February 2024 PFAS Legislative Developments

February Legislation Tracking (February 1 – February 29)

Current Trends in Legislation – February 2024

Federal Legislature

  • Two new bills were introduced that are identical in substance. These bills seek to hold manufacturers who have irresponsibly discharged PFAS accountable by shifting costs of medical monitoring onto responsible parties, among other initiatives.

State Legislature

  • Forty two bills were introduced.
  • Twelve states introduced bills.
  • Common topics the legislature addressed include fire-fighting materials, the implementation of product bans, and water quality standards.

State Regulations

  • No notable developments in state regulations

New Bills This Period

PFAS Legislation

Federal

  • Two bills introduced.

    State

      • Forty Two (42) bills introduced.
      • Four (4) in CA.
      • Four (4) in CT.
      • Four (4) in IL.
      • Two (2) in KY.
      • Seven (7) in MD.
      • One (1) in MI.
      • Eleven (11) in MN.
      • Two (2) in NY.
      • Two (2) in OK.
      • One (1) in OR.
      • Three (3) in RI.
      • One (1) in WI.

      Signed into Law

      No bills were passed into law related to PFAS in February 2024.

      Highlighted Bills – PFAS Legislation

      Federal
      Federal Bill: HR 7194
      • Bill Name: PFAS Accountability Act of 2024 
      • Sponsors: Madeleine Dean
      • Introduced: 2/1/2024
      • Status: Referred to the Committee on Energy and Commerce.
      • Summary: The intent is to amend the Toxic Substances Control Act to codify a federal cause of action and a type of remedy available for individuals significantly exposed to PFAS. The bill also encourages research and accountability for irresponsible discharge of those substances by manufacturers, and for other purposes, including medical monitoring.
      • Note: Senate bill S. 3725 introduced by Kirsten Gillibrand is identical in substance.
      State
      State Bill: SB 290 (CT)
      • Bill Name: AN ACT CONCERNING MINOR REVISIONS TO ENVIRONMENT RELATED STATUTES 
      • Sponsors: Environment Committee
      • Introduced: 2/29/2024
      • Status: Introduced 2/29/2024
      • Summary: The general statutes will now incorporate language regarding intentionally added PFAS in packaging products.
      State Bill: SB 292 (CT)
      • Bill Name: AN ACT CONCERNING THE USE OF PFAS IN CERTAIN PRODUCTS 
      • Sponsors: Environment committee
      • Introduced: 2/29/2024
      • Status: Introduced 2/29/2024
      • Summary: By 1/1/2027, any manufacturer of various types of products included in the bill shall submit to the Commissioner of Energy and Environmental Protection information that describes the product and the details of the PFAS in it.
      State Bill: SB 3888 (CT)
      • Bill Name: AN ACT EXPANDING THE ELIGIBILITY FOR GRANTS TO REMOVE PFAS FROM FIRE APPARATUS 
      • Sponsors: Public Safety and Security Committee
      • Introduced: 2/29/2024
      • Status: Introduced 2/29/2024
      • Summary: The bill seeks to make independent fire companies and state entities eligible for grants to remove PFAS from fire apparatus and also allow grants to provide reimbursement for removals of PFAS that occurred prior to 7/1/2023.
      State Bill: HB 4702 (IL)
      • Bill Name: PFAS-MONTIORING WATER SYSTEMS 
      • Sponsors: Abdelnasser Rashid
      • Introduced: 2/1/2024
      • Status:Referred to Rules Committee
      • Summary: This amends the PFAS Reduction Act by adding a clause regarding community water systems.
      State Bill: HB 5042 (IL)
      • Bill Name: PFAS-PRODUCT BAN 
      • Sponsors: Anna Moeller
      • Introduced: 2/7/2024
      • Status: Referred to Rules Committee
      • Summary: This bill amends the PFAS Reduction Act and requires, by 1/1/2026, a manufacturer of a product sold, offered for sale, or distributed in IL that contains intentionally added PFAS to submit to the Environmental Protection Agency specified information. The bill also restricts the sale of specified products beginning 1/1/2025 if the product contains intentionally added PFAS.
      State Bill: SB 3360 (IL)
      • Bill Name: PFAS Reduction Act 
      • Sponsors: Laura Ellman
      • Introduced: 2/7/2024
      • Status: Assigned to Environment and Conservation
