March 2024 PFAS Legislative Developments

March Legislation Tracking (March 1 – March 31)

Current Trends in Legislation – March 2024

Federal Legislature

  • Six new bills were introduced.
  • Two bills are identical and establish a fund to compensate firefighters who have been exposed to PFAS.
  • One bill seeks to prohibit the procurement of certain items containing PFOS or PFOA.

    • Federal Regulations

  • 89 FR 20869: The Department of Defense (DoD) has adopted as final, with changes, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2020 that prohibits DoD procurement of fluorinated aqueous film-forming foam containing in excess of one part per billion of PFAS, unless an exemption applies. This was implemented as an interim rule (88 FR 67604) on September 29, 2023. The final rule removes the incorrect reference to MIL–PRF–24385F(SH) in favor of stating the statutory standard of PFAS not in excess of one part per billion. The final rule also uses the term ‘‘fire-fighting agent’’ consistently throughout the DFARS text within the meaning of the statutory prohibition implemented under this rule.

State Legislature

  • Thirty seven bills were introduced.
  • Nine states introduced bills.
  • Notable topics the legislature addressed include exemptions from PFAS-related liabilities, phased PFAS bans, and water contamination.

State Regulations

  • No notable developments in state regulations

New Bills This Period

PFAS Legislation

Federal

  • Six bills introduced.

    State

      • Thirty seven (37) bills introduced.
      • One (1) in CO.
      • One (1) in MA.
      • One (1) in MI.
      • Four (4) in MN.
      • One (1) in NJ.
      • One (1) in NY.
      • Two (2) in RI.
      • Two (2) in WI.
      • Twenty four (24) in HI.

