May 2024 PFAS Legislative Developments

May Legislation Tracking (May 1 – May 31)

Current Trends in Legislation – May 2024

Federal Legislature

    • No new bills were introduced.

Federal Regulations

  • There were no significant developments in May, but in April the EPA released a final regulation designating PFOA and PFOS as hazardous under the nation’s Superfund law.

State Legislature

  • Fifteen bills were introduced.
  • Six states introduced bills.
  • Notable topics the legislature addressed include the presence of PFAS in water sources and packaging material.

State Regulations

  • Chapter 80: Reduction of Toxics in Packaging (ME) became effective 5/1/2024. (06-096 Ch. 80). This establishes a sales prohibition on the use of specific applications of intentionally added PFAS to certain types of food packaging. Specifically, “A manufacturer, supplier, or distributor may not offer for sale or for promotional purposes in the State food packaging intended for direct food contact comprised, in substantial part, of paper, paperboard, or other materials originally derived from plant fibers which are intended for short-term storage or to hold freshly prepared food, to which PFAS have been intentionally introduced in any amount greater than an incidental presence…”

New Bills This Period

PFAS Legislation


  • No bills introduced.


      • Fifteen (15) bills introduced.
      • One (1) in DC.
      • Two (2) in MN.
      • Three (3) in NJ.
      • Three (3) in NY.
      • Four (4) in NC.
      • Two (2) in VA.

      Signed into Law

      Two bills were passed into law related to PFAS in May 2024.

      • HB1153 (MD) was approved by the Governor 5/9/2024. This bill establishes limits for PFAS in any water discharged by industrial entities.
      • S25 (VT) was approved by the Governor 5/30/2024. This bill prohibits the sale of certain products, including cosmetics, menstrual products, and textiles containing intentionally-added PFAS.

        Highlighted Bills – PFAS Legislation

        State Bill: H 973 (NC)
        • Bill Name: Ban PFAS in Food Packaging 
        • Sponsors: Autry
        • Introduced: 5/1/2024
        • Status: Referred to the Committee on Appropriations
        • Summary: The bill intends to ban PFAS from certain products including food packaging. Manufacturers must issue a certificate of compliance to sellers within NC that food packaging is PFAS-free. This is to become effective 7/1/24.
        State Bill: S 9661 (NY)
        • Bill Name: AN ACT to amend the public health law 
        • Sponsors: Brian Kavanagh
        • Introduced: 5/16/2024
        • Status: Referred to Committee on Health
        • Summary: The bill proposes that a maximum contaminant level of the following be established for drinking water: 4 parts per trillion (ppt) for perfluorooctane sulfonic acid (PFOS) and perfluorooctanoic acid (PFOA); 10 parts per trillion (ppt) for perfluorononanoic acid (PFNA), perfluorohexane sulfonate (PFHxS), hexafluoropropylene oxide dimer acid (HFPO-DA), and perfluorobutane sulfonate (PFBS).
        State Bill: A 10510 (NY)
        • Bill Name: AN ACT to amend the general business law 
        • Sponsors: Phil Steck
        • Introduced: 5/29/2024
        • Status: Referred to Governmental Operations
        • Summary: The bill mandates a recall of any Class B firefighting foam that was distributed after 3/22/2022 that contained intentionally-added PFAS.
        State Bill: SR 99 (NJ)
        • Bill Name: A SENATE RESOLUTION urging the EPA to adopt drinking water standards 
        • Sponsors: Bob Smith
        • Introduced: 5/6/2024
        • Status:Referred to Senate Environment and Energy
        • Summary: The bill urges EPA to adopt drinking water standards for microplastics and nanoplastics pursuant to recent standards set for PFAS.
        State Bill: A 10184 (NY)
        • Bill Name: AN ACT to amend the environmental conservation law 
        • Sponsors: Phara Souffrant Forrest
        • Introduced: 5/10/2024
        • Status:Referred to Environmental Conservation
        • Summary: The bill prohibits the sale of medical adhesives and bandages containing PFAS and imposes a penalty for each day during which such violation continues.
        State Bill: A 4367 (NJ)
        • Bill Name: AN ACT concerning packaging and plastic products 
        • Sponsors: Alixon Collazos-Gill
        • Introduced: 5/16/2024
        • Status:Referred to Assembly Environment Natural Resources and Solid Waste Committee
        • Summary: The bill generally requires producers of plastic packaging and certain other plastic products to reduce the quantity of plastic sold, and amends the “Toxic Packaging Reduction Act” to prohibit the sale of packaging (and products that are packaged in packaging) that contains certain substances, PFAS.
        State Bill: S 832 (NC)
        • Bill Name: 2024 Safe Drinking Water Act 
        • Sponsors: Smith
        • Introduced: 5/2/2024
        • Status:Referred to Committee on Rules and Operations of the Senate
        • Summary: The bill requires the Commission for Public Health to establish maximum contaminant levels for certain toxic chemicals including PFAS in drinking water sources.
        State Bill: HF 5461 (MN)
        • Bill Name: A bill for an act relating to capital investment 
        • Sponsors: Hill
        • Introduced: 5/7/2024
        • Status:Referred to Capital Investment
        • Summary:The bill appropriates over $39 million to the Public Facilities Authority for a grant to the city of Stillwater to predesign, design, construct, and equip up to three water treatment plants, associated water mains and all other appurtenances to remove PFAS from city drinking water wells.

        Updates on Previously Highlighted Bills

        HB1153 (MD) was approved by the Governor 5/9/2024. This bill establishes limits for PFAS in any water discharged by industrial entities.
        S25 (VT) was approved by the Governor 5/30/2024. This bill prohibits the sale of certain products, including cosmetics, mistral products, and textiles containing intentionally-added PFAS.

        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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