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As most states have now wrapped up their legislative sessions, we’ve found that states across the nation have adopted a range of innovative policies to combat toxic chemicals and incentivize the adoption of safer solutions.  So far this year, 17 states have adopted at least 35 policies that help transform our economic system to better protect communities and create incentives for industry to develop safer chemicals and materials. 

Safer States published 2023 Analysis of State Legislation Addressing Toxic Chemicals and Materials on February 6, 2023 which analyzed state-level policies driving toward safer chemicals and materials and healthier communities, finding that at least 30 states will consider policies in 2023. Safer States anticipates that at least 260 policies will be under consideration in 2023 with PFAS, plastics and cosmetics being the most relevant issues.

On Wednesday, June 8, Illinois Governor JB Pritzker signed into law a first-in-the-nation policy that prohibits the disposal by incineration of PFAS (perfluoroalkyl and polyfluoroalkyl substances) that are listed in the U.S. Environmental Protection Agency’s Toxic Release Inventory. This includes, but is not strictly limited to, PFAS substances that are often found in aqueous film-forming foam, otherwise known as firefighting foam. In 2020, New York adopted a similar law that banned the incineration of PFAS-containing firefighting foams at a specific facility, but Illinois is the first to issue a statewide ban on incinerating certain PFAS. 

What a year! In 2021 states have once again stepped up and created incentives for safer chemistries, materials as well as protections from toxic chemicals. Using PFAS as a way to highlight the problem, states drove a big toxics agenda including pushing for a class-based restriction of toxic chemicals, transparency about what chemicals are in what products, and identification of safer materials and processes. 

From Anchorage, AK to Greenburgh, NY to Albertsons’ hometown of Boise, ID, shoppers urged the company to turn up the heat on toxic chemicals this summer.

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