Kerwin’s bill capping 17 PFAS in sewage sludge fertilizer

The text as introduced · 910 words

By: Kerwin
H.B. No. 1674

A BILL TO BE ENTITLED

AN ACT

relating to the production, sale, and use of certain agricultural

products containing perfluoroalkyl and polyfluoroalkyl substances

(PFAS); creating a criminal offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 63.001, Agriculture Code, is amended by

adding Subsections (13-a) and (15-a) to read as follows:

(13-a) "Perfluoroalkyl and polyfluoroalkyl substances"

means any member of the class of manufactured fluorinated chemicals

containing at least one fully fluorinated carbon atom.

(15-a) "Sewage sludge" means any solid, semisolid, or

liquid residue generated during treatment of sewage or septage at a

municipal, commercial, or industrial wastewater treatment

facility.

SECTION 2. Section 63.002, Agriculture Code, is amended by

amending Subsection (a) to read as follows:

Sec. 63.002. COMMERCIAL FERTILIZER. (a) Except as

otherwise provided by this section, a substance is a commercial

fertilizer subject to this chapter if it is:

(1) a fertilizer material;

(2) a mixed fertilizer;

(3) a customer-formula fertilizer; [ or ]

(4) another substance, material, or element,

including a pesticide, that is intended for use or is used as an

ingredient or component of a mixture of materials that is used,

designed or represented for use, or claimed to have value, in

promoting plant growth[ . ] ; or

(5) any biosolid, compost, wastewater residuals,

industrial or sewage septage, sewage sludge, lagoon residuals, or

other material intended for use as a fertilizer, soil amendment,

topsoil replacement, or other similar agricultural purpose that

contains or was produced from sewage sludge.

SECTION 3. Subchapter F, Chapter 63, Agriculture Code is

amended by adding Section 63.096 to read as follows:

Sec. 63.096. PROVISIONS RELATED TO PRODUCTS CONTAINING

PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES. (a) Except as

otherwise provided in this Chapter, a person may not manufacture,

sell, distribute, or apply any material described by Section

63.002(a)(5) with a concentration of perfluoroalkyl and

polyfluoroalkyl substances above the following levels:

(1) Perfluorobutyric acid - 28,800 parts per trillion;

(2) Perfluorobutane sulfonate - 40,300 parts per

trillion;

(3) Perfluoropentanoic acid - 14,400 parts per

trillion;

(4) Perfluorohexane sulfonate - 300 parts per

trillion;

(5) Perfluorohexanoic acid - 9,400 parts per trillion;

(6) Perfluoroheptanoic acid - 400 parts per trillion;

(7) Perfluorooctanoic sultanate - 5,100 parts per

trillion;

(8) Perfluorooctanoic acid - 900 parts per trillion;

(9) Perfluorooctane sulfonamide - 2,700 parts per

trillion;

(10) Perfluorononanoic acid - 1,500 parts per

trillion;

(11) Perfluorodecanoic acid - 800 parts per trillion;

(12) Perfluorodecane sulfonate - 800 parts per

trillion;

(13) Perfluoroundecanoic acid - 800 parts per

trillion;

(14) Perfluorododecanoic acid - 800 parts per

trillion;

(15) Perfluorotridecanoic acid - 800 parts per

trillion;

(16) Perfluorotridecanoic acid - 800 parts per

trillion;

(17) GenX Chemicals - 800 parts per trillion.

(b) Each month, a manufacturer of any material described by

Section 63.002(a)(5) shall send a sample identified as required by

Section 63.093 to the service for independent analysis for the

presence of perfluoroalkyl and polyfluoroalkyl substances. If the

service finds through chemical analysis or other method that a

sample contains a concentration of perfluoroalkyl and

polyfluoroalkyl substances above the levels in subsection (a):

(1) the service shall provide notification of its

findings as provided under Section 63.094(a); and

(2) the manufacturer shall dispose of the batch from

which the sample was taken through an appropriate hazardous waste

management unit as that term is defined in Section 361.003(14),

Health and Safety Code, or incineration.

(c) Within a single calendar year, if the service finds that

two or more samples provided by the same manufacturer under

Subsection (b) contain a concentration of perfluoroalkyl and

polyfluoroalkyl substances above the levels in subsection (a), the

service shall immediately issue a stop-sale order for all materials

described by Section 63.002(a)(5) produced by the manufacturer and

suspend the manufacturer's permit to distribute materials

described by 63.002(a)(5) until the manufacturer is able to provide

the service with a sample that is in compliance with this Section.

The service may conduct random on-site sampling at the

manufacturer's expense during the time the manufacturer's permit is

suspended as provided by the Subsection.

(d) If a manufacturer fails to send a sample as required

under Subsection (b) two or more times during a single calendar

year, the service shall take action against the manufacturer as

provided under Subsection (c).

(e) In addition to the requirements in Subsection (b), a

manufacturer of any material described by Section 63.002(a)(5)

shall self-test each batch of material prior to distribution, sale,

or application. The manufacturer must maintain records of each

test and publish the results on its public internet website. Any

test finding a concentration of perfluoroalkyl and polyfluoroalkyl

substances above the levels in subsection (a) shall be disposed of

as provided by Subsection (b)(2).

SECTION 4. Subchapter H, Chapter 63, Agriculture Code, is

amended by adding Sections 63.147 to read as follows:

Sec. 63.147. UNLAWFUL DISTRIBUTION OF PRODUCTS CONTAINING

PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES. (a) A person

commits an offense if the person, acting intentionally or knowingly

with respect to the person's conduct, sells, distributes, or

applies any material described by Section 63.002(a)(5) with a

concentration of perfluoroalkyl and polyfluoroalkyl substances

above the levels listed in Section 63.096(a).

(b) Except as provided in Subsection (c), a violation of

this section is a Class A Misdemeanor.

(c) If a person has previously been convicted of a violation

of this section, a subsequent violation of this section is a State

Jail Felony.

SECTION 5. This Act takes effect September 1, 2025.