Forever Chemical Regulation and Accountability Act of 2026
- Bill Number
- H.R. 8016
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Environmental Protection
- Status
- Introduced
- Latest Action
- 2026-03-20: Referred to the Subcommittee on Water Resources and Environment.
- Last Updated
- 2026-07-10T08:06:24Z
AI-Generated Summary
Forever Chemical Regulation and Accountability Act of 2026 (H.R. 8016)
Purpose
The legislation aims to phase out nonessential uses of perfluoroalkyl or polyfluoroalkyl substances (PFAS, often called "forever chemicals" due to their persistence in the environment) within 10 years, prohibit all detectable environmental releases of PFAS after 10 years, promote safer alternatives, enhance research and remediation, and increase accountability through reporting, enforcement, and legal reforms.
Key Provisions
- Definitions: Defines PFAS broadly; "essential use" as critical for health/safety/society, necessary for function, with no safer alternative (safer alternative means effective, low-risk substitute); broadens "manufacturer" to include importers/exporters/processors; "user" based on volume, risks, and releases.
- National Academies Review (Sec. 101): EPA contracts with National Academies (or similar) for 10-year agreement to identify essential vs. nonessential uses, prioritize phaseouts, and report every 2 years starting 1 year post-enactment.
- Phaseout Program (Sec. 102):
- Annual reports from manufacturers/users on uses, volumes, releases, alternatives, health effects (starts 3 years post-enactment).
- Phaseout plans due 3 years post-enactment; full nonessential use ban in 10 years.
- Accelerated bans: e.g., carpets/rugs/food packaging/juvenile products (1 year); cosmetics/textiles/apparel (2 years); outdoor furnishings (4 years); severe-wet outdoor apparel (5 years). Exceptions for used goods resale.
- Petition/alternative processes to designate essential/nonessential uses, based on best science.
- U.S. PFAS Policy (Sec. 103): Remediate contamination, prioritize destruction/disposal, eliminate in consumer products, replace with low-risk alternatives; bans federal procurement of PFAS products immediately.
- Release Prohibition (Sec. 104): Bans detectable releases after 10 years; EPA sets phaseout schedule/detection methods by year 7.
- Research Allowance (Sec. 105): Permits limited PFAS use/release for R&D; stock transfers to research entities.
- Enforcement/Tools (Secs. 106-112): Inspections, civil/criminal penalties, citizen suits (60-90 day notice), imminent hazard actions, judicial review (90-day limits), fees (e.g., $100k min. for reports/petitions, adjustable), funding authorizations.
- Federal Agency Compliance (Sec. 110): Subjects agencies to state/local PFAS laws (waives immunity, except presidential national security exemptions, 1-year renewable).
- Centers of Excellence (Sec. 201): Establishes two centers (urban research university + national lab; rural university) for PFAS detection/remediation in water; $25M from DoD, reports to Congress, ends 2034 (extendable).
- State Law Actions (Sec. 202): Amends CERCLA to override state statutes of repose (fixed deadlines for suits) for PFAS/hazardous exposure claims, using federal discovery rule.
- Bankruptcy Reform (Sec. 203): Adds to CERCLA; no automatic bankruptcy stay for claims against non-debtors related to PFAS or persistent/bioaccumulative/toxic (PBT) chemicals.
Significant Changes to Existing Law
- CERCLA Amendments: Extends timelines for personal injury/property damage suits by preempting state statutes of repose (unlike statutes of limitations, which start on discovery of harm); covers newly designated hazards post-2022.
- Bankruptcy Code Interaction: Prevents automatic stays from halting suits against non-debtors for PFAS/PBT claims, even in ongoing bankruptcies (applies retroactively to pending cases).
- TSCA/Other Integration: Builds on PFAS Act of 2019 definitions; aligns with Clean Air/Water Acts but adds specific phaseouts, fees, citizen suits modeled on RCRA/CWA.
- Federal Immunity Waiver: Explicitly subjects federal agencies to PFAS laws/penalties (punitive fines allowed), with narrow national security carve-out.
Potential Impacts
- Government Agencies: EPA gains broad rulemaking/enforcement powers, fees for implementation; federal agencies (e.g., DoD) must phase out PFAS procurement/use, face state enforcement (possible exemptions); DoD funds centers.
- Citizens/Communities: Reduced PFAS exposure via bans/product phaseouts/remediation; stronger lawsuits (longer deadlines, citizen suits, imminent hazard notices); access to research tools/centers for water testing.
- Industry: Mandated reporting/plans/phaseouts increase costs/compliance burden; fees fund EPA; research stock transfers allowed; small manufacturers may get fee reductions.
- Environment/Water Systems: Prioritizes destruction over disposal; centers aid detection/remediation; no direct international effects noted, but could influence global standards.
Main Stakeholders Affected
- Manufacturers/Users: Chemical producers, importers, processors, product makers (e.g., textiles, packaging, apparel); must report, plan phaseouts, pay fees.
- EPA and Federal Agencies: Lead implementation/enforcement; DoD, Energy, others comply or fund research.
- States/Tribes/Localities: Retain stricter rules; enforce against feds; Centers aid rural/urban water issues.
- Citizens/Communities: Impacted by contamination (e.g., water users); gain suit rights.
- Research/Universities: National Labs, eligible universities host Centers; access to stocks for R&D.
- Waste/Water Utilities: Excluded from "user" but affected by releases/remediation.
Notable Legal, Constitutional, or Political Implications
- Sovereign Immunity: Waives U.S. immunity for PFAS enforcement (injunctive relief, fines), balanced by no personal liability for officials and national security exemptions (reportable to Congress).
- Citizen Suits/Access: Modeled on major environmental laws; 11th Amendment limits suits against states; broad "imminent hazard" powers without cost-benefit analysis.
- Judicial Review: Strict 90-day D.C. Circuit venue for rules/petitions; preserves common law rights.
- Preemption: No federal preemption of stricter state rules; floor for less stringent local laws.
- Severability (Sec. 114): Invalid provisions don't doom the Act.
- Political: Aggressive timelines/fees may face industry challenges; emphasizes science/transparency/community engagement; bankruptcy/CERCLA changes aid plaintiffs in legacy pollution cases.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (5)
Rep. Morrison, Kelly [D-MN-3], Rep. Grijalva, Adelita S. [D-AZ-7], Rep. Krishnamoorthi, Raja [D-IL-8], Rep. Quigley, Mike [D-IL-5], Rep. Wasserman Schultz, Debbie [D-FL-25]
Recent Actions
- 2026-03-20: Referred to the Subcommittee on Water Resources and Environment.
- 2026-03-19: Referred to the Committee on Energy and Commerce, and in addition to the Committees on Oversight and Government Reform, Science, Space, and Technology, Transportation and Infrastructure, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-03-19: Referred to the Committee on Energy and Commerce, and in addition to the Committees on Oversight and Government Reform, Science, Space, and Technology, Transportation and Infrastructure, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-03-19: Referred to the Committee on Energy and Commerce, and in addition to the Committees on Oversight and Government Reform, Science, Space, and Technology, Transportation and Infrastructure, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-03-19: Referred to the Committee on Energy and Commerce, and in addition to the Committees on Oversight and Government Reform, Science, Space, and Technology, Transportation and Infrastructure, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-03-19: Referred to the Committee on Energy and Commerce, and in addition to the Committees on Oversight and Government Reform, Science, Space, and Technology, Transportation and Infrastructure, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-03-19: Introduced in House
- 2026-03-19: Introduced in House
Bill Versions
- Forever Chemical Regulation and Accountability Act of 2026 — issued 2026-03-19 — PDF (106 pages)