December 2022 PFAS Legislative Developments
December Legislation Tracking (Dec 1, 2022 – Dec 31, 2022)
Current Trends in Legislation – December 2022
No Federal Bills Introduced in December
- Federal Level
- Key point addressed: N/A.
- States Involved: SC
- Key point addressed: Addressing contamination limits in regard to PFAS in public water.
New Bills This Period
- No Federal Bills Introduced
- Two State Bills and Six Amendments introduced in December mentioning PFAS
- SC – 2
- VA – 1 Amd.
- ME – 5 Amd.
Signed into Law
HR 2617 (Federal)
- Bill Name: Consolidated Appropriations Act, 2023
- Sponsors: Rep. Gerry Connolly (VA-11)
- Introduced: 4/16/2021
- Status:(12/29/2022 )Signed by the President. Became Public Law No: 117-328.
- Summary: Sec. 766 – There is appropriated to the Department of Agriculture, for an additional amount for “Agricultural Programs—Processing, Research, and Marketing—Office of the Secretary”, $5,000,000, which shall remain available until expended, for necessary expenses, under such terms and conditions determined by the Secretary, related to testing soil, water, or agricultural products for per- and polyfluoroalkyl substances (PFAS) at the request of an agricultural producer, assisting agricultural producers affected by PFAS contamination with costs related to mitigate the impacts to their operation that have resulted from such contamination and indemnifying agricultural producers for the value of unmarketable crops, livestock, and other agricultural products related to PFAS contamination: Provided, That the Secretary shall prioritize such assistance to agricultural producers in states and territories that have established a tolerance threshold for PFAS in a food or agricultural product:
Highlighted Bills – PFAS Legislation
State Bill: HB 3499 (SC)
- Bill Name: Water Quality
- Sponsors: Rep. J. Moore
- Introduced: 12/8/2022
- Status:(11/17/2022 )Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
- Summary: Within one hundred days of the effective date of this act, the department shall commence the regulatory process authorized in Section 44-55-30 to promulgate regulations that establish maximum contaminant levels (MCLs) for likely or known carcinogens and toxic chemicals likely to pose a substantial health hazard in public water systems.
The department shall promulgate regulations that establish statewide MCLs for the following pollutants in public water systems for PFOS, PFOA, and other PFAS compounds.
- Notes: South Carolina also files a House Joint Resolution on 12/8/22 with the same language.
Committee Amendment to SP 729 (ME)
- Introduced: 12/20/2022
- Summary:The amendment establishes the Fund To Address PFAS Contamination within the Department of Agriculture, Conservation and Forestry and the corresponding Advisory Committee on the Fund To Address PFAS Contamination to make recommendations to the department regarding administration of the fund. The bill authorizes the department to allocate funds upon recommendation of the advisory committee and for certain purposes, including but not limited to monitoring the health of a person, and members of that person’s household, whose agricultural land is found to be contaminated by perfluoroalkyl and polyfluoroalkyl substances, or PFAS; buying and selling agricultural land found to be contaminated by PFAS; conducting research; funding for educational programs; and long-term monitoring of contaminated sites and establishing a corresponding centralized data repository.
Committee Amendment to HP 1482 (ME)
- Introduced: 12/20/2022
- Summary:The amendment removes the provision requiring the transfer of $3,000,000 to assist agricultural producers in the State that have been affected by PFAS contamination, to provide support to affected farms, to support critical PFAS research and to otherwise allow for the department to strategically and effectively respond to PFAS concerns and issues.
Committee Amendment to HP 1501 (ME)
- Introduced: 12/20/2022
- Summary:This amendment changes the definition of perfluoroalkyl and polyfluoroalkyl substances or PFAS to mean substances that include any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom rather than 2 fully fluorinated carbon atoms as in the bill. Because of the change in the definition of PFAS, the amendment clarifies that beginning January 1, 2030, a person may not distribute in the State a pesticide that contains intentionally added PFAS that may not be sold or distributed under the Maine Revised Statutes, Title 38, section 1614, subsection 5, paragraph D.
Updates on Previously Highlighted Bills
Federal Bill: S 231
- Bill: PFAS Act .
- Sponsors:Sen, Gary Peters (D) – MI
- Introduced: 2/4/2021
- Status: (12/20/2022) Signed by the President. Became Public Law No: 117-248.
- Summary: A bill to direct the Administrator of the Federal Emergency Management Agency 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.; Protecting Firefighters from Adverse Substances Act.
Federal Bill: S 3662
- Bill: Preventing PFAS Runoff at Airports Act.
- Sponsors:Sen, Gary Peters (D) – MI
- Introduced: 2/16/2022
- Status: (12/20/2022) Signed by the President. Became Public Law No: 117-254.
- Summary: A bill to temporarily increase the cost share authority for aqueous film forming foam input-based testing equipment. The higher cost share authority established in this subsection shall terminate on the earlier of (A) 180 days after the date on which the eligibility of covered equipment for Airport Improvement Program funding under the authority described in paragraph (2) terminates or is discontinued by the Administrator; or (B) 5 years after the date of enactment of this subsection.
State Bill: A 7063 (NY)
- Bill: Prohibits the use of perfluoroalkyl and polyfluoroalkyl substances in apparel
- Sponsors:Patricia Fahey
- Introduced: 4/21/2021
- Status: (12/30/2022) Signed by Governor, Chapt 820. Approval Memo 100.
- Summary: § 37-0121. Prohibition against the use of perfluoroalkyl and polyfluoroalkyl substances in apparel. 1. No person shall sell or offer for sale in this state any apparel containing perfluoroalkyl and polyfluoroalkyl substances as intentionally added chemicals. 2. For the purposes of this section, the following terms shall have the following meanings: (a) “Intentionally added chemical” means a chemical in a product that serves an intended function in the product component. (b) “Apparel” means clothing items intended for regular wear or formal occasions including, but not limited to, undergarments, shirts, pants, skirts, dresses, overalls, bodysuits, vests, dancewear, suits, saris, scarves, tops, leggings, leisurewear, formal wear, onesies, bibs, and diapers. “Apparel” shall not include professional uniforms or outerwear intended for extreme conditions. This act shall take effect December 31, 2023.
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.