August 2023 PFAS Legislative Developments

August Legislation Tracking (August 1, 2023 – August 31, 2023)

Current Trends in Legislation – August 2023

Federal Bills Introduced

  • Representative Elissa Slotkin (D-MI 7th District) introduced five bills this month.
  • All five bills are designed to direct the Department of Defense and associated agencies to begin restricting the use of PFAS, and also mitigate the effects of potential exposure.

State Legislature

  • Due to congressional recess, there were few notable developments in state legislature this month.
  • One bill related to PFAS in Alaska was vetoed.

New Bills This Period

PFAS Legislation

Federal

  • Five Bills Introduced

    State

    • One amendment was introduced in August related to PFAS and one bill was vetoed.
      • ME – 1 amendment
      • AK – 1 veto

    Signed into Law

    There were no State or Federal bills passed into law related to PFAS in August 2023

    Highlighted Bills – PFAS Legislation

    Federal
    Federal Bill: HR 5260
    • Bill Name: PFAS Free Military Purchasing Act
    • Sponsors: Rep. Elissa Slotkin
    • Introduced: 8/22/2023
    • Status: Referred to the House Committee on Armed Services
    • Summary: The intent is to amend the National Defense Authorization Act for Fiscal Year 2021, to modify the prohibition on the acquisition by the Department of Defense of certain items containing PFAS. Between 4/1/2023 and 4/1/2025, the Secretary of Defense may not acquire specified items that contain PFAS.
    Federal Bill: HR 5261
    • Bill Name: PFAS Training for Dept. of Defense Providers and Servicemembers Act 
    • Sponsors: Rep. Elissa Slotkin
    • Introduced: 8/22/2023
    • Status: Referred to the House Committee on Armed Services.
    • Summary: The intent is to direct the Secretary of Defense to provide to each health care provider of the Department of Defense training regarding the potential health effects of PFAS.
    Federal Bill: HR 5263
    • Bill Name: PFAS Strictest Standard Act.
    • Sponsors: Rep. Elissa Slotkin
    • Introduced: 8/22/2023
    • Status: Referred to the Subcommittee on Water Resources and Environment.
    • Summary: The intent is to direct the Secretary of Defense to ensure that removal and remedial actions relating to PFAS contamination result in levels meeting or exceeding certain standards set by CERCLA and the Safe Drinking Water Act.
    Federal Bill: HR 5259
    • Bill Name: PFAS Exposure Assessment and Documentation Act 
    • Sponsors: Rep. Elissa Slotkin
    • Introduced: 8/22/2023
    • Status: Referred to the House Committee on Armed Services.
    • Summary: The intent is to direct the Secretary of Defense to mention in periodic health assessments of members of the Armed Forces an evaluation of whether the member has been exposed to PFAS. Blood testing is to be offered to a member if PFAS exposure is reported.
    • Notes:
    Federal Bill: HR 5262
    • Bill Name: Department of Defense PFAS Cleanup Transparency Act of 2023 
    • Sponsors: Rep. Elissa Slotkin
    • Introduced: 8/22/2023
    • Status: Referred to the House Committee on Armed Services.
    • Summary: The intent is to require the Secretary of Defense to publish information regarding the status of certain cleanup efforts of the Department of Defense. The Secretary of Defense shall publish on the publicly available website established under section 331(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2701 note) timely and regularly updated information on the status of the cleanup of sites for which the Secretary has obligated amounts for environmental restoration activities.
    • Notes:
    State
    Amendment: HP 163 LD 258 (ME)
    • Bill Name: An Act Making Unified Appropriations and Allocations from the General Fund and Other Funds for the Expenditures of State Government and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2023, June 30, 2024 and June 30, 2025  
    • Sponsors: Representative Sachs
    • Introduced: 1/24/2023
    • Status: (7/11/2023) Signed into Law
    • Summary: This bill designates appropriations across various sectors of Maine’s governance. The amendments now incorporate funding for Maine’s Bureau of Agriculture, Division of Forest Protection, and Resource Management Services – Inland Fisheries and Wildlife to test for and otherwise mitigate the effects of PFAS .
    Veto: HB 51 (AK)
    • Bill Name: Relating to refrigerants designated as acceptable for use under federal law; relating to firefighting substances; and providing for an effective date.  
    • Sponsors: Representative Wright
    • Introduced: 1/30/2023
    • Status: (8/26/2023) Vetoed by governor Mike Dunleavy
    • Summary: The bill was drafted to prohibit the use of firefighting equipment that contains PFAS except by limited, specific provision. The bill passed the House and Senate by a vote of 58-2. The governor’s veto has drawn criticism. The governor’s formal statement suggests the bill “does not provide alternatives to aqueous film forming foam (AFFF) for firefighting. If AFFF is removed from a community, residents will have no capabilities to fight a large-scale fire. ‘When balancing the environment and life and safety of Alaskans, this bill falls short by removing a lifesaving tool from the toolbox.”

    Updates on Previously Highlighted Bills

    Federal
    State

    None at this time

    John Gardella

    Shareholder

    PFAS, Environmental, Litigation

    John Gardella and his team were recognized by National Law Review as the only Thought Leader in the nation in 2020 on the subject of PFAS. Attorney Gardella regularly consults with corporate, insurance, and financial world clients to assess risks in a multitude of transaction types. While he has specialized his practice for the past five years on the subject of PFAS, he has fifteen years of litigation and environmental practice that shapes the expertise that he offers to his clients to predict future risks. His opinions are sought out by media, such as Bloomberg, AM Best, and numerous industry-specific publications.

    Email John Gardella

    Amaran Toppa

    Director of Client Relations & Development

    Amaran Toppa joined CMBG3 Law in 2017 after almost three years in the investment management industry. In addition to her time in the financial sector, Mrs. Toppa has over 15 years of experience working with law firms who have litigated and consulted on ESG, Environmental, Insurance, Toxic Tort, Criminal and Civil matters. As a member of the CMBG3’s Government Affairs team, Mrs. Toppa analyzes and provides guidance on important policy and regulatory issues to the firm’s practice groups. She also assists with strategizing policy responses and develops relationships with key federal and state legislators and agency members to lobby on issues important to the firm’s clients.

    Email Amaran

    Tori Paiva

    Legislative Analyst

    Tori Paiva is a Legislative Analyst at CMBG3 Law specializing in ESG, PFAS, Environmental and Tort issues. Ms. Paiva has extensive knowledge and expertise pertaining to federal regulators bodies including OSHA, EPA, DEP, and the FDA. With her expertise on both federal and local regulations, she has helped with the national defense strategies for her clients and continues to inform our attorneys on pertinent issues developing in the regulatory realm. As a member of the Government Affairs team, she is responsible for monitoring and reporting on legislative priorities, and regularly attends congressional hearings. As a registered lobbyist, Ms. Paiva also meets with Federal and State stakeholders to advance priorities important to firm clients.

    Email Tori

    Speak to Your PFAS Legislative Experts



      Submit a Comment

      Your email address will not be published. Required fields are marked *