Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2450 Compare Versions

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22 HOUSE DOCKET, NO. 4087 FILED ON: 1/17/2025
33 HOUSE . . . . . . . . . . . . . . . No. 2450
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Kate Hogan and Julian Cyr
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act to protect Massachusetts public health from PFAS.
1313 _______________
1414 PETITION OF:
1515 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
1616 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
1717 HOUSE DOCKET, NO. 4087 FILED ON: 1/17/2025
1818 HOUSE . . . . . . . . . . . . . . . No. 2450
1919 By Representative Hogan of Stow and Senator Cyr, a joint petition (accompanied by bill, House,
2020 No. 2450) of Kate Hogan, Natalie M. Blais and others for legislation to protect public health
2121 from PFAS. Public Health.
2222 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2323 SEE HOUSE, NO. 4486 OF 2023-2024.]
2424 The Commonwealth of Massachusetts
2525 _______________
2626 In the One Hundred and Ninety-Fourth General Court
2727 (2025-2026)
2828 _______________
2929 An Act to protect Massachusetts public health from PFAS.
3030 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3131 of the same, as follows:
3232 1 SECTION 1. Chapter 10 of the General Laws is hereby amended by inserting after
3333 2section 35SSS the following section:-
3434 3 Section 35TTT. (a) As used in this section, the following words, unless the context
3535 4clearly requires otherwise, shall have the following meanings:-
3636 5 “Ambient air”, that portion of the atmosphere, external to buildings, to which the general
3737 6public has access.
3838 7 “Board of health”, any body politic or political subdivision of the commonwealth that
3939 8acts as a board of health, public health commission or a health department for a municipality,
4040 9region or district, including, but not limited to, municipal boards of health, regional health 2 of 30
4141 10districts established pursuant to G.L. c. 111, § 27B and boards of health that share services
4242 11pursuant to G.L. c. 40, § 4A or other legally constituted governmental unit within the
4343 12Commonwealth having the usual powers and duties of the board of health of a city or town.
4444 13 “Commissioner”, the commissioner of the department of environmental protection
4545 14 “Department”, the department of environmental protection
4646 15 “Fund”, the PFAS Remediation Trust Fund established in this section.
4747 16 “Per- and polyfluoroalkyl substances” or “PFAS”, as defined and regulated by the
4848 17department or identified, on the basis of a health assessment conducted pursuant to the
4949 18department’s drinking water regulations, as posing an unacceptable health risk to consumers.
5050 19 “Regional system”, any system established by mutual agreement of two or more
5151 20municipalities or a county in which all municipalities of said county have an agreement where
5252 21such system provides drinking water or wastewater services, or both, through shared facilities,
5353 22sources or distribution networks.
5454 23 (b) (1) There shall be a PFAS Remediation Trust Fund. Expenditures from the
5555 24fund shall be made by the department, without further appropriation and consistent with this
5656 25section, the terms of settlements, judgments, and awards made in connection with claims arising
5757 26from the manufacture, marketing or sale of PFAS and PFAS-containing products, and consistent
5858 27with the terms of other allocations and monies transferred to this fund, as applicable. The
5959 28commissioner shall administer the fund, shall prioritize expenditures to communities with
6060 29vulnerable environmental justice populations, and may make expenditures from the fund to 3 of 30
6161 30develop and implement a multilingual outreach and education program pursuant to section 29 of
6262 31chapter 21A of the General Laws.
6363 32 (2) The fund shall be expended to mitigate the impacts of PFAS contamination in the
6464 33commonwealth, including PFAS contamination in drinking water, groundwater, soil, sediment,
6565 34surface water, wastewater, sludge or sludge products, landfills, and other media as appropriate.
6666 35Such mitigation may include, but is not limited to, projects to assist counties municipalities,
6767 36private well owners, and public water systems with the cost of PFAS treatment and remediation,
6868 37including but not limited to remediation projects, treatment, and mitigation. The commissioner
6969 38shall make necessary expenditures from this account for the shared administrative costs of the
7070 39operations and programs of the department related to the fund. The commissioner shall further
7171 40direct that monies from the fund shall be expended to provide services in an amount reasonably
7272 41related to such administrative costs. No expenditure shall be made from the fund that would
7373 42cause the fund to be in deficit at the close of a fiscal year. Amounts credited to the fund shall not
7474 43be subject to further appropriation and monies remaining in the fund at the end of the fiscal year
7575 44shall not revert to the General Fund but shall instead be available for expenditure during
7676 45subsequent fiscal years. Any fiscal year-end balance in the fund shall be excluded from the
7777 46calculation of the consolidated net surplus pursuant to section 5C of chapter 29 of the General
7878 47Laws.
