Sixty-five bills regarding asthma were introduced in 13 states, with 16 being enacted or adopted in eight states.
California and Michigan both recognized Asthma Awareness Month (CA ACR 68; MI HR 108 and HR 330). The Pennsylvania legislature adopted May as Asthma Awareness Month (HR 896) and recognized May 1, 2018, as World Asthma Day (HR 863).
Arizona enacted two bills related to asthma. HB 2085 allows for a school employee to administer epinephrine injectors. HB 2323 authorizes a nurse under contract with a school to administer an inhaler to students in respiratory distress and receive civil immunity.
Illinois enacted three asthma bills. SB 1846 requires the Department of Public Health to include asthma in the standard school health examination. SB 3015 amends the school code to authorize a school nurse or trained personnel to provide asthma medication to a student. The state also enacted the Epinephrine Administration Act (SB 2889) that allows a health care practitioner to prescribe epinephrine pre-filled syringes and provides for entities to acquire and stock supply of undesignated epinephrine pre-filled syringes.
Maryland amended the Emergency Use Auto Injectable Epinephrine Program (HB 1473) to authorize the storage of auto-injectable epinephrine at certain institutions of higher education. Nebraska’s L 487 provides immunity protections with respect to asthma and allergic reactions. The Wisconsin Legislature specified the requirements for authorized individuals to supply and use epinephrine auto-injectors (A 96).
Legislatures introduced 86 bills related to body art. Eleven states enacted/adopted 20 bills regarding body art, tattooing or cosmetics.
Alaska adopted HCR 26 relating to a limited license to practice non-chemical barbering. California AB 2134 authorizes students enrolled in cosmetology course to work as an extern. California SB 1249 bans the sale of any cosmetics that were tested on animals. AB 1659 prohibits the holder of an inactive healing art license to claim they have an active license.
In Idaho, the legislature enacted the Barber and Cosmetology Services Act and Licensing Board (SB 1324) to require training and licensing for cosmetology professionals. Illinois’ SB 2877 permits an applicant to take the licensure examination after completing a certain number of hours of study. HB 4883 specifies that applicants need 1200 hours of study to take the barbers’ or cosmetology exam.
The Kentucky legislature clarified that barbers who provide services for hospice or deceased persons must be licensed (H 260). Missouri’s HB 1500 establishes guidelines for all licensed professions in the state.
Nebraska’s L 731 amends the Cosmetology, Electrology, Esthetics, Nail Technology and Body Art Practice Act to include mobile cosmetology salons. L 299 seeks to harmonize occupational licensing.
New Jersey revised its licensing requirements to exempt hair braiding (A 3754). New Hampshire exempts hair braiding as well (HB 82). HB 586 makes technical amendments to the regulation and licensing of body art practitioners.
South Dakota’s SB 30 authorizes municipalities to adopt sanitary standards for tattoo and body piercing establishments including the regulation of the practice of microblading.
Virginia enacted four bills regarding body art. HB 555 affirms that the term cosmetologist does not include hair braiding requiring a license. HB 790 exempts persons who perform blow drying, arranging, dressing or curling hair from a barbers’ or cosmetologists’ license. SB 906 and HB 1554 establish the title of Master Barber for persons who perform waving, shaping, bleaching, relaxing, or straightening upon human hair; performs similar work on a wig or hairpiece, or performs waxing limited to the scalp.
Children’s Environmental Health
Eight bills were adopted and 36 were enacted in 18 states regarding Children’s Environmental Health (CEH).
Arizona had two bills regarding asthma inhalers at schools (H 2085 and H 2323).
California adopted SCR 52 declaring the fourth week of April as Every Kid Healthy week to address childhood obesity and promote healthy lifestyles.
California enacted seven bills related to CEH, four relating to lead poisoning. SB 1041 requires the Department of Health to report on the number of children enrolled in MediCal who have had blood lead screening tests. SB 1097 requires the department to incorporate lead poisoning data into its Healthy Communities Data and Indicators project. AB 1316 changes the definition of lead poisoning to include concentrations of lead in arterial or cord blood and establishes a standard of care including the risk factors for whether a child is at risk for lead poisoning. AB 2370 requires child day care facilities, upon enrolling or reenrolling any child, to provide the parent with written information on the risks and effects of lead exposure and blood lead testing recommendations.
The legislature also authorized schools to work with air districts to reduce toxic air emissions (AB 2453) and required the Department of Pesticide Regulation to submit reports on the implementation of the Healthy Schools Act (AB 2816). AB 1342 authorizes the governing board of a school district to enter into a Go Low Flow Water Conservation Partnership with a public water system for purposes of reducing water use at schools.
The legislature in Illinois enacted five bills and adopted two on CEH. The legislature is urging the state to monitor and actively participate in federal crumb rubber testing to ensure it is safe for indoor and outdoor recreational facilities (SR 118). HR 790 urges home economics be brought back to high school curriculums, including provisions the effects of food on well-being and risk for chronic disease.
Three bills in Illinois address asthma medications in schools, (SB 1846, SB 2889, SB 3015). The fourth bill (SB 1943) addresses environmental protection, including waivers for testing of potable water for lead in schools. The final bill, HB 4685 provides that a student or participant in a youth camp may possess and use a topical sunscreen product while on school property or activity or youth camp.
Indiana enacted HB 1073 regarding Child Care Location and Safety. This law prohibits the granting of a license of a child care home if the previous license was revoked. It also requires all weapons to be inaccessible to children in child care settings.
The Louisiana legislature requested the Department of Health to test drinking water at elementary schools and report the results to the legislature (HR 221).
Maryland’s HB 427 allows students to possess and use sunscreen on school property. Michigan’s HB 5379 also allows students to bring sunscreen to school.
Michigan’s SB 181 revises provisions relating to the licensing of child care organizations. Nebraska changed immunity provisions for asthma and allergens for schools and early childhood education (L 487).
