Going Beyond Regulatory Compliance for Lead Testing in Water
This ASTHOReport serves as a primer for state and territorial health agencies seeking to assess the public health impacts of lead exposure in drinking water.
This ASTHOReport serves as a primer for state and territorial health agencies seeking to assess the public health impacts of lead exposure in drinking water.
Reviewing states' efforts to reduce children's exposure to lead.
Policymakers all over the country have used legislation about farmers markets and sugar-sweetened beverages to help curb many of the negative impacts of food environments.
States Continue to Address PFAS in U.S. Food and Water Supply States Continue Addressing PFAS in Food and Water Supplies Heather Tomlinson, Beth Giambrone Read how federal and state actions aim to tighten regulations to reduce PFAS exposure in the U.S. food and water supply. Use of per- and polyfluoroalkyl substances (PFAS), manufactured chemicals that resist water and heat, has steadily increased since they were first developed in the 1940s. PFAS are present in a wide variety of consumer products. PFAS do not degrade easily and can result in increasing concentrations of contamination in water and soil. PFAS exposure has been linked to a variety of health impacts, causing state and federal governments to enact legislation and create policies that reduce their presence in consumer products. States are also working on ways to address and communicate about PFAS contamination and elimination. PFAS in Food and Food Packaging FDA has been evaluating potential dietary exposure by testing foods most commonly eaten by the U.S. public for PFAS through the Total Diet Study (TDS). The initial findings indicate that the vast majority do not — 97% of the 810 fresh and processed foods samples, to be precise. Nevertheless, some specific food subtypes have shown a higher prevalence, with over half of TDS seafood samples detecting at least one type of PFAS. As part of their technical assistance to states, FDA can test foods produced in areas with known environmental contamination to evaluate potential contamination of human and animal food. One recent example came from two dairy farms in New Mexico with known PFAS groundwater contamination; this sampling resulted in milk samples from one farm showing PFAS levels at a potential health concern threshold and lead to them being discarded prior to entering the food supply. Consumers can also be exposed to PFAS through food packaging. As of February 2024, FDA announced that grease-proofing materials containing PFAS are no longer sold for food packaging in the United States, eliminating the primary source of dietary exposure from food contact surfaces. At least 17 states have introduced legislation in their 2025 sessions to prohibit selling food packaging that contains PFAS, with bills in seven states seeing significant movement. In April 2025, New Mexico enacted HB 212, which prohibits selling food packaging and other products containing PFAS starting January 1, 2027. Bills in California SB 682, Illinois SB 1531, and New York S 187 that would prohibit manufacturing, distributing, and/or selling products containing PFAS (including food packaging) advanced in the first chamber. Regulating Drinking Water In April 2024, EPA used their authority under the Safe Drinking Water Act to establish Maximum Contaminant Levels (MCLs) for PFAS found in drinking water. This National Drinking Water Regulation (NPDWR) established individual MCLs for PFOA,PFOS, PFNA, PFHxS, and GenX and a Hazard Index MCL for mixtures of two or more PFAS (specifically PFHxS, PFNA, GenX Chemicals, and PFBS). Under the rule, public water systems must complete initial monitoring for PFAS by 2027 and continuously monitor thereafter. In addition, they must inform the public about PFAS levels in their drinking water and, beginning in 2029, any public water system that exceeds one or more of the MCLs must reduce the PFAS levels and notify the public of the violation. A recent announcement from EPA stated that while they intend to retain the current MCLs for PFOA and PFOS at four parts per trillion (ppt), they will “rescind the regulations and reconsider the regulatory determinations for PFHxS, PFNA, HFPO-DA (commonly known as GenX), and the Hazard Index mixture of these three plus PFBS.” The agency will also propose to give drinking water systems until 2031 to come into compliance with the PFAS rule. A proposed rule is planned for a fall release, with finalization in the spring of 2026. Finally, EPA plans to establish a framework for exemptions and provide assistance to drinking water systems through the PFAS OUTReach Initiative. EPA delegates responsibility for enforcing regulations for public water systems to states that meet certain requirements. Under the current federal rule, states have two years to establish regulations that are at least as stringent as current EPA standards. At least 20 states currently have regulatory