July 2021 PFAS Legislative Developments

July Legislation Tracking (July 1, 2021 – July 31, 2021)

Current Trends in Legislation – July 2021

Military Reporting and Remediation

  • Federal Level
  • Key point addressed: Reporting and testing of PFAS on military installations. Medical testing on Veterans related to PFAS.

Firefighting Foam

  • States Involved: Federal, WI
  • Key point addressed: Provide grants for PFAS testing related to firefighting foam

Food Packaging

  • State Involved: Federal Level
  • Key point addressed: To disclose information related to PFAS Exposure.

New Bills This Period

PFAS Legislation

No new bill this period

Signed into Law

State
Bill: SB561 (IL) – Public Act 102-0290
  • Bill: PFAS Reduction Act
  • Sponsors: Laura Ellman
  • Introduced: 2/23/2021
  • Status: UPDATE: UPDATE (8/6/2021) Approved by the Governor and effective as of August 6, 2021.
  • Summary: Provides that a person, local government, fire department, or State agency may not discharge or otherwise use for training or testing purposes a class B firefighting foam containing intentionally added PFAS. On and after January 1, 2022, prohibits the knowing manufacture, sale, offering for sale, distribution for sale, or distribution for use of a class B firefighting foam containing intentionally added PFAS.Provides specified notice and recall requirements for manufacturers. Contains a prohibition and exemption for the manufacture, sale, offering for sale, or distribution for sale of food packaging containing intentionally added PFAS.

    Requires manufacturers of class B firefighting foam containing PFAS to register with the Environmental Protection Agency and pay to the Agency an annual registration fee of $5,000. Requires the Agency to administer and enforce the Act and to adopt rules. Requires the Office of the State Fire Marshal to conduct a survey of fire departments and to provide a report of the results of the survey to the General Assembly no later than 90 days after its completion. Provides a civil penalty of $5,000 for the first violation of the Act and $10,000 for each subsequent violation. Provides that civil penalties collected must be deposited into the Environmental Protection Trust Fund to be used in accordance with the provisions of the Environmental Protection Trust Fund Act. Contains other provisions. Effective immediately.

Bill: HB236 (NH)
  • Bill Name: Creating a statute of limitations on civil actions relative to damage cause by perfluoroalkyl and polyfluoroalkyl substances.
  • Sponsors: Suzanne Vail 
  • Introduced: 1/9/2021 (referred to Judiciary)
  • Status: UPDATE: (7/26/2021) Signed by Governor Sununu on 7/23/21 and will be effective on 9/21/2021. 
  • Summary: This bill creates a statute of limitation on civil actions relative to damage caused by perfluoroalkyl and polyfluoroalkyl substances.485-H:11 Statute of Limitations; Civil Actions; PFAS Exposure. A civil action arising out of any harm or injury caused by a person or entity found legally responsible for or an action for any damages resulting from a PFAS exposure may be brought within the 6 years after the date the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, such harm, injury, or damages and the causal relationship of an act or omission to such harm, injury or damages.
Bill: HP1113 (ME)
  • Bill Name: An Act to Stop PFAS Pollution.
  • Sponsors: Lori Gramlich 
  • Introduced: 4/13/2021
  • Status: UPDATE: (7/15/2021) Final disposition – emergency enacted on July 15, 2021. (Emergency Unsigned). 
  • Summary: To address the imminent threat of further contamination of soil and water in the State, to collect information regarding the use of PFAS in and to phase out the sale of certain nonessential products containing PFAS.A. Beginning January 1, 2023, a manufacturer of a product for sale in the State that contains intentionally added PFAS shall submit to the department a written notification that includes:
    1. A brief description of the product;
    2. The purpose for which PFAS are used in the product, including in any product components;
    3. The amount of each of the PFAS, identified by its chemical abstracts service registry number, in the product, reported as an exact quantity determined using commercially available analytical methods or as falling within a range approved for reporting purposes by the department;
    4. The name and address of the manufacturer, and the name, address and phone number of a contact person for the manufacturer; and
    5. Any additional information established by the department by rule as necessary to implement the requirements of this section.
Bill: HP1189 (ME)
  • Bill Name: An Act to Investigate PFAS Contamination of Land and Groundwater
  • Sponsors: Lori Gramlich 
  • Introduced: 4/25/2021
  • Status: UPDATE: (7/15/2021) Final disposition – emergency enacted on July 15, 2021. (Emergency Unsigned).
  • Summary: Land Application Contaminant Monitoring Fund. The Land Application Contaminant Monitoring Fund is established to be used by the department as a nonlapsing, revolving fund to test and monitor soil and groundwater for PFAS and other contaminants and for other related activities, including, but not limited to, abating or mitigating identified contamination and the effects of such contamination through the provision of access to safe drinking water, the installation of filter treatment systems or other actions.
Bill: HP1115 (ME)
  • Bill Name: An Act to Irestrict use of PFAS in firefighting foam
  • Sponsors: Lori Gramlich 
  • Introduced: 4/13/2021
  • Status: UPDATE: (7/15/2021) Final disposition – emergency enacted on July 15, 2021. (Emergency Unsigned). 
  • Summary: Beginning January 1, 2022, a person may not discharge or cause to be discharged for testing or training purposes a firefighting or fire-suppressing foam to which PFAS have been intentionally added unless the foam is entirely collected by the person for proper disposal. Manufacture, sale and distribution prohibited. Beginning January 1, 2022, a person may not manufacture, sell, offer for sale, distribute for sale or distribute for use in the State a firefighting or fire-suppressing foam to which PFAS have been intentionally added (some exceptions outlined).
Bill: HP185 (ME)
  • Bill name: An Act to Prohibit Aerial Application of perfluoroalkyl and polyfluoroalkyl substances.
  • Sponsors: Rep. William Pluecker of Warren
  • Introduced: 1/27/21
  • Status: UPDATE: (6/21/2021) Signed by the Governor and passed into law on June 21, 2021.
  • Summary: This bill prohibits the aerial application of a pesticide unless the Board of Pesticides Control has determined that the pesticide has been analyzed by a 3rd-party entity not associated with the manufacturer of the pesticide who has determined that perfluoroalkyl and polyfluoroalkyl substances, also known as PFAS, are not part of the formulation of the pesticide. The bill also prohibits the aerial application of a pesticide if perfluoroalkyl and polyfluoroalkyl substances are part of the formulation of the pesticide.
Bill: SB837 (CT)
  • Bill Name: An Act to prohibit use of firefighting foam containing PFAS for training purposes and establish a take-back program for such products
  • Sponsors: Environment Committee 
  • Introduced: 2/4/2021
  • Status: UPDATE: (7/13/2021) Signed by the Governor
  • Summary: (1) On and after the effective date of this section, no person, local government or state agency shall use a class B firefighting foam that contains an intentionally added perfluoroalkyl or polyfluoroalkyl substance in any amount for training or testing purposes. There are exceptions and extensions outlined in the bill that provide guidance on PFAS prohibition.

