Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2197 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 3
2	2	HOUSE DOCKET, NO. 3324 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2197
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Kate Hogan and Julian Cyr
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to protect Massachusetts public health from PFAS.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Kate Hogan3rd Middlesex1/19/2023Julian CyrCape and Islands1/24/2023Jack Patrick Lewis7th Middlesex1/24/2023Mindy Domb3rd Hampshire1/24/2023James C. Arena-DeRosa8th Middlesex1/24/2023Steven Owens29th Middlesex1/24/2023Rebecca L. RauschNorfolk, Worcester and Middlesex1/24/2023Kimberly N. Ferguson1st Worcester1/24/2023Adam Scanlon14th Bristol1/24/2023Rodney M. Elliott16th Middlesex1/24/2023Lindsay N. Sabadosa1st Hampshire1/24/2023Christopher Hendricks11th Bristol1/24/2023Sarah K. Peake4th Barnstable1/24/2023Patricia A. Duffy5th Hampden1/24/2023Tram T. Nguyen18th Essex1/24/2023Brian W. Murray10th Worcester1/25/2023Angelo J. Puppolo, Jr.12th Hampden1/25/2023Aaron L. Saunders7th Hampden1/25/2023 2 of 3
16	16	Steven Ultrino33rd Middlesex1/25/2023Adrianne Pusateri Ramos14th Essex1/25/2023Simon Cataldo14th Middlesex1/25/2023Christine P. Barber34th Middlesex1/25/2023Paul J. Donato35th Middlesex1/25/2023David Paul Linsky5th Middlesex1/26/2023Josh S. Cutler6th Plymouth1/26/2023Jessica Ann Giannino16th Suffolk1/27/2023James K. Hawkins2nd Bristol1/27/2023Sean Garballey23rd Middlesex1/27/2023Carmine Lawrence Gentile13th Middlesex1/28/2023Angelo L. D'Emilia8th Plymouth1/30/2023Kevin G. Honan17th Suffolk1/30/2023Ruth B. Balser12th Middlesex1/31/2023Ann-Margaret Ferrante5th Essex1/31/2023Thomas M. Stanley9th Middlesex2/3/2023David M. Rogers24th Middlesex2/3/2023Adrian C. Madaro1st Suffolk2/3/2023Samantha Montaño15th Suffolk2/3/2023Sally P. Kerans13th Essex2/4/2023Joseph D. McKenna18th Worcester2/6/2023Mary S. Keefe15th Worcester2/6/2023Michelle M. DuBois10th Plymouth2/7/2023Andres X. Vargas3rd Essex2/8/2023Tricia Farley-Bouvier2nd Berkshire2/8/2023David Allen Robertson19th Middlesex2/8/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/8/2023Tackey Chan2nd Norfolk2/9/2023Kay Khan11th Middlesex2/9/2023Margaret R. Scarsdale1st Middlesex2/9/2023Edward R. Philips8th Norfolk2/9/2023James B. EldridgeMiddlesex and Worcester2/10/2023William C. Galvin6th Norfolk2/13/2023Joanne M. ComerfordHampshire, Franklin and Worcester2/13/2023Kelly W. Pease4th Hampden2/15/2023James Arciero2nd Middlesex2/15/2023Paul McMurtry11th Norfolk2/15/2023Patrick Joseph Kearney4th Plymouth2/16/2023Danillo A. Sena37th Middlesex2/17/2023 3 of 3
17	17	John Barrett, III1st Berkshire2/21/2023Kate Lipper-Garabedian32nd Middlesex2/22/2023Natalie M. Higgins4th Worcester2/22/2023Christopher Richard Flanagan1st Barnstable2/23/2023David Henry Argosky LeBoeuf17th Worcester2/23/2023Jennifer Balinsky Armini8th Essex2/28/2023Lydia EdwardsThird Suffolk3/2/2023Paul R. FeeneyBristol and Norfolk3/5/2023Dylan A. FernandesBarnstable, Dukes and Nantucket3/6/2023William J. Driscoll, Jr.7th Norfolk3/6/2023Marcus S. Vaughn9th Norfolk3/7/2023John F. KeenanNorfolk and Plymouth3/9/2023Bradley H. Jones, Jr.20th Middlesex3/10/2023Carol A. Doherty3rd Bristol3/13/2023 1 of 17
18	18	HOUSE DOCKET, NO. 3324 FILED ON: 1/20/2023
19	19	HOUSE . . . . . . . . . . . . . . . No. 2197
20	20	By Representative Hogan of Stow and Senator Cyr, a joint petition (accompanied by bill, House,
21	21	No. 2197) of Kate Hogan, Julian Cyr and others for legislation to protect public health from
22	22	PFAS. Public Health.
