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2 | 2 | | HOUSE DOCKET, NO. 4087 FILED ON: 1/17/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2450 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Kate Hogan and Julian Cyr |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act to protect Massachusetts public health from PFAS. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Kate Hogan3rd Middlesex1/17/2025Natalie M. Blais1st Franklin3/6/2025Mindy Domb3rd Hampshire3/6/2025Paul McMurtry11th Norfolk3/6/2025Alyson M. Sullivan-Almeida7th Plymouth3/6/2025James B. EldridgeMiddlesex and Worcester3/6/2025David Paul Linsky5th Middlesex3/6/2025Jennifer Balinsky Armini8th Essex3/6/2025Carmine Lawrence Gentile13th Middlesex3/6/2025Carlos González10th Hampden3/6/2025Tram T. Nguyen18th Essex3/6/2025Natalie M. Higgins4th Worcester3/6/2025Bruce E. TarrFirst Essex and Middlesex3/6/2025Samantha Montaño15th Suffolk3/6/2025Manny Cruz7th Essex3/6/2025Steven Owens29th Middlesex3/6/2025James Arciero2nd Middlesex3/6/2025Michael D. BradySecond Plymouth and Norfolk3/6/2025 2 of 2 |
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16 | 16 | | Lindsay N. Sabadosa1st Hampshire3/6/2025Christopher Richard Flanagan1st Barnstable3/6/2025Richard M. Haggerty30th Middlesex3/11/2025James C. Arena-DeRosa8th Middlesex3/11/2025Adrianne Pusateri Ramos14th Essex3/11/2025Kevin G. Honan17th Suffolk3/11/2025Vanna Howard17th Middlesex3/11/2025Bradley H. Jones, Jr.20th Middlesex3/11/2025Danillo A. Sena37th Middlesex3/11/2025 1 of 30 |
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17 | 17 | | HOUSE DOCKET, NO. 4087 FILED ON: 1/17/2025 |
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18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 2450 |
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19 | 19 | | By Representative Hogan of Stow and Senator Cyr, a joint petition (accompanied by bill, House, |
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20 | 20 | | No. 2450) of Kate Hogan, Natalie M. Blais and others for legislation to protect public health |
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21 | 21 | | from PFAS. Public Health. |
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22 | 22 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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23 | 23 | | SEE HOUSE, NO. 4486 OF 2023-2024.] |
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24 | 24 | | The Commonwealth of Massachusetts |
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25 | 25 | | _______________ |
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26 | 26 | | In the One Hundred and Ninety-Fourth General Court |
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27 | 27 | | (2025-2026) |
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28 | 28 | | _______________ |
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29 | 29 | | An Act to protect Massachusetts public health from PFAS. |
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30 | 30 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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31 | 31 | | of the same, as follows: |
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32 | 32 | | 1 SECTION 1. Chapter 10 of the General Laws is hereby amended by inserting after |
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33 | 33 | | 2section 35SSS the following section:- |
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34 | 34 | | 3 Section 35TTT. (a) As used in this section, the following words, unless the context |
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35 | 35 | | 4clearly requires otherwise, shall have the following meanings:- |
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36 | 36 | | 5 “Ambient air”, that portion of the atmosphere, external to buildings, to which the general |
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37 | 37 | | 6public has access. |
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38 | 38 | | 7 “Board of health”, any body politic or political subdivision of the commonwealth that |
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39 | 39 | | 8acts as a board of health, public health commission or a health department for a municipality, |
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40 | 40 | | 9region or district, including, but not limited to, municipal boards of health, regional health 2 of 30 |
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41 | 41 | | 10districts established pursuant to G.L. c. 111, § 27B and boards of health that share services |
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42 | 42 | | 11pursuant to G.L. c. 40, § 4A or other legally constituted governmental unit within the |
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43 | 43 | | 12Commonwealth having the usual powers and duties of the board of health of a city or town. |
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44 | 44 | | 13 “Commissioner”, the commissioner of the department of environmental protection |
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45 | 45 | | 14 “Department”, the department of environmental protection |
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46 | 46 | | 15 “Fund”, the PFAS Remediation Trust Fund established in this section. |
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47 | 47 | | 16 “Per- and polyfluoroalkyl substances” or “PFAS”, as defined and regulated by the |
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48 | 48 | | 17department or identified, on the basis of a health assessment conducted pursuant to the |
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49 | 49 | | 18department’s drinking water regulations, as posing an unacceptable health risk to consumers. |
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50 | 50 | | 19 “Regional system”, any system established by mutual agreement of two or more |
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51 | 51 | | 20municipalities or a county in which all municipalities of said county have an agreement where |
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52 | 52 | | 21such system provides drinking water or wastewater services, or both, through shared facilities, |
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53 | 53 | | 22sources or distribution networks. |
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54 | 54 | | 23 (b) (1) There shall be a PFAS Remediation Trust Fund. Expenditures from the |
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55 | 55 | | 24fund shall be made by the department, without further appropriation and consistent with this |
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56 | 56 | | 25section, the terms of settlements, judgments, and awards made in connection with claims arising |
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57 | 57 | | 26from the manufacture, marketing or sale of PFAS and PFAS-containing products, and consistent |
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58 | 58 | | 27with the terms of other allocations and monies transferred to this fund, as applicable. The |
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59 | 59 | | 28commissioner shall administer the fund, shall prioritize expenditures to communities with |
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60 | 60 | | 29vulnerable environmental justice populations, and may make expenditures from the fund to 3 of 30 |
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61 | 61 | | 30develop and implement a multilingual outreach and education program pursuant to section 29 of |
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62 | 62 | | 31chapter 21A of the General Laws. |
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63 | 63 | | 32 (2) The fund shall be expended to mitigate the impacts of PFAS contamination in the |
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64 | 64 | | 33commonwealth, including PFAS contamination in drinking water, groundwater, soil, sediment, |
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65 | 65 | | 34surface water, wastewater, sludge or sludge products, landfills, and other media as appropriate. |
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66 | 66 | | 35Such mitigation may include, but is not limited to, projects to assist counties municipalities, |
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67 | 67 | | 36private well owners, and public water systems with the cost of PFAS treatment and remediation, |
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68 | 68 | | 37including but not limited to remediation projects, treatment, and mitigation. The commissioner |
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69 | 69 | | 38shall make necessary expenditures from this account for the shared administrative costs of the |
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70 | 70 | | 39operations and programs of the department related to the fund. The commissioner shall further |
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71 | 71 | | 40direct that monies from the fund shall be expended to provide services in an amount reasonably |
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72 | 72 | | 41related to such administrative costs. No expenditure shall be made from the fund that would |
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73 | 73 | | 42cause the fund to be in deficit at the close of a fiscal year. Amounts credited to the fund shall not |
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74 | 74 | | 43be subject to further appropriation and monies remaining in the fund at the end of the fiscal year |
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75 | 75 | | 44shall not revert to the General Fund but shall instead be available for expenditure during |
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76 | 76 | | 45subsequent fiscal years. Any fiscal year-end balance in the fund shall be excluded from the |
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77 | 77 | | 46calculation of the consolidated net surplus pursuant to section 5C of chapter 29 of the General |
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78 | 78 | | 47Laws. |
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79 | 79 | | 48 (3) There shall be credited to the fund: (i) amounts recovered by the commonwealth and |
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80 | 80 | | 49credited thereto in connection with claims arising from the manufacture and associated |
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81 | 81 | | 50processes, distribution, marketing, or sale of PFAS and other PFAS-containing products; (ii) |
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82 | 82 | | 51transfers from other funds authorized by the general court and so designated; (iii) funds from |
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83 | 83 | | 52public or private sources, including, but not limited to, gifts, grants, donations, rebates, 4 of 30 |
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84 | 84 | | 53settlements, judgments, awards, and other allocations received by the commonwealth designated |
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85 | 85 | | 54to the fund; and (iv) any interest earned on such amounts. |
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86 | 86 | | 55 (c) The commissioner may award and administer grants from the fund, without further |
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87 | 87 | | 56appropriation, consistent with the purposes of the fund described in this section. Further, subject |
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88 | 88 | | 57to this section, grants may be made, without limitation, to: (i) municipalities and counties for |
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89 | 89 | | 58municipal and county use, including, but not limited to, establishing connections to regional |
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90 | 90 | | 59systems and funds necessary to address the reasonable administrative costs of the municipality; |
