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AN ACT relating to perfluoroalkyl and polyfluoroalkyl substances. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 211 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) The PFAS Working Group is hereby established and shall be attached to the 5
Cabinet for Health and Family Services for administrative purposes and staff 6
support. 7
(2) The PFAS Working Group shall have the following twenty-one (21) members or 8
their designees, six (6) of whom shall be ex officio nonvoting members: 9
(a) The commissioner of the Department for Public Health within the Cabinet 10
for Health and Family Services, who shall serve as chair; 11
(b) The commissioner of the Department for Environmental Protection within 12
the Energy and Environment Cabinet; 13
(c) The commissioner of the Department of Fish and Wildlife Resources; 14
(d) The executive director of the Public Service Commission; 15
(e) The director of the University of Louisville Center for Integrative 16
Environmental Health Sciences; 17
(f) The director of the University of Kentucky Superfund Research Center; 18
(g) The executive director of the Kentucky Conservation Committee; 19
(h) The executive director of the Kentucky Resources Council; 20
(i) The president of the Kentucky Association of Manufacturers; 21
(j) The president of the Kentucky Retail Federation; 22
(k) Three (3) members of the House of Representatives who shall serve as 23
nonvoting ex officio members, two (2) of whom shall be chosen by the 24
Speaker of the House of Representatives, and one (1) of whom shall be 25
chosen by the House Minority Floor Leader; 26
(l) Three (3) members of the Senate who shall serve as nonvoting ex officio 27 UNOFFICIAL COPY 24 RS BR 245
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members, two (2) of whom shall be chosen by the President of the Senate, 1
and one (1) of whom shall be chosen by the Senate Minority Floor Leader; 2
and 3
(m) The county judge/executives for each of the five (5) counties with the 4
highest PFAS chemical concentrations in their community public drinking 5
water treatment plants as documented in the latest version of the Energy 6
and Environment Cabinet's evaluation of Kentucky community drinking 7
water for PFAS. 8
(3) The first meeting of the PFAS Working Group shall be no later than September 9
1, 2024. The working group shall meet at least three (3) times each year prior to 10
the annual submission of the report required under subsection (5) of this section. 11
(4) The PFAS Working Group shall: 12
(a) Review the latest research on the effect that exposure to PFAS has on 13
health outcomes amongst individuals within the Commonwealth; 14
(b) Share state-level data gathered from studies conducted by members of the 15
working group and others within the Commonwealth; 16
(c) Consult with any federal, state, or local agencies, nonprofit organizations, 17
private industry, or other impacted stakeholders on the presence and effect 18
of PFAS within the Commonwealth; and 19
(d) Develop recommendations for the mitigation of the effect of PFAS on 20
health outcomes in the Commonwealth. 21
(5) The PFAS Working Group shall submit a report to the Governor and to the 22
Legislative Research Commission on or before December 1, 2024, and each 23
December 1 thereafter, detailing all working group activity since its previous 24
report and providing policy recommendations for the mitigation of the effect of 25
PFAS on health outcomes in the Commonwealth. 26
(6) As used in this section, "PFAS chemical" or "PFAS" means all perfluoroalkyl 27 UNOFFICIAL COPY 24 RS BR 245
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or polyfluoroalkyl substances containing at least one (1) fully fluorinated carbon 1
atom. 2
SECTION 2. A NEW SECTION OF SUBCHAPTER 10 OF KRS CHAPTER 3
224 IS CREATED TO READ AS FOLLOWS: 4
(1) As used in this section and Section 3 of this Act: 5
(a) "Consumer product" has the same meaning as in 15 U.S.C. sec. 2052; 6
(b) "Intentionally added" means PFAS deliberately added during the 7
manufacture of a product where the continued presence of PFAS is desired 8
in the final product or one (1) of the product's components to perform a 9
specific function; 10
(c) "PFAS" means all perfluoroalkyl or polyfluoroalkyl substances containing 11
at least one (1) fully fluorinated carbon atom; 12
(d) "Product component" means an identifiable component of a product, 13
regardless of whether the manufacturer of the product is the manufacturer 14
of the component; and 15
(e) "Wastewater treatment facility" means a facility that is regulated or 16
established under this chapter or KRS Chapter 76, 96, 220, or 278, that 17
provides for or engages in the collection, transmission, or treatment of 18
sewage. 19
(2) Beginning on January 1, 2025, and every January 1 thereafter, a manufacturer 20
of a product sold, offered for sale, or distributed in the Commonwealth that 21
contains intentionally added PFAS shall submit to the secretary, in a form and 22
manner to be determined by the secretary, information that includes: 23
(a) A brief description of the product, including a universal product code, stock 24
