December 2023 PFAS Legislative Developments
December Legislation Tracking (December 1 – December 31)
Current Trends in Legislation – December 2023
Federal Legislature
- One new bill introduced that seeks to modify the use of PFAS in cosmetics (11/30/2023).
Federal Regulations
- The White House Office of Information and Regulatory Affairs (OIRA) completed its final review of PFAS National Primary Drinking Water Regulation Rulemaking, which is anticipated to become a final rule in January 2024 (40 CFR 142, 40 CFR 141).
- OIRA completed its final review of 40 CFR 302, which seeks to designate PFOA and PFOS as CERCLA Hazardous Substances. Final ruling is anticipated in March 2024.
State Legislature
- Eleven (11) bills were introduced.
- Five (5) bills directly address liability for PFAS-related testing and remediation.
- One (1) bill addresses PFAS use in firefighting gear.
State Regulations
- No notable developments in state regulations.
New Bills This Period
PFAS Legislation
Federal
- One (1) bill introduced (11/30/2023).
State
- Eleven (11) bills introduced.
- Nine (9) in NH.
- One (1) in ME.
- One (1) in PA.
Signed into Law
There were no State or Federal bills passed into law related to PFAS in December 2023.
Highlighted Bills – PFAS Legislation
Federal
Federal Bill: HR 6519
- Bill Name: No PFAS in Cosmetics Act
- Sponsors: Dingell
- Introduced: 11/30/2023
- Status: Referred to the House Committee on Energy and Commerce
- Summary: The intent is to amend the Federal Food, Drug, and Cosmetic Act to ban the use of intentionally added PFAS in cosmetics. Notably, at least three similar bills have been drafted at the state level: two in New York, and one in California.
State
State Resolution: HR 28 (NH)
- Bill Name: A resolution urging for the compensation for injuries from PFAS
- Sponsors: Renzullo
- Introduced: 12/6/2023
- Status: To be referred to State-Federal Relations and Veterans Affairs
- Summary: This resolution urges for compensation for injuries from PFAS and for the closure and cleaning of sites affected by PFAS by Saint-Gobain. Saint-Gobain acquired the Chemfab facility in the town of Merrimack, New Hampshire, in 2002; airborne transport of PFAS from the Saint-Gobain facility in Merrimack created a pathway for regional groundwater contamination in several of the surrounding towns. PFAS blood testing results in Merrimack were 4 to 6 times the national average.
State Bill: HB 1415 (NH)
- Bill Name: A bill relative to PFAS facility liability
- Sponsors: Watters
- Introduced: 12/6/2023
- Status: To be referred to Resources Recreation and Development
- Summary: This bill provides for PFAS facility liability for contaminations of groundwater quality standards according to federal regulations. “PFAS Facility” means any site, area, or location where PFAS is or has been used, treated, stored, generated, disposed of, or otherwise come to be located. Any person who owns or operates such a facility shall be subject to the provisions of federal regulations in 40 CFR 265.111 and 265.114.
State Bill: HB 1707 (NH)
- Bill Name: A bill relative to liability for the cost of PFAS blood testing
- Sponsors: Carson
- Introduced: 12/19/2023
- Status: To be referred to Judiciary
- Summary: This bill provides that any person who owns or operates a PFAS facility where a release of PFAS has resulted in total combined concentrations of PFAS in groundwater or surface water of a specified amount shall be strictly liable for the costs of blood tests for affected individuals. Potentially impacted property is defined as one, “Within 1,000 feet of a property for which the department has required testing related to a release of PFAS from a PFAS facility or, a property that has otherwise been demonstrated to have been potentially impacted by a release of PFAS from a PFAS facility; and Where PFAS concentrations in drinking water or groundwater exceed, or have ever exceeded state maximum contaminant levels.” The liability described in paragraph VIII shall be joint and several.