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91 | 91 | | 60(ii) boards of health for use in assisting private well users; (iii) community water systems for use |
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92 | 92 | | 61on an existing system or to expand a system to assist additional water users; (iv) non-transient |
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93 | 93 | | 62non-community water systems; and (v) transient non-community water systems. |
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94 | 94 | | 63 (d) The department shall adopt regulations, rules, or policies for the use of monies in the |
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95 | 95 | | 64fund, and shall include conditions in grant documents to require that that applicants disclose any |
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96 | 96 | | 65funds recovered from liable third parties or other sources to cover any costs eligible to be |
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97 | 97 | | 66reimbursed by said grant programs and to deduct said recovered funds from the total costs in the |
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98 | 98 | | 67grant application. The department shall also require any person awarded a grant for cost |
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99 | 99 | | 68reimbursement to report the recovery of any such costs in the future and to reimburse the fund by |
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100 | 100 | | 69reimbursing such recovered costs to the department. The department shall further adopt |
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101 | 101 | | 70regulations, rules, or policies establishing criteria to ensure that an applicant shall not be eligible |
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102 | 102 | | 71for grants for any project or portion of a project to the extent the negligence of the applicant |
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103 | 103 | | 72caused the contamination that resulted in the exceedance of applicable state or federal standards |
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104 | 104 | | 73for PFAS in drinking water, groundwater, soil, and other environmental media. 5 of 30 |
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105 | 105 | | 74 (e) If the department provides a grant related to costs for a project for which a third party |
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106 | 106 | | 75might otherwise be liable, the right to recover payment from such third party, excluding public |
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107 | 107 | | 76sector fire departments for the use of Class B firefighting foam in emergency responses, shall be |
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108 | 108 | | 77subrogated to the department to the extent of such grant. Any money recovered by the |
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109 | 109 | | 78department from such third parties shall be deposited in the fund. Notwithstanding any other |
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110 | 110 | | 79general or special law to the contrary, the superior court shall have jurisdiction for subrogation |
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111 | 111 | | 80claims brought pursuant to this chapter, and civil actions brought by the attorney general for |
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112 | 112 | | 81subrogated claims to recover costs pursuant to this chapter shall be commenced within five years |
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113 | 113 | | 82from the date the commonwealth is assigned the rights to recover all such costs or five years |
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114 | 114 | | 83from the date the commonwealth discovers that the person against whom the action is being |
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115 | 115 | | 84brought is a person liable pursuant to law, whichever is later. |
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116 | 116 | | 85 (f)(1) The department may consult with the department of public health to provide |
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117 | 117 | | 86funding from the fund for boards of health to establish rebate and grant programs for the |
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118 | 118 | | 87reimbursement of private well users and owners for the costs of private well water sampling, |
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119 | 119 | | 88installation, and operation and maintenance of PFAS treatment systems. Eligible spending for |
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120 | 120 | | 89rebate shall include, but is not limited to, sampling of private well water for those PFAS that are |
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121 | 121 | | 90regulated for public water systems by the department’s drinking water regulations and |
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122 | 122 | | 91installation of permanent treatment systems to remove PFAS from drinking water |
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123 | 123 | | 92 (2) Boards of health may elect to receive funding from the fund pursuant to any program |
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124 | 124 | | 93established pursuant to paragraph (1), and may apply for and receive grants from the fund |
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125 | 125 | | 94necessary to cover reasonable administrative costs related to implementation of said paragraph |
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126 | 126 | | 95(1). Boards of health that elect to participate shall amend their codes to require private well water 6 of 30 |
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127 | 127 | | 96quality testing for PFAS for property sales and new construction consistent with model bylaws |
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128 | 128 | | 97and ordinances provided by the department through program guidance. |
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129 | 129 | | 98 (3) Annually, not later than August 31, boards of health that elect to participate pursuant |
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130 | 130 | | 99to paragraph (2) shall submit a report to the department including information demonstrating |
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131 | 131 | | 100compliance during the preceding fiscal year with said paragraph (2) and other such information |
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132 | 132 | | 101as required by the department. |
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133 | 133 | | 102 (g) Annually, not later than October 1, the department shall file a report on the activity, |
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134 | 134 | | 103revenue and expenditures to and from the fund in the prior fiscal year with the clerks of the |
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135 | 135 | | 104house of representatives and the senate and the house and senate committees on ways and means, |
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136 | 136 | | 105and shall make the report available on the department’s website. The report shall include, but not |
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137 | 137 | | 106be limited to: (i) revenue credited to the fund; (ii) the amount of expenditure attributable to the |
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138 | 138 | | 107administrative costs of the department; (iii) an itemized list of expenditures from the fund; (iv) |
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139 | 139 | | 108rebate and grant expenditures to private well users and owners and municipal administrative |
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140 | 140 | | 109expenses of boards of health opting into such rebate and grant programs; and (v) data and a |
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141 | 141 | | 110report of how resources have been directed to environmental justice populations. |
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142 | 142 | | 111 SECTION 2. Chapter 21 of the General Laws is hereby amended by inserting after |
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143 | 143 | | 112section 43A the following section:- |
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144 | 144 | | 113 Section 43B. (a) The department of environmental protection shall amend each |
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145 | 145 | | 114groundwater discharge permit upon renewal with requirements for monitoring and reporting of |
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146 | 146 | | 115per- and polyfluoroalkyl substances using United States Environmental Protection Agency |
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147 | 147 | | 116analytical methods as specified by the department. 7 of 30 |
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148 | 148 | | 117 (b) The department of environmental protection shall amend its surface water discharge |
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149 | 149 | | 118permits issued to industrial permittees and groundwater discharge permits issued to industrial |
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150 | 150 | | 119permittees upon renewal with requirements to implement best management practices for |
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151 | 151 | | 120discharges of PFAS, including, but not limited to: (i) product elimination or substitution when a |
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152 | 152 | | 121reasonable alternative to using PFAS is available in the industrial process; (ii) accidental |
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153 | 153 | | 122discharge minimization; and (iii) equipment decontamination or replacement where PFAS |
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154 | 154 | | 123products have historically been used. These industrial permittees shall include those that use or |
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155 | 155 | | 124previously used PFAS or PFAS products or those where best management practices are |
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156 | 156 | | 125warranted based on the department’s review of discharge monitoring unless the industrial |
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157 | 157 | | 126permittee can show that the PFAS in the discharge entered the facility the local water supply and |
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158 | 158 | | 127not the manufacturing process. |
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159 | 159 | | 128 (c) The department of environmental protection shall include effluent limitations and |
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160 | 160 | | 129treatment requirements for PFAS in groundwater discharge permits upon renewal. |
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161 | 161 | | 130 SECTION 3. The department of environmental protection shall promulgate regulations to |
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162 | 162 | | 131implement a schedule for phasing out the use, sale, or distribution, or offer for use, sale, or |
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163 | 163 | | 132distribution of sludge without the department’s site-specific approval in the commonwealth, and |
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164 | 164 | | 133shall not include the disposal or placement of sludge at a solid waste landfill, hazardous waste |
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165 | 165 | | 134landfill or sludge landfill. For the purposes of this section, “sludge” shall mean the solid, semi |
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166 | 166 | | 135solid, and liquid residue that results from a process of wastewater treatment or drinking water |
