January 2023 PFAS Legislative Developments

January Legislation Tracking (Jan 1, 2023 – Jan 31, 2023)

Current Trends in Legislation – January 2023


No Federal Bills Introduced in January

  • Federal Level
  • Key point addressed: N/A.

Fire-Resistant Equipment

  • States Involved: CT, MA, RI, IN, WV
  • Key point addressed: Prohibiting use of firefighting foam with PFAS contaminants.

Children Products

  • States Involved: MA, VA
  • Key point addressed: Prohibit the sale of children products that contain PFAS.

Recycling Procedures

      • States Involved: IL, NH, MA, TN
      • Key point addressed: Packaging materials of products to become more environmentally conscience, including the prohibition of PFAs in packaging.

Water Quality and Treatment

    • States Involved: ME, NY, VA, CT, MA, NJ
    • Key point addressed: Monitoring of waterworks facilities, disclosure requirements, and water treatment in relation to PFAs.

New Bills This Period

PFAS Legislation


  • No Federal Bills Introduced


    • 105 bills were introduced in January mentioning PFAS
      • CA – 3
      • CT – 4
      • HI – 4
      • IL – 3
      • IN – 5
      • ME – 5
      • MD- 2
      • MA – 25
      • MN – 10
      • NH- 12
      • NJ – 1
      • NM – 2
      • NY – 10
      • OR- 1
      • PA – 1
      • RI – 2
      • TN – 2
      • VT – 2
      • VA – 3
      • WA – 6
      • WV – 2