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act to protect Massachusetts public health from PFAS.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 10 of the General Laws is hereby amended by inserting after
32	32	2section 35SSS the following section:-
33	33	3 Section 35TTT. (a) As used in this section, the following words, unless the context
34	34	4clearly requires otherwise, shall have the following meanings:-
35	35	5 “Board of health”, any body politic or political subdivision of the commonwealth that
36	36	6acts as a board of health, public health commission or a health department for a municipality,
37	37	7region or district, including, but not limited to, municipal boards of health, regional health
38	38	8districts established pursuant to G.L. c. 111, § 27B and boards of health that share services
39	39	9pursuant to G.L. c. 40, § 4A.
40	40	10 “Office”, executive office of energy and environmental affairs.
41	41	11 “Per- and polyfluoroalkyl substances” or “PFAS”, as defined in 310 CMR 22.07G. 2 of 17
42	42	12 “Regional system”, any system established by mutual agreement of 2 or more
43	43	13municipalities or by a county in which all municipalities of said county have an agreement to
44	44	14provide drinking water or wastewater services, or both, through shared facilities, sources or
45	45	15distribution networks.
46	46	16 “Secretary”, secretary of energy and environmental affairs.
47	47	17 (b) (1) There shall be a PFAS Remediation Trust Fund. Expenditures from the fund shall
48	48	18be made by the executive office of energy and environmental affairs, without further
49	49	19appropriation and consistent with the terms of settlements made in connection with claims
50	50	20arising from the manufacture, marketing or sale of PFAS-containing aqueous film-forming foam,
51	51	21as applicable. The secretary of energy and environmental affairs shall administer the fund.
52	52	22 (2) The fund shall be expended to mitigate the impacts of PFAS contamination in
53	53	23drinking water, groundwater, and soil in the commonwealth, including, but not limited to,
54	54	24assisting municipalities, private well owners, and public water systems with the cost of PFAS
55	55	25remediation projects. Amounts credited to the fund shall not be subject to further appropriation
56	56	26and monies remaining in the fund at the end of the fiscal year shall not revert to the General
57	57	27Fund, but shall instead be available for expenditure during the next fiscal year. Any fiscal year-
58	58	28end balance in the fund shall be excluded from the calculation of the consolidated net surplus
59	59	29pursuant to G.L. c. 29, § 5C.
60	60	30 (3) There shall be credited to the fund: (i) amounts recovered by the commonwealth and
61	61	31credited thereto in connection with claims arising from the manufacture, marketing or sale of
62	62	32PFAS-containing aqueous film-forming foam; (ii) transfers from other funds authorized by the
63	63	33general court and so designated; (iii) funds from public or private sources, including, but not 3 of 17
64	64	34limited to, gifts, grants, donations, rebates and settlements received by the commonwealth
65	65	35designated to the fund; and (iv) any interest earned on such amounts.
66	66	36 (c) The secretary shall award and administer grants from the fund, without further
67	67	37appropriation, for the purpose of addressing exceedances of state cleanup standards for PFAS in
68	68	38drinking water, groundwater and soil to: (i) municipalities for municipal use, including, but not
69	69	39limited to, establishing connections to regional systems and funds necessary to address the
70	70	40reasonable administrative costs of the municipality; (ii) boards of health for use in assisting
71	71	41private well users; (iii) community water systems for use on an existing system or to expand a
72	72	42system to assist additional water users; and (iv) non-transient non-community water systems.
73	73	43 (d) The office shall adopt rules, and include conditions in grant documents, to ensure that
74	74	44the applicant has made and will make reasonable efforts to obtain and use funds from any liable
75	75	45or potentially liable third party, excluding public sector fire departments for the use of Class B
76	76	46firefighting foam in emergency responses, prior to and after receiving a grant. In addition, the
77	77	47office shall adopt rules establishing criteria to ensure that an applicant shall not be eligible for
78	78	48grants for any project or portion of a project to the extent the negligence of the applicant caused
79	79	49the contamination that resulted in the exceedance of state cleanup standards for PFAS in drinking
80	80	50water, groundwater and soil.