keeping unit, or other numeric code assigned to the product; 25
(b) The purpose for which PFAS are used in the product, including in any 26
product components containing PFAS; 27 UNOFFICIAL COPY 24 RS BR 245
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(c) The amount of PFAS in the product, identified by their chemical abstracts 1
service registry numbers, reported as an exact quantity determined using 2
commercially available analytical methods or as falling within a range 3
approved for reporting purposes by the secretary; 4
(d) The name and address of the manufacturer and the name, address, and 5
phone number of a contact person for the manufacturer; and 6
(e) Any additional information requested by the secretary necessary to 7
implement the requirements of this section. 8
(3) With the approval of the secretary, a manufacturer may supply the information 9
required by subsection (2) of this section for a category or type of product rather 10
than for each individual product. 11
(4) A manufacturer shall submit the information required under this section 12
whenever a new product that contains intentionally added PFAS is sold, offered 13
for sale, or distributed in the Commonwealth, and update and revise the 14
information whenever there is a significant change in the information or when 15
requested to do so by the secretary. 16
(5) A person shall not sell, offer for sale, or distribute for sale in the Commonwealth 17
a product containing intentionally added PFAS if the manufacturer has failed to 18
provide the information required under this section. 19
(6) No later than thirty (30) days after a manufacturer has made a disclosure under 20
this section, the cabinet shall publish the list of products, the manufacturers of 21
the products, and the PFAS that the products contain on the cabinet's website. 22
SECTION 3. A NEW SECTION OF SUBCHAPTER 10 OF KRS CHAPTER 23
224 IS CREATED TO READ AS FOLLOWS: 24
(1) A manufacturer of a product that is produced in the Commonwealth that 25
contains intentionally added PFAS shall report to the secretary, in a form and 26
manner to be determined by the secretary: 27 UNOFFICIAL COPY 24 RS BR 245
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(a) Beginning January 1, 2025, and every January 1 thereafter, the amount 1
and the names of PFAS that the manufacturer's facility or facilities have 2
released in the Commonwealth over the course of the previous year; and 3
(b) As needed for any individual release of PFAS greater than ten (10) pounds 4
over the course of twenty-four (24) hours. A report made under this 5
paragraph shall include the amount, location, and name of the PFAS 6
released. 7
(2) The cabinet shall publish all PFAS release disclosure reports on its website. 8
Disclosure reports made under subsection (1)(b) of this section shall be published 9
within twenty-four (24) hours of receipt. 10
(3) Upon receipt of a PFAS release disclosure report made under subsection (1)(b) of 11
this section, the secretary shall notify the county judge/executive of the county in 12
which the entity is located of the amount, location, and name of the PFAS 13
released, and shall provide a copy of the report to the county judge/executive. 14
(4) Upon receipt of a PFAS release disclosure report from the secretary, the county 15
judge/executive shall: 16
(a) Post a notice of the contents of the report on the county government website 17
within twenty-four (24) hours; 18
(b) Post a notice of the contents of the report on all social media pages operated 19
by the county government within twenty-four (24) hours; and 20
(c) Inform the members of the county's legislative body of the contents of the 21
report at the body's next scheduled meeting. 22
(5) Wastewater treatment facilities shall not refuse to accept or treat sewage due to 23
the concentration of PFAS found in or reported to be found in the sewage. 24
(6) On or before January 1, 2025, the cabinet shall promulgate administrative 25
regulations in accordance with KRS Chapter 13A requiring that each wastewater 26
treatment facility monitor and annually report to the cabinet the PFAS 27 UNOFFICIAL COPY 24 RS BR 245
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concentration levels found in sewage after it is treated by the wastewater 1
treatment facility. 2
Section 4. KRS 224.99-030 is amended to read as follows: 3
(1) Any applicant or certificate holder who fails to provide the information required in 4
KRS 224.1-310 or falsifies such information shall be liable for a civil penalty of not 5
to exceed the sum of one thousand dollars ($1,000). The penalty shall be 6
recoverable in an action brought in the name of the Commonwealth of Kentucky by 7
the cabinet, or upon the secretary's request, by the Attorney General. 8
(2) Any manufacturer or county judge/executive who fails to comply with the 9
reporting requirements in Section 3 of this Act shall be liable for a civil penalty of 10
not to exceed the sum of one thousand dollars ($1,000) per day until compliance. 11
The penalty shall be recoverable in an action brought in the name of the 12
Commonwealth of Kentucky by the cabinet, or upon the secretary's request, by 13
the Attorney General. 14