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167 | 167 | | 136treatment, and does not include grit, screening, or grease and oil removed at the headworks of a |
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168 | 168 | | 137wastewater or drinking water facility. 8 of 30 |
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169 | 169 | | 138 SECTION 4. Not later than December 31, 2030, the department of environmental |
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170 | 170 | | 139protection shall submit a report to the Chairs of the Joint Committee on Public Health and the |
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171 | 171 | | 140Joint Committee on Environment and Natural Resources regarding its progress in establishing |
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172 | 172 | | 141standards to monitor PFAS in ambient air. This report shall include, but not be limited to: (i) the |
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173 | 173 | | 142department’s capacity to establish these standards; (ii) the steps the department has taken or |
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174 | 174 | | 143plans to take to establish these standards; and; (iii) a projected timeline detailing when the |
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175 | 175 | | 144department expects to finish establishing standards to monitor PFAS in ambient air. |
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176 | 176 | | 145 SECTION 5. Chapter 21A of the General Laws is hereby amended by inserting after |
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177 | 177 | | 146section 28 the following section:- |
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178 | 178 | | 147 Section 29. (a) The department, in consultation with the department of public health, shall |
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179 | 179 | | 148develop and implement a multilingual public awareness campaign to promote the education of |
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180 | 180 | | 149Massachusetts residents, including environmental justice populations, of per- and |
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181 | 181 | | 150polyfluoroalkyl substances contamination across the commonwealth and potential health impacts |
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182 | 182 | | 151of PFAS exposure. The campaign shall include the development and distribution of educational |
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183 | 183 | | 152materials, drafted in plain language to the extent possible, the content of which shall include, but |
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184 | 184 | | 153not be limited to: (i) the potential health impacts of PFAS exposure; (ii) the routes of PFAS |
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185 | 185 | | 154exposure, including but not limited to, drinking water, groundwater, surface water, wastewater, |
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186 | 186 | | 155land application of biosolids, landfills, air, and fish tissue; (iii) consumer products that are known |
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187 | 187 | | 156to contain PFAS; (iv) PFAS in Class B firefighting foam; (v) a list of facilities that are known |
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188 | 188 | | 157and potential sources of PFAS and are required to prepare a toxics use reduction plan for PFAS |
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189 | 189 | | 158within 10 miles of the environmental justice populations; (vi) assistance programs for PFAS |
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190 | 190 | | 159remediation; (vii) citizen involvement pursuant to G.L. c. 21I, § 18; and (viii) assistance |
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191 | 191 | | 160programs for PFAS remediation. 9 of 30 |
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192 | 192 | | 161 (b) The educational materials shall be translated into the native languages spoken by the |
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193 | 193 | | 162impacted environmental justice populations based on the federal census definition of English |
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194 | 194 | | 163isolation. Such educational materials shall be made available to, but not be limited to: (i) |
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195 | 195 | | 164community centers; (ii) health care centers; (iii) schools, (iv) places of worship; (v) the |
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196 | 196 | | 165department of education; (vi) and the department of early education and care. |
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197 | 197 | | 166 (c) The department may contract or associate with public and private agencies and |
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198 | 198 | | 167organizations for the preparation of said educational materials on PFAS exposure, other pertinent |
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199 | 199 | | 168resource information on the matter of PFAS contamination and conducting educational |
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200 | 200 | | 169programs. The department may use funds from the Fund, as established in section 35TTT of |
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201 | 201 | | 170chapter 10 of the general laws, for such contracts. |
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202 | 202 | | 171 SECTION 6. Chapter 111 of the General Laws is hereby amended by inserting after |
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203 | 203 | | 172section 5S the following sections:- |
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204 | 204 | | 173 Section 5T. (a) As used in this section, the following words shall, unless the context |
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205 | 205 | | 174clearly requires otherwise, have the following meanings:- |
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206 | 206 | | 175 “Agricultural products”, any vegetable, fruit, dairy, meat, fish, and poultry, and |
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207 | 207 | | 176agricultural inputs, such as, but not limited to, feed, water, fertilizer, pesticides, produced and |
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208 | 208 | | 177sold commercially in Massachusetts. |
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209 | 209 | | 178 “Department”, the department of public health |
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210 | 210 | | 179 “Food package", a package or packaging component that is intended for the marketing, |
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211 | 211 | | 180protection or handling of a product intended for direct food contact or used to store food and |
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212 | 212 | | 181foodstuffs for sale. 10 of 30 |
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213 | 213 | | 182 “Fully Fluorinated Carbon Atom", a carbon atom on which all the hydrogen substituents |
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214 | 214 | | 183have been replaced by fluorine. |
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215 | 215 | | 184 “Intentionally added”, PFAS that is added to a product, or enters the product from the |
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216 | 216 | | 185manufacturing or processing of that product; the addition of which is known or reasonably |
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217 | 217 | | 186ascertainable by the manufacturer. “Intentionally added” PFAS also includes any degradation by- |
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218 | 218 | | 187products of PFAS or the use of PFAS or PFAS precursors as a processing agent, mold release |
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219 | 219 | | 188agent, or the creation of PFAS via chemical reactions. |
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220 | 220 | | 189 “Ingredient”, has the same meaning as that term is defined in subdivision (e) of Section |
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221 | 221 | | 190700.3 of Part 700 of Chapter 1 of Title 21 of the Code of Federal Regulations and does not |
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222 | 222 | | 191include any incidental ingredient as defined in subdivision (l) of Section 701.3 of Part 701 of |
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223 | 223 | | 192Chapter 1 of Title 21 of the Code of Federal Regulations. |
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224 | 224 | | 193 "Known or reasonably ascertainable”, all information in a person's possession or control, |
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225 | 225 | | 194plus all information that a reasonable person similarly situated might be expected to possess, |
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226 | 226 | | 195control, or know. |
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227 | 227 | | 196 "Manufacturer", a person, firm, association, partnership, government entity, organization, |
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228 | 228 | | 197joint venture or corporation that applies a package to a product for distribution or sale, or any |
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229 | 229 | | 198person whose name appears on the label of a cosmetics product pursuant to the requirements of |
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230 | 230 | | 199Section 701.12 of Title 21 of the Code of Federal Regulations. |
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231 | 231 | | 200 "Package", a container providing a means of marketing, protecting or handling a product |
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232 | 232 | | 201which shall include a unit package, an intermediate package, a package used for shipping or |
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233 | 233 | | 202transport and unsealed receptacles such as carrying cases, crates, cups, pails, rigid foil and other |
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234 | 234 | | 203trays, wrappers and wrapping films, bags and tubs. 11 of 30 |
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235 | 235 | | 204 "Packaging component", an individual assembled part of a package including, but not |
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236 | 236 | | 205limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior |
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237 | 237 | | 206strapping, coatings, closures, inks and labels. |
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238 | 238 | | 207 "Per- and polyfluoroalkyl substances" or “PFAS”, a class of fluorinated organic |
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239 | 239 | | 208chemicals containing at least one fully fluorinated carbon atom. |
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240 | 240 | | 209 (b) No manufacturer shall sell, offer for sale, distribute for sale, or distribute for use in |
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241 | 241 | | 210the commonwealth food packaging to which PFAS have been intentionally added in any amount. |
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242 | 242 | | 211 (c) The department, in consultation with department of environmental protection and the |
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243 | 243 | | 212department of agricultural resources, shall procure or otherwise employ an external research |
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244 | 244 | | 213organization, which has the capacity to study per- and polyfluoroalkyl substances and the effect |
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245 | 245 | | 214PFAS has on agricultural products produced and sold in the commonwealth; provided, that the |
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246 | 246 | | 215research organization shall have: (1) extensive experience with a wide variety of agricultural |