Highlighted Bills – PFAS Legislation

Federal
Federal Legislature Bill: H.R. 4340
  • Bill: PFAS Exposure Assessment and Documentation Act
  • Sponsors:Rep. Elissa Slotkin
  • Introduced:7/1/2021
  • Status:(7/1/21) Referred to the House Committee on Armed Services
  • Summary: A bill to require the Secretary of Defense to establish a task force to address the effects of the release of PFAs from activities of the Department of Defense, to include exposure to such substances in periodic health assessments of members of the Armed Forces, and for other purposes.; To require the Secretary of Defense to establish a task force to address the effects of the release of PFAs substances from activities of the Department of Defense, to include exposure to such substances in periodic health assessments of members of the Armed Forces, and for other purposes.
  • Notes: The senate introduced the same bill, S.2555, on 7/29/2021, which has been referred to the Senate Armed Services Committee. The sponsor for the senate bill is Senator Jeanne Shaheen.
Federal Legislature Bill: H.R. 4339
  • Bill name: PFAS Military Disclosure Act
  • Sponsors: Rep. Elissa Slotkin
  • Introduced: 7/1/2021
  • Status: (7/1/21) Referred to the House Committee on Armed Services
  • Summary: A bill to direct the Secretary of Defense to publicly disclose the results of Department of Defense PFAs substances, and for other purposes.Nature of Disclosure.— The Secretary of Defense may satisfy the disclosure requirements under subsections (a) and (b) by publishing the information, datasets, and results relating to the testing referred to in such subsection—
    1. on the publicly available website established under section 331(b) of the National Defense Authorization Act of 2020 (Public Law 116-92);
    2. on another publicly available website of the Department of Defense; or
    3. in the Federal Register.
  • Notes: The senate introduced the same bill, S.2518, on 7/28/2021, which has been referred to the Senate Armed Services Committee. The sponsor for the senate bill is Senator Jacky Rosen.
Federal Legislature Bill: H.R. 4381
  • Bill name: To direct the Administrator of the Environmental Protection Agency to issue guidance on minimizing the use of firefighting foam containing PFAS, and for other purposes.
  • Sponsors: Rep. Lizzie Fletcher
  • Introduced: 7/9/2021
  • Status: (7/9/21) Referred to the House Committee on Energy and Commerce.
  • Summary: Not later than one year after the date of enactment of this Act, the Administrator of the EPA, in consultation with the head of the U.S. Fire Administration, Federal Aviation Administration, and other relevant Federal departments or agencies and representatives of State and local building and fire code enforcement jurisdictions, shall issue guidance on minimizing the use of firefighting foam and other equipment containing any PFAS by firefighters, police officers, paramedics, emergency medical technicians, and other first responders, in order to minimize the risk to such firefighters, police officers, paramedics, emergency medical technicians, and other first responders, and the environment, without jeopardizing firefighting efforts.
Federal Legislature Bill: H.R. 4463
  • Bill name: PFAS Safe Disposal Act 
  • Sponsors: Rep. Andy Levin  
  • Introduced: 7/16/2021
  • Status: (7/16/21) Referred to the House Committee on Energy and Commerce. 
  • Summary: A bill to require the Administrator of the EPA to promulgate regulations regarding disposal of materials containing PFAs substances or aqueous film forming foam, and for other purposes. Primarily related to firefighting foam disposal by incineration with certain mannerisms of disposal.
Federal Legislature Bill: H.R. 4976
  • Bill name: 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, and for other purposes.
  • Sponsors: Rep. Elissa Slotkin
  • Introduced: 8/6/2021
  • Status: (8/6/21) Referred to the Committee on Armed Services, and in addition to the Committees on Transportation and Infrastructure, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
  • Summary: *Bill text not provided at this time*
Federal Legislature Bill: H.R. 2406
  • Bill name: Protect Drinking Water from PFAS Act of 2021
  • Sponsors: Sen. Kirsten Gillibrand 
  • Introduced: 7/21/2021
  • Status: (7/21/21) Read twice and referred to the Committee on Environment and Public Work
  • Summary: To amend the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency to set maximum contaminant levels for certain chemicals, and for other purposes. Not later than 2 years after the date of enactment of the Protect Drinking Water from PFAS Act of 2021, the Administrator shall publish a maximum contaminant level and promulgate a national primary drinking water regulation for perfluoroalkyl and polyfluoroalkyl substances.
State
Bill: SB591 (MI)
  • Bill Name: Food: other; use of PFAS, bisphenols, and phthalates in food packaging; prohibit.  
  • Sponsors: Jeff Irwin
  • Introduced: 7/15/2021
  • Status: (7/15/2021) Referred to Committee on Environmental Quality 
  • Summary: Beginning January 1, 2023, a person shall not knowingly manufacture, sell, offer for sale, distribute for sale, or distribute for use in this state food packaging to which PFAS, bisphenols, or phthalates have been intentionally added in any amount greater than an incidental presence.
  • Notes:  The house had introduced this identical bill on 7/1/2021. The house bill was referred to the Committee on agriculture and sponsored by Rep. Yousef Rabhi.
Bill: AB444 (WI)
  • Bill Name: An Act to Repeal…Relating to: expanding eligibility under the Medical Assistance program; funding infrastructure, land acquisition, and building projects; providing assistance and local government grants; maintaining an opioid and methamphetamine data system; transferring moneys to the budget stabilization fund; creating a University of Wisconsin System partnership program and admissions application fees; providing an exemption from rule-making procedures; and making an appropriation. (FE)
  • Sponsors:  Riemer 
  • Introduced: 7/12/2021
  • Status: (8/5/21) Fiscal Estimate Received 
  • Summary: The bill creates a municipal grant program, administered by the Department of Natural Resources, to address PFAS, and provides $10,000,000 in general purpose revenue for this purpose. Under the program, DNR must provide grants to cities, towns, villages, counties, utility districts, lake protection districts, sewerage districts, and municipal airports. DNR may award a grant only if the applicant tested or trained with a PFAS-containing firefighting foam in accordance with applicable state and federal law, or if a third party tested or trained with PFAS-containing firefighting foam within the boundaries of the municipality; the applicant applied biosolids to land under a water pollution permit issued by DNR; or PFAS are impacting the applicant’s drinking water supply or surface water or groundwater within the municipality and the responsible party is unknown or is unwilling or unable to take the necessary response actions.

