Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1356 Compare Versions

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2	2	SENATE DOCKET, NO. 2053 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1356
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	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 :Julian CyrCape and IslandsKate Hogan3rd MiddlesexJack Patrick Lewis7th Middlesex1/23/2023Joanne M. ComerfordHampshire, Franklin and Worcester1/25/2023Rebecca L. RauschNorfolk, Worcester and Middlesex1/25/2023Adam Scanlon14th Bristol1/25/2023Sarah K. Peake4th Barnstable1/25/2023Angelo J. Puppolo, Jr.12th Hampden1/25/2023Robyn K. KennedyFirst Worcester1/26/2023Anne M. GobiWorcester and Hampshire2/7/2023Jason M. LewisFifth Middlesex2/7/2023Michael O. MooreSecond Worcester2/7/2023Thomas M. Stanley9th Middlesex2/7/2023Sal N. DiDomenicoMiddlesex and Suffolk2/7/2023Kimberly N. Ferguson1st Worcester2/7/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/8/2023Kay Khan11th Middlesex2/22/2023Carmine Lawrence Gentile13th Middlesex2/22/2023 2 of 2
16	16	James B. EldridgeMiddlesex and Worcester2/22/2023John F. KeenanNorfolk and Plymouth2/22/2023Lydia EdwardsThird Suffolk3/7/2023Paul R. FeeneyBristol and Norfolk3/7/2023Marcus S. Vaughn9th Norfolk3/7/2023 1 of 17
17	17	SENATE DOCKET, NO. 2053 FILED ON: 1/20/2023
18	18	SENATE . . . . . . . . . . . . . . No. 1356
19	19	By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1356) of Julian Cyr, Kate Hogan, Jack
20	20	Patrick Lewis, Joanne M. Comerford and other members of the General Court for legislation to
21	21	protect Massachusetts public health from PFAS. Public Health.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act to protect Massachusetts public health from PFAS.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 10 of the General Laws is hereby amended by inserting after
31	31	2section 35SSS the following section:-
32	32	3 Section 35TTT. (a) As used in this section, the following words, unless the context
33	33	4clearly requires otherwise, shall have the following meanings:-
34	34	5 “Board of health”, any body politic or political subdivision of the commonwealth that
35	35	6acts as a board of health, public health commission or a health department for a municipality,
36	36	7region or district, including, but not limited to, municipal boards of health, regional health
37	37	8districts established pursuant to G.L. c. 111, § 27B and boards of health that share services
38	38	9pursuant to G.L. c. 40, § 4A.
39	39	10 “Office”, executive office of energy and environmental affairs.
40	40	11 “Per- and polyfluoroalkyl substances” or “PFAS”, as defined in 310 CMR 22.07G. 2 of 17
41	41	12 “Regional system”, any system established by mutual agreement of 2 or more
42	42	13municipalities or by a county in which all municipalities of said county have an agreement to
43	43	14provide drinking water or wastewater services, or both, through shared facilities, sources or
44	44	15distribution networks.
45	45	16 “Secretary”, secretary of energy and environmental affairs.
46	46	17 (b) (1) There shall be a PFAS Remediation Trust Fund. Expenditures from the fund shall
47	47	18be made by the executive office of energy and environmental affairs, without further
48	48	19appropriation and consistent with the terms of settlements made in connection with claims
49	49	20arising from the manufacture, marketing or sale of PFAS-containing aqueous film-forming foam,
50	50	21as applicable. The secretary of energy and environmental affairs shall administer the fund.
51	51	22 (2) The fund shall be expended to mitigate the impacts of PFAS contamination in
52	52	23drinking water, groundwater, and soil in the commonwealth, including, but not limited to,
53	53	24assisting municipalities, private well owners, and public water systems with the cost of PFAS
54	54	25remediation projects. Amounts credited to the fund shall not be subject to further appropriation
55	55	26and monies remaining in the fund at the end of the fiscal year shall not revert to the General
56	56	27Fund, but shall instead be available for expenditure during the next fiscal year. Any fiscal year-
57	57	28end balance in the fund shall be excluded from the calculation of the consolidated net surplus
58	58	29pursuant to G.L. c. 29, § 5C.