7979 48 (3) There shall be credited to the fund: (i) amounts recovered by the commonwealth and
8080 49credited thereto in connection with claims arising from the manufacture and associated
8181 50processes, distribution, marketing, or sale of PFAS and other PFAS-containing products; (ii)
8282 51transfers from other funds authorized by the general court and so designated; (iii) funds from
8383 52public or private sources, including, but not limited to, gifts, grants, donations, rebates, 4 of 30
8484 53settlements, judgments, awards, and other allocations received by the commonwealth designated
8585 54to the fund; and (iv) any interest earned on such amounts.
8686 55 (c) The commissioner may award and administer grants from the fund, without further
8787 56appropriation, consistent with the purposes of the fund described in this section. Further, subject
8888 57to this section, grants may be made, without limitation, to: (i) municipalities and counties for
8989 58municipal and county use, including, but not limited to, establishing connections to regional
9090 59systems and funds necessary to address the reasonable administrative costs of the municipality;
9191 60(ii) boards of health for use in assisting private well users; (iii) community water systems for use
9292 61on an existing system or to expand a system to assist additional water users; (iv) non-transient
9393 62non-community water systems; and (v) transient non-community water systems.
9494 63 (d) The department shall adopt regulations, rules, or policies for the use of monies in the
9595 64fund, and shall include conditions in grant documents to require that that applicants disclose any
9696 65funds recovered from liable third parties or other sources to cover any costs eligible to be
9797 66reimbursed by said grant programs and to deduct said recovered funds from the total costs in the
9898 67grant application. The department shall also require any person awarded a grant for cost
9999 68reimbursement to report the recovery of any such costs in the future and to reimburse the fund by
100100 69reimbursing such recovered costs to the department. The department shall further adopt
101101 70regulations, rules, or policies establishing criteria to ensure that an applicant shall not be eligible
102102 71for grants for any project or portion of a project to the extent the negligence of the applicant
103103 72caused the contamination that resulted in the exceedance of applicable state or federal standards
104104 73for PFAS in drinking water, groundwater, soil, and other environmental media. 5 of 30
105105 74 (e) If the department provides a grant related to costs for a project for which a third party
106106 75might otherwise be liable, the right to recover payment from such third party, excluding public
107107 76sector fire departments for the use of Class B firefighting foam in emergency responses, shall be
108108 77subrogated to the department to the extent of such grant. Any money recovered by the
109109 78department from such third parties shall be deposited in the fund. Notwithstanding any other
110110 79general or special law to the contrary, the superior court shall have jurisdiction for subrogation
111111 80claims brought pursuant to this chapter, and civil actions brought by the attorney general for
112112 81subrogated claims to recover costs pursuant to this chapter shall be commenced within five years
113113 82from the date the commonwealth is assigned the rights to recover all such costs or five years
114114 83from the date the commonwealth discovers that the person against whom the action is being
115115 84brought is a person liable pursuant to law, whichever is later.
116116 85 (f)(1) The department may consult with the department of public health to provide
117117 86funding from the fund for boards of health to establish rebate and grant programs for the
118118 87reimbursement of private well users and owners for the costs of private well water sampling,
119119 88installation, and operation and maintenance of PFAS treatment systems. Eligible spending for
120120 89rebate shall include, but is not limited to, sampling of private well water for those PFAS that are
121121 90regulated for public water systems by the department’s drinking water regulations and
122122 91installation of permanent treatment systems to remove PFAS from drinking water
123123 92 (2) Boards of health may elect to receive funding from the fund pursuant to any program
124124 93established pursuant to paragraph (1), and may apply for and receive grants from the fund
125125 94necessary to cover reasonable administrative costs related to implementation of said paragraph
126126 95(1). Boards of health that elect to participate shall amend their codes to require private well water 6 of 30
127127 96quality testing for PFAS for property sales and new construction consistent with model bylaws
128128 97and ordinances provided by the department through program guidance.
129129 98 (3) Annually, not later than August 31, boards of health that elect to participate pursuant
130130 99to paragraph (2) shall submit a report to the department including information demonstrating
131131 100compliance during the preceding fiscal year with said paragraph (2) and other such information
132132 101as required by the department.
133133 102 (g) Annually, not later than October 1, the department shall file a report on the activity,
134134 103revenue and expenditures to and from the fund in the prior fiscal year with the clerks of the
135135 104house of representatives and the senate and the house and senate committees on ways and means,
136136 105and shall make the report available on the department’s website. The report shall include, but not
137137 106be limited to: (i) revenue credited to the fund; (ii) the amount of expenditure attributable to the
138138 107administrative costs of the department; (iii) an itemized list of expenditures from the fund; (iv)
139139 108rebate and grant expenditures to private well users and owners and municipal administrative
140140 109expenses of boards of health opting into such rebate and grant programs; and (v) data and a
141141 110report of how resources have been directed to environmental justice populations.