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247 | 247 | | 216products and environmental matrices, including, but not limited to, plants and animals; (2) a |
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248 | 248 | | 217current QAPP (“Quality Assurance Project Plan”) through the United States Environmental |
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249 | 249 | | 218Protection Agency; (3) current sampling and chain of custody protocols; (4) experience handling |
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250 | 250 | | 219complex agricultural matrices; and (5) access to state-of-the art mass spectrometers. The study |
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251 | 251 | | 220shall include findings on the levels of PFAS found in: (1) in agricultural products sold in |
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252 | 252 | | 221Massachusetts stores; (2) locally sourced agricultural products; and (3) agricultural inputs |
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253 | 253 | | 222including, but not limited to, feed, water, fertilizer, and pesticides. The department shall make |
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254 | 254 | | 223said report publicly available with the department’s findings on the department’s website. The |
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255 | 255 | | 224commissioner shall file a progress report in writing of the findings, including food and |
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256 | 256 | | 225agricultural sources of contamination, within 365 days of the passage of this act; provided, that 12 of 30 |
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257 | 257 | | 226the report shall be filed with the house and senate committees on ways and means, the joint |
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258 | 258 | | 227committee on environment and natural resources, the joint committee on public health, and the |
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259 | 259 | | 228joint committee on agriculture on or before August 31, 2027. |
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260 | 260 | | 229 Section 5U. (a) As used in this section, the following words shall, unless the context |
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261 | 261 | | 230clearly requires otherwise, have the following meanings:- |
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262 | 262 | | 231 “Child passenger restraint”, a child passenger restraint under G.L. c. 90, § 7AA. |
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263 | 263 | | 232 “Children’s product”, consumer products intended, made or marketed for use by |
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264 | 264 | | 233children12 years of age or under , including: (i) toys; (ii) children’s clothing; (iii) children's |
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265 | 265 | | 234cosmetics and personal care products; (iv) children's jewelry and novelty products; (v) children’s |
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266 | 266 | | 235school supplies; (vi) children’s arts and crafts supplies, including model making supplies (vii) |
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267 | 267 | | 236children’s bedding, furniture, and furnishings; (viii) child car seats; (ix) products to help a child |
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268 | 268 | | 237with sucking or teething, or to facilitate sleep, relaxation, or the feeding of a child; (x) artificial |
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269 | 269 | | 238turf fields installed on school properties, publicly owned properties, or intended for use by |
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270 | 270 | | 239children under the age of 18; (xi) products that meet any of the following conditions: represented |
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271 | 271 | | 240in its packaging, display, or advertising as appropriate for use by children, sold in conjunction |
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272 | 272 | | 241with, attached to, or packaged together with other products that are packaged, displayed, or |
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273 | 273 | | 242advertised as appropriate for use by children sold in a retail store, catalogue, or online website, in |
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274 | 274 | | 243which a person exclusively offers for sale products that are packaged, displayed, or advertised as |
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275 | 275 | | 244of 13 appropriate for use by children, or sold in a discrete portion of a retail store, catalogue, or |
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276 | 276 | | 245online website, in which a person offers for sale products that are packaged, displayed, or |
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277 | 277 | | 246advertised as appropriate for use by children; provided, however, that “children’s product” shall |
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278 | 278 | | 247not include: (i) batteries; (ii) slings and catapults; (iii) sets of darts with metallic points; (iv) toy 13 of 30 |
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279 | 279 | | 248steam engines; (v) bicycles and tricycles; (vi) video toys that can be connected to video screen |
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280 | 280 | | 249and are operated at a nominal voltage exceeding twenty-four volts; (vii) chemistry sets; (viii) |
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281 | 281 | | 250consumer and children's electronic products, including but not limited to personal computers, |
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282 | 282 | | 251audio and video equipment, calculators, wireless phones, game consoles, and handheld devices |
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283 | 283 | | 252incorporating a video screen, used to access interactive software and their associated peripherals; |
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284 | 284 | | 253(ix) interactive software, intended for leisure and entertainment, including computer games and |
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285 | 285 | | 254their storage media, including compact disks; (x) BB guns, pellet guns and air rifles; (xi) snow |
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286 | 286 | | 255sporting equipment, including skis, poles, boots, snow boards, sleds and bindings; (xii) roller |
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287 | 287 | | 256skates; (xiii) scooters; (xiv) model rockets; (xv) athletic shoes with cleats or spikes; (xvi) |
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288 | 288 | | 257pocketknives and multitools; (xvii) food and beverages and food and beverage packaging |
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289 | 289 | | 258regulated by the United States Food and Drug Administration or the United States Department of |
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290 | 290 | | 259Agriculture; (xviii) pharmaceutical products and biologics; and (xix) medical devices, as defined |
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291 | 291 | | 260in the federal Food, Drug, and Cosmetic Act, U,S,C, 21 section 321(h) |
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292 | 292 | | 261 “Consumer product,” any article that, to any significant extent, is distributed in |
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293 | 293 | | 262commerce for personal use or consumption by individuals. |
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294 | 294 | | 263 “Cookware”, durable houseware items that are used in homes and restaurants to prepare, |
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295 | 295 | | 264dispense, or store food, foodstuffs or beverages, including, but not limited to, pots, pans, skillets, |
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296 | 296 | | 265grills, baking sheets, baking molds, trays, bowls and cooking utensils. |
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297 | 297 | | 266 “Cosmetic”, means: (a) articles intended to be rubbed, poured, sprinkled or sprayed on, |
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298 | 298 | | 267introduced into or otherwise applied to the human body or any part thereof for cleansing, |
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299 | 299 | | 268beautifying, promoting attractiveness or altering the appearance, including wigs, hairpieces and 14 of 30 |
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300 | 300 | | 269postiches; (b) articles intended for use as a component of any such articles; and (c) shall not |
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301 | 301 | | 270include soap. |
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302 | 302 | | 271 “Current unavoidable uses”, a use of PFAS that the department has determined under this |
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303 | 303 | | 272section to be: (i) essential for health, safety or the functioning of society; (ii) necessary for the |
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304 | 304 | | 273proper operation and functionality of a product; and; (iii) for which safer chemical alternatives |
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305 | 305 | | 274are not reasonably available. |
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306 | 306 | | 275 “Department”, the department of public health. |
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307 | 307 | | 276 “Distributor”, any person, firm or corporation who takes title to goods, produced either |
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308 | 308 | | 277domestically or in a foreign country, purchased for resale or promotional purposes. |
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309 | 309 | | 278 “Fabric treatment”, a substance applied to fabric, carpets, rugs, shoes or textiles to impart |
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310 | 310 | | 279characteristics, including, but not limited to, stain resistance or water resistance. |
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311 | 311 | | 280 “Fully fluorinated carbon atom”, a carbon atom on which all the hydrogen substituents |
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312 | 312 | | 281have been replaced by fluorine. |
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313 | 313 | | 282 “Intentionally added”, PFAS that is added to a product, or enters the product from the |
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314 | 314 | | 283manufacturing or processing of that product; the addition of which is known or reasonably |
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315 | 315 | | 284ascertainable by the manufacturer. “Intentionally added” PFAS also includes any degradation by- |
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316 | 316 | | 285products of PFAS or the use of PFAS or PFAS precursors as a processing agent, mold release |
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317 | 317 | | 286agent, or the creation of PFAS via chemical reactions. |
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318 | 318 | | 287 "Known or reasonably ascertainable”, all information in a person's possession or control, |
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319 | 319 | | 288plus all information that a reasonable person similarly situated might be expected to possess, |
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320 | 320 | | 289control, or know. 15 of 30 |
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321 | 321 | | 290 “Manufacturer”, any person, firm or corporation that manufactures a product whose |
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322 | 322 | | 291brand name is affixed to the product. In the case of a product imported into the United States, |
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323 | 323 | | 292“manufacturer” includes the importer or first domestic distributor of the product if the person |