81	81	51 (e) If the office provides a grant related to costs for a project for which a third party might
82	82	52otherwise be liable, the right to recover payment from such third party, excluding public sector
83	83	53fire departments for the use of Class B firefighting foam in emergency responses, shall be
84	84	54subrogated to the office to the extent of such forgiveness or grant. Any money recovered by the
85	85	55office from such third parties shall be deposited in the PFAS Remediation Trust Fund. 4 of 17
86	86	56 (f)(1) The office may collaborate with the department of public health to provide funding
87	87	57for boards of health to establish a program of rebates to private well users. Eligible spending for
88	88	58rebate shall include, but not be limited to, sampling of private well water for PFAS regulated by
89	89	59the department of environmental protection under 310 CMR 22.00 and purchase of point-of-
90	90	60entry or point-of-use treatment systems to remove PFAS from drinking water.
91	91	61 (2) Boards of health may opt in to receive funding from the office pursuant to paragraph
92	92	62(1), and may apply for and receive funds from the office necessary to cover reasonable
93	93	63administrative costs related to implementation of said paragraph (1). Boards of health that opt in
94	94	64shall amend their codes to require private well water quality testing for PFAS for property sales
95	95	65and new construction.
96	96	66 (3) Annually, not later than August 31, boards of health that opt in under paragraph (2)
97	97	67shall submit a report to the office including information demonstrating compliance during the
98	98	68preceding fiscal year with said paragraph (2).
99	99	69 (g) Annually, not later than October 1, the secretary shall file a report on the activity,
100	100	70revenue and expenditures to and from the fund in the prior fiscal year with the clerks of the
101	101	71house of representatives and the senate and the house and senate committees on ways and means,
102	102	72and shall make the report available on the office’s website. The report shall include, but not be
103	103	73limited to: (i) revenue credited to the fund; (ii) the amount of expenditure attributable to the
104	104	74administrative costs of the office; (iii) an itemized list of the funds expended from the fund; and
105	105	75(iv) data and an assessment of how well resources have been directed to environmental justice
106	106	76communities. 5 of 17
107	107	77 SECTION 2. Chapter 21 of the General Laws is hereby amended by inserting after
108	108	78section 43A the following section:-
109	109	79 Section 43B. (a) The department of environmental protection shall amend its
110	110	80groundwater discharge permits with requirements for quarterly monitoring and reporting of per-
111	111	81and polyfluoroalkyl substances, commonly referred to as “PFAS”.
112	112	82 (b) The department shall amend its surface water discharge permits and groundwater
113	113	83discharge permits issued to industrial permittees with requirements to implement best
114	114	84management practices for discharges of PFAS, including, but not limited to: (i) product
115	115	85elimination or substitution when a reasonable alternative to using PFAS is available in the
116	116	86industrial process; (ii) accidental discharge minimization; and (iii) equipment decontamination or
117	117	87replacement where PFAS products have historically been used.
118	118	88 (c) The department shall propose rules and regulations pursuant to G.L. c. 21, § 27 for
119	119	89effluent limitations and pre-treatment requirements for PFAS in groundwater discharge.
120	120	90 SECTION 3. Chapter 21A of the General Laws is hereby amended by inserting after
121	121	91section 28 the following section:-
122	122	92 Section 29. (a) The office, in collaboration with the executive office of health and human
123	123	93services, shall develop and implement a multilingual outreach program to promote the education
124	124	94of environmental justice populations impacted by per- and polyfluoroalkyl substances,
125	125	95commonly referred to as “PFAS”, contamination. This program shall include the development
126	126	96and distribution of educational materials, the content of which shall include, but not be limited
127	127	97to: (i) the health effects of PFAS exposure; (ii) the routes of PFAS exposure; (iii) a list of
128	128	98facilities required to prepare a toxics use reduction plan for PFAS within 10 miles of the 6 of 17
129	129	99environmental justice community; (iv) citizen involvement pursuant to G.L. c. 21I, § 18; and (v)
130	130	100state assistance programs for PFAS remediation.
131	131	101 (b) The educational materials shall be translated into the primary languages of impacted
132	132	102environmental justice populations. Such educational materials shall be made available to, but not
133	133	103be limited to: (i) community centers; (ii) health care centers; and (iii) schools.
134	134	104 (c) The office may contract or associate with public and private agencies and
135	135	105organizations for the preparation of said educational materials on PFAS exposure, other pertinent
136	136	106resource information on the matter of PFAS contamination and conducting educational
137	137	107programs.