standards for at least one PFAS in drinking water, and so far in the 2025 sessions, at least six states introduced legislation to establish new or updated MCLs: Indiana (HB 1366), North Carolina (SB 384), and West Virginia (HB 3475) introduced bills directing their health departments to establish MCLs for certain PFAS contaminants. North Carolina’s bill also requires the Commission on Public Health to consider adopting MCLs for PFAS contaminants not listed in their legislation if at least two other states have set MCLs or issued guidance. The New York state Senate recently passed S 3207, which would tighten MCLs for PFOS and PFOA from 10 ppt to 4 ppt, and establish MCLs of 10 ppt for PFNA, PFHxS, and HFPO-DA. The measure is currently in the Assembly for consideration. Pennsylvania HB 578 would establish MCLs for PFAS at 10 ppt, and would allow MCLs established by the Environmental Quality Board or executive order of the governor to supersede current MCLs. Vermont H 286 would establish MCLs for PFOS, PFOA, PFHxS, PFNA, perfluoroheptanoic acid (PFHPA), and perfluorodecanoic acid (PFDA) at zero ppt, and MCLs for any other testable PFAS at 20 ppt. Two states also introduced legislation modifying requirements for monitoring or reporting PFAS. Maine recently enacted LD 1326, which codifies the requirements to monitor and report PFAS compounds in accordance with EPA’s final rule and requires public notification of the type and level of PFAS in drinking water if they exceed the federal standard. Delaware SB 72 would require the Department of Health and Social Services to create a website where residents can access information related to the level(s) of PFAS in public drinking water systems, and require water utility companies to provide notice of excess PFAS levels to residents who receive water from that system. The measure passed the Senate in May and is currently in the House for consideration. PFAS is a cross-cutting issue, impacting health departments, agricultural agencies, environmental agencies, and the public. State and territorial health agencies can collaborate with community groups to create a broad coalition that can work together across their respective areas to address PFAS contamination. Many states have created internal cross-agency workgroups to evaluate and address PFAS exposures. ASTHO will continue to provide updates on PFAS elimination and MCL implementation. article yes
State Policies Aim to Eliminate Food Deserts Beth Giambrone Learn how states are working to improve access to healthy foods and eliminate food deserts in this Health Policy Update. The environment where we live, work, and play can shape eating habits and make healthy eating difficult. This is especially true when nutritious foods are costly and unavailable and unhealthy foods are abundant and accessible. More than 47 million people nationwide live in food insecure households, including more than 7 million children. In addition, more than 27 million people live in "food deserts," generally defined as areas where residents do not have a convenient option for affordable, healthy food, like a supermarket or large grocery store. People who live in food deserts may be at higher risk of obesity and chronic disease. Furthermore, children and young adults who live in food insecure households are more likely to have poor academic outcomes. Increasing Access to Healthy Foods In recent years, jurisdictions have taken a multi-layered approach to increasing access to healthy foods. In 2023, the Texas legislature enacted HB 3323, which established a food system security and resiliency planning council, and requires a food system security plan for reasonably-priced food to ensure public health and welfare, economic development, the protection of the state’s agricultural resources, and includes legislative recommendations to facilitate the availability of food in the state. In 2024, Delaware enacted SB 254, establishing the Delaware Grocery Initiative to expand access to healthy foods in the state’s food deserts and areas at risk of becoming food deserts. The bill authorizes the state’s Division of Small Business to award grants and financial assistance to entities that provide or support affordable, accessible, or healthy food, including food banks and pantries, supermarkets, and corner stores. It also directs the Delaware Council on Farm & Food Policy to develop a strategy to address food insecurity in communities throughout the state and issue a report by June 1, 2025. Also in 2024, Colorado enacted HB 24-1416, codifying an incentive program designed to increase access to fresh fruits and vegetables in low-income communities. In 2024, jurisdictions also enacted legislation that makes supplemental nutritional assistance more accessible. California (AB 2786) requires the Department of Food and Agriculture to allow newly created certified mobile farmers’ markets to participate in the Women, Infants, and Children Program (WIC) Farmers’ Market