Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H109 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3814 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 109
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	James C. Arena-DeRosa
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 protecting our soil and farms from PFAS contamination.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:James C. Arena-DeRosa8th Middlesex1/17/2025Lindsay N. Sabadosa1st Hampshire1/24/2025Steven Ultrino33rd Middlesex1/29/2025Natalie M. Blais1st Franklin1/29/2025Joanne M. ComerfordHampshire, Franklin and Worcester1/29/2025Danillo A. Sena37th Middlesex1/29/2025Erika Uyterhoeven27th Middlesex1/30/2025Samantha Montaño15th Suffolk2/5/2025Rodney M. Elliott16th Middlesex2/5/2025David Paul Linsky5th Middlesex2/13/2025Margaret R. Scarsdale1st Middlesex2/13/2025Mindy Domb3rd Hampshire2/19/2025Natalie M. Higgins4th Worcester2/25/2025Adrianne Pusateri Ramos14th Essex3/7/2025 1 of 10
16	16	HOUSE DOCKET, NO. 3814 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 109
18	18	By Representative Arena-DeRosa of Holliston, a petition (accompanied by bill, House, No. 109)
19	19	of James C. Arena-DeRosa and others relative to farming and damages caused by PFAS.
20	20	Agriculture.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act protecting our soil and farms from PFAS contamination.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 20 of the General Laws, as appearing in the 2022 Official Edition,
30	30	2is hereby amended by inserting after section 32 the following section:-
31	31	3 Section 33. An individual or entity engaged in the practice of farming, as defined in
32	32	4section 1A of chapter 128, shall be immune from suit and civil liability for any damages
33	33	5resulting from claims based on harms caused by PFAS present in soil, water or agricultural
34	34	6products as a result of standard agricultural practices. For the purposes of this section, “PFAS”
35	35	7shall mean a class of fluorinated organic chemicals containing at least one fully fluorinated
36	36	8carbon atom.
37	37	9 SECTION 2. Chapter 29 of the General Laws, as appearing in the 2022 Official Edition,
38	38	10is hereby amended by inserting after section 2DDDDDD the following 2 sections:-
39	39	11 2EEEEEE. There shall be established and set up on the books of the commonwealth a
40	40	12separate fund to be known as the Agricultural PFAS Relief Fund, which shall be used 2 of 10
41	41	13exclusively to assist farmers in the commonwealth who have suffered losses or incurred costs
42	42	14resulting from standard agricultural practices that may have resulted in the actual or suspected
43	43	15presence of PFAS in soil, water or agricultural products. For the purposes of this section,
44	44	16“PFAS” shall mean a class of fluorinated organic chemicals containing at least one fully
45	45	17fluorinated carbon atom. The Agricultural PFAS Relief Fund shall be credited with money from:
46	46	18(i) amounts recovered by the commonwealth and credited thereto in connection with claims
47	47	19arising from the sources of PFAS contamination found in biosolids products applied on
48	48	20agricultural land; (ii) any appropriations authorized by the general court specifically designated
49	49	21to be credited to the fund; (iii) gifts, grants and donations from public or private sources; (iv)
50	50	22federal reimbursements and grants-in-aid; and (v) any interest earned from the fund. The
51	51	23commissioner of agricultural resources shall promulgate rules and regulations to direct the
52	52	24expenditure of money from this fund for purposes including, but not limited to: testing of soil,
53	53	25water or agricultural products for PFAS; costs incurred from adapting management and business
54	54	26practices as a result of the disallowance of use of products containing PFAS or the disruption of
55	55	27business caused by the presence of PFAS; development and implementation of educational
56	56	28resources for farmers to adapt to management changes resulting from the presence of PFAS;
57	57	29physical and mental health needs of farm owners and personnel resulting from exposure to
58	58	30PFAS; remediation practices and needed infrastructure for the elimination of PFAS; and
59	59	31development of PFAS testing capacity at the Center for Agriculture, Food and the Environment
60	60	32at the University of Massachusetts at Amherst. Regulations shall follow the department of
61	61	33agricultural resources’ environmental justice policy.
