SB219 PFAS USE & REMEDIATION, WATER TESTING | Alaska Bill

Plain English Breakdown

The official text defines 'hazard index' as a specific mathematical calculation rather than just determining safety, so the definition was adjusted to match the formula provided.

Alaska SB 219: PFAS Water Testing and Cleanup Rules

This law requires the state to test public drinking water for specific chemicals, sets limits that trigger free safe water if exceeded, assigns cleanup costs based on who caused a release or followed rules, and creates permit requirements for thermal cleanup methods.

What This Bill Does

Requires the department to test all public drinking water systems in Alaska at least once every year for PFAS chemicals.
Mandates testing if a chemical is released near a water supply and provides free safe water if limits are exceeded.
Sets specific concentration limits, such as 4 parts per trillion for certain acids, that trigger action by the department.
Makes people who cause releases liable for costs if they failed to follow laws or manufacturer instructions during use or disposal.
Shifts liability to product manufacturers if the person using the product followed all applicable rules and instructions.
Requires facilities cleaning up contamination with heat to get a permit that ensures minimal release of airborne compounds.

Who It Names or Affects

Public water systems located in Alaska
People who cause releases of PFAS substances
Manufacturers of products containing PFAS substances
Facilities using thermal remediation to clean up contamination

Terms To Know

PFAS: Short for perfluoroalkyl and polyfluoroalkyl substances, a group of chemicals that can contaminate water.
Thermal remediation: A cleanup method that uses heat to treat or destroy contamination from PFAS substances.
Hazard index: A calculation used when multiple chemicals are mixed in water by adding the quotients of their measured concentrations divided by health-based values.

Limits and Unknowns

The law takes effect on January 1, 2027, except for liability rules which take effect immediately.
Specific limits and definitions may be updated if the department establishes new regulations in the future.

Official Summary Text

PFAS USE & REMEDIATION, WATER TESTING
An Act relating to perfluoroalkyl and polyfluoroalkyl substances; relating to thermal remediation of perfluoroalkyl and polyfluoroalkyl substance contamination; and providing for an effective date.

Current Bill Text

Read the full stored bill text

SB0219A -1- SB 219
New Text Underlined [DELETED TEXT BRACKETED]

34-LS1305\A

SENATE BILL NO. 219

IN THE LEGISLATURE OF THE STATE OF ALASKA

THIRTY-FOURTH LEGISLATURE - SECOND SESSION

BY SENATORS KAWASAKI, Kiehl, Tobin, Gray-Jackson, Claman

Introduced: 1/21/26
Referred: State Affairs, Finance

A BILL

FOR AN ACT ENTITLED

"An Act relating to perfluoroalkyl and polyfluoroalkyl substances; relating to thermal 1
remediation of perfluoroalkyl and polyfluoroalkyl substance contamination; and 2
providing for an effective date." 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
* Section 1. AS 46.03 is amended by adding new sections to read: 5
Article 6A. Perfluoroalkyl and Polyfluoroalkyl Substances. 6
Sec. 46.03.345. Testing; drinking water. (a) The department shall test the 7
drinking water from all public water systems located in the state at least annually for 8
the presence of perfluoroalkyl substances and polyfluoroalkyl substances. 9
(b) When a perfluoroalkyl substance or polyfluoroalkyl substance is released 10
in the area of a water supply located in the state, the department shall test all drinking 11
water from the water supply for perfluoroalkyl substances and polyfluoroalkyl 12
substances. If a test conducted under this subsection detects a perfluoroalkyl substance 13
or polyfluoroalkyl substance at a level equal to or greater than the limit described in 14
34-LS1305\A
SB 219 -2- SB0219A
New Text Underlined [DELETED TEXT BRACKETED]

