April 2023 PFAS Legislative Developments

April Legislation Tracking (April 1, 2023 – April 30, 2023)

Current Trends in Legislation – April 2023


1 Federal Bill Introduced

  • Federal Level
  • Key point addressed: Taxation in relation to PFAS Remediation.

Water Quality

  • States Involved: NC
  • Key point addressed: Testing and precautionary measures for clean water in public areas and drinking water.

Firefighting Foam

      • States Involved: AL, NC
      • Key point addressed: Prohibiting use of PFAS substances in firefighting foam

New Bills This Period

PFAS Legislation


  • 1 Bill Introduced


    • 16 bills were introduced in February mentioning PFAS
      • AL – 1
      • ME – 1
      • MI – 2
      • NC- 10

    Signed into Law

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

    Highlighted Bills – PFAS Legislation

    Federal Bill: HR 2615
    • Bill Name: No Taxation on PFAS Remediation Act 
    • Sponsors: Chris Papas
    • Introduced: 4/13/2023
    • Status:(4/13/2023) Introduced
    • Summary: Gross income shall not include any amounts received by the taxpayer during the taxable year which are attributable to a reimbursement for remediation of contamination by a PFAS.
    State Bill: H864 (NC)
    • Bill Name: PFAS Pollution and Polluter Liability 
    • Sponsors: Davis
    • Introduced: 4/262023
    • Status:(4/26/2023) Introduced
    • Summary: Intended to protect citizens from PFAS in drinking water. If PFAS found to contaminate water source, then the responsible party is to pay the public water system any actual and necessary costs incurred by the public water system to remove, correct, or abate the contaminant; a responsible party shall be jointly and severally liable for all actual and necessary costs. The sum of $2,000,000 in nonrecurring funds for the 2023-2024 fiscal year is appropriated from the General Fund to the Department of Environmental Quality to implement the requirements of this act
    State Bill: H829 (NC)
    • Bill Name: Wrightsville Beach/Water Infrastructure Funds 
    • Sponsors: Davis
    • Introduced: 4/18/2023
    • Status:(4/18/2023) Introduced
    • Summary: The Town of Wrightsville Beach’s supply of drinking water is endangered due to PFAS contamination and consequently must purchase drinking water from the Cape Fear Public Utility Authority. $17 million appropriated from General Fund for water and wastewater infrastructure improvements
    State Bill: H832 (NC)
    • Bill Name: Lower Cape Fear Water and Sewer Authority/Funds. 
    • Sponsors: Davis
    • Introduced: 4/18/2023
    • Status:(4/18/2023) Introduced
    • Summary: The regional water supply connectivity and system redundancy in the lower Cape Fear region of the State is vital to the public health and economic vitality of the region due to the threats of PFAS contamination of surface and groundwater, $25 million is appropriated from the General Fund to the Lower Cape Fear Water and Sewer Authority for water infrastructure improvements.
    State Bill: H660 (NC)
    • Bill Name: PFAS Free NC  
    • Sponsors: Harrison
    • Introduced: (4/17/2023)
    • Status:(4/17/2023) Introduced
    • Summary: Intended to prohibit manufacture, use or processing of PFAS within NC, and impose financial penalties upon violations. Any person required to obtain a National Pollutant Discharge Elimination System (NPDES) permit shall eliminate PFAS discharge into state waters. Act also provides for studies directed to managing presence of PFAS in the state.
    State Bill: H610 (NC)
    • Bill Name: 2023 Safe Drinking Water Act  
    • Sponsors: Clemmons
    • Introduced: (4/13/2023)
    • Status:(4/13/2023) Introduced
    • Summary: By 10/15/2023, the Commission for Public Health shall commence rulemaking to establish maximum contaminant levels of PFAS in drinking water.
    State Bill: S658 (NC)
    • Bill Name: Water Safety Act of 2023  
    • Sponsors: Lee
    • Introduced: (4/6/2023)
    • Status:(4/6/2023) Introduced
    • Summary: Similar in substance to H610; designed to protect NC citizens from PFAS contamination in water. $20 million appropriated to research firefighting foam materials; $4 million appropriated for other PFAS-related research that shall prioritize drinking water near Cape Fear region; $2 million appropriated for general water-quality research related to PFAS.
    State Bill: SP610 (ME)
    • Bill Name: An Act to Amend the Laws Relating to the Prevention of Perfluoroalkyl and Polyfluoroalkyl Substances Pollution and to Provide Additional Funding 
    • Sponsors: Ingwersen
    • Introduced: (4/5/2023)
    • Status:(4/5/2023) Introduced
    • Summary: By 10/1/2023, any manufacturer of a product for sale in the State that contains intentionally added PFAS shall submit to the DEP a written notification disclosing the relevant information. By 1/1/2025, the department shall prioritize the prohibition of the sale of product categories that, in the department’s judgment, are most likely to cause contamination of the State’s land or water resources if they contain intentionally added PFAS.
    State Bill: S495 (NC)
    • Bill Name: 2023 Safe Drinking Water Act. 
    • Sponsors: Batch
    • Introduced: (4/3/2023)
    • Status:(4/3/2023) Introduced
    • Summary: By 10/15/2023, the Commission for Public Health shall commence rulemaking to establish maximum contaminant levels of PFAS in drinking water.

    Updates on Previously Highlighted Bills

    S227 (NY)
    • Bill Name: PFAS surface water discharge disclosure act 
    • Sponsors: May
    • Introduced: (1/4/2023)
    • Status:(4/19/2023) Advances to a 3rd Reading
    • Summary: This is a bill intended to better align New York state law with EPA guidance and will ensure all facilities currently discharging into waters in New York disclose and monitors their discharge for PFAS.

    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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