Indiana 2024 Regular Session

Indiana House Bill HB1085 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1085
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 16-18-2; IC 16-41-45.
7	7	Synopsis: PFAS water safety standards. Requires the Indiana
8	8	department of health (department) to establish state maximum
9	9	contaminant levels for PFAS in water provided by public water
10	10	systems. Provides that maximum contaminant levels established by the
11	11	department: (1) must be protective of public health, including the
12	12	health of vulnerable subpopulations; and (2) may not be less stringent
13	13	than any maximum contaminant level or health advisory promulgated
14	14	by the United States Environmental Protection Agency.
15	15	Effective: July 1, 2024.
16	16	Dvorak
17	17	January 8, 2024, read first time and referred to Committee on Environmental Affairs.
18	18	2024 IN 1085—LS 6417/DI 150 Introduced
19	19	Second Regular Session of the 123rd General Assembly (2024)
20	20	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
21	21	Constitution) is being amended, the text of the existing provision will appear in this style type,
22	22	additions will appear in this style type, and deletions will appear in this style type.
23	23	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
24	24	provision adopted), the text of the new provision will appear in this style type. Also, the
25	25	word NEW will appear in that style type in the introductory clause of each SECTION that adds
26	26	a new provision to the Indiana Code or the Indiana Constitution.
27	27	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
28	28	between statutes enacted by the 2023 Regular Session of the General Assembly.
29	29	HOUSE BILL No. 1085
30	30	A BILL FOR AN ACT to amend the Indiana Code concerning
31	31	health.
32	32	Be it enacted by the General Assembly of the State of Indiana:
33	33	1 SECTION 1. IC 16-18-2-220.8 IS ADDED TO THE INDIANA
34	34	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
35	35	3 [EFFECTIVE JULY 1, 2024]: Sec. 220.8. "Maximum contaminant
36	36	4 level", for purposes of IC 16-41-45, has the meaning set forth in
37	37	5 IC 16-41-45-1.
38	38	6 SECTION 2. IC 16-18-2-280.2 IS ADDED TO THE INDIANA
39	39	7 CODE AS A NEW SECTION TO READ AS FOLLOWS
40	40	8 [EFFECTIVE JULY 1, 2024]: Sec. 280.2. "PFAS", for purposes of
41	41	9 IC 16-41-45, has the meaning set forth in IC 16-41-45-2.
42	42	10 SECTION 3. IC 16-18-2-298.9 IS ADDED TO THE INDIANA
43	43	11 CODE AS A NEW SECTION TO READ AS FOLLOWS
44	44	12 [EFFECTIVE JULY 1, 2024]: Sec. 298.9. "Public water system", for
45	45	13 purposes of IC 16-41-45, has the meaning set forth in
46	46	14 IC 16-41-45-3.
47	47	15 SECTION 4. IC 16-41-45 IS ADDED TO THE INDIANA CODE
48	48	16 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
49	49	17 JULY 1, 2024]:
50	50	2024 IN 1085—LS 6417/DI 150 2
51	51	1 Chapter 45. Maximum Contaminant Level for PFAS in
52	52	2 Drinking Water
53	53	3 Sec. 1. As used in this chapter, "maximum contaminant level"
54	54	4 means the maximum permissible level of a contaminant in water
55	55	5 that is delivered to any user of a public water system.
56	56	6 Sec. 2. (a) As used in this chapter, "PFAS" refers to:
57	57	7 (1) perfluoroalkyl substances; and
58	58	8 (2) polyfluoroalkyl substances.
59	59	9 (b) The term includes perfluorooctanoic acid (PFOA),
60	60	10 perfluoroctanesulfonic acid (PFOS), fluoropolymers made without
61	61	11 the use of PFOA (including those with the trademark name Gen X),
62	62	12 and other manmade compounds that:
63	63	13 (1) were first commonly used in the 1950s and 1960s in
64	64	14 industrial processes and consumer products because they are
65	65	15 resistant to heat, water, and oil;
66	66	16 (2) are contained in nonstick cookware, grease resistant
67	67	17 paper, fast food wrappers, microwave popcorn bags, stain
68	68	18 resistant carpets and fabrics, water resistant clothing,
69	69	19 cleaning products, personal care products, polishes, waxes,
70	70	20 paints, and firefighting foams;
71	71	21 (3) are persistent in the environment and can accumulate in
72	72	22 the human body over time; and
73	73	23 (4) according to the United States Environmental Protection
74	74	24 Agency, have been determined in studies to cause:
75	75	25 (A) reproductive;
76	76	26 (B) developmental;
77	77	27 (C) liver;
78	78	28 (D) kidney; and
79	79	29 (E) immunological;
80	80	30 effects in laboratory animals.
81	81	31 Sec. 3. (a) As used in this chapter, "public water system" means
82	82	32 a system for the provision to the public of water for human
83	83	33 consumption through pipes or other constructed conveyances that:
84	84	34 (1) has at least fifteen (15) service connections; or
85	85	35 (2) regularly serves at least twenty-five (25) individuals.
86	86	36 (b) The term includes:
87	87	37 (1) any collection, treatment, storage, and distribution
88	88	38 facilities that are:
89	89	39 (A) under the control of the operator of a system described
90	90	40 in subsection (a); and
91	91	41 (B) used primarily in connection with a system described
92	92	42 in subsection (a); and
93	93	2024 IN 1085—LS 6417/DI 150 3
94	94	1 (2) any collection or pretreatment storage facilities that:
95	95	2 (A) are not under the control of the operator of a system
96	96	3 described in subsection (a); but
97	97	4 (B) are used primarily in connection with a system
98	98	5 described in subsection (a).
99	99	6 Sec. 4. (a) The state department shall adopt rules under
100	100	7 IC 4-22-2 establishing state maximum contaminant levels for PFAS
101	101	8 in water provided by public water systems.
102	102	9 (b) Maximum contaminant levels established under subsection
103	103	10 (a):
104	104	11 (1) must be protective of public health, including the health of
105	105	12 vulnerable subpopulations such as pregnant women, nursing
106	106	13 mothers, infants, and children; and
107	107	14 (2) may not be less stringent than any maximum contaminant
108	108	15 level or health advisory promulgated by the United States
109	109	16 Environmental Protection Agency.
110	110	2024 IN 1085—LS 6417/DI 150