59	59	30 (3) There shall be credited to the fund: (i) amounts recovered by the commonwealth and
60	60	31credited thereto in connection with claims arising from the manufacture, marketing or sale of
61	61	32PFAS-containing aqueous film-forming foam; (ii) transfers from other funds authorized by the
62	62	33general court and so designated; (iii) funds from public or private sources, including, but not 3 of 17
63	63	34limited to, gifts, grants, donations, rebates and settlements received by the commonwealth
64	64	35designated to the fund; and (iv) any interest earned on such amounts.
65	65	36 (c) The secretary shall award and administer grants from the fund, without further
66	66	37appropriation, for the purpose of addressing exceedances of state cleanup standards for PFAS in
67	67	38drinking water, groundwater and soil to: (i) municipalities for municipal use, including, but not
68	68	39limited to, establishing connections to regional systems and funds necessary to address the
69	69	40reasonable administrative costs of the municipality; (ii) boards of health for use in assisting
70	70	41private well users; (iii) community water systems for use on an existing system or to expand a
71	71	42system to assist additional water users; and (iv) non-transient non-community water systems.
72	72	43 (d) The office shall adopt rules, and include conditions in grant documents, to ensure that
73	73	44the applicant has made and will make reasonable efforts to obtain and use funds from any liable
74	74	45or potentially liable third party, excluding public sector fire departments for the use of Class B
75	75	46firefighting foam in emergency responses, prior to and after receiving a grant. In addition, the
76	76	47office shall adopt rules establishing criteria to ensure that an applicant shall not be eligible for
77	77	48grants for any project or portion of a project to the extent the negligence of the applicant caused
78	78	49the contamination that resulted in the exceedance of state cleanup standards for PFAS in drinking
79	79	50water, groundwater and soil.
80	80	51 (e) If the office provides a grant related to costs for a project for which a third party might
81	81	52otherwise be liable, the right to recover payment from such third party, excluding public sector
82	82	53fire departments for the use of Class B firefighting foam in emergency responses, shall be
83	83	54subrogated to the office to the extent of such forgiveness or grant. Any money recovered by the
84	84	55office from such third parties shall be deposited in the PFAS Remediation Trust Fund. 4 of 17
85	85	56 (f)(1) The office may collaborate with the department of public health to provide funding
86	86	57for boards of health to establish a program of rebates to private well users. Eligible spending for
87	87	58rebate shall include, but not be limited to, sampling of private well water for PFAS regulated by
88	88	59the department of environmental protection under 310 CMR 22.00 and purchase of point-of-
89	89	60entry or point-of-use treatment systems to remove PFAS from drinking water.
90	90	61 (2) Boards of health may opt in to receive funding from the office pursuant to paragraph
91	91	62(1), and may apply for and receive funds from the office necessary to cover reasonable
92	92	63administrative costs related to implementation of said paragraph (1). Boards of health that opt in
93	93	64shall amend their codes to require private well water quality testing for PFAS for property sales
94	94	65and new construction.
95	95	66 (3) Annually, not later than August 31, boards of health that opt in under paragraph (2)
96	96	67shall submit a report to the office including information demonstrating compliance during the
97	97	68preceding fiscal year with said paragraph (2).
98	98	69 (g) Annually, not later than October 1, the secretary shall file a report on the activity,
99	99	70revenue and expenditures to and from the fund in the prior fiscal year with the clerks of the
100	100	71house of representatives and the senate and the house and senate committees on ways and means,
101	101	72and shall make the report available on the office’s website. The report shall include, but not be
102	102	73limited to: (i) revenue credited to the fund; (ii) the amount of expenditure attributable to the
103	103	74administrative costs of the office; (iii) an itemized list of the funds expended from the fund; and
104	104	75(iv) data and an assessment of how well resources have been directed to environmental justice
105	105	76communities. 5 of 17
106	106	77 SECTION 2. Chapter 21 of the General Laws is hereby amended by inserting after
107	107	78section 43A the following section:-
108	108	79 Section 43B. (a) The department of environmental protection shall amend its
109	109	80groundwater discharge permits with requirements for quarterly monitoring and reporting of per-
110	110	81and polyfluoroalkyl substances, commonly referred to as “PFAS”.
