July 2022 PFAS Legislative Developments

July Legislation Tracking (July 1, 2022 – July 31, 2022)

Current Trends in Legislation – July 2022

PFAS Monitoring and Fund Appropriations

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

Fund Appropriations

  • States involved: MA
  • Key point addressed: Provide funding for remediation and testing of PFAs in multiple towns located in Massachusetts

Packaging Materials

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

New Bills This Period

PFAS Legislation

Federal

  • Two Federal bills introduced in July mentioning PFAS
      • S. 4543
      • H.R. 8294

    State

    • Four State bills introduced in July mentioning PFAS
      • MA – 2
      • NY – 2

Signed into Law

State & Federal
There were no bill related to PFAs passed in the month of July.

Highlighted Bills – PFAS Legislation

Federal
Federal Legislature Bill: S. 4543
    • Bill Name: James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 
  • Sponsors: Senator Jack Reed (D) (RI)/li>
  • Introduced: 7/18/2022
  • Status: (7/13/2022) Senate Armed Services Chair Jack Reed (D-R.I.) recently predicted the bill will see action when the Senate returns in September from its August recess. The House passed its version of the NDAA July 14 by a vote of 329-101.
  • Summary: Senate would authorize $5,200 for the removal of PFAs contaminated soil at Air Force Joint Base Elmendorf-Richardson
Federal Legislature Bill: H.R. 8294
    • Bill Name: Transportation, Housing and Urban Development, Agriculture, Rural Development, Energy and Water Development, Financial Services and General Government, Interior, Environment, Military Construction, and Veterans Affairs Appropriations Act, 2023 
  • Sponsors: Rep. David Price (D) (NC)
  • Introduced: 7/5/2022
  • Status: (7/26/2022) Received in the Senate and Read twice and referred to the Committee on Appropriations
  • Summary: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.
State
State Bill: H 5065 (MA)
  • Bill Name: An act financing the general governmental infrastructure of the Commonwealth 
  • Sponsors: Governmental Infrastructure
  • Introduced: 7/21/2022
  • Status: (7/26/2022) Laid before the Governor
  • Summary: (1) Not less than $500,000 shall be expended in equal amounts to the towns of Easton and West Bridgewater for the treatment of per- and polyfluoroalkyl substances, or PFAS, in the towns’ water systems. (2) Not less than $500,000 shall be expended for the design, construction, programming and configuration of the Mill Pond water treatment plant per-and polyfluoroalkyl substances, or PFAS, filter addition to remediate PFAS contamination in the public water supply in the town of Burlington. (3) no less than $200,000 shall be expended for the execution of a pilot study to implement PFAS remediation through the water supply district of the town of Acton.
  • NoteSimilar bill introduced by in State Senate (SB 3030)
State Bill: HB 5050 (MA)
  • Bill Name: An Act making appropriations for the fiscal year 2023 for the maintenance of the departments, boards, commissions, institutions, and certain activities of the Commonwealth, for interest, sinking fund and serial bond requirements, and for certain permanent improvements 
  • Sponsors: General Appropriations FY23
  • Introduced: 7/18/2022
  • Status: (6/2/2022) Item 8900-0001 passed over veto -see Roll Call #248 (Yeas 39 to Nays 0)
  • Summary: No less than $100,000 shall be expended for identification of the number of households that receive drinking water from a private well and may require testing for polyfluoroalkyl substances, PFAS, and to cover the costs of testing and remediation on properties that would otherwise not qualify for funding under existing PFAS programs in the town of Princeton.
State Bill: A 10620 (NY)
  • Bill Name: Prohibits the sale of products that contain intentionally added PFAS; and provides penalties for violations 
  • Sponsors: Assemb. Kenneth Zebrowski
  • Introduced: 7/6/2022
  • Status: (7/6/2022) Referred to Environmental Conservation
  • Summary: Commencing on January 1, 2024, no person shall distribute, sell, or offer for sale in the state any covered product that contains regulated perfluoroalkyl and polyfluoroalkyl substances. “Covered product” means textile articles, rugs, fabric treatments, cookware, ski waxes, architectural paints, or cleaning products, or a component thereof.
State Bill: A 9493 (NY)
  • Bill Name: Establishes an extended producer responsibility program for packaging 
  • Sponsors: Sen. Rachel May
  • Introduced: 7/5/2022
  • Status: (7/5/2022) Referred to Rules
  • Summary: To establish a packaging producer responsibility program by which producers, participating individually or collectively, shall be required to make changes to their product design to reduce packaging consumption and increase waste reduction, shall be required to pay fees based on the amount, by weight and type, of packaging material sold, offered for sale, or distributed for sale in the state and shall be responsible for packaging waste disposal. The list of chemicals and compounds includes PFAs.

Updates on Previously Highlighted Bills

Federal
Federal Bill: S 4348
  • Bill: FDASLA Act of 2022
  • Sponsors:Sen. Patty Murray (WA)
  • Introduced: 5/26/2022
  • Status: SEC 308 – IN GENERAL.— The Secretary of Health and Human Services (referred to in this section as the “Secretary”) shall assess the use of perfluoroalkyl and polyfluoroalkyl substances in cosmetic products and the scientific evidence regarding the safety of such use in cosmetic products, including any risks associated with such use. In conducting such assessment, the Secretary may, as appropriate, consult with the National Center for Toxicological Research. SEC. 912. Prohibition Against Food Packaging Containing Intentionally Added Pfas.
    (a) IN GENERAL.— Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331), as amended by section 824(a), is further amended by adding at the end the following: (1) The introduction or delivery for introduction into interstate commerce of food packaging containing intentionally added PFAS.
Federal Bill: H.R. 7289
  • Bill: Federal PFAS Research Evaluation Act
  • Sponsors:Rep. Lizzie Fletcher (D) (TX) (WA)
  • Introduced:3/30/2022
  • Status: To provide for the National Academies to study and report on a Federal research agenda to advance the understanding of PFAS, and for other purposes.
State
State Bill: HB 4818 (MA)
    • Bill:An act restricting toxic PFAS chemicals in consumer products to protect our health
    • Sponsors: Joint Committee on Public Health
    • Introduced: 6/2/2022
    • Status: (7/12/2022) Committee recommended bill ought to pass and referred to the committee on House Ways and Means
    • 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; (6) upholstered furniture; and (7) children’s products
State Bill: HB 4807 (MA)
  • Bill:An act financing the general governmental infrastructure of the Commonwealth
  • Sponsors: House Committee on Ways and Means
  • Introduced: 5/19/2022
  • Status: (7/21/2022) Reported by H5065
  • Summary: No less than $200,000 shall be expended for the execution of a pilot study to implement PFAS remediation through the water supply district of the town of Acton.

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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