Texas 2025 - 89th Regular

Texas House Bill HB1674 Compare Versions

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1	1	By: Kerwin H.B. No. 1674
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the production, sale, and use of certain agricultural
9	9	products containing perfluoroalkyl and polyfluoroalkyl substances
10	10	(PFAS); creating a criminal offense.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 63.001, Agriculture Code, is amended by
13	13	adding Subsections (13-a) and (15-a) to read as follows:
14	14	(13-a) "Perfluoroalkyl and polyfluoroalkyl substances"
15	15	means any member of the class of manufactured fluorinated chemicals
16	16	containing at least one fully fluorinated carbon atom.
17	17	(15-a) "Sewage sludge" means any solid, semisolid, or
18	18	liquid residue generated during treatment of sewage or septage at a
19	19	municipal, commercial, or industrial wastewater treatment
20	20	facility.
21	21	SECTION 2. Section 63.002, Agriculture Code, is amended by
22	22	amending Subsection (a) to read as follows:
23	23	Sec. 63.002. COMMERCIAL FERTILIZER. (a) Except as
24	24	otherwise provided by this section, a substance is a commercial
25	25	fertilizer subject to this chapter if it is:
26	26	(1) a fertilizer material;
27	27	(2) a mixed fertilizer;
28	28	(3) a customer-formula fertilizer; [or]
29	29	(4) another substance, material, or element,
30	30	including a pesticide, that is intended for use or is used as an
31	31	ingredient or component of a mixture of materials that is used,
32	32	designed or represented for use, or claimed to have value, in
33	33	promoting plant growth[.]; or
34	34	(5) any biosolid, compost, wastewater residuals,
35	35	industrial or sewage septage, sewage sludge, lagoon residuals, or
36	36	other material intended for use as a fertilizer, soil amendment,
37	37	topsoil replacement, or other similar agricultural purpose that
38	38	contains or was produced from sewage sludge.
39	39	SECTION 3. Subchapter F, Chapter 63, Agriculture Code is
40	40	amended by adding Section 63.096 to read as follows:
41	41	Sec. 63.096. PROVISIONS RELATED TO PRODUCTS CONTAINING
42	42	PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES. (a) Except as
43	43	otherwise provided in this Chapter, a person may not manufacture,
44	44	sell, distribute, or apply any material described by Section
45	45	63.002(a)(5) with a concentration of perfluoroalkyl and
46	46	polyfluoroalkyl substances above the following levels:
47	47	(1) Perfluorobutyric acid - 28,800 parts per trillion;
48	48	(2) Perfluorobutane sulfonate - 40,300 parts per
49	49	trillion;
50	50	(3) Perfluoropentanoic acid - 14,400 parts per
51	51	trillion;
52	52	(4) Perfluorohexane sulfonate - 300 parts per
53	53	trillion;
54	54	(5) Perfluorohexanoic acid - 9,400 parts per trillion;
55	55	(6) Perfluoroheptanoic acid - 400 parts per trillion;
56	56	(7) Perfluorooctanoic sultanate - 5,100 parts per
57	57	trillion;
58	58	(8) Perfluorooctanoic acid - 900 parts per trillion;
59	59	(9) Perfluorooctane sulfonamide - 2,700 parts per
60	60	trillion;
61	61	(10) Perfluorononanoic acid - 1,500 parts per
62	62	trillion;
63	63	(11) Perfluorodecanoic acid - 800 parts per trillion;
64	64	(12) Perfluorodecane sulfonate - 800 parts per
65	65	trillion;
66	66	(13) Perfluoroundecanoic acid - 800 parts per
67	67	trillion;
68	68	(14) Perfluorododecanoic acid - 800 parts per
69	69	trillion;
70	70	(15) Perfluorotridecanoic acid - 800 parts per
71	71	trillion;
72	72	(16) Perfluorotridecanoic acid - 800 parts per
73	73	trillion;
74	74	(17) GenX Chemicals - 800 parts per trillion.
75	75	(b) Each month, a manufacturer of any material described by
76	76	Section 63.002(a)(5) shall send a sample identified as required by
77	77	Section 63.093 to the service for independent analysis for the
78	78	presence of perfluoroalkyl and polyfluoroalkyl substances. If the
79	79	service finds through chemical analysis or other method that a
80	80	sample contains a concentration of perfluoroalkyl and
81	81	polyfluoroalkyl substances above the levels in subsection (a):
82	82	(1) the service shall provide notification of its
83	83	findings as provided under Section 63.094(a); and
84	84	(2) the manufacturer shall dispose of the batch from
85	85	which the sample was taken through an appropriate hazardous waste
86	86	management unit as that term is defined in Section 361.003(14),
87	87	Health and Safety Code, or incineration.
88	88	(c) Within a single calendar year, if the service finds that
89	89	two or more samples provided by the same manufacturer under
90	90	Subsection (b) contain a concentration of perfluoroalkyl and
91	91	polyfluoroalkyl substances above the levels in subsection (a), the
92	92	service shall immediately issue a stop-sale order for all materials
93	93	described by Section 63.002(a)(5) produced by the manufacturer and
94	94	suspend the manufacturer's permit to distribute materials
95	95	described by 63.002(a)(5) until the manufacturer is able to provide
96	96	the service with a sample that is in compliance with this Section.
97	97	The service may conduct random on-site sampling at the
98	98	manufacturer's expense during the time the manufacturer's permit is
99	99	suspended as provided by the Subsection.
100	100	(d) If a manufacturer fails to send a sample as required
101	101	under Subsection (b) two or more times during a single calendar
102	102	year, the service shall take action against the manufacturer as
103	103	provided under Subsection (c).
104	104	(e) In addition to the requirements in Subsection (b), a
105	105	manufacturer of any material described by Section 63.002(a)(5)
106	106	shall self-test each batch of material prior to distribution, sale,
107	107	or application. The manufacturer must maintain records of each
108	108	test and publish the results on its public internet website. Any
109	109	test finding a concentration of perfluoroalkyl and polyfluoroalkyl
110	110	substances above the levels in subsection (a) shall be disposed of
111	111	as provided by Subsection (b)(2).
112	112	SECTION 4. Subchapter H, Chapter 63, Agriculture Code, is
113	113	amended by adding Sections 63.147 to read as follows:
114	114	Sec. 63.147. UNLAWFUL DISTRIBUTION OF PRODUCTS CONTAINING
115	115	PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES. (a) A person
116	116	commits an offense if the person, acting intentionally or knowingly
117	117	with respect to the person's conduct, sells, distributes, or
118	118	applies any material described by Section 63.002(a)(5) with a
119	119	concentration of perfluoroalkyl and polyfluoroalkyl substances
120	120	above the levels listed in Section 63.096(a).
121	121	(b) Except as provided in Subsection (c), a violation of
122	122	this section is a Class A Misdemeanor.
123	123	(c) If a person has previously been convicted of a violation
124	124	of this section, a subsequent violation of this section is a State
125	125	Jail Felony.
126	126	SECTION 5. This Act takes effect September 1, 2025.