Nutrition Program, if approved by USDA. Connecticut (HB 5003) requires the Department of Agriculture to purchase and make needed equipment available so certain nutrition program participants can make purchases at farmers’ markets. And Pennsylvania (SB 721) established a permanent Women, Infants, and Children State Advisory Board to advise the Department of Health on solutions to increase participation in the WIC program, including increasing access to WIC-authorized stores for participants. Jurisdictions also enacted legislation ensuring students receive healthy school meals through farm-to-school programs. New Hampshire HB 1678 created a pilot program that incentivizes school districts to buy food for school meals that come from local farms and producers. Virginia HB 830/SB 314 established a Farm to School Program Task Force within the Department of Education to increase farm-to-school school programs within the state, including programs where public schools purchase and feature locally produced food prominently in school meals and learning opportunities related to local food and agriculture. Ensuring Students are Fed At the beginning of the 2023-2024 school year, eight states, including California, Colorado, Maine Massachusetts, Michigan, Minnesota, New Mexico, and Vermont, provided free school meals to all public-school students regardless of income. In 2023, Illinois (HB 2471) and Washington (HB 1238) also enacted legislation to provide universal free school meals or expand access to free school meals for public school students. The programs in both states are subject to funding. In 2024, at least two jurisdictions enacted legislation to study and report on the cost and impact of providing free breakfast and lunch to all public-school students. Maryland (SB 579) required the Department of Education to submit a report on the cost of providing free meals to all public school students by December 1, 2024, while Virginia (SB 283) directed the Superintendent of Public Instruction to explore the impact of offering free school meals to all students and identify options to eliminate student and school meal debt and leverage federal and state programs to provide school meals. Virginia’s report was published in November 2024 and, while noting the significant costs and sustainability concerns associated with free school meals for all students, it included several strategies for maximizing existing meal programs in the state. A number of jurisdictions have also expanded eligibility requirements or updated student meal program policies in recent legislative sessions. Two states enacted legislation requiring all public schools to provide a free breakfast and lunch to students who qualify for a reduced-price meal under the Federal School Breakfast Program and Federal School Lunch Program: Louisiana in 2023 (HB 282) and Delaware in 2024 (HB 125). New Jersey (A5684) took a similar approach and also expanded state-based income eligibility criteria to allow more students to receive free meals at school. In 2023, North Dakota (HB 1494) enacted a law requiring schools participating in the federal school lunch program to adopt and publish a school meals policy that prohibits schools from taking action against students who lack funds or have unpaid meal balances, such as taking away a student’s food if they have already been served, requiring the student to work to pay off the debt, or limiting participation in school activities due to an unpaid balance. Several states also enacted legislation to benefit students during the non-school months through summer food programs. In 2023, Maine enacted LD 947, which requires summer food service program rules to allow for maximum flexibility under federal law for mealtimes and packaging of meals to send home with students. That same year, as part of a broader piece of human services legislation, California (AB 120) required the State Department of Social Services to maximize participation in the Summer EBT program, which provides funding to families with school-aged children to buy groceries during the summer. And in 2024, Hawaii (HB 2430) and New Hampshire (SB 499) enacted legislation authorizing participation in the Summer EBT program. ASTHO will continue to monitor and report on this important issue. article yes
