Bill Text: IA HF293 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the control of certain chemicals in public drinking water supply systems and consumer products, making penalties applicable, and including effective date provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-01-28 - Introduced, referred to Environmental Protection. H.J. 242. [HF293 Detail]
Download: Iowa-2021-HF293-Introduced.html
House
File
293
-
Introduced
HOUSE
FILE
293
BY
ISENHART
A
BILL
FOR
An
Act
relating
to
the
control
of
certain
chemicals
in
public
1
drinking
water
supply
systems
and
consumer
products,
2
making
penalties
applicable,
and
including
effective
date
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
NEW
SECTION
.
455B.176B
Drinking
water
maximum
1
contaminant
levels.
2
The
commission
shall
adopt
by
rule
pursuant
to
chapter
17A
3
statewide
maximum
contaminant
levels
for
perfluorooctanic
4
acid,
perfluorooctanesulfonate
acid,
and
perfluoroalkyl
and
5
polyfluoroalkyl
substances
in
public
water
supply
systems
6
supplying
drinking
water.
The
commission
shall
adopt
separate
7
maximum
contaminant
levels
to
protect
the
health
of
the
general
8
public
and
maximum
contaminant
levels
specific
to
vulnerable
9
subpopulations,
such
as
persons
who
are
nursing
or
pregnant,
10
infants,
and
children.
A
maximum
contaminant
level
shall
11
not
exceed
any
maximum
contaminant
level
or
health
advisory
12
promulgated
by
the
United
States
environmental
protection
13
agency.
14
Sec.
2.
NEW
SECTION
.
455F.12
Upholstered
furniture
——
flame
15
retardant
chemicals.
16
1.
As
used
in
this
section,
unless
the
context
otherwise
17
requires:
18
a.
“Flame-retardant
chemical”
means
a
chemical
or
chemical
19
compound
for
which
a
functional
use
is
to
resist
or
inhibit
20
the
spread
of
fire.
“Flame-retardant
chemical”
includes
21
halogenated,
phosphorus-based,
nitrogen-based,
and
nanoscale
22
flame
retardants
and
any
chemical
or
chemical
compound
for
23
which
“flame
retardant”
appears
on
the
substance
safety
data
24
sheet
required
under
29
C.F.R.
§1910.1200(g).
25
b.
“Upholstered
furniture”
means
residential
furniture
26
intended
for
indoor
use
in
a
home
or
dwelling
unit
and
27
consisting
in
whole
or
in
part
of
resilient
cushioning
28
materials
enclosed
within
a
covering
that
consists
of
fabric
or
29
related
materials.
30
2.
Except
as
otherwise
provided,
a
person
shall
not
sell
31
or
offer
to
sell
or
distribute
for
promotional
purposes
32
upholstered
furniture
containing
in
its
fabric
or
other
33
covering
or
in
its
cushioning
materials
more
than
one-tenth
34
of
one
percent
of
a
flame-retardant
chemical
or
more
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than
one-tenth
of
one
percent
of
a
mixture
that
includes
1
flame-retardant
chemicals.
2
3.
Subsection
2
does
not
apply
to
the
following
upholstered
3
furniture
products
containing
flame-retardant
chemicals:
4
a.
Used
upholstered
furniture.
5
b.
Upholstered
furniture
purchased
for
public
use
in
public
6
facilities,
including
schools,
jails,
and
hospitals,
that
meets
7
generally
accepted
flammability
standards
for
seating
furniture
8
used
in
public
occupancies.
9
c.
New
upholstered
furniture
otherwise
subject
to
10
subsection
2
that
is
sold,
offered
for
sale,
or
distributed
for
11
promotional
purposes
in
the
state
by
a
retailer
or
wholesaler
12
on
or
after
January
1,
2022,
and
that
was
imported
into
the
13
state
or
otherwise
purchased
or
acquired
by
the
retailer
or
14
wholesaler
for
sale
or
distribution
in
the
state
prior
to
15
January
1,
2022.
16
Sec.
3.
NEW
SECTION
.
455F.13
Food
packaging
——
fire
17
fighting
foam
——
fire
fighting
personal
protective
equipment
——
18
perfluoroalkyl
or
polyfluoroalkyl
substances.
19
1.
As
used
in
this
section,
unless
the
context
otherwise
20
requires:
21
a.
“Class
B
fire
fighting
foam”
means
foam
designed
to
22
extinguish
flammable-liquid
fires.
23
b.
“Fire
fighting
personal
protective
equipment”
means
24
any
clothing
designed,
intended,
or
marketed
to
be
worn
by
25
fire
fighting
personnel
in
the
performance
of
their
duties
26
during
fire
and
rescue
activities,
including
but
not
limited
27
to
jackets,
pants,
shoes,
gloves,
helmets,
and
respiratory
28
equipment.