138	138	108 SECTION 4. Chapter 111 of the General Laws is hereby amended by inserting after
139	139	109section 5S the following sections:-
140	140	110 Section 5T. (a) As used in this section, the following words shall, unless the context
141	141	111clearly requires otherwise, have the following meanings:-
142	142	112 “Food package", a package or packaging component that is intended for the marketing,
143	143	113protection or handling of a product intended for food contact or used to store food and foodstuffs
144	144	114for sale.
145	145	115 "Manufacturer", a person, firm, association, partnership, government entity, organization,
146	146	116joint venture or corporation that applies a package to a product for distribution or sale.
147	147	117 "Package", a container providing a means of marketing, protecting or handling a product
148	148	118which shall include a unit package, an intermediate package, a package used for shipping or 7 of 17
149	149	119transport and unsealed receptacles such as carrying cases, crates, cups, pails, rigid foil and other
150	150	120trays, wrappers and wrapping films, bags and tubs.
151	151	121 "Packaging component", an individual assembled part of a package including, but not
152	152	122limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior
153	153	123strapping, coatings, closures, inks and labels.
154	154	124 "Per- and polyfluoroalkyl substances" or “PFAS”, a class of fluorinated substances that
155	155	125contain at least one fully fluorinated methyl or methylene carbon atom.
156	156	126 (b) No manufacturer shall sell, offer for sale, distribute for sale, or distribute for use in
157	157	127the commonwealth food packaging to which PFAS have been intentionally added in any amount.
158	158	128 Section 5U. (a) As used in this section, the following words shall, unless the context
159	159	129clearly requires otherwise, have the following meanings:-
160	160	130 “Child passenger restraint”, a child passenger restraint under G.L. c. 90, § 7AA.
161	161	131 “Children’s products”, a consumer product, including its product components, intended,
162	162	132made or marketed for use by children 12 years of age or under, not including medical devices.
163	163	133 “Consumer product,” any article that, to any significant extent, is distributed in
164	164	134commerce for personal use or consumption by individuals.
165	165	135 “Cookware”, durable houseware items that are used in homes and restaurants to prepare,
166	166	136dispense, or store food, foodstuffs or beverages, including, but not limited to, pots, pans, skillets,
167	167	137grills, baking sheets, baking molds, trays, bowls and cooking utensils. 8 of 17
168	168	138 “Current unavoidable use”, a use of PFAS that the department has determined under this
169	169	139section to be essential for health, safety or the functioning of society and for which alternatives
170	170	140are not reasonably available.
171	171	141 “Distributor”, any person, firm or corporation who takes title to goods, produced either
172	172	142domestically or in a foreign country, purchased for resale or promotional purposes.
173	173	143 “Fabric treatment”, a substance applied to fabric, carpets, rugs, shoes or textiles to impart
174	174	144characteristics, including, but not limited to, stain resistance or water resistance.
175	175	145 “Intentionally added”, the addition of a chemical to a final product or product component
176	176	146for the purpose of providing a specific characteristic, appearance or quality or to perform a
177	177	147specific function in the product or product component, including PFAS that are intentional
178	178	148chemical breakdown products or derivatives of an added chemical that also have a specific
179	179	149function in the product or product component.
180	180	150 “Manufacturer”, any person, firm or corporation that manufactures a product whose
181	181	151brand name is affixed to the product. In the case of a product imported into the United States,
182	182	152“manufacturer” includes the importer or first domestic distributor of the product if the person
183	183	153that manufactured or assembled or whose brand name is affixed to the product does not have a
184	184	154presence in the United States.
185	185	155 “Per- and polyfluoroalkyl substances” or “PFAS”, a class of fluorinated substances that
186	186	156contain at least one fully fluorinated methyl or methylene carbon atom.
187	187	157 “Personal care products”, articles intended to be rubbed, poured, sprinkled, or sprayed on,
188	188	158introduced into or otherwise applied to the human body for cleansing, beautifying, promoting 9 of 17
189	189	159attractiveness or altering the appearance. Personal care products shall include products such as
190	190	160skin moisturizers, perfumes, lipsticks, fingernail polishes, eye and facial makeup preparations,
191	191	161shampoos, permanent waves, hair colors, toothpastes, sunscreen, hair spray, shaving cream and
192	192	162deodorants, as well as any material intended for use as a component of a cosmetic product.
