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