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I understand that Delegate Rasoul intends to offer a substitute to the bill as referred to this committee and Wild Virginia would like to express our support for that substitute language. Thank you.

I am writing to express my support for the original bills (HB245 (Bulova)/HB1085 (Rasoul), but not for the substitute. This substitute bill fails to protect public health and the environment in the way it purports to as it does nothing to address the sources of PFAS pollution and prevent further contamination.

Opposed Modified Bill HB1085 Dear Delegates, my name is Joe DiNardo and I have been a toxicologist since 1976. In all my years reviewing chemical toxicity data - I have never seen a class of chemicals as toxic as PFAS. The Agency for Toxic Substances and Disease Registry (part of HHS) identifies that the cancer causing level of PFOA and PFOS are 0.007 parts per trillion (ppt) for PFOA (that is the actual dose that causes human kidney cancers based on epidemiology studies) and 1 ppt for PFOS (based on animal cancer data). The levels that the EPA selected for the Maximum Contamination Level (MCL) is 4 ppt for both PFOA and PFOS … the EPA MCL is approximately 600 times above the dose known to cause kidney cancer in humans and 4 times higher than the dose that causes cancer in animals, respectively. These substances are very toxic … something that the PFAS industry (and our regulatory agencies) knew back in the 1960’s In a National Academies of Sciences (NAS), Engineering, and Medicine Guidance Report on PFAS Exposure, Testing, and Clinical Follow-Up (2022), “PFAS as a class have a wide variety of distinct chemical properties and toxicities; for example, some PFAS can bioaccumulate and persist in the human body and the environment, while others transform relatively quickly. The PFAS that do transform, however, will become one or more other PFAS because the carbon–fluorine bond they contain does not break naturally. It is for this reason that PFAS are termed “forever chemicals.” Additionally, the NAS committee found sufficient evidence that PFAS is associated with the following diseases and health outcomes: • decreased antibody response (in adults and children), • dyslipidemia (in adults and children), • decreased infant and fetal growth, and • increased risk of kidney cancer (in adults). The committee also found limited or suggestive evidence that PFAS is associated with the following diseases and health outcomes: • increased risk of breast cancer (in adults), • liver enzyme alterations (in adults and children), • increased risk of pregnancy-induced hypertension (gestational hypertension and preeclampsia), • increased risk of testicular cancer (in adults), • thyroid disease and dysfunction (in adults), and • increased risk of ulcerative colitis (in adults). These issues are very serious problems that will require more than a simple Bill that has been watered down to help and/or protect no one other than the chemical industry! Please oppose the modified HB1085 and replace it with something that will help your constituents and the environments they live in! Most Respectfully, Joe DiNardo, Toxicologist Vesuvius VA 24483 jmjdinardo@aol.com

Correction; My comment on HB1085 dated 30 Jan 2024 contains a typo. A reference therein to HB2085 should be HB1085.

As a contaminant hydrogeologist with a career in federal environmental regulation, environmental consulting for multinational companies, and non-profit conservation in Virginia, I am writing to express my personal support for the original bills HB245 and HB1085, but not for the substitute language in the current consolidated HB1085. This substitute bill as written fails to protect public health and the environment and does little to complete the timely collection of data to address the sources of PFAS pollution and stop the cycle of contamination. Specific deficiencies of the substitute HB1085 include: * Lack of input from the vast majority of stakeholders representing perspectives including public health, conservation, agriculture, fisheries, hunters, outdoor recreation, research institutions, diverse consumers of public and private water supplies, etc. * It only applies to public water systems that serve more than 3,330 people excluding thousands of smaller water systems in Virginia and failing to protect rural communities, agriculture, and non-community water systems that serve the public (e.g. schools, campgrounds, churches, parks, accommodations, rural workplaces, etc.) * This bill does not require public water systems to test for and/or report PFAS in their source water to initiate an assessment to identify and mitigate sources of contamination. * Reporting only applies to 6 types of PFAS (PFOA, PFOS, GenX, PFBS, PFNA, and PFHxS), excluding data on dozens of other PFAS that are important for identifying sources and are automatically included by the existing sampling methods at no additional cost. It also fails to require reporting of negative findings which are of significant scientific, quality control, and regulatory program value. * Public transparency and reporting is inadequate. * The limitation to facilities that manufacture or use PFAS creates a loophole for large numbers of facilities that store, treat, or dispose of PFAS or PFAS containing materials. * The substitute fails to follow EPA’s current recommendation to use draft Method 1633. * The PFAS Expert Advisory Committee is extremely limited in its mission. There are no composition or size requirements, nor is the Committee charged with advising the Departments on the complete scope of PFAS issues facing the Commonwealth such as the vital need to address impacts on fisheries, game and other wildlife, agriculture, and non-community and private well water supplies, which especially in rural areas, serve schools, churches, children's camps, day care and preschools facilities, and as much as 70% of the population or more. * A model for the original HB1085, the West Virginia PFAS Protection Act of 2023 passed with bipartisan support, has already resulted in the completion of PFAS analysis from all WV public water supplies. The substitute HB1085 will not cover the same scope, achieve that goal, or allow Virginia to compete for remediation funding. Given these limitations, I oppose the current substitute HB1085 language, and instead support the original language of HB245 and HB1085. The common-sense bills introduced by Delegates Bulova and Rasoul would develop a more complete picture of industrial PFAS discharges to Virginia waters, protect citizens in both rural and urban areas, and help DEQ and VDH meet the future challenges of dealing with toxic PFAS ‘forever chemicals.’ Sincerely, Barbara L. Walsh

Please provide the necessary funding to implement HB 1085 (Rasoul) which will allow citizens in Virginia to be properly protected from the harmful PFAS chemicals, presently entering our waters, drinking water, foods, fish, domestic and wild animals. We need to stop the PFAS chemicals at their source.

