June 2022 PFAS Legislative Developments

June Legislation Tracking (June 1, 2022 – June 30, 2022)

Current Trends in Legislation – June 2022

PFAS Monitoring and PFAS Task Force

  • Federal Level
  • Key point addressed: Provide appropriations for Clean water standards and PFAS testing. 

Firefighting Foam

  • States Involved: RI, MA
  • Key point addressed: Provide grants for PFAS testing as well as banning use of PFAS related to firefighting foam

Packaging Materials

  • States Involved: MA
  • Key point addressed: Provide extended responsibility on manufactures using PFAS in packaging materials

New Bills This Period

PFAS Legislation

Federal

  • One Federal bill introduced in June mentioning PFAS
      • H.R. 8239

    State

    • Six State bills introduced in June mentioning PFAS
      • MA – 4
      • RI – 1
      • NJ – 1

Signed into Law

State & Federal
H 7233 (RI)

  • Bill Name: An act relating to water and navigation – PFAS in drinking water, groundwater, and surface waters 
  • Sponsors: Rep. June Speakman
  • Introduced: 1/28/2022
  • Status: (6/27/2022) Signed by Governor
  • Summary: Provides for the department of health to take action to establish maximum contaminant levels for per- and polyfluoroalkyl substances (PFAS) in drinking water and set interim standards.)
  • S 2298 (RI)

  • Bill Name: An act relating to waters and navigation – PFAS in drinking water, groundwater, and surface waters 
  • Sponsors: Sen. Walter Felag
  • Introduced: 2/15/2022
  • Status: (6/27/2022) Signed by Governor
  • Summary:Authorizes DOH to establish maximum contaminate levels of PFSA in drinking water and to set interim standards. Also requires DEM to set standards for PFSA in ground- and surface waters. Defines PFSA as hazardous substances.
  • Highlighted Bills – PFAS Legislation

    Federal
    Federal Legislature Bill: H.R. 8239
      • Bill Name: Agriculture, Rural Development, Food and Drug Administration, and related Agencies Appropriations Act, 2023 
    • Sponsors: Rep. Sanford Bishop (D) (GA)
    • Introduced: 6/27/2022
    • Status: (6/27/22) Placed on Union Calendar, Calendar No. 300
    • Summary: SEC. 763.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 contaminations.
    State
    State Bill: H 8376 (RI)
    • Bill Name: House resolution creating a special legislative commission to study and provide recommendations on the issue of PFAS in firefighter gear 
    • Sponsors: Rep. June Speakman
    • Introduced: 6/24/2022
    • Status: (6/24/2022) House read and passed
    • Summary: An act for researching the development of alternatives to this gear; Recommending a timeline for replacing gear statewide; and Recommending a potential strategy for funding the replacement gear from state or federal funds.
    State Bill: HB 4820 (MA)
    • Bill Name: An act to ban the use of PFAS in food packaging 
    • Sponsors: Joint Committee on Public Health
    • Introduced: 6/2/2022
    • Status: (6/2/2022) Reported from the committee on Public Health
    • Summary: No person or entity shall manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in the commonwealth food packaging to which perfluoroalkyl and polyfluoroalkyl substances have been intentionally added in any amount. If passed, will take effect on January 1, 2023.
    State Bill: HB 4818 (MA)
    • Bill Name: An act restricting toxic PFAS chemicals in consumer products to protect our health 
    • Sponsors: Joint Committee on Public Health
    • Introduced: 6/2/2022
    • Status: (6/2/2022) Reported from the committee on Public Health
    • Summary: Effective January 1, 2023, no person shall offer for sale, sell, or distribute in the commonwealth any of the following products to which PFAS substances have been intentionally added or, if not intentionally added, in which PFAS substances are present and measurable by testing for total fluorine at a level greater than 1 part per million: (1) child passenger restraints; (2) cookware; (3) fabric treatments; (4) personal care products; (5) rugs and carpets; and (6) upholstered furniture (7) children’s products.
    • Notes: House filed same bill under HB 4851
    State Bill: SB 2923 (MA)
    • Bill Name: An act to save recycling costs in the commonwealth 
    • Sponsors: Joint Committee on Environment, Natural Resources and Agriculture
    • Introduced: 6/16/2022
    • Status: (6/16/2022) Joint Committee on Environment, Natural Resources and Agriculture
    • Summary: PFAS related language – To minimize the extraction, manufacture, use, and end-of-life-management impacts of covered materials, the schedule of adjustments must be structured to incent reduced use of toxic substances (PFAS included) in covered materials, which raise the lifecycle environmental and societal costs of packaging.
    State Bill: SB 2951 (MA)
    • Bill Name: An act financing the general government infrastructure of the Commonwealth 
    • Sponsors: Senate Committee of Ways and Means
    • Introduced: 6/16/2022
    • Status: (6/16/2022) Text of S2926, printed as amended
    • Summary: Provides appropriation funds for multiple towns in Massachusetts to assist with PFAS water treatment systems.
    State Bill: A 4125 (NJ)
    • Bill Name: Prohibits sale, manufacture, distribution, and use of firefighting foam containing intentionally added perfluoroalkyl and polyfluoroalkyl substances 
    • Sponsors: Assemb. Shama Haider
    • Introduced: 6/2/2022
    • Status: (6/2/2022) Introduced, referred to assembly Environment and Solid Waste Committee
    • Summary:Beginning two years after the effective date of this act, no person shall use, or shall sell, offer for sale, manufacture, or distribute for sale or use in the State any class B firefighting foam containing intentionally added PFAS.

    Updates on Previously Highlighted Bills

    Federal
    State
    State Bill: S 2044 (RI)
    • Bill: An act relating to Health and Safety – Toxic Packaging Reduction Act
    • Sponsors: Sen. James Seveney
    • Introduced: 1/25/2022
    • Status: (6/28/2022) Transmitted to Governor.
    • Summary: Prohibits the sale or promotional distribution of any food package in Rhode Island which contains perfluoroalkyl and polyfluoroalkyl substances (PFAS), effective January 1, 2024.)
    State Bill: H 1095 (NC)
      • Bill:

    PFAS Pollution and Polluter Liability>

    • Sponsors: Davis
    • Introduced: 5/26/2022
    • Status: (6/8/2022) Re-ref to the Com on Environment, if favorable, Judiciary 1, if favorable, Rules, Calendar, and Operations of the House
    • Summary: An act to protect the citizens of North Carolina from drinking water contaminated by Genx and other PFAS compounds.
    State Bill: H 7428 (RI)
    • Bill: An act relating to health and safety – toxic packaging reduction act
    • Sponsors: Rep. Terri Cortvriend
    • Introduced: 2/11/2022
    • Status: (6/24/2022) Transmitted to Governor
    • Summary: Prohibits the sale or promotional distribution of any food package containing perfluoroalkyl and polyfluoroalkyl substances (PFAS), effective January 1, 2024. Provisions of § 23-18.13-3(g)(3) sunset on July 1, 2027.
    State Bill: HB 1440 (NH)
    • Bill: Relative to surface water quality standards for perfluorinated chemicals
    • Sponsors: Rep. Robert Cushing
    • Introduced: 12/1/2021
    • Status: ((6/6/2022) Interim Study Full Committee Work Session: 6/22/2022
    • Summary: AN ACT relative to surface water quality standards for perfluorinated chemicals.

    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.

    Speak to Your PFAS Legislative Experts


      X