Indiana bill cutting protections from toxic forever chemicals gets resurrected

A bill that would change the definition of toxic forever chemicals in Indiana and thus put Hoosiers at risk, according to experts, has been resurrected at the last hour. Language from House Bill 1399 — which died in in a Senate committee last week — has now been amended into a new bill.

During a Wednesday morning conference committee, which are scheduled when the two chambers do not agree on amendments made to a bill during session, the committee members added the language on toxic PFAS chemicals into House Bill 1329.

HB 1329 is about local government matters, setting forth rules about inspections and obtaining license bonds. Some opponents to HB 1399, the original PFAS legislation, question whether the inserted language is germane to its new home.

The change happened very fast — "in less than five minutes" — according to Sen. Shelli Yoder, D-Bloomington, who was staunchly opposed to HB 1399 when it was heard in the Senate Environmental Affairs Committee, which she serves on.

"Why is this Legislature advancing a bill that would allow companies to lie to our residents about what is in their shampoo, health products, clothes and other items?" Yoder said in a statement. "It's unconscionable. Hoosiers deserve the truth."

"Everything about this underhanded process and dangerous language is immoral and sickening," she added.

The language at question would change the definition of PFAS in Indiana.

The definition of PFAS, per- and polyfluoroalkyl substances commonly called "forever chemicals," is widely accepted: They are toxic chemicals that are dangerous to human health, accumulate in nature and people’s bodies, and take thousands of years to break down.

Forever chemicals: Indiana bill cutting protections from toxic PFAS chemicals appears to die in committee

If this language remains in the new bill, chemicals deemed harmful in every other state will no longer be considered dangerous in Indiana. In fact, they wouldn't even be recognized as PFAS.

There are more than 14,000 chemicals and compounds within the various classes of PFAS, but the PFAS language would strip as many as 5,000 from the list of toxic chemicals in Indiana, experts said.

Proponents of the PFAS language, including the chemical manufacturing industry, say the change is needed to preserve essential uses of PFAS in items such as medical devices or semiconductors. No one in Indiana, however, is proposing to prohibit those uses.

That leaves the bill looking like a solution seeking a problem, but critics say the goal appears to be more spurious: To prevent Indiana from regulating many non-essential uses of toxic PFAS in the future. This could include clothing, cookware and cosmetics.

HB 1399 appeared to die in the Senate Environmental Affairs Committee when chairman Sen. Rick Niemeyer, R-Lowell, said he would not take any action on the bill and adjourned the meeting. He added that his decision came after learning more about the science of these chemicals and that there was no pending regulation of PFAS in the state — rendering the bill unnecessary.

Rep. Maureen Bauer, D-South Bend, said she hoped that they would avoid seeing this language come back because it was the chairman's decision to not move the bill. Sill, she questions whether the PFAS language is germane, or pertinent, a septic inspection bill.

If there is enough opposition to the addition of this controversial language, Bauer hopes it will be removed to keep HB 1329 moving.

"We have a definition of PFAS in Indiana code," she said. "It's the definition that we've all agreed on and that the Department of Defense uses."

Bauer said she will work to lobby and educate her colleagues on this topic. She also plans to share a letter from more than 100 scientists from universities, laboratories and research groups across the country and globe who have expressed serious concerns about Indiana's bill. Two Indiana professors who are leaders in PFAS research, also have spoken during committee hearings and voiced their worries on the language.

The bill now needs to be signed off by all conference committee members and be approved by both the House and Senate to continue moving forward. If that all happens, it would then head to Holcomb's desk.

Call IndyStar reporter Sarah Bowman at 317-444-6129 or email at [email protected]. Follow her on Twitter and Facebook: @IndyStarSarah. Connect with IndyStar’s environmental reporters: Join The Scrub on Facebook.

IndyStar's environmental reporting project is made possible through the generous support of the nonprofit Nina Mason Pulliam Charitable Trust.

This article originally appeared on Indianapolis Star: Indiana bill cutting protections from toxic PFAS is resurrected