142142 111 SECTION 2. Chapter 21 of the General Laws is hereby amended by inserting after
143143 112section 43A the following section:-
144144 113 Section 43B. (a) The department of environmental protection shall amend each
145145 114groundwater discharge permit upon renewal with requirements for monitoring and reporting of
146146 115per- and polyfluoroalkyl substances using United States Environmental Protection Agency
147147 116analytical methods as specified by the department. 7 of 30
148148 117 (b) The department of environmental protection shall amend its surface water discharge
149149 118permits issued to industrial permittees and groundwater discharge permits issued to industrial
150150 119permittees upon renewal with requirements to implement best management practices for
151151 120discharges of PFAS, including, but not limited to: (i) product elimination or substitution when a
152152 121reasonable alternative to using PFAS is available in the industrial process; (ii) accidental
153153 122discharge minimization; and (iii) equipment decontamination or replacement where PFAS
154154 123products have historically been used. These industrial permittees shall include those that use or
155155 124previously used PFAS or PFAS products or those where best management practices are
156156 125warranted based on the department’s review of discharge monitoring unless the industrial
157157 126permittee can show that the PFAS in the discharge entered the facility the local water supply and
158158 127not the manufacturing process.
159159 128 (c) The department of environmental protection shall include effluent limitations and
160160 129treatment requirements for PFAS in groundwater discharge permits upon renewal.
161161 130 SECTION 3. The department of environmental protection shall promulgate regulations to
162162 131implement a schedule for phasing out the use, sale, or distribution, or offer for use, sale, or
163163 132distribution of sludge without the department’s site-specific approval in the commonwealth, and
164164 133shall not include the disposal or placement of sludge at a solid waste landfill, hazardous waste
165165 134landfill or sludge landfill. For the purposes of this section, “sludge” shall mean the solid, semi
166166 135solid, and liquid residue that results from a process of wastewater treatment or drinking water
167167 136treatment, and does not include grit, screening, or grease and oil removed at the headworks of a
168168 137wastewater or drinking water facility. 8 of 30
169169 138 SECTION 4. Not later than December 31, 2030, the department of environmental
170170 139protection shall submit a report to the Chairs of the Joint Committee on Public Health and the
171171 140Joint Committee on Environment and Natural Resources regarding its progress in establishing
172172 141standards to monitor PFAS in ambient air. This report shall include, but not be limited to: (i) the
173173 142department’s capacity to establish these standards; (ii) the steps the department has taken or
174174 143plans to take to establish these standards; and; (iii) a projected timeline detailing when the
175175 144department expects to finish establishing standards to monitor PFAS in ambient air.
176176 145 SECTION 5. Chapter 21A of the General Laws is hereby amended by inserting after
177177 146section 28 the following section:-
178178 147 Section 29. (a) The department, in consultation with the department of public health, shall
179179 148develop and implement a multilingual public awareness campaign to promote the education of
180180 149Massachusetts residents, including environmental justice populations, of per- and
181181 150polyfluoroalkyl substances contamination across the commonwealth and potential health impacts
182182 151of PFAS exposure. The campaign shall include the development and distribution of educational
183183 152materials, drafted in plain language to the extent possible, the content of which shall include, but
184184 153not be limited to: (i) the potential health impacts of PFAS exposure; (ii) the routes of PFAS
185185 154exposure, including but not limited to, drinking water, groundwater, surface water, wastewater,
186186 155land application of biosolids, landfills, air, and fish tissue; (iii) consumer products that are known
187187 156to contain PFAS; (iv) PFAS in Class B firefighting foam; (v) a list of facilities that are known
188188 157and potential sources of PFAS and are required to prepare a toxics use reduction plan for PFAS
189189 158within 10 miles of the environmental justice populations; (vi) assistance programs for PFAS
190190 159remediation; (vii) citizen involvement pursuant to G.L. c. 21I, § 18; and (viii) assistance
191191 160programs for PFAS remediation. 9 of 30
192192 161 (b) The educational materials shall be translated into the native languages spoken by the
193193 162impacted environmental justice populations based on the federal census definition of English
194194 163isolation. Such educational materials shall be made available to, but not be limited to: (i)
195195 164community centers; (ii) health care centers; (iii) schools, (iv) places of worship; (v) the
196196 165department of education; (vi) and the department of early education and care.