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324 | 324 | | 293that manufactured or assembled or whose brand name is affixed to the product does not have a |
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325 | 325 | | 294presence in the United States. |
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326 | 326 | | 295 “Per- and polyfluoroalkyl substances” or “PFAS”, a class of fluorinated organic |
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327 | 327 | | 296chemicals containing at least one fully fluorinated carbon atom. |
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328 | 328 | | 297 “Personal care products”, articles intended to be rubbed, poured, sprinkled, or sprayed on, |
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329 | 329 | | 298introduced into or otherwise applied to the human body for cleansing, beautifying, promoting |
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330 | 330 | | 299attractiveness or altering the appearance. Personal care products shall include products such as |
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331 | 331 | | 300skin moisturizers, perfumes, lipsticks, fingernail polishes, eye and facial makeup preparations, |
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332 | 332 | | 301shampoos, permanent waves, hair colors, toothpastes, sunscreen, hair spray, shaving cream and |
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333 | 333 | | 302deodorants, as well as any material intended for use as a component of a cosmetic product. |
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334 | 334 | | 303Personal care products shall also include , but not be limited to, menstrual products such as |
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335 | 335 | | 304sanitary napkins, menstrual underwear, tampons and underwear liners. Personal care products |
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336 | 336 | | 305does not include a product that requires a prescription for distribution or dispensation. “Personal |
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337 | 337 | | 306Care Products” does not include hydrofluorocarbon or hydrofluoroolefins used as propellants in |
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338 | 338 | | 307personal care products. |
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339 | 339 | | 308 “Priority product,” any child passenger restraint, children’s product, cookware, fabric |
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340 | 340 | | 309treatment, personal care products, rugs and carpets, textile, textile furnishings, or upholstered |
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341 | 341 | | 310furniture. 16 of 30 |
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342 | 342 | | 311 “Product component”, a component of a consumer product, including the product’s |
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343 | 343 | | 312ingredients or a part of the product, regardless of whether the manufacturer of the consumer |
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344 | 344 | | 313product is the manufacturer of the component. |
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345 | 345 | | 314 “Product label”, a display of written, printed or graphic material that appears on, or is |
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346 | 346 | | 315affixed to, the exterior of a product, or its exterior container or wrapper that is visible to a |
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347 | 347 | | 316consumer, if the product has an exterior container or wrapper. |
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348 | 348 | | 317 “Retailer”, any person, firm or corporation to whom a consumer product is delivered or |
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349 | 349 | | 318sold, if such delivery or sale is for purposes of sale or distribution in commerce to purchasers |
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350 | 350 | | 319who buy such product for purposes other than resale. |
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351 | 351 | | 320 “Rugs and carpets”, fabric used to or marketed to cover floors. |
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352 | 352 | | 321 “Textile”, any item made in whole or part from a natural or synthetic fiber, yarn, or |
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353 | 353 | | 322fabric. Textile includes but is not limited to leather, cotton, silk, jute, hemp, wool, viscose, nylon, |
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354 | 354 | | 323and polyester. |
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355 | 355 | | 324 “Textile furnishings”, textile goods of a type customarily used in households and |
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356 | 356 | | 325businesses, including but not limited to draperies, floor coverings, furnishings, bedding, towels, |
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357 | 357 | | 326and tablecloths. |
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358 | 358 | | 327 “Upholstered furniture'', as defined in G.L. c. 94, § 270. |
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359 | 359 | | 328 “Wholesaler,” any person, firm or corporation to whom a consumer product is delivered |
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360 | 360 | | 329or sold, if such delivery or sale is for purposes of sale or distribution in commerce to purchasers |
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361 | 361 | | 330who buy such product for purposes of resale. 17 of 30 |
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362 | 362 | | 331 (b) (1) No manufacturer, distributor, wholesaler or retailer shall offer for sale, sell or |
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363 | 363 | | 332distribute in the commonwealth any priority products to which PFAS have been intentionally |
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364 | 364 | | 333added on or after January 1, 2029. |
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365 | 365 | | 334 (2) The prohibitions of this subsection shall not apply to the sale or resale of used |
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366 | 366 | | 335products; |
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367 | 367 | | 336 (c) (1) No manufacturer, distributor, wholesaler or retailer shall offer for sale, sell |
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368 | 368 | | 337or distribute in the commonwealth any consumer product that the department has identified for |
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369 | 369 | | 338restriction, including but not limited to priority products, to which PFAS have been intentionally |
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370 | 370 | | 339added, unless the department, in consultation with the department of environmental protection |
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371 | 371 | | 340and the Toxics Use Reduction Institute, has determined that the use of PFAS in the consumer |
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372 | 372 | | 341product is a currently unavoidable use and grants a temporary exemption at intervals of no more |
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373 | 373 | | 342than 6 years. |
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374 | 374 | | 343 (2) The department may assess a fee to cover the department’s reasonable costs and to |
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375 | 375 | | 344support the purposes outlined in this section payable by a manufacturer, distributor, wholesaler |
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376 | 376 | | 345or retailer upon submission of an unavoidable use exemption request under section (c) paragraph |
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377 | 377 | | 346(5). Fees collected under this paragraph shall be deposited into the PFAS Public Health Trust |
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378 | 378 | | 347Fund established under section (j) to be administered by the department for the purposes outlined |
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379 | 379 | | 348in this section. |
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380 | 380 | | 349 (3) In the event that the department makes such a determination and grants an |
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381 | 381 | | 350unavoidable use exemption, the department may require the manufacturer, distributor, |
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382 | 382 | | 351wholesaler or retailer to label the product or products in a form and manner determined by the |
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383 | 383 | | 352department. 18 of 30 |
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384 | 384 | | 353 (4) The prohibitions of this subsection shall not apply to the sale or resale of used |
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385 | 385 | | 354consumer products or a product used in a manner that has been approved or authorized by a |
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386 | 386 | | 355federal or state agency, including: (1) Drugs, medical devices, biologics or diagnostics approved |
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387 | 387 | | 356or authorized by the Federal Food and Drug Administration or the United States Department of |
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388 | 388 | | 357Agriculture or otherwise subject to regulation under the Federal Food, Drug, and Cosmetic Act, |
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389 | 389 | | 358as amended, 21 U.S.C. § 301 et seq; (2) Packaging for drugs, medical devices, biologics, |
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390 | 390 | | 359diagnostics or [non-pulp based packaging for] food approved or authorized by the Federal Food |
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391 | 391 | | 360and Drug Administration or the United States Department of Agriculture or is otherwise in scope |
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392 | 392 | | 361of the Federal Food, Drug, and Cosmetic Act, as amended, 21 U.S.C. § 301 et seq (3) Products |
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393 | 393 | | 362registered or authorized for use under the Federal Insecticide, Fungicide, and Rodenticide Act, as |
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394 | 394 | | 363amended, 7 U.S.C. § 136 et seq. (4) Substances designated by rulemaking or otherwise as |
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395 | 395 | | 364acceptable substitutes in specific uses under U.S. EPA’s Significant New Alternatives Policy |
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396 | 396 | | 365(SNAP) program, or substitutes needed to execute the American Innovation and Manufacturing |
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397 | 397 | | 366(AIM) Act; and (5) Finished products certified or regulated by the Federal Aviation |
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398 | 398 | | 367Administration or the Department of Defense, or both, when used in a manner that was certified |
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399 | 399 | | 368or regulated by such agencies, including parts, materials, and processes when used to |
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400 | 400 | | 369manufacture or maintain such regulated or certified finished products. |
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401 | 401 | | 370 (5) Consumer products or product categories in which the use of PFAS is a currently |
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402 | 402 | | 371unavoidable use, as determined by the department, may be exempted for a fee to cover the |
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403 | 403 | | 372department’s reasonable costs and to support the purposes outlined in this section, pursuant to a |
