Introduced Version
SENATE BILL No. 538
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 13-11-2-163.2; IC 13-13-8-16.
Synopsis: PFAS chemicals. Defines "PFAS chemicals" and requires
the environmental rules board to use the definition in certain rules
concerning industrial processes and research and development.
Effective: July 1, 2025.
Zay
January 16, 2025, read first time and referred to Committee on Environmental Affairs.
2025 IN 538—LS 7635/DI 150 Introduced
First Regular Session of the 124th General Assembly (2025)
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 2024 Regular Session of the General Assembly.
SENATE BILL No. 538
A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 13-11-2-163.2 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2025]: Sec. 163.2. (a) "PFAS chemicals", for
4 purposes of IC 13-13-8-16, means non-polymeric perfluoroalkyl
5 substances or non-polymeric saturated polyfluoroalkyl substances
6 that are a group of manmade chemicals that:
7 (1) contain at least two (2) fully fluorinated sequential carbon
8 atoms;
9 (2) are likely to be persistent in the environment;
10 (3) have bioaccumulation potential in humans, animals, or the
11 environment; and
12 (4) are regulated by the United States Environmental
13 Protection Agency as PFAS under 40 CFR 705.3.
14 (b) The term includes the following:
15 (1) Perfluorooctanoic acid (PFOA) and its salts.
16 (2) Perfluorooctanesulfonic acid or perfluorooctane sulfonate
17 (PFOS) and its salts.
2025 IN 538—LS 7635/DI 150 2
1 (3) Perfluorononanoic acid (PFNA) and its salts.
2 (4) Perfluorohexane sulfonic acid (PFHxS) and its salts.
3 (5) Perfluorobutane sulfonic acid or perfluorobutane
4 sulfonate (PFBS) and its salts.
5 (6) Hexafluoropropylene oxide dimer acid (HFPO-DA) and its
6 salts, which are collectively referred to as GenX chemicals.
7 (c) The term does not include gases and substances that become
8 gases in use.
9 SECTION 2. IC 13-13-8-16 IS ADDED TO THE INDIANA CODE
10 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
11 1, 2025]: Sec. 16. (a) The board shall use the definition of "PFAS
12 chemicals" set forth in IC 13-11-2-163.2 when adopting a rule
13 concerning PFAS chemicals that are used or produced in:
14 (1) industrial processes; or
15 (2) research and development.
16 (b) If the board proposes a rule concerning PFAS chemicals that
17 is more restrictive than federal law, the proposed rule shall not go
18 into effect until two (2) years after the date the rule was proposed.
2025 IN 538—LS 7635/DI 150