Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4486 Compare Versions

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

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1	1	HOUSE . . . . . . . . No. 4486
2	2	The Commonwealth of Massachusetts
3	3	________________________________________
4	4	HOUSE OF REPRESENTATIVES, March 25, 2024.
5	5	The committee on Public Health, to whom was referred the petition
6	6	(accompanied by bill, Senate, No. 1356) of Julian Cyr, Kate Hogan, Jack
7	7	Patrick Lewis, Joanne M. Comerford and other members of the General
8	8	Court for legislation to protect Massachusetts public health from PFAS,
9	9	the petition (accompanied by bill, Senate, No. 1431) of Michael O. Moore
10	10	and David Paul Linsky for legislation relative to chemicals in food
11	11	packaging, and the joint petition (accompanied by bill, House, No. 2197)
12	12	of Kate Hogan, Julian Cyr and others for legislation to protect public
13	13	health from PFAS, reports recommending that the accompanying bill
14	14	(House, No. 4486) ought to pass.
15	15	For the committee,
16	16	MARJORIE C. DECKER. 1 of 26
17	17	FILED ON: 2/7/2024
18	18	HOUSE . . . . . . . . . . . . . . . No. 4486
19	19	The Commonwealth of Massachusetts
20	20	_______________
21	21	In the One Hundred and Ninety-Third General Court
22	22	(2023-2024)
23	23	_______________
24	24	An Act to protect Massachusetts public health from PFAS.
25	25	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
26	26	of the same, as follows:
27	27	1 SECTION 1. Chapter 10 of the General Laws is hereby amended by inserting after
28	28	2section 35SSS the following section:-
29	29	3 Section 35TTT. (a) As used in this section, the following words, unless the context
30	30	4clearly requires otherwise, shall have the following meanings:-
31	31	5 “Ambient air”, that portion of the atmosphere, external to buildings, to which the general
32	32	6public has access.
33	33	7 “Board of health”, any body politic or political subdivision of the commonwealth that
34	34	8acts as a board of health, public health commission or a health department for a municipality,
35	35	9region or district, including, but not limited to, municipal boards of health, regional health
36	36	10districts established pursuant to G.L. c. 111, § 27B and boards of health that share services
37	37	11pursuant to G.L. c. 40, § 4A or other legally constituted governmental unit within the
38	38	12Commonwealth having the usual powers and duties of the board of health of a city or town. 2 of 26
39	39	13 “Commissioner”, the commissioner of the department of environmental protection
40	40	14 “Department”, the department of environmental protection
41	41	15 “Fund”, the PFAS Remediation Trust Fund established in this section.
42	42	16 “Per- and polyfluoroalkyl substances” or “PFAS”, as defined and regulated by the
43	43	17department or identified, on the basis of a health assessment conducted pursuant to the
44	44	18department’s drinking water regulations, as posing an unacceptable health risk to consumers.
45	45	19 “Regional system”, any system established by mutual agreement of two or more
46	46	20municipalities or a county in which all municipalities of said county have an agreement where
47	47	21such system provides drinking water or wastewater services, or both, through shared facilities,
48	48	22sources or distribution networks.
49	49	23 (b) (1) There shall be a PFAS Remediation Trust Fund. Expenditures from the fund shall
50	50	24be made by the department, without further appropriation and consistent with this section, the
51	51	25terms of settlements, judgments, and awards made in connection with claims arising from the
52	52	26manufacture, marketing or sale of PFAS and PFAS-containing products, and consistent with the
53	53	27terms of other allocations and monies transferred to this fund, as applicable. The commissioner
54	54	28shall administer the fund, shall prioritize expenditures to communities with vulnerable
55	55	29environmental justice populations, and may make expenditures from the fund to develop and
56	56	30implement a multilingual outreach and education program pursuant to section 29 of chapter 21A
57	57	31of the General Laws.
58	58	32 (2) The fund shall be expended to mitigate the impacts of PFAS contamination in the
59	59	33commonwealth, including PFAS contamination in drinking water, groundwater, soil, sediment, 3 of 26
60	60	34surface water, wastewater, sludge or sludge products, landfills, and other media as appropriate.
61	61	35Such mitigation may include, but is not limited to, projects to assist counties, municipalities or
62	62	36other public entities with a direct impact on public water supplies, private well owners, and
63	63	37public water systems with the cost of PFAS treatment and remediation, including but not limited
64	64	38to remediation projects, treatment, and mitigation. The commissioner shall make necessary
65	65	39expenditures from this account for the shared administrative costs of the operations and
66	66	40programs of the department related to the fund. The commissioner shall further direct that
67	67	41monies from the fund shall be expended to provide services in an amount reasonably related to
68	68	42such administrative costs. No expenditure shall be made from the fund that would cause the fund
69	69	43to be in deficit at the close of a fiscal year. Amounts credited to the fund shall not be subject to
70	70	44further appropriation and monies remaining in the fund at the end of the fiscal year shall not
71	71	45revert to the General Fund but shall instead be available for expenditure during subsequent fiscal
72	72	46years. Any fiscal year-end balance in the fund shall be excluded from the calculation of the
73	73	47consolidated net surplus pursuant to section 5C of chapter 29 of the General Laws.
