September 2023 PFAS Legislative Developments

September Legislation Tracking (September 1 – September 30)

Current Trends in Legislation – September 2023

Federal Legislature

  • One Federal bill introduced in September, designed to begin replacing PFAS in materials used in airports.
  • The Department of Defense announced an interim rule effective 10/1/2023 that prohibits the procurement by the DoD of AFFF with impermissible levels of PFAS unless exemption is made. 88 FR 67603

Federal Regulations

  • On 9/28/2023, the EPA finalized the Toxic Substances Control Act Reporting and Recordkeeping Requirements for PFAS. This requires persons that manufacture (including import) or have manufactured PFAS since January 1, 2011 to submit information to EPA regarding PFAS uses, production volumes, byproducts, disposal, exposures, and existing information on environmental or health effects.

State Legislature

  • Two bills were introduced in Virginia’s legislature, identical in substance. One was introduced in the House and one in the Senate.

New Bills This Period

PFAS Legislation


  • One Bill Introduced


    • Two bills introduced in Virginia (VA).

    Signed into Law

    There were no State or Federal bills passed into law related to PFAS in September 2023

    Highlighted Bills – PFAS Legislation

    Federal Bill: HR 5356
    • Bill Name: Pollution-Free Aviation Sites Act or “PFAS Act”
    • Sponsors: Rep. Salud Carbajal
    • Introduced: 9/8/2023
    • Status: Referred to the Subcommittee on Aviation.
    • Summary: The bill will require the Secretary of Transportation to establish a PFAS replacement program at certain airports, working in conjunction with the EPA.
    State Bill: SB 6001 (VA)
    • Bill Name: Acts of Assembly of 2023  
    • Sponsors: Janet D. Howell
    • Introduced: 9/2/2023
    • Status: (9/6/2023) Referred to Committee on Appropriations
    • Summary: This is a proposed amendment to appropriate funds for groundwater surveillance of PFAS contamination .
    State Bill: HB 6001 (VA)
    • Bill Name: Acts of Assembly 2023.  
    • Sponsors: Barry D. Wright
    • Introduced: 9/2/2023
    • Status: (9/14/2023) Incorporated into the Acts of Assembly of 2023 text
    • Summary: This is a proposed amendment to appropriate funds for groundwater surveillance of PFAS contamination. This is identical in substance to SB 6001

    Updates on Previously Highlighted Bills


    None at this time

    John Gardella


    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