Rhode Island 2023 Regular Session

Rhode Island House Bill H5861 Compare Versions

Version 1 (Old)

Version 2 (New)

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5		-	2023 -- H 5861 SUBSTITUTE A ~~AS AMENDED~~
	5	+	2023 -- H 5861 SUBSTITUTE A
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7	7		LC002186/SUB A
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9	9		S TATE OF RHODE IS LAND
10	10		IN GENERAL ASSEMBLY
11	11		JANUARY SESSION, A.D. 2023
12	12		____________
13	13
14	14		A N A C T
15	15		RELATING TO WATERS AND NAVIGATION -- PFAS IN DRINKING WATER,
16	16		GROUNDWATER, AND SUR FACE WATER
17	17		Introduced By: Representatives Speakman, and Cortvriend
18	18		Date Introduced: March 01, 2023
19	19		Referred To: House Environment and Natural Resources
20	20		(Dept. of Health)
21	21
22	22		It is enacted by the General Assembly as follows:
23	23		SECTION 1. Sections 46-32-2 and 46-32-3 of the General Laws in Chapter 46-32 entitled 1
24	24		"PFAS in Drinking Water, Groundwater, and Surface Waters" are hereby amended to read as 2
25	25		follows: 3
26	26		46-32-2. Interim drinking water standard and testing requirements. 4
27	27		(a) As used in this chapter, “PFAS contaminants” means perfluorooctanoic acid (PFOA), 5
28	28		perfluorooctane sulfonic acid (PFOS), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic 6
29	29		acid (PFNA), and perfluoroheptanoic acid (PFHpA), and perfluorodecanoic acid (PFDA). 7
30	30		(b) On or before July 1, 2023, all public water supply systems in the state as defined by § 8
31	31		46-13-2, except transient, non-community water systems as defined by the department of health in 9
32	32		216-RICR-50-05-1 as may be amended, shall conduct monitoring for the presence of PFAS 10
33	33		contaminants in drinking water supplied by the system. Regular monitoring shall be conducted as 11
34	34		follows until adoption of maximum contaminant level rules pursuant to § 46-32-4: 12
35	35		(1) If monitoring results detect the presence of any PFAS contaminants individually or in 13
36	36		combination in excess of the interim drinking water standard level of twenty parts per trillion (20 14
37	37		ppt), the public water supply system shall conduct continued quarterly monitoring. 15
38	38		(2) If monitoring results detect the presence of any PFAS contaminants individually or in 16
39	39		combination at a level equal to or below the interim drinking water standard level of twenty parts 17
40	40		per trillion (20 ppt), the public water supply system shall conduct continued monitoring annually. 18
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42	42
43	43		LC002186/SUB A - Page 2 of 5
44	44		(3) If monitoring results do not detect the presence of any PFAS contaminants, the public 1
45	45		water supply system shall conduct continued monitoring every two (2) years. 2
46	46		(c) If monitoring results under subsection (b) of this section confirm the presence of any 3
47	47		PFAS contaminants individually or in combination in excess of the interim drinking water standard 4
48	48		level of twenty parts per trillion (20 ppt), the department of health shall require monitoring in a 5
49	49		manner consistent with applicable regulations governing synthetic organic contaminants, including 6
50	50		but not limited to, requiring a confirmation sample, prior to directing the public water supply system 7
51	51		to implement treatment or other remedy to reduce the levels of PFAS contaminants in the drinking 8
52	52		water of the public water supply system below the interim drinking water standard level. 9
53	53		(d) On or before July 1, 2023, if the PFAS contaminants exceed the level of twenty parts 10
54	54		per trillion (20 ppt), the public water supply system shall provide potable water through other means 11
55	55		to all customers or users of the system. The requirement for a public water supply system to provide 12
56	56		potable water to customers and users of the system through other means shall cease when 13
57	57		monitoring results indicate that the levels of PFAS contaminants in the drinking water of the public 14
58	58		water supply system are below the interim drinking water standard level of twenty parts per trillion 15
59	59		(20 ppt). If the PFAs contaminants exceed the interim drinking water standard, the department 16
60	60		shall, within one-hundred and eighty (180) days of being notified of the exceedance, draft and enter 17
61	61		into a consent agreement with a public water supply system requiring dates for submittal of 18
62	62		construction plans and specifications, prepared and stamped by a professional engineer registered 19
63	63		in accordance with the provisions of chapter 8 of title 5 to the department of health, to implement 20
64	64		treatment or other remedy to reduce the levels of PFAS contaminants in the drinking water of the 21
65	65		public water supply system to at or below the interim drinking water standard level. If the 22
66	66		department has not approved a consent agreement within one hundred eighty (180) days, the 23
67	67		director of the department will take any and all action necessary to obtain compliance in accordance 24
68	68		with subsection (e) of this section. 25
69	69		(e) The director of the department of health is authorized to enforce the requirements of 26
70	70		this chapter in accordance with the provisions of chapter 13 of this title and violations will be 27