62	62	34 The state treasurer shall be the custodian of the fund and shall receive, deposit and invest
63	63	35all funds under this section to ensure the highest interest rate available consistent with the safety 3 of 10
64	64	36of the fund. The books and records of the fund shall be subject to an annual audit by the state
65	65	37auditor.
66	66	38 The department of agricultural resources may expend money in the fund without further
67	67	39appropriation and no expenditure from the fund shall cause it to be in deficiency at the close of a
68	68	40fiscal year. The commissioner of agricultural resources shall report annually to the house and
69	69	41senate committees on ways and means and the joint committee on agriculture on income
70	70	42received into the fund and sources of that income, any expenditure from the fund and the purpose
71	71	43of that expenditure and the fund’s balance. Money in the fund at the end of the fiscal year shall
72	72	44not revert to the General Fund and shall be available for expenditure in the subsequent year and
73	73	45shall not be subject to section 5C of chapter 29.
74	74	46 2FFFFFF. There shall be established and set up on the books of the commonwealth a
75	75	47separate fund to be known as the Agricultural Fertilizer Purchasing Fund, which shall be used to
76	76	48assist commercial farmers in the commonwealth who can demonstrate that they are incurring
77	77	49additional costs in purchasing fertilizer as a result of the disallowance of use of products
78	78	50containing PFAS. The fund shall be administered by the secretary of energy and environmental
79	79	51affairs, in consultation with the commissioner of the department of agricultural resources.
80	80	52 The fund shall be credited with appropriations or other money authorized or transferred
81	81	53by the general court and specifically designated to be credited to the fund. Amounts credited to
82	82	54the fund shall be expended to farmers to support the purchase of fertilizer for commercial
83	83	55agricultural purposes in fiscal year 2025 and thereafter. Applications shall be noncompetitive and
84	84	56shall be accepted or denied based only upon whether farmers have met the eligibility 4 of 10
85	85	57requirements. Money remaining in the fund at the end of a fiscal year shall not revert to the
86	86	58General Fund. The fund shall not be subject to section 5C of chapter 29.
87	87	59 The secretary shall promulgate regulations to implement this section.
88	88	60 SECTION 3. Section 12 of chapter 61A of the General Laws, as appearing in the 2022
89	89	61Official Edition, is hereby amended by inserting after the second paragraph the following
90	90	62paragraph:-
91	91	63 No conveyance tax under this section shall be assessed on land that is removed from
92	92	64agricultural or horticultural use due to regulatory action regarding the actual or suspected
93	93	65presence of PFAS in soil, water, or agricultural products derived from such land. For the
94	94	66purposes of this paragraph, “PFAS” shall mean a class of fluorinated organic chemicals
95	95	67containing at least one fully fluorinated carbon atom. The commissioner of agricultural
96	96	68resources, in consultation with the commissioner of revenue and the commissioner of
97	97	69environmental protection, shall promulgate regulations to enforce this paragraph.
98	98	70 SECTION 4. Section 13 of said chapter 61A, as so appearing, is hereby amended by
99	99	71adding the following subsection:-
100	100	72 (e) No roll-back tax imposed by this section shall be assessed on land that no longer
101	101	73meets the definition of land actively devoted to agricultural, horticultural or agricultural and
102	102	74horticultural use due to regulatory action regarding the actual or suspected presence of PFAS in
103	103	75soil, water or agricultural products derived from such land. For the purposes of this subsection,
104	104	76“PFAS” shall mean a class of fluorinated organic chemicals containing at least one fully
105	105	77fluorinated carbon atom. 5 of 10
106	106	78 The commissioner of agricultural resources, in consultation with the commissioner of
107	107	79revenue and the commissioner of environmental protection, shall promulgate regulations to
108	108	80enforce this subsection.
109	109	81 SECTION 5. Section 8 of Chapter 21A of the General Laws, as appearing in the 2022
110	110	82Official Edition, is hereby amended by inserting after the words “one hundred and sixty-six,
111	111	83inclusive” the following words:- , one hundred and seventy-one A
112	112	84 SECTION 6. Chapter 111 of the General Laws, as appearing in the 2022 Official Edition,
113	113	85is hereby amended by inserting after section 171 the following section:-
114	114	86 Section 171A. (a) For the purposes of this section, the following words shall have the
115	115	87following meanings:
116	116	88 “Biosolids”, treated or untreated sewage sludge.
