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HB 2270

Creates new provisions regarding the discharge of foam fire suppressants

2026 Regular Session Introduced by Tim Taylor

Missouri will largely ban PFAS-containing firefighting foams starting 2028, with recalls for pre-2028 batches and exceptions for federally required aviation and defense uses.

Referred: Emerging Issues(H)
#environmentalprotection #fireprotection #liability
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Bill Summary · HB 2270

Summary of HB 2270 (2026) – Missouri

Main purpose

HB 2270 seeks to regulate firefighting or fire-suppressing foams that intentionally contain PFAS (per- and polyfluoroalkyl substances). The bill directs the Department of Natural Resources to create rules governing manufacture, use, storage, and remediation, and imposes reporting and eventual prohibition on PFAS-containing foams with certain exceptions, plus obligations on manufacturers.

Key provisions and changes

  • Definitions (Section 644.800(1))

    • Defines terms critical to the act, including:
    • “Department” as the Missouri Department of Natural Resources.
    • “Discharge” includes any release by various means (spill, leak, spray, etc.).
    • “PFAS” as substances listed on the EPCRA toxic chemical list.
    • “Waters of the state” and related terms per existing law.

  • Regulatory authority (Section 644.800(2))

    • The department must promulgate rules regulating the manufacture, use, storage, and remediation of firefighting foams that have intentionally added PFAS.
    • Rules must aim to protect environmental and public health (soil, water, air).

  • Reporting requirement for discharges (Section 644.800(3))

    • Anyone who discharges PFAS-containing foam into or upon waters of the state, public/private water supplies, or adjacent land must report to the department as soon as practicable, but no later than 24 hours after the discharge.

  • Prohibition on PFAS foams (Section 644.800(4))

    • Beginning January 1, 2028, it is generally illegal to manufacture, sell, offer for sale, distribute for sale, or distribute for use PFAS-containing firefighting foams in Missouri.
    • Exceptions:
    • Foams used at airports if required by federal law/regulation (e.g., 14 CFR Part 139), provided the foam is mandated by federal requirements.
    • Foams used for marine defense applications as required by the U.S. Department of Defense.

  • Certificate of compliance (Section 644.800(5))

    • Manufacturers selling or distributing foams in Missouri must, upon request, provide a certificate of compliance confirming the foam does not contain intentionally added PFAS or that it falls under an allowed exception.

  • Pre-2028 foams – notification and recall (Section 644.800(6))

    • For foams containing PFAS that were manufactured and sold/distributed prior to January 1, 2028:
    • The manufacturer must notify any Missouri recipient about the prohibition.
    • The manufacturer must recall the foam and provide reimbursement to those who received it for use or sale.

  • Rulemaking authority and safeguards (Section 644.800(7))

    • The director can promulgate necessary rules for administration.
    • Rules are subject to Missouri’s administrative procedure laws (chapter 536).
    • The bill contains nonseverability provisions: if key constitutional provisions regarding rulemaking (e.g., legislative review or delay) are struck down, the entire rulemaking authority and subsequent rules would be invalid.

Who is affected

  • Regulated entities: Manufacturers, distributors, retailers, and users of firefighting foams containing PFAS.
  • Environmental and public health interests: States’ environmental resources, including soil, water, and air quality, via department rules and enforcement.
  • Facility operators: Airports and military/marine facilities where PFAS-containing foams may be used under existing federal requirements.
  • General public: Individuals and communities potentially affected by discharges or improper handling of PFAS foams.

Procedural and timeline notes

  • Reporting deadline: Discharges must be reported within 24 hours of occurrence.
  • Effective prohibition date: January 1, 2028 (general prohibition on PFAS-containing foams, with stated exceptions).
  • Pre-2028 obligations: Manufacturers must notify and recall PFAS-containing foams sold before 2028, with reimbursement to recipients.
  • Rulemaking process: Department to issue rules; certain provisions linked to the state’s formal regulatory review process (Chapter 536). The bill includes a nonseverability clause tied to constitutional challenges to rulemaking.

Overall impact

HB 2270 aims to phase out PFAS-containing firefighting foams in Missouri, reduce environmental and health risks associated with PFAS, and establish a framework for rapid reporting of any discharges. It balances a near-term transition (with pre-2028 recall obligations) and longer-term prohibitions, while preserving targeted exceptions for federally mandated aviation and certain defense-related uses.

Compiled from official sources — confirm details with the bill’s official record.

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