H.F. 293 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 35 -1- LSB 2320YH (3) 89 js/ns 1/ 6

H.F. 293 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 35 -2- LSB 2320YH (3) 89 js/ns 2/ 6

H.F. 293 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 35 -3- LSB 2320YH (3) 89 js/ns 3/ 6

H.F. 293 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. 35 -4- LSB 2320YH (3) 89 js/ns 4/ 6

H.F. 293 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 -5- LSB 2320YH (3) 89 js/ns 5/ 6

H.F. 293 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. 28 -6- LSB 2320YH (3) 89 js/ns 6/ 6