71	71		subject to the penalties imposed pursuant to § 46-13-16. A person may contest or appeal a decision 28
72	72		of the director, a penalty imposed for violation, or the fact of violation pursuant to the provisions 29
73	73		of chapter 35 of title 42 (the “administrative procedures act”). 30
74	74		46-32-3. Drinking water standards for PFAS contaminants. 31
75	75		If the director of the department of health decides to publish a notice pursuant to the 32
76	76		provisions of § 46-32-4(b)(1) then on or before June 1, 2024, the director of the department of 33
77	77		health shall, pursuant to this section, file under § 42-35-4 a final rule with the secretary of state 34
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79	79
80	80		LC002186/SUB A - Page 3 of 5
81	81		regarding adoption of the interim drinking water standard level of twenty parts per trillion (20 ppt) 1
82	82		for perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorohexane 2
83	83		sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), perfluoroheptanoic acid (PFHpA), and 3
84	84		perfluorodecanoic acid (PFDA) as a maximum contaminant level (MCL). Upon the effective date 4
85	85		of the final rule, the drinking water monitoring provisions of § 46-32-2 may be suspended, 5
86	86		modified, or superseded by the provisions of the final rules rule and the maximum contaminant 6
87	87		level, as specified pursuant to § 46-32-4, shall apply to § 46-32-2(d). 7
88	88		SECTION 2. Section 23-18.13-4 of the General Laws in Chapter 23-18.13 entitled "Toxic 8
89	89		Packaging Reduction Act" is hereby amended to read as follows: 9
90	90		23-18.13-4. Prohibition — Schedule for removal of incidental amounts. 10
91	91		(a) No package or packaging component shall be offered for sale or for promotional 11
92	92		purposes by its manufacturer or distributor in the state, which includes, in the package itself or in 12
93	93		any packaging component, inks, dyes, pigments, adhesives, stabilizers, or any other additives, any 13
94	94		lead, cadmium, mercury, or hexavalent chromium that has been intentionally introduced as an 14
95	95		element during manufacturing or distribution as opposed to the incidental presence of any of these 15
96	96		elements. 16
97	97		(b) No product shall be offered for sale or for promotional purposes by its manufacturer or 17
98	98		distributor in the state in a package which includes, in the package itself or in any of its packaging 18
99	99		components, inks, dyes, pigments, adhesives, stabilizers, or any other additives, any lead, cadmium, 19
100	100		mercury, or hexavalent chromium that has been intentionally introduced as an element during 20
101	101		manufacturing or distribution as opposed to the incidental presence of any of these elements. 21
102	102		(c) The sum on the concentration levels of lead, cadmium, mercury, and hexavalent 22
103	103		chromium present in any package or packaging component shall not exceed 100 parts per million 23
104	104		by weight (0.01%). 24
105		-	(d) Effective January 1, 2024 ~~July 31, 2024~~, no food package to which PFAS have been 25
	105	+	(d) Effective January 1, 2024 2025, no food package to which PFAS have been 25
106	106		intentionally introduced during manufacturing or distribution in any amount shall be offered for 26
107	107		sale or for promotional purposes by its manufacturer or distributor in the state. 27
108	108		(e) No substitute material used to replace a chemical regulated by this chapter in a package 28
109	109		or packaging component may be used in a quantity or manner that creates a hazard as great as or 29
110	110		greater than the hazard created by the chemical regulated by this act. The certificate of compliance 30
111	111		required by § 23-18.13-6 shall require an assurance to this effect. 31
112	112		(f) Interstate clearinghouse. The department is authorized to participate in the 32
113	113		establishment and implementation of a regional or national, multi-state clearinghouse to assist in 33
114	114		carrying out the requirements of this chapter and to help coordinate reviews of the regulatory 34
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117	117		LC002186/SUB A - Page 4 of 5
118	118		applicability, certificates of compliance, education and outreach activities, and any other related 1
119	119		functions. The clearinghouse may also maintain reports on the effectiveness of the program, 2
120	120		certificates of analysis and compliance for product packaging. 3
121	121		SECTION 3. This act shall take effect upon passage. 4
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127	127		LC002186/SUB A - Page 5 of 5
128	128		EXPLANATION
129	129		BY THE LEGISLATIVE COUNCIL
130	130		OF
131	131		A N A C T
132	132		RELATING TO WATERS AND NAVIGATION -- PFAS IN DRINKING WATER,
133	133		GROUNDWATER, AND SUR FACE WATER
134	134		***
135	135		This act would provide that water supply systems that have PFAS contaminants that exceed 1
136	136		the interim drinking water standard be required to enter into a consent agreement with department 2
137	137		of health to implement treatment to reduce the levels of PFAS contaminants. 3
138	138		This act would take effect upon passage. 4
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140	140		LC002186/SUB A
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