September 2024 PFAS Legislative Developments

September Legislation Tracking (September 1 – September 30)

Current Trends in Legislation – September 2024

Federal Legislature

    • Two new bills introduced.

Federal Regulations

  • 89 FR 78986: Federal notice that the Department of Veterans Affairs (VA) plans to assess scientific literature and historical claims data to determine whether an association between military environmental exposures and certain medical conditions exists. Specifically, this assessment will consider the possibility of a relationship between exposure to PFAS and kidney cancer.

State Legislature

  • Four bills were introduced.
  • Two bills were signed into law.

State Regulations

  • There were no significant developments in state regulations.

New Bills This Period

PFAS Legislation

Federal

  • Two new bills introduced.

    State

      • Four (4) bills introduced.
      • One (1) in MI.
      • Three (3) in NJ.

      Signed into Law

      Two bills were passed into law related to PFAS in September 2024.

      • CA bill AB2515 was signed by the Governor. This bill bans the use of PFAS in menstrual products.
      • CA bill AB347 was signed by the Governor. This bill requires the Department of Toxic Substances Control to adopt regulations for the enforcement of specific prohibitions on the use of PFAS.

        Highlighted Bills – PFAS Legislation

        Federal
        Bill: S 5084
        • Bill Name: Safe School Meals Act of 2024 
        • Sponsors: Cory Booker
        • Introduced: 9/18/2024
        • Status: Referred to the Committee on Agriculture Nutrition and Forestry
        • Summary: The bill seeks to amend the Richard B. Russell National School Lunch Act to ban foods with contaminants above safe levels in or on final products served in school meals. The bill prohibits packaging that incorporates PFAS.
        Bill: HR 9864
        • Bill Name: A bill to amend the Federal Food, Drug, and Cosmetic Act 
        • Sponsors: Debbie Dingell
        • Introduced: 9/27/2024
        • Status: Referred to the House Committee on Energy and Commerce
        • Summary: The bill seeks to amend the Federal Food Drug and Cosmetic Act to prohibit the introduction into interstate commerce of food packaging containing intentionally added PFAS.
        • Note: The bill text is not yet available.
        State
        State Bill: HB 5965 (MI)
        • Bill Name: A bill to amend the Natural Resources and Environmental Protection Act 
        • Sponsors: Jennifer Conlin
        • Introduced: 9/26/2024
        • Status: Referred to the Committee on Natural Resources, Environment, Tourism and Outdoor Recreation
        • Summary: The bill establishes a grant program to assist farmers who have been impacted by PFAS. The program is to provide grants to farmers whose agricultural land, agricultural products, or water located on or accessed from the agricultural land is contaminated with PFAS. Assistance shall include but is not limited to: the costs of medical or mental health testing and care that are not otherwise covered by health insurance or a legal settlement related to PFAS contamination; the costs of buying and selling agricultural land; investing in removal, filtration, or destruction of PFAS; Income replacement and mortgage payments.
        State Bill: AR 156 (NJ)
        • Bill Name: A bill Requesting that the Federal Government offer Legal Remedies 
        • Sponsors: Cody Miller
        • Introduced: 9/19/2024
        • Status: Referred to Assembly Oversight Reform and Federal Relations Committee
        • Summary: The bill requests the federal government to offer legal remedies to victims exposed to PFAS and incentivize research.
        State Bill: A 4767 (NJ)
        • Bill Name: AN ACT banning PFAS from menstrual products 
        • Sponsors: Lisa Swain
        • Introduced: 9/19/2024
        • Status: Referred to Assembly Consumer Affairs Committee
        • Summary: The bill seeks to ban the use of PFAS in menstrual products.
        • Note: Identical bill introduced in Senate.

        Updates on Previously Highlighted Bills

        Federal
        State
        HB1153 (MD) was approved by the Governor 5/9/2024. This bill establishes limits for PFAS in any water discharged by industrial entities.
        S25 (VT) was approved by the Governor 5/30/2024. This bill prohibits the sale of certain products, including cosmetics, mistral products, and textiles containing intentionally-added PFAS.

        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.

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        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.

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        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

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