74	74	48 (3) There shall be credited to the fund: (i) amounts recovered by the commonwealth and
75	75	49credited thereto in connection with claims arising from the manufacture and associated
76	76	50processes, distribution, marketing, or sale of PFAS and other PFAS-containing products; (ii)
77	77	51transfers from other funds authorized by the general court and so designated; (iii) funds from
78	78	52public or private sources, including, but not limited to, gifts, grants, donations, rebates,
79	79	53settlements, judgments, awards, and other allocations received by the commonwealth designated
80	80	54to the fund; and (iv) any interest earned on such amounts.
81	81	55 (c) The commissioner may award and administer grants from the fund, without further
82	82	56appropriation, consistent with the purposes of the fund described in this section. Further, subject 4 of 26
83	83	57to this section, grants may be made, without limitation, to: (i) municipalities and counties for
84	84	58municipal and county useuse, including, but not limited to, establishing connections to regional
85	85	59systems and funds necessary to address the reasonable administrative costs of the municipality;
86	86	60(ii) boards of health for use in assisting private well users; (iii) community water systems for use
87	87	61on an existing system or to expand a system to assist additional water users; (iv) non-transient
88	88	62non-community water systems; and (v) transient non-community water systems.
89	89	63 (d) The department shall adopt regulations, rules, or policies for the use of monies in the
90	90	64fund, and shall include conditions in grant documents to require that that applicants disclose any
91	91	65funds recovered from liable third parties or other sources to cover any costs eligible to be
92	92	66reimbursed by said grant programs and to deduct said recovered funds from the total costs in the
93	93	67grant application. The department shall also require any person awarded a grant for cost
94	94	68reimbursement to report the recovery of any such costs in the future and to reimburse the fund by
95	95	69reimbursing such recovered costs to the department. The department shall further adopt
96	96	70regulations, rules, or policies establishing criteria to ensure that an applicant shall not be eligible
97	97	71for grants for any project or portion of a project to the extent the negligence of the applicant
98	98	72caused the contamination that resulted in the exceedance of applicable state or federal standards
99	99	73for PFAS in drinking water, groundwater, soil, and other environmental media.
100	100	74 (e) If the department provides a grant related to costs for a project for which a third party
101	101	75might otherwise be liable, the right to recover payment from such third party, excluding public
102	102	76sector fire departments for the use of Class B firefighting foam in emergency responses, shall be
103	103	77subrogated to the department to the extent of such grant. Any money recovered by the
104	104	78department from such third parties shall be deposited in the fund. Notwithstanding any other
105	105	79general or special law to the contrary, the superior court shall have jurisdiction for subrogation 5 of 26
106	106	80claims brought pursuant to this chapter, and civil actions brought by the attorney general for
107	107	81subrogated claims to recover costs pursuant to this chapter shall be commenced within five years
108	108	82from the date the commonwealth is assigned the rights to recover all such costs or five years
109	109	83from the date the commonwealth discovers that the person against whom the action is being
110	110	84brought is a person liable pursuant to law, whichever is later.
111	111	85 (f)(1) The department may consult with the department of public health to provide
112	112	86funding from the fund for boards of health to establish rebate and grant programs for the
113	113	87reimbursement of private well users and owners for the costs of private well water sampling,
114	114	88installation, and operation and maintenance of PFAS treatment systems. Eligible spending for
115	115	89rebate shall include, but is not limited to, sampling of private well water for those PFAS that are
116	116	90regulated for public water systems by the department’s drinking water regulations and
117	117	91installation of permanent treatment systems to remove PFAS from drinking water. Eligible
118	118	92spending for grants shall include, but is not limited to, payment to vendors for PFAS water
119	119	93testing and installation and maintenance of PFAS treatment systems, provided that such private
120	120	94well users and owners can establish that their income was below the state median household
121	121	95income rate in the year in which the costs were incurred and that such costs were incurred after
122	122	96the effective date of this section.
123	123	97 (2) Boards of health may elect to receive funding from the fund pursuant to any program
124	124	98established pursuant to paragraph (1), and may apply for and receive grants from the fund
125	125	99necessary to cover reasonable administrative costs related to implementation of said paragraph
126	126	100(1). Boards of health that elect to participate shall amend their codes to require private well water
127	127	101quality testing for PFAS for property sales and new construction consistent with model bylaws
128	128	102and ordinances provided by the department through program guidance. 6 of 26
129	129	103 (3) Annually, not later than August 31, boards of health that elect to participate pursuant
130	130	104to paragraph (2) shall submit a report to the department including information demonstrating
131	131	105compliance during the preceding fiscal year with said paragraph (2) and other such information
132	132	106as required by the department.
133	133	107 (g) Annually, not later than October 1, the department shall file a report on the activity,
134	134	108revenue and expenditures to and from the fund in the prior fiscal year with the clerks of the
135	135	109house of representatives and the senate and the house and senate committees on ways and means,
136	136	110and shall make the report available on the department’s website. The report shall include, but not
137	137	111be limited to: (i) revenue credited to the fund; (ii) the amount of expenditure attributable to the
138	138	112administrative costs of the department; (iii) an itemized list of expenditures from the fund; (iv)
139	139	113rebate and grant expenditures to private well users and owners and municipal administrative
140	140	114expenses of boards of health opting into such rebate and grant programs; and (v) data and a
141	141	115report of how resources have been directed to environmental justice populations.SECTION 2.
142	142	116Chapter 21 of the General Laws is hereby amended by inserting after section 43A the following
143	143	117section:-
144	144	118 Section 43B. (a) The department of environmental protection shall amend each
145	145	119groundwater discharge permit upon renewal with requirements for monitoring and reporting of
146	146	120per- and polyfluoroalkyl substances using United States Environmental Protection Agency
147	147	121analytical methods as specified by the department.