New Hampshire’s SB 247 requires landlords to install lead-reducing filters on faucets if the water exceeds EPA standards on lead. New Jersey’s AB 4120 authorizes special assessments and bonds to replace lead water service lines.
New York also enacted laws on lead poisoning. SB 7295 authorizes the Commissioner of Health to take enforcement actions in areas of lead poisoning. SB 7292 requires the City Transit Authority to report on projects to remove lead-based paint.
The legislature also amended the state’s Public Health Law to allow children to carry and apply insect repellent at camps (SB 6710).
Oklahoma (SB 950), Ohio (H 49) and Pennsylvania (HB 1228) enacted laws allowing students and school employees to bring and apply sunscreen to protect students from the sun.
Rhode Island enacted two laws related to children’s products and upholstered furniture. SB 166 and HB 5082 prohibits the sale, manufacturing and distribution of furniture that contains bromide or chlorine bonded to carbon. SB 2179 requires all school buildings where students are in attendance to have carbon monoxide detectors installed and maintained. The state amended its Public Health and Workplace Safety Act to address electronic smoking devices (SB 2228).
Pennsylvania adopted two resolutions. HR 228 designates July as Ultraviolet Safety Month and HR 700 declares April 3 as National Healthy Schools Day. Tennessee also adopted a resolution to commemorate National Healthy Schools Day 2018 (HCR 712).
Tennessee SB 619 requires each local board of education to develop a policy to implement a program to reduce the sources of lead contamination in drinking water in public schools.
Utah (SB 11) amended the Public Education Code, including sections on children’s health and their environment.
The legislature in Washington enacted three bills related to CEH. HB 1017 addresses the siting of schools and school facilities. HB 1095 relates to protecting children and animals from poisoning by antifreeze products, and SB 5405 allows any person to possess sunscreen products to help prevent sunburn while on school property, at a school-related event or activity, or at summer camp and encourages schools to educate students about the sun safety guidelines.
In Wisconsin, the legislature enacted AB 96 relating to the use of epinephrine auto-injectors at schools by authorized individuals.
Drinking Water, Swimming Pools and Water Quality
Of the 595 bills introduced on drinking water, legislatures in 29 states enacted 97 bills and adopted twelve.
Alabama enacted SB 180, which requires a public water system to notify the state before initiating any permanent changes to fluoridation in their water supply. Arizona’s SB 1042 directs the State Fire Marshal’s office to require backflow protections to prevent contamination of drinking water.
California enacted 29 bills related to drinking water. AB 277 establishes the water and wastewater loan and grant program. AB 355 defines the parameters of a publicly-owned water treatment system for rural areas. AB 574 specifies that direct potable reuse includes raw water augmentation and treated drinking water augmentation.
The legislature authorized the State Water Resources Control Board to provide funding from the State Drinking Water Revolving Fund for severely disadvantaged communities for their drinking water systems (AB 560 and AB 2541). SB 606 requires an urban retail water supplier to calculate an urban water use objective versus its actual urban water use. SB 998 prohibits residential water service from being disconnected under specified circumstances. AB 1342 authorizes the governing board of a school district to enter into a Go Low Flow Water Conservation Partnership with a public water system for purposes of reducing water use at schools.
The State Water Resources Control Board can order water districts to consolidate if a district is not adequately providing water services to the public (AB 2501). The cities of El Monte, Montebello and Willows can sell their water services in order to consolidate their water districts (AB 2339). The Sativa-Los Angeles County Water District must accept administrative and managerial services from an administration selected by the state board (A1577). The board also must adopt standards for backflow protection and cross-connection control (AB 1671), and AB 1668 requires the board to adopt long term standards for the efficient use of water and performance measures for certain water uses.
Municipal water districts are now authorized to provide water services to Indian lands outside their district (A1361).
AB 2900 authorizes the State Water Resources Control Board to approve a preliminary technical report for construction of any water-related improvements. It also requires discussions of each adjacent community water system's feasibility of supplying domestic water to the proposed new service area.
Colorado amended its Drinking Water Project Eligibility List (SJR 3). HB 1069 establishes control regulations for reuse of reclaimed domestic wastewater. In Connecticut, H 5509 requires municipalities serviced by a private water company to protect seniors, veterans, and low-income families from foreclosure due to sewer fees. The District of Columbia’s D.C. B 29 requires the installation of filters on sources of water to reduce lead in public schools.
Iowa’s SB 512 establishes a Water Quality Infrastructure Fund, which includes a water quality financing program, provides for cost-share programs relating to infrastructure on agricultural and urban land, and establishes a water service excise tax and a related sales tax exemption.
Illinois adopted HR 94 to encouraged to testing legionella in local school water systems. Louisiana is testing drinking water at elementary schools (HR 221).
In Louisiana, community water systems must maintain records of complaints, require training in compliance and management in certain instances, and provide to the state health officer health data regarding the regulation of community water systems (HB 894).
The legislature in Maine limited the fee which the Health and Environmental Testing Laboratory may charge for the testing of a residential private drinking water well (H 1327). Maryland’s SB 468 requires landlords to provide information to prospective renters on water and sewer bills owed by tenants. SB 426 directs the Maine State Housing Authority to distribute state funds to organizations and agencies to identify at-risk individuals in homes with contaminated wells and assist eligible low-income homeowners with the purchase of well water.
Michigan’s HB 4541 provides for the duties of the Department of Environmental Quality over public water supplies, including water treatment and distribution systems. It also requires that public water supplies be overseen by a certified water treatment operator. HB 5406 establishes the Water Asset Management Council.
Minnesota’s H 3660 establishes the Water Quality and Sustainability Account which provides for the testing of private wells.
Nebraska changed the powers and duties of its Department of Environmental Quality regarding the Drinking Water Revolving Fund (L 182).
