Bill Summary – FastDemocracy

-- S 0724 SUBSTITUTE A AS AMENDED
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     LC002293/SUB A
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                      STATE              OF        RHODE                ISLAND
                                         IN GENERAL ASSEMBLY
                                      JANUARY SESSION, A.D. 2023
                                            ____________
                                               AN ACT
           RELATING TO WATERS AND NAVIGATION -- PFAS IN DRINKING WATER,
                        GROUNDWATER, AND SURFACE WATER
                Introduced By: Senator Walter S. Felag
                Date Introduced: March 22, 2023
                Referred To: Senate Health & Human Services
                (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
 "PFAS in Drinking Water, Groundwater, and Surface Waters" are hereby amended to read as
 follows:
         46-32-2. Interim drinking water standard and testing requirements.
         (a) As used in this chapter, “PFAS contaminants” means perfluorooctanoic acid (PFOA),
 perfluorooctane sulfonic acid (PFOS), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic
 acid (PFNA), and perfluoroheptanoic acid (PFHpA), and perfluorodecanoic acid (PFDA).
         (b) On or before July 1, 2023, all public water supply systems in the state as defined by §
 46-13-2, except transient, non-community water systems as defined by the department of health in
 216-RICR-50-05-1 as may be amended, shall conduct monitoring for the presence of PFAS
 contaminants in drinking water supplied by the system. Regular monitoring shall be conducted as
 follows until adoption of maximum contaminant level rules pursuant to § 46-32-4:
         (1) If monitoring results detect the presence of any PFAS contaminants individually or in
 combination in excess of the interim drinking water standard level of twenty parts per trillion (20
 ppt), the public water supply system shall conduct continued quarterly monitoring.
         (2) If monitoring results detect the presence of any PFAS contaminants individually or in
 combination at a level equal to or below the interim drinking water standard level of twenty parts
 per trillion (20 ppt), the public water supply system shall conduct continued monitoring annually.
         (3) If monitoring results do not detect the presence of any PFAS contaminants, the public
 water supply system shall conduct continued monitoring every two (2) years.
         (c) If monitoring results under subsection (b) of this section confirm the presence of any
 PFAS contaminants individually or in combination in excess of the interim drinking water standard
 level of twenty parts per trillion (20 ppt), the department of health shall require monitoring in a
 manner consistent with applicable regulations governing synthetic organic contaminants, including
 but not limited to, requiring a confirmation sample, prior to directing the public water supply system
 to implement treatment or other remedy to reduce the levels of PFAS contaminants in the drinking
 water of the public water supply system below the interim drinking water standard level.
         (d) On or before July 1, 2023, if the PFAS contaminants exceed the level of twenty parts
 per trillion (20 ppt), the public water supply system shall provide potable water through other means
 to all customers or users of the system. The requirement for a public water supply system to provide
 potable water to customers and users of the system through other means shall cease when
 monitoring results indicate that the levels of PFAS contaminants in the drinking water of the public
 water supply system are below the interim drinking water standard level of twenty parts per trillion
 (20 ppt). If the PFAs contaminants exceed the interim drinking water standard, the department
 shall, within one-hundred and eighty (180) days of being notified of the exceedance, draft and enter
 into a consent agreement with a public water supply system requiring dates for submittal of
 construction plans and specifications, prepared and stamped by a professional engineer registered
 in accordance with the provisions of chapter 8 of title 5 to the department of health, to implement
 treatment or other remedy to reduce the levels of PFAS contaminants in the drinking water of the
 public water supply system to at or below the interim drinking water standard level. If the
 department has not approved a consent agreement within one hundred eighty (180) days, the
 director of the department will take any and all action necessary to obtain compliance in accordance
 with subsection (e) of this section.
         (e) The director of the department of health is authorized to enforce the requirements of
 this chapter in accordance with the provisions of chapter 13 of this title and violations will be
 subject to the penalties imposed pursuant to § 46-13-16. A person may contest or appeal a decision
 of the director, a penalty imposed for violation, or the fact of violation pursuant to the provisions
 of chapter 35 of title 42 (the “administrative procedures act”).