111	111	82 (b) The department shall amend its surface water discharge permits and groundwater
112	112	83discharge permits issued to industrial permittees with requirements to implement best
113	113	84management practices for discharges of PFAS, including, but not limited to: (i) product
114	114	85elimination or substitution when a reasonable alternative to using PFAS is available in the
115	115	86industrial process; (ii) accidental discharge minimization; and (iii) equipment decontamination or
116	116	87replacement where PFAS products have historically been used.
117	117	88 (c) The department shall propose rules and regulations pursuant to G.L. c. 21, § 27 for
118	118	89effluent limitations and pre-treatment requirements for PFAS in groundwater discharge.
119	119	90 SECTION 3. Chapter 21A of the General Laws is hereby amended by inserting after
120	120	91section 28 the following section:-
121	121	92 Section 29. (a) The office, in collaboration with the executive office of health and human
122	122	93services, shall develop and implement a multilingual outreach program to promote the education
123	123	94of environmental justice populations impacted by per- and polyfluoroalkyl substances,
124	124	95commonly referred to as “PFAS”, contamination. This program shall include the development
125	125	96and distribution of educational materials, the content of which shall include, but not be limited
126	126	97to: (i) the health effects of PFAS exposure; (ii) the routes of PFAS exposure; (iii) a list of
127	127	98facilities required to prepare a toxics use reduction plan for PFAS within 10 miles of the 6 of 17
128	128	99environmental justice community; (iv) citizen involvement pursuant to G.L. c. 21I, § 18; and (v)
129	129	100state assistance programs for PFAS remediation.
130	130	101 (b) The educational materials shall be translated into the primary languages of impacted
131	131	102environmental justice populations. Such educational materials shall be made available to, but not
132	132	103be limited to: (i) community centers; (ii) health care centers; and (iii) schools.
133	133	104 (c) The office may contract or associate with public and private agencies and
134	134	105organizations for the preparation of said educational materials on PFAS exposure, other pertinent
135	135	106resource information on the matter of PFAS contamination and conducting educational
136	136	107programs.
137	137	108 SECTION 4. Chapter 111 of the General Laws is hereby amended by inserting after
138	138	109section 5S the following sections:-
139	139	110 Section 5T. (a) As used in this section, the following words shall, unless the context
140	140	111clearly requires otherwise, have the following meanings:-
141	141	112 “Food package", a package or packaging component that is intended for the marketing,
142	142	113protection or handling of a product intended for food contact or used to store food and foodstuffs
143	143	114for sale.
144	144	115 "Manufacturer", a person, firm, association, partnership, government entity, organization,
145	145	116joint venture or corporation that applies a package to a product for distribution or sale.
146	146	117 "Package", a container providing a means of marketing, protecting or handling a product
147	147	118which shall include a unit package, an intermediate package, a package used for shipping or 7 of 17
148	148	119transport and unsealed receptacles such as carrying cases, crates, cups, pails, rigid foil and other
149	149	120trays, wrappers and wrapping films, bags and tubs.
150	150	121 "Packaging component", an individual assembled part of a package including, but not
151	151	122limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior
152	152	123strapping, coatings, closures, inks and labels.
153	153	124 "Per- and polyfluoroalkyl substances" or “PFAS”, a class of fluorinated substances that
154	154	125contain at least one fully fluorinated methyl or methylene carbon atom.
155	155	126 (b) No manufacturer shall sell, offer for sale, distribute for sale, or distribute for use in
156	156	127the commonwealth food packaging to which PFAS have been intentionally added in any amount.
