By: Sparks S.B. No. 886
A BILL TO BE ENTITLED
AN ACT
relating to the production, sale, and use of certain agricultural
products containing perfluoroalkyl and polyfluoroalkyl substances
(PFAS); creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 63.001, Agriculture Code, is amended by
adding Subsections (13-a) and (15-a) to read as follows:
(13-a) "Perfluoroalkyl and polyfluoroalkyl substances"
means any member of the class of manufactured fluorinated chemicals
containing at least one fully fluorinated carbon atom.
(15-a) "Sewage sludge" means any solid, semisolid, or
liquid residue generated during treatment of sewage or septage at a
municipal, commercial, or industrial wastewater treatment
facility.
SECTION 2. Section 63.002, Agriculture Code, is amended by
amending Subsection (a) to read as follows:
Sec. 63.002. COMMERCIAL FERTILIZER. (a) Except as
otherwise provided by this section, a substance is a commercial
fertilizer subject to this chapter if it is:
(1) a fertilizer material;
(2) a mixed fertilizer;
(3) a customer-formula fertilizer; [or]
(4) another substance, material, or element,
including a pesticide, that is intended for use or is used as an
ingredient or component of a mixture of materials that is used,
designed or represented for use, or claimed to have value, in
promoting plant growth[.]; or
(5) any biosolid, compost, wastewater residuals,
industrial or sewage septage, sewage sludge, lagoon residuals, or
other material intended for use as a fertilizer, soil amendment,
topsoil replacement, or other similar agricultural purpose that
contains or was produced from sewage sludge.
SECTION 3. Subchapter F, Chapter 63, Agriculture Code is
amended by adding Section 63.096 to read as follows:
Sec. 63.096. PROVISIONS RELATED TO PRODUCTS CONTAINING
PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES. (a) Except as
otherwise provided in this Chapter, a person may not manufacture,
sell, distribute, or apply any material described by Section
63.002(a)(5) with a concentration of perfluoroalkyl and
polyfluoroalkyl substances above the following levels:
(1) Perfluorobutyric acid - 28,800 parts per trillion;
(2) Perfluorobutane sulfonate - 40,300 parts per
trillion;
(3) Perfluoropentanoic acid - 14,400 parts per
trillion;
(4) Perfluorohexane sulfonate - 300 parts per
trillion;
(5) Perfluorohexanoic acid - 9,400 parts per trillion;
(6) Perfluoroheptanoic acid - 400 parts per trillion;
(7) Perfluorooctanoic sultanate - 5,100 parts per
trillion;
(8) Perfluorooctanoic acid - 900 parts per trillion;
(9) Perfluorooctane sulfonamide - 2,700 parts per
trillion;
(10) Perfluorononanoic acid - 1,500 parts per
trillion;
(11) Perfluorodecanoic acid - 800 parts per trillion;
(12) Perfluorodecane sulfonate - 800 parts per
trillion;
(13) Perfluoroundecanoic acid - 800 parts per
trillion;
(14) Perfluorododecanoic acid - 800 parts per
trillion;
(15) Perfluorotridecanoic acid - 800 parts per
trillion;
(16) Perfluorotridecanoic acid - 800 parts per
trillion;
(17) GenX Chemicals - 800 parts per trillion.
(b) Each month, a manufacturer of any material described by
Section 63.002(a)(5) shall send a sample identified as required by
Section 63.093 to the service for independent analysis for the
presence of perfluoroalkyl and polyfluoroalkyl substances. If the
service finds through chemical analysis or other method that a
sample contains a concentration of perfluoroalkyl and
polyfluoroalkyl substances above the levels in subsection (a):
(1) the service shall provide notification of its
findings as provided under Section 63.094(a); and
(2) the manufacturer shall dispose of the batch from
which the sample was taken through an appropriate hazardous waste
management unit as that term is defined in Section 361.003(14),
Health and Safety Code, or incineration.
(c) Within a single calendar year, if the service finds that
two or more samples provided by the same manufacturer under
Subsection (b) contain a concentration of perfluoroalkyl and
polyfluoroalkyl substances above the levels in subsection (a), the
service shall immediately issue a stop-sale order for all materials
described by Section 63.002(a)(5) produced by the manufacturer and
suspend the manufacturer's permit to distribute materials
described by 63.002(a)(5) until the manufacturer is able to provide
the service with a sample that is in compliance with this Section.
The service may conduct random on-site sampling at the
manufacturer's expense during the time the manufacturer's permit is
suspended as provided by the Subsection.
(d) If a manufacturer fails to send a sample as required
under Subsection (b) two or more times during a single calendar
year, the service shall take action against the manufacturer as
provided under Subsection (c).
(e) In addition to the requirements in Subsection (b), a
manufacturer of any material described by Section 63.002(a)(5)
shall self-test each batch of material prior to distribution, sale,
or application. The manufacturer must maintain records of each
test and publish the results on its public internet website. Any
test finding a concentration of perfluoroalkyl and polyfluoroalkyl
substances above the levels in subsection (a) shall be disposed of
as provided by Subsection (b)(2).
SECTION 4. Subchapter H, Chapter 63, Agriculture Code, is
amended by adding Sections 63.147 to read as follows:
Sec. 63.147. UNLAWFUL DISTRIBUTION OF PRODUCTS CONTAINING
PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES. (a) A person
commits an offense if the person, acting intentionally or knowingly
with respect to the person's conduct, sells, distributes, or
applies any material described by Section 63.002(a)(5) with a
concentration of perfluoroalkyl and polyfluoroalkyl substances
above the levels listed in Section 63.096(a).
(b) Except as provided in Subsection (c), a violation of
this section is a Class A Misdemeanor.
(c) If a person has previously been convicted of a violation
of this section, a subsequent violation of this section is a State
Jail Felony.
SECTION 5. This Act takes effect September 1, 2025.