No. SB 1058
Filed under Environment & Water.
Perfluoroalkyl and Polyfluoroalkyl Substances; Providing for the ratification of certain rules for cleanup target levels for perfluoroalkyl and polyfluoroalkyl substances (PFAS); requiring the department to adopt interim screening values until the United States Environmental Protection Agency establishes final standards for additional PFAS compounds; prohibiting fire service providers from using certain Class B firefighting foam after a specified date except under certain circumstances, etc.
Plain English Summary
AI-GENERATEDA new bona fide purchaser program shields buyers from liability for PFAS contamination that existed before they bought a property, if they investigate it first and follow the department's ongoing requirements.
The Legislature ratifies the department's statewide PFAS cleanup target levels in this bill, and any future update to those levels must also get separate legislative ratification before it counts.
Local governments and private water suppliers lose a temporary shield that had blocked lawsuits or fines over an unratified PFAS constituent. A related rule pausing government enforcement deadlines is deleted too.
Starting January 1, 2027, fire departments cannot discharge PFAS-containing Class B foam except during actual emergencies or fire prevention work. Manufacturing, sale, and training with nonfluorinated foam are unaffected.
AIA buyer who has no affiliation with a liable party, conducts an all-appropriate-inquiries PFAS analysis, and maintains ongoing obligations like institutional controls is not liable for PFAS contamination that predates the purchase, though cost recovery against the original responsible party is still allowed.
AIThis bill itself ratifies the department's current statewide PFAS cleanup target levels, satisfying the precondition that they cannot take effect until the Legislature ratifies them. Any future update the department makes to those levels must separately go through the same ratification step.
AIGovernmental entities and private water suppliers no longer have a standing shield from administrative or judicial enforcement action tied to a PFAS constituent whose cleanup rule has not yet been ratified by the Legislature; that specific protection is deleted outright.
AIStarting January 1, 2027, a fire service provider cannot discharge or otherwise use Class B firefighting foam containing intentionally added PFAS chemicals, except while providing fire prevention services or responding to an emergency firefighting operation.
AIUntil the EPA sets final standards for additional PFAS compounds, the department must adopt its own interim screening values to guide site assessment and cleanup work, replacing the prior statute-of-limitations tolling mechanism that applied while rules were unratified.
AIThe statute's definition of "PFAS" no longer just names PFOA and PFOS; it now automatically covers any other compound the EPA designates, expanding what the cleanup and liability rules apply to over time without further legislative action.
AIThe Department of Environmental Protection and the Department of Revenue must ensure that sites meeting the bona fide purchaser protection requirements are eligible for remediation tax credits, brownfield grants, and other financial assistance programs.