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California

The California Assembly recently passed three different PFAS-related bills. Advocates on both sides of these issues presented their positions to Governor Gavin Newsome, urging him to either sign or veto the bills. Last week, the Governor decided to sign two of the bills but veto the third:

  • AB 1817: Signed by the Governor and will prohibit manufacture, sale, or distribution of any textile product containing intentionally added PFAS beginning January 1, 2025 (with certain specified exceptions).
  • AB 2771: Signed by the Governor and will prohibit manufacture, sale, or distribution of any cosmetic product containing intentionally added PFAS beginning January 1, 2025.
  • AB 2247: Vetoed by the Governor. Would have required all manufacturers, importers, and distributors of products within California containing intentionally added PFAS to register the product on a publicly accessible reporting platform established by Department of Toxic Substances Control and Interstate Chemicals Clearinghouse beginning in 2025. The required disclosure would have required inclusion of the type of product, universal product code, a description of how the PFAS was added, and the names of any PFAS intentionally added.

Wisconsin

Late this summer, Wisconsin’s Department of Natural Resources updated several chapters in Wisconsin’s Administrative Code to implement PFAS-related modifications for drinking and surface water standards. As a result of these updates, Wisconsin has now set a new Maximum Contaminant Level equal to EPA’s earlier standard discussed above—70 ppt. Surface water thresholds were also established for PFOS (8 ppt) and PFOA (20 or 95 ppt depending on if “public” or other surface water).

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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