April 2024 PFAS Legislative Developments

April Legislation Tracking (April 1 – April 30)

Current Trends in Legislation – April 2024

Federal Legislature

    • Three new bills were introduced.

Federal Regulations

  • On April 19th, the EPA released a final regulation designating PFOA and PFOS as hazardous under the nation’s Superfund law, the latest in a series of steps aimed at dealing with the ubiquitous and highly toxic substances. The EPA says this designation “will allow EPA to utilize all CERCLA’s authority, which will enable EPA to address more sites, take earlier action and to expedite eventual cleanup.”
  • PFAS National Primary Drinking Water Regulation: the EPA is finalizing drinking water regulations for these six PFAS: PFOA, PFOS, PFHxS, PFNA, HFPO-DA, PFBS. Through this action, the EPA is finalizing MCLGs for PFOA and PFOS at zero. Considering feasibility, the EPA is promulgating individual Maximum Contaminant Levels (MCLs) for PFOA and PFOS at 4.0 nanograms per liter (ng/L) or parts per trillion (ppt). The EPA is also finalizing individual MCLGs and is promulgating individual MCLs for PFHxS, PFNA, and HFPO-DA at 10 ng/L. In addition to the individual MCLs for PFHxS, PFNA, and HFPO-DA, in consideration of the known toxic effects, dose additive health concerns and occurrence and likely co-occurrence in drinking water of these three PFAS, as well as PFBS, the EPA is finalizing a Hazard Index (HI) of 1 as the MCLG and MCL for any mixture containing two or more of PFHxS, PFNA, HFPO-DA, and PFBS. This final rule is effective on June 25, 2024.

State Legislature

  • Twenty two bills were introduced.
  • Eight states introduced bills.
  • Notable topics the legislature addressed include phased PFAS bans and appropriations for projects related to PFAS mitigation.

State Regulations

  • No notable developments in state regulations

New Bills This Period

PFAS Legislation


  • Three bills introduced.


      • Twenty two (22) bills introduced.
      • Two (2) in MA.
      • One (1) in MI.
      • Twelve (12) in MN – Appropriations.
      • One (1) in NJ.
      • Two (2) in NY.
      • One (1) in NC.
      • One (1) in PA.
      • Two (2) in WI.

      Signed into Law

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

        Highlighted Bills – PFAS Legislation

        Federal Bill: HR 7788
        • Bill Name: An amendment to the Public Health Service Act  
        • Sponsors: Darren Soto
        • Introduced: 3/21/2024
        • Summary: The intent is to establish the Firefighter PFAS Injury Compensation Program. Eligible claimants shall submit a claim form (to be developed) and may testify in applying for compensation. The base award for cancer is $250,000; for non-cancer the base award is $50,000. Compensation under this title may be awarded only from amounts in the PFAS Trust Fund established under section 9512 of the Internal Revenue Code of 1986, which is to be amended with the creation of a PFAS Trust Fund. The bill proposes to impose on PFAS products sold by the manufacturer, producer, or importer thereof a tax equal to 10 percent of the price for which so sold. Additionally, there is also imposed a tax on any taxpayer that pays a qualifying PFAS litigation award during the taxable year in an amount equal to 10 percent of the present value of such award.
        • 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
        • Summary: Beginning on October 1, 2025, the head of an executive agency may not enter into a new contract for the procurement of a covered item that contains PFOS or PFOA. Covered items include: nonstick cookware and cooking utensils; furniture, carpets, and rugs treated with stain-resistant coatings.
        Federal Bill: HR 7944
        • Bill Name: Water Systems PFAS Liability Protection Act 
        • Sponsors: John Curtis
        • Introduced: 4/11/2024
        • Status: Referred to the Committee on Energy and Commerce.
        • Summary: Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to exempt certain entities from liability under the Act with respect to: (1) biosolids consistent with the Clean Water Act; (2) effluent in accordance with a permit issued under such Act; (3) water treatment residuals or any other byproduct of drinking water or wastewater treatment activities; or (4) a contractor performing the management or disposal activities for such an entity. The bill exempts from liability any person from recovering costs or damages from a protected entity for costs arising from a release to the environment of a non-polymeric PFAS that contains at least two sequential fully fluorinated carbon atoms. The bill exempts a covered perfluocarbon or polyfluoroyl substance from liability for costs relating to a release of such a substance from a publicly or privately-owned or operated treatment works.
        Federal Bill: HR 8074
        • Bill Name: Forever Chemical Regulation and Accountability Act of 2024 
        • Sponsors: Betty McCollum
        • Introduced: 4/18/2024
        • Status: Referred to the Committee on Energy and Commerce.
        • Summary: This bill intends to phase out production of nonessential uses of PFAS and to prohibit releases of all PFAS. The bill also proposes a provision for bankruptcy related to costs associated with CERCLA liability. Claims arising from PFAS exposure are labelled, “PBT claims.”
        Federal Bill: HR 8076
        • Bill Name: Clean Water Standards for PFAS Act of 2024 
        • Sponsors: Chris Pappas
        • Introduced: 4/18/2024
        • Status: Referred to the House Committee on Transportation and Infrastructure.
        • Summary: This bill intends to establish effluent limitations guidelines and standards and water quality criteria for PFAS under the Federal Water Pollution Control Act. Not later than 3 years after the date of enactment of this Act, the Administrator shall publish in the Federal Register human health water quality criteria under section 304(a)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1314(a)(1)) to address each measurable PFAS.
        State Bill: HB 5657 (MI)
        • Bill Name: Hazardous Products Act 
        • Sponsors: Penelope Tsernoglou
        • Introduced: 4/24/2024
        • Status: Introduced 4/24/2024
        • Summary: The bill requires notices and warnings if certain products contain PFAS, among other chemicals, and provides for civil sanctions and remedies. Beginning 2027, a manufacturer of any product sold that contains PFAS must disclose information regarding the presence of the PFAS. The bill also proposes a phased ban of products beginning in 2027.
        State Bill: AB 9853 (NY)
        • Bill Name: AN ACT to amend the Public Authorities Law 
        • Sponsors: Chris Burdick
        • Introduced: 4/24/2024
        • Status: Referred to Environmental conservation
        • Summary: New York’s environmental facilities corporation may award grants and loans to non-public entities for water quality projects that relate to the removal PFAS for a public water system which provides water to the public for human consumption through pipes or other constructed conveyances.
        State Bill: HB 2238 (PA)
        • Bill Name: AN ACT Amending Title 12 (Commerce and Trade) of the Pennsylvania Consolidated Statutes 
        • Sponsors: Scott
        • Introduced: 4/29/2024
        • Status: Referred to Environmental Resources and Energy
        • Summary: The bill provides consumer protection by prohibiting the use of PFAS in certain products. The bill proposes a phased ban of PFAS to begin in 2027.
        State Bill: SB 2723 (MA)
        • Bill Name: An Act studying the effect of per- and polyfluoroalkyl substances in commercial products 
        • Sponsors: Joint Committee on Environment and Natural Resources
        • Introduced: 4/16/2024
        • Status:Referred to committee on Senate Ways and Means
        • Summary: The department of public health, in consultation with department of environmental protection and the department of agricultural resources, shall procure or otherwise employ an external research organization, which has the capacity to study PFAS and the effect PFAS has on agricultural products produced and sold in the commonwealth.

        Updates on Previously Highlighted Bills


        None at this time

        John Gardella


        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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