The legislature in New Hampshire enacted HB 431 which establishes a commission to study the long-term goals and requirements for drinking water sources along the seacoast. SB 453 changes the criteria for drinking water grant programs and requires a municipality receiving water from another municipality's water system to notify its water users about the possible presence of fluoride in the water. HB 1101 directs the Department of Environmental Services to set standards for perfluorochemicals (PFAS) in drinking water. HB 1592 requires the Department to review the ambient groundwater standard for arsenic.
New Mexico’s HB 142 prohibits false statements to the Department of Environment by an owner or operator of a public water system.
New York enacted SB 6655 which directs the Department of Health to post information relating to emerging contaminant levels and educational materials, as well as requiring information relating to the EPA's Drinking Water Information System be available to public water systems and to the public. SB 7504 appropriates $500,000 to the State University of New York at Stony Brook to provide for a new laboratory testing facility for PFOA and other chemicals.
In North Carolina, PFAS in water is a concern. The Appropriations Bill (SB 99) orders any person responsible for the discharge of industrial waste (notably PFAS chemicals) that results in contamination of private drinking water well to establish permanent replacement water supplies for affected parties.
Oklahoma limits the licensing requirements of swine feeding operations if the operation does not contribute significantly to the pollution of water (HB 1304). Pennsylvania added language to the appropriations bill to allow for public funds for the replacement of private lead service lines (HB 674).
Puerto Rico’s legislature adopted several studies regarding drinking water. SR 662 will investigate the condition of community water systems and the sources of these systems following the impact of hurricanes Irma and Maria. HR 147 studies drinking water consumption in the territory. HR 12 seeks to study the status of the drinking water systems in the North Central Region; HR 374 looks at nitrates in the system.
Rhode Island adopted HB 6035 which expands the Special House Commission on the presence of lead in drinking water from eight to nine members. HB 5317 requests the Department of Environmental Management to conduct a study of the impact the new U.S. Environmental Protection Agency policies and rules will have on its ability to preserve and protect Rhode Island's natural resources.
The Tennessee legislature requires public water systems with excessive levels of fluoride to notify all customers of the fluoride level (SB 683). Utah amended provisions for drinking water source and storage requirements and requires public water systems to provide water use data (HB 303).
The legislature in Vermont appropriated $750,000 to provide for an action plan to clean up PFAS chemicals in Bennington (HB 16).
Virginia enacted HB 1035, to give priority to the development of water sources to serve as alternatives to the withdrawal of groundwater from the coastal plain aquifer. HB 1608 authorizes the Water Quality Improvement Fund to support cost effective technologies to reduce phosphorus, nitrogen, or nitrogen-containing ammonia to meet the requirements of federal regulations associated with the reduction of ammonia.
Washington’s SB 6901 seeks to ensure that water is available to support residential development and requires an adequate water supply within water resource inventory area. Wisconsin’s SB 48 permits for public funds be used for private lead service line replacements. AB 226 provides local assistance to remediate contaminated wells and failing wastewater treatment systems.
Legislatures in five states enacted six bills related to swimming pools, mostly technical changes for aquatic professionals.
California enacted two bills. SB 442 requires that pools or spas be equipped with drowning prevention safety features when a building permit is issued and requires home inspections to include examinations of pools or spas. AB 1766 requires the State Department of Education, in consultation with the State Department of Public Health, to issue best practices guidelines related to pool safety at K-12 schools.
Maryland’s SB 924 authorizes the governing body of a county to adopt rules and regulations to govern the sanitary condition of splash pads.
In Nebraska, swimming pools owned or used by school districts are required to have someone present who is certified by a nationally recognized aquatic training program in first aid, cardiopulmonary resuscitation, and drowning risk prevention (L 512).
Washington’s HB 1449 exempts inflatable equipment operated at a temporary event from regulation of water recreation facilities. Wisconsin’s AB 904 clarifies that “public swimming pool" does not mean an inflated mobile structure, basin, chamber, or tank; a swim pond; an individual therapeutic pod, tub, or bath; or a fixed or mobile structure, basin, chamber, or tank that serves fewer than 3 individual residences.
States adopted 18 bills and enacted 130 bills on wastewater in 31 states.
Alabama enacted two laws relating to wastewater. HB 35 exempts public water and sewer authorities from sale and use taxes. SB 48 requires a performance bond or financial assurance to ensure environmental compliance before a centralized waste treatment facility be permitted by the state.
Alaska’s SB 3 and HCR 9 relate to the regulation of wastewater discharge from small commercial passenger vessels.
The Arizona legislature adopted SCM 1012 which urges Congress to enact the Nogales Wastewater Fairness Act. SB 1421 revises the state water quality monitoring statute.
Arkansas’ SB 8 and HB 1007 both concern the modification and review of permits for liquid animal waste management systems.
In California, the legislature enacted several bills related to wastewater. SB 966 requires the Water Resources Control Board to adopt regulations for risk-based water quality standards for onsite treatment and reuse of nonpotable water. SB 981 authorizes the delivery and installation of a water treatment device or any other materials during a home solicitation contract rescission period.
SB 1215 authorizes the state Water Resources Board to order a consolidation of water services where a public water system or a state small water system, serving a disadvantaged community, consistently fails to provide an adequate supply of safe drinking water, to order the extension of service to an area that does not have access to an adequate supply of safe drinking water, and to order the provision of sewer service by a special district, city, or county to a disadvantaged community.
The Colorado legislature enacted three bills regarding reclaimed water. SB 38 allows reclaimed domestic wastewater to be used for industrial hemp cultivation. HB 1069 allows reclaimed domestic wastewater to be used for toilet flushing, authorizes the State Plumbing Board to promulgate rules governing the installation and inspection of toilet and urinal systems and structures for which reclaimed domestic wastewater is used. HB 1093 allows reclaimed domestic wastewater to be used for food crops.
Connecticut enacted the Sewage Spillage Right-to-Know Act in order to notify the public of unanticipated sewage spills (HB 5130).
