July 2023 PFAS Legislative Developments

July Legislation Tracking (July 1, 2023 – July 31, 2023)

Current Trends in Legislation – July 2023

 

Federal Bills Introduced

  • Federal Level
  • Key point addressed: Appropriations for PFAS programs in various agencies, including Defense, Agriculture and Housing.

Firefighting Foam

      • States Involved: ME, PA
      • Key point addressed: Prohibiting use of PFAS substances in firefighting foam. Maine legislators proposed amendments to existing bills.

New Bills This Period

PFAS Legislation

Federal

  • 12 Bills Introduced

    State

    • Two bills and two amendments were introduced in July related to PFAS
      • PA – 2
      • ME – 2 (amendments)

    Signed into Law

    There were no State or Federal bills passed into law related to PFAS in July 2023

    Highlighted Bills – PFAS Legislation

    Federal
    Federal Bill: S. 2283
    • Bill Name: PFAS-Free Procurement Act of 2023
    • Sponsors: Sen. Gary Peters
    • Introduced: 7/12/2023
    • Status:(7/12/2023) Introduced
    • Summary: The intent is to prohibit the procurement of certain items containing (PFOS) or (PFOA) and prioritize the procurement of products not containing PFAS by 10/1/2025.
    Federal Bill: H.R. 4769
    • Bill Name: To drive innovation in developing next-generation protection for firefighters by accelerating the development of PFAS-free turnout gear and for other purposes 
    • Sponsors: Rep. Debbie Dingell
    • Introduced: 7/20/2023
    • Status:(7/21/2023) Referred to the Subcommittee on Economic Development Public Buildings and Emergency Management.
    • Summary: The language has not yet been made available. We will provide a summary when the language is published.
    Federal Bill: H.R. 4917
    • Bill Name: To amend title XVIII of the Social Security Act to provide no-cost coverage for PFAS testing under the Medicare program.
    • Sponsors: Rep. Dan Kildee
    • Introduced: 7/26/2023
    • Status: (7/26/2023) Referred to the Committee on Energy and Commerce and in addition to the Committee on Ways and Means 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: The language has not yet been made available. We will provide a summary when the language is published.
    Federal Bill: S. 2226
    • Bill Name: National Defense Authorization Act for Fiscal Year 2024. 
    • Sponsors: Sen. Jack Reed
    • Introduced: 7/11/2023
    • Status: (7/28/2023) The Senate passed its annual Pentagon policy bill.
    • Summary:The appropriations for fiscal year 2024 provide guidance on treatment of certain materials that have been contaminated with PFAS (Section 321). The appropriations also provide modifications on timing of report on activities of the PFAS Task Force (Section 327)
    • Notes: Two amendments to this bill have been proposed to further address PFAS. The amendment proposed by Sen. Cynthia Lummis addresses proposed exemptions for “passive receivers of PFAS contamination.”
    State
    State Bill: HB1571 (PA)
    • Bill Name: An Act amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes in Commonwealth services providing for firefighting protective equipment. 
    • Sponsors: Greg Scott
    • Introduced: 7/18/2023
    • Status: (7/18/2023) Referred to Veterans Affairs and Emergency Preparedness
    • Summary: The bill mandates a manufacturer that produces or sells personal protective equipment for firefighting entities in PA containing PFAS chemicals to affix a warning label to the product that indicates that the product contains PFAS and provide a written notice to the purchaser at the time of the sale.
    State Bill: SR145 (PA)
    • Bill Name: A Resolution urging the Congress of the United States to establish the National Infrastructure Bank 
    • Sponsors: Lisa Boscola
    • Introduced: 7/17/2023
    • Status: (7/17/2023) Referred to Dept. of Transportation
    • Summary: A resolution to repair infrastructure throughout Pennsylvania. the bill suggests over the next 10 years, PA’s public water systems, which currently continue to contain substantial amounts of lead service lines as well as PFAS, are projected to have a $10.2 billion funding gap for necessary repairs to meet regulatory requirements.
    Amendment: HP 588 LD 941 (ME)
    • Bill Name: An Act Facilitating the Efforts of the Midcoast Regional
      Redevelopment Authority and the Town of Brunswick to Design and Carry Out Improvements to the Storm Water System and Other Infrastructure at the Former Brunswick Naval Air Station 
    • Sponsors: Daniel Ankeles
    • Introduced: 3/2/2023
    • Status: (3/2/2023) Introduced
    • Summary: This bill is established to evaluate the need to replace, repair or upgrade conventional infrastructure and storm water management throughout the entirety of the former Brunswick Naval Air Station for the purpose of protecting the health and safety. In July, an amendment was added to review remediation and storage efforts with respect to materials believed to be contaminated with PFAS.

    Updates on Previously Highlighted Bills

    Federal
    State

    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.

    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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