197197 166 (c) The department may contract or associate with public and private agencies and
198198 167organizations for the preparation of said educational materials on PFAS exposure, other pertinent
199199 168resource information on the matter of PFAS contamination and conducting educational
200200 169programs. The department may use funds from the Fund, as established in section 35TTT of
201201 170chapter 10 of the general laws, for such contracts.
202202 171 SECTION 6. Chapter 111 of the General Laws is hereby amended by inserting after
203203 172section 5S the following sections:-
204204 173 Section 5T. (a) As used in this section, the following words shall, unless the context
205205 174clearly requires otherwise, have the following meanings:-
206206 175 “Agricultural products”, any vegetable, fruit, dairy, meat, fish, and poultry, and
207207 176agricultural inputs, such as, but not limited to, feed, water, fertilizer, pesticides, produced and
208208 177sold commercially in Massachusetts.
209209 178 “Department”, the department of public health
210210 179 “Food package", a package or packaging component that is intended for the marketing,
211211 180protection or handling of a product intended for direct food contact or used to store food and
212212 181foodstuffs for sale. 10 of 30
213213 182 “Fully Fluorinated Carbon Atom", a carbon atom on which all the hydrogen substituents
214214 183have been replaced by fluorine.
215215 184 “Intentionally added”, PFAS that is added to a product, or enters the product from the
216216 185manufacturing or processing of that product; the addition of which is known or reasonably
217217 186ascertainable by the manufacturer. “Intentionally added” PFAS also includes any degradation by-
218218 187products of PFAS or the use of PFAS or PFAS precursors as a processing agent, mold release
219219 188agent, or the creation of PFAS via chemical reactions.
220220 189 “Ingredient”, has the same meaning as that term is defined in subdivision (e) of Section
221221 190700.3 of Part 700 of Chapter 1 of Title 21 of the Code of Federal Regulations and does not
222222 191include any incidental ingredient as defined in subdivision (l) of Section 701.3 of Part 701 of
223223 192Chapter 1 of Title 21 of the Code of Federal Regulations.
224224 193 "Known or reasonably ascertainable”, all information in a person's possession or control,
225225 194plus all information that a reasonable person similarly situated might be expected to possess,
226226 195control, or know.
227227 196 "Manufacturer", a person, firm, association, partnership, government entity, organization,
228228 197joint venture or corporation that applies a package to a product for distribution or sale, or any
229229 198person whose name appears on the label of a cosmetics product pursuant to the requirements of
230230 199Section 701.12 of Title 21 of the Code of Federal Regulations.
231231 200 "Package", a container providing a means of marketing, protecting or handling a product
232232 201which shall include a unit package, an intermediate package, a package used for shipping or
233233 202transport and unsealed receptacles such as carrying cases, crates, cups, pails, rigid foil and other
234234 203trays, wrappers and wrapping films, bags and tubs. 11 of 30
235235 204 "Packaging component", an individual assembled part of a package including, but not
236236 205limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior
237237 206strapping, coatings, closures, inks and labels.
238238 207 "Per- and polyfluoroalkyl substances" or “PFAS”, a class of fluorinated organic
239239 208chemicals containing at least one fully fluorinated carbon atom.
240240 209 (b) No manufacturer shall sell, offer for sale, distribute for sale, or distribute for use in
241241 210the commonwealth food packaging to which PFAS have been intentionally added in any amount.
242242 211 (c) The department, in consultation with department of environmental protection and the
243243 212department of agricultural resources, shall procure or otherwise employ an external research
244244 213organization, which has the capacity to study per- and polyfluoroalkyl substances and the effect
245245 214PFAS has on agricultural products produced and sold in the commonwealth; provided, that the
246246 215research organization shall have: (1) extensive experience with a wide variety of agricultural
247247 216products and environmental matrices, including, but not limited to, plants and animals; (2) a
248248 217current QAPP (“Quality Assurance Project Plan”) through the United States Environmental
249249 218Protection Agency; (3) current sampling and chain of custody protocols; (4) experience handling
250250 219complex agricultural matrices; and (5) access to state-of-the art mass spectrometers. The study
251251 220shall include findings on the levels of PFAS found in: (1) in agricultural products sold in
252252 221Massachusetts stores; (2) locally sourced agricultural products; and (3) agricultural inputs
253253 222including, but not limited to, feed, water, fertilizer, and pesticides. The department shall make
254254 223said report publicly available with the department’s findings on the department’s website. The
255255 224commissioner shall file a progress report in writing of the findings, including food and
256256 225agricultural sources of contamination, within 365 days of the passage of this act; provided, that 12 of 30
257257 226the report shall be filed with the house and senate committees on ways and means, the joint
258258 227committee on environment and natural resources, the joint committee on public health, and the
259259 228joint committee on agriculture on or before August 31, 2027.
