SB 237

                                                            Introduced Version
           SENATE BILL No. 237
                 _____
              DIGEST OF INTRODUCED BILL
Citations Affected: IC 13-11-2; IC 13-14-2.
Synopsis: PFAS chemicals. Defines "decision", "PFAS chemicals",
and "state prioritized PFAS chemicals". Prohibits the department of
environmental management (department) from basing a decision
primarily on federal risk values that have not been promulgated
through federal rulemaking. Instructs the department to avoid the use
of federal risk values that are at or below background concentrations
in air, water, soil, or sediment. Provides that the department shall focus
on state prioritized PFAS chemicals when PFAS chemicals are relevant
to carrying out the department's duties.
Effective: July 1, 2026.
                              Baldwin
   January 8, 2026, read first time and referred to Committee on Environmental Affairs.
2026  IN 237—LS 6713/DI 153
                                                                                       Introduced
            Second Regular Session of the 124th General Assembly (2026)
 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
 Constitution) is being amended, the text of the existing provision will appear in this style type,
 additions will appear in this style type, and deletions will appear in this style type.
   Additions: Whenever a new statutory provision is being enacted (or a new constitutional
 provision adopted), the text of the new provision will appear in this style type. Also, the
 word NEW will appear in that style type in the introductory clause of each SECTION that adds
 a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
 between statutes enacted by the 2025 Regular Session of the General Assembly.
                   SENATE BILL No. 237
    A BILL FOR AN ACT to amend the Indiana Code concerning
 environmental law.
     Be it enacted by the General Assembly of the State of Indiana:
1    SECTION 1. IC 13-11-2-49.5 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2026]: Sec. 49.5. "Decision", for purposes of
4 IC 13-14-2-10, includes standards, permits, enforcement actions,
5 and clean up levels.
6    SECTION 2. IC 13-11-2-163.3 IS ADDED TO THE INDIANA
7 CODE AS A NEW SECTION TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2026]: Sec. 163.3. "PFAS chemicals", for
9 purposes of IC 13-14-2-11, means non-polymeric perfluoroalkyl
10 substances or non-polymeric saturated polyfluoroalkyl substances
11 that are a group of manmade chemicals that:
12      (1) are likely to be persistent in the environment; and
13      (2) have bioaccumulation potential in humans, animals, or the
14      environment.
15    SECTION 3. IC 13-11-2-221.3 IS ADDED TO THE INDIANA
16 CODE AS A NEW SECTION TO READ AS FOLLOWS
17 [EFFECTIVE JULY 1, 2026]: Sec. 221.3. (a) "State prioritized PFAS
 2026  IN 237—LS 6713/DI 153
                                   2
1 chemicals", for purposes of IC 13-14-2-11, means non-polymeric
2 perfluoroalkyl substances or non-polymeric saturated
3 polyfluoroalkyl substances that are a group of manmade chemicals
4 that:
5(1) contain at least two (2) fully fluorinated sequential carbon
6atoms;
7(2) are likely to be persistent in the environment;
8(3) have bioaccumulation potential in humans, animals, or the
9environment; and
10(4) are regulated by the United States Environmental
11Protection Agency under the federal Safe Drinking Water Act
12(42 U.S.C. 300f et seq.) with respect to maximum contaminant
13levels.
14    (b) The term includes the following targeted fluorinated
15 substances:
16(1) Perfluorooctanoic acid (PFOA) and its salts.
17(2) Perfluorooctanesulfonic acid or perfluorooctane sulfonate
18(PFOS) and its salts.
19    (c) The term does not include gases or substances that become
20 gases in use.
21    SECTION 4. IC 13-14-2-10 IS ADDED TO THE INDIANA CODE
22 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
23 1, 2026]: Sec. 10. (a) The department may not base a decision
24 primarily on federal risk values that have not been promulgated
25 through federal rulemaking, including:
26(1) reference doses;
27(2) reference concentrations;
28(3) inhalation unit risks; or
29(4) hazard determinations, assessments, evaluations, goals, or
30toxicity or risk values;
31 developed or issued under the United States Environmental
32 Protection Agency's Integrated Risk Information System, 42 U.S.C.
33 300g-1, or 15 U.S.C. 2605.
34    (b) The department shall avoid the use of federal risk values
35 that are at or below background concentrations in air, water, soil,
36 or sediment.
37    SECTION 5. IC 13-14-2-11 IS ADDED TO THE INDIANA CODE
38 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
39 1, 2026]: Sec. 11. The department shall focus on state prioritized
40 PFAS chemicals when PFAS chemicals are relevant to carrying out
41 the department's duties under this title, including research,
42 outreach, testing, and risk communication.
 2026  IN 237—LS 6713/DI 153