The Georgia legislature enacted HB 929 which allows for renewals of the Water and Sewer Project and Costs Tax.
Hawaii enacted four bills and adopted three regarding private wastewater systems. The legislature prohibited the installation or use of household aerobic units that discharge directly to groundwater unless approved by the Director of Health (HB 605). HB 1802 directs the Department of Health to certify all qualified cesspools. HB 2043 authorizes counties to inspect and compel property owners to inspect sewer laterals under certain conditions and to make repairs as necessary. SB 2567 establishes a cesspool conversion working group to develop a long-range, comprehensive plan for a statewide conversion of all cesspools.
The legislature responded to its open cesspool issue by requesting the Department of Health convene a regional cesspool modernization task force in each county in the state (SR 91). The state also adopted SR 74 and HCR 86 requesting the health department convene a task force on expanding water reuse.
Idaho’s SB 1218 revises factors considered when the Department of Agriculture is deciding whether to permit a poultry animal feeding operation and provides that the law shall not affect the authority of the Department of to administer and enforce the EPA’s National Permit Discharge Elimination System (NPDES) wastewater program.
Illinois’ enacted HB 659 which provides that if the Metropolitan Water Reclamation District participates in a nutrient trading program, the District shall give preference to trading investments that will benefit low income or rural communities where local water quality improvements can be realized. SB 3135 provides that no person shall be required to obtain a permit from the Environmental Protection Agency to apply a commercially available algicide to certain bodies of water. HB 4508 modifies the definition of water or sewer utility to remove language specifying water or sewer service provided to 7,500 or fewer customer connections as provided by certain entities.
Indiana enacted four bills on wastewater. SB 362 provides that a water or wastewater utility that begins providing service to the public is subject to the jurisdiction of the State Utility Regulatory Commission. SB 411 concerns the acquisition of distressed water or wastewater utilities. HB 1233 provides that the term “on-site sewage system” applies to systems that treat sewage from municipalities or publicly-owned treatment works. HB 1267 establishes the Water Infrastructure Task Force to examine standards and practices for the maintenance and management of drinking water systems, wastewater management systems, and stormwater systems, and to prioritize water infrastructure projects.
Iowa’s HB 307 relates to the procedures for granting a waterworks or sewer services franchise by a city. SB 512 establishes a Water Quality Infrastructure Fund financed by an excise and sales tax to support water infrastructure.
Kentucky enacted two bills on wastewater. SB 151 allows water and sewer districts to contract with other entities to acquire wastewater facilities in connection with the acquisition, construction, operation, repair, or maintenance. HB 513 authorizes the Energy and Environment Cabinet Secretary to require structural analyses of small wastewater treatment plants, and allows the cabinet to require the plants' owners to secure financial or performance measures before being permitted to operate.
The Louisiana legislature amended the state’s Sanitary Code to provide limitations on water system testing requirements for certain retail food establishments (HB 846). The state also enacted a law requiring community water systems to establish and maintain records of complaints and sets forth duties of the state health officer with respect to the regulation of community water systems (HB 894). HCR 1 creates the Sanitary Sewer Systems Overflows Commission.
In Maine, the legislature enacted five bills relating to wastewater. HB 263 increased penalties for the discharge of sewage, septic fluids, garbage, sanitary waste or other pollutants from watercraft into inland waters. HB 290 establishes municipal satellite wastewater collection systems. HB 477 defines a “water-related entity” as a water utility or a municipal-owning, controlling, operating or managing sewer, sanitary or storm waterworks. HB 539 allows sewer districts and sanitary districts to invest their funds in the same way as municipalities, clarifies that sewer districts have full authority to collect rates and fees. HB 1034 authorizes the state treasurer to issue bonds for projects of the Department of Environmental Protection that provide for wastewater treatment facility planning and construction costs and an overboard discharge program to assist homeowners serviced by substandard or malfunctioning wastewater treatment systems.
The legislature in Maryland enacted 10 bills regarding wastewater. SB 337 allows the Public Service Commission to authorize a certain rate consolidation of two or more water or sewage disposal systems. SB 468 requires landlords to use a written lease that includes a copy of water or sewer bills for tenants. SB 709 requires that homeowners have access to affordability programs for water and sewer services, as does HB 923. SB 854 prohibits a person from acquiring a controlling interest in water services or sewage disposal providers without prior approval of the Public Service Commission. HB 1566 establishes a process for valuing a water company or a sewage disposal company that is the subject of an acquisition.
HB 417 requires the Washington Suburban Sanitary Commission to develop and operate a website that includes information about commission payees and payments. SB 496 authorizes the use of greywater for residential purposes and requires the state to adopt regulations regarding greywater use. HB 1765 authorizes reductions in nitrogen from an upgrade to an on-site sewage disposal system to count toward a nitrogen load reduction required in a watershed implementation plan.
In Michigan, the legislature enacted SB 840 which exempts certain permit requirements for waste collection or treatment facilities. SB 129 establishes a stormwater discharge fee and permit process and provides an exemption for municipalities that do not own or operate a separate storm sewer system. HB 4286 relates to the laying out of drainage districts, the consolidation of drainage districts, the construction and maintenance of drains and sewers and for flood control and drainage projects within drainage districts. HB 4540 extends fees for wastewater and drinking water certifications and waste program facilities. HB 4438 exempts farm operations from field sanitation and food safety standards, including the servicing of portable toilets.
Minnesota's 2802 provides regulatory certainty to municipalities that construct publicly-owned treatment works to comply with new or modified effluent limitations.
In Mississippi, the legislature enacted HB 331 which requires advanced treatment systems be in compliance with standards for a Class I system as defined by the American National Standards Institute/National Sanitation Foundation (ANSI/NSF) International Standard Number 40. HB 380 authorizes a municipality to enter into an interlocal agreement with a rural water association operating within the corporate limits that require the association to terminate the water service of customers who are delinquent in the payment of charges for sewer services provided by the municipality.
