February 2025 PFAS Legislative Developments

February Legislation Tracking (February 1 – February 28)

Current Trends in Legislation – February 2025

Federal Legislature

    • One new bill was introduced.

State Legislature

  • 85 bills were introduced across 23 states.
  • Topics include: Regulating PFAS in water; PFAS product bans; Regulating and restricting the use of PFAS in firefighting foam; Regulating PFAS in cosmetics; Appropriations relating PFAS mitigation; Limited exemptions from PFAS liability; Taxation on PFAS.

New Bills This Period

PFAS Legislation

Federal

  • One new bill introduced.

    State

      • 85 bills introduced.
      • 2 in AZ
      • 5 in CA
      • 1 in CT
      • 1 in FL
      • 1 in GA
      • 2 in HI
      • 6 in IL
      • 1 IA
      • 2 in ME
      • 2 in MD
      • 7 in MA
      • 27 in MN
      • 2 in MO
      • 2 in NV
      • 1 in NJ
      • 7 in NY
      • 3 in OK
      • 1 in OR
      • 1 in PA
      • 3 in RI
      • 1 in SC
      • 5 in VT
      • 2 in WI

      Signed into Law

      SB 1319 (VA) was signed into law. The law requires any facility deemed to be a potential source of PFAS in the public to report on its manufacture or use of PFAS, if the facility discharges to a surface water.