148	148	122 (b) The department of environmental protection shall amend its surface water discharge
149	149	123permits issued to industrial permittees and groundwater discharge permits issued to industrial
150	150	124permittees upon renewal with requirements to implement best management practices for 7 of 26
151	151	125discharges of PFAS, including, but not limited to: (i) product elimination or substitution when a
152	152	126reasonable alternative to using PFAS is available in the industrial process; (ii) accidental
153	153	127discharge minimization; and (iii) equipment decontamination or replacement where PFAS
154	154	128products have historically been used. These industrial permittees shall include those that use or
155	155	129previously used PFAS or PFAS products or those where best management practices are
156	156	130warranted based on the department’s review of discharge monitoring.
157	157	131 (c) The department of environmental protection shall include effluent limitations and
158	158	132treatment requirements for PFAS in groundwater discharge permits upon renewal.
159	159	133 SECTION 3. The department of environmental protection shall promulgate regulations to
160	160	134implement a schedule for phasing out the use, sale, or distribution, or offer for use, sale, or
161	161	135distribution of sludge without the department’s site-specific approval in the commonwealth, and
162	162	136shall not include the disposal or placement of sludge at a solid waste landfill, hazardous waste
163	163	137landfill or sludge landfill. For the purposes of this section, “sludge” shall mean the solid, semi
164	164	138solid, and liquid residue that results from a process of wastewater treatment or drinking water
165	165	139treatment, and does not include grit, screening, or grease and oil removed at the headworks of a
166	166	140wastewater or drinking water facility.
167	167	141 SECTION 4. Not later than December 31, 2028, the department of environmental
168	168	142protection shall submit a report to the Chairs of the Joint Committee on Public Health and the
169	169	143Joint Committee on Environment and Natural Resources regarding its progress in establishing
170	170	144standards to monitor PFAS in ambient air. This report shall include, but not be limited to: (i) the
171	171	145department’s capacity to establish these standards; (ii) the steps the department has taken or 8 of 26
172	172	146plans to take to establish these standards; and; (iii) a projected timeline detailing when the
173	173	147department expects to finish establishing standards to monitor PFAS in ambient air.
174	174	148 SECTION 5. Chapter 21A of the General Laws is hereby amended by inserting after31
175	175	149section 28 the following section:-
176	176	150 Section 29. (a) The department, in consultation with the department of public health,shall
177	177	151develop and implement a multilingual public awareness campaign to promote the education of
178	178	152Massachusetts residents, including environmental justice populations, of per- and
179	179	153polyfluoroalkyl substances contamination across the commonwealth and potential health impacts
180	180	154of PFAS exposure.. The campaign shall include the development and distribution of educational
181	181	155materials, drafted in plain language to the extent possible, the content of which shall include, but
182	182	156not be limited to: (i) the potential health impacts of PFAS exposure; (ii) the routes of PFAS
183	183	157exposure, including but not limited to, drinking water, groundwater, surface water, wastewater,
184	184	158land application of biosolids, landfills, air, and fish tissue; (iii) consumer products that are known
185	185	159to contain PFAS; (iv) PFAS in Class B firefighting foam; (v) a list of facilities that are known
186	186	160and potential sources of PFAS and are required to prepare a toxics use reduction plan for PFAS
187	187	161within 10 miles of the environmental justice populations; (vi) assistance programs for PFAS
188	188	162remediation; (vii) citizen involvement pursuant to G.L. c. 21I, § 18; and (viii) assistance
189	189	163programs for PFAS remediation.
190	190	164 (b) The educational materials shall be translated into the native languages spoken by the
191	191	165impacted environmental justice populations based on the federal census definition of English
192	192	166isolation. Such educational materials shall be made available to, but not be limited to: (i) 9 of 26
193	193	167community centers; (ii) health care centers; (iii) schools, (iv) places of worship; (v) the
194	194	168department of education; (vi) and the department of early education and care.
195	195	169 (c) The department may contract or associate with public and private agencies and
196	196	170organizations for the preparation of said educational materials on PFAS exposure, other pertinent
197	197	171resource information on the matter of PFAS contamination and conducting educational
198	198	172programs. The department may use funds from the Fund, as established in section 35TTT of
199	199	173chapter 10 of the general laws, for such contracts.
200	200	174 SECTION 6. Chapter 111 of the General Laws is hereby amended by inserting after
201	201	175section 5S the following sections:-
202	202	176 Section 5T. (a) As used in this section, the following words shall, unless the context
203	203	177clearly requires otherwise, have the following meanings:-
204	204	178 “Agricultural products”, any vegetable, fruit, dairy, meat, fish, and poultry, and
205	205	179agricultural inputs, such as, but not limited to, feed, water, fertilizer, pesticides, produced and
206	206	180sold commercially in Massachusetts.
207	207	181 “Department the department of public health
208	208	182 “Food package", a package or packaging component that is intended for the marketing,
209	209	183protection or handling of a product intended for food contact or used to store food and foodstuffs
210	210	184for sale.
211	211	185 “Intentionally added”, PFAS that is added to a product, or enters the product from the
212	212	186manufacturing or processing of that product; the addition of which is known or reasonably
213	213	187ascertainable by the manufacturer. “Intentionally added” PFAS also includes any degradation by- 10 of 26
214	214	188products of PFAS or the use of PFAS or PFAS precursors as a processing agent, mold release
215	215	189agent, or the creation of PFAS via chemical reactions.