29
c.
“Food
packaging”
means
a
package,
including
a
unit
30
package,
intermediate
package,
or
shipping
container,
or
31
a
packaging
component,
including
any
interior
or
exterior
32
blocking,
bracing,
cushioning,
weatherproofing,
exterior
33
strapping,
coating,
closure,
ink,
or
label,
that
is
intended
34
for
the
marketing,
protection,
or
handling
of
a
product
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intended
for
food
contact
or
used
to
store
food
for
sale.
1
d.
“Perfluoroalkyl
substance”
or
“polyfluoroalkyl
substance”
2
means
a
class
of
fluorinated
organic
chemicals
containing
at
3
least
one
fully
fluorinated
carbon
atom.
4
2.
Except
as
otherwise
provided,
a
person
shall
not
5
knowingly
manufacture,
sell,
offer
for
sale,
distribute
for
6
sale,
or
distribute
for
use
in
this
state
food
packaging,
7
class
B
fire
fighting
foam,
or
fire
fighting
personal
8
protective
equipment
to
which
a
perfluoroalkyl
substance
or
9
polyfluoroalkyl
substance
has
been
intentionally
added
in
any
10
amount.
11
3.
Subsection
2
does
not
apply
to
new
food
packaging,
class
12
B
fire
fighting
foam,
or
fire
fighting
personal
protective
13
equipment
that
is
sold,
offered
for
sale,
or
distributed
for
14
promotional
purposes
in
the
state
by
a
retailer
or
wholesaler
15
on
or
after
January
1,
2022,
that
was
imported
into
the
16
state
or
otherwise
purchased
or
acquired
by
the
retailer
or
17
wholesaler
for
sale
or
distribution
in
the
state
prior
to
18
January
1,
2022.
19
Sec.
4.
NEW
SECTION
.
455F.14
Class
B
fire
fighting
foam
——
20
prohibition
——
exceptions.
21
1.
For
purposes
of
this
section,
unless
the
context
22
otherwise
requires:
23
a.
“Class
B
fire
fighting
foam”
means
the
same
as
defined
24
in
section
455F.13.
25
b.
“Local
government”
means
a
county,
city,
township,
fire
26
district,
or
other
special
purpose
district
that
provides
fire
27
fighting
services.
28
c.
“Perfluoroalkyl
substance”
or
“polyfluoroalkyl
substance”
29
means
the
same
as
defined
in
section
455F.13.
30
d.
“Terminal”
means
a
fuel
storage
and
distribution
facility
31
that
has
been
assigned
a
terminal
control
number
by
the
federal
32
internal
revenue
service.
33
2.
Except
as
otherwise
provided,
a
person,
local
34
government,
or
state
agency
shall
not
discharge
or
otherwise
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use
for
training
purposes
a
class
B
fire
fighting
foam
that
1
contains
a
perfluoroalkyl
substance
or
polyfluoroalkyl
2
substance
that
was
intentionally
added.
3
3.
Subsection
2
does
not
apply
to
the
use,
manufacture,
4
sale,
or
distribution
of
a
class
B
fire
fighting
foam
that
5
includes
a
perfluoroalkyl
substance
or
polyfluoroalkyl
6
substance
that
was
intentionally
added
when
the
inclusion
of
7
the
perfluoroalkyl
substance
or
polyfluoroalkyl
substance
8
is
required
by
federal
law.
If
an
applicable
federal
law
9
allows
the
use
of
an
alternative
fire
fighting
agent
that
does
10
not
contain
a
perfluoroalkyl
substance
or
polyfluoroalkyl
11
substance,
the
department
of
public
health
may
adopt
rules
12
that
restrict
the
use,
manufacture,
sale,
and
distribution
of
13
class
B
fire
fighting
foam
for
uses
that
are
addressed
by
the
14
applicable
federal
law.
15
4.
Subsection
2
does
not
apply
to
the
use,
manufacture,
16
sale,
or
distribution
of
a
class
B
fire
fighting
foam
that
17
includes
a
perfluoroalkyl
substance
or
polyfluoroalkyl
18
substance
that
was
intentionally
added
when
the
class
B
fire
19
fighting
foam
is
used
by
a
person
operating
a
terminal.
20
Sec.
5.
PERFLUOROALKYL
AND
POLYFLUOROALKYL
SUBSTANCES
21
ALTERNATIVES
STUDY.
The
department
of
public
health
shall
22
conduct
a
one-year
study
of
alternatives
to
perfluoroalkyl
23
and
polyfluoroalkyl
substances
in
food
packaging.
