November 2022 PFAS Legislative Developments
November Legislation Tracking (Nov 1, 2022 – Nov 30, 2022)
Current Trends in Legislation – November 2022
No Federal Bills Introduced in November
- Federal Level
- Key point addressed: N/A.
Appropriations and Funding
- States Involved: MI, MA, VA, ME
- Key point addressed: Addressing stand funds to assist with PFAs studies, remediation, and establishing programs to assist with PFAS monitoring.
New Bills This Period
- No Federal Bills Introduced
- Three State Bills and Six Amendments introduced in November mentioning PFAS
- MI – 2
- MA – 1
- VA – 1 Amd.
- ME – 5 Amd.
Signed into Law
State & Federal
There were no bills related to PFAs passed in the month of November.
Highlighted Bills – PFAS Legislation
State Bill: HB 5374 (MA)
- Bill Name: An Act relating to economic growth and relief for the Commonwealth
- Sponsors: Economic Growth and Relief
- Introduced: 11/2/2022
- Status:(11/17/2022 )Referred back to the Committee of House Ways and Means after being signed in part by the Governor on 11/10/2022.
- Summary: Bill will provide appropriations adding to around $1 million to assist with water treatment plants and remediation efforts for over six different towns in the Commonwealth.
State Bill: HB 6536 (MI)
- Bill Name: Environmental protection: hazardous products; use of polyfluoroalkyl substances (PFAS) in consumer products; prohibit. Amends sec. 14701 of 1994 PA 451 (MCL 324.14701)
- Sponsors: Yousef Rabhi
- Introduced: 11/30/2022
- Status:(12/1/2022 ) Referred to Committee on Natural Resources and Outdoor Recreation and bill electronically reproduced.
- Summary: A person shall not knowingly manufacture, sell, offer for sale, distribute for sale in this state, or distribute for use in this state a consumer product to which PFAS has been intentionally added in any amount. This prohibition does not take effect unless both of the following occur:
(a) The department determines that a safer alternative to PFAS, as it is used in the consumer product, is available. (b) The department reports its findings in support of the determination that a safer alternative is available.
(2) To determine whether safer alternatives to PFAS are available for use in a consumer product, the department shall conduct an alternatives assessment that does all of the following: (a) Evaluates less toxic chemicals and nonchemical alternatives to replace the use of PFAS.
State Committee Amendment to HP 1482 (ME)
- Introduced: 11/7/2022
- Summary:On or before June 30, 2023, the State Controller shall transfer $15 million (which the bill previously allotted $55 million) from the unappropriated surplus of the General Fund to the Department of Agriculture, Conservation and Forestry, Office of the Commissioner program, Fund To Address PFAS Contamination.
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.
State Committee Amendment to SP 729 (ME)
- Introduced: 11/7/2022
- Summary:It 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.
It also provides one-time funding of $1 million to address PFAS contamination on agricultural land in the State.
It will also provide that allocations from the fund may be made for the following purposes: A. Providing medical care to a person found to have blood levels of PFAS greater than the general population or health effects associated with exposure to PFAS.
Updates on Previously Highlighted Bills
Federal Bill: S 231
- Bill: PFAS Act .
- Sponsors:Sen, Gary Peters (D) – MI
- Introduced: 2/4/2021
- Status: (11/29/2022)Debate held in the House. At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
- 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.
State Bill: S 3176 (NJ)
- Bill: Requires DEP and Drinking Water Quality Institute to perform study concerning regulation and treatment of perfluoroalkyl and polyfluoroalkyl substances.
- Sponsors:Linda Greenstein
- Introduced: 10/3/2022
- Status: (11/3/2022) Referred to Senate Budget and Appropriations Committee after 2nd reading from Senate Environment and Energy Committee
- Summary: The Department of Environmental Protection, in consultation with the Drinking Water Quality Institute established pursuant to section 10 of P.L.1983, c.443 (C.58:12A-20), shall conduct a study on the regulation of perfluoroalkyl and polyfluoroalkyl substances in drinking water. The study shall include an assessment of the feasibility of establishing a maximum contaminant level or other standard for the entire class, or for certain subclasses or mixtures, of perfluoroalkyl and polyfluoroalkyl substances in drinking water, rather than for each individual substance. The study shall also include an assessment of treatment technologies that may be effective in removing perfluoroalkyl and polyfluoroalkyl substances from drinking water or wastewater.
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.