         46-32-3. Drinking water standards for PFAS contaminants.
         If the director of the department of health decides to publish a notice pursuant to the
 provisions of § 46-32-4(b)(1) then on or before June 1, 2024, the director of the department of
 health shall, pursuant to this section, file under § 42-35-4 a final rule with the secretary of state
                                       LC002293/SUB A - Page 2 of 5
 regarding adoption of the interim drinking water standard level of twenty parts per trillion (20 ppt)
 for perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorohexane
 sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), perfluoroheptanoic acid (PFHpA), and
 perfluorodecanoic acid (PFDA) as a maximum contaminant level (MCL). Upon the effective date
 of the final rule, the drinking water monitoring provisions of § 46-32-2 may be suspended,
 modified, or superseded by the provisions of the final rules rule and the maximum contaminant
 level, as specified pursuant to § 46-32-4, shall apply to § 46-32-2(d).
         SECTION 2. Section 23-18.13-4 of the General Laws in Chapter 23-18.13 entitled "Toxic
 Packaging Reduction Act" is hereby amended to read as follows:
         23-18.13-4. Prohibition — Schedule for removal of incidental amounts.
         (a) No package or packaging component shall be offered for sale or for promotional
 purposes by its manufacturer or distributor in the state, which includes, in the package itself or in
 any packaging component, inks, dyes, pigments, adhesives, stabilizers, or any other additives, any
 lead, cadmium, mercury, or hexavalent chromium that has been intentionally introduced as an
 element during manufacturing or distribution as opposed to the incidental presence of any of these
 elements.
         (b) No product shall be offered for sale or for promotional purposes by its manufacturer or
 distributor in the state in a package which includes, in the package itself or in any of its packaging
 components, inks, dyes, pigments, adhesives, stabilizers, or any other additives, any lead, cadmium,
 mercury, or hexavalent chromium that has been intentionally introduced as an element during
 manufacturing or distribution as opposed to the incidental presence of any of these elements.
         (c) The sum on the concentration levels of lead, cadmium, mercury, and hexavalent
 chromium present in any package or packaging component shall not exceed 100 parts per million
 by weight (0.01%).
         (d) Effective January 1, 2024 July 31, 2024, no food package to which PFAS have been
 intentionally introduced during manufacturing or distribution in any amount shall be offered for
 sale or for promotional purposes by its manufacturer or distributor in the state.
         (e) No substitute material used to replace a chemical regulated by this chapter in a package
 or packaging component may be used in a quantity or manner that creates a hazard as great as or
 greater than the hazard created by the chemical regulated by this act. The certificate of compliance
 required by § 23-18.13-6 shall require an assurance to this effect.
         (f) Interstate clearinghouse.     The department is authorized to participate in the
 establishment and implementation of a regional or national, multi-state clearinghouse to assist in
 carrying out the requirements of this chapter and to help coordinate reviews of the regulatory
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 applicability, certificates of compliance, education and outreach activities, and any other related
 functions. The clearinghouse may also maintain reports on the effectiveness of the program,
 certificates of analysis and compliance for product packaging.
         SECTION 3. This act shall take effect upon passage.
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    LC002293/SUB A
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                                           EXPLANATION
                                  BY THE LEGISLATIVE COUNCIL
                                                  OF
                                             AN ACT
          RELATING TO WATERS AND NAVIGATION -- PFAS IN DRINKING WATER,
                       GROUNDWATER, AND SURFACE WATER
                                                  ***
         This act would provide that water supply systems that have PFAS contaminants that exceed
 the interim drinking water standard be required to enter into a consent agreement with department
 of health to implement treatment to reduce the levels of PFAS contaminants.
         This act would take effect upon passage.
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    LC002293/SUB A
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Statutes affected: 
724  SUB A as amended: 23-18.13-4
724  SUB A: 23-18.13-4