216	216	190 "Known or reasonably ascertainable”, all information in a person's possession or control,
217	217	191plus all information that a reasonable person similarly situated might be expected to possess,
218	218	192control, or know.
219	219	193 "Manufacturer", a person, firm, association, partnership, government entity, organization,
220	220	194joint venture or corporation that applies a package to a product for distribution or sale.
221	221	195 "Package", a container providing a means of marketing, protecting or handling a product
222	222	196which shall include a unit package, an intermediate package, a package used for shipping or
223	223	197transport and unsealed receptacles such as carrying cases, crates, cups, pails, rigid foil and other
224	224	198trays, wrappers and wrapping films, bags and tubs.
225	225	199 "Packaging component", an individual assembled part of a package including, but not
226	226	200limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior
227	227	201strapping, coatings, closures, inks and labels.
228	228	202 "Per- and polyfluoroalkyl substances" or “PFAS”, a class of fluorinated organic
229	229	203chemicals containing at least one fully fluorinated carbon atom.
230	230	204 (b) No manufacturer shall sell, offer for sale, distribute for sale, or distribute for use in
231	231	205the commonwealth food packaging to which PFAS have been intentionally added in any amount.
232	232	206 (c) The department, in consultation with department of environmental protection and the
233	233	207department of agricultural resources, shall procure or otherwise employ an external research
234	234	208organization, which has the capacity to study per- and polyfluoroalkyl substances and the effect 11 of 26
235	235	209PFAS has on agricultural products produced and sold in the commonwealth; provided, that the
236	236	210research organization shall have: (1) extensive experience with a wide variety of agricultural
237	237	211products and environmental matrices, including, but not limited to, plants and animals; (2) a
238	238	212current QAPP (“Quality Assurance Project Plan”) through the United States Environmental
239	239	213Protection Agency; (3) current sampling and chain of custody protocols; (4) experience handling
240	240	214complex agricultural matrices; and (5) access to state-of-the art mass spectrometers. The study
241	241	215shall include findings on the levels of PFAS found in: (1) in agricultural products sold in
242	242	216Massachusetts stores; (2) locally sourced agricultural products; and (3) agricultural inputs
243	243	217including, but not limited to, feed, water, fertilizer, and pesticides. The department shall make
244	244	218said report publicly available with the department’s findings on the department’s website. The
245	245	219commissioner shall file a progress report in writing of the findings, including food and
246	246	220agricultural sources of contamination, within 365 days of the passage of this act; provided, that
247	247	221the report shall be filed with the house and senate committees on ways and means, the joint
248	248	222committee on environment and natural resources, the joint committee on public health, and the
249	249	223joint committee on agriculture on or before August 31, 2025.
250	250	224 Section 5U. (a) As used in this section, the following words shall, unless the context
251	251	225clearly requires otherwise, have the following meanings:-
252	252	226 “Child passenger restraint”, a child passenger restraint under G.L. c. 90, § 7AA.
253	253	227 “Children’s products”, a consumer product, including its product components, intended,
254	254	228made or marketed for use by children 12 years of age or under, not including medical devices
255	255	229and children’s electronic products, including, but not limited to, a personal computer, audio and
256	256	230video equipment, calculator, wireless phone, game console, handheld device incorporating a 12 of 26
257	257	231video screen, or associated peripheral such as a mouse, keyboard, power supply unit, or power
258	258	232cord.
259	259	233 “Consumer product,” any child passenger restraint, children’s product, cookware, fabric
260	260	234treatment, personal care products, rugs and carpets, textile, textile furnishings, upholstered
261	261	235furniture, or other article or product category defined by the department that, to any significant
262	262	236extent, is distributed in commerce for personal use or consumption by individuals.
263	263	237 “Cookware”, durable houseware items that are used in homes and restaurants to prepare,
264	264	238dispense, or store food, foodstuffs or beverages, including, but not limited to, pots, pans, skillets,
265	265	239grills, baking sheets, baking molds, trays, bowls and cooking utensils.
266	266	240 “Current unavoidable use”, a use of PFAS that the department has determined under this
267	267	241section to be: (i) essential for health, safety or the functioning of society; (ii) necessary for the
268	268	242proper operation and functionality of a product; and; (iii) for which safer chemical alternatives
269	269	243are not reasonably available.
270	270	244 “Department”, the department of public health.
271	271	245 “Distributor”, any person, firm or corporation who takes title to goods, produced either
272	272	246domestically or in a foreign country, purchased for resale or promotional purposes.
273	273	247 “Fabric treatment”, a substance applied to fabric, carpets, rugs, shoes or textiles to impart
274	274	248characteristics, including, but not limited to, stain resistance or water resistance.
275	275	249 “Intentionally added”, PFAS that is added to a product, or enters the product from the
276	276	250manufacturing or processing of that product; the addition of which is known or reasonably
277	277	251ascertainable by the manufacturer. “Intentionally added” PFAS also includes any degradation by- 13 of 26
278	278	252products of PFAS or the use of PFAS or PFAS precursors as a processing agent, mold release
279	279	253agent, or the creation of PFAS via chemical reactions.
280	280	254 "Known or reasonably ascertainable”, all information in a person's possession or control,
281	281	255plus all information that a reasonable person similarly situated might be expected to possess,
282	282	256control, or know.