Nebraska enacted L 253, which provides that a county or city may enter into a service agreement with any joint entity created pursuant to the Interlocal Cooperation Act which owns or operates any sewage disposal system and plant.
The New Hampshire legislature enacted several bills related to wastewater. SB 127 authorizes the Department of Environmental Services to make rules regarding dissolved oxygen water quality standards and water quality standards consistent with the Clean Water Act. HB 258 relates to the submission and approval of subsurface sewage disposal system plans, relative to septic requirements in conversions to accessory dwellings.
The legislature also appropriated funds (SB 57) to the Department of Environmental Services for the purposes of funding eligible drinking water and wastewater projects under the state aid grant program, making an appropriation from the drinking water and groundwater trust fund to the Department of Environmental Services to address drinking water contamination in Amherst.
The New Jersey legislature enacted SB 1247 which authorizes local government utilities to impose additional wastewater connection fees and relates to new construction of additional service units connected to a sewer system or a water system. New Mexico clarified its Wastewater Facility Construction Loan Act (HB 66), stating that funding assistance is available for eligible projects as provided by the federal Clean Water Act. The legislature appointed an interim committee on the effectiveness of the Albuquerque-Bernalillo County Water Utility (HB 102).
New York amended its State Septic System Replacement Fund (AB 7892) authorizing septic system installers contracted by the property owner to receive reimbursement directly if the property owner makes such a request in writing.
North Carolina enacted several laws relating to wastewater. HB 351 authorizes water and wastewater public utilities to elect to use a fair value determination for rate-making purposes when acquiring utilities owned by counties, municipalities, or other governmental entities, requires the probable future revenues and expenses to be based on the plant and equipment in operation at the end of the test period, and establishes fair value determination of government-owned water and wastewater systems. HB 436 provides for uniform authority to implement system development fees for public water and sewer systems in the state and to clarify the applicable statute of limitations. HB 637 provides flexibility for regional water and sewer infrastructure funding. HB 764 amends provisions regarding the expansion of a metropolitan sewerage district and make additional board appointments parallel to the process to expand a metropolitan water and sewerage district.
In Oklahoma, the legislature amended the state’s law regarding wastewater permits (HB 1485).
Pennsylvania enacted HB 1490 which amends statutes relating to public utilities, establishes provisions relating to the duties and powers of water and sewer authorities, authorizes water and sewer authorities to impose, charge or collect rates to comply with its covenants to holders of financial obligations.
Puerto Rico commissioned five studies on drinking and wastewater infrastructure. HR 12 studies the status of the North Central Region’s drinking water and sewer infrastructure. SR 54 seeks an investigation regarding the objectives of the environmental compliance and regulatory framework imposed by the Board of Directors of the Aqueduct and Sewer Authority. HR 130 investigates the locations of the commercial offices of customer service of the Aqueduct and Sewer Authority which is actively involved in service. SR 662 orders the Senate Committee on Environmental Health and Natural Resources to investigate the condition of the community water systems in Puerto Rico and the natural water resources that nourish these systems after the passage of hurricanes Irma and Maria, and their effect on public health.
SJR 196 authorizes the Secretary of the Treasury to provide emergency assistance as loans or the extension of one or more credit facilities to the Power and Sewer Authorities, addresses the challenges caused by hurricanes Irma and Maria, authorizes the Electric Power Authority and the Aqueduct and Sewer Authority to receive emergency assistance.
Tennessee's SB 1745 repeals the Utility Management Review Board's authority to approve or disapprove corrections made by a public water system of a utility district to comply with federal or state law as a condition for the system to receive a loan from the Local Development Authority.
Utah amended the State Construction and Fire Codes Act, adding the definition of motor vehicle waste disposal well from the International Plumbing Code to the state code (HB 32).
Virginia enacted several bills regarding wastewater. SB 340 requires the Department of Environmental Quality to prioritize cost-effective technologies to reduce nutrient loads of total phosphorus, total nitrogen, or nitrogen-containing ammonia over other water quality improvement methods in distributing grants. SB 344 provides that the Water Control Board may not to adopt federal EPA freshwater ammonia water quality criteria unless it includes a phased implementation program. HB 1475 similarly provides that if the board adopts such federal criteria for ammonia, it must include a phased implementation program consistent with the federal Clean Water Act that includes consideration of infrastructure needs of the local community. HB 887 provides that the adjustment or replacement of sewer lines, conveyance lines, distribution boxes, or header lines is considered maintenance of an onsite sewage system and does not require a permit. HB 888 directs the Department of Health to take steps to eliminate evaluation and design services provided by the department for onsite sewage systems and private wells, provides specific requirements and a timeline for such elimination.
The Washington legislature enacted SB 5119 which allows any water-sewer district to elect to contract for asset management service of its water storage assets, allows the water-sewer district to negotiate a fair and reasonable water storage asset management service contract with the firm that submits the best proposal based on criteria that are established by the water-sewer district. SB 5162 creates the wastewater treatment plant operator certification account.
Indoor Air Quality
Regarding Indoor Air Quality, legislatures enacted 52 bills in 22 states and adopted ten.
The Alaska legislature adopted HCR 29, which prohibits smoking in certain places. This was followed by SB 63, which specifies where smoking is prohibited, relates to municipal regulation of smoking in certain places, and allows villages and local governments the option to allow smoking in public places.
The California legislature enacted the Healthy California Program (AB 74), requiring the Department of Housing and Community Development to establish a Housing for a Healthy California Program. The program's purpose is to create supportive housing opportunities through grants to counties and capital loans to developers. AB 2453 authorizes schools and school districts located in communities with a high cumulative air exposure burdens to engage in policies that reduce emissions of toxic air contaminants and criteria air pollutants.
Connecticut imposed a surcharge on certain insurance policies to establish the Healthy Homes Fund (HB 5209).
