Per- and polyfluoroalkyl Substances (PFAS) | State Legislation 2017-2018

6/29/2018

What Are PFAS?

Graphic representing chemicals.Per- and Poly-fluoroalkyls (PFAS) are a group of man-made chemicals not found naturally in the environment.

The PFAS group includes chemicals such as perfluorooctanoic acid (PFOA), perfluorooctanesulfonate (PFOS) and GenX. Produced since the 1950s, PFAS chemicals, used in food packaging, stain- and water-repellent fabrics, nonstick products such as Teflon, and in fire-fighting foams, have been linked to cancers and other health issues.

Since PFASs are man-made, there are no natural sources in the environment. They are found near areas where they are manufactured or where products containing PFAS are used. These chemicals can travel long distances, move through soil, seep into groundwater, or be carried through the air. They are also found in over 95 percent of people in this country.

The potential for health effects from PFAS in humans is not well understood. PFOS and PFOA have been studied more extensively than other PFAS chemicals. Studies have shown that animals exposed to PFAS at high levels resulted in changes in the function of the liver, thyroid, pancreas and hormone levels.

The Agency for Toxic Substances and Disease Registry (ATSDR) recently produced a toxicological profile on PFAS, outlining how people can be exposed and possibly harmed by these chemicals.  EPA established a health advisory--but not a regulatory standard—for PFAS in drinking water at 70 parts per trillion (ppt).

EPA is looking at regulating PFAS through federal statutes:

State Efforts

Several states are beginning to address PFAS chemicals. The North Carolina legislature enacted legislation funding the monitoring and treatment of PFAS, specifically the chemical GenX. A New York bill requires the department of health to perform biomonitoring studies (studying the extent of chemicals in people). The Washington Department of Health plans to test several hundred water systems in the state for trace contamination of more than a dozen chemicals found in some firefighting foams.

Michigan has adopted a groundwater maximum contamination level of 70 ppt for PFAS, which is in line with the EPA recommendation. New Jersey adopted a drinking water contamination level of 14 ppt, and Vermont adopted a level of 20 ppt.

