May ’21 PFAS Legislative Developments

April/May Legislation Data (April 1 2021 – May 21, 2021)

Current Trends in Legislation – April/May 2021

Water Safety and PFAs

  • States involved: AK, NC
  • Key point addressed: Identifying Maximum contaminant limits and enforcing the regulation on PFAs levels.

PFAS and Firefighting Foam Related Bills

  • States Involved: AK, LA, MA, MI, PA
  • Key point addressed: Prohibition of firefighting foam containing PFAS

Food Packaging and PFAS

  • State Involved: MA
  • Key point addressed: The ban and restriction of PFAS use in food packaging

New Topics in Legislation

PFAs Concerns in Common Apparel

  • State Involved: NY
  • Key Point: To stop the manufacturing of clothing items containing PFAS as intentionally added chemicals.

Highlighted Bills – PFAS Legislation

Federal
Federal Legislature Bill: H.R. 3291
  • Bill: To amend the Safe Drinking Water Act.
  • Sponsors: Sen. Paul Tonko (NY)
  • Introduced: 5/18/2021
  • Status: (5/18/2021) Referred to the House Committee on Energy and Commerce
  • Summary: To provide assistance for State’s territories areas affected by natural disasters and water systems and schools affected by PFAS or lead and to require the Environmental Protection Agency to promulgate national primary drinking water regulations for PFAS microcystin toxin and 14-dioxane and for other purposes.
  • Notes: Bill text not yet provided. To supplement once available.
Federal Legislature Bill: S. 1121
  • Bill: PFAS Registry Act of 2021
  • Sponsors: Sen. Jeanne Shaheen (NH)
  • Introduced: 4/14/2021
  • Status: (4/4/2021) Read twice and referred to the Committee on Veterans’ Affairs
  • Summary: A bill to require the Secretary of Veterans Affairs to establish and maintain a registry for certain individuals who may have been exposed to per- and polyfluoroalkyl substances due to the environmental release of aqueous film-forming foam on military installations.
State
Bill: HD2071 (Massachusetts)
  • Bill Name: An Act to ban the use of PFAS in Food Packaging
  • Sponsors: Jack Patrick Lewis
  • Introduced: 4/6/2021
  • Status: None provided
  • Summary: SECTION 2. Chapter 94B of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after Section 10 the following section:
    • (b) No person or entity shall manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in the commonwealth food packaging to which perfluoroalkyl and polyfluoroalkyl substances have been intentionally added in any amount.
    • (c) A certificate of compliance stating that a package or packaging component is in compliance with the requirements of this act shall be furnished by its manufacturer or supplier to its purchaser. The certificate of compliance shall be signed by an authorized official of the manufacturing or supplying company. The purchaser shall retain the certificate of compliance for as long as the package or packaging component is in use. A copy of the certificate of compliance shall be kept on file by the manufacturer or supplier of the package or packaging component. Certificates of compliance, or copies thereof, shall be furnished to the department of public health upon request and to members of the public in accordance with section 9.

      If the manufacturer or supplier of the package or packaging component reformulates or creates a new package or packaging component, the manufacturer or supplier shall provide an amended or new certificate of compliance for the reformulated or new package or packaging component.

  • Notes: See related bill SD1120 (An Act relative to chemicals in food packaging)
Bill: HB171 (Alaska)
  • Bill Name: PFAS Use & Remediation; Fire/Water Safety
  • Sponsors: Hannan
  • Introduced: 4/12/2021
  • Status: (4/28/2021) Heard and held – Resources at 1:00 PM hearing.
  • Summary: An Act relating to pollutants; relating to perfluoroalkyl and polyfluoroalkyl substances; relating to the duties of the Department of Environmental Conservation; relating to firefighting substances; relating to thermal remediation of perfluoroalkyl and polyfluoroalkyl substance contamination; and providing for an effective date.
    • Sec. 46.03.340. Testing; drinking water. (a) The department shall ensure the responsible party tests for perfluoroalkyl substances and polyfluoroalkyl substances in all drinking water used in the state that is in a water supply located in the state when a perfluoroalkyl substance or polyfluoroalkyl substance is released in the area of the water supply. If a test conducted under this subsection detects a perfluoroalkyl substance or polyfluoroalkyl substance at a level equal to or greater than the limit described in (b) of this section, the department shall ensure the responsible party provides a person who routinely uses the tested drinking water, at no cost to the person,
      • (1) a source of drinking water containing levels of perfluoroalkyl substances and polyfluoroalkyl substances lower than the limits described in (b) of this section; and
      • (2) at least one voluntary test of the person’s blood to determine the person’s exposure to perfluoroalkyl substances and polyfluoroalkyl substances.
Bill: A7063 (New York)
  • Bill Name: Prohibits the use of perfluoroalkyl and polyfluoroalkyl substances in common apparel.
  • Sponsors: Patricia Fahy
  • Introduced: 4/21/2021
  • Status: (4/21/2021) Referred to Environmental Conservation
  • Summary: § 37-0121. Prohibition against the use of perfluoroalkyl and polyfluoroalkyl substances in common apparel.
    • 1. No person shall manufacture, distribute, sell, or offer for sale in this state any common apparel containing perfluoroalkyl and polyfluoroalkyl substances as intentionally added chemicals.
    • § 3. This act shall take effect December 31, 2023. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.