State Bill: SB 413 (NH)
- Bill Name: A bill relative to civil actions for PFAS contamination
- Sponsors: Watters
- Introduced: 12/12/2023
- Status: To be referred to Judiciary
- Summary: This bill creates a civil action for certain PFAS contamination. The bill clarifies the authority of the State to bring actions to require remediation of hazardous waste to ensure that such authority applies not just to “facilities” as described in RSA 147-A but to any spiller of hazardous waste/materials as described in RSA 147-B:2. The Department indicates the bill would have no impact other than a possible savings in litigation costs as the State would not have to present arguments about this authority.
State Bill: HB 1614 (NH)
- Bill Name: A bill relative to prohibiting certain products with intentionally added PFAS
- Sponsors: Watters
- Introduced: 12/15/2023
- Status: To be referred to Commerce and Consumer Affairs
- Summary: This bill restricts the use of PFAS in certain consumer products sold in New Hampshire. Products include fabrics, cosmetics, tangible personal property normally used for personal, family, or household purposes, etc. The department of environmental services is authorized to participate in the establishment and implementation of a multi-jurisdictional clearinghouse to assist in carrying out the requirements of this act and to help coordinate applications and reviews of the manufacturer obligations under the act. $250,000 for the biennium ending June 30, 2025, is hereby appropriated to the department of environmental services to fund administrative costs related to establishment and initial operation of the PFAS-added products control program established by this act.
State Bill: HB 1352 (NH)
- Bill Name: A bill relative to firefighting personal protective equipment
- Sponsors: Goley
- Introduced: 12/6/2023
- Status: To be referred to Executive Departments and Administration
- Summary: This bill increases protection for firefighters from PFAS chemicals in their uniforms and personal protective equipment. Should a safe alternative to the current firefighting personal protective equipment be designed and manufactured, fire departments shall be required to give preference to that alternative. Beginning 1/1/2025, fire departments shall not provide as an option firefighting apparel that contains intentionally added PFAS or fire-resistive chemicals which contain fluorine, chlorine, bromine, lead, or antimony. Manufacturers of firefighting apparel shall provide fire departments with safer alternatives should they exist.
State Bill: SB 997 (PA)
- Bill Name: An Act Amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated Statutes
- Sponsors: Muth
- Introduced: 12/8/2023
- Status: To be referred to environmental resources and energy
- Summary: The bill would amend Title 58 to require that a manufacturer provide written declaration to the department that the chemical product contains no intentionally added PFAS chemicals.
State Bill: HP 1328 (ME)
- Bill Name: An Act to Clarify Liability Under the Uncontrolled Hazardous Substance Site Law
- Sponsors: Fay
- Introduced: 12/11/2023
- Status: To be referred to committee on environment and natural resources
- Summary: The bill amends the uncontrolled hazardous substance site law. Among new provisions, the bill provides that a fee for department assistance in submitting a voluntary response action plan is waived if the plan is submitted to address PFAS contamination for the purpose of buying or selling agricultural land found to be contaminated by PFAS.
State Bill: HB 1630 (NH)
- Bill Name: An Act relative to extended producer responsibility
- Sponsors: Bixby
- Introduced: 12/15/2023
- Status: To be referred to environment and agriculture
- Summary: This bill creates a program to enact extended producer responsibility for packaging. It incentivizes the reduction of toxins and waste flow at the source, and provides relief to municipal waste disposal costs. It also provides for oversight and management of the program through the collection of stewardship fees from producers. PFAS are to be banned from packaging sold within the state.
State Bill: SB 393 (NH)
- Bill Name: An Act relative to making an appropriation to the department of environmental services to fund drinking water infrastructure in Derry
- Sponsors: Carson
- Introduced: 12/12/2023
- Status: Hearing to be held 1/4/2024
- Summary: This bill makes an appropriation of $25,000,000 to the department of environmental services for the funding of drinking water infrastructure in Derry as part of Phase 2 of the Southern New Hampshire Regional Water Project to increase water supply to multiple towns impacted by PFAS contamination and growing water demands.
Updates on Previously Highlighted Bills
Federal
State
None at this time