PFAS State Legislation 2017-2018
STATE STATUS YEAR SUMMARY
California      
AB 958   2018 Requires a manufacturer of food packaging or cookware, as defined, that is sold in the state to visibly disclose on an exterior location of the food packaging or cookware packaging a specified statement relating to the presence of perfluoroalkyl and polyfluoroalkyl substances.
Michigan      
H 6185   2018 Requires fire departments to report use of firefighting foam containing PFAS; requires Department of Environmental Quality to accept foam for disposal.
H 6186   2018 Prohibits use of firefighting foam containing PFAS in training exercises; requires certain training use of PFAS-containing foam.
HCR 24   2018 Requests federal government release draft toxicological profile on PFAS, develop national environmental limit and increase coordination and funding support.
HR 228 Adopted 2018 Proposes a framework to guide agencies and ensure the most impactful and relevant decisions in the use of the funds contained in the supplemental budget for PFAS-related activities.
HR 351   2018 Calls on the Trump Administration to immediately release the draft toxicological profile on the dangers of PFAS to human health.
Minnesota      
SCR 35   2018 Requests the federal government release the draft toxicological profile on PFAS, develop a national environmental limit for PFAS, and increase coordination and funding support.
North Carolina      
S 4051/H 4485   2018 Relates to health; appropriates money to the Department of Health for upgrades to the Public Health Lab that will facilitate remedial investigations and response actions to address discharges of perfluorochemicals by 3M Company.
H 56 Chap. 209 2017 The General Assembly finds that the discharge of the poly"'fluoroalkyl chemical known as "GenX" in the Cape Fear River.
H 189/S 222   2018 Implements measures to address "GENX" and other emerging contaminants; directs the department of health and human services to consult on the process for the establishment of health goals for per- and polyfluoroalkyl substances; directs the department of environmental quality to cooperate with any audit of the NPDES permit program; directs the department of environmental quality to coordinate and share water quality data with states in the region.
H 972/S 724   2018 Implements measures to address per and poly fluoroalkyl substances, including GenX, and other emerging contaminants.
New Hampshire      
H 485   2018 The State will be required to set the drinking water standards and the ambient groundwater quality standards (AGQS) for PFOA (perfluorooctanoic acid) and PFOS (perfluorooctanesulfonate) to 20 parts per trillion (ppt), as compared to the current AGQS of 70 ppt.
H 1618   2018 Requires the department of environmental services to make rules relative to preflourinated chemicals in ambient water
H 1727   2018 Requires public water suppliers to monitor public water supplies for perfluorinated chemicals.
H 1766 To Governor 2018 The general court further finds that in view of bedrock testing due to begin in the Seacoast area during the summer of 2018, and in view of the impending first ever study of per and polyfluoroalkyl (PFAS) exposure, the general court shall be informed, on a regular basis, of contaminant monitoring and contaminant migration, and advised regarding new research on contaminant exposure and any developments in remediation technology.
H 1799   2018 Requires the department of health and human services to offer and pay for blood testing for perfluorinated chemicals for certain people
LSR 2093   2018 Relates to blood testing for individuals exposed to perfluorinated chemicals in private or public water supplies.
LSR 2094   2017 Relates to monitoring perflourinated substances (PFAS) in private wells and public water supplies.
LSR 2509   2018 Relates to ambient water quality standards and maximum contaminant levels for perfluorinated chemicals.
New York      
LSR 2974   2018 Relates to ambient water quality standards and maximum contaminant levels for certain perflourinated chemicals.
S 309 To Governor 2018 Requires the commissioner of the department of environmental services to adopt a state drinking water standard relative to perfluorochemicals; establishes a toxicologist position and a human health risk assessor position in the department of environmental services and makes an appropriation to fund the positions; establishes the criteria for setting maximum contaminant limits for public drinking water.
S 454   2018 Requires the department of environmental services to review existing scientific studies and implement rulemaking for ambient water quality standards and maximum containment levels for specific perfluorinated chemicals
A 6664/S 5198   2018 Authorizes the village of Hoosick Falls, county of Rensselaer, to issue certain bonds to reimburse the village for extraordinary expenses incurred in connection with the discovery of perfluorooctanoic acid (PFOA).
A 11181/S 8575   2018 Relates to reducing the use of PFAS chemicals in firefighting activities.
S 178   2017 Establishes a fund to benefit the residents of Hoosick Falls, Hoosick, and Petersburgh regarding medical monitoring expenses for those exposed to PFOA (perfluorooctanoic acid) contaminated water.
S 195   2017 Authorizes and directs the commissioner of the Department of Health to conduct biomonitoring on the residents of Hoosick Falls, Hoosick, and Petersburgh regarding PFOA (perfluorooctanoic acid) contamination.
S 4386   2017 Authorizes the Department of Health to establish maximum levels for perfluoroalkyl carboxylic acids (PFCAs) and (PFSAs) perfluoroalkyl sulfonic acids in public drinking water.
S 5198 Chap. 245 2017 Authorizes the village of Hoosick Falls, county of Rensselaer, to issue certain bonds to reimburse the village for extraordinary expenses incurred in connection with the discovery of perfluorooctanoic acid (PFOA).
S 8408   2017 Relates to an assessment of alternatives to eliminate or reduce perfluorooctanoic acid in Petersburgh water supply.
S 8576   2018 Amends the Environmental Conservation Law; relates to the use of perfluoroalkyl and polyfluoroalkyl chemicals in food packaging.
Pennsylvania      
H 1640   2017 The Governor shall have emergency authority in accordance with 35 Pa.C.S. § 7301 (relating to general authority of Governor) to declare any municipality a special drinking water resource-impacted community based on the discovery of a release or threatened release of hazardous substances, a polyfluoroalkyl substance or perfluorinated chemical, including, but not limited to, perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA), if PFOS and PFOA are present in groundwater or surface water measured at or above 15 parts per trillion, individually or in the aggregate, or other pollutants in or to the municipality's public water supply system.
HR 682 Adopted 2018 Urges the United States Secretary of Health and Human Services to select the former Naval Air Station Joint Reserve Base Willow Grove and the former Naval Air Warfare Center Warminster and Horsham, Warrington and Warminster Townships for an exposure assessment and study on human health implications of perfluoroalkyl and polyfluoroalkyl substances contamination.
Rhode Island      
H 7732/S 2654   2018 Would prohibit PFAS, a class of fluorinated organic chemicals, from being used in food packaging.
Vermont      
S 103 Vetoed 2018 Bill would prohibit the manufacture, sale, or distribution in the state of dental floss or food contact substances that contain perfluorooctanesulfonic acid (PFOA).
Washington      
H 1744   2018 Concerns the use of perfluorinated chemicals in food packaging.
H 2658/S 6396 Chap. 138 2018 Revises provisions relating to the use of perfluorinated chemicals in food packaging; prohibits the manufacture and sale of food packaging to which PFAS chemicals have been intentionally added in any amount.
S 6413 Chap. 286 2018 Establishes criteria to reduce certain chemicals in firefighting activities; restricts the manufacturing, selling, and distributing of Class B firefighting foam to which PFAS chemicals have been intentionally added; requires a recall of Class B firefighting foam products and reimbursements to retailers; provides that the department shall assist local entities in giving priority and preference to the purchase of firefighter personal protective equipment without PFAS chemicals; provides for civil liabilities.

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