The Delaware legislature created a requirement that lodging establishments with an appliance that emits carbon monoxide or an attached garage have working carbon monoxide detection devices in each dwelling or sleeping unit (SB 91). It also enacted SB 107, which establishes an information portal on the Health and Social Services website relating to indoor environmental concerns.
Hawaii prohibited smoking and tobacco use, including the use of electronic smoking devices, by any person on the premises of the University of Hawaii (SB 134). SB 2783 increases the distance that smoking is prohibited in and around public housing projects and low-income housing projects, and in elder or elderly housing.
The Illinois legislature amended the civil penalties under the Smoke-Free Act (SB 2514).
In Indiana, the legislature enacted the Vehicular Carbon Monoxide Testing Act (SB 100) which provides that a fire department, or a volunteer fire department, may provide vehicular carbon monoxide testing without charge.
In Louisiana, the legislature created a study committee to evaluate the state’s prevalence of tobacco-related illnesses resulting from second-hand smoking (HCR 76). HR 109 requests the Department of Health to study tax-related and health-related issues associated with vapor products and electronic cigarettes.
Maryland’s HB 1094 prohibits under criminal law persons from purchasing for or selling an electronic nicotine delivery system to a minor.
Minnesota modified its requirements for marine carbon monoxide detection devices (HB 3755).
The legislature in Nebraska enacted the Radon Resistant New Construction Act (L 9), which requires the state to determine minimum standards for state and local building codes regarding radon.
New Jersey enacted AB 3703 and AB 3704 Heating and Air Conditioning Contractors Standards & Training which requires training for mechanical ventilation for radon mitigation.
The New Mexico legislature adopted rule changes regarding smoking in the legislative chambers and electronic devices (HR 1).
In New York, the legislature amended the Public Health Law to prohibit smoking at all times in facilities that provide child care services in a private home (AB 397).
The Oregon legislature authorized the Environmental Quality Commission to adopt a program and rules to reduce public health risks of emissions of toxic air contaminants from industrial and commercial air contamination sources and authorizes the commission to establish fees to cover direct and indirect costs of developing and implementing program and rules (AB 1541).
Pennsylvania recognized January 2018 as Radon Action Month (HR 650).
Rhode Island enacted several bills related to Indoor Air Quality. SB 2179 and HB 7041 the School Building Carbon Monoxide Detectors Act requires all school buildings where students are in attendance to have carbon monoxide detectors installed and maintained, authorizes the Fire Safety Code Board of Appeal and Review to promulgate rules and regulations to enforce these provisions. SB 2228 expands the definitions of smoking and retail tobacco store to include electronic smoking devices, electronic nicotine delivery system products, and other products that rely on vaporization. HB 5876 addresses electronic nicotine delivery systems by prohibiting the sale of liquids for such systems that is not contained in child-resistant packaging, requires nonsmoking area signs prohibiting the use of electronic nicotine delivery systems in schools, and prohibits the distribution of free tobacco products. The Public Health and Workplace Safety Act (HB 8357) was amended to include electronic smoking devices, electronic nicotine delivery system products and other products that rely on vaporization or aerosolization. SB 2238 and HB 7082 the Surgical Smoke Evacuation System requires all hospitals and freestanding ambulatory surgical facilities licensed in this state to adopt policies to use a smoke evacuation system for surgical procedures that generate surgical smoke.
The Utah legislature amended the state’s Construction Code (SB 231) to provide that an individual who performs fireproof coating may obtain certain certifications. The law also amends a provision of the International Residential Code regarding when a drainage system is not required and amends the definition of smoking in the State Indoor Clean Air Act. (HB 324) requires a tobacco retailer to obtain a permit from the local health department, establishes requirements for a tobacco retail permit application, and incorporates civil penalties.
Vermont amended its Municipal Law (HB 856) by expanding the smoking-free policy on state property to include municipal grounds as well.
Virginia enacted several laws related to Indoor Air Quality. SB 149 authorizes any locality to designate reasonable no smoking areas within an outdoor amphitheater or concert venue owned by that locality, requires such ordinance to provide for adequate signage designating such areas, provides that a violation of such ordinance is subject to a civil penalty, and provides that civil penalties shall be expended solely for public health purposes. SB 391 and HB 609 address smoke and carbon monoxide alarms by establishing a statewide standard for the installation and maintenance of smoke and carbon monoxide alarms in rental properties, requiring landlords to install smoke alarms without retrofitting the installation site and to certify annually that smoke alarms have been installed and maintained in good working order in a residential dwelling unit pursuant to the Statewide Fire Prevention Code. HB 1534 looks at cancer caused by radon, directing the Department of Health to review consumer complaints relating to testing and mitigation received, directs the department to review the current certification requirements for individuals performing radon testing, and directs the department to determine the benefits of any additional oversight for individuals performing testing and mitigation.
In Wisconsin, the legislature amended the state’s carbon monoxide law to expand the types of carbon monoxide detectors (AB 904).
States adopted 6 bills and enacted 29 bills in 16 states on pesticides.
California enacted AB 1516, which directs the California Department of Pesticide Regulation and the Environmental Protection Agency to allow the unlicensed use of pesticides if there are no appreciable risks if used properly. AB 2816 requires the department to submit a report that evaluates the implementation of the Healthy Schools Act regarding pesticides and provides recommendations on improving the implementation and efficacy of that Act.
The legislature in Connecticut limited exposure to pesticides by prohibiting the use of residential automatic pesticide misting systems (SB 104).
In Florida, SB 740 enacts several provisions regarding the Department of Agriculture and Consumer Services, including the electronic submissions of pesticide registration fees.
Hawaii’s SB 3095 establishes disclosure and public notification requirements for outdoor application of pesticides in various sensitive areas or by large-scale, outdoor commercial agricultural operations, establishes a pilot program that creates a vegetative buffer zone around five selected schools near a commercial agricultural production area.