The
24
department
shall
assess
the
prevalence
of
perfluoroalkyl
and
25
polyfluoroalkyl
substances
in
food
packaging
and
determine
26
the
risks
posed
to
consumers
in
the
state.
The
department
27
shall
identify
safe
alternative
food
packaging
materials.
28
The
department
shall
submit
a
report
to
the
general
assembly
29
detailing
its
findings
and
recommendations
by
December
31,
30
2022.
31
Sec.
6.
EFFECTIVE
DATE.
The
following
take
effect
January
32
1,
2022:
33
The
sections
of
this
Act
enacting
sections
455F.12,
455F.13,
34
and
455F.14.
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
relates
to
the
control
of
certain
chemicals
in
4
public
drinking
water
supply
systems
and
consumer
products.
5
Current
law
requires
the
environmental
protection
commission
6
to
establish
rules
relating
to
drinking
water
standards
for
7
public
water
supply
systems,
which
standards
shall
specify
8
maximum
contaminant
levels
or
treatment
techniques
necessary
9
to
protect
the
public
health
and
welfare.
Current
law
defines
10
“maximum
contaminant
level”
as
the
maximum
permissible
level
of
11
any
physical,
chemical,
biological,
or
radiological
substance
12
in
water
that
is
delivered
to
any
user
of
a
public
water
supply
13
system.
14
The
bill
requires
the
commission
to
adopt
maximum
15
contaminant
levels
for
perfluorooctanic
acid,
16
perfluorooctanesulfonate
acid,
and
perfluoroalkyl
and
17
polyfluoroalkyl
substances.
The
bill
requires
the
commission
18
to
adopt
separate
maximum
contaminant
levels
to
protect
the
19
general
public
and
vulnerable
populations.
20
By
operation
of
law,
a
person
who
violates
a
standard
adopted
21
by
the
commission
is
subject
to
a
civil
penalty
not
to
exceed
22
$5,000
for
each
day
a
violation
occurs.
The
director
may
issue
23
an
order
directing
a
person
to
correct
a
violation
of
the
24
standards
adopted
by
the
commission.
A
person
against
whom
an
25
order
is
issued
may
initiate
a
contested
case
pursuant
to
Code
26
chapter
17A
and
the
commission
may
affirm,
modify,
or
vacate
27
an
order
of
the
director
or
may
approve
the
director’s
request
28
for
the
attorney
general
to
institute
legal
proceedings
against
29
the
person.
30
The
bill
prohibits
the
sale
of
upholstered
furniture
that
31
contains
flame-retardant
chemicals
or
chemical
compounds.
The
32
bill
makes
exceptions
for
used
upholstered
furniture,
certain
33
upholstered
furniture
purchased
for
public
use
in
public
34
facilities,
and
new
upholstered
furniture
that
is
otherwise
35
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subject
to
the
prohibition
but
was
imported
into
the
state
or
1
otherwise
purchased
or
acquired
by
a
retailer
or
wholesaler
for
2
sale
or
distribution
in
the
state
prior
to
January
1,
2022.
3
The
bill
prohibits
the
sale
of
food
packaging,
class
B
fire
4
fighting
foam,
and
fire
fighting
personal
protective
equipment
5
that
contains
a
perfluoroalkyl
or
polyfluoroalkyl
substance
6
that
was
intentionally
added.
The
bill
makes
an
exception
7
for
new
food
packaging,
class
B
fire
fighting
foam,
and
fire
8
fighting
personal
protective
equipment
that
is
otherwise
9
subject
to
the
prohibition
but
was
imported
into
the
state
or
10
otherwise
purchased
or
acquired
by
a
retailer
or
wholesaler
for
11
sale
or
distribution
in
the
state
prior
to
January
1,
2022.
12
The
bill
also
prohibits
a
person,
local
government,
13
or
state
agency
from
discharging
or
otherwise
using
for
14
training
purposes
a
class
B
fire
fighting
foam
that
contains
15
a
perfluoroalkyl
or
polyfluoroalkyl
substance
that
was
16
intentionally
added,
with
certain
exceptions.
17
The
bill
requires
the
department
of
public
health
to
18
conduct
a
one-year
study
investigating
perfluoroalkyl
and
19
polyfluoroalkyl
substances
in
food
packaging
and
finding
safe
20
alternative
food
packaging
materials.
The
department
shall
21
submit
a
report
of
its
findings
and
recommendations
to
the
22
general
assembly
by
December
31,
2022.
23
A
violation
of
the
provisions
in
the
bill
regulating
24
products
is
a
simple
misdemeanor.
A
simple
misdemeanor
is
25
punishable
by
confinement
for
no
more
than
30
days
or
a
fine
26
of
at
least
$105
but
not
more
than
$855
or
by
both.
These
27
provisions
take
effect
January
1,
2022.
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