193	193	163Personal care products shall also include disposable menstrual products such as sanitary napkins,
194	194	164tampons and underwear liners.
195	195	165 “Product component”, a component of a product, including the product’s ingredients or a
196	196	166part of the product, regardless of whether the manufacturer of the product is the manufacturer of
197	197	167the component.
198	198	168 “Product label”, a display of written, printed or graphic material that appears on, or is
199	199	169affixed to, the exterior of a product, or its exterior container or wrapper that is visible to a
200	200	170consumer, if the product has an exterior container or wrapper.
201	201	171 “Retailer”, any person, firm or corporation to whom a consumer product is delivered or
202	202	172sold, if such delivery or sale is for purposes of sale or distribution in commerce to purchasers
203	203	173who buy such product for purposes other than resale.
204	204	174 “Rugs and carpets”, fabric used to or marketed to cover floors.
205	205	175 “Upholstered furniture'', as defined in G.L. c. 94, § 270.
206	206	176 “Wholesaler,” any person, firm or corporation to whom a consumer product is delivered
207	207	177or sold, if such delivery or sale is for purposes of sale or distribution in commerce to purchasers
208	208	178who buy such product for purposes of resale. 10 of 17
209	209	179 (b) (1) No manufacturer, distributor, wholesaler or retailer shall offer for sale, sell or
210	210	180distribute in the commonwealth any of the following products or product categories to which
211	211	181PFAS have been intentionally added: (i) child passenger restraints; (ii) cookware; (iii) fabric
212	212	182treatments; (iv) personal care products; (v) rugs and carpets; (vi) upholstered furniture; and (vii)
213	213	183children’s products.
214	214	184 (2) The prohibitions of this subsection shall not apply to the sale or resale of used
215	215	185products.
216	216	186 (3) Products or product categories in which the use of PFAS is a currently unavoidable
217	217	187use, as determined by the department, may be exempted by the department at intervals of no
218	218	188more than 3 years.
219	219	189 (c) (1) No manufacturer, distributor, wholesaler or retailer shall offer for sale, sell or
220	220	190distribute in the commonwealth any products to which PFAS have been intentionally added,
221	221	191unless the department has determined that the use of PFAS in the product is a currently
222	222	192unavoidable use and grants a temporary exemption at intervals of no more than 3 years.
223	223	193 (2) The prohibitions of this subsection shall not apply to the sale or resale of used
224	224	194products.
225	225	195 (d) The department shall adopt regulations to implement this section.
226	226	196 (e) The attorney general shall have the authority to enforce the provisions of this section
227	227	197pursuant to G.L. c. 93A, § 4.
228	228	198 (f) (1) Notwithstanding any general or special law to the contrary, the department of
229	229	199public health shall establish, on or before June 1, 2025, a publicly accessible reporting platform 11 of 17
230	230	200to collect information about per- and polyfluoroalkyl substances, or “PFAS”, and products or
231	231	201product components containing PFAS being sold, offered for sale, distributed or offered for
232	232	202promotional purposes in, or imported into, the state. The department may consult with Interstate
233	233	203Chemicals Clearinghouse to establish such a platform.
234	234	204 (2) On or before June 1, 2026, and on or before June 1 of each year thereafter, a
235	235	205manufacturer of PFAS or a product or product component containing intentionally added PFAS
236	236	206that is sold, offered for sale, distributed or offered for promotional purposes in, or imported into,
237	237	207the state shall register the PFAS or the product or product component containing intentionally
238	238	208added PFAS on the publicly accessible reporting platform created pursuant to paragraph (1),
239	239	209along with all of the following information, as applicable: (i) the name and type of product or
240	240	210product component containing intentionally added PFAS; (ii) the universal product code, or
241	241	211“UPC,” of the product or product component containing intentionally added PFAS; (iii) how the
242	242	212PFAS are, or the product or product component containing intentionally added PFAS are, used
243	243	213by businesses or consumers; (iv) the specific names of all PFAS compounds in the product or
244	244	214product component containing intentionally added PFAS and the Chemical Abstracts Service
245	245	215Registry Number, also known as a “CAS Registry Number” or “CAS RN,” of each PFAS
246	246	216compound; (v) the amount of the product or the product component or the numbers of products
247	247	217or product components sold, delivered or imported into the state; (vi) the name and address of
248	248	218the manufacturer, and the name, address and phone number of the contact person for the
249	249	219manufacturer; and (vii) any additional information established by the department as necessary to
250	250	220implement the requirements of this section. 12 of 17
251	251	221 (3) With the approval of the department, a manufacturer may supply the information
252	252	222required in paragraph (2) for a category or type of product rather than for each individual
253	253	223product.
