May 2023 PFAS Legislative Developments
May Legislation Tracking (May 1, 2023 – May 31, 2023)
Current Trends in Legislation – May 2023
5 Federal Bill Introduced
- Federal Level
- Key point addressed: Restrictions on PFAs liability for specific entities.
Food Packaging
- States Involved: PA, MI
- Key point addressed: Prohibiting the use of PFAs in food packaging.
Firefighting Foam
- States Involved: RI, NY, WI
- Key point addressed: Prohibiting use of PFAS substances in firefighting foam
New Bills This Period
PFAS Legislation
Federal
- 5 Bills Introduced
State
- 8 bills were introduced in May mentioning PFAS
- AZ – 2
- MI – 1
- MN -1
- NY -1
- PA -1
- RI -1
- WI -1
Signed into Law
No bills related to PFAs were signed into law in May 2023
Highlighted Bills – PFAS Legislation
Federal
Federal Bill: HR 3192
- Bill Name: PFAS Registry Act of 2023
- Sponsors: Chris Papas
- Introduced: 5/10/2023
- Status:(5/10/2023) Referred to the Committee on Veterans’ Affairs and in addition to the Committee on Armed Services for a period to be subsequently determined by the Speaker in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
- Summary: This bill would require the Secretary of Veterans Affairs to establish and maintain a registry for certain individuals who may have been exposed to PFAS due to the environmental release of aqueous film-forming foam on military installations.
Federal Bill: HR 1427
- Bill Name: Agriculture PFAs Liability Protection Act of 2023
- Sponsors: Cynthia Lummis
- Introduced: 5/3/2023
- Status:(5/3/2023) Read twice and referred to the Committee on Environment and Public Works.
- Summary: This bill would exempt certain entities (i.e., “agricultural operations”) from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 for releases PFAS. The bill would not preclude liability for damages or costs associated with the release of PFAS by a protected entity if that protected entity acted with gross negligence or willful misconduct.
Federal Bill: HR 1429
- Bill Name: Resource Management PFAS Liability Protection Act of 2023
- Sponsors: Cynthia Lummis
- Introduced: 5/3/2023
- Status:(5/3/2023) Read twice and referred to the Committee on Environment and Public Works.
- Summary: This bill would exempt certain entities (i.e., “owners and operators of certain resource management facilities”) from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 with respect to releases of PFAS substances.
- Note: Specified entities are “owners and operators of certain resource management facilities.” Language is same in substance to S1427.
Federal Bill: HR 1430
- Bill Name: Water Systems PFAS Liability Protection Act
- Sponsors: Cynthia Lummis
- Introduced: 5/3/2023
- Status:(5/3/2023) Read twice and referred to the Committee on Environment and Public Works.
- Summary: This bill would exempt certain entities (i.e., “water and wastewater treatment facilities”) from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 with respect to releases of PFAS substances.
- Note: Specified entities are “water and wastewater treatment facilities.” Language is same in substance to S1427, S1429.
Federal Bill: HR 1432
- Bill Name: Fire Suppression PFAS Liability Protection Act
- Sponsors: Cynthia Lummis
- Introduced: 5/3/2023
- Status:(5/3/2023) Read twice and referred to the Committee on Environment and Public Works.
- Summary: This bill would exempt certain entities (i.e., “entity with a fire suppression system installed, or otherwise in use, in accordance with applicable Federal, State, and local fire codes that uses an aqueous film forming foam that contains a covered” PFAS) from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 with respect to releases of PFAS substances.
Federal Bill: HR 1432
- Bill Name: Airports PFAS Liability Protection Act
- Sponsors: Cynthia Lummis
- Introduced: 5/3/2023
- Status:(5/3/2023) Read twice and referred to the Committee on Environment and Public Works.
- Summary: This bill would exempt certain entities (i.e., “a sponsor, including a sponsor of the civilian portion of a joint-use airport or a shared-use airport”) from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 with respect to releases of PFAS substances.
State
State Bill: SB312 (WI)
- Bill Name: An Act relating to programs and requirements to address perfluoroalkyl and polyfluoroalkyl substances.
- Sponsors: Wimberger
- Introduced: 5/24/2023
- Status:(5/24/2023) Read first time and referred to Committee on Natural Resources and Energy
- Summary: The bill requires the Department of Natural Resources to create a municipal PFAS grant program to provide grants to: municipalities to test for PFAS in water; nonmunicipal entities regulated as public water systems to test for PFAS in water; municipalities to test PFAS levels at municipally owned or managed locations where PFAS may be present. The bill also requires the DNR to provide grants to persons that own property with PFAS contamination that is not known to be the responsibility of the person. The bill requires the DNR to survey or resurvey local fire departments about their use and possession of PFAS-containing firefighting .
State Bill: SF3342 (MN)
- Bill Name: PFAS in biosolids study appropriations
- Sponsors: McEwen
- Introduced: 5/17/2023
- Status:(5/17/2023) Introduced
- Summary: An act to appropriate unspecified quantity of funds from the general fund to the commissioner of the Pollution Control Agency to study the effects of land-applied biosolids on the spread of PFAS; the report must: evaluate and characterize PFAS concentrations in land-applied biosolids, leaching of PFAS from those wastes, and the subsequent movement of PFAS into water and food; identify alternative disposal and treatment options; and make recommendations for developing tools for managing PFAS-contaminated waste streams.
State Bill: HB1122 (PA)
- Bill Name: An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes in food protection further providing for penalties and prohibiting certain food packaging
- Sponsors: Howard
- Introduced: 5/5/2023
- Status:(5/5/2023) Introduced
- Summary: Beginning 7/1/2023, no person shall distribute, sell or offer for sale in this Commonwealth food packaging containing PFAS.
State Bill: SB327 (MI)
- Bill Name: A bill to amend 2000 PA 92, entitled “Food law”
- Sponsors: Jeff Irwin
- Introduced: (5/4/2023)
- Status:(5/4/2023) Introduced
- Summary: By 1/1/2025, a person shall not knowingly manufacture, sell, offer for sale, distribute for sale, or distribute for use in this state food packaging that has been treated with direct fluorination or to which PFAS, bisphenols, or phthalates have been intentionally added in any amount greater than an incidental presence.
Updates on Previously Highlighted Bills
Federal
State
H5861 (RI)
- Bill Name: An Act Relating to Waters and Navigation — PFAS in Drinking Water, Groundwater, and Surface Water
- Sponsors: Speakman
- Introduced: (3/1/2023)
- Status:(3/1/2023) Scheduled for Consideration 6/1/23
- Summary: By 7/1/23, all public water supply systems in the state shall conduct monitoring for the presence of PFAS. If the PFAs contaminants exceed the interim drinking water standard, the department shall draft and enter into a consent agreement with a public water supply system requiring dates for submittal of construction plans and specifications, prepared and stamped by a professional engineer to implement treatment or remedy to reduce the levels of PFAS contaminants in the drinking water
