June 2023 PFAS Legislative Developments

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

Current Trends in Legislation – June 2023

 

1 Federal Bill Introduced

  • Federal Level
  • Key point addressed: Appropriations for PFAS program in relation to airports and firefighting foam.

Firefighting Foam

      • States Involved: CT, PA, WI
      • Key point addressed: Prohibiting use of PFAS substances in firefighting foam and remediation funding.

New Bills This Period

PFAS Legislation

Federal

  • 1 Bill Introduced

    State

    • 4 bills were introduced in June mentioning PFAS
      • CT – 1
      • MA – 1
      • PA -1
      • WI -1

    Signed into Law

    2 State bills signed into law

    Bill Name: AN ACT ESTABLISHING AN ACCOUNT IN THE GENERAL FUND TO PROVIDE GRANTS TO TOWNS THAT NEED PFAS TESTING AND REMEDIATION (CT)  

    • Sponsors: Environment Committee
    • Introduced: 1/11/2023
    • Status: (6/27/2023) Signed by Governor
    • Summary: To provide municipalities with needed resources to test for and remediate PFAS contamination on town-owned properties and to assist residential homeowners impacted by such contamination.

    Bill Name: An Act Relating to Waters and Navigation — PFAS in Drinking Water, Groundwater, and Surface Water (RI)  

    • Sponsors: Speakman
    • Introduced: 3/1/2023
    • Status: (6/22/2023) Signed by Governor
    • Summary: Monitors public water for PFAS contamination

    Highlighted Bills – PFAS Legislation

    Federal
    Federal Bill: S. 1939
    • Bill Name: FAA Reauthorization Act of 2023 
    • Sponsors: Maria Cantwell
    • Introduced: 6/13/2023
    • Status:(6/13/2023) Introduced
    • Summary: PFAS replacement program for airports. Within 90 days after the date on which the Department of Defense approves a fluorine-free firefighting agent to the Qualified Products’ List for products meeting Military Specification MIL-PRE-32725, dated January 12, 2023, the Secretary shall establish a PFAS replacement program, in consultation with the Administrator of the Environmental Protection Agency, and subject to terms, conditions, and assurances acceptable to the Secretary, to reimburse eligible airports for the reasonable and appropriate costs associated with any of the following.
    State
    State Bill: HB6941 (CT)
    • Bill Name: AN ACT CONCERNING THE STATE BUDGET FOR THE BIENNIUM ENDING JUNE 30, 2025 
    • Sponsors: Matthew Ritter
    • Introduced: 6/5/2023
    • Status:(6/5/2023) Introduced
    • Summary: Appropriate $3,000,000 to the Department of Emergency Services and Public Protection, for Other Expenses, for the fiscal year ending June 30, 2024, to provide grants to municipalities to remove PFAS from fire apparatus.
    State Bill: HB3948 (MA)
    • Bill Name: An Act prohibiting state and municipal contracts for the purchase and installation of artificial turf fields 
    • Sponsors: Carmine Lawrence Gentile
    • Introduced: 6/26/2023
    • Status:(6/26/2023) Introduced
    • Summary: No state agency or state authority shall provide funding for the purchase, use or installation of artificial turf that contains zinc, plastic or PFAS substances for any new or existing field after October 1, 2023. Any artificial turf field containing zinc, plastic or PFAS that is in use prior to October 1, 2023 shall be allowed to be used for its useful life but shall not be replaced with artificial turf containing zinc, plastic or PFAS.
    State Bill: AB312 (WI)
    • Bill Name: AN ACT Relating to: programs and requirements to address perfluoroalkyl and polyfluoroalkyl substances. 
    • Sponsors: Mursau
    • Introduced: 6/9/2023
    • Status:(6/9/2023) Introduced
    • Summary: This bill creates several new programs and requirements relating to PFAS. The bill requires the Department of Natural Resources to create a municipal PFAS grant programs for water monitoring, site maintenance. The bill also requires 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 DNR to survey or resurvey local fire departments about their use and possession of PFAS-containing firefighting foam, send communications and information, and contract with a third party to collect PFAS-containing firefighting foam. The department of natural resources shall provide a grant to any person who owns property that is contaminated by PFAS substances and the person has not been identified as the responsible party for the contamination
    State Bill: HB1541 (PA)
    • Bill Name: An act providing for firefighting personal protective equipment; and imposing penalties. 
    • Sponsors: Harkins
    • Introduced: 6/29/2023
    • Status:(6/29/2023) Introduced
    • Summary: Beginning January 1, 2028, a person may not distribute, manufacture, offer for sale, produce or sell firefighting personal protective equipment that contains an intentionally added PFAS chemical.

    Updates on Previously Highlighted Bills

    Federal
    State

    None at this time

    John Gardella

    Shareholder

    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.

    Email John Gardella

    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.

    Email Amaran

    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.

    Email Tori

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