August 2021 PFAS Legislative Developments

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

Current Trends in Legislation – August 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: SB146 (NH)
  • Bill Name: Adopting Omnibus Legislation Relative to the Environment
  • Sponsors: David Watters  
  • Introduced: 2/9/2021
  • Status: (8/16/2021) Signed by the Governor on 8/10/2021; Chapter 0208.
  • Summary: 208:1 Extending the Deadline for PFAS Firefighting Foam Take-Back Program. Amend RSA 154:8-b, VIII to read as follows:

    VIII. The department shall survey municipalities throughout the state on the quantitative stock of legacy foams and determine the cost of instituting a take-back program for the purpose of safe and contained disposal. The development and processing of the survey shall be subject to rules adopted by the commissioner of the department of environmental services pursuant to RSA 541-A. On or before December 1, 2020, the department shall submit a report of its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library. Beginning on July 1, [2021] 2023, the department shall institute a take-back program of legacy foams for the purpose of safe and contained disposal.

    208:2 Effective Date. Part II of this act shall take effect upon its passage.

Highlighted Bills – PFAS Legislation

Federal (July 2021 only)
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: 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: (8/24/21) Additional Fiscal Amendments 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 (July 2021 only)
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 (9/2/2021) On 9/1/21, the bill was read for third time and ordered to Assembly (38 Ayes, 0 Noes). The senate amendments were concurred in at assembly – to engrossing and enrolling (60 Ayes, 2 Noes.
  • 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.

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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