Indiana lawmakers pass bill without controversial ‘forever chemicals’ definition

Despite a last-ditch effort by House lawmakers to resurrect manufacturer-friendly bill language that would change Indiana’s definition of toxic PFAS chemicals—known as “forever chemicals”—the provision was stripped out of legislation that ultimately advanced to the governor on Friday.

An earlier House bill passed in a 64-30 party-line vote but was subsequently abandoned by the Senate Environmental Affairs Committee over concerns that it was too “proactive.”

But the same PFAS provisions came back in a 90-second Wednesday morning conference committee, where GOP House lawmakers said they wanted to amend the language into House Bill 1329, originally a bill to block local health departments from requiring inspections of residential septic systems upon the sale of the property.

Though the first draft of that conference committee report included the PFAS language, a second draft published Thursday left it out.

Rep. Jim Pressel, R-Rolling Prairie, who authored House Bill 1329, gave few details about the decision to abandon the provision but suggested the PFAS definition change was opposed by Senate Republicans. Both the House and Senate have to approve of any final compromise.

The final draft of House Bill 1329 retained the septic system language, as well as one other addition to reduce the membership of the board of directors of the Indiana Stadium and Convention Building Authority from seven members to three members. That provision was originally part of Senate Bill 252.

The PFAS-void legislation passed the House in a 76-18 vote. The Senate approved the measure 42-5 on Friday. The bill heads to Gov. Eric Holcomb.

Sen. Rick Niemeyer, R-Lowell, who chairs the Senate Environmental Affairs Committee, said last week that he viewed the original PFAS bill as unnecessary because there have been no proposals to change Indiana’s existing rules on the chemicals.

Niemeyer noted, too, that PFAS regulation proposals must go through the state’s Environmental Rules Board, which he said would take “a minimum” of 18 months: “It gives plenty of time, on this language, if next session or over the summer or something it looks like it’s happening, and we need to do something.”

The Senate previously committee heard nearly three hours of testimony on the bill.

Proponents of the PFAS proposal, which included many in the chemical manufacturing industry, said the definition change is needed to preserve uses of PFAS in “essential” items like lithium batteries, laptop computers, semiconductors, pacemakers and defibrillators.

Even so, state regulators have yet to propose a prohibition on those uses. And while the U.S. Environmental Protection Agency is eventually expected to require states to regulate PFAS chemicals, it’s not clear when such rules will take effect.

Had the definition change been enacted in Indiana, chemicals deemed harmful in other states would no longer carry the same designation in the Hoosier state. Critics said the legislation could allow products that contain the toxic chemicals to be “wrongly” labeled as “PFAS-free.”

PFAS are used to make a variety of nonstick, waterproof and stain-resistant products like cookware, cosmetics, carpets and clothing. Among other things, exposure to the chemicals has been linked to kidney cancer, problems with the immune system and developmental issues in children.