2023 -- H 5861

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LC002186

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO WATERS AND NAVIGATION -- PFAS IN DRINKING WATER,

GROUNDWATER, AND SURFACE WATER

     Introduced By: Representatives Speakman, and Cortvriend

     Date Introduced: March 01, 2023

     Referred To: House Environment and Natural Resources

     (Dept. of Health)

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

LC002186 - Page 2 of 4

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. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO WATERS AND NAVIGATION -- PFAS IN DRINKING WATER,

GROUNDWATER, AND SURFACE WATER

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     This act would provide that water supply systems that have PFAS contaminants that exceed

the interim drinking water standard be required to enter into a consent agreement with department

of health to implement treatment to reduce the levels of PFAS contaminants.

     This act would take effect upon passage.

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