The Illinois legislature enacted several bills related to pesticides. SB 2864 requires individuals supervising the use of restricted pesticides for commercial structural or noncommercial structural pest control to be of a certain age, hold a high school diploma or GED, and complete training requirements prescribed by the Department of Financial and Professional Regulation. SB 3135 provides that no person is required to obtain a permit from the state Environmental Protection Agency to apply a commercially available algicide to certain bodies of water.
In Iowa HB 2407 forbids a person from intentionally spraying, placing, discharging, or otherwise putting a pesticide off-label into a natural lake, or an artificial lake connected to a natural lake, that is used as source water for public or private water supplies.
Kansas passed HB 2619, allowing for documentation required by the pesticide law be created and maintained in an electronic format.
In Maine, SB 209 amends the definition of general use pesticide in the laws governing the Department of Agriculture, Conservation and Forestry, Board of Pesticides Control by removing reference to pesticides registered by the U. S. Environmental Protection Agency and adding a reference to pesticides registered by the board. HB 895 relates to pesticide applications to control invasive plants and mosquito-borne disease.
Maryland enacted HB 400 which requires the state, a county, or a bi-county agency to provide to a municipality notification at least 24 hours before the state, county, or bi-county agency sprays a pesticide to control mosquitos within the municipality.
Michigan also enacted a notification law; SB 542 allows residents to be notified of pesticide applications adjacent to their property, requires the state to maintain a voluntary registry of individuals who, due to a medically documented condition, are required to be notified before the application of a lawn or ornamental pesticide.
The New York legislature amended the Public Health Law, authorizing children attending camp to carry and apply insect repellent (SB 6710).
Oklahoma’s HB 1606 relates to public health and safety, deletes specific herbicide application methods, requires approval and registration of herbicides used for eradicating plants with the Department of Agriculture, Food, and Forestry.
South Dakota revised its Pesticide Product Registration (SB 34) by setting forth criteria for the application for registering a pesticide and provides for the distribution of revenues received from application fees. The state also revised tax provisions regarding endoparasiticides and ectoparasiticides, directing the funds be used for veterinary student tuition grants and for the operations of the State Animal Disease Research and Diagnostic Laboratory (SB 55).
Tennessee’s SB 1885 requires applicators to notify the Department of Agriculture prior to making aerial applications of pesticides via an online reporting system.
Utah’s HB 413 modifies provisions of the Pesticide Control Act regarding the requirements for obtaining a business registration certificate for a pesticide applicator business.
In Washington, the legislature enacted SB 6529 which protects agricultural workers and community members from pesticides and establishes a pesticide application safety workgroup.
Toxics and Chemicals
Legislatures adopted 16 bills in 8 states and enacted 110 bills in 30 states regarding toxins and chemicals.
The Alaskan legislature enacted the Uniform Environmental Covenants Act (SB 64) which provides notices of activity and limits use at contaminated sites to ensure the protection of human health, safety, and the environment.
The California legislature adopted several laws relating to toxins and chemicals. SB 1013 authorizes the Air Resources Board to include specified prohibitions regarding fluorinated refrigerants and requires the Public Utilities Commission to consider developing a strategy for including low global warming potential refrigerants in equipment funded by its energy efficiency programs.
California enacted several bills relating to lead poisoning. SB 1041 requires the Department of Public Health to report on the total number of children enrolled in MediCal who have secured blood lead screening tests to prominently post the report on its website and to collect and analyze information related to children enrolled in MediCal. SB 1097 expands on this by requiring the Department of Public Health to collect and analyze information relating to lead poisoning in children, and to incorporate the collected data into its Healthy Communities Data and Indicators Project. AB 1316 changes the definition of lead poisoning to include concentrations of lead in arterial or cord blood and requires that regulations establishing a standard of care include the determination of risk factors for whether a child is at risk for lead poisoning. The bill adds screening for blood lead levels in children who are at risk for lead poisoning to benefits covered by group disability insurers. AB 2370 addresses lead exposure in daycare facilities; requires as a condition of licensure health and safety training to include instruction in the prevention of lead exposure. The bill also requires the child day care facility upon enrolling or reenrolling any child to provide the parent or guardian with written information on the risks and effects of lead exposure, blood lead testing recommendations and requirements, and options for obtaining blood lead testing.
California SB 1263 addresses microplastics. The bill requires the Ocean Protection Council to adopt and implement a statewide microplastics strategy, related to microplastic materials that pose an emerging concern for ocean health. The bill authorizes the council to enter into one or more contracts with marine research institutes for research services that contribute directly to the strategy. SB 1422 requires the state Water Resources Control Board to adopt a definition of microplastics in drinking water and to adopt a standard methodology to be used in the testing of drinking water for microplastics and reporting of microplastics in drinking water.
AB 2901 amends the Cleaning Products Right-to-Know Act by updating references to the names of specified substances under the Act and adjusting the disclosure on a product label and a manufacturer's website information related to chemicals contained in the designated product. AB 2998 amends the Home Furnishings and Thermal Insulation Act to prohibit a person, including a manufacturer, from selling or distributing in commerce new juvenile products, mattresses, or upholstered furniture that contains flame retardant chemicals at levels above 1,000 parts per million and would prohibit a custom upholsterer from repairing upholstered furniture or reupholstered furniture using replacement components that contain flame retardant chemicals at levels above 1,000 parts per million. The bill also would require the International Sleep Products Association to conduct surveys of mattress producers registered with the bureau and to submit a survey report to the state.
Colorado enacted a bill regarding Toxicology Lab Certification certifications. HB 1302 allows the Department of Public Health and Environment to waive state certification requirements for toxicology laboratories that have been accredited by an outside entity using recognized forensic standards.
The Connecticut legislature enacted legislation providing funding for lead abatement and environmental health and safety concerns (SB 357). Delaware amended its law (HB 456) to prohibit the use of lead paints on outdoor structures such as bridges, water towers, playground equipment, highways, parking lots, and utility towers and poles, in order to protect public health from the dangers of such paints.