117	117	89 “Department”, the department of environmental protection.
118	118	90 “Fertilizer”, shall be as defined in section 64 of chapter 128.
119	119	91 “PFAS”, shall mean a class of fluorinated organic chemicals containing at least one fully
120	120	92fluorinated carbon atom.
121	121	93 (b) The application of biosolids on land is prohibited.
122	122	94 (c) Fertilizer derived from or containing biosolids or sewage sludge, soil amendments
123	123	95derived from or containing sewage sludge and other product or material that is intended for use
124	124	96as a fertilizer, soil amendment, topsoil replacement or mulch or for other similar agricultural
125	125	97purpose that is derived from or contains sludge shall not be sold or otherwise transferred to 6 of 10
126	126	98consumers unless the manufacturer of said product can prove that said product contains no
127	127	99measurable PFAS.
128	128	100 (d) A manufacturer of any fertilizer or other soil amendment shall test for the presence of
129	129	101PFAS using analytical methods approved by the department of environmental protection and the
130	130	102department of agricultural resources. The manufacturer shall notify the department of
131	131	103environmental protection of the method and results of said testing in writing regardless of the
132	132	104amount of PFAS present. The manufacturer’s written notice shall be submitted electronically in a
133	133	105format to be specified by the department, in consultation with the department of agricultural
134	134	106resources. The department shall make information reported under this subsection available to the
135	135	107public via the department’s website.
136	136	108 (e) The department of environmental protection, in coordination with the department of
137	137	109public health and the department of agricultural resources, shall promulgate rules and regulations
138	138	110necessary to carry out and enforce this section.
139	139	111 SECTION 7. Chapter 128 of the General Laws, as appearing in the 2022 Official Edition,
140	140	112is hereby amended by inserting after section 66 the following section:-
141	141	113 Section 66A. (a) The commissioner shall not issue a license pursuant to section 66 for the
142	142	114retail sale of any fertilizer or other soil amendment that has not been tested for the presence of
143	143	115PFAS in accordance with section 171A of chapter 111. For the purposes of this section, “PFAS”
144	144	116shall mean a class of fluorinated organic chemicals containing at least one fully fluorinated
145	145	117carbon atom.
146	146	118 (b) The commissioner shall not issue a license pursuant to section 66 for the retail sale of
147	147	119any fertilizer or other soil amendment which contains any measurable PFAS. 7 of 10
148	148	120 SECTION 8. Chapter 16 of the General Laws, as appearing in the 2022 Official Edition,
149	149	121is hereby amended by adding the following 2 sections:-
150	150	122 Section 25. The department shall investigate and study the sludge disposal needs of the
151	151	123commonwealth, including, but not limited to, appropriate management techniques for source,
152	152	124toxicity and volume reduction, wastewater treatment design and operation and any other
153	153	125innovative, environmentally sound technologies. Said investigation shall identify, to the
154	154	126maximum practical extent:
155	155	127 (1) the sources, types, toxicity and quantities of sewage sludge generated at each
156	156	128wastewater treatment plant;
157	157	129 (2) the current means for collection, transfer, processing and disposal of sludge, and the
158	158	130length of, and termination date of any existing contract entered into by any city or town for the
159	159	131contracting of the collection, transfer, processing and disposal of sludge; and
160	160	132 (3) the adequacy of wastewater treatment facilities to protect employees on-site, the
161	161	133public health, safety and environment.
162	162	134 The department, after not less than 3 public hearings, held in geographically diverse areas
163	163	135of the commonwealth, and a public comment period, shall develop and maintain a
164	164	136comprehensive statewide master plan for sludge including any necessary provisions to meet
165	165	137eligibility requirements under any federal program for financial aid in sludge management. Any
166	166	138amendment, alterations or changes to said master plan shall be adopted only after a public
167	167	139hearing. 8 of 10
168	168	140 For the purposes of this section, toxicity shall include any and all pathogens, chemicals or
169	169	141other agents or molecules regulated by the commonwealth, and any substance known to cause
170	170	142harm to human health.
