Print
House File 293 - IntroducedA Bill ForAn Act 1relating to the control of certain chemicals in public
2drinking water supply systems and consumer products,
3making penalties applicable, and including effective date
4provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 455B.176B Drinking water maximum
2contaminant levels.
3The commission shall adopt by rule pursuant to chapter 17A
4statewide maximum contaminant levels for perfluorooctanic
5acid, perfluorooctanesulfonate acid, and perfluoroalkyl and
6polyfluoroalkyl substances in public water supply systems
7supplying drinking water. The commission shall adopt separate
8maximum contaminant levels to protect the health of the general
9public and maximum contaminant levels specific to vulnerable
10subpopulations, such as persons who are nursing or pregnant,
11infants, and children. A maximum contaminant level shall
12not exceed any maximum contaminant level or health advisory
13promulgated by the United States environmental protection
14agency.
15 Sec. 2. NEW SECTION. 455F.12 Upholstered furniture — flame
16retardant chemicals.
171. As used in this section, unless the context otherwise
18requires:
19a. “Flame-retardant chemical” means a chemical or chemical
20compound for which a functional use is to resist or inhibit
21the spread of fire. “Flame-retardant chemical” includes
22halogenated, phosphorus-based, nitrogen-based, and nanoscale
23flame retardants and any chemical or chemical compound for
24which “flame retardant” appears on the substance safety data
25sheet required under 29 C.F.R. §1910.1200(g).
26b. “Upholstered furniture” means residential furniture
27intended for indoor use in a home or dwelling unit and
28consisting in whole or in part of resilient cushioning
29materials enclosed within a covering that consists of fabric or
30related materials.
312. Except as otherwise provided, a person shall not sell
32or offer to sell or distribute for promotional purposes
33upholstered furniture containing in its fabric or other
34covering or in its cushioning materials more than one-tenth
35of one percent of a flame-retardant chemical or more
-1-1than one-tenth of one percent of a mixture that includes
2flame-retardant chemicals.
33. Subsection 2 does not apply to the following upholstered
4furniture products containing flame-retardant chemicals:
5a. Used upholstered furniture.
6b. Upholstered furniture purchased for public use in public
7facilities, including schools, jails, and hospitals, that meets
8generally accepted flammability standards for seating furniture
9used in public occupancies.
10c. New upholstered furniture otherwise subject to
11subsection 2 that is sold, offered for sale, or distributed for
12promotional purposes in the state by a retailer or wholesaler
13on or after January 1, 2022, and that was imported into the
14state or otherwise purchased or acquired by the retailer or
15wholesaler for sale or distribution in the state prior to
16January 1, 2022.
17 Sec. 3. NEW SECTION. 455F.13 Food packaging — fire
18fighting foam — fire fighting personal protective equipment —
19perfluoroalkyl or polyfluoroalkyl substances.
201. As used in this section, unless the context otherwise
21requires:
22a. “Class B fire fighting foam” means foam designed to
23extinguish flammable-liquid fires.
24b. “Fire fighting personal protective equipment” means
25any clothing designed, intended, or marketed to be worn by
26fire fighting personnel in the performance of their duties
27during fire and rescue activities, including but not limited
28to jackets, pants, shoes, gloves, helmets, and respiratory
29equipment.
30c. “Food packaging” means a package, including a unit
31package, intermediate package, or shipping container, or
32a packaging component, including any interior or exterior
33blocking, bracing, cushioning, weatherproofing, exterior
34strapping, coating, closure, ink, or label, that is intended
35for the marketing, protection, or handling of a product
-2-1intended for food contact or used to store food for sale.
2d. “Perfluoroalkyl substance” or “polyfluoroalkyl substance”
3means a class of fluorinated organic chemicals containing at
4least one fully fluorinated carbon atom.
