I 118th CONGRESS 1st Session H. R. 5356 IN THE HOUSE OF REPRESENTATIVES September 8, 2023 Mr. Carbajal (for himself, Mr. Lawler , and Mr. Van Orden ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To require the Secretary of Transportation to establish a PFAS replacement program at certain airports, and for other purposes.

1. Short title This Act may be cited as the Pollution-Free Aviation Sites Act or the PFAS Act . 2. PFAS-related resources for airports (a) PFAS replacement program for airports Not later than 90 days after the date on which the Department of Defense approves a fluorine-free fire fighting agent to the Qualified Products’ List for products meeting Military Specification MIL–PRE–32725, dated January 12, 2023, the Secretary of Transportation shall establish a PFAS replacement program, in consultation with the Administrator of the Environmental Protection Agency, and subject to terms, conditions, and assurances acceptable to the Secretary, to reimburse eligible airports for the reasonable and appropriate costs associated with any of the following: (1) The one-time initial acquisition by an eligible airport of fluorine-free firefighting alternatives for— (A) the capacity of all required aircraft rescue and firefighting (ARFF) equipment listed in the most recent FAA-approved Airport Certification Manual, regardless of how the equipment was initially acquired; and (B) twice the quantity carried onboard each required truck available in the fire station for the eligible airport. (2) The disposal of per- or polyfluoroalkyl products, including fluorinated aqueous film-forming agents, to the extent such disposal is necessary to facilitate the transition to an acceptable fluorine-free agent, including, but not limited to, aqueous film forming agents currently in fire-fighting equipment, vehicles, and wastewater generated during the cleaning of fire-fighting equipment and vehicles. (3) Cleaning or disposal of existing equipment or components thereof, to the extent such cleaning or disposal is necessary to facilitate the transition to an acceptable fluorine-free agent. (4) Any equipment or components thereof necessary to facilitate the transition to an acceptable fluorine-free agent. (5) Replacement of aircraft rescue and firefighting (ARFF) equipment as determined by the Secretary as necessary to be replaced. (b) Distribution of funds (1) Grants to replace arff vehicles (A) In general The Secretary shall reserve a portion of the amounts appropriated to carry out the PFAS replacement program to make grants to each eligible airport that is designated under part 139 as an Index A airport and does not have existing capabilities to produce fluorine-free foam, to replace aircraft rescue and firefighting (ARFF) vehicles. (B) Amount No grant made to an eligible airport under subparagraph (A) shall exceed $2,000,000. (2) Remainder (A) Determination of need With respect to the amount of firefighting foam concentrate required for foam production commensurate with applicable aircraft rescue and firefighting (ARFF) equipment required in accordance with the most recent FAA-approved Airport Certification Manual, the Secretary shall determine— (i) the total amount of such concentrate required for all of the federally required aircraft rescue and firefighting (ARFF) vehicles that meet index requirements under part 139 of each eligible airport, in gallons; and (ii) the total amount of nationwide firefighting foam concentrate, in gallons. (B) Determination of grant amounts From the amounts appropriated to carry out the PFAS replacement program that remain after the application of paragraph (1), the Secretary shall make a grant to each eligible airport of the amount equal to the product of— (i) the amount of such remaining funds; and (ii) the ratio of the amount determined under subparagraph (A)(i) for such eligible airport to the amount determined under subparagraph (A)(ii). (c) Program requirements (1) In general The Secretary shall determine the eligibility of costs payable under the PFAS replacement program by taking into account all engineering, technical, and environmental protocols and generally accepted industry standards that are developed or established for fluorine-free foams. (2) Compliance with Applicable law All actions related to the acquisition, disposal, and transition to fluorine-free foams, including the cleaning and disposal of equipment, shall be conducted in full compliance with all applicable Federal laws in effect at the time of obligation in order to be eligible for reimbursement under the PFAS replacement program. (3) Government share The Government’s share of allowable costs under the PFAS replacement program shall be 100 percent. (d) Authorization of appropriations (1) In general There is hereby authorized such sums as may be necessary to carry out the PFAS replacement program. (2) Requirements Amounts appropriated to carry out the PFAS replacement program shall— (A) remain available for expenditure for a period of 5 fiscal years; and (B) be available in addition to any other funding available for similar purposes under any other Federal, State, local, or Tribal program. (e) Definitions In this section: (1) Eligible airport The term eligible airport means an airport holding an Airport Operating Certificate issued under part 139. (2) Part 139 The term part 139 means part 139 of title 14, Code of Federal Regulations. (3) PFAS replacement program The term PFAS replacement program means the program established under subsection (a).