Illinois’ SB 2996 updates the state’s definition of elevated blood level and requirements for the inspection of regulated facilities occupied by children. Louisiana enacted HB 326 to require any local health officer, health unit supervisor, examining physician, hospital, public health nurse, or reporting person to report to the state health officer the existence and circumstances of each case of lead poisoning known to them and not previously reported.
In Maine, the legislature added language to the appropriations bill to require the Housing Authority to establish and administer a program that provides assistance, including grants, for the abatement of lead paint hazards in residential housing (HB 653). In New Hampshire, if a presence of lead in the drinking water exceeds the action level established by the U.S. EPA, the landlord must notify the tenant or prospective tenant and must install on the kitchen faucet a filtering device certified to reduce lead by NSF International/American National Standards Institute (SB 247).
New Hampshire’s SB 588 clarifies requirements regarding state loans for lead hazard remediation programs.
New Jersey enacted the Lead Contaminated Water Service Lines Replacement Bonds (AB 4120) which authorizes special assessments and bond issuance to replace lead-contaminated water service lines. New York SB 7292 revises provisions relating to lead paint remediation from the aboveground transit infrastructure, requires the City Transit Authority to submit a report that identifies all current or planned capital projects involving the removal of existing lead-based paint from any above ground station, elevated trestle, or elevated subway track. NY SB 7295 authorizes the Commissioner of Health to take enforcement action when areas of lead poisoning are designated. The state also included language in the Health and Mental Hygiene budget to develop a statewide plan for lead service line replacement (SB 7507).
Pennsylvania’s HR 1139 recognizes the week of October 21-27, 2018, as National Lead Poisoning Prevention Week.
The Tennessee legislature enacted a law (SB 619) that requires each local board of education to develop a policy to implement a program to reduce the potential sources of lead contamination in drinking water in public schools and requires notification to governing authorities and parents if elevated lead levels are detected in the drinking water. Vermont enacted HB 736 which amends the Residential Lead-Based Paint Hazard Reduction Act to includes provisions relating to the accreditation of lead poisoning prevention training programs, provides for fees for accrediting training programs, and requires all health care providers to test children of specified ages for elevated blood lead levels. Wisconsin’s SB 48 allows public utilities to finance the replacement of lead service lines on private property.
Hawaii banned the sale or distribution of any SPF sunscreen protection personal care product that contains oxybenzone or octinoxate, without a prescription issued by a licensed healthcare provider (SB 2571). The legislature in Indiana also addressed sunscreen. SB 24 provides that a student may possess and use a non-aerosol sunscreen product while on school property or at a school-sponsored event or activity without being required to have a physician's note or prescription, provides that a student may store the sunscreen product in a specific location, and provides immunity to schools and personnel regarding their sunscreen policies.
Michigan passed similar legislation; HB 5379 allows a student at a public or nonpublic school to possess and use a USFDA approved over-the-counter topical sunscreen substance at school, on school-sponsored transportation, or at any school-sponsored activity, event, or program. Oklahoma enacted SB 950 Applying Sunscreen in Schools which permits students to apply sunscreen and allows a school employee to apply sunscreen on a student. Pennsylvania HB 1228 establishes sun protection measures for students including the application of non-prescription sunscreen.
Kansas enacted the Asbestos Trust Claims Transparency Act (HB 2457) which provides for disclosures regarding asbestos trust claims in civil asbestos actions; as did Michigan (HB 5456).
The Louisiana legislature authorized a pilot program to test drinking water for toxic chemicals in elementary schools (HB 633).
The Michigan legislature adopted HR 228, which 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 regarding perfluorochemicals (PFAS) related activities.
New Hampshire enacted S 309 which requires the commissioner of the Department of Environmental Services to adopt a state drinking water standard relative to PFAS, establishes a toxicologist position and a human health risk assessor position in the Department of Environmental Services and establishes the criteria for setting maximum contaminant limits for public drinking water. North Carolina included language in its Appropriations Bill (S 99) to address PFAS contamination in the state.
In Pennsylvania, the legislature adopted HR 682, which urges the U.S. 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 (PFAS) contamination. Washington addressed PFAS chemicals in food packaging; HB 2658 revises provisions relating to the use of PFAS chemicals in food packaging and prohibits the manufacture and sale of food packaging to which PFAS chemicals have been intentionally added in any amount. The legislature also enacted SB 6413 which restricts the manufacturing, selling, and distributing of firefighting foam with PFAS chemicals, requires a recall of firefighting foam products and reimbursements to retailers, and provides that the department must assist local entities in giving priority to the purchase of firefighter personal protective equipment without PFAS chemicals.
The legislature in Tennessee enacted SB 663 regarding the testing of fluoride in public water systems. SB 683 requires public water systems with confirmed levels of fluoride to perform monthly laboratory analysis of water samples for fluoride levels and requires these public water systems to notify all customers of the fluoride level.
Virginia enacted a bill (HB 1241) that prohibits any locality from banning car-washing fundraisers that use biodegradable, phosphate free, water-based cleaners.
Washington’ HB 1095 seeks to protect children and animals from poisoning by antifreeze products.
Wisconsin adopted the Feasibility Study of Coal to Chemicals HCR 8.
Tracking, Surveillance and Biomonitoring
Legislatures adopted 1 and enacted 8 bills in 7 states regarding tracking and surveillance and biomonitoring..
The Colorado legislature amended its public and environmental health laboratory requirements to allow for a certification by a nationally or internationally recognized accreditation organization that includes the scope of forensic toxicology (HB 1302).
New Hampshire enacted SB 588 regarding inspection of laboratories and requiring laboratory certification under the federal Clinical Laboratory Improvement Amendments (CLIA).
The legislature in Utah amended the Environmental Health Science Act (SB 15) to define what constitutes an “accredited program” and qualifications for licensure for an environmental health scientist and an environmental health scientist-in-training.