    Signed into Law

    No bills related to PFAs were signed into law in January 2023

    Highlighted Bills – PFAS Legislation

    State Bill: HD 1171 (MA)
    • Bill Name: An Act protecting our soil and farms from PFAS contamination  
    • Sponsors: Paul A. Schmid III
    • Introduced: 1/18/2023
    • Status:(1/18/2023) Introduced
    • Summary: An individual or entity engaged in the practice of farming shall be immune from suit and civil liability for any damages resulting from claims based on harms caused by PFAS present in soil, water, or agricultural products as a result of standard agricultural practices; There shall be established a fund to be known as the Agricultural PFAS Relief Fund, which shall be used to assist farmers in the commonwealth who have suffered losses or incurred costs from standard agricultural practices that may have resulted in the actual or suspected presence of PFAS in soil, water, or agricultural products.
    • Notes: Same language in SD311 filed.
    State Bill: HD 1412 (MA)
    • Bill Name: An Act establishing an ecologically-based mosquito management program in the Commonwealth to protect public health 
    • Sponsors: Kathleen R. LaNatra
    • Introduced: 1/18/2023
    • Status:(1/18/2023) Introduced
    • Summary: General proposal to amend mosquito management in the commonwealth and establish board to conduct research; to eliminate presence of PFAS from mosquito management, among other measures.
    • Notes: Same language in SD729 filed.
    State Bill: HD 2081 (MA)
    • Bill Name: An Act relative to toxic free kids.  
    • Sponsors: James K. Hawkins
    • Introduced: 1/18/2023
    • Status:(1/18/2023) Introduced
    • Summary: An act to investigate toxic substances that may be present in children’s products; to prohibit any manufacturer, wholesaler, or retailer from selling or distributing a product or product component containing regulated PFAS.
    State Bill: SD 1691 (MA)
    • Bill Name: An Act to reduce waste and recycling costs in the commonwealth  
    • Sponsors: Sal N. DiDomenico
    • Introduced: 1/19/2023
    • Status:(1/19/2023) Introduced
    • Summary: Generally proposal for a “Producer responsibility organization” (“organization”), a not-for-profit entity formed by all producers, whether directly or by trade organizations for subgroups of producers, and contracted by the department under section 332 to act as an agent on behalf of each producer to develop and implement a producer responsibility plan for recycling; PFAS included as toxic substance; organization must research means of recycling/disposing toxic substances.
    State Bill: GA S0016 (RI)
    • Bill Name: An Act relating to Health And Safety – Comprehensive PFAS Ban Act of 2023  
    • Sponsors: Kallman
    • Introduced: 1/19/2023
    • Status:(1/19/2023) Introduced
    • Summary: This bill outlines the states intent to ban all use of PFAS by 2032.
    State Bill: HB5250 (CT)
    • Bill Name: An Act Establishing A Grant Program to Reimburse Municipalities for Costs Related to Removal of PFAS from Fire Apparatus 
    • Sponsors: Turco
    • Introduced: 1/12/2023
    • Status:(1/12/2023) Introduced
    • Summary: There will be an established grant program to reimburse municipalities for the cost of removing foam containing PFAS from fire apparatus and the cost of cleaning agents necessary for such removal.
    State Bill: SF834 (MN)
    • Bill Name: An Act relating to Environment; Prohibiting PFAS in Certain Products  
    • Sponsors: Morison
    • Introduced: 1/26/2023
    • Status:(1/26/2023) Introduced
    • Summary: Beginning in 2025, a manufacturer must disclose intentional presence of PFAS in product; also beginning in 2025, a manufacturer may not incorporate PFAS in various products, primarily domestic.
    State Bill: SB485 (WV)
    • Bill Name: PFAS Protection Act 
    • Sponsors: Smith
    • Introduced: 1/26/2023
    • Status:(1/26/2023) Introduced
    • Summary: A bill to create article identifying and abating health risks of PFAS discharged into source waters used for public drinking water; providing legislative findings; requiring the Department of Environmental Protection to write PFAS action plans to identify and address sources of PFAS for certain public water systems; requiring facilities using certain PFAS chemicals to monitor and report their use.
    State Bill: SB88 (IL)
    • Bill Name: AA Bill for An Act Concerning Safety 
    • Sponsors: Laura Fine
    • Introduced: 1/20/2023
    • Status:(1/20/2023) Introduced
    • Summary: Amends the Environmental Protection Act. Provides that on and after specified dates, no person shall sell, offer for sale, distribute for sale, or distribute for use in the State specified products that contain intentionally added PFAS chemicals. Provides that on and after January 1, 2025, a PFAS manufacturer of cookware sold in the State that contains intentionally added PFAS chemicals in the handle of the product or in any product surface that comes into contact with food, foodstuffs, or beverages shall list the presence of PFAS chemicals on the product label and comply with other specified requirements.
    State Bill: HB1855 (VA)
    • Bill Name: A BILL to amend and reenact § 59.1-200 of the Code of Virginia, relating to the Consumer Protection 5 Act; PFAS chemicals in children’s products. 
    • Sponsors: Suhas Subramanyam
    • Introduced: 1/11/2023
    • Status:(1/11/2023) Introduced
    • Summary: This bill incorporates new language to unlawful acts of sellers/manufacturers: “Selling, offering for sale, or manufacturing for sale a children’s product that the supplier knows or has reason to know contains perfluoroalkyl and polyfluoroalkyl substances (PFAS). “PFAS” means substances that include any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. This prohibition does not apply to children’s products that are used, secondhand, or “seconds.”
    State Bill: HB465 (NH)
    • Bill Name: An act restricting use of perfluoroalkyl and polyfluoroalkyl substances in certain consumer products.  
    • Sponsors: David Waters
    • Introduced: 1/11/2023
    • Status:(1/11/2023) Introduced
    • Summary: This bill restricts the use of per and polyfluoroalkyl substances in rugs, carpets, and aftermarket stain and water resistant treatments sold in New Hampshire.
    State Bill: SB1459 (HI)
    • Bill Name: An Bill for An Act related to Environmental Protection  
    • Sponsors: Gabbard
    • Introduced: 1/25/2023
    • Status:(1/25/2023) Introduced
    • Summary: The purpose of this Act is to establish a water quality task force to address PFAS contamination in Hawaii’s drinking water.

    Updates on Previously Highlighted Bills


    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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