52. Except as otherwise provided, a person shall not
6knowingly manufacture, sell, offer for sale, distribute for
7sale, or distribute for use in this state food packaging,
8class B fire fighting foam, or fire fighting personal
9protective equipment to which a perfluoroalkyl substance or
10polyfluoroalkyl substance has been intentionally added in any
11amount.
123. Subsection 2 does not apply to new food packaging, class
13B fire fighting foam, or fire fighting personal protective
14equipment that is sold, offered for sale, or distributed for
15promotional purposes in the state by a retailer or wholesaler
16on or after January 1, 2022, that was imported into the
17state or otherwise purchased or acquired by the retailer or
18wholesaler for sale or distribution in the state prior to
19January 1, 2022.
20 Sec. 4. NEW SECTION. 455F.14 Class B fire fighting foam —
21prohibition — exceptions.
221. For purposes of this section, unless the context
23otherwise requires:
24a. “Class B fire fighting foam” means the same as defined
25in section 455F.13.
26b. “Local government” means a county, city, township, fire
27district, or other special purpose district that provides fire
28fighting services.
29c. “Perfluoroalkyl substance” or “polyfluoroalkyl substance”
30means the same as defined in section 455F.13.
31d. “Terminal” means a fuel storage and distribution facility
32that has been assigned a terminal control number by the federal
33internal revenue service.
342. Except as otherwise provided, a person, local
35government, or state agency shall not discharge or otherwise
-3-1use for training purposes a class B fire fighting foam that
2contains a perfluoroalkyl substance or polyfluoroalkyl
3substance that was intentionally added.
43. Subsection 2 does not apply to the use, manufacture,
5sale, or distribution of a class B fire fighting foam that
6includes a perfluoroalkyl substance or polyfluoroalkyl
7substance that was intentionally added when the inclusion of
8the perfluoroalkyl substance or polyfluoroalkyl substance
9is required by federal law. If an applicable federal law
10allows the use of an alternative fire fighting agent that does
11not contain a perfluoroalkyl substance or polyfluoroalkyl
12substance, the department of public health may adopt rules
13that restrict the use, manufacture, sale, and distribution of
14class B fire fighting foam for uses that are addressed by the
15applicable federal law.
164. Subsection 2 does not apply to the use, manufacture,
17sale, or distribution of a class B fire fighting foam that
18includes a perfluoroalkyl substance or polyfluoroalkyl
19substance that was intentionally added when the class B fire
20fighting foam is used by a person operating a terminal.
21 Sec. 5. PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES
22ALTERNATIVES STUDY. The department of public health shall
23conduct a one-year study of alternatives to perfluoroalkyl
24and polyfluoroalkyl substances in food packaging. The
25department shall assess the prevalence of perfluoroalkyl and
26polyfluoroalkyl substances in food packaging and determine
27the risks posed to consumers in the state. The department
28shall identify safe alternative food packaging materials.
29The department shall submit a report to the general assembly
30detailing its findings and recommendations by December 31,
312022.
32 Sec. 6. EFFECTIVE DATE. The following take effect January
331, 2022:
34The sections of this Act enacting sections 455F.12, 455F.13,
35and 455F.14.
-4-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4This bill relates to the control of certain chemicals in
5public drinking water supply systems and consumer products.
6Current law requires the environmental protection commission
7to establish rules relating to drinking water standards for
8public water supply systems, which standards shall specify
9maximum contaminant levels or treatment techniques necessary
10to protect the public health and welfare. Current law defines
11“maximum contaminant level” as the maximum permissible level of
12any physical, chemical, biological, or radiological substance
13in water that is delivered to any user of a public water supply
14system.
15The bill requires the commission to adopt maximum
16contaminant levels for perfluorooctanic acid,
17perfluorooctanesulfonate acid, and perfluoroalkyl and
18polyfluoroalkyl substances. The bill requires the commission
19to adopt separate maximum contaminant levels to protect the
20general public and vulnerable populations.