157	157	128 Section 5U. (a) As used in this section, the following words shall, unless the context
158	158	129clearly requires otherwise, have the following meanings:-
159	159	130 “Child passenger restraint”, a child passenger restraint under G.L. c. 90, § 7AA.
160	160	131 “Children’s products”, a consumer product, including its product components, intended,
161	161	132made or marketed for use by children 12 years of age or under, not including medical devices.
162	162	133 “Consumer product,” any article that, to any significant extent, is distributed in
163	163	134commerce for personal use or consumption by individuals.
164	164	135 “Cookware”, durable houseware items that are used in homes and restaurants to prepare,
165	165	136dispense, or store food, foodstuffs or beverages, including, but not limited to, pots, pans, skillets,
166	166	137grills, baking sheets, baking molds, trays, bowls and cooking utensils. 8 of 17
167	167	138 “Current unavoidable use”, a use of PFAS that the department has determined under this
168	168	139section to be essential for health, safety or the functioning of society and for which alternatives
169	169	140are not reasonably available.
170	170	141 “Distributor”, any person, firm or corporation who takes title to goods, produced either
171	171	142domestically or in a foreign country, purchased for resale or promotional purposes.
172	172	143 “Fabric treatment”, a substance applied to fabric, carpets, rugs, shoes or textiles to impart
173	173	144characteristics, including, but not limited to, stain resistance or water resistance.
174	174	145 “Intentionally added”, the addition of a chemical to a final product or product component
175	175	146for the purpose of providing a specific characteristic, appearance or quality or to perform a
176	176	147specific function in the product or product component, including PFAS that are intentional
177	177	148chemical breakdown products or derivatives of an added chemical that also have a specific
178	178	149function in the product or product component.
179	179	150 “Manufacturer”, any person, firm or corporation that manufactures a product whose
180	180	151brand name is affixed to the product. In the case of a product imported into the United States,
181	181	152“manufacturer” includes the importer or first domestic distributor of the product if the person
182	182	153that manufactured or assembled or whose brand name is affixed to the product does not have a
183	183	154presence in the United States.
184	184	155 “Per- and polyfluoroalkyl substances” or “PFAS”, a class of fluorinated substances that
185	185	156contain at least one fully fluorinated methyl or methylene carbon atom.
186	186	157 “Personal care products”, articles intended to be rubbed, poured, sprinkled, or sprayed on,
187	187	158introduced into or otherwise applied to the human body for cleansing, beautifying, promoting 9 of 17
188	188	159attractiveness or altering the appearance. Personal care products shall include products such as
189	189	160skin moisturizers, perfumes, lipsticks, fingernail polishes, eye and facial makeup preparations,
190	190	161shampoos, permanent waves, hair colors, toothpastes, sunscreen, hair spray, shaving cream and
191	191	162deodorants, as well as any material intended for use as a component of a cosmetic product.
192	192	163Personal care products shall also include disposable menstrual products such as sanitary napkins,
193	193	164tampons and underwear liners.
194	194	165 “Product component”, a component of a product, including the product’s ingredients or a
195	195	166part of the product, regardless of whether the manufacturer of the product is the manufacturer of
196	196	167the component.
197	197	168 “Product label”, a display of written, printed or graphic material that appears on, or is
198	198	169affixed to, the exterior of a product, or its exterior container or wrapper that is visible to a
199	199	170consumer, if the product has an exterior container or wrapper.
200	200	171 “Retailer”, any person, firm or corporation to whom a consumer product is delivered or
201	201	172sold, if such delivery or sale is for purposes of sale or distribution in commerce to purchasers
202	202	173who buy such product for purposes other than resale.
203	203	174 “Rugs and carpets”, fabric used to or marketed to cover floors.
204	204	175 “Upholstered furniture'', as defined in G.L. c. 94, § 270.
