| Chapter 258 |
| 2023 -- S 0724 SUBSTITUTE A AS AMENDED Enacted 06/22/2023 |
| A N A C T |
| RELATING TO WATERS AND NAVIGATION -- PFAS IN DRINKING WATER, GROUNDWATER, AND SURFACE WATER |
Introduced By: Senator Walter S. Felag |
| Date Introduced: March 22, 2023 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Sections 46-32-2 and 46-32-3 of the General Laws in Chapter 46-32 entitled |
| "PFAS in Drinking Water, Groundwater, and Surface Waters" are hereby amended to read as |
| follows: |
| 46-32-2. Interim drinking water standard and testing requirements. |
| (a) As used in this chapter, “PFAS contaminants” means perfluorooctanoic acid (PFOA), |
| perfluorooctane sulfonic acid (PFOS), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic |
| acid (PFNA), and perfluoroheptanoic acid (PFHpA), and perfluorodecanoic acid (PFDA). |
| (b) On or before July 1, 2023, all public water supply systems in the state as defined by § |
| 46-13-2, except transient, non-community water systems as defined by the department of health in |
| 216-RICR-50-05-1 as may be amended, shall conduct monitoring for the presence of PFAS |
| contaminants in drinking water supplied by the system. Regular monitoring shall be conducted as |
| follows until adoption of maximum contaminant level rules pursuant to § 46-32-4: |
| (1) If monitoring results detect the presence of any PFAS contaminants individually or in |
| combination in excess of the interim drinking water standard level of twenty parts per trillion (20 |
| ppt), the public water supply system shall conduct continued quarterly monitoring. |
| (2) If monitoring results detect the presence of any PFAS contaminants individually or in |
| combination at a level equal to or below the interim drinking water standard level of twenty parts |
| per trillion (20 ppt), the public water supply system shall conduct continued monitoring annually. |
| (3) If monitoring results do not detect the presence of any PFAS contaminants, the public |
| water supply system shall conduct continued monitoring every two (2) years. |
| (c) If monitoring results under subsection (b) of this section confirm the presence of any |
| PFAS contaminants individually or in combination in excess of the interim drinking water standard |
| level of twenty parts per trillion (20 ppt), the department of health shall require monitoring in a |
| manner consistent with applicable regulations governing synthetic organic contaminants, including |
| but not limited to, requiring a confirmation sample, prior to directing the public water supply system |
| to implement treatment or other remedy to reduce the levels of PFAS contaminants in the drinking |
| water of the public water supply system below the interim drinking water standard level. |
| (d) On or before July 1, 2023, if the PFAS contaminants exceed the level of twenty parts |
| per trillion (20 ppt), the public water supply system shall provide potable water through other means |
| to all customers or users of the system. The requirement for a public water supply system to provide |
| potable water to customers and users of the system through other means shall cease when |
| monitoring results indicate that the levels of PFAS contaminants in the drinking water of the public |
| water supply system are below the interim drinking water standard level of twenty parts per trillion |
| (20 ppt). If the PFAs contaminants exceed the interim drinking water standard, the department |
| shall, within one-hundred and eighty (180) days of being notified of the exceedance, draft and enter |
| into a consent agreement with a public water supply system requiring dates for submittal of |
| construction plans and specifications, prepared and stamped by a professional engineer registered |
| in accordance with the provisions of chapter 8 of title 5, to the department of health, to implement |
| treatment or other remedy to reduce the levels of PFAS contaminants in the drinking water of the |
| public water supply system to at or below the interim drinking water standard level. If the |
| department has not approved a consent agreement within one hundred eighty (180) days, the |
| director of the department will take any and all action necessary to obtain compliance in accordance |
| with subsection (e) of this section. |
| (e) The director of the department of health is authorized to enforce the requirements of |
| this chapter in accordance with the provisions of chapter 13 of this title and violations will be |
| subject to the penalties imposed pursuant to § 46-13-16. A person may contest or appeal a decision |
| of the director, a penalty imposed for violation, or the fact of violation pursuant to the provisions |
| of chapter 35 of title 42 (the “administrative procedures act”). |
| 46-32-3. Drinking water standards for PFAS contaminants. |
| If the director of the department of health decides to publish a notice pursuant to the |
| provisions of § 46-32-4(b)(1) then on or before June 1, 2024, the director of the department of |
| health shall, pursuant to this section, file under § 42-35-4 a final rule with the secretary of state |
| regarding adoption of the interim drinking water standard level of twenty parts per trillion (20 ppt) |
| for perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorohexane |
| sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), perfluoroheptanoic acid (PFHpA), and |
| perfluorodecanoic acid (PFDA) as a maximum contaminant level (MCL). Upon the effective date |
| of the final rule, the drinking water monitoring provisions of § 46-32-2 may be suspended, |
| modified, or superseded by the provisions of the final rules rule and the maximum contaminant |
| level, as specified pursuant to § 46-32-4, shall apply to § 46-32-2(d). |
| SECTION 2. Section 23-18.13-4 of the General Laws in Chapter 23-18.13 entitled "Toxic |
| Packaging Reduction Act" is hereby amended to read as follows: |
| 23-18.13-4. Prohibition — Schedule for removal of incidental amounts. |
| (a) No package or packaging component shall be offered for sale or for promotional |
| purposes by its manufacturer or distributor in the state, which includes, in the package itself or in |
| any packaging component, inks, dyes, pigments, adhesives, stabilizers, or any other additives, any |
| lead, cadmium, mercury, or hexavalent chromium that has been intentionally introduced as an |
| element during manufacturing or distribution as opposed to the incidental presence of any of these |
| elements. |
| (b) No product shall be offered for sale or for promotional purposes by its manufacturer or |
| distributor in the state in a package which includes, in the package itself or in any of its packaging |
| components, inks, dyes, pigments, adhesives, stabilizers, or any other additives, any lead, cadmium, |
| mercury, or hexavalent chromium that has been intentionally introduced as an element during |
| manufacturing or distribution as opposed to the incidental presence of any of these elements. |
| (c) The sum on the concentration levels of lead, cadmium, mercury, and hexavalent |
| chromium present in any package or packaging component shall not exceed 100 parts per million |
| by weight (0.01%). |
| (d) Effective January 1, 2024 July 31, 2024, no food package to which PFAS have been |
| intentionally introduced during manufacturing or distribution in any amount shall be offered for |
| sale or for promotional purposes by its manufacturer or distributor in the state. |
| (e) No substitute material used to replace a chemical regulated by this chapter in a package |
| or packaging component may be used in a quantity or manner that creates a hazard as great as or |
| greater than the hazard created by the chemical regulated by this act. The certificate of compliance |
| required by § 23-18.13-6 shall require an assurance to this effect. |
| (f) Interstate clearinghouse. The department is authorized to participate in the |
| establishment and implementation of a regional or national, multi-state clearinghouse to assist in |
| carrying out the requirements of this chapter and to help coordinate reviews of the regulatory |
| applicability, certificates of compliance, education and outreach activities, and any other related |
| functions. The clearinghouse may also maintain reports on the effectiveness of the program, |
| certificates of analysis and compliance for product packaging. |
| SECTION 3. This act shall take effect upon passage. |
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| LC002293/SUB A |
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