      • Summary: This bill authorizes the EPA to participate in a safe chemical clearinghouse and to cooperate with the clearinghouse to take specified actions regarding PFAS. It directs manufacturers of PFAS or products or product components containing intentionally added PFAS to register the PFAS or the product or product component containing intentionally added PFAS and to provide certain additional information through a data collection interface established cooperatively by the clearinghouse and the Agency. The bill establishes civil penalties for violations by manufacturers and authorizes the Agency to adopt rules and enter contracts to implement these provisions.
      State Bill: HB 5424 (IL)
      • Bill Name: Illinois Income Tax Act 
      • Sponsors: Michael J. Coffey Jr.
      • Introduced: 2/9/2024
      • Status: Assigned to Revenue & Finance Committee
      • Summary: This amends the Illinois Income Tax Act by creating an income tax credit for fire equipment distributors that are actively researching and developing alternative fire prevention equipment that contains no PFAS.
      State Bill: SB 159 (KY)
      • Bill Name: AN ACT relating to perfluoroalkyl and polyfluoroalkyl substances 
      • Sponsors: Armstrong
      • Introduced: 2/1/2024
      • Status: Introduced 2/1/2024
      • Summary: The bill stipulates the Kentucky Fire Commission may operate a professional firefighter PFAS blood test reimbursement program. Professional firefighters who undergo testing for PFAS in their blood and who pay for that testing out of pocket, or whose insurance partially covers or does not cover any of the cost of the test, may apply to the commission for reimbursement of out-of-pocket expenses using funds from the Firefighters Foundation Program fund.
      State Bill: SF 4073 (MN)
      • Bill Name: A bill for an Act relating to environment; appropriating money for testing municipal effluent for PFAS 
      • Sponsors: McEwen
      • Introduced: 2/22/2024
      • Status: Introduced 2/22/2024
      • Summary: $500,000 in fiscal year 2025 is appropriated from the clean water fund to the commissioner of the Pollution Control Agency for grants to assist local units of government that own and operate wastewater treatment facilities to test for and monitor PFAS in influent, biosolids, and effluent.
      State Bill: A 9005 (NY)
      • Bill Name: AN ACT to amend the environmental conservation law 
      • Sponsors: Kenneth Zebrowski
      • Introduced: 2/1/2024
      • Status: REFERRED TO ENVIRONMENTAL CONSERVATION
      • Summary: The bill will require manufacturers of products that contain intentionally-added PFAS to comply with various reporting requirements beginning 1/1/2026. Beginning 1/1/2027, manufacturers will not be permitted to distribute various products, including cookware and carpets, that contain intentionally-added PFAS if these products are determined to pose potential threats to contaminate water resources.
      State Bill: A 9260 (NY)
      • Bill Name: AN ACT to amend the environmental conservation law in relation to a grant program 
      • Sponsors: Chris Burdick
      • Introduced: 2/22/2024
      • Status: REFERRED TO ENVIRONMENTAL CONSERVATION
      • Summary: This bill directs the department of environmental conservation to establish a PFAS removal treatment installation grant program and a PFAS removal treatment maintenance rebate program. Those eligible are primarily residents and owners of residential property.
      State Bill: H 7439 (RI)
      • Bill Name: AN ACT RELATING TO WATERS AND NAVIGATION — PFAS IN DRINKING WATER GROUNDWATER AND SURFACE WATER 
      • Sponsors: June Speakman
      • Introduced: 2/2/2024
      • Status: Referred to House Environment and Natural Resources
      • Summary: The bill directs the director of the department of environmental management to publish a plan for public review and comment to complete a statewide investigation of potential sources of PFAS contamination. As part of this investigation, the director of the department of health shall conduct a pilot project at public water systems by an applicable analytical method to evaluate the maximum number of PFAS detectable from standard laboratory methods. The bill also directs all public water systems to conduct monitoring of raw, untreated drinking water for the maximum number of PFAS detectable from standard laboratory methods.

      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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