2023 -- H 5861 SUBSTITUTE A
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LC002186/SUB A
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO WATERS AND NAVIGATION -- PFAS IN DRINKING WATER,
GROUNDWATER, AND SUR FACE WATER
Introduced By: Representatives Speakman, and Cortvriend
Date Introduced: March 01, 2023
Referred To: House Environment and Natural Resources
(Dept. of Health)
It is enacted by the General Assembly as follows:
SECTION 1. Sections 46-32-2 and 46-32-3 of the General Laws in Chapter 46-32 entitled 1
"PFAS in Drinking Water, Groundwater, and Surface Waters" are hereby amended to read as 2
follows: 3
46-32-2. Interim drinking water standard and testing requirements. 4
(a) As used in this chapter, “PFAS contaminants” means perfluorooctanoic acid (PFOA), 5
perfluorooctane sulfonic acid (PFOS), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic 6
acid (PFNA), and perfluoroheptanoic acid (PFHpA), and perfluorodecanoic acid (PFDA). 7
(b) On or before July 1, 2023, all public water supply systems in the state as defined by § 8
46-13-2, except transient, non-community water systems as defined by the department of health in 9
216-RICR-50-05-1 as may be amended, shall conduct monitoring for the presence of PFAS 10
contaminants in drinking water supplied by the system. Regular monitoring shall be conducted as 11
follows until adoption of maximum contaminant level rules pursuant to § 46-32-4: 12
(1) If monitoring results detect the presence of any PFAS contaminants individually or in 13
combination in excess of the interim drinking water standard level of twenty parts per trillion (20 14
ppt), the public water supply system shall conduct continued quarterly monitoring. 15
(2) If monitoring results detect the presence of any PFAS contaminants individually or in 16
combination at a level equal to or below the interim drinking water standard level of twenty parts 17
per trillion (20 ppt), the public water supply system shall conduct continued monitoring annually. 18
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(3) If monitoring results do not detect the presence of any PFAS contaminants, the public 1
water supply system shall conduct continued monitoring every two (2) years. 2
(c) If monitoring results under subsection (b) of this section confirm the presence of any 3
PFAS contaminants individually or in combination in excess of the interim drinking water standard 4
level of twenty parts per trillion (20 ppt), the department of health shall require monitoring in a 5
manner consistent with applicable regulations governing synthetic organic contaminants, including 6
but not limited to, requiring a confirmation sample, prior to directing the public water supply system 7
to implement treatment or other remedy to reduce the levels of PFAS contaminants in the drinking 8
water of the public water supply system below the interim drinking water standard level. 9
(d) On or before July 1, 2023, if the PFAS contaminants exceed the level of twenty parts 10
per trillion (20 ppt), the public water supply system shall provide potable water through other means 11
to all customers or users of the system. The requirement for a public water supply system to provide 12
potable water to customers and users of the system through other means shall cease when 13
monitoring results indicate that the levels of PFAS contaminants in the drinking water of the public 14
water supply system are below the interim drinking water standard level of twenty parts per trillion 15
(20 ppt). If the PFAs contaminants exceed the interim drinking water standard, the department 16
shall, within one-hundred and eighty (180) days of being notified of the exceedance, draft and enter 17
into a consent agreement with a public water supply system requiring dates for submittal of 18
construction plans and specifications, prepared and stamped by a professional engineer registered 19
in accordance with the provisions of chapter 8 of title 5 to the department of health, to implement 20
treatment or other remedy to reduce the levels of PFAS contaminants in the drinking water of the 21
public water supply system to at or below the interim drinking water standard level. If the 22
department has not approved a consent agreement within one hundred eighty (180) days, the 23
director of the department will take any and all action necessary to obtain compliance in accordance 24
with subsection (e) of this section. 25
(e) The director of the department of health is authorized to enforce the requirements of 26
this chapter in accordance with the provisions of chapter 13 of this title and violations will be 27
subject to the penalties imposed pursuant to § 46-13-16. A person may contest or appeal a decision 28
of the director, a penalty imposed for violation, or the fact of violation pursuant to the provisions 29
of chapter 35 of title 42 (the “administrative procedures act”). 30
46-32-3. Drinking water standards for PFAS contaminants. 31
If the director of the department of health decides to publish a notice pursuant to the 32
provisions of § 46-32-4(b)(1) then on or before June 1, 2024, the director of the department of 33
health shall, pursuant to this section, file under § 42-35-4 a final rule with the secretary of state 34
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regarding adoption of the interim drinking water standard level of twenty parts per trillion (20 ppt) 1
for perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorohexane 2
sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), perfluoroheptanoic acid (PFHpA), and 3
perfluorodecanoic acid (PFDA) as a maximum contaminant level (MCL). Upon the effective date 4
of the final rule, the drinking water monitoring provisions of § 46-32-2 may be suspended, 5
modified, or superseded by the provisions of the final rules rule and the maximum contaminant 6
level, as specified pursuant to § 46-32-4, shall apply to § 46-32-2(d). 7
SECTION 2. Section 23-18.13-4 of the General Laws in Chapter 23-18.13 entitled "Toxic 8
Packaging Reduction Act" is hereby amended to read as follows: 9
23-18.13-4. Prohibition — Schedule for removal of incidental amounts. 10
(a) No package or packaging component shall be offered for sale or for promotional 11
purposes by its manufacturer or distributor in the state, which includes, in the package itself or in 12
any packaging component, inks, dyes, pigments, adhesives, stabilizers, or any other additives, any 13
lead, cadmium, mercury, or hexavalent chromium that has been intentionally introduced as an 14
element during manufacturing or distribution as opposed to the incidental presence of any of these 15
elements. 16
(b) No product shall be offered for sale or for promotional purposes by its manufacturer or 17
distributor in the state in a package which includes, in the package itself or in any of its packaging 18
components, inks, dyes, pigments, adhesives, stabilizers, or any other additives, any lead, cadmium, 19
mercury, or hexavalent chromium that has been intentionally introduced as an element during 20
manufacturing or distribution as opposed to the incidental presence of any of these elements. 21
(c) The sum on the concentration levels of lead, cadmium, mercury, and hexavalent 22
chromium present in any package or packaging component shall not exceed 100 parts per million 23
by weight (0.01%). 24
(d) Effective January 1, 2024 2025, no food package to which PFAS have been 25
intentionally introduced during manufacturing or distribution in any amount shall be offered for 26
sale or for promotional purposes by its manufacturer or distributor in the state. 27
(e) No substitute material used to replace a chemical regulated by this chapter in a package 28
or packaging component may be used in a quantity or manner that creates a hazard as great as or 29
greater than the hazard created by the chemical regulated by this act. The certificate of compliance 30
required by § 23-18.13-6 shall require an assurance to this effect. 31
(f) Interstate clearinghouse. The department is authorized to participate in the 32
establishment and implementation of a regional or national, multi-state clearinghouse to assist in 33
carrying out the requirements of this chapter and to help coordinate reviews of the regulatory 34
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applicability, certificates of compliance, education and outreach activities, and any other related 1
functions. The clearinghouse may also maintain reports on the effectiveness of the program, 2
certificates of analysis and compliance for product packaging. 3
SECTION 3. This act shall take effect upon passage. 4
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO WATERS AND NAVIGATION -- PFAS IN DRINKING WATER,
GROUNDWATER, AND SUR FACE WATER
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This act would provide that water supply systems that have PFAS contaminants that exceed 1
the interim drinking water standard be required to enter into a consent agreement with department 2
of health to implement treatment to reduce the levels of PFAS contaminants. 3
This act would take effect upon passage. 4
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