205	205	176 “Wholesaler,” any person, firm or corporation to whom a consumer product is delivered
206	206	177or sold, if such delivery or sale is for purposes of sale or distribution in commerce to purchasers
207	207	178who buy such product for purposes of resale. 10 of 17
208	208	179 (b) (1) No manufacturer, distributor, wholesaler or retailer shall offer for sale, sell or
209	209	180distribute in the commonwealth any of the following products or product categories to which
210	210	181PFAS have been intentionally added: (i) child passenger restraints; (ii) cookware; (iii) fabric
211	211	182treatments; (iv) personal care products; (v) rugs and carpets; (vi) upholstered furniture; and (vii)
212	212	183children’s products.
213	213	184 (2) The prohibitions of this subsection shall not apply to the sale or resale of used
214	214	185products.
215	215	186 (3) Products or product categories in which the use of PFAS is a currently unavoidable
216	216	187use, as determined by the department, may be exempted by the department at intervals of no
217	217	188more than 3 years.
218	218	189 (c) (1) No manufacturer, distributor, wholesaler or retailer shall offer for sale, sell or
219	219	190distribute in the commonwealth any products to which PFAS have been intentionally added,
220	220	191unless the department has determined that the use of PFAS in the product is a currently
221	221	192unavoidable use and grants a temporary exemption at intervals of no more than 3 years.
222	222	193 (2) The prohibitions of this subsection shall not apply to the sale or resale of used
223	223	194products.
224	224	195 (d) The department shall adopt regulations to implement this section.
225	225	196 (e) The attorney general shall have the authority to enforce the provisions of this section
226	226	197pursuant to G.L. c. 93A, § 4.
227	227	198 (f) (1) Notwithstanding any general or special law to the contrary, the department of
228	228	199public health shall establish, on or before June 1, 2025, a publicly accessible reporting platform 11 of 17
229	229	200to collect information about per- and polyfluoroalkyl substances, or “PFAS”, and products or
230	230	201product components containing PFAS being sold, offered for sale, distributed or offered for
231	231	202promotional purposes in, or imported into, the state. The department may consult with Interstate
232	232	203Chemicals Clearinghouse to establish such a platform.
233	233	204 (2) On or before June 1, 2026, and on or before June 1 of each year thereafter, a
234	234	205manufacturer of PFAS or a product or product component containing intentionally added PFAS
235	235	206that is sold, offered for sale, distributed or offered for promotional purposes in, or imported into,
236	236	207the state shall register the PFAS or the product or product component containing intentionally
237	237	208added PFAS on the publicly accessible reporting platform created pursuant to paragraph (1),
238	238	209along with all of the following information, as applicable: (i) the name and type of product or
239	239	210product component containing intentionally added PFAS; (ii) the universal product code, or
240	240	211“UPC,” of the product or product component containing intentionally added PFAS; (iii) how the
241	241	212PFAS are, or the product or product component containing intentionally added PFAS are, used
242	242	213by businesses or consumers; (iv) the specific names of all PFAS compounds in the product or
243	243	214product component containing intentionally added PFAS and the Chemical Abstracts Service
244	244	215Registry Number, also known as a “CAS Registry Number” or “CAS RN,” of each PFAS
245	245	216compound; (v) the amount of the product or the product component or the numbers of products
246	246	217or product components sold, delivered or imported into the state; (vi) the name and address of
247	247	218the manufacturer, and the name, address and phone number of the contact person for the
248	248	219manufacturer; and (vii) any additional information established by the department as necessary to
249	249	220implement the requirements of this section. 12 of 17
250	250	221 (3) With the approval of the department, a manufacturer may supply the information
251	251	222required in paragraph (2) for a category or type of product rather than for each individual
252	252	223product.
253	253	224 (4) In a manner determined by the department, a manufacturer shall update and revise the
254	254	225information required under paragraph (2) whenever there is a significant change in the
255	255	226information or when requested to do so by the department.
256	256	227 (5) The department may establish by regulation and assess a fee payable by a
257	257	228manufacturer upon submission of the notification required under paragraph (2) to cover the
258	258	229department’s reasonable costs in developing and administering this section.
259	259	230 (g) (1) A manufacturer of products registered under paragraph (2) of subsection (f) shall
260	260	231send an electronic notification to distributors and wholesalers of the product that the product
261	261	232contains PFAS.