254	254	224 (4) In a manner determined by the department, a manufacturer shall update and revise the
255	255	225information required under paragraph (2) whenever there is a significant change in the
256	256	226information or when requested to do so by the department.
257	257	227 (5) The department may establish by regulation and assess a fee payable by a
258	258	228manufacturer upon submission of the notification required under paragraph (2) to cover the
259	259	229department’s reasonable costs in developing and administering this section.
260	260	230 (g) (1) A manufacturer of products registered under paragraph (2) of subsection (f) shall
261	261	231send an electronic notification to distributors and wholesalers of the product that the product
262	262	232contains PFAS.
263	263	233 (2) A distributor or wholesaler who receives a notification pursuant to paragraph (1) shall
264	264	234send an electronic notification to retailers of the product that the product contains PFAS.
265	265	235 (3) The department shall adopt regulations to implement this subsection.
266	266	236 (4) The attorney general shall have the authority to enforce the provisions of this
267	267	237subsection under G.L. c. 93A, § 4.
268	268	238 (h) A manufacturer of products registered under paragraph (2) of subsection (f) shall state
269	269	239the presence of PFAS on a product label that is visible and legible to the consumer, including on
270	270	240the product listing for online sales. Products that meet both of the following requirements are
271	271	241exempt from the requirements of this section: (i) the surface area of the product cannot fit a 13 of 17
272	272	242product label of at least two square inches; and (ii) the product does not have either (1) an
273	273	243exterior container or wrapper on which a product label can appear or be affixed, or (2) a tag or
274	274	244other attachment with information about the product attached to the product.
275	275	245 (i) A manufacturer of any of the following products that is sold, offered for sale,
276	276	246distributed or offered for promotional purposes in, or imported into, the state shall test for the
277	277	247presence of unintentionally added PFAS using analytical methods approved by the department:
278	278	248(i) child passenger restraints; (ii) cookware; (iii) fabric treatments; (iv) personal care products;
279	279	249(v) rugs and carpets; (vi) upholstered furniture; and (vii) children’s products.
280	280	250 SECTION 5. Chapter 111 of the General Laws is hereby amended by inserting after
281	281	251section 244 the following sections:-
282	282	252 Section 245. (a) The department, in consultation with the department of environmental
283	283	253protection, shall design and implement a public awareness campaign to inform Massachusetts
284	284	254residents of per- and polyfluoroalkyl substances, commonly referred to as “PFAS”,
285	285	255contamination across the commonwealth and potential health impacts of PFAS exposure. The
286	286	256campaign shall include, but is not limited to, the following subjects: (i) PFAS exposure
287	287	257pathways, including drinking water, groundwater, surface water, wastewater, land application of
288	288	258biosolids, landfills, air and fish tissue; (ii) consumer products that are known to contain PFAS;
289	289	259(iii) PFAS in Class B firefighting foam; (iv) facilities that are known and potential sources of
290	290	260PFAS in the commonwealth; (v) potential health impacts of PFAS exposure; and (vi) state
291	291	261assistance programs for PFAS remediation.
292	292	262 (b) The department of public health shall develop informational booklets about PFAS and
293	293	263make the booklets available to all health care professionals, community health centers, and 14 of 17
294	294	264members of the public upon their request. The department shall publicize and make available the
295	295	265booklet to the maximum extent possible, and shall make the booklet available electronically on
296	296	266its website in English and Spanish. This information may be revised by the department whenever
297	297	267new information about the health impacts of PFAS becomes available.
298	298	268 Section 246. (a) The following terms shall, unless the context clearly requires otherwise,
299	299	269have the following meanings:-
300	300	270 “Firefighting personal protective equipment” means any clothing designed, intended or
301	301	271marketed to be worn by firefighting personnel in the performance of their duties, designed with
302	302	272the intent for the use in fire and rescue activities, including jackets, pants, shoes, gloves, helmets
303	303	273and respiratory equipment.
304	304	274 “Local governments” includes any county, city, town, fire district, regional fire protection
305	305	275authority, or special purpose district that provides firefighting services.