21By operation of law, a person who violates a standard adopted
22by the commission is subject to a civil penalty not to exceed
23$5,000 for each day a violation occurs. The director may issue
24an order directing a person to correct a violation of the
25standards adopted by the commission. A person against whom an
26order is issued may initiate a contested case pursuant to Code
27chapter 17A and the commission may affirm, modify, or vacate
28an order of the director or may approve the director’s request
29for the attorney general to institute legal proceedings against
30the person.
31The bill prohibits the sale of upholstered furniture that
32contains flame-retardant chemicals or chemical compounds. The
33bill makes exceptions for used upholstered furniture, certain
34upholstered furniture purchased for public use in public
35facilities, and new upholstered furniture that is otherwise
-5-1subject to the prohibition but was imported into the state or
2otherwise purchased or acquired by a retailer or wholesaler for
3sale or distribution in the state prior to January 1, 2022.
4The bill prohibits the sale of food packaging, class B fire
5fighting foam, and fire fighting personal protective equipment
6that contains a perfluoroalkyl or polyfluoroalkyl substance
7that was intentionally added. The bill makes an exception
8for new food packaging, class B fire fighting foam, and fire
9fighting personal protective equipment that is otherwise
10subject to the prohibition but was imported into the state or
11otherwise purchased or acquired by a retailer or wholesaler for
12sale or distribution in the state prior to January 1, 2022.
13The bill also prohibits a person, local government,
14or state agency from discharging or otherwise using for
15training purposes a class B fire fighting foam that contains
16a perfluoroalkyl or polyfluoroalkyl substance that was
17intentionally added, with certain exceptions.
18The bill requires the department of public health to
19conduct a one-year study investigating perfluoroalkyl and
20polyfluoroalkyl substances in food packaging and finding safe
21alternative food packaging materials. The department shall
22submit a report of its findings and recommendations to the
23general assembly by December 31, 2022.
24A violation of the provisions in the bill regulating
25products is a simple misdemeanor. A simple misdemeanor is
26punishable by confinement for no more than 30 days or a fine
27of at least $105 but not more than $855 or by both. These
28provisions take effect January 1, 2022.
-6-js/ns
2drinking water supply systems and consumer products,
3making penalties applicable, and including effective date
4provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 455B.176B Drinking water maximum
2contaminant levels.
3The commission shall adopt by rule pursuant to chapter 17A
4statewide maximum contaminant levels for perfluorooctanic
5acid, perfluorooctanesulfonate acid, and perfluoroalkyl and
6polyfluoroalkyl substances in public water supply systems
7supplying drinking water. The commission shall adopt separate
8maximum contaminant levels to protect the health of the general
9public and maximum contaminant levels specific to vulnerable
10subpopulations, such as persons who are nursing or pregnant,
11infants, and children. A maximum contaminant level shall
12not exceed any maximum contaminant level or health advisory
13promulgated by the United States environmental protection
14agency.
15 Sec. 2. NEW SECTION. 455F.12 Upholstered furniture — flame
16retardant chemicals.
171. As used in this section, unless the context otherwise
18requires:
19a. “Flame-retardant chemical” means a chemical or chemical
20compound for which a functional use is to resist or inhibit
21the spread of fire. “Flame-retardant chemical” includes
22halogenated, phosphorus-based, nitrogen-based, and nanoscale
23flame retardants and any chemical or chemical compound for
24which “flame retardant” appears on the substance safety data
25sheet required under 29 C.F.R. §1910.1200(g).
26b. “Upholstered furniture” means residential furniture
27intended for indoor use in a home or dwelling unit and
28consisting in whole or in part of resilient cushioning
29materials enclosed within a covering that consists of fabric or
30related materials.
312. Except as otherwise provided, a person shall not sell
32or offer to sell or distribute for promotional purposes
33upholstered furniture containing in its fabric or other
34covering or in its cushioning materials more than one-tenth
35of one percent of a flame-retardant chemical or more
-1-1than one-tenth of one percent of a mixture that includes
2flame-retardant chemicals.