ASTHO’s 2024 Legislative Session Update: Part One legislative session, state policy, data collection, domestic violence, health information exchange, data privacy, substance misuse, overdose prevention, sexually transmitted infections, reproductive health, contraceptive care, climate change, public health, protect data, user data, personal data, centers for disease control, disease control and prevention, social media, data management, primary care, health organizations, higher risk, family planning, data sources, astho, association of state and territorial health officials Lillian Colasurdo, Maggie Davis, Lana McKinney, JoAnne McClure This past December, ASTHO announced the top 10 public health state policy issues to watch for during the 2024 state and territorial legislative sessions. With at least 30 states concluding their regularly scheduled 2024 sessions, here is a brief update on five of the topics to watch. Data Collection and Exchange As expected, there was an increase in proposed legislation that specifically advances electronic health data access, encourages interoperability, and safeguards identifiable patient health records; this was particularly true for vital records. Hundreds of bills have been introduced this session addressing state vital records systems. The state of Illinois alone has already passed several bills, including HB 2856, which requires veteran status to be designated on death certificates, and HB 2841, which prohibits the assessment of fees to victims of domestic violence who are seeking a certified vital record (birth or death certificate) from the state. Other states such as Arizona (SB 1252) considered legislation that would require the Department of Health to provide vital records information on deceased individuals to the qualifying health information exchange (HIE). Arizona is one of eight jurisdictions (AZ, FL, IA, IL, NH, NJ, OK, and WV) that have proposed legislation addressing HIEs this session. Most of these bills increase requirements to connect to HIEs, but New Hampshire HB 1663 and Oklahoma HB 3556 would allow patients and health care providers to opt out of HIEs. As many states look to address health data privacy concerns, New Hampshire recently passed a constitutional amendment granting the explicit right to privacy and has introduced HB 1663, which would update many of the state’s privacy laws regarding medical records to conform with the constitutional requirements. Just next door, Maine considered legislation (LD 1902) that would strengthen privacy requirements for reproductive and gender-affirming patient health information. Finally, the launch of the new federal Trusted Exchange Framework and Common Agreement (TEFCA) led to the Florida legislature proposing SB 668, which, had it passed, would have required hospitals to make patient records available through a nationally recognized trusted exchange framework. It would also have required the Agency for Health Care Administration to adopt relevant rules. Substance Misuse and Overdose Prevention Measures to prevent substance misuse and reduce overdoses, namely increasing access to opioid antagonists, such as naloxone and regulating substances with the potential for misuse, are priorities this legislative season. ASTHO anticipated that states would consider legislation to reduce fatal overdoses including decriminalizing drug checking equipment, expanding naloxone access and distribution, establishing overdose prevention centers, and establishing state regulatory frameworks for commercial substances with the potential for misuse, including kratom and Delta-8. Current legislative priorities to expand access to naloxone include public spaces, such as libraries, schools, workplaces. Island jurisdictions along with at least four states—Colorado (HB 24-1003), Tennessee (SB 2141), Virginia (HB 732), and Wisconsin (AB 223)—passed legislation to provide greater access to and/or proper storage of naloxone in school settings. Additionally, Virginia passed HB 342 that requires naloxone access in state agency buildings. These legislative actions, along with the approval last year by the FDA of two non-prescription naloxone spray products for over-the-counter use, are collectively powerful policy shifts to expand access to naloxone. In an attempt to regulate substances with the potential for abuse or misuse, specifically kratom, eight states have considered legislation that would restrict the sale to people under the age of 18. Similarly, twelve states have considered legislation that would restrict the sale of kratom to those under the age of 21. At least 22 states have considered legislation that would compel specific labeling requirements for kratom. Of those, California (AB 2365) and New Jersey (A 1188) would require kratom products to be registered with the state health department annually and require lab testing of the product to meet certain qualifications. Preventing Sexually Transmitted Infections ASTHO has spotlighted the growing concerns of rising rates of sexually transmitted infections and state actions reducing congenital syphilis rates and expanding access to HIV prophylaxis (PrEP) and post-exposure prophylaxis (PEP). Rates of both syphilis and congenital syphilis continue to rise at an alarming rate, with more than 10 times as many babies being born with syphilis in 2022 than in 2012. Routine screening and timely and adequate treatment of pregnant people for syphilis, ideally more than 30 days before delivery, can effectively prevent this condition in newborns. Due to increasing cases, the American College of Obstetricians and Gynecologists recently updated their guidance for obstetrician–gynecologists