December 2024 PFAS Legislative Developments

December Legislation Tracking (December 1 – December 31)

Current Trends in Legislation – December 2024

Federal Legislature

    • One new bill was introduced.

State Legislature

  • Four bills were introduced.
  • One bill proposes criminal action for violating regulations concerning PFAS contamination in agricultural products.

State Regulations

  • Notice regarding NH 2024-241 Per and Polyfluoroalkyl Substances (PFAS) Removal Rebate Program for Private Wells. The Department of Environmental Services’ proposed rule for adoption, Env-Dw 1500, establishes criteria and procedures for administering the PFAS Removal Rebate Program. The program aims to assist owners of private wells with water treatment or connection to public water systems.

New Bills This Period

PFAS Legislation

Federal

  • One new bill introduced.

    State

      • Four bills introduced.
      • One in MI.
      • One in WA.
      • One in TX.
      • One in CA.

      Signed into Law

      No bills were passed into law related to PFAS in December 2024.

          Highlighted Bills – PFAS Legislation

          Federal
          Federal Bill: HR 10440
          • Bill Name: A bill to amend the Safe Drinking Water Act 
          • Sponsors: Paul Tonko
          • Introduced: 12/16/2024
          • Status: Referred to the Committee on Energy and Commerce
          • Summary: The bill seeks to provide assistance for states, territories, areas affected by natural disasters, and water systems and schools affected by PFAS or lead, and to require the Environmental Protection Agency to promulgate national primary drinking water regulations for PFAS.
          • Note: Bill text not available as of 1/3/2025.
          State
          State Bill: SB 5033 (WA)
          • Bill Name: An Act Concerning sampling or testing of biosolids for PFAS chemicals 
          • Sponsors: Jeff Wilson
          • Introduced: 12/13/2024
          • Status: Introduced
          • Summary: The bill declares that a program shall be established to manage municipal sewage sludge and incorporates a clause specifically concerning the management of PFAS. The bill stipulates that by July 1, 2027, the department must establish PFAS chemical sampling or testing requirements; by July 1, 2028, the department must complete an analysis of the levels of PFAS chemicals in biosolids produced in Washington state.
          State Bill: SB 39 (CA)
          • Bill Name: An act to amend Section 108980 of the Health and Safety Code 
          • Sponsors: Senator Weber
          • Introduced: 12/3/2024
          • Status: Introduced
          • Summary: This bill would exempt vaginal or vulvar products from the prohibitions described in Section 108980 of the Health and Safety Code (which include in PFOA and PFOS), if specified conditions are met, including that a product has passed definitive third-party placebo-controlled double blind-safety trials.
          State Bill: SB 1199 (MI)
          • Bill Name: A bill to amend the Public Health Code 
          • Sponsors: Mark E. Huizenga
          • Introduced: 12/18/2024
          • Status: Referred to committee on government operations
          • Summary: The bill proposes that beginning January 1, 2025, a primary care physician shall inform individuals that qualified minors are eligible to be tested for PFAS levels using a complete panel test. A full panel to test for PFAS levels must be collected at a hospital reference laboratory to ensure a sufficient sample of blood is obtained. The sample of blood must be sent to the state testing laboratory for analysis. Qualified minors are 10 years old or younger and live in households that use water from a well located in Kent or Ottawa County, and in an area that has been identified by the Michigan PFAS action response team as having elevated levels of PFAS.
          State Bill: HB 1674 (TX)
          • Bill Name: An Act relating to the production, sale, and use of certain agricultural products containing PFAS 
          • Sponsors: Representative Kerwin
          • Introduced: 12/19/2024
          • Status: Introduced
          • Summary: The bill stipulates that, as it relates to commercial fertilizer or a product of similar agricultural purpose, a person may not manufacture, sell, distribute, or apply any material with an exceedance of PFAS concentration above specified levels. On a monthly basis, manufacturers of the subject agricultural products must submit samples of their product for PFAS testing. The bill proposes strict adherence to testing compliance, and stipulates criminal action if a person, acting intentionally or knowingly with respect to conduct, sells, distributes, or applies any material with a concentration of PFAS above the specified levels.

          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.

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