283	283	257 “Manufacturer”, any person, firm or corporation that manufactures a product whose
284	284	258brand name is affixed to the product. In the case of a product imported into the United States,
285	285	259“manufacturer” includes the importer or first domestic distributor of the product if the person
286	286	260that manufactured or assembled or whose brand name is affixed to the product does not have a
287	287	261presence in the United States.
288	288	262 “Per- and polyfluoroalkyl substances” or “PFAS”, a class of fluorinated organic
289	289	263chemicals containing at least one fully fluorinated carbon atom.
290	290	264 “Personal care products”, articles intended to be rubbed, poured, sprinkled, or sprayed on,
291	291	265introduced into or otherwise applied to the human body for cleansing, beautifying, promoting
292	292	266attractiveness or altering the appearance. Personal care products shall include products such as
293	293	267skin moisturizers, perfumes, lipsticks, fingernail polishes, eye and facial makeup preparations,
294	294	268shampoos, permanent waves, hair colors, toothpastes, sunscreen, hair spray, shaving cream and
295	295	269deodorants, as well as any material intended for use as a component of a cosmetic product.
296	296	270Personal care products shall also include , but not be limited to, menstrual products such as
297	297	271sanitary napkins, menstrual underwear, tampons and underwear liners. 14 of 26
298	298	272 “Product component”, a component of a consumer product, including the product’s
299	299	273ingredients or a part of the product, regardless of whether the manufacturer of the consumer
300	300	274product is the manufacturer of the component.
301	301	275 “Product label”, a display of written, printed or graphic material that appears on, or is
302	302	276affixed to, the exterior of a product, or its exterior container or wrapper that is visible to a
303	303	277consumer, if the product has an exterior container or wrapper.
304	304	278 “Retailer”, any person, firm or corporation to whom a consumer product is delivered or
305	305	279sold, if such delivery or sale is for purposes of sale or distribution in commerce to purchasers
306	306	280who buy such product for purposes other than resale.
307	307	281 “Rugs and carpets”, fabric used to or marketed to cover floors.
308	308	282 “Textile”, any item made in whole or part from a natural or synthetic fiber, yarn, or
309	309	283fabric. Textile includes but is not limited to leather, cotton, silk, jute, hemp, wool, viscose, nylon,
310	310	284and polyester.
311	311	285 “Textile furnishings”, textile goods of a type customarily used in households and
312	312	286businesses, including but not limited to draperies, floor coverings, furnishings, bedding, towels,
313	313	287and tablecloths.
314	314	288 “Upholstered furniture'', as defined in G.L. c. 94, § 270.
315	315	289 “Wholesaler,” any person, firm or corporation to whom a consumer product is delivered
316	316	290or sold, if such delivery or sale is for purposes of sale or distribution in commerce to purchasers
317	317	291who buy such product for purposes of resale. 15 of 26
318	318	292 (b) (1) No manufacturer, distributor, wholesaler or retailer shall offer for sale, sell or
319	319	293distribute in the commonwealth any of the following consumer products or product categories,
320	320	294manufactured on or after January 1, 2027, to which PFAS have been intentionally added: (i)
321	321	295child passenger restraints; (ii) cookware; (iii) fabric treatments; (iv) personal care products; (v)
322	322	296rugs and carpets; (vi) textiles; (vii) textile furnishings; (viii) upholstered furniture; and (ix)
323	323	297children’s products.
324	324	298 (2) The prohibitions of this subsection shall not apply to the sale or resale of used
325	325	299products.
326	326	300 (c) (1) No manufacturer, distributor, wholesaler or retailer shall offer for sale, sell or
327	327	301distribute in the commonwealth any consumer product to which PFAS have been intentionally
328	328	302added, unless the department, in consultation with the department of environmental protection
329	329	303and the Toxics Use Reduction Institute, has determined that the use of PFAS in the consumer
330	330	304product is a currently unavoidable use and grants a temporary exemption at intervals of no more
331	331	305than 4 years.
332	332	306 (2) The department may assess a fee to cover the department’s reasonable costs and to
333	333	307support the purposes outlined in this section payable by a manufacturer, distributor, wholesaler
334	334	308or retailer upon submission of an unavoidable use exemption request under section (c) paragraph
335	335	309(5). Fees collected under this paragraph shall be deposited into the PFAS Public Health Trust
336	336	310Fund established under section (j) to be administered by the department for the purposes outlined
337	337	311in this section. 16 of 26
338	338	312 (3) In the event that the department makes such a determination and grants an
339	339	313unavoidable use exemption, the manufacturer, distributor, wholesaler or retailer shall label the
340	340	314product or products in a form and manner determined by the department.
341	341	315 (4) The prohibitions of this subsection shall not apply to the sale or resale of used
342	342	316consumer products.
343	343	317 (5) Consumer products or product categories in which the use of PFAS is a currently
344	344	318unavoidable use, as determined by the department, may be exempted for a fee to cover the
345	345	319department’s reasonable costs and to support the purposes outlined in this section, pursuant to a
346	346	320process established years. Fees collected under this paragraph shall be deposited into the PFAS
347	347	321Public Health Trust Fund established under section (j) to be administered by the department for
348	348	322the purposes outlined in this section. (6) Annually, not later than December 31, the department
349	349	323shall file a report on the manufacturers, distributors, wholesalers or retailers submitting
350	350	324unavoidable use exemption requests with the clerks of the house of representatives and the
351	351	325senate, the joint committee on public health, and shall make the report available on the
352	352	326department’s website. The report shall include, but not be limited to: (i) the full name of the
353	353	327manufacturer, distributor, wholesaler or retailer applying for an unavoidable use exemption; (ii)
354	354	328if the department granted the manufacturer, distributor, wholesaler or retailer an exemption or
355	355	329not; (iii) the department's reasoning for granting the exemption; and (iv) the length of the
356	356	330exemption.