and other obstetric care professionals advising serological screening for all pregnant individuals at the first prenatal visit and universal screening at the third trimester and at birth. During the 2024 legislative session at least two states—Missouri (SB 1260) and Maryland (HB 119)—are considering legislation that would require testing during pregnancy care at the third trimester for syphilis. Maryland’s legislature passed HB 119, which would require screening at the third trimester and at birth, as well as requiring the hospital to determine the syphilis status of the birthing parent before discharging the newborn. In 2023, New York enacted legislation (A 3007) that requires syphilis screening in the third trimester, and in the current legislative session they are considering S 2472, which would allow the state health department to provide education about congenital syphilis and screenings. At least six states have considered and passed legislation during the 2024 legislative session regarding expanded access for HIV prophylaxis (PrEP) and post-exposure prophylaxis (PEP). Of those considered, Georgia enacted HB 1028 to allow PEP to be issued by a standing order; Florida’s legislature passed HB 159 that would allow pharmacists to screen for HIV exposure, order, and dispense prevention drugs PEP and PrEP and sent it to the governor. Similarly, in Delaware the Senate chamber passed SB 194 that would permit pharmacists to provide PrEP and PEP pursuant to an approved protocol. Family and Reproductive Health Policymakers across all levels of government continued taking steps to make it easier for people to access contraceptives. In 2023, at least 14 states enacted laws in 2023 to facilitate expanding access to contraceptive care by either expanding the ability for pharmacists to dispense birth control without an individualized prescription and/or allowing pharmacists to dispense up to 12 months of contraceptives at once. So far in 2024, at least 13 jurisdictions considered legislation allowing pharmacists to dispense contraceptives without a prescription and at least 18 states considered legislation supporting access to 12 month supply of contraceptives. Following FDA’s July 2023 approval of Opill—the first over-the-counter (OTC) birth control pill—the drug is currently available in stores with several major pharmacies and health plans announcing that they will provide the medication at zero cost for many health plan sponsors. To further support access to Opill, at least two states (New Mexico and Wisconsin) issued standing orders for Opill to facilitate Medicaid coverage of the medication. Additionally, Maryland’s legislature passed SB 527 in March 2024, which requires community colleges to develop and implement a plan to provide students access to OTC contraception. In February 2024, New York enacted S 8096 allowing the commissioner of health to issue a standing order allowing a pharmacist to dispense self-administered hormonal contraceptives, effective retroactively to January 1, 2024. Under the new law, New York’s Commissioner of Health issued a standing order to allow pharmacists to dispense up to 12 months of self-administered hormonal contraceptives like birth control pills, vaginal rings, and contraceptive patches. Optimal Health for All ASTHO anticipates policymakers will take steps to improve collection of health disparities data, address inequities rural communities face in accessing care, and to support climate change adaptation planning efforts. So far in the 2024 legislative session, several states are considering bills to improve health care access and outcomes in rural areas. California is considering legislation (SB 945) that would build an integrated data dashboard to provide the public with information on the health impacts caused by wildfires and the effectiveness of forest health and wildfire mitigation on health outcomes. Additionally, California (AB 2342) is looking to ensure critical access hospitals on remote islands receive adequate funding through a dedicated annual supplement. New York is considering at least two bills that would promote rural health care access. First, New York S 8582 would create a pilot program to identify rural health zones and convene a rural health zone board
A One Health approach can give health agencies the connections they need to address climate and health.
Each year, ASTHO notes the top public health policy issues to watch in the upcoming year. Per- and Polyfluoroalkyl substances are synthetic chemicals that can migrate into soil, water, and air during production and use, and can accumulate in the blood of people and animals over time from exposure.
In collaboration with CDC, ASTHO launched its EPHT Fellowship Program to support state and territorial health agencies without dedicated federal funding in building tracking capacity. This brief shares solutions from Delaware and Kansas that other states and territories can explore in their jurisdictions.