1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | SENATE BILL No. 538 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 13-11-2-163.2; IC 13-13-8-16. |
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7 | 7 | | Synopsis: PFAS chemicals. Defines "PFAS chemicals" and requires |
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8 | 8 | | the environmental rules board to use the definition in certain rules |
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9 | 9 | | concerning industrial processes and research and development. |
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10 | 10 | | Effective: July 1, 2025. |
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11 | 11 | | Zay |
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12 | 12 | | January 16, 2025, read first time and referred to Committee on Environmental Affairs. |
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13 | 13 | | 2025 IN 538—LS 7635/DI 150 Introduced |
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14 | 14 | | First Regular Session of the 124th General Assembly (2025) |
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15 | 15 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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16 | 16 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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17 | 17 | | additions will appear in this style type, and deletions will appear in this style type. |
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18 | 18 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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19 | 19 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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20 | 20 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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21 | 21 | | a new provision to the Indiana Code or the Indiana Constitution. |
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22 | 22 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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23 | 23 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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24 | 24 | | SENATE BILL No. 538 |
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25 | 25 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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26 | 26 | | environmental law. |
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27 | 27 | | Be it enacted by the General Assembly of the State of Indiana: |
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28 | 28 | | 1 SECTION 1. IC 13-11-2-163.2 IS ADDED TO THE INDIANA |
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29 | 29 | | 2 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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30 | 30 | | 3 [EFFECTIVE JULY 1, 2025]: Sec. 163.2. (a) "PFAS chemicals", for |
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31 | 31 | | 4 purposes of IC 13-13-8-16, means non-polymeric perfluoroalkyl |
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32 | 32 | | 5 substances or non-polymeric saturated polyfluoroalkyl substances |
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33 | 33 | | 6 that are a group of manmade chemicals that: |
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34 | 34 | | 7 (1) contain at least two (2) fully fluorinated sequential carbon |
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35 | 35 | | 8 atoms; |
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36 | 36 | | 9 (2) are likely to be persistent in the environment; |
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37 | 37 | | 10 (3) have bioaccumulation potential in humans, animals, or the |
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38 | 38 | | 11 environment; and |
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39 | 39 | | 12 (4) are regulated by the United States Environmental |
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40 | 40 | | 13 Protection Agency as PFAS under 40 CFR 705.3. |
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41 | 41 | | 14 (b) The term includes the following: |
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42 | 42 | | 15 (1) Perfluorooctanoic acid (PFOA) and its salts. |
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43 | 43 | | 16 (2) Perfluorooctanesulfonic acid or perfluorooctane sulfonate |
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44 | 44 | | 17 (PFOS) and its salts. |
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45 | 45 | | 2025 IN 538—LS 7635/DI 150 2 |
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46 | 46 | | 1 (3) Perfluorononanoic acid (PFNA) and its salts. |
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47 | 47 | | 2 (4) Perfluorohexane sulfonic acid (PFHxS) and its salts. |
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48 | 48 | | 3 (5) Perfluorobutane sulfonic acid or perfluorobutane |
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49 | 49 | | 4 sulfonate (PFBS) and its salts. |
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50 | 50 | | 5 (6) Hexafluoropropylene oxide dimer acid (HFPO-DA) and its |
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51 | 51 | | 6 salts, which are collectively referred to as GenX chemicals. |
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52 | 52 | | 7 (c) The term does not include gases and substances that become |
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53 | 53 | | 8 gases in use. |
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54 | 54 | | 9 SECTION 2. IC 13-13-8-16 IS ADDED TO THE INDIANA CODE |
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55 | 55 | | 10 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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56 | 56 | | 11 1, 2025]: Sec. 16. (a) The board shall use the definition of "PFAS |
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57 | 57 | | 12 chemicals" set forth in IC 13-11-2-163.2 when adopting a rule |
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58 | 58 | | 13 concerning PFAS chemicals that are used or produced in: |
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59 | 59 | | 14 (1) industrial processes; or |
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60 | 60 | | 15 (2) research and development. |
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61 | 61 | | 16 (b) If the board proposes a rule concerning PFAS chemicals that |
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62 | 62 | | 17 is more restrictive than federal law, the proposed rule shall not go |
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63 | 63 | | 18 into effect until two (2) years after the date the rule was proposed. |
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64 | 64 | | 2025 IN 538—LS 7635/DI 150 |
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