Updates on Previously Highlighted Bills

Federal
Federal Legislature Bill: S. 231

Bill: S. 231 (Federal)

  • Bill: PFAS Act
  • Sponsors: Sen. Gary Peters (MI)
  • Introduced: 2/4/2021
  • Status: (5/10/2021) Placed on Senate Legislative Calendar under Genera Orders. Calendar No. 55
    • Summary: A Bill to Direct the Administrators of FEMA to develop guidance for firefighters and other emergency response personnel on best practices to protect them from exposure to PFAS and to limit and prevent the release of PFAS into the environment, and for other Purposes.SEC. 2. GUIDANCE ON HOW TO PREVENT EXPOSURE TO AND RELEASE OF PFAS.
    • (a) In General.— Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency, in consultation with the Administrator of the United States Fire Administration, the Administrator of the Environmental Protection Agency, the Director of the National Institute for Occupational Safety and Health, and the heads of any other relevant agencies, shall—
      • (1) develop and publish guidance for firefighters and other emergency response personnel on training, education programs, and best practices to—
        • (A) reduce the exposure to per- and polyfluoroalkyl substances (commonly referred to as “PFAS”) from firefighting foam and personal protective equipment; and
        • (B) limit or prevent the release of PFAS from firefighting foam into the environment;
      • (2) develop and issue guidance to firefighters and other emergency response personnel on alternative foams, personal protective equipment, and other firefighting tools and equipment that do not contain PFAS; and
      • (3) create an online public repository, which shall be updated on a regular basis, on tools and best practices for firefighters and other emergency response personnel to reduce, limit, and prevent the release of and exposure to PFAS.
State
Bill: S. 231 (Federal)
  • Bill: PFAS Act
  • Sponsors: Sen. Gary Peters (MI)
  • Introduced: 2/4/2021
  • Status: (5/10/2021) Placed on Senate Legislative Calendar under Genera Orders. Calendar No. 55
  • Summary: A Bill to Direct the Administrators of FEMA to develop guidance for firefighters and other emergency response personnel on best practices to protect them from exposure to PFAS and to limit and prevent the release of PFAS into the environment, and for other Purposes.
    • SEC. 2. GUIDANCE ON HOW TO PREVENT EXPOSURE TO AND RELEASE OF PFAS.
      • (a) In General.— Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency, in consultation with the Administrator of the United States Fire Administration, the Administrator of the Environmental Protection Agency, the Director of the National Institute for Occupational Safety and Health, and the heads of any other relevant agencies, shall—
        • (1) develop and publish guidance for firefighters and other emergency response personnel on training, education programs, and best practices to—
          • (A) reduce the exposure to per- and polyfluoroalkyl substances (commonly referred to as “PFAS”) from firefighting foam and personal protective equipment; and
          • (B) limit or prevent the release of PFAS from firefighting foam into the environment;
      • (2) develop and issue guidance to firefighters and other emergency response personnel on alternative foams, personal protective equipment, and other firefighting tools and equipment that do not contain PFAS; and
      • (3) create an online public repository, which shall be updated on a regular basis, on tools and best practices for firefighters and other emergency response personnel to reduce, limit, and prevent the release of and exposure to PFAS.
Bill: AB652 (California)
  • Bill: An Act to Add Chapter 12.5 to Part 3 of Division 104 of the Health and Safety Code, relating to product safety.
  • Sponsors: Firedman
  • Introduced: 2/12/2021
  • Status: (5/20/2021) In Senate. Read fits time. To Committee on Rules for Assignment. Assembly amended for 2nd time on 5/13/2021.
  • Summary: This bill would, on and after July 1, 2023, prohibit a person, including a manufacturer, from selling or distributing in commerce in this state any new, not previously owned, juvenile product, as defined, that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS), as defined. The bill would require a manufacturer to use the least toxic alternative when replacing PFAS chemicals in a juvenile product.
Bill: S20 (Vermont)
  • Bill name: An act relating to restrictions on perfluoroalkyl and polyfluoroalkyl substances and other chemicals of concern in consumer products
  • Sponsors: Sen. Virgnina Lyons
  • Introduced: 1/13/2021
  • Status: (5/19/2021) Signed by the governor on 5/18/2021. Now signed into law.
  • Summary:
    • § 1662. PROHIBITION OF CERTAIN CLASS B FIREFIGHTING FOAM A person, municipality, or State agency shall not discharge or otherwise use for training or testing purposes class B firefighting foam that contains intentionally added PFAS.
    • § 1663. RESTRICTION ON MANUFACTURE, SALE, AND DISTRIBUTION; EXCEPTIONS
      • (a)(1) Unless otherwise required under federal law, but not later than October 1, 2023, a manufacturer of class B firefighting foam shall not manufacture, sell, offer for sale, or distribute for sale or use in this State class B firefighting foam to which PFAS have been intentionally added
      • (2) Notwithstanding subdivision (1) of this subsection, the restriction on the manufacture, sale, offer for sale, or distribution of class B firefighting foam 2021 containing intentionally added PFAS for use at a terminal shall not apply until January 1, 2024.
      • (b) A person operating a terminal after January 1, 2024, and who seeks to purchase class B firefighting foam containing intentionally added PFAS for the purpose of fighting emergency class B fires, may apply to the Department of Environmental Conservation for a temporary exemption from the restrictions on the manufacture, sale, offer for sale, or distribution of class B firefighting foam for use at a terminal. An exemption shall not exceed one year.
Bill: HB271 ( New Hampshire)
  • Bill Name: Relative to standard for Per and Polyfluoroalkyl substances (PFAS) in drinking water and ambient groundwater.
  • Sponsors: Rosemarie Rung
  • Introduced: 1/9/2021
  • Status: (5/20/2021) Committee Report: Ought to Pass on 5/27/2021; SC 25. Special Order to Next Session without objection.
  • Summary: AN ACT relative to standards for PFAS in drinking water and ambient groundwater. This bill directs the department of environmental services to set maximum contaminant limits for PFAS.
    • II. A device that emits to the air any [PFCs] PFAS or precursors that have caused or contributed to an exceedance of an ambient groundwater quality standard or surface water quality standard as a result of the deposition of any such [PFCs] PFAS or precursors from the air, shall be subject to the determination and application of best available control technology. Within 6 months of the department determining that the device is subject to such control technology, the owner of the device shall submit to the department an application for a permit. Within 12 months of permit issuance, the applicant shall complete construction and installation of controls consistent with the permit. Operation of the source may continue through the permitting, construction, and installation time period. A source which can demonstrate to the department that its device no longer contributes to an exceedance of an ambient groundwater quality standard or surface water quality standard shall be exempt from this section.
    • III. The construction, installation, or modification of any device that has the potential, based on an applicability threshold adopted by the department, to cause or contribute to an exceedance of an ambient groundwater quality standard or surface water quality standard as a result of the deposition of any [PFCs] PFAS or precursors from the air, shall be prohibited without first applying for and obtaining a permit from the department that establishes emission limitations for such device based on best available control technology.
    • IV. Part of the initial application for a permit under this section shall include an analysis of best available control technology for controlling emissions. Any permit issued shall contain inspection, testing, and reporting requirements, as applicable, to ensure the conditions of the permit are met.

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.

Tori Paiva

Litigation Paralegal

Prior to joining the CMBG3, Tori worked as a litigation paralegal at a nationally prominent law firm in Boston that focused in personal injury, general liability, workers compensation and social security disability. During her time there, Tori was able to work closely with attorneys and handled a large number of cases individually

Amaran Toppa

Director of Client Relations & Development

Amaran Toppa joined CMBG3 in 2017 after almost three years in the investment management industry. In addition to her time in the financial sector, Amaran has over 15 years of experience working with law firms who have handled Real Estate, Municipal law, Insurance, Toxic Tort, Criminal and Civil matters. As the Director of Client Relations and Development at CMBG3, Amaran’s focus is to provide superior support and service to the firm’s clientele. She also works closely with CMBG3’s Government Affairs team and is a registered lobbyist

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