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404 | 404 | | 373process established years. Fees collected under this paragraph shall be deposited into the PFAS |
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405 | 405 | | 374Public Health Trust Fund established under section (j) to be administered by the department for |
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406 | 406 | | 375the purposes outlined in this section. 19 of 30 |
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407 | 407 | | 376 (6) Annually, not later than December 31, the department shall file a report on the |
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408 | 408 | | 377manufacturers, distributors, wholesalers or retailers submitting unavoidable use exemption |
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409 | 409 | | 378requests with the clerks of the house of representatives and the senate, the joint committee on |
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410 | 410 | | 379public health, and shall make the report available on the department’s website. The report shall |
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411 | 411 | | 380include, but not be limited to: (i) the full name of the manufacturer, distributor, wholesaler or |
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412 | 412 | | 381retailer applying for an unavoidable use exemption; (ii) if the department granted the |
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413 | 413 | | 382manufacturer, distributor, wholesaler or retailer an exemption or not; (iii) the department's |
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414 | 414 | | 383reasoning for granting the exemption; and (iv) the length of the exemption. |
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415 | 415 | | 384 (d)(1) The department shall, in consultation with the department of environmental |
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416 | 416 | | 385protection and the Toxics Use Reduction Institute, prepare a study of significant PFAS uses in |
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417 | 417 | | 386consumer products not subject to this section using publicly available information, within 4 years |
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418 | 418 | | 387of the passage of this law, and shall update the study within 7 years of the passage of this law. |
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419 | 419 | | 388The study shall consider whether: (i) safer alternatives to PFAS are reasonably available; (ii) the |
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420 | 420 | | 389function provided by PFAS in the product is necessary for the product to perform its primary |
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421 | 421 | | 390function as determined by the department; and (iii) the use of PFAS in the product is essential for |
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422 | 422 | | 391health or safety. The report shall recommend additional products and product categories to be |
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423 | 423 | | 392considered for restriction under this section. |
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424 | 424 | | 393 (d)(2) The department may adopt regulations to implement this section. The department |
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425 | 425 | | 394may adopt regulations to establish additional consumer products and product components to be |
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426 | 426 | | 395considered priority products covered by this section. In identifying additional product categories |
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427 | 427 | | 396for analysis, the department shall consult with Toxics Use Reduction Institute and the department |
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428 | 428 | | 397of environmental protection. 20 of 30 |
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429 | 429 | | 398 (e) The attorney general shall have the authority to enforce the provisions of this section |
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430 | 430 | | 399pursuant to G.L. c. 93A, § 4. |
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431 | 431 | | 400 (f) (1) Notwithstanding any general or special law to the contrary, the department of |
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432 | 432 | | 401public health shall establish, on or before June 1, 2028, a publicly accessible reporting platform |
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433 | 433 | | 402to collect information about per- and polyfluoroalkyl substances, or “PFAS”, and consumer |
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434 | 434 | | 403products or product components containing PFAS being sold, offered for sale, distributed or |
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435 | 435 | | 404offered for promotional purposes in, or imported into, the state. The department may consult |
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436 | 436 | | 405with Interstate Chemicals Clearinghouse and may collaborate with other states with prohibitions |
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437 | 437 | | 406on PFAS to establish such a platform. |
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438 | 438 | | 407 (2) On or before June 1, 2028, and on or before June 1 of each year thereafter, a |
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439 | 439 | | 408manufacturer of PFAS or a consumer product or product component containing intentionally |
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440 | 440 | | 409added PFAS that is sold, offered for sale, distributed or offered for promotional purposes in, or |
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441 | 441 | | 410imported into, the state shall register the PFAS or the consumer product or product component |
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442 | 442 | | 411containing intentionally added PFAS on the publicly accessible reporting platform created |
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443 | 443 | | 412pursuant to paragraph (1), along with all of the following information, as applicable: (i) the name |
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444 | 444 | | 413and type of consumer product or product component containing intentionally added PFAS; (ii) |
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445 | 445 | | 414the universal product code, or “UPC,” of the consumer product or product component containing |
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446 | 446 | | 415intentionally added PFAS; (iii) the name and address of the manufacturer, and the name, address |
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447 | 447 | | 416and phone number of the contact person for the manufacturer; and (iv) any additional |
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448 | 448 | | 417information established by the department as necessary to implement the requirements of this |
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449 | 449 | | 418section. 21 of 30 |
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450 | 450 | | 419 (3) A manufacturer may supply the information required in paragraph (2) for a category |
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451 | 451 | | 420or type of consumer product rather than for each individual product. |
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452 | 452 | | 421 (4) In a manner determined by the department, a manufacturer shall update and revise the |
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453 | 453 | | 422information required under paragraph (2) whenever there is a significant change in the |
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454 | 454 | | 423information or when requested to do so by the department. |
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455 | 455 | | 424 (5) The department may establish by regulation and assess a fee payable by a |
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456 | 456 | | 425manufacturer upon submission of the notification required under paragraph (2) to cover the |
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457 | 457 | | 426department’s reasonable costs in developing and administering this section and to support the |
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458 | 458 | | 427purposes outlined in this section collected under this paragraph shall be deposited into the PFAS |
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459 | 459 | | 428Public Health Trust Fund established under section (j) to be administered by the department for |
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460 | 460 | | 429the purposes outlined in this section. |
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461 | 461 | | 430 (6) Any information submitted to, or developed by, the department in furtherance of this |
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462 | 462 | | 431section, except for the specific information required to be disclosed in subsection (f)(2) of this |
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463 | 463 | | 432section shall not be a public record and shall be exempt from disclosure under clause twenty- |
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464 | 464 | | 433sixth of section 7 of chapter 4 and section 10 of chapter 66 of the General Laws. |
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465 | 465 | | 434 (g) (1) A manufacturer of consumer products registered under paragraph (2) of subsection |
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466 | 466 | | 435(f) shall send an electronic notification to distributors and wholesalers of the consumer product |
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467 | 467 | | 436that the consumer product contains PFAS. |
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468 | 468 | | 437 (2) A distributor or wholesaler who receives a notification pursuant to paragraph (1) shall |
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469 | 469 | | 438send an electronic notification to retailers of the consumer product that the consumer product |
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470 | 470 | | 439contains PFAS. 22 of 30 |
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471 | 471 | | 440 (3) The department shall adopt regulations to implement this subsection. |
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472 | 472 | | 441 (4) The attorney general shall have the authority to enforce the provisions of this |
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473 | 473 | | 442subsection under G.L. c. 93A, § 4. |
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474 | 474 | | 443 (h) (1) A manufacturer of any priority products that are sold, offered for sale, |
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475 | 475 | | 444distributed or offered for promotional purposes in, or imported into, the state shall establish an |
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476 | 476 | | 445audit program to test for the presence of unintentionally added PFAS using analytical methods |
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477 | 477 | | 446approved by the department in consultation with the department of environmental protection and |
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478 | 478 | | 447the Toxics Use Reduction Institute. |
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479 | 479 | | 448 (2) The department shall establish by regulation and assess a fee payable by a |
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480 | 480 | | 449manufacturer under paragraph (1) to cover the department’s reasonable costs in testing a |
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481 | 481 | | 450consumer product for the presence of unintentionally added PFAS at the request of a |
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482 | 482 | | 451manufacturer. Fees collected under this paragraph shall be deposited into the PFAS Public |