I write in support of HB2085 as originally put forward by Delegate Rasoul. It would provide Virginia with a logical way forward toward meaningful progress in protecting the quality of our water against the rising flood of PFAS contamination while positioning Virginia for significant funding. The proposed substitute is unacceptable because of the many limitations it would place on expanding our understanding of the PFAS threat, an over reliance on self-reporting, and the slackness in enforcement it would permit. In these aspects it reveals itself to be an industry substitute reflective of too-narrow interests and resistant to the rich breadth of experts who are available and eager to attack and contain the PFAS threat, not treat it as a can to be kicked down the road. Having served on the citizen action committee that worked hard to secure Virginia Scenic River designation for the Maury River (Rockbridge Co), and more recently having embarked on a 16-acre conservation project with the support of a USDA NRCS contract, I am keenly aware that we need to do everything possible to protect the water in our wells, streams and rivers that sustain life and support a healthy economy.

As a physician and board certified specialist in Preventive Medicine, I write to protest the hurried vote on Substitute Bill HB1085 in place of much better bills proposed by Delegate Bulova (HB245) and Delegate Rasoul (Original HB1085). While PFAS chemicals have been around for many years, it is only now becoming clear that they are both remarkably persistent and dangerous compounds causing multiple forms of damage to humans and the natural environment. It is imperative that we measure PFAS of all kinds in our water systems large and small. The Virginia legislature should not be catering to industrial interests as in the substitute bill but should instead join neighboring states, notably West Virginia, in passing relevant legislation with respect to immediate testing for PFAS and regulation of their levels where necessary. This is a very complex problem, and we are not well served by burying our heads in the sand and waiting for the harms to become obvious to bystanders. The bill introduced to both chambers by Delegate Bulova and Senator Marsden offers a common-sense path forward to develop a more complete picture of industrial PFAS discharges to Virginia waters. It will provide useful data as a sound basis for future action by state agencies. Sincerely yours, Sarah A. Nunneley, M.D., M.S. Lexington, Virginia

The regulation of PFAS chemicals is of great importance. HB 245 (Bulova) and HB 1085 (Rasoul) will address this issue. Any compromise with a substitution that weakens the legislation is not in the best interest of citizens. People should know if harmful chemicals are in their drinking water. --Tyla Matteson, Chesterfield County

Comments Document

House Agriculture, Chesapeake & Natural Resources Chesapeake Subcommittee Testimony in Favor of HB245 and HB1085 January 29, 2024 Thank you for the opportunity to provide testimony on critical bills to regulate PFAS, the forever chemicals. I am Robin Broder, Deputy Director of Waterkeepers Chesapeake, the coalition of 17 Waterkeeper programs in the Chesapeake and Coastal Bays region. I'm also here as a Virginia resident and mother of two young women. As a mother, I’m very concerned about how families have been exposed to these chemicals for decades – and future generations will be exposed -- unless we act today. Four bills – HB245 & SB462 and HB1085 & SB243 -- have been filed this session to assess and regulate the sources of PFAS -- this is critical as we need to stop use of and discharge of PFAS at the source before it reaches public drinking water and wastewater treatment facilities. The substitute proposal before the committee is not one or any of those bills. While likely well intended in trying to consolidate the bills, the substitute is flawed, and will do little to identify sources of PFAS pollution in Virginia. This substitute bill does not require public water systems (of any size) to test for and/or report PFAS in their raw water. The substitute is focused on maximum contaminant levels (MCLs) for large public drinking water systems only and excludes facilities that serve fewer the 3,300 people (more than 2600 facilities) which are more likely to be located in environmental justice communities. The critical flaw is there is that requirements in the substitute bill do not apply unless two things happen: 1. the large public drinking water facility monitors for PFAS using EPA approved methods; and 2. they report the results of their monitoring that exceeds EPA's proposed MCL for PFAS to DEQ. In contrast, the four bills that were filed are all self-executing, meaning that upon adoption, they will require initial assessment of PFAS sources and reporting to DEQ. The common-sense bill introduced by Delegate Bulova and Senator Marsden offers a path forward to develop a more complete picture of industrial PFAS discharges to Virginia waters in a targeted way. It will provide useful data to help shape DEQ and VDH action in the future. Virginia should join other Chesapeake Bay states and become a leader on protecting families and drinking water from toxic forever chemicals. We oppose the substitute and support the original four bills. Robin Broder robin@waterkeeperschesapeake.org

As a geologist, Invasive Management Areas site leader, and Oakton resident, I support bills HB1000, HB1056, HB1085, HB1100, HB1449, HB1520, HB320, and HB524. These bills will improve the way we understand and and live in harmony with nature by encouraging research partnerships, avoiding the harm of pollution, invasive plants, and pipelines, and encouraging the preservation and protection of valuable ecosystems.