260260 229 Section 5U. (a) As used in this section, the following words shall, unless the context
261261 230clearly requires otherwise, have the following meanings:-
262262 231 “Child passenger restraint”, a child passenger restraint under G.L. c. 90, § 7AA.
263263 232 “Children’s product”, consumer products intended, made or marketed for use by
264264 233children12 years of age or under , including: (i) toys; (ii) children’s clothing; (iii) children's
265265 234cosmetics and personal care products; (iv) children's jewelry and novelty products; (v) children’s
266266 235school supplies; (vi) children’s arts and crafts supplies, including model making supplies (vii)
267267 236children’s bedding, furniture, and furnishings; (viii) child car seats; (ix) products to help a child
268268 237with sucking or teething, or to facilitate sleep, relaxation, or the feeding of a child; (x) artificial
269269 238turf fields installed on school properties, publicly owned properties, or intended for use by
270270 239children under the age of 18; (xi) products that meet any of the following conditions: represented
271271 240in its packaging, display, or advertising as appropriate for use by children, sold in conjunction
272272 241with, attached to, or packaged together with other products that are packaged, displayed, or
273273 242advertised as appropriate for use by children sold in a retail store, catalogue, or online website, in
274274 243which a person exclusively offers for sale products that are packaged, displayed, or advertised as
275275 244of 13 appropriate for use by children, or sold in a discrete portion of a retail store, catalogue, or
276276 245online website, in which a person offers for sale products that are packaged, displayed, or
277277 246advertised as appropriate for use by children; provided, however, that “children’s product” shall
278278 247not include: (i) batteries; (ii) slings and catapults; (iii) sets of darts with metallic points; (iv) toy 13 of 30
279279 248steam engines; (v) bicycles and tricycles; (vi) video toys that can be connected to video screen
280280 249and are operated at a nominal voltage exceeding twenty-four volts; (vii) chemistry sets; (viii)
281281 250consumer and children's electronic products, including but not limited to personal computers,
282282 251audio and video equipment, calculators, wireless phones, game consoles, and handheld devices
283283 252incorporating a video screen, used to access interactive software and their associated peripherals;
284284 253(ix) interactive software, intended for leisure and entertainment, including computer games and
285285 254their storage media, including compact disks; (x) BB guns, pellet guns and air rifles; (xi) snow
286286 255sporting equipment, including skis, poles, boots, snow boards, sleds and bindings; (xii) roller
287287 256skates; (xiii) scooters; (xiv) model rockets; (xv) athletic shoes with cleats or spikes; (xvi)
288288 257pocketknives and multitools; (xvii) food and beverages and food and beverage packaging
289289 258regulated by the United States Food and Drug Administration or the United States Department of
290290 259Agriculture; (xviii) pharmaceutical products and biologics; and (xix) medical devices, as defined
291291 260in the federal Food, Drug, and Cosmetic Act, U,S,C, 21 section 321(h)
292292 261 “Consumer product,” any article that, to any significant extent, is distributed in
293293 262commerce for personal use or consumption by individuals.
294294 263 “Cookware”, durable houseware items that are used in homes and restaurants to prepare,
295295 264dispense, or store food, foodstuffs or beverages, including, but not limited to, pots, pans, skillets,
296296 265grills, baking sheets, baking molds, trays, bowls and cooking utensils.
297297 266 “Cosmetic”, means: (a) articles intended to be rubbed, poured, sprinkled or sprayed on,
298298 267introduced into or otherwise applied to the human body or any part thereof for cleansing,
299299 268beautifying, promoting attractiveness or altering the appearance, including wigs, hairpieces and 14 of 30
300300 269postiches; (b) articles intended for use as a component of any such articles; and (c) shall not
301301 270include soap.
302302 271 “Current unavoidable uses”, a use of PFAS that the department has determined under this
303303 272section to be: (i) essential for health, safety or the functioning of society; (ii) necessary for the
304304 273proper operation and functionality of a product; and; (iii) for which safer chemical alternatives
305305 274are not reasonably available.
306306 275 “Department”, the department of public health.
307307 276 “Distributor”, any person, firm or corporation who takes title to goods, produced either
308308 277domestically or in a foreign country, purchased for resale or promotional purposes.
309309 278 “Fabric treatment”, a substance applied to fabric, carpets, rugs, shoes or textiles to impart
310310 279characteristics, including, but not limited to, stain resistance or water resistance.
