September 2021 PFAS Legislative Developments

September Legislation Tracking (September 1, 2021 – September 30, 2021)

Current Trends in Legislation – September 2021

PFAS Monitoring and PFAS Task Force

  • Federal Level
  • Key point addressed: Reporting and testing related to Military PFAs exposure.

Firefighting Foam

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

New Bills This Period

PFAS Legislation

Federal

  • Three Federal bills introduced in September mentioning PFAS
    • S. 2792
    • H.R. 5277
    • H.R. 5376
  • One House Amended filed in September
    • H. Amdt. to H.R. 4350

Signed into Law

State
Bill: HB271 (NH)
  • 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: (9/7/2021) Signed by Governor Sununu. Effective on 8/24/21.
  • 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.
Bill: AB 444 (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.
Bill: HB4502 (MA)
  • Bill Name: An Act making appropriations for fiscal year 2020 to provide for supplementing certain existing appropriations and for certain other activities and projects
  • Sponsors: House Committee of Ways and Means
  • Introduced: 2/26/2020
  • Status: (7/29/21) Signed by the Governor, Chapter 29 of the Acts of 2021
  • Summary: 2250-2002.. For the testing of potential Per- and Polyfluoroalkyl Substances (PFAS) contamination of water supplies and for grants to support treatment and design of affected drinking water systems; provided, that nothing in this item shall preclude PFAS-impacted communities from seeking reimbursement for costs and expenses already incurred for testing potentially contaminated water supplies and the treatment and design of affected drinking water systems related to PFAS contamination ($4,200,000)

Highlighted Bills – PFAS Legislation

Federal
Federal Legislature Bill: H.R. 5376
  • Bill Name: To Provide for Reconciliation pursuant to title II of S. Con. Res. 14 
  • Sponsors: Rep. John Yarmuth (Democratic) KY-03
  • Introduced: 9/27/2021
  • Status: (9/27/21) Placed on Union Calendar, Calendar No. 94. House Committee on Budget reported an original measure, H. Rept. 117-130 by Yarmuth.
  • Summary: This is a Budget reconciliation bill (Democrats’ social spending package). The House Budget Committee released a draft test in advance of the panel’s September 25th markup od Democrats $2.5 trillion social spending package.

    PFAS Mention: SEC. 90005. FEDERAL EMERGENCY MANAGEMENT AGENCY ASSISTANCE TO FIREFIGHTERS GRANTS.

    In addition to amounts otherwise available, there is appropriated to the Federal Emergency Management Agency for Fiscal Year 2022, out of any money in the Treasury not otherwise appropriated, to remain available until September 30, 2026, $798,000,000, for Assistance to Firefighters Grants pursuant to the Federal Fire Prevention and Control Act of 1974: Provided, That $718,000,000 of such amount shall be available for Assistance to Firefighters Grants for fire and EMS department facility construction, upgrades, and modifications, and for related administrative expenses: Provided further, That $80,000,000 of such amount shall be available for Assistance to Firefighters Grants for PFAS-free personal protective equipment and PFAS-free firefighting foam, and for related administrative expenses.

Federal Legislature Bill: H.R. 4340
  • Bill name: National Defense Authorization Act for Fiscal Year 2022
  • Sponsors: Sen. Jack Reed (Democrat – RI)
  • Introduced: 9/22/2021
  • Status:  (9/22/2021) Introduced in Senate. Placed on Senate Legislative Calendar under General Orders. Calendar No. 129. Committee on Armed Services original measure reported to Senate by Senator Reed (with written report No. 117-29.
  • Summary: The bill would authorize $750 billion for the Pentagon in fiscal 2022 after senators overwhelmingly approved a $25 billion increase to President Joe Biden’s defense proposal.

    PFAS Mention:
    “SEC. 2714. Perfluoroalkyl substances and polyfluoroalkyl substances task force.”

    (a) In General.— The Secretary of Defense shall establish a task force to address the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department of Defense (in this section referred to as the ‘PFAS Task Force’).
    (b) Membership.— The members of the PFAS Task Force are the following: (1) The Assistant Secretary of Defense for Energy, Installations, and Environment. (2) The Assistant Secretary of the Army for Installations, Energy, and Environment. (3) The Assistant Secretary of the Navy for Energy, Installations, and Environment. (4) The Assistant Secretary of the Air Force for Installations, Environment, and Energy. (5) The Assistant Secretary of Defense for Health Affairs.
    (c) Chairman.— The Assistant Secretary of Defense for Energy, Installations, and Environment shall be the chairman of the PFAS Task Force.
    (d) Support.— The Under Secretary of Defense for Personnel and Readiness and such other individuals as the Secretary of Defense considers appropriate shall support the activities of the PFAS Task Force.
    (e) Duties.— The duties of the PFAS Task Force are the following: (1) Monitor the health aspects of exposure to perfluoroalkyl substances and polyfluoroalkyl substances, as found by the Secretary of Health and Human Services. (2) Finding and funding the procurement of an effective substitute firefighting foam without perfluoroalkyl substances or polyfluoroalkyl substances. (3) Coordination within the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances. (4) Assessment of the perceptions by Congress and the public of the efforts of the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department.
    (f) Report.— Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, and quarterly thereafter, the Chairman of the PFAS Task Force shall submit to Congress a report on the activities of the task force.

  • 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.
  • House Amendments: (Introduced 9/22/21 by Rep. Elissa Slotkin of MI) An amendment numbered 15 printed in Part C of House Report 117-125 to direct the Secretary of Defense to provide DOD medical providers with mandatory training with respect to the potential health effects of PFAS and add additional language to address PFAS contamination.
Federal Legislature Bill: H.R. 5277
  • Bill name: Climate Security Jobs Act
  • Sponsors: Re. Joe Neguse (Democrat – CO-02) 
  • Introduced: 9/17/2021
  • Status: (9/17/2021) Introduced in House. Referred to the House Committee on Armed Services
  • Summary: Bill will provide relief of limitation on military personnel addressing environmental risks, and forth other purposes.

    PFAS Mention: 
    SEC. 2. EXCEPTION TO LIMITATIONS ON PERSONNEL.

    For fiscal year 2022 and fiscal years thereafter, the baseline personnel limitations in sections of United States Code (mentioned in bill text), shall not apply to personnel deemed by the Secretary of Defense or the Secretary of the Military Department concerned as necessary to accommodate increases in workload or modify the type of personnel required to accomplish work to develop, administer, or oversee plans, programs or activities related to one or more of the following:

    (3) Monitoring, addressing, and remedying per- and polyfluoroalkyl (PFAS) contamination that impacts military installations and operations.

Updates on Previously Highlighted Bills

State
Bill: AB652 (CA)
  • 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: (9/10/21) Enrolled and presented to the Governor.
  • 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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