      Signed into Law

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

        Highlighted Bills – PFAS Legislation

        Federal
        Federal Bill: HR 7788
        • Bill Name: An amendment to the Public Health Service Act  
        • Sponsors: Darren Soto
        • Introduced: 3/21/2024
        • Status: Text not available as of 4/2/2024.
        • Summary: The intent is to establish the Firefighter PFAS Injury Compensation Program.
        • Note: Senate bill S. 4013 is of the same intent.
        Federal Bill: HR 7775
        • Bill Name: An Act to prohibit the procurement of certain items containing PFOS or PFOA 
        • Sponsors: Mike Lawler
        • Introduced: 3/21/2024
        • Status: Text not available as of 4/2/2024.
        • Summary: The intent is to prohibit the procurement of certain items containing PFOA or PFOA and prioritize the procurement of products not containing PFAS.
        Federal Bill: HR 7675
        • Bill Name: PFAS Research and Development Reauthorization Act of 2024 
        • Sponsors: Chris Pappas
        • Introduced: 3/13/2024
        • Status: Referred to the Committee on Energy and Commerce.
        • Summary: This bill proposes to extend the authorization of appropriations for PFAS research and development by the EPA.
        Federal Bill: HR 7596
        • Bill Name: Servicewomen and Veterans Menopause Research Act 
        • Sponsors: Chrissy Houlahan
        • Introduced: 3/8/2024
        • Status: Referred to the Committee on Armed Services.
        • Summary: This bill directs the Secretaries of Defense and of Veterans Affairs to initiate research related to menopause, perimenopause, or midlife women’s health, including effects of exposure to PFAS.
        State
        State Bill: HB 5614 (MI)
        • Bill Name: An amendment to the Natural Resources and Environmental Protection Act 
        • Sponsors: Rachel Hood
        • Introduced: 3/20/2024
        • Status: Introduced 3/20/2024
        • Summary: The amendment stipulates that the department shall implement measures to restrict concentrations of PFAS in biosolids and sewage sludge and sewage sludge derivations used for land application. A person that prepares biosolids and uses sewage sludge or a sewage sludge derivative for land application shall test the sewage sludge or sewage sludge derivative for PFAS, as directed by the department, before the sewage sludge or sewage sludge derivative is applied and submit a report of the results to the department.
        State Bill: SF 4577 (MN)
        • Bill Name: An Act Relating to Involuntary Conveyors of PFAS 
        • Sponsors: Hoffman
        • Introduced: 3/24/2024
        • Status: Referred to Environment Climate and Legacy
        • Summary: The bill defines Involuntary conveyor of PFAS as an owner or operator of: a sewage sludge disposal facility; a treatment works; or a public water system, as defined in the federal Safe Drinking Water Act. The bill protects entities that qualify as involuntary conveyers from liabilities arising from PFAS-related claims.
        State Bill: S 2847 (NJ)
        • Bill Name: AN ACT concerning perfluoroalkyl and polyfluoroalkyl substances 
        • Sponsors: Greenstein
        • Introduced: 3/4/2024
        • Status: Referred to Senate Environment and Energy Committee
        • Summary: The bill requires certain water purveyors to identify, and use, alternative water supply source when PFAS exceed maximum contaminant levels. The owner or operator of the public community water system shall take immediate action to use the alternative water supply identified by the public community water system.
        State Bill: A 9518 (NY)
        • Bill Name: AN ACT to amend the Environmental Conservation Law 
        • Sponsors: Patricia Fahy
        • Introduced: 3/20/2024
        • Status:Referred to Environmental Conservation
        • Summary: This amends the environmental conservation law so that the department shall promulgate rules and/or regulations defining PFAS as a high toxicity air contaminant. If PFAS emissions are found to be occurring, the department shall ensure the pollutant process operation is subject to appropriate control technology.
        State Bill: S 2850 (RI)
        • Bill Name: Toxic Packaging Reduction Act 
        • Sponsors: Valverde
        • Introduced: 3/22/2024
        • Status: Scheduled for hearing 4/3/2024
        • Summary: This bill amends the Toxic Packaging Reduction Act to include provisions for PFAS. The bill stipulates that by 1/1/2025 no food package to which PFAS have been intentionally introduced during manufacturing or distribution in any amount shall be offered for sale or for promotional purposes by its manufacturer or distributor in the state.
        State Bill: S 1079 (WI)
        • Bill Name: AN ACT relating to proposed rules relating to the development of numerical groundwater quality standards for PFAS 
        • Sponsors: Cowles
        • Introduced: 3/6/2024
        • Status: Referred to Committee on Natural Resources and Energy
        • Summary: This bill authorizes the Department of Natural Resources (DNR) to continue with the rule-making process for the groundwater quality rule by establishing numerical standards that minimize the concentration of PFAS.
        State Bill: SB 1093 (WI)
        • Bill Name: An Act relating to banning products containing intentionally added PFAS 
        • Sponsors: Pfaff.
        • Introduced: 3/18/2024
        • Status: Referred to Committee on Natural Resources and Energy
        • Summary: Beginning January 1, 2028, this bill prohibits the sale or distribution of certain products that contain intentionally added PFAS including food packaging, cleaning products, cosmetics, and textile furnishings. The bill prohibits the sale or distribution of all products containing intentionally added PFAS beginning January 1, 2034. The bill provides certain exemptions to this ban, including by allowing the Department of Natural Resources to identify, by rule, products in which the use of PFAS is an unavoidable use.
        State Bill: HB 4486 (MA)
        • Bill Name: An Act to protect Massachusetts public health from PFAS 
        • Sponsors: Joint Committee on Public Health
        • Introduced: 3/25/2024
        • Status: Referred to the Committee on Health Care Financing
        • Summary: The bill proposes various PFAS bans, regulations, and the creation of trust funds. It incorporates most of the language and intent of previously introduced bills – HB 2197 and SB 1431. The bill proposes to ban PFAS from food packaging in 2028 and a phased ban of various consumer products to begin in 2027. The bill proposes the creation of a PFAS Remediation Trust Fund, which may be credited with money recovered from claims. Similarly, the bill proposes a PFAS Public Health Trust Fund, which may also be credited from money recovered through claims.
        State Bill: HCR 207 (HI)
        • Bill Name: House Concurrent Resolution to establish PFAS Testing Grant Program 
        • Sponsors: Perruso
        • Introduced: 3/8/2024
        • Note:Identical bills introduced in Senate and House
        • Summary: The bill proposes the Department of Health to establish a PFAS Testing Grant Program in collaboration with the University of Hawaii. The program is designed to provide funding to assist local communities, businesses, and residents throughout the State in obtaining testing services and biological sampling for PFAS detection.
        State Bill: HCR 212 (HI)
        • Bill Name: House Concurrent Resolution regarding importation of products containing PFAS 
        • Sponsors: Lowen
        • Introduced: 3/8/2024
        • Status: Identical bills introduced in House and Senate
        • Summary: The bill proposes the Department of Health is urged to investigate and implement policies to reduce the importation of products, packaging, or materials containing PFAS into the State.
        State Bill: SCR 132 (HI)
        • Bill Name: Senate Concurrent Resolution regarding working group 
        • Sponsors: Gabbard
        • Introduced: 3/8/2024
        • Status: Identical bills introduced in House and Senate
        • Summary: The bill proposes that the Governor convene a PFAS working group. The group is tasked with planning for the remediation of PFAS contamination throughout the State. The group is also to encourage the business community to become more aware of the presence of PFAS and related chemicals in products and product packaging.

        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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