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Disaster Risks and PFAS Remediation Will Shape Environmental Policy

Forecast ’25: Legislative priorities for 2025 also include efforts to regulate foreign ownership of U.S. agricultural land.

By NCSL Staff  |  November 11, 2024

States face ongoing challenges around disaster mitigation and resilience, PFAS remediation and foreign ownership of U.S. agricultural land.

Floods, wildfires and extreme heat continue to take a toll on state resources and infrastructure. Years of repetitive losses will likely drive change in everything from land management practices to shoring up insurance markets. With federal PFAS limits set for drinking water, policymakers and water utilities will be looking for innovative and cost-effective ways to meet the standards and fund cleanup efforts. And while foreign ownership of U.S. land remains low, it has been trending upward, raising concerns for agricultural properties and those near military installations and critical infrastructure.

Here’s a look at what might be in store for 2025.

NCSL Forecast ’25  

This special report from State Legislatures News covers the topics NCSL’s policy experts anticipate will occupy state lawmakers’ time in 2025 legislative sessions. Read the full report here.  

Hot Topic: Climate Risk and Resilience

Through the Inflation Reduction Act and the Infrastructure Investment and Jobs Act, states have received historic levels of funding to pursue a broad range of disaster mitigation and infrastructure-hardening strategies. This continues a multiyear trend of state and federal investments to reduce the short- and long-term human and economic toll of disasters.

States are working with their local and federal government partners to develop projects that qualify for several funding streams. For example, addressing a repetitive flood zone in an economically disadvantaged area by using nature-based solutions to control floodwaters while also creating areas for recreation and in some cases new housing.

ACTION: Increasingly, states and local communities are grappling with extreme heat, which claims more lives than any other natural disaster. Arizona’s health department has named a chief heat officer to lead the state’s efforts to prepare communities for a hotter future. States are also dealing with escalating insurance losses, rising premiums and a dwindling insurance market landscape. In response, lawmakers are incentivizing risk mitigation strategies through efforts such as the voluntary Fortified Homes program, which in some cases provides grants to homeowners to upgrade roofs and building materials, which can in turn reduce insurance premiums.

Hot Topic: PFAS

The Environmental Protection Agency this year released a long-awaited rulemaking on PFAS—short for per- and polyfluoroalkyls—a group nearly 15,000 synthetic substances also known as “forever chemicals” that persist in the environment and have links to several human health conditions. The EPA set the maximum contaminant level for PFAS at 4 parts per trillion and requires public water systems to meet the standards within five years. The agency also requires the customers be notified if PFAS levels exceed the limit.

ACTION: During their most recent legislative sessions, at least 34 states introduced over 200 bills to restrict the use of firefighting foam containing PFAS; regulate PFAS in food packaging, textiles and consumer products; and allocate funds for testing, cleanup and remediation, among other measures. Some states have even banned the use of PFAS outright, with exceptions for unavoidable circumstances. In the coming year, states will continue to take steps to test, monitor, treat and remediate these chemicals.

Trending: Foreign Ownership of U.S. Land

Foreign ownership of U.S. agricultural land has been rising for the past decade and now totals over 43 million acres, or 3.4% of all privately held farmland in the country. While Canada, the Netherlands and Italy are the top foreign investors, Chinese entities have increased their holdings, including in 2022 with the purchase of farmland near a North Dakota military base. This trend raises concerns over national security, trade and food supply issues.

ACTION: In the past two years, at least 200 bills were introduced in 41 states to restrict foreign ownership of U.S. land. Legislation has been enacted in 17 states: Alabama, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Oklahoma, South Dakota, Tennessee, Utah and Virginia.

The laws differ in their approaches. Some require studies or mandated disclosure of foreign ownership; others prohibit certain transactions and address divestment. Some restrictions apply only to agricultural land or land near military installations or critical infrastructure, while others affect all real property. Definitions also vary regarding the foreign individuals, entities or governments subject to the restrictions. This conversation is expected to continue as more states consider legislation, amend existing law and monitor potential changes at the federal level.

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