November 2023 PFAS Legislative Developments

November Legislation Tracking (November 1 – November 30)

Current Trends in Legislation – November 2023

Federal Legislature

  • No new bills were introduced in November.

Federal Regulations

  • 88 FR 80717. On 11/20/23, the EPA gave notice in the federal register to support further development of multiple funding programs for water infrastructure. The EPA invites public comment to inform the domestic availability of multiple products used in the construction, alteration, and/or maintenance of water infrastructure. PFAS treatment systems are a subject to be included in the comments.
  • 88 FR 83125. On 11/28/2023, the EPA gave notice that it is planning to submit an information collection request (ICR), referred to as, ‘‘U.S. Environmental Protection Agency Textile Mills Industry Data Collection.’’ Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection. The EPA has determined that PFAS have been and continue to be used by textile and carpet manufacturers. The EPA’s review of PFAS use and discharge by the textile mills point source category is largely based on publicly available information and literature. Based on a small number of sample results, EPA determined that PFAS are present in wastewater discharges from some textile mills to POTWs. Most textile mills are neither monitoring for PFAS, nor required to do so. Therefore, the EPA expects that textile mills may be discharging PFAS to POTWs or surface waters even when the textile mill no longer uses PFAS in their process. A questionnaire for the textile mills industry is necessary for the EPA to determine if the current regulations remain appropriate and, if warranted, to develop and propose new regulations.

State Legislature

  • No bills were introduced.

State Regulations

  • On 11/21/2023, In Rhode Island (RI), the Department of Health proposed a rule regarding public drinking water (216-RICR-50-05-1). This stipulates various new protocol for monitoring PFAS levels and addressing detected contamination. Among the requirements, newly constructed or reconstructed wells shall perform procedures and testing which include screening for PFAS levels. Notification must be made if the total PFAS results exceed 20 ppt.

New Bills This Period

PFAS Legislation


  • No bills introduced.


      • No bills introduced.
      • Amendments made to two existing bills.

      Signed into Law

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

      Highlighted Bills – PFAS Legislation

      State Bill: SB 312 (WI)
      • Bill Name: An Act relating to programs and requirements to address perfluoroalkyl and polyfluoroalkyl substances 
      • Sponsors: Wimberger
      • Introduced: 5/12/2023
      • Status: Received from Senate
      • Summary: On 11/14/2023, various amendments were introduced. This bill creates several new programs and requirements relating to PFAS. The amendments further stipulate the process for ranking projects in a priority list. The amendments also allow, in the case of emergency contamination, a utility to address the issue without prior commission authorization.

      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.

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