          Highlighted Bills – PFAS Legislation

          Federal
          State
          State Bill: SB 682 (CA)
          • Bill Name: An Act relating to Environmental Health: Product Safety 
          • Sponsors: Senator Allen
          • Introduced: 2/21/2025
          • Status: Referred to Committees on Environmental Quality and Health
          • Summary: The bill generally proposes to add future prohibitions on the distribution of products that contain PFAS. Specifically, the bill prohibits a person from distributing, selling, or offering for sale a covered product that contains intentionally added PFAS, except for previously used products and as otherwise preempted by federal law, beginning in 2027. The bill also requires the Department of Toxic Substances Control, on or before January 1, 2029, to adopt regulations that establish a process to identify a chemical or chemical ingredient in consumer products that may be considered as being considered as a consumer concern.
          State Bill: HB 611 (GA)
          • Bill Name: Forever Chemicals Transparency Act 
          • Sponsors: Eddie Lumsden
          • Introduced: 2/24/2025
          • Status: Referred to Natural Resources & Environment
          • Summary: The bill proposes to require publicly owned treatment works to seek information from industrial users relating to the manufacture or use of PFAS, to determine extent of possible contamination. Any industrial user or significant industrial user discharging or proposing to discharge PFAS into a publicly owned treatment works shall have a duty to disclose the discharge or proposed discharge of PFAS.
          State Bill: HF 588 (IA)
          • Bill Name: An Act prohibiting the use manufacture distribution and sale of consumer products 
          • Sponsors: Representative Croken
          • Introduced: 2/25/2025
          • Status: Referred to Health and Human Services
          • Summary: The bill proposes to prohibit the manufacture, distribution, and sale of various consumer products containing PFAS, beginning in 2026. Products include but are not limited to food packaging, cleaning products, cookware. As part of the proposed phase-out, manufactures of various products are required to disclose information regarding their products’ inclusion or use of PFAS.
          State Bill: HB 2516 (IL)
          • Bill Name: PFAS Product Ban 
          • Sponsors: Abdelnasser Rashid
          • Introduced: 2/3/2025
          • Status: Referred to Energy & Environment
          • Summary: The bill amends the PFAS Reduction Act. It provides that, beginning in 2026, a person may not sell, offer for sale, or distribute for sale the following products if the product contains intentionally added PFAS: (1) cookware, (2) cosmetics, (3) dental floss, (4) juvenile products, (5) menstrual products, and (7) food packaging or food contact products.
          State Bill: HB 2954 (IL)
          • Bill Name: PFAS TRUST Act 
          • Sponsors: Abdelnasser Rashid
          • Introduced: 2/5/2025
          • Status: Assigned to Energy & Environment Committee
          • Summary: The bill creates the Taxpayer Relief from Ubiquitous Synthetic Toxics (TRUST) Act. The bill seeks to impose a tax on PFAS manufacturers to fulfill the purposes of this Act. It creates the PFAS Fund as a special fund to include settlements from enforcement actions brought by the Attorney General. The bill provides for a PFAS Grant Program funded by the Fund to cover PFAS-related costs of eligible entities as determined by the Environmental Protection Agency.
          State Bill: HB 2955 (IL)
          • Bill Name: PFAS Wastewater Citizen Protection Act 
          • Sponsors: Abdelnasser Rashid
          • Introduced: 2/5/2025
          • Status: Introduced
          • Summary: The bill states that wastewater agencies do not manufacture, intentionally use, or sell PFAS, but are in fact passive receivers of PFAS, required to accept wastewater containing PFAS. The bill expressly states that neither wastewater agencies nor their customers should bear liability or costs relating to PFAS, but that manufacturers of PFAS should be held responsible for all liability and costs relating to PFAS. The bill establishes the PFAS Wastewater Citizen Protection Committee to monitor developments regarding PFAS regulation and determine how to best implement infrastructure and policy to adhere to state of the art knowledge.
          State Bill: HD 3814 (MA)
          • Bill Name: An Act protecting our soil and farms from PFAS contamination 
          • Sponsors: James C. Arena-DeRosa
          • Introduced: 1/17/2025
          • Status: Introduced
          • Summary: The bill proposes that an individual or entity engaged in the practice of farming shall be immune from suit and civil liability for any damages resulting from claims based on harms caused by PFAS present in soil, water or agricultural products as a result of standard agricultural practices. The bill establishes the Agricultural PFAS Relief Fund, which shall be used exclusively to assist farmers who have suffered losses or incurred costs resulting from standard agricultural practices that may have resulted in the actual or suspected presence of PFAS in soil, water or agricultural products.
          State Bill: SP 265 (ME)
          • Bill Name: An Act to Require Health Insurance Carriers to Provide Coverage for Blood Testing for PFAS 
          • Sponsors: Stacy Brenner
          • Introduced: 2/19/2025
          • Status: Referred to the Committee on Health Coverage Insurance
          • Summary: The bill proposes to require that a carrier offering a health plan shall provide coverage for blood testing for PFAS that is recommended by a provider as medically necessary health care for an enrollee. For the purposes of this bill, blood testing for PFAS is presumed to be medically necessary health care for an enrollee if a provider determines that the enrollee meets clinical guidelines for blood testing for PFAS established by the National Academies of Sciences, Engineering, and Medicine.
          State Bill: HF 726 (MN)
          • Bill Name: PFAS gross revenues tax 
          • Sponsors: Representative Lee
          • Introduced: 2/13/2025
          • Status: Introduced
          • Summary: The bill proposes to impose a tax on the total amounts received in money or otherwise by the manufacture or retail sale of products containing PFAS. The tax is intended to provide funds for environmental cleanup around the state.
          State Bill: SB 271 (OK)
          • Bill Name: The Oklahoma PFAS Act 
          • Sponsors: Senator Rader
          • Introduced: 2/3/2025
          • Status: Introduced
          • Summary: The bill provides certain exemptions for “passive receivers” of PFAS from liability stemming from contamination. Public water systems and treatment works facilities are two such exempt entities.
          State Bill: H 238 (VT)
          • Bill Name: An act relating to the phaseout of consumer products 
          • Sponsors: Amy Sheldon
          • Introduced: 2/18/2025
          • Status: Referred to the Committee on Environment
          • Summary: The bill proposes to phase out and ultimately prohibit the manufacture, sale, or distribution for sale of consumer products containing PFAS. The bill allows a consumer harmed by a consumer product containing PFAS to bring a consumer protection action for damages. The bill proposes to establish a multijurisdictional clearinghouse to coordinate applications and reviews of the manufacturer obligations under this bill. The clearinghouse would also maintain a database of all products containing PFAS.

          Updates on Previously Highlighted Bills

          Federal
          State
          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

          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.

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          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.

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          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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