February 2023 PFAS Legislative Developments

February Legislation Tracking (Feb 1, 2023 – Feb 28, 2023)

Current Trends in Legislation – February 2023


No Federal Bills Introduced in January

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

Water Quality

  • States Involved: IL, MD, MN, NJ, NY
  • Key point addressed: Testing and precuationary measures for clean water in public areas and drinking water.


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

New Bills This Period

PFAS Legislation


  • No Federal Bills Introduced


    • 41 bills were introduced in February mentioning PFAS
      • AK- 1
      • CA – 4
      • IL – 10
      • KY- 1
      • ME – 5
      • MD- 2
      • MN – 6
      • NJ – 2
      • NY – 6
      • OR- 1
      • RI – 3
      • TN – 2
      • VT – 2
      • WA – 1
      • WI – 2

    Signed into Law

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

    Highlighted Bills – PFAS Legislation

    State Bill: A52 (NJ)
    • Bill Name: Allows certain municipal water systems, under certain circumstances, to use lands preserved for recreation and conservation for drinking water wells and associated treatment equipment or facilities 
    • Sponsors: Paul A. Schmid III
    • Introduced: 2/23/2023
    • Status:(2/23/2023) Introduced
    • Summary: This bill would allow certain municipalities to use a well and associated water treatment facilities on lands acquired or developed for recreation or conservation purposes by a local government unit without the additional use being deemed to constitute a disposal or diversion of those lands requiring certain approvals as well as compensation or reimbursement to the State under various laws and regulations implementing the Green Acres Program, i.e., the State’s program for the preservation of lands for recreation and conservation purposes.
    State Bill: HF2005 (MN)
    • Bill Name: Requiring the Clean Water Council to recommend appropriating money from the clean water fund.  
    • Sponsors: Lislegard
    • Introduced: 2/20/2023
    • Status:(2/20/2023) Introduced
    • Summary:The Clean Water Council shall recommend to the governor and the legislature the manner in which money from the clean water fund should be appropriated to protect, enhance, and restore water quality in lakes, rivers, and streams and to protect groundwater from degradation and ensure that at least five percent of the clean water fund is spent only to protect drinking water sources..
    State Bill: HB 2527 (IL)
    • Bill Name: Extends the date that the Municipal Water and Wastewater Funding Study Committee is required to report its findings. 
    • Sponsors: Walsh
    • Introduced: 2/15/2023
    • Status:(2/15/2023) Introduced
    • Summary: A study is established to research and recommend any modifications necessary for Illinois’ EPA to regulate municipal and wastewater management; funding shall target research involving PFAS, among other emerging contaminants.
    State Bill: HB848 (MD)
    • Bill Name: Drinking Water – Innovative Potable Reuse Pilot Program – Establishment.  
    • Sponsors: Rose
    • Introduced: 2/9/2023
    • Status:(2/9/2023) Introduced
    • Summary:To establish Innovative Potable Reuse Pilot Program to regulate use of reclaimed water; reclaimed water meets requirements regarding maximum level of permissible PFAS levels.
    • Note: Introduced as an “Emergency Bill”.
    State Bill: S3582 (NJ)
    • Bill Name: Requires DEP to study feasibility of using alternative water supply source when perfluoroalkyl or polyfluoroalkyl substances exceed maximum contaminant level.  
    • Sponsors: Linda Greenstein
    • Introduced: 2/9/2023
    • Status:(2/9/2023) Introduced
    • Summary: Requires DEP to research use of alternative water supply sources when PFAS limits are exceeded. As part of the study, the department shall consider the drinking water supply sources available to public community water systems in the State and identify alternative drinking water supplies that may be available for use by public community water systems to provide water. In conducting the study, the department shall solicit input from representatives of public community water systems, academic institutions, and environmental organizations, and may hold public hearings, at a time and place determined by the department, to receive input on the issue.
    State Bill: AB1423 (CA)
    • Bill Name: An Act Relating to product safety 
    • Sponsors: Schiavo
    • Introduced: 2/17/2023
    • Status:(2/17/2023) Introduced
    • Summary: Existing law, beginning January 1, 2025, prohibits the manufacture, sale, delivery, hold, or offer for sale in commerce of any cosmetic product that contains any intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). This bill would express the intent of the Legislature to enact subsequent legislation that would require notification of PFAS in specified products.
    State Bill: HB3508 (IL)
    • Bill Name: AN ACT concerning safety; PFAS Pathways Act 
    • Sponsors: Robyn Gabel
    • Introduced: 2/17/2023
    • Status:(2/17/2023) Introduced
    • Summary: Amends the PFAS Reduction Act. Provides that the amendatory Act may be referred to as the PFAS Pathways Act. Contains legislative findings. Requires the Environmental Protection Agency to: (1) require select wastewater treatment plants’ to report the results of analysis of raw influent sewage, treated sewage effluent, and sewage sludge residuals for PFAS; (2) produce and publish on the Agency’s website a report on the eventual dispersion of PFAS through the treatment process; and (3) review the Agency’s database of wastewater treatment plants, determine methods of processed sewage sludge disposal, and estimate the annual quantities of processed sewage sludge disposal on land, whether or not it is disposed of in-state or out-of-state.
    State Bill: A4600 (NY)
    • Bill Name: AN ACT to amend the environmental conservation law 
    • Sponsors: Deborah Glick
    • Introduced: 2/17/2023
    • Status:(2/17/2023) Introduced
    • Summary: Beginning 6/1/2024, No person shall sell or offer for sale any cosmetic product or personal care product containing intentionally added PFAS substances.

    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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