357	357	331 (d) The department shall adopt regulations to implement this section. The department
358	358	332may adopt regulations to establish additional consumer products and product components to be
359	359	333covered by this section, provided that the consumer product or product component contains 17 of 26
360	360	334PFAS and the presence of PFAS in the consumer product or product component is deemed by
361	361	335the department, in consultation with the department of environmental protection and the Toxics
362	362	336Use Reduction Institute, to pose a risk to human health
363	363	337 (e) The attorney general shall have the authority to enforce the provisions of this section
364	364	338pursuant to G.L. c. 93A, § 4 and any person may bring an action pursuant to G.L. c. 93A §9.
365	365	339 (f) (1) Notwithstanding any general or special law to the contrary, the department of
366	366	340public health shall establish, on or before June 1, 2026, a publicly accessible reporting platform
367	367	341to collect information about per- and polyfluoroalkyl substances, or “PFAS”, and consumer
368	368	342products or product components containing PFAS being sold, offered for sale, distributed or
369	369	343offered for promotional purposes in, or imported into, the state. The department may consult
370	370	344with Interstate Chemicals Clearinghouse and may collaborate with other states with prohibitions
371	371	345on PFAS to establish such a platform.
372	372	346 (2) On or before June 1, 2026, and on or before June 1 of each year thereafter, a
373	373	347manufacturer of PFAS or a consumer product or product component containing intentionally
374	374	348added PFAS that is sold, offered for sale, distributed or offered for promotional purposes in, or
375	375	349imported into, the state shall register the PFAS or the consumer product or product component
376	376	350containing intentionally added PFAS on the publicly accessible reporting platform created
377	377	351pursuant to paragraph (1), along with all of the following information, as applicable: (i) the name
378	378	352and type of consumer product or product component containing intentionally added PFAS; (ii)
379	379	353the universal product code, or “UPC,” of the consumer product or product component containing
380	380	354intentionally added PFAS; (iii) how the PFAS are, or the consumer product or product
381	381	355component containing intentionally added PFAS are, used by businesses or consumers; (iv) the 18 of 26
382	382	356specific names of all PFAS compounds in the consumer product or product component
383	383	357containing intentionally added PFAS and the Chemical Abstracts Service Registry Number, also
384	384	358known as a “CAS Registry Number” or “CAS RN,” of each PFAS compound; (v) the amount of
385	385	359the consumer product or the product component or the numbers of consumer products or product
386	386	360components sold, delivered or imported into the state; (vi) the name and address of the
387	387	361manufacturer, and the name, address and phone number of the contact person for the
388	388	362manufacturer; and (vii) any additional information established by the department as necessary to
389	389	363implement the requirements of this section.
390	390	364 (3) With the approval of the department, a manufacturer may supply the information
391	391	365required in paragraph (2) for a category or type of consumer product rather than for each
392	392	366individual product.
393	393	367 (4) In a manner determined by the department, a manufacturer shall update and revise the
394	394	368information required under paragraph (2) whenever there is a significant change in the
395	395	369information or when requested to do so by the department.
396	396	370 (5) The department may establish by regulation and assess a fee payable by a
397	397	371manufacturer upon submission of the notification required under paragraph (2) to cover the
398	398	372department’s reasonable costs in developing and administering this section and to support the
399	399	373purposes outlined in this section collected under this paragraph shall be deposited into the PFAS
400	400	374Public Health Trust Fund established under section (j) to be administered by the department for
401	401	375the purposes outlined in this section.
402	402	376 (6) Any information submitted to, or developed by, the department in furtherance of this
403	403	377section, except for the specific information required to be disclosed in subsection (f)(2) of this 19 of 26
404	404	378section shall not be a public record and shall be exempt from disclosure under clause twenty-
405	405	379sixth of section 7 of chapter 4 and section 10 of chapter 66 of the General Laws.
406	406	380 (g) (1) A manufacturer of consumer products registered under paragraph (2) of subsection
407	407	381(f) shall send an electronic notification to distributors and wholesalers of the consumer product
408	408	382that the consumer product contains PFAS.
409	409	383 (2) A distributor or wholesaler who receives a notification pursuant to paragraph (1) shall
410	410	384send an electronic notification to retailers of the consumer product that the consumer product
411	411	385contains PFAS.
412	412	386 (3) The department shall adopt regulations to implement this subsection.
413	413	387 (4) The attorney general shall have the authority to enforce the provisions of this
414	414	388subsection under G.L. c. 93A, § 4.
415	415	389 (h) (1) A manufacturer of any of the following consumer products that is sold, offered for
416	416	390sale, distributed or offered for promotional purposes in, or imported into, the state shall establish
417	417	391an audit program to test for the presence of unintentionally added PFAS using analytical methods
418	418	392approved by the department in consultation with the department of environmental protection and
419	419	393the Toxics Use Reduction Institute: (i) child passenger restraints; (ii) cookware; (iii) fabric
420	420	394treatments; (iv) personal care products; (v) rugs and carpets; (vi) textile; (vii) textile furnishings;
421	421	395(viii) upholstered furniture; and (vii) children’s products.