311311 280 “Fully fluorinated carbon atom”, a carbon atom on which all the hydrogen substituents
312312 281have been replaced by fluorine.
313313 282 “Intentionally added”, PFAS that is added to a product, or enters the product from the
314314 283manufacturing or processing of that product; the addition of which is known or reasonably
315315 284ascertainable by the manufacturer. “Intentionally added” PFAS also includes any degradation by-
316316 285products of PFAS or the use of PFAS or PFAS precursors as a processing agent, mold release
317317 286agent, or the creation of PFAS via chemical reactions.
318318 287 "Known or reasonably ascertainable”, all information in a person's possession or control,
319319 288plus all information that a reasonable person similarly situated might be expected to possess,
320320 289control, or know. 15 of 30
321321 290 “Manufacturer”, any person, firm or corporation that manufactures a product whose
322322 291brand name is affixed to the product. In the case of a product imported into the United States,
323323 292“manufacturer” includes the importer or first domestic distributor of the product if the person
324324 293that manufactured or assembled or whose brand name is affixed to the product does not have a
325325 294presence in the United States.
326326 295 “Per- and polyfluoroalkyl substances” or “PFAS”, a class of fluorinated organic
327327 296chemicals containing at least one fully fluorinated carbon atom.
328328 297 “Personal care products”, articles intended to be rubbed, poured, sprinkled, or sprayed on,
329329 298introduced into or otherwise applied to the human body for cleansing, beautifying, promoting
330330 299attractiveness or altering the appearance. Personal care products shall include products such as
331331 300skin moisturizers, perfumes, lipsticks, fingernail polishes, eye and facial makeup preparations,
332332 301shampoos, permanent waves, hair colors, toothpastes, sunscreen, hair spray, shaving cream and
333333 302deodorants, as well as any material intended for use as a component of a cosmetic product.
334334 303Personal care products shall also include , but not be limited to, menstrual products such as
335335 304sanitary napkins, menstrual underwear, tampons and underwear liners. Personal care products
336336 305does not include a product that requires a prescription for distribution or dispensation. “Personal
337337 306Care Products” does not include hydrofluorocarbon or hydrofluoroolefins used as propellants in
338338 307personal care products.
339339 308 “Priority product,” any child passenger restraint, children’s product, cookware, fabric
340340 309treatment, personal care products, rugs and carpets, textile, textile furnishings, or upholstered
341341 310furniture. 16 of 30
342342 311 “Product component”, a component of a consumer product, including the product’s
343343 312ingredients or a part of the product, regardless of whether the manufacturer of the consumer
344344 313product is the manufacturer of the component.
345345 314 “Product label”, a display of written, printed or graphic material that appears on, or is
346346 315affixed to, the exterior of a product, or its exterior container or wrapper that is visible to a
347347 316consumer, if the product has an exterior container or wrapper.
348348 317 “Retailer”, any person, firm or corporation to whom a consumer product is delivered or
349349 318sold, if such delivery or sale is for purposes of sale or distribution in commerce to purchasers
350350 319who buy such product for purposes other than resale.
351351 320 “Rugs and carpets”, fabric used to or marketed to cover floors.
352352 321 “Textile”, any item made in whole or part from a natural or synthetic fiber, yarn, or
353353 322fabric. Textile includes but is not limited to leather, cotton, silk, jute, hemp, wool, viscose, nylon,
354354 323and polyester.
355355 324 “Textile furnishings”, textile goods of a type customarily used in households and
356356 325businesses, including but not limited to draperies, floor coverings, furnishings, bedding, towels,
357357 326and tablecloths.
358358 327 “Upholstered furniture'', as defined in G.L. c. 94, § 270.
359359 328 “Wholesaler,” any person, firm or corporation to whom a consumer product is delivered
360360 329or sold, if such delivery or sale is for purposes of sale or distribution in commerce to purchasers
361361 330who buy such product for purposes of resale. 17 of 30
362362 331 (b) (1) No manufacturer, distributor, wholesaler or retailer shall offer for sale, sell or
363363 332distribute in the commonwealth any priority products to which PFAS have been intentionally
364364 333added on or after January 1, 2029.
365365 334 (2) The prohibitions of this subsection shall not apply to the sale or resale of used
366366 335products;
367367 336 (c) (1) No manufacturer, distributor, wholesaler or retailer shall offer for sale, sell
368368 337or distribute in the commonwealth any consumer product that the department has identified for
369369 338restriction, including but not limited to priority products, to which PFAS have been intentionally
370370 339added, unless the department, in consultation with the department of environmental protection
371371 340and the Toxics Use Reduction Institute, has determined that the use of PFAS in the consumer
372372 341product is a currently unavoidable use and grants a temporary exemption at intervals of no more
373373 342than 6 years.
