October 2022 PFAS Legislative Developments
October Legislation Tracking (Oct 1, 2022 – Oct 31, 2022)
Current Trends in Legislation – Ocotber 2022
Grants for PFAS Agricultural Contamination
- Federal Level
- Key point addressed: Authorize the Secretary of Agriculture to provide grants to States to address contamination by perfluoroalkyl and polyfluoroalkyl substances on farms.
DEP Disclosures and Assessment Development
- States Involved: NJ
- Key point addressed: Addressing multiple requirements for studying and assessing multiple PFAs concerns throughout that state.
- All 10 NJ bills filed in October were related to drinking water and DEP disclosures.
New Bills This Period
- Two Federal bills introduced in October mentioning PFAS
- S. 5070
- Eleven State bill and one amendment introduced in October mentioning PFAS
- NJ – 10
- PA – 1
Signed into Law
State & Federal
Highlighted Bills – PFAS Legislation
Federal Legislature Bill: HR 9186
- Bill Name: Relief for Farmers Hit with PFAS Act.
- Sponsors: Rep. Chellie Pingree (D) (ME-01)/li>
- Introduced: 10/14/2022
- Status: (10/14/2022) Introduced and Referred to the House Committee on Agriculture.
- Summary: The Secretary shall establish a program under which the Secretary shall provide grants to States for the purposes described in section 4.(b) ELIGIBILITY.— To be eligible to receive a grant under the program, a State shall contain—
(1) agricultural land that contains any soil with levels above 0.3 parts per billion of PFAS; or
(2) water used for the production of farm products that is above the less stringent of—
(A) the most recent advisory level for PFAS established by the Administrator of the Environmental Protection Agency pursuant to section 1412(b)(1)(F) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)(1)(F)); and
(B) the most recent advisory level for PFAS established by that State, if applicable.
- Notes: Senate also introduced the same bill concurrently under S. 5070
State Bill: A 4758 (NJ)
- Bill Name: “Protecting Against Forever Chemicals Act
- Sponsors: Assmeb. Shama Haider
- Introduced: 10/11/2022
- Status:(10/11/2022 )Introduced, referred to Assembly Environment and Solid Wast Committee.
- Summary: Bill establishes requirements, prohibitions, and programs for regulation of perfluoroalkyl and polyfluoroalkyl substances (PFAS). Beginning one year after the effective date of this act, a manufacturer of a product for sale in the State that contains intentionally added PFAS shall submit to the department a written notification.
State Bill: A 4761 (NJ)
- Bill Name: Requires DEP to perform certain assessments concerning regulation of perfluoroalkyl and polyfluoroalkyl substances.
- Sponsors: Lisa Bowen
- Introduced: 10/11/2022
- Status: (10/11/2022) Introduced, referred to Assembly Environment and Solid Waste Committee
- Summary:the bill would require the DEP to conduct an annual assessment of PFASs that are unregulated at the time of the assessment, in order to determine whether a maximum contaminant level or other drinking water standard should be established for additional PFASs. The bill would also require the DEP to conduct an assessment of whether current and proposed maximum contaminant levels for PFASs adequately protect the health of children, given their lower average body weight, as compared to a maximum contaminant level based on the average adult body weight. The bill would require the DEP to provide a written report containing the findings of each assessment to the Governor and the Legislature, and to post the report on its website.
State Bill: SB 1351 (PA)
- Bill Name: An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in food protection,
- Sponsors: YAW
- Introduced: 10/3/2022
- Status: N/A
- Summary:PFAS chemicals packaging.–Beginning January 1, 2024, no person shall manufacture, distribute, sell or offer for sale in this Commonwealth food packaging containing PFAS chemicals present in any amount.
Updates on Previously Highlighted Bills
Federal Bill: S. 3662
- Bill: Preventing PFAS Runoff at Airport Act.
- Sponsors:Sen, Gary Peters (D) – MI
- Introduced: 2/16/2022
- Status: (10/11/2022) Message on House action received in Senate and at desk. House Amendment to Senate bill.
- Summary: No later than 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall conduct an outreach for Airport Improvement Program funding under the authority previously established in US Code 47109 (g) of Title 49.It also outlined that no later than 18months after the date of enactment, the Administrator of the Federal Aviation Administration shall provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that reviews (1) potential options for Congress to reimburse airports… (2) information relevant to estimating the potential costs of providing such reimbursement (3) the status of the Federal Aviation Administration outreach efforts.. (4) Any additional information the Administrator of the Federal Aviation Administration considers appropriate.
State Bill: HB 1589 (NH)
- Bill: Prohibiting the sale of products containing intentionally-added PFAS.
- Sponsors:Chuck Grassie
- Introduced: 12/21/2021
- Status: (10/28/2022) Interim Study Report: Not Recommended for Future Legislation (Vote 17-0)
- Summary: New section to be added to amend RSA 485 by inserting the following section after section 17-a:
Per and Polyfluoroalkyl Substance Levels in Drinking Water in Schools and Licensed Child Care Facilities.
I. Upon the effective date of this section, and within every 5-year period thereafter, public and private schools and licensed child care facilities that have not sampled in the prior 2 years shall test for the presence of per and polyfluoroalkyl substances (PFAS) in drinking water at all locations at the facility that is available for consumption by children. Such testing shall be in accordance with guidance from the department. (more details on remediation and notification provided in bill)
II. Any time the applicable state standard for PFAS in drinking water is changed, public and private schools and licensed child care facilities shall, within 30 days, compare the results of their most recent testing with such new standard and, in the event any such results exceed the new standard, proceed with the requirements of paragraph I relative to notice, remediation, and interim measures.
State Bill: HB 1440 (NH)
- Bill: Relative to surface water quality standard for perfluorinated chemicals. .
- Sponsors:Robert Renny Cushing
- Introduced: 12/1/2021
- Status: (9/29/22) Executive Session: 10/19/2022 10:00 am LOB 305-307
- Summary: Amend RSA 485-A:8 by inserting after paragraph II-a the following new paragraphs:II-b. The department shall, no later than January 1, 2023, initiate rulemaking under RSA 541-A to adopt surface water quality standards for the following: Perfluorooctanoic acid (PFOA), 12 parts per trillion; Perfluoroctanesulfonic acid (PFOS), 15 parts per trillion; Perfluorohexanesulfonic acid (PFHxS), 18 parts per trillion; Perfluorononanoic acid (PFNA), 11 parts per trillion. Surface water standards shall be no less stringent than the maximum contaminant levels established for such chemicals for drinking water.
II-c. The department shall, no later than September 1, 2022, initiate rulemaking under RSA 541-A to adopt surface water quality standards for perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorohexane sulfonic acid (PFHxS), and perfluorononanoic acid (PFNA) to ensure water concentrations will support the safety of fish and shellfish for human consumption as well as water that is safe for human consumption.
The bill also proposed that by November 2022, there will be an annual report from the commissioner of the department of environmental services to the speaker of the house of representatives, president of the senate, along with other government officials, with a recommendation regarding the adjustment of the surface water standards.
State Bill: HB 1602 (NH)
- Bill: Relative to perfluorinated chemicals in drinking water.
- Sponsors:Sen. david Watters
- Introduced: 12/21/2021
- Status: (10/27/2022) Interim Study Report: Not Recommended for Future Legislation (Vote 11-6)
- Summary: Upon the effective date of this section, and within every 5-year period thereafter, public and private schools and licensed child care facilities that have not sampled in the prior 2 years shall test for the presence of per and polyfluoroalkyl substances (PFAS) in drinking water at all locations at the facility that is available for consumption by children. Such testing shall be in accordance with guidance from the department.
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.
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 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.