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483 | 483 | | 452Health Trust Fund established under section (j) to be administered by the department for the |
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484 | 484 | | 453purposes outlined in this section. |
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485 | 485 | | 454 (i) (1) There shall be a PFAS Public Health Trust Fund. Expenditures from the fund shall |
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486 | 486 | | 455be made by the department, without further appropriation and consistent with this section, and |
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487 | 487 | | 456consistent with the terms of other allocations and monies transferred to this fund, as applicable. |
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488 | 488 | | 457The commissioner shall administer the fund for purposes outlined in this section, and may make |
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489 | 489 | | 458expenditures from the fund to develop and implement a multilingual outreach and education |
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490 | 490 | | 459campaign pursuant to section 29 of chapter 21A of the General Laws. |
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491 | 491 | | 460 (2) The fund shall be expended to support the education of Massachusetts residents of |
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492 | 492 | | 461PFAS contamination across the commonwealth and the potential health impacts of PFAS 23 of 30 |
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493 | 493 | | 462exposure, to mitigate the impacts of PFAS in consumer products in the commonwealth, and to |
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494 | 494 | | 463support the development of PFAS-free alternatives by the Toxic Use Reduction Institute. The |
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495 | 495 | | 464commissioner shall make necessary expenditures from this account for the shared administrative |
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496 | 496 | | 465costs of the operations and programs of the department related to the fund, including but not |
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497 | 497 | | 466limited to the unavoidable use exemption process under section (c) paragraph (5) and the testing |
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498 | 498 | | 467a consumer product for the presence of unintentionally added PFAS. The commissioner shall |
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499 | 499 | | 468further direct that monies from the fund shall be expended to provide services in an amount |
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500 | 500 | | 469reasonably related to such administrative costs. No expenditure shall be made from the fund that |
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501 | 501 | | 470would cause the fund to be in deficit at the close of a fiscal year. Amounts credited to the fund |
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502 | 502 | | 471shall not be subject to further appropriation and monies remaining in the fund at the end of the |
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503 | 503 | | 472fiscal year shall not revert to the General Fund, but shall instead be available for expenditure |
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504 | 504 | | 473during subsequent fiscal years. Any fiscal year-end balance in the fund shall be excluded from |
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505 | 505 | | 474the calculation of the consolidated net surplus pursuant to section 5C of chapter 29 of the |
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506 | 506 | | 475General Laws. |
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507 | 507 | | 476 (3) There shall be credited to the fund: (i) fees payable by a manufacturer, distributor, |
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508 | 508 | | 477wholesaler or retailer upon submission of an unavoidable use exemption request under section |
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509 | 509 | | 478(c) paragraph (5); (ii) transfers from other funds authorized by the general court and so |
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510 | 510 | | 479designated; (iii) funds from public or private sources, including, but not limited to, gifts, grants, |
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511 | 511 | | 480donations, rebates, settlements, judgments, awards, and other allocations received by the |
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512 | 512 | | 481commonwealth designated to the fund; and (iv) any interest earned on such amounts. |
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513 | 513 | | 482 SECTION 7. Chapter 111 of the General Laws is hereby amended by inserting after |
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514 | 514 | | 483section 244 the following sections:- 24 of 30 |
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515 | 515 | | 484 Section 245. (a) The following terms shall, unless the context clearly requires |
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516 | 516 | | 485otherwise, have the following meanings:- |
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517 | 517 | | 486 “Firefighting personal protective equipment” means any clothing designed, intended or |
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518 | 518 | | 487marketed to be worn by firefighting personnel in the performance of their duties, designed with |
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519 | 519 | | 488the intent for the use in fire and rescue activities, including but not limited to: jackets, pants, |
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520 | 520 | | 489shoes/boots, gloves, helmets and respiratory equipment. |
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521 | 521 | | 490 “Intentionally added”, PFAS that is added to a product, or enters the product from the |
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522 | 522 | | 491manufacturing or processing of that product; the addition of which is known or reasonably |
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523 | 523 | | 492ascertainable by the manufacturer. “Intentionally added” PFAS also includes any degradation by- |
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524 | 524 | | 493products of PFAS or the use of PFAS or PFAS precursors as a processing agent, mold release |
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525 | 525 | | 494agent, or the creation of PFAS via chemical reactions. |
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526 | 526 | | 495 "Known or reasonably ascertainable”, all information in a person's possession or control, |
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527 | 527 | | 496plus all information that a reasonable person similarly situated might be expected to possess, |
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528 | 528 | | 497control, or know. |
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529 | 529 | | 498 “Local governments” includes any county, city, town, fire district, regional fire protection |
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530 | 530 | | 499authority, or special purpose district that provides firefighting services. |
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531 | 531 | | 500 “Manufacturer”, any person, firm or corporation that manufactures or distributes |
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532 | 532 | | 501firefighting agents or firefighting equipment. In the case of a product imported into the United |
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533 | 533 | | 502States, “manufacturer” includes the importer or first domestic distributor of the product if the |
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534 | 534 | | 503person that manufactured or assembled or whose brand name is affixed to the product does not |
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535 | 535 | | 504have a presence in the United States. 25 of 30 |
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536 | 536 | | 505 "Per- and polyfluoroalkyl substances" or “PFAS”, a class of fluorinated organic |
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537 | 537 | | 506chemicals containing at least one fully fluorinated carbon atom. |
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538 | 538 | | 507 (b) (1) A manufacturer or other person that sells firefighting personal protective |
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539 | 539 | | 508equipment containing PFAS to any person, local government or state agency shall provide |
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540 | 540 | | 509written notice to the purchaser at the time of sale: (i) that the firefighting personal protective |
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541 | 541 | | 510equipment contains PFAS; (ii) the reason PFAS are added to the equipment; and (iii) the |
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542 | 542 | | 511specific PFAS within the product listed by chemical name and abbreviated name. |
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543 | 543 | | 512 (2) The manufacturer or other person selling firefighting personal protective equipment |
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544 | 544 | | 513and the purchaser of the equipment shall retain a copy of the notice required pursuant to this |
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545 | 545 | | 514subsection on file for at least 3 years from the date of the purchase. Upon the request of the |
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546 | 546 | | 515department, a person, manufacturer, or purchaser shall furnish the notice, or written copies, and |
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547 | 547 | | 516associated sales documentation to the department within 60 days of such request. |
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548 | 548 | | 517 SECTION 8. Said section 246 of said chapter 111 of the General Laws, is hereby |
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549 | 549 | | 518amended by striking out subsection (b) and inserting in place thereof the following subsection:- |
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550 | 550 | | 519 (b) A manufacturer or other person that sells firefighting personal protective equipment to |
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551 | 551 | | 520any person, local government, or state agency shall not manufacture, knowingly sell, offer for |
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552 | 552 | | 521sale, distribute for sale, or distribute for use in the commonwealth any firefighting personal |
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553 | 553 | | 522protective equipment containing intentionally added PFAS. |
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554 | 554 | | 523 SECTION 9. Chapter 22D of the General Laws is hereby amended by inserting after |
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555 | 555 | | 524section 6 the following sections:- 26 of 30 |
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556 | 556 | | 525 Section 7. (a) The following terms shall, unless the context clearly requires otherwise, |
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557 | 557 | | 526have the following meanings: |
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558 | 558 | | 527 “Department”, department of fire services |
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559 | 559 | | 528 “Intentionally added”, PFAS that is added to a product, or enters the product from the |
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560 | 560 | | 529manufacturing or processing of that product; and the addition of PFAS is known or reasonably |
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561 | 561 | | 530ascertainable by the manufacturer. “Intentionally added” PFAS also includes any degradation by- |