171	171	143 The comprehensive statewide master plan referred to herein shall describe, to the
172	172	144maximum practicable extent, a short and long-range program for reduction and management of
173	173	145sludge throughout the commonwealth, and the funding for the development of such systems,
174	174	146infrastructure and facilities which the department finds to be reasonably necessary.
175	175	147 Without limitation of the foregoing, said plan shall, to the maximum practicable extent,
176	176	148include, but not be limited to:
177	177	149 (1) A program for providing technical assistance and funding to cities and towns to
178	178	150develop local sludge management plans;
179	179	151 (2) A template local sludge management plan which cities and towns shall adopt and may
180	180	152alter provided that any alterations are certified by the department as being compliance with the
181	181	153goals of this section, and provided further that no city or town shall be required to adopt a plan
182	182	154without having received technical assistance and funding from the department;
183	183	155 (3) Goals and measurable benchmarks for the reduction, processing, toxicity and disposal
184	184	156of sludge in the commonwealth, as well as methods and solutions to achieve said goals and
185	185	157benchmarks, including, but not limited to:
186	186	158 (i) the creation and maintenance of specialized landfills for sludge disposal;
187	187	159 (ii) the transportation of sludge out of the commonwealth; 9 of 10
188	188	160 (iii) the implementation of methods for reducing the volume and toxicity of sludge,
189	189	161including by facilitating source reduction and remediation;
190	190	162 (iv) the development of new or improved technologies and methods for reducing the
191	191	163volume and toxicity of sludge; and
192	192	164 (v) the remediation of toxic chemicals and substances in wastewater and in sludge;
193	193	165 (4) Criteria that would trigger updates to the plan, including, but not limited to,
194	194	166advancements in the treatment of sludge, and procedures for determining if and how sludge
195	195	167could possibly be safely applied to land in the commonwealth; and
196	196	168 (5) Estimates of the expected financial resources, and any regulatory or statutory changes,
197	197	169needed to implement said plan.
198	198	170 The statewide master plan for sludge shall be posted online on the department’s website.
199	199	171All data, comments and reporting used by the department in drafting the plan shall be made
200	200	172easily available to the public on the department’s website.
201	201	173 Section 25A. The department of environmental protection shall establish a grant program
202	202	174to aid municipalities and publicly owned wastewater treatment plants in researching practices
203	203	175and technologies; implementing practices, technologies and programs; and overhauling systems
204	204	176and infrastructure to reduce the volume of sludge and reduce the toxicity of the wastewater
205	205	177entering the treatment plant.
206	206	178 SECTION 9. Notwithstanding any general or special law to the contrary, cities and towns
207	207	179which can demonstrate that they are incurring additional costs for sludge disposal under section
208	208	180171A of chapter 111 of the general laws, as inserted by this act, shall annually submit to the 10 of 10
209	209	181division of local services within the department of revenue, itemized financial statements
210	210	182demonstrating costs for sludge disposal for the current fiscal year as well as for the 3 years
211	211	183preceding the effective date of this act. The division shall certify costs submitted by
212	212	184municipalities within 90 days of having received a submission. Any additional costs incurred by
213	213	185a city or town for sludge disposal under section 171A of chapter 11 of the general laws, as
214	214	186inserted by this act, as certified by the division, shall be reimbursed at a rate of 100 per cent not
215	215	187more than 30 days after the costs have been certified, provided that the reimbursement shall be
216	216	188discounted equal to the estimated rate of inflation. For the purposes of this section, sludge shall
217	217	189be defined by section 18 of chapter 16 of the general laws.
218	218	190 SECTION 10. The comprehensive statewide master plan required by section 25 of
219	219	191chapter 16 of the General Laws, as inserted by this act, shall be completed not later than
220	220	192December 31, 2026 and shall be submitted to the joint committee on agriculture, the joint
221	221	193committee on the environment and natural resources, the house and senate committees on ways
222	222	194and means and the clerks of the house of representatives and the senate.