306	306	276 “Manufacturer”, any person, firm or corporation that manufactures or distributes
307	307	277firefighting agents or firefighting equipment. In the case of a product imported into the United
308	308	278States, “manufacturer” includes the importer or first domestic distributor of the product if the
309	309	279person that manufactured or assembled or whose brand name is affixed to the product does not
310	310	280have a presence in the United States.
311	311	281 "Per- and polyfluoroalkyl substances" or “PFAS”, a class of fluorinated substances that
312	312	282contain at least one fully fluorinated methyl or methylene carbon atom.
313	313	283 (b) (1) A manufacturer or other person that sells firefighting personal protective
314	314	284equipment containing PFAS to any person, local government or state agency shall provide 15 of 17
315	315	285written notice to the purchaser at the time of sale: (i) that the firefighting personal protective
316	316	286equipment contains PFAS; and (ii) the reason PFAS are added to the equipment.
317	317	287 (2) The manufacturer or other person selling firefighting personal protective equipment
318	318	288and the purchaser of the equipment shall retain a copy of the notice required pursuant to this
319	319	289subsection on file for at least 3 years from the date of the purchase. Upon the request of the
320	320	290department, a person, manufacturer, or purchaser shall furnish the notice, or written copies, and
321	321	291associated sales documentation to the department within 60 days of such request.
322	322	292 SECTION 6. Said section 246 of said chapter 111 of the General Laws, is hereby
323	323	293amended by striking out subsection (b) and inserting in place thereof the following subsection:-
324	324	294 (b) A manufacturer or other person that sells firefighting personal protective equipment to
325	325	295any person, local government, or state agency shall not manufacture, knowingly sell, offer for
326	326	296sale, distribute for sale, or distribute for use in the commonwealth any firefighting personal
327	327	297protective equipment containing intentionally added PFAS.
328	328	298 SECTION 7. (a) Notwithstanding any general or special law to the contrary, no person,
329	329	299local government or state agency shall use a Class B firefighting foam that contains intentionally
330	330	300added PFAS in any amount for training or testing purposes.
331	331	301 (b) Any person, unit of local government, fire department, or state agency that discharges
332	332	302or releases Class B firefighting foam that contains intentionally added PFAS must notify the
333	333	303department of environmental protection’s emergency response line within 48 hours of the
334	334	304discharge or release. 16 of 17
335	335	305 (c) The department of public health shall collect data on occupational exposure to PFAS,
336	336	306including, but not limited to, firefighters, and shall report data through the Massachusetts Cancer
337	337	307Registry.
338	338	308 SECTION 8. The department of environmental protection shall amend the private well
339	339	309guidelines, last updated July 2018, and model BOH regulation for private wells, last updated July
340	340	3102018, to include language for testing, monitoring, and remediation of per- and polyfluoroalkyl
341	341	311substances regulated by the department under 310 CMR 22.07G(3).
342	342	312 SECTION 9. Subsection (a) of section 43B of chapter 21 of the General Laws shall take
343	343	313effect six months after United States Environmental Protection Agency Method 1633 is available
344	344	314to the public.
345	345	315 SECTION 10. Subsection (b) of said section 43B of said chapter 21 shall take effect on
346	346	316the 180th day following enactment.
347	347	317 SECTION 11. Subsection (c) of said section 43B of said chapter 21 shall take effect two
348	348	318years after United States Environmental Protection Agency Method 1633 is available to the
349	349	319public.
350	350	320 SECTION 12. Section 5T of said chapter 111 shall take effect January 1, 2026.
351	351	321 SECTION 13. Subsection (b) of said section 5U of said chapter 111 shall take effect
352	352	322January 1, 2026.
353	353	323 SECTION 14. Subsection (c) of said section 5U of said chapter 111 shall take effect
354	354	324January 1, 2030. 17 of 17
355	355	325 SECTION 15. Paragraph (1) of said subsection (g) of said section 5U of said chapter 111
356	356	326shall take effect June 1, 2026.
357	357	327 SECTION 16. Subsection (h) of said section 5U of said chapter 111 shall take effect
358	358	328January 1, 2026.
359	359	329 SECTION 17. Subsection (i) of said section 5U of said chapter 111 shall take effect
360	360	330January 1, 2030.
361	361	331 SECTION 18. Section 245 of said chapter 111 shall take effect on the 180th day
362	362	332following enactment.
363	363	333 SECTION 19. Section 246 of said chapter 111 shall take effect January 1, 2025.
364	364	334 SECTION 20. Section 6 shall take effect January 1, 2026