June & July 2024 PFAS Legislative Developments

June & July Legislation Tracking (June 1 – July 31)

Current Trends in Legislation – June & July 2024

Federal Legislature

    • One new bill introduced.

Federal Regulations

  • There were no significant developments in June and July.

State Legislature

  • Three bills were introduced.
  • Three states introduced bills.
  • Three amendments made to pending bills.
  • Six bills signed into law.

State Regulations

  • WSR 24-14-016 was introduced as emergency rule in Washington state. This intent is to comply with EPA’s new standards for PFAS. The board adopted an emergency rule on June 12, 2024, to amend WAC 246-290-315 such that the criteria would apply on the effective date of an MCL as set in the federal standard, not the adoption date, in order to maintain vital public health protections for drinking water safety. Along with the emergency rule making, the board initiated a permanent rule to amend the rule language to align with the emergency provision and explore other protections.

New Bills This Period

PFAS Legislation

Federal

  • One new bill introduced.

    State

      • Three (3) bills introduced.
      • One (1) in DE.
      • One (1) in MA.
      • One (1) in NJ.

      Signed into Law

      Six bills were passed into law related to PFAS in June and July 2024.

      • SB 393 (NH) signed by Governor. This makes an appropriation to the department of environmental services for the funding of regional drinking water infrastructure as part of Phase 2 of the Southern New Hampshire Regional Water Project to increase water supply to towns impacted by PFAS contamination and growing water demands.
      • HB 1320 (NH) signed by Governor. This requires the disclosure of information regarding PFAS in real-estate transactions.
      • SB 67 (AK) signed by Governor. This establishes a firefighting substances disposal reimbursement program. It requires the department to prioritize certain costs related to proper disposal of firefighting substance or PFAS, including the replacement of equipment containing PFAS.
      • H 7356 & S 2152 (RI) signed by Governor. Consumer PFAS Act of 2024. The intent is to ban all uses of PFAS by 1/1/29, unless the use of PFAS in a product is considered unavoidable. Except as provided otherwise in the bill, on and after 1/1/2027, no person shall manufacture, sell, or offer for sale in the state any covered product that contains intentionally added PFAS.
      • H 7619 & S 2850 (RI) signed by Governor. This bill updates the existing Toxic Packaging Act and stipulates by January 1, 2025, no food package to which PFAS have been intentionally introduced during manufacturing or distribution in any amount shall be offered for sale or for promotional purposes by its manufacturer or distributor in the state.
      • SB 292 (CT) signed by Governor. On and after July 1, 2026, no person shall manufacture, sell, offer for sale or distribute for sale various consumer products including apparel, carpets, cookware, cosmetic products, children’s products, menstruation products if such product contains intentionally added PFAS, unless the manufacturer of the product provides prior notification. On and after January 1, 2026, if a manufacturer or other person sells turnout gear that contains intentionally added PFAS, the manufacturer or person shall provide written notice to the purchaser at the time of sale that indicates that the turnout gear includes intentionally added PFAS and the reason PFAS is added to the turnout gear.

        Highlighted Bills – PFAS Legislation

        Federal
        Federal Bill: S 4774
        • Bill Name: A Bill to Provide Clinical Guidance 
        • Sponsors: Jeanne Shaheen
        • Introduced: 7/25/2024
        • Status: Referred to the Committee on Health Education Labor and Pensions
        • Summary: The bill intends to provide for the periodic issuance of up-to-date clinical guidance on addressing the health effects of PFAS.
        • Note: Bill text not available as of 8/1/2024
        State
        State Bill: HR 34 (DE)
        • Bill Name: PHASING OUT THE USE OF AVOIDABLE PFAS IN CONSUMER PRODUCTS 
        • Sponsors: Baumbach
        • Introduced: 6/28/2024
        • Status: Assigned to Administration Committee in House
        • Summary: The bill intends to phase out the use of avoidable PFAS in consumer products sold in Delaware.
        State Bill: SB 2902 (MA)
        • Bill Name: An Act relative to the reduction of certain toxic chemicals in firefighter personal protective equipment 
        • Sponsors: Senate Committee on Ways and Means
        • Introduced: 7/29/2024
        • Status: Referred to committee on House Ways and Means
        • Summary: The bill proposes that a manufacturer that sells firefighting personal protective equipment containing PFAS chemicals must provide written notice to the purchaser at the time of sale.
        State Bill: S 3331 (NJ)
        • Bill Name: A SUPPLEMENT to the annual appropriations 
        • Sponsors: Kristin Corrado
        • Introduced: 6/3/2024
        • Status: Referred to Senate Environment and Energy Committee
        • Summary: The bill makes a supplemental appropriation of $12 million to the Village of Ridgewood for drinking water infrastructure improvements related to PFAS pollution.

        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.

        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.

        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.

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