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562 | 562 | | 531products of PFAS or the use of PFAS or PFAS precursors as a processing agent, mold release |
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563 | 563 | | 532agent, or the creation of PFAS via chemical reactions. |
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564 | 564 | | 533 "Known or reasonably ascertainable”, all information in a person's possession or control, |
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565 | 565 | | 534plus all information that a reasonable person similarly situated might be expected to possess, |
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566 | 566 | | 535control, or know. |
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567 | 567 | | 536 "Per- and polyfluoroalkyl substances" or “PFAS”, a class of fluorinated organic |
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568 | 568 | | 537chemicals containing at least one fully fluorinated carbon atom. |
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569 | 569 | | 538 (b) Notwithstanding any general or special law to the contrary, no person, local |
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570 | 570 | | 539government or state agency shall use a Class B firefighting foam that contains intentionally |
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571 | 571 | | 540added PFAS in any amount for training or testing purposes. |
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572 | 572 | | 541 (c) Any person, unit of local government, fire department, or state agency that discharges |
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573 | 573 | | 542or releases Class B firefighting foam that contains intentionally added PFAS must notify the |
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574 | 574 | | 543department of environmental protection’s emergency response line as soon as possible but no |
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575 | 575 | | 544later than within 24 hours of the discharge or release. 27 of 30 |
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576 | 576 | | 545 (d) The department shall assist the department of public health’s Occupational Health |
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577 | 577 | | 546Surveillance Program in collecting data on occupational exposure to PFAS, including, but not |
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578 | 578 | | 547limited to, firefighters. The restrictions in subsections (b) and (c) of this section do not apply to |
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579 | 579 | | 548any manufacture, sale, or distribution of class B firefighting foam where the inclusion of PFAS |
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580 | 580 | | 549chemicals are required by federal law, including but not - limited to the requirements of 14 |
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581 | 581 | | 550C.F.R. 139.317, as that section existed as of January 1, 2025. In the event that applicable federal |
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582 | 582 | | 551regulations change after January 1, 2025, to allow the use of alternative firefighting agents that |
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583 | 583 | | 552do not contain PFAS chemicals, the restrictions set forth in subsections (b) and (c) shall apply. |
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584 | 584 | | 553 SECTION 10. Section 12 of chapter 61A of the General Laws is hereby amended by |
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585 | 585 | | 554inserting after the second paragraph the following paragraph:- |
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586 | 586 | | 555 No conveyance tax under this section shall be assessed on land that is removed from |
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587 | 587 | | 556agricultural or horticultural use due to regulatory action regarding the actual or suspected |
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588 | 588 | | 557presence of PFAS in soil, water, or agricultural products derived from such land. For the |
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589 | 589 | | 558purposes of this paragraph, “PFAS” shall mean a class of fluorinated organic compounds |
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590 | 590 | | 559containing at least one fully fluorinated carbon atom. The commissioner of agricultural |
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591 | 591 | | 560resources, in consultation with the commissioner of revenue and the commissioner of |
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592 | 592 | | 561environmental protection, may promulgate regulations to enforce this paragraph. |
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593 | 593 | | 562 SECTION 11. Section 13 of chapter 61A of the General Laws is hereby amended by |
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594 | 594 | | 563adding the following subsection:- |
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595 | 595 | | 564 (e) No roll-back tax imposed by this section shall be assessed on land that no longer |
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596 | 596 | | 565meets the definition of land actively devoted to agricultural, horticultural or agricultural and |
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597 | 597 | | 566horticultural use due to regulatory action regarding the actual or suspected presence of PFAS in 28 of 30 |
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598 | 598 | | 567soil, water, or agricultural products derived from such land. For the purposes of this subsection, |
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599 | 599 | | 568“PFAS” shall mean a class of fluorinated organic compounds containing at least one fully |
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600 | 600 | | 569fluorinated carbon atom. The commissioner of agricultural resources, in consultation with the |
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601 | 601 | | 570commissioner of revenue and the commissioner of environmental protection, may promulgate |
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602 | 602 | | 571regulations to enforce this subsection. |
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603 | 603 | | 572 SECTION 12. The department of public health, in consultation with department of |
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604 | 604 | | 573environmental protection and the department of agricultural resources, shall procure or otherwise |
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605 | 605 | | 574employ an external research organization, which has the capacity to study per- and |
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606 | 606 | | 575polyfluoroalkyl substances and the effect PFAS has on agricultural products produced and sold |
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607 | 607 | | 576in the commonwealth; provided, that the research organization shall have: (1) extensive |
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608 | 608 | | 577experience with a wide variety of agricultural products and environmental matrices, including, 2 |
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609 | 609 | | 578of 2 but not limited to, plants and animals; (2) a current QAPP (“Quality Assurance Project |
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610 | 610 | | 579Plan”) through the United States Environmental Protection Agency; (3) current sampling and |
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611 | 611 | | 580chain of custody protocols; (4) experience handling complex agricultural matrices; and (5) access |
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612 | 612 | | 581to state of-the art mass spectrometers. The study shall include findings on the levels of PFAS |
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613 | 613 | | 582found in: (1) in agricultural products sold in Massachusetts stores; (2) locally sourced |
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614 | 614 | | 583agricultural products; and (3) agricultural inputs including, but not limited to, feed, water, |
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615 | 615 | | 584fertilizer, and pesticides. The department shall make said report publicly available with the |
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616 | 616 | | 585department’s findings on the department’s website. The commissioner shall file a progress report |
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617 | 617 | | 586in writing of the findings, including food and agricultural sources of contamination, within 365 |
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618 | 618 | | 587days of the passage of this act; provided, that the report shall be filed with the house and senate |
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619 | 619 | | 588committees on ways and means, the joint committee on environment and natural resources, the 29 of 30 |
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620 | 620 | | 589joint committee on public health, and the joint committee on agriculture on or before August 31, |
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621 | 621 | | 5902025. |
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622 | 622 | | 591 SECTION 13. Subsection (c) of said section 43B of said chapter 21 shall take effect two |
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623 | 623 | | 592years after United States Environmental Protection Agency Method 1633 is available to the |
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624 | 624 | | 593public. |
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625 | 625 | | 594 SECTION 14. Section 3 shall take effect January 1, 2030. |
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626 | 626 | | 595 SECTION 15. Section 5T of said chapter 111 shall take effect January 1, 2030. |
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627 | 627 | | 596 SECTION 16. Subsection (b) of said section 5U of said chapter 111 shall take effect |
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628 | 628 | | 597January 1, 2029. |
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629 | 629 | | 598 SECTION 17. Subsection (c) of said section 5U of said chapter 111 shall take effect |
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630 | 630 | | 599January 1, 2035. |
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631 | 631 | | 600 SECTION 18. Paragraph (1) of said subsection (g) of said section 5U of said chapter 111 |
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632 | 632 | | 601shall take effect June 1, 2030. |
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633 | 633 | | 602 SECTION 19. Subsection (h) of said section 5U of said chapter 111 shall take effect |
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634 | 634 | | 603January 1, 2030. |
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635 | 635 | | 604 SECTION 20. Subsection (i) of said section 5U of said chapter 111 shall take effect |
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636 | 636 | | 605January 1, 2035. |
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637 | 637 | | 606 SECTION 21. Section 245 of said chapter 111 shall take effect on the 180th day |
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638 | 638 | | 607following enactment. |
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639 | 639 | | 608 SECTION 22. Section 246 of said chapter 111 shall take effect January 1, 2028. 30 of 30 |
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640 | 640 | | 609 SECTION 23. Section 3 shall take effect on the 180th day following enactment. |
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641 | 641 | | 610 SECTION 24. Section 7 shall take effect January 1, 2029. |
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642 | 642 | | 611 SECTION 25. Section 12 shall take effect no later than 180 days after passage of this act. |
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