(c) of this section, the department shall provide each person who routinely uses the 1
tested drinking water, at no cost to the person, a source of drinking water containing 2
levels of perfluoroalkyl substances and polyfluoroalkyl substances lower than the 3
limits described in (c) of this section. 4
(c) For purposes of this section, 5
(1) the limit of perfluoroalkyl substance or polyfluoroalkyl substance 6
contamination in water is the lesser of 7
(A) the limit established by the department in regulation; or 8
(B) the following limits: 9
SUBSTANCE CUTOFF CONCENTRATION 10
perfluorooctanoic acid 4 parts per trillion 11
perfluorooctanesulfonic acid 4 parts per trillion 12
perfluorononanoic acid 10 parts per trillion 13
perfluorohexanesulfonic acid 10 parts per trillion 14
hexafluoropropylene oxide dimer acid 10 parts per trillion 15
mixture containing two or more of the following: 1 hazard index 16
perfluorononanoic acid, perfluorohexanesulfonic acid, 17
hexafluoropropylene oxide dimer acid, and 18
perfluorobutanesulfonic acid; 19
(2) the hazard index is the sum of the quotients calculated for each 20
substance by dividing the measured concentration of the substance in drinking 21
water by the health-based value associated with the substance expressed in the 22
same units as the measured concentration using 23
(A) the health-based values established by the department in 24
regulation; or 25
(B) the following health-based values: 26
SUBSTANCE HEALTH-BASED VALUE 27
perfluorononanoic acid 10 parts per trillion 28
perfluorohexanesulfonic acid 10 parts per trillion 29
hexafluoropropylene oxide dimer acid 10 parts per trillion 30
perfluorobutanesulfonic acid 2,000 parts per trillion. 31
34-LS1305\A
SB0219A -3- SB 219
New Text Underlined [DELETED TEXT BRACKETED]

Sec. 46.03.350. Liability for drinking water and drinking water testing. (a) 1
A person who causes a release of a perfluoroalkyl substance or polyfluoroalkyl 2
substance is liable for the costs of providing drinking water and drinking water testing 3
under AS 46.03.345 if the person failed to comply with any applicable laws, 4
regulations, or manufacturer instructions regarding the use and disposal of the 5
substance. 6
(b) If a person who causes a release of a product containing a perfluoroalkyl 7
substance or polyfluoroalkyl substance complied with all applicable laws, regulations, 8
and manufacturer instructions in the use and disposal of the product, the manufacturer 9
of the product is 10
(1) liable for the costs of providing drinking water and drinking water 11
testing under AS 46.03.345; and 12
(2) jointly and severally liable for any other liability under this chapter, 13
AS 46.08, AS 46.09, or any other state law related to the release of the product. 14
(c) The liability of a person for costs under this section is in addition to other 15
liability under this chapter, AS 46.08, AS 46.09, or other state law for a release of a 16
perfluoroalkyl substance or polyfluoroalkyl substance. 17
Sec. 46.03.355. Thermal remediation permit. A facility that thermally 18
remediates a perfluoroalkyl substance or polyfluoroalkyl substance contamination 19
must have a permit from the department issued under 42 U.S.C. 7661 - 7661f (Clean 20
Air Act, secs. 501 - 507) authorizing the remediation. The department may not issue a 21
permit or allow a facility to retain a permit issued under this section if the department 22
determines that the remediation will result in the release of more than a minimal 23
amount of an airborne compound with a carbon-fluorine bond detectable through 24
source testing. Source testing under this section must include testing of all compounds 25
with a carbon-fluorine bond for which the United States Environmental Protection 26
Agency has approved a testing methodology. 27
Sec. 46.03.359. Definitions. In AS 46.03.345 - 46.03.359, "perfluoroalkyl 28
substance" and "polyfluoroalkyl substance" include 29
(1) perfluorooctanoic acid; 30
(2) perfluorooctanesulfonic acid; 31
34-LS1305\A
SB 219 -4- SB0219A
New Text Underlined [DELETED TEXT BRACKETED]

(3) perfluorononanoic acid; 1
(4) perfluorohexanesulfonic acid; 2
(5) perfluorobutanesulfonic acid; 3
(6) hexafluoropropylene oxide dimer acid; 4
(7) other perfluoroalkyl substances or polyfluoroalkyl 5
substances specified by the department in regulation. 6
* Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 7
read: 8
APPLICABILITY; RETROACTIVITY. AS 46.03.350, added by sec. 1 of this Act, 9
applies retroactively to a release of a perfluoroalkyl substance or polyfluoroalkyl substance 10
occurring before, on, or after the effective date of sec. 1 of this Act. 11
* Sec. 3. Section 2 of this Act takes effect immediately under AS 01.10.070(c). 12
* Sec. 4. Except as provided in sec. 3 of this Act, this Act takes effect January 1, 2027. 13