422	422	396 (2) The department shall establish by regulation and assess a fee payable by a
423	423	397manufacturer under paragraph (1) to cover the department’s reasonable costs in testing a
424	424	398consumer product for the presence of unintentionally added PFAS at the request of a 20 of 26
425	425	399manufacturer. Fees collected under this paragraph shall be deposited into the PFAS Public
426	426	400Health Trust Fund established under section (j) to be administered by the department for the
427	427	401purposes outlined in this section.
428	428	402 (i) (1) There shall be a PFAS Public Health Trust Fund. Expenditures from the fund shall
429	429	403be made by the department, without further appropriation and consistent with this section, and
430	430	404consistent with the terms of other allocations and monies transferred to this fund, as applicable.
431	431	405The commissioner shall administer the fund for purposes outlined in this section, and may make
432	432	406expenditures from the fund to develop and implement a multilingual outreach and education
433	433	407campaign pursuant to section 29 of chapter 21A of the General Laws.
434	434	408 (2) The fund shall be expended to support the education of Massachusetts residents of
435	435	409PFAS contamination across the commonwealth and the potential health impacts of PFAS
436	436	410exposure, to mitigate the impacts of PFAS in consumer products in the commonwealth, and to
437	437	411support the development of PFAS-free alternatives by the Toxic Use Reduction Institute. The
438	438	412commissioner shall make necessary expenditures from this account for the shared administrative
439	439	413costs of the operations and programs of the department related to the fund, including but not
440	440	414limited to the unavoidable use exemption process under section (c) paragraph (5) and the testing
441	441	415a consumer product for the presence of unintentionally added PFAS. The commissioner shall
442	442	416further direct that monies from the fund shall be expended to provide services in an amount
443	443	417reasonably related to such administrative costs. No expenditure shall be made from the fund that
444	444	418would cause the fund to be in deficit at the close of a fiscal year. Amounts credited to the fund
445	445	419shall not be subject to further appropriation and monies remaining in the fund at the end of the
446	446	420fiscal year shall not revert to the General Fund, but shall instead be available for expenditure
447	447	421during subsequent fiscal years. Any fiscal year-end balance in the fund shall be excluded from 21 of 26
448	448	422the calculation of the consolidated net surplus pursuant to section 5C of chapter 29 of the
449	449	423General Laws.
450	450	424 (3) There shall be credited to the fund: (i) fees payable by a manufacturer, distributor,
451	451	425wholesaler or retailer upon submission of an unavoidable use exemption request under section
452	452	426(c) paragraph (5); (ii) transfers from other funds authorized by the general court and so
453	453	427designated; (iii) funds from public or private sources, including, but not limited to, gifts, grants,
454	454	428donations, rebates, settlements, judgments, awards, and other allocations received by the
455	455	429commonwealth designated to the fund; and (iv) any interest earned on such amounts.
456	456	430 SECTION 7. Chapter 111 of the General Laws is hereby amended by inserting after
457	457	431section 244 the following sections:-
458	458	432 Section 245. (a) The following terms shall, unless the context clearly requires otherwise,
459	459	433have the following meanings:-
460	460	434 “Firefighting personal protective equipment” means any clothing designed, intended or
461	461	435marketed to be worn by firefighting personnel in the performance of their duties, designed with
462	462	436the intent for the use in fire and rescue activities, including but not limited to: jackets, pants,
463	463	437shoes/boots, gloves, helmets and respiratory equipment.
464	464	438 “Intentionally added”, PFAS that is added to a product, or enters the product from the
465	465	439manufacturing or processing of that product; the addition of which is known or reasonably
466	466	440ascertainable by the manufacturer. “Intentionally added” PFAS also includes any degradation by-
467	467	441products of PFAS or the use of PFAS or PFAS precursors as a processing agent, mold release
468	468	442agent, or the creation of PFAS via chemical reactions. 22 of 26
469	469	443 "Known or reasonably ascertainable”, all information in a person's possession or control,
470	470	444plus all information that a reasonable person similarly situated might be expected to possess,
471	471	445control, or know.
472	472	446 “Local governments” includes any county, city, town, fire district, regional fire protection
473	473	447authority, or special purpose district that provides firefighting services.
474	474	448 “Manufacturer”, any person, firm or corporation that manufactures or distributes
475	475	449firefighting agents or firefighting equipment. In the case of a product imported into the United
476	476	450States, “manufacturer” includes the importer or first domestic distributor of the product if the
477	477	451person that manufactured or assembled or whose brand name is affixed to the product does not
478	478	452have a presence in the United States.
479	479	453 "Per- and polyfluoroalkyl substances" or “PFAS”, a class of fluorinated organic
480	480	454chemicals containing at least one fully fluorinated carbon atom.
481	481	455 (b) (1) A manufacturer or other person that sells firefighting personal protective
482	482	456equipment containing PFAS to any person, local government or state agency shall provide
483	483	457written notice to the purchaser at the time of sale: (i) that the firefighting personal protective
484	484	458equipment contains PFAS; (ii) the reason PFAS are added to the equipment; and (iii) the
485	485	459specific PFAS within the product listed by chemical name and abbreviated name.
