Relating to the control of certain chemicals in public drinking water supply systems and consumer products, making penalties applicable, and including effective date provisions

This bill relates to the control of certain chemicals in public drinking water supply systems and consumer products. Current law requires the environmental protection commission to establish rules relating to drinking water standards for public water supply systems, which standards shall specify maximum contaminant levels or treatment techniques necessary to protect the public health and welfare. Current law defines “maximum contaminant level” as the maximum permissible level of any physical, chemical, biological, or radiological substance in water that is delivered to any user of a public water supply system. The bill requires the commission to adopt maximum contaminant levels for perfluorooctanic acid, perfluorooctanesulfonate acid, and perfluoroalkyl and polyfluoroalkyl substances. The bill requires the commission to adopt separate maximum contaminant levels to protect the general public and vulnerable populations. By operation of law, a person who violates a standard adopted by the commission is subject to a civil penalty not to exceed $5,000 for each day a violation occurs. The director may issue an order directing a person to correct a violation of the standards adopted by the commission. A person against whom an order is issued may initiate a contested case pursuant to Code chapter 17A and the commission may affirm, modify, or vacate an order of the director or may approve the director’s request for the attorney general to institute legal proceedings against the person. The bill prohibits the sale of upholstered furniture that contains flame-retardant chemicals or chemical compounds. The bill makes exceptions for used upholstered furniture, certain upholstered furniture purchased for public use in public facilities, and new upholstered furniture that is otherwise subject to the prohibition but was imported into the state or otherwise purchased or acquired by a retailer or wholesaler for sale or distribution in the state prior to January 1, 2022. The bill prohibits the sale of food packaging, class B fire fighting foam, and fire fighting personal protective equipment that contains a perfluoroalkyl or polyfluoroalkyl substance that was intentionally added. The bill makes an exception for new food packaging, class B fire fighting foam, and fire fighting personal protective equipment that is otherwise subject to the prohibition but was imported into the state or otherwise purchased or acquired by a retailer or wholesaler for sale or distribution in the state prior to January 1, 2022. The bill also prohibits a person, local government, or state agency from discharging or otherwise using for training purposes a class B fire fighting foam that contains a perfluoroalkyl or polyfluoroalkyl substance that was intentionally added, with certain exceptions. The bill requires the department of public health to conduct a one-year study investigating perfluoroalkyl and polyfluoroalkyl substances in food packaging and finding safe alternative food packaging materials. The department shall submit a report of its findings and recommendations to the general assembly by December 31, 2022. A violation of the provisions in the bill regulating products is a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than days or a fine of at least $105 but not more than $855 or by both. These provisions take effect January 1, 2022.