May 2024 PFAS Legislative Developments
May Legislation Tracking (May 1 – May 31)
Current Trends in Legislation – May 2024
Federal Legislature
- No new bills were introduced.
Federal Regulations
- There were no significant developments in May, but in April the EPA released a final regulation designating PFOA and PFOS as hazardous under the nation’s Superfund law.
State Legislature
- Fifteen bills were introduced.
- Six states introduced bills.
- Notable topics the legislature addressed include the presence of PFAS in water sources and packaging material.
State Regulations
- Chapter 80: Reduction of Toxics in Packaging (ME) became effective 5/1/2024. (06-096 Ch. 80). This establishes a sales prohibition on the use of specific applications of intentionally added PFAS to certain types of food packaging. Specifically, “A manufacturer, supplier, or distributor may not offer for sale or for promotional purposes in the State food packaging intended for direct food contact comprised, in substantial part, of paper, paperboard, or other materials originally derived from plant fibers which are intended for short-term storage or to hold freshly prepared food, to which PFAS have been intentionally introduced in any amount greater than an incidental presence…”
New Bills This Period
PFAS Legislation
Federal
- No bills introduced.
State
- Fifteen (15) bills introduced.
- One (1) in DC.
- Two (2) in MN.
- Three (3) in NJ.
- Three (3) in NY.
- Four (4) in NC.
- Two (2) in VA.
Signed into Law
Two bills were passed into law related to PFAS in May 2024.
- 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, menstrual products, and textiles containing intentionally-added PFAS.
Highlighted Bills – PFAS Legislation
Federal
State
State Bill: H 973 (NC)
- Bill Name: Ban PFAS in Food Packaging
- Sponsors: Autry
- Introduced: 5/1/2024
- Status: Referred to the Committee on Appropriations
- Summary: The bill intends to ban PFAS from certain products including food packaging. Manufacturers must issue a certificate of compliance to sellers within NC that food packaging is PFAS-free. This is to become effective 7/1/24.
State Bill: S 9661 (NY)
- Bill Name: AN ACT to amend the public health law
- Sponsors: Brian Kavanagh
- Introduced: 5/16/2024
- Status: Referred to Committee on Health
- Summary: The bill proposes that a maximum contaminant level of the following be established for drinking water: 4 parts per trillion (ppt) for perfluorooctane sulfonic acid (PFOS) and perfluorooctanoic acid (PFOA); 10 parts per trillion (ppt) for perfluorononanoic acid (PFNA), perfluorohexane sulfonate (PFHxS), hexafluoropropylene oxide dimer acid (HFPO-DA), and perfluorobutane sulfonate (PFBS).
State Bill: A 10510 (NY)
- Bill Name: AN ACT to amend the general business law
- Sponsors: Phil Steck
- Introduced: 5/29/2024
- Status: Referred to Governmental Operations
- Summary: The bill mandates a recall of any Class B firefighting foam that was distributed after 3/22/2022 that contained intentionally-added PFAS.
State Bill: SR 99 (NJ)
- Bill Name: A SENATE RESOLUTION urging the EPA to adopt drinking water standards
- Sponsors: Bob Smith
- Introduced: 5/6/2024
- Status:Referred to Senate Environment and Energy
- Summary: The bill urges EPA to adopt drinking water standards for microplastics and nanoplastics pursuant to recent standards set for PFAS.
State Bill: A 10184 (NY)
- Bill Name: AN ACT to amend the environmental conservation law
- Sponsors: Phara Souffrant Forrest
- Introduced: 5/10/2024
- Status:Referred to Environmental Conservation
- Summary: The bill prohibits the sale of medical adhesives and bandages containing PFAS and imposes a penalty for each day during which such violation continues.
State Bill: A 4367 (NJ)
- Bill Name: AN ACT concerning packaging and plastic products
- Sponsors: Alixon Collazos-Gill
- Introduced: 5/16/2024
- Status:Referred to Assembly Environment Natural Resources and Solid Waste Committee
- Summary: The bill generally requires producers of plastic packaging and certain other plastic products to reduce the quantity of plastic sold, and amends the “Toxic Packaging Reduction Act” to prohibit the sale of packaging (and products that are packaged in packaging) that contains certain substances, PFAS.
State Bill: S 832 (NC)
- Bill Name: 2024 Safe Drinking Water Act
- Sponsors: Smith
- Introduced: 5/2/2024
- Status:Referred to Committee on Rules and Operations of the Senate
- Summary: The bill requires the Commission for Public Health to establish maximum contaminant levels for certain toxic chemicals including PFAS in drinking water sources.
State Bill: HF 5461 (MN)
- Bill Name: A bill for an act relating to capital investment
- Sponsors: Hill
- Introduced: 5/7/2024
- Status:Referred to Capital Investment
- Summary:The bill appropriates over $39 million to the Public Facilities Authority for a grant to the city of Stillwater to predesign, design, construct, and equip up to three water treatment plants, associated water mains and all other appurtenances to remove PFAS from city drinking water wells.
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.
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.