262	262	233 (2) A distributor or wholesaler who receives a notification pursuant to paragraph (1) shall
263	263	234send an electronic notification to retailers of the product that the product contains PFAS.
264	264	235 (3) The department shall adopt regulations to implement this subsection.
265	265	236 (4) The attorney general shall have the authority to enforce the provisions of this
266	266	237subsection under G.L. c. 93A, § 4.
267	267	238 (h) A manufacturer of products registered under paragraph (2) of subsection (f) shall state
268	268	239the presence of PFAS on a product label that is visible and legible to the consumer, including on
269	269	240the product listing for online sales. Products that meet both of the following requirements are
270	270	241exempt from the requirements of this section: (i) the surface area of the product cannot fit a 13 of 17
271	271	242product label of at least two square inches; and (ii) the product does not have either (1) an
272	272	243exterior container or wrapper on which a product label can appear or be affixed, or (2) a tag or
273	273	244other attachment with information about the product attached to the product.
274	274	245 (i) A manufacturer of any of the following products that is sold, offered for sale,
275	275	246distributed or offered for promotional purposes in, or imported into, the state shall test for the
276	276	247presence of unintentionally added PFAS using analytical methods approved by the department:
277	277	248(i) child passenger restraints; (ii) cookware; (iii) fabric treatments; (iv) personal care products;
278	278	249(v) rugs and carpets; (vi) upholstered furniture; and (vii) children’s products.
279	279	250 SECTION 5. Chapter 111 of the General Laws is hereby amended by inserting after
280	280	251section 244 the following sections:-
281	281	252 Section 245. (a) The department, in consultation with the department of environmental
282	282	253protection, shall design and implement a public awareness campaign to inform Massachusetts
283	283	254residents of per- and polyfluoroalkyl substances, commonly referred to as “PFAS”,
284	284	255contamination across the commonwealth and potential health impacts of PFAS exposure. The
285	285	256campaign shall include, but is not limited to, the following subjects: (i) PFAS exposure
286	286	257pathways, including drinking water, groundwater, surface water, wastewater, land application of
287	287	258biosolids, landfills, air and fish tissue; (ii) consumer products that are known to contain PFAS;
288	288	259(iii) PFAS in Class B firefighting foam; (iv) facilities that are known and potential sources of
289	289	260PFAS in the commonwealth; (v) potential health impacts of PFAS exposure; and (vi) state
290	290	261assistance programs for PFAS remediation.
291	291	262 (b) The department of public health shall develop informational booklets about PFAS and
292	292	263make the booklets available to all health care professionals, community health centers, and 14 of 17
293	293	264members of the public upon their request. The department shall publicize and make available the
294	294	265booklet to the maximum extent possible, and shall make the booklet available electronically on
295	295	266its website in English and Spanish. This information may be revised by the department whenever
296	296	267new information about the health impacts of PFAS becomes available.
297	297	268 Section 246. (a) The following terms shall, unless the context clearly requires otherwise,
298	298	269have the following meanings:-
299	299	270 “Firefighting personal protective equipment” means any clothing designed, intended or
300	300	271marketed to be worn by firefighting personnel in the performance of their duties, designed with
301	301	272the intent for the use in fire and rescue activities, including jackets, pants, shoes, gloves, helmets
302	302	273and respiratory equipment.
303	303	274 “Local governments” includes any county, city, town, fire district, regional fire protection
304	304	275authority, or special purpose district that provides firefighting services.
305	305	276 “Manufacturer”, any person, firm or corporation that manufactures or distributes
306	306	277firefighting agents or firefighting equipment. In the case of a product imported into the United
307	307	278States, “manufacturer” includes the importer or first domestic distributor of the product if the
308	308	279person that manufactured or assembled or whose brand name is affixed to the product does not
309	309	280have a presence in the United States.
310	310	281 "Per- and polyfluoroalkyl substances" or “PFAS”, a class of fluorinated substances that
311	311	282contain at least one fully fluorinated methyl or methylene carbon atom.