33. Subsection 2 does not apply to the following upholstered
4furniture products containing flame-retardant chemicals:
5a. Used upholstered furniture.
6b. Upholstered furniture purchased for public use in public
7facilities, including schools, jails, and hospitals, that meets
8generally accepted flammability standards for seating furniture
9used in public occupancies.
10c. New upholstered furniture otherwise subject to
11subsection 2 that is sold, offered for sale, or distributed for
12promotional purposes in the state by a retailer or wholesaler
13on or after January 1, 2022, and that was imported into the
14state or otherwise purchased or acquired by the retailer or
15wholesaler for sale or distribution in the state prior to
16January 1, 2022.
17 Sec. 3. NEW SECTION. 455F.13 Food packaging — fire
18fighting foam — fire fighting personal protective equipment —
19perfluoroalkyl or polyfluoroalkyl substances.
201. As used in this section, unless the context otherwise
21requires:
22a. “Class B fire fighting foam” means foam designed to
23extinguish flammable-liquid fires.
24b. “Fire fighting personal protective equipment” means
25any clothing designed, intended, or marketed to be worn by
26fire fighting personnel in the performance of their duties
27during fire and rescue activities, including but not limited
28to jackets, pants, shoes, gloves, helmets, and respiratory
29equipment.
30c. “Food packaging” means a package, including a unit
31package, intermediate package, or shipping container, or
32a packaging component, including any interior or exterior
33blocking, bracing, cushioning, weatherproofing, exterior
34strapping, coating, closure, ink, or label, that is intended
35for the marketing, protection, or handling of a product
-2-1intended for food contact or used to store food for sale.
2d. “Perfluoroalkyl substance” or “polyfluoroalkyl substance”
3means a class of fluorinated organic chemicals containing at
4least one fully fluorinated carbon atom.
52. Except as otherwise provided, a person shall not
6knowingly manufacture, sell, offer for sale, distribute for
7sale, or distribute for use in this state food packaging,
8class B fire fighting foam, or fire fighting personal
9protective equipment to which a perfluoroalkyl substance or
10polyfluoroalkyl substance has been intentionally added in any
11amount.
123. Subsection 2 does not apply to new food packaging, class
13B fire fighting foam, or fire fighting personal protective
14equipment that is sold, offered for sale, or distributed for
15promotional purposes in the state by a retailer or wholesaler
16on or after January 1, 2022, that was imported into the
17state or otherwise purchased or acquired by the retailer or
18wholesaler for sale or distribution in the state prior to
19January 1, 2022.
20 Sec. 4. NEW SECTION. 455F.14 Class B fire fighting foam —
21prohibition — exceptions.
221. For purposes of this section, unless the context
23otherwise requires:
24a. “Class B fire fighting foam” means the same as defined
25in section 455F.13.
26b. “Local government” means a county, city, township, fire
27district, or other special purpose district that provides fire
28fighting services.
29c. “Perfluoroalkyl substance” or “polyfluoroalkyl substance”
30means the same as defined in section 455F.13.
31d. “Terminal” means a fuel storage and distribution facility
32that has been assigned a terminal control number by the federal
33internal revenue service.
342. Except as otherwise provided, a person, local
35government, or state agency shall not discharge or otherwise
-3-1use for training purposes a class B fire fighting foam that
2contains a perfluoroalkyl substance or polyfluoroalkyl
3substance that was intentionally added.
43. Subsection 2 does not apply to the use, manufacture,
5sale, or distribution of a class B fire fighting foam that
6includes a perfluoroalkyl substance or polyfluoroalkyl
7substance that was intentionally added when the inclusion of
8the perfluoroalkyl substance or polyfluoroalkyl substance
9is required by federal law. If an applicable federal law
10allows the use of an alternative fire fighting agent that does
11not contain a perfluoroalkyl substance or polyfluoroalkyl
12substance, the department of public health may adopt rules
13that restrict the use, manufacture, sale, and distribution of
14class B fire fighting foam for uses that are addressed by the
15applicable federal law.
