TRANSMITTAL LETTER FOR BOARD MEETING OF FEBRUARY 16, 2023
COMMITTEE ON PUBLIC HEALTH AND WELFARE
Mr. Brian A. Perkovich, Executive Director
Title
Authority to adopt a Per- and Polyfluoroalkyl Substances Policy
Body
Dear Sir:
Per- and polyfluoroalkyl substances (PFAS) have emerged as contaminants of concern to communities and ecosystems served by public water and wastewater utilities such as the Metropolitan Water Reclamation District of Greater Chicago (District). Public utilities such as the District have not manufactured PFAS. Still, they may have to spend money to monitor for them, seek solutions for their treatment, explore approaches for preventing their entry into their systems, and otherwise protect public and ecosystem health.
It is the direction of the Board of Commissioners (Board) that organizations and lobbyists that represent the District’s interests and similar utilities’ interests in Congress and the Illinois State Legislature shall:
• Request draft legislative language be circulated to District staff and Board (via the chair and vice-chair of the Public Health & Welfare Committee and any other committee leadership that requests it) by September 1, 2023 that seeks approaches whereby PFAS manufacturers will be responsible for all related (direct and indirect) expenses born by utilities such as the District.
• Request this approach be in addition to the current organizations’ position that utilities should be indemnified from responsibility. This is because Congress has, so far, not indemnified utilities and may not until alternative potentially responsible entities are identified for responsibility.
• Request quarterly reports to the Board and District staff directly from such organizations and lobbyists starting June 30, 2023, that:
o Describe progress made in introducing such legislation, including bipartisan legislators with whom trade associations and lobbyists are working; and
o Describe progress made in passing such legislation
This policy is to be effective upon adoption.
Wherefore, the Board of Commissioners hereby adopts a Per- and Polyfluoroalkyl Substances Policy, as set forth herein.
Requested, Susan T. Morakalis, General Counsel, STM
Recommended, Brian A. Perkovich, Executive Director
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for February 16, 2023