486	486	460 (2) The manufacturer or other person selling firefighting personal protective equipment
487	487	461and the purchaser of the equipment shall retain a copy of the notice required pursuant to this
488	488	462subsection on file for at least 3 years from the date of the purchase. Upon the request of the
489	489	463department, a person, manufacturer, or purchaser shall furnish the notice, or written copies, and
490	490	464associated sales documentation to the department within 60 days of such request. 23 of 26
491	491	465 SECTION 8. Said section 246 of said chapter 111 of the General Laws, is hereby
492	492	466amended by striking out subsection (b) and inserting in place thereof the following subsection:-
493	493	467 (b) A manufacturer or other person that sells firefighting personal protective equipment to
494	494	468any person, local government, or state agency shall not manufacture, knowingly sell, offer for
495	495	469sale, distribute for sale, or distribute for use in the commonwealth any firefighting personal
496	496	470protective equipment containing intentionally added PFAS.
497	497	471 SECTION 9. Chapter 22D of the General Laws is hereby amended by inserting after
498	498	472section 6 the following sections:-
499	499	473 Section 7. (a) The following terms shall, unless the context clearly requires otherwise,
500	500	474have the following meanings:
501	501	475 “Department”, department of fire services
502	502	476 “Intentionally added”, PFAS that is added to a product, or enters the product from the
503	503	477manufacturing or processing of that product; and the addition of PFAS is known or reasonably
504	504	478ascertainable by the manufacturer. “Intentionally added” PFAS also includes any degradation by-
505	505	479products of PFAS or the use of PFAS or PFAS precursors as a processing agent, mold release
506	506	480agent, or the creation of PFAS via chemical reactions.
507	507	481 "Known or reasonably ascertainable”, all information in a person's possession or control,
508	508	482plus all information that a reasonable person similarly situated might be expected to possess,
509	509	483control, or know.
510	510	484 "Per- and polyfluoroalkyl substances" or “PFAS”, a class of fluorinated organic
511	511	485chemicals containing at least one fully fluorinated carbon atom. 24 of 26
512	512	486 (b) Notwithstanding any general or special law to the contrary, no person, local
513	513	487government or state agency shall use a Class B firefighting foam that contains intentionally
514	514	488added PFAS in any amount for training or testing purposes.
515	515	489 (c) Any person, unit of local government, fire department, or state agency that discharges
516	516	490or releases Class B firefighting foam that contains intentionally added PFAS must notify the
517	517	491department of environmental protection’s emergency response line as soon as possible but no
518	518	492later than within 24 hours of the discharge or release.
519	519	493 (d) The department shall assist the department of public health’s Occupational Health
520	520	494Surveillance Program in collecting data on occupational exposure to PFAS, including, but not
521	521	495limited to, firefighters.
522	522	496 SECTION 10. Section 12 of chapter 61A of the General Laws is hereby amended by
523	523	497inserting after the second paragraph the following paragraph:-
524	524	498 No conveyance tax under this section shall be assessed on land that is removed from
525	525	499agricultural or horticultural use due to regulatory action regarding the actual or suspected
526	526	500presence of PFAS in soil, water, or agricultural products derived from such land. For the
527	527	501purposes of this paragraph, “PFAS” shall mean a class of fluorinated organic compounds
528	528	502containing at least one fully fluorinated carbon atom. The commissioner of agricultural
529	529	503resources, in consultation with the commissioner of revenue and the commissioner of
530	530	504environmental protection, may promulgate regulations to enforce this paragraph.
531	531	505 SECTION 11. Section 13 of chapter 61A of the General Laws is hereby amended by
532	532	506adding the following subsection:- 25 of 26
533	533	507 (e) No roll-back tax imposed by this section shall be assessed on land that no longer
534	534	508meets the definition of land actively devoted to agricultural, horticultural or agricultural and
535	535	509horticultural use due to regulatory action regarding the actual or suspected presence of PFAS in
536	536	510soil, water, or agricultural products derived from such land. For the purposes of this subsection,
537	537	511“PFAS” shall mean a class of fluorinated organic compounds containing at least one fully
538	538	512fluorinated carbon atom. The commissioner of agricultural resources, in consultation with the
539	539	513commissioner of revenue and the commissioner of environmental protection, may promulgate
540	540	514regulations to enforce this subsection.
541	541	515 SECTION 12. Subsection (c) of said section 43B of said chapter 21 shall take effect two
542	542	516years after United States Environmental Protection Agency Method 1633 is available to the
543	543	517public.
544	544	518 SECTION 13. Section 3 shall take effect January 1, 2028.
545	545	519 SECTION 14. Section 5T of said chapter 111 shall take effect January 1, 2028.
546	546	520 SECTION 15. Subsection (b) of said section 5U of said chapter 111 shall take effect
547	547	521January 1, 2027.
548	548	522 SECTION 16. Subsection (c) of said section 5U of said chapter 111 shall take effect
549	549	523January 1, 2031.
550	550	524 SECTION 17. Paragraph (1) of said subsection (g) of said section 5U of said chapter 111
551	551	525shall take effect June 1, 2028.
552	552	526 SECTION 18. Subsection (h) of said section 5U of said chapter 111 shall take effect
553	553	527January 1, 2028. 26 of 26
554	554	528 SECTION 19. Subsection (i) of said section 5U of said chapter 111 shall take effect
555	555	529January 1, 2031.
556	556	530 SECTION 20. Section 245 of said chapter 111 shall take effect on the 180th day
557	557	531following enactment.
558	558	532 SECTION 21. Section 246 of said chapter 111 shall take effect January 1, 2026.
559	559	533 SECTION 22. Section 3 shall take effect on the 180th day following enactment.
560	560	534 SECTION 23. Section 7 shall take effect January 1, 2027.