164. Subsection 2 does not apply to the use, manufacture,
17sale, or distribution of a class B fire fighting foam that
18includes a perfluoroalkyl substance or polyfluoroalkyl
19substance that was intentionally added when the class B fire
20fighting foam is used by a person operating a terminal.
21 Sec. 5. PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES
22ALTERNATIVES STUDY. The department of public health shall
23conduct a one-year study of alternatives to perfluoroalkyl
24and polyfluoroalkyl substances in food packaging. The
25department shall assess the prevalence of perfluoroalkyl and
26polyfluoroalkyl substances in food packaging and determine
27the risks posed to consumers in the state. The department
28shall identify safe alternative food packaging materials.
29The department shall submit a report to the general assembly
30detailing its findings and recommendations by December 31,
312022.
32 Sec. 6. EFFECTIVE DATE. The following take effect January
331, 2022:
34The sections of this Act enacting sections 455F.12, 455F.13,
35and 455F.14.
-4-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4This bill relates to the control of certain chemicals in
5public drinking water supply systems and consumer products.
6Current law requires the environmental protection commission
7to establish rules relating to drinking water standards for
8public water supply systems, which standards shall specify
9maximum contaminant levels or treatment techniques necessary
10to protect the public health and welfare. Current law defines
11“maximum contaminant level” as the maximum permissible level of
12any physical, chemical, biological, or radiological substance
13in water that is delivered to any user of a public water supply
14system.
15The bill requires the commission to adopt maximum
16contaminant levels for perfluorooctanic acid,
17perfluorooctanesulfonate acid, and perfluoroalkyl and
18polyfluoroalkyl substances. The bill requires the commission
19to adopt separate maximum contaminant levels to protect the
20general public and vulnerable populations.
21By operation of law, a person who violates a standard adopted
22by the commission is subject to a civil penalty not to exceed
23$5,000 for each day a violation occurs. The director may issue
24an order directing a person to correct a violation of the
25standards adopted by the commission. A person against whom an
26order is issued may initiate a contested case pursuant to Code
27chapter 17A and the commission may affirm, modify, or vacate
28an order of the director or may approve the director’s request
29for the attorney general to institute legal proceedings against
30the person.
31The bill prohibits the sale of upholstered furniture that
32contains flame-retardant chemicals or chemical compounds. The
33bill makes exceptions for used upholstered furniture, certain
34upholstered furniture purchased for public use in public
35facilities, and new upholstered furniture that is otherwise
-5-1subject to the prohibition but was imported into the state or
2otherwise purchased or acquired by a retailer or wholesaler for
3sale or distribution in the state prior to January 1, 2022.
4The bill prohibits the sale of food packaging, class B fire
5fighting foam, and fire fighting personal protective equipment
6that contains a perfluoroalkyl or polyfluoroalkyl substance
7that was intentionally added. The bill makes an exception
8for new food packaging, class B fire fighting foam, and fire
9fighting personal protective equipment that is otherwise
10subject to the prohibition but was imported into the state or
11otherwise purchased or acquired by a retailer or wholesaler for
12sale or distribution in the state prior to January 1, 2022.
13The bill also prohibits a person, local government,
14or state agency from discharging or otherwise using for
15training purposes a class B fire fighting foam that contains
16a perfluoroalkyl or polyfluoroalkyl substance that was
17intentionally added, with certain exceptions.
18The bill requires the department of public health to
19conduct a one-year study investigating perfluoroalkyl and
20polyfluoroalkyl substances in food packaging and finding safe
21alternative food packaging materials. The department shall
22submit a report of its findings and recommendations to the
23general assembly by December 31, 2022.
24A violation of the provisions in the bill regulating
25products is a simple misdemeanor. A simple misdemeanor is
26punishable by confinement for no more than 30 days or a fine
27of at least $105 but not more than $855 or by both. These
28provisions take effect January 1, 2022.
-6-js/ns