374374 343 (2) The department may assess a fee to cover the department’s reasonable costs and to
375375 344support the purposes outlined in this section payable by a manufacturer, distributor, wholesaler
376376 345or retailer upon submission of an unavoidable use exemption request under section (c) paragraph
377377 346(5). Fees collected under this paragraph shall be deposited into the PFAS Public Health Trust
378378 347Fund established under section (j) to be administered by the department for the purposes outlined
379379 348in this section.
380380 349 (3) In the event that the department makes such a determination and grants an
381381 350unavoidable use exemption, the department may require the manufacturer, distributor,
382382 351wholesaler or retailer to label the product or products in a form and manner determined by the
383383 352department. 18 of 30
384384 353 (4) The prohibitions of this subsection shall not apply to the sale or resale of used
385385 354consumer products or a product used in a manner that has been approved or authorized by a
386386 355federal or state agency, including: (1) Drugs, medical devices, biologics or diagnostics approved
387387 356or authorized by the Federal Food and Drug Administration or the United States Department of
388388 357Agriculture or otherwise subject to regulation under the Federal Food, Drug, and Cosmetic Act,
389389 358as amended, 21 U.S.C. § 301 et seq; (2) Packaging for drugs, medical devices, biologics,
390390 359diagnostics or [non-pulp based packaging for] food approved or authorized by the Federal Food
391391 360and Drug Administration or the United States Department of Agriculture or is otherwise in scope
392392 361of the Federal Food, Drug, and Cosmetic Act, as amended, 21 U.S.C. § 301 et seq (3) Products
393393 362registered or authorized for use under the Federal Insecticide, Fungicide, and Rodenticide Act, as
394394 363amended, 7 U.S.C. § 136 et seq. (4) Substances designated by rulemaking or otherwise as
395395 364acceptable substitutes in specific uses under U.S. EPA’s Significant New Alternatives Policy
396396 365(SNAP) program, or substitutes needed to execute the American Innovation and Manufacturing
397397 366(AIM) Act; and (5) Finished products certified or regulated by the Federal Aviation
398398 367Administration or the Department of Defense, or both, when used in a manner that was certified
399399 368or regulated by such agencies, including parts, materials, and processes when used to
400400 369manufacture or maintain such regulated or certified finished products.
401401 370 (5) Consumer products or product categories in which the use of PFAS is a currently
402402 371unavoidable use, as determined by the department, may be exempted for a fee to cover the
403403 372department’s reasonable costs and to support the purposes outlined in this section, pursuant to a
404404 373process established years. Fees collected under this paragraph shall be deposited into the PFAS
405405 374Public Health Trust Fund established under section (j) to be administered by the department for
406406 375the purposes outlined in this section. 19 of 30
407407 376 (6) Annually, not later than December 31, the department shall file a report on the
408408 377manufacturers, distributors, wholesalers or retailers submitting unavoidable use exemption
409409 378requests with the clerks of the house of representatives and the senate, the joint committee on
410410 379public health, and shall make the report available on the department’s website. The report shall
411411 380include, but not be limited to: (i) the full name of the manufacturer, distributor, wholesaler or
412412 381retailer applying for an unavoidable use exemption; (ii) if the department granted the
413413 382manufacturer, distributor, wholesaler or retailer an exemption or not; (iii) the department's
414414 383reasoning for granting the exemption; and (iv) the length of the exemption.
415415 384 (d)(1) The department shall, in consultation with the department of environmental
416416 385protection and the Toxics Use Reduction Institute, prepare a study of significant PFAS uses in
417417 386consumer products not subject to this section using publicly available information, within 4 years
418418 387of the passage of this law, and shall update the study within 7 years of the passage of this law.
419419 388The study shall consider whether: (i) safer alternatives to PFAS are reasonably available; (ii) the
420420 389function provided by PFAS in the product is necessary for the product to perform its primary
421421 390function as determined by the department; and (iii) the use of PFAS in the product is essential for
422422 391health or safety. The report shall recommend additional products and product categories to be
423423 392considered for restriction under this section.
424424 393 (d)(2) The department may adopt regulations to implement this section. The department
425425 394may adopt regulations to establish additional consumer products and product components to be
426426 395considered priority products covered by this section. In identifying additional product categories
427427 396for analysis, the department shall consult with Toxics Use Reduction Institute and the department
428428 397of environmental protection. 20 of 30
429429 398 (e) The attorney general shall have the authority to enforce the provisions of this section
430430 399pursuant to G.L. c. 93A, § 4.
