AB 922

This bill creates a process for establishing management zones for

perfluoroalkyl and polyfluoroalkyl substances (PFAS) and creates special

requirements within those zones. This bill also changes existing grant and loan

programs to prioritize projects in PFAS management zones, and requires the

Department of Natural Resources to establish an advisory committee to assist in all

PFAS-related actions.

Establishing PFAS management zones

Under the bill, if a test of drinking water shows levels of perfluorooctanoic acid

(PFOA) and perfluorooctanesulfonic acid (PFOS) in excess of 70 parts per trillion (a

positive test), the outer boundaries of an initial PFAS management zone is set at a

one-mile radius around the location of the positive test. The area that is one mile

outside of this initial boundary is designated as the testing region, within which DNR

may conduct testing and research relating to PFOA and PFOS, as well as

perfluorobutane sulfonic acid (PFBS), perfluoroheptanoic acid (PFHpA),

perfluorohexane sulfonic acid (PFHxS), and perfluorononanoic acid (PFNA).

If five positive tests for PFOA and PFOS are found in a testing region, the

maximum boundary of an initial PFAS management zone expands to include the

testing region and the area that is one mile outside of this new boundary becomes

a new testing region. DNR may continue to expand the maximum boundary of a

proposed PFAS management zone and testing region in one-mile increments until

it can no longer find five positive tests for PFOA and PFOS in a testing region.

If DNR finds a discernable path of contamination, DNR must continue to

extend the boundary of the proposed PFAS management zone and testing region in

one-mile increments in the direction of the path of contamination until it can no

longer find five positive tests for PFOA and PFOS in the testing region. If DNR finds

a discernable path of contamination, DNR must also consider removing from the

proposed PFAS management zone any areas that are not in the path of

contamination and that either do not contain positive tests or that contain minimal

evidence of contamination. DNR must also consider removing areas from the

proposed PFAS management zone based on several listed factors, including

hydrogeological considerations, likely sources of contamination, and physical

boundaries such as public roadways.

The bill requires DNR, when testing for PFAS, to require testing to be done in

soil and sediment, groundwater, surface water, drinking water, biosolids, and, if

applicable, fish and wildlife tissue. DNR must use any testing data to advise in any

PFAS-related permanent rules. The bill also requires any sampling to be conducted

by DNR or by a third party with whom DNR contracts. Any testing must be

conducted by the State Laboratory of Hygiene or a laboratory accredited for PFAS

testing by DNR.

After it determines the boundaries of a proposed PFAS management zone, DNR