Updates on Previously Highlighted Bills

Federal
Federal Legislature Bill: H.R. 2467
  • Bill: PFAS Action Act of 2021 
  • Sponsors: Rep. Debbie Dingell 
  • Introduced: 4/13/2021
  • Status: Update: (7/22/2021) Received in the Senate and read twice and referred to the Committee on Environment and Public Works. The House passed 241-183 a bill, H.R. 2467 (117), aimed at addressing the contamination of toxic PFAS “forever chemicals” that threaten drinking water supplies in communities across the United States. Prior to passage, lawmakers adopted 226-195 a package of 10 amendments en bloc to the bill.
  • Summary: To require the Administrator of the Environmental Protection Agency to designate PFAS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.
Federal Legislature Bill: S. 231 (Federal)
  • Bill: PFAS Act  
  • Sponsors: Sen. Gary Peters (MI)
  • Introduced: 2/4/2021
  • Status: UPDATE (7/30/2021) Received in the House and held at desk. Amended SA 2125 proposed by Sen. Heinrich for Senator peters, In nature of substitute (agreed in unanimous consent). 
  • Summary: A Bill to Direct the Administrators of FEMA to develop guidance for firefighters and other emergency response personnel on best practices to protect them from exposure to PFAS and to limit and prevent the release of PFAS into the environment, and for other Purposes.
  • Notes: UPDATE Senate Amendment 2125 related to the guidance on how to prevent exposure to and release of PFAS. The amendment text related to guidance and a curriculum for firefighters on PFAS releases from firefighting foam and other tools.
Federal Legislature Bill: H.R. 2742
  • Bill: PFAS Registry Act of 2021 
  • Sponsors: Rep. Chris Pappas 
  • Introduced: 4/2/2021
  • Status: Update: (7/21/2021) Referred to the Subcommittee on Disability Assistance and Memorial Affairs. 
  • Summary: To require the Secretary of Veterans Affairs to establish and maintain a registry for certain individuals who may have been exposed to per- and polyfluoroalkyl substances due to the environmental release of aqueous film-forming foam on military installations.
State
Bill: AB652 (California)
  • Bill: An Act to Add Chapter 12.5 to Part 3 of Division 104 of the Health and Safety Code, relating to product safety.
  • Sponsors: Firedman
  • Introduced: 2/12/2021
  • Status: UPDATE (6/7/13/2021) Read a second time and amended. Ordered to a third reading.
  • Summary: This bill would, on and after July 1, 2023, prohibit a person, including a manufacturer, from selling or distributing in commerce in this state any new, not previously owned, juvenile product, as defined, that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS), as defined. The bill would require a manufacturer to use the least toxic alternative when replacing PFAS chemicals in a juvenile product.
Bill: HB271 ( New Hampshire)
  • Bill Name: Relative to standard for Per and Polyfluoroalkyl substances (PFAS) in drinking water and ambient groundwater.
  • Sponsors: Rosemarie Rung
  • Introduced: 1/9/2021
  • Status: UPDATE: (7/23/2021) Enrolled bill amended #2021-2068. Amended the language of the bill to be focused on federal PFAS standards rather than state level standards.
  • Summary: AN ACT relative to standards for PFAS in drinking water and ambient groundwater. This bill directs the department of environmental services to set maximum contaminant limits for PFAS.
     
    II. A device that emits to the air any [PFCs] PFAS or precursors that have caused or contributed to an exceedance of an ambient groundwater quality standard or surface water quality standard as a result of the deposition of any such [PFCs] PFAS or precursors from the air, shall be subject to the determination and application of best available control technology. Within 6 months of the department determining that the device is subject to such control technology, the owner of the device shall submit to the department an application for a permit. Within 12 months of permit issuance, the applicant shall complete construction and installation of controls consistent with the permit. Operation of the source may continue through the permitting, construction, and installation time period. A source which can demonstrate to the department that its device no longer contributes to an exceedance of an ambient groundwater quality standard or surface water quality standard shall be exempt from this section.
     
    III. The construction, installation, or modification of any device that has the potential, based on an applicability threshold adopted by the department, to cause or contribute to an exceedance of an ambient groundwater quality standard or surface water quality standard as a result of the deposition of any [PFCs] PFAS or precursors from the air, shall be prohibited without first applying for and obtaining a permit from the department that establishes emission limitations for such device based on best available control technology.
     
    IV. Part of the initial application for a permit under this section shall include an analysis of best available control technology for controlling emissions. Any permit issued shall contain inspection, testing, and reporting requirements, as applicable, to ensure the conditions of the permit are met.
Bill: SB2500 (Florida)
  • Bill Name: Fund Appropriations
  • Sponsors: Appropriations 
  • Introduced: 4/1/2021
  • Status: UPDATE (6/2/2021) Funds approved by the Governor on 6/2/2021
  • Summary:PFA’s Contamination material Treatment pilot received $1,000,000 from the waste management trust.

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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