312	312	283 (b) (1) A manufacturer or other person that sells firefighting personal protective
313	313	284equipment containing PFAS to any person, local government or state agency shall provide 15 of 17
314	314	285written notice to the purchaser at the time of sale: (i) that the firefighting personal protective
315	315	286equipment contains PFAS; and (ii) the reason PFAS are added to the equipment.
316	316	287 (2) The manufacturer or other person selling firefighting personal protective equipment
317	317	288and the purchaser of the equipment shall retain a copy of the notice required pursuant to this
318	318	289subsection on file for at least 3 years from the date of the purchase. Upon the request of the
319	319	290department, a person, manufacturer, or purchaser shall furnish the notice, or written copies, and
320	320	291associated sales documentation to the department within 60 days of such request.
321	321	292 SECTION 6. Said section 246 of said chapter 111 of the General Laws, is hereby
322	322	293amended by striking out subsection (b) and inserting in place thereof the following subsection:-
323	323	294 (b) A manufacturer or other person that sells firefighting personal protective equipment to
324	324	295any person, local government, or state agency shall not manufacture, knowingly sell, offer for
325	325	296sale, distribute for sale, or distribute for use in the commonwealth any firefighting personal
326	326	297protective equipment containing intentionally added PFAS.
327	327	298 SECTION 7. (a) Notwithstanding any general or special law to the contrary, no person,
328	328	299local government or state agency shall use a Class B firefighting foam that contains intentionally
329	329	300added PFAS in any amount for training or testing purposes.
330	330	301 (b) Any person, unit of local government, fire department, or state agency that discharges
331	331	302or releases Class B firefighting foam that contains intentionally added PFAS must notify the
332	332	303department of environmental protection’s emergency response line within 48 hours of the
333	333	304discharge or release. 16 of 17
334	334	305 (c) The department of public health shall collect data on occupational exposure to PFAS,
335	335	306including, but not limited to, firefighters, and shall report data through the Massachusetts Cancer
336	336	307Registry.
337	337	308 SECTION 8. The department of environmental protection shall amend the private well
338	338	309guidelines, last updated July 2018, and model BOH regulation for private wells, last updated July
339	339	3102018, to include language for testing, monitoring, and remediation of per- and polyfluoroalkyl
340	340	311substances regulated by the department under 310 CMR 22.07G(3).
341	341	312 SECTION 9. Subsection (a) of section 43B of chapter 21 of the General Laws shall take
342	342	313effect six months after United States Environmental Protection Agency Method 1633 is available
343	343	314to the public.
344	344	315 SECTION 10. Subsection (b) of said section 43B of said chapter 21 shall take effect on
345	345	316the 180th day following enactment.
346	346	317 SECTION 11. Subsection (c) of said section 43B of said chapter 21 shall take effect two
347	347	318years after United States Environmental Protection Agency Method 1633 is available to the
348	348	319public.
349	349	320 SECTION 12. Section 5T of said chapter 111 shall take effect January 1, 2026.
350	350	321 SECTION 13. Subsection (b) of said section 5U of said chapter 111 shall take effect
351	351	322January 1, 2026.
352	352	323 SECTION 14. Subsection (c) of said section 5U of said chapter 111 shall take effect
353	353	324January 1, 2030. 17 of 17
354	354	325 SECTION 15. Paragraph (1) of said subsection (g) of said section 5U of said chapter 111
355	355	326shall take effect June 1, 2026.
356	356	327 SECTION 16. Subsection (h) of said section 5U of said chapter 111 shall take effect
357	357	328January 1, 2026.
358	358	329 SECTION 17. Subsection (i) of said section 5U of said chapter 111 shall take effect
359	359	330January 1, 2030.
360	360	331 SECTION 18. Section 245 of said chapter 111 shall take effect on the 180th day
361	361	332following enactment.
362	362	333 SECTION 19. Section 246 of said chapter 111 shall take effect January 1, 2025.
363	363	334 SECTION 20. Section 6 shall take effect January 1, 2026.