00 HOUSE BILL NO. 235 01 "An Act relating to perfluoroalkyl and polyfluoroalkyl substances; relating to thermal 02 remediation of perfluoroalkyl and polyfluoroalkyl substance contamination; and 03 providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05  * Section 1. AS 46.03 is amended by adding new sections to read: 06 Article 6A. Perfluoroalkyl and Polyfluoroalkyl Substances.  07 Sec. 46.03.345. Testing; drinking water. (a) The department shall test the 08 drinking water from all public water systems located in the state at least annually for 09 the presence of perfluoroalkyl substances and polyfluoroalkyl substances. 10 (b) When a perfluoroalkyl substance or polyfluoroalkyl substance is released 11 in the area of a water supply located in the state, the department shall test all drinking 12 water from the water supply for perfluoroalkyl substances and polyfluoroalkyl 13 substances. If a test conducted under this subsection detects a perfluoroalkyl substance 14 or polyfluoroalkyl substance at a level equal to or greater than the limit described in 01 (c) of this section, the department shall provide each person who routinely uses the 02 tested drinking water, at no cost to the person, a source of drinking water containing 03 levels of perfluoroalkyl substances and polyfluoroalkyl substances lower than the 04 limits described in (c) of this section. 05 (c) For purposes of this section, 06 (1) the limit of perfluoroalkyl substance or polyfluoroalkyl substance 07 contamination in water is the lesser of 08 (A) the limit established by the department in regulation; or 09 (B) the following limits: 10 SUBSTANCE CUTOFF CONCENTRATION 11 perfluorooctanoic acid 4 parts per trillion 12 perfluorooctanesulfonic acid 4 parts per trillion 13 perfluorononanoic acid 10 parts per trillion 14 perfluorohexanesulfonic acid 10 parts per trillion 15 hexafluoropropylene oxide dimer acid 10 parts per trillion 16 mixture containing two or more of the following: 1 hazard index 17 perfluorononanoic acid, perfluorohexanesulfonic acid, 18 hexafluoropropylene oxide dimer acid, and 19 perfluorobutanesulfonic acid; 20 (2) the hazard index is the sum of the quotients calculated for each 21 substance by dividing the measured concentration of the substance in drinking 22 water by the health-based value associated with the substance expressed in the 23 same units as the measured concentration using 24 (A) the health-based values established by the department in 25 regulation; or 26 (B) the following health-based values: 27 SUBSTANCE HEALTH-BASED VALUE 28 perfluorononanoic acid 10 parts per trillion 29 perfluorohexanesulfonic acid 10 parts per trillion 30 hexafluoropropylene oxide dimer acid 10 parts per trillion 31 perfluorobutanesulfonic acid 2,000 parts per trillion. 01 Sec. 46.03.350. Liability for drinking water and drinking water testing. (a) 02 A person who causes a release of a perfluoroalkyl substance or polyfluoroalkyl 03 substance is liable for the costs of providing drinking water and drinking water testing 04 under AS 46.03.345 if the person failed to comply with any applicable laws, 05 regulations, or manufacturer instructions regarding the use and disposal of the 06 substance. 07 (b) If a person who causes a release of a product containing a perfluoroalkyl 08 substance or polyfluoroalkyl substance complied with all applicable laws, regulations, 09 and manufacturer instructions in the use and disposal of the product, the manufacturer 10 of the product is 11 (1) liable for the costs of providing drinking water and drinking water 12 testing under AS 46.03.345; and 13 (2) jointly and severally liable for any other liability under this chapter, 14 AS 46.08, AS 46.09, or any other state law related to the release of the product. 15 (c) The liability of a person for costs under this section is in addition to other 16 liability under this chapter, AS 46.08, AS 46.09, or other state law for a release of a 17 perfluoroalkyl substance or polyfluoroalkyl substance. 18 Sec. 46.03.355. Thermal remediation permit. A facility that thermally 19 remediates a perfluoroalkyl substance or polyfluoroalkyl substance contamination 20 must have a permit from the department issued under 42 U.S.C. 7661 - 7661f (Clean 21 Air Act, secs. 501 - 507) authorizing the remediation. The department may not issue a 22 permit or allow a facility to retain a permit issued under this section if the department 23 determines that the remediation will result in the release of more than a minimal 24 amount of an airborne compound with a carbon-fluorine bond detectable through 25 source testing. Source testing under this section must include testing of all compounds 26 with a carbon-fluorine bond for which the United States Environmental Protection 27 Agency has approved a testing methodology. 28 Sec. 46.03.359. Definitions. In AS 46.03.345 - 46.03.359, "perfluoroalkyl 29 substance" and "polyfluoroalkyl substance" include 30 (1) perfluorooctanoic acid; 31 (2) perfluorooctanesulfonic acid; 01 (3) perfluorononanoic acid; 02 (4) perfluorohexanesulfonic acid; 03 (5) perfluorobutanesulfonic acid; 04 (6) hexafluoropropylene oxide dimer acid; 05 (7) other perfluoroalkyl substances or polyfluoroalkyl 06 substances specified by the department in regulation. 07  * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 APPLICABILITY; RETROACTIVITY. AS 46.03.350, added by sec. 1 of this Act, 10 applies retroactively to a release of a perfluoroalkyl substance or polyfluoroalkyl substance 11 occurring before, on, or after the effective date of sec. 1 of this Act. 12  * Sec. 3. Section 2 of this Act takes effect immediately under AS 01.10.070(c). 13  * Sec. 4. Except as provided in sec. 3 of this Act, this Act takes effect January 1, 2027.