431431 400 (f) (1) Notwithstanding any general or special law to the contrary, the department of
432432 401public health shall establish, on or before June 1, 2028, a publicly accessible reporting platform
433433 402to collect information about per- and polyfluoroalkyl substances, or “PFAS”, and consumer
434434 403products or product components containing PFAS being sold, offered for sale, distributed or
435435 404offered for promotional purposes in, or imported into, the state. The department may consult
436436 405with Interstate Chemicals Clearinghouse and may collaborate with other states with prohibitions
437437 406on PFAS to establish such a platform.
438438 407 (2) On or before June 1, 2028, and on or before June 1 of each year thereafter, a
439439 408manufacturer of PFAS or a consumer product or product component containing intentionally
440440 409added PFAS that is sold, offered for sale, distributed or offered for promotional purposes in, or
441441 410imported into, the state shall register the PFAS or the consumer product or product component
442442 411containing intentionally added PFAS on the publicly accessible reporting platform created
443443 412pursuant to paragraph (1), along with all of the following information, as applicable: (i) the name
444444 413and type of consumer product or product component containing intentionally added PFAS; (ii)
445445 414the universal product code, or “UPC,” of the consumer product or product component containing
446446 415intentionally added PFAS; (iii) the name and address of the manufacturer, and the name, address
447447 416and phone number of the contact person for the manufacturer; and (iv) any additional
448448 417information established by the department as necessary to implement the requirements of this
449449 418section. 21 of 30
450450 419 (3) A manufacturer may supply the information required in paragraph (2) for a category
451451 420or type of consumer product rather than for each individual product.
452452 421 (4) In a manner determined by the department, a manufacturer shall update and revise the
453453 422information required under paragraph (2) whenever there is a significant change in the
454454 423information or when requested to do so by the department.
455455 424 (5) The department may establish by regulation and assess a fee payable by a
456456 425manufacturer upon submission of the notification required under paragraph (2) to cover the
457457 426department’s reasonable costs in developing and administering this section and to support the
458458 427purposes outlined in this section collected under this paragraph shall be deposited into the PFAS
459459 428Public Health Trust Fund established under section (j) to be administered by the department for
460460 429the purposes outlined in this section.
461461 430 (6) Any information submitted to, or developed by, the department in furtherance of this
462462 431section, except for the specific information required to be disclosed in subsection (f)(2) of this
463463 432section shall not be a public record and shall be exempt from disclosure under clause twenty-
464464 433sixth of section 7 of chapter 4 and section 10 of chapter 66 of the General Laws.
465465 434 (g) (1) A manufacturer of consumer products registered under paragraph (2) of subsection
466466 435(f) shall send an electronic notification to distributors and wholesalers of the consumer product
467467 436that the consumer product contains PFAS.
468468 437 (2) A distributor or wholesaler who receives a notification pursuant to paragraph (1) shall
469469 438send an electronic notification to retailers of the consumer product that the consumer product
470470 439contains PFAS. 22 of 30
471471 440 (3) The department shall adopt regulations to implement this subsection.
472472 441 (4) The attorney general shall have the authority to enforce the provisions of this
473473 442subsection under G.L. c. 93A, § 4.
474474 443 (h) (1) A manufacturer of any priority products that are sold, offered for sale,
475475 444distributed or offered for promotional purposes in, or imported into, the state shall establish an
476476 445audit program to test for the presence of unintentionally added PFAS using analytical methods
477477 446approved by the department in consultation with the department of environmental protection and
478478 447the Toxics Use Reduction Institute.
479479 448 (2) The department shall establish by regulation and assess a fee payable by a
480480 449manufacturer under paragraph (1) to cover the department’s reasonable costs in testing a
481481 450consumer product for the presence of unintentionally added PFAS at the request of a
482482 451manufacturer. Fees collected under this paragraph shall be deposited into the PFAS Public
483483 452Health Trust Fund established under section (j) to be administered by the department for the
484484 453purposes outlined in this section.
485485 454 (i) (1) There shall be a PFAS Public Health Trust Fund. Expenditures from the fund shall
486486 455be made by the department, without further appropriation and consistent with this section, and
487487 456consistent with the terms of other allocations and monies transferred to this fund, as applicable.
488488 457The commissioner shall administer the fund for purposes outlined in this section, and may make
489489 458expenditures from the fund to develop and implement a multilingual outreach and education
490490 459campaign pursuant to section 29 of chapter 21A of the General Laws.
491491 460 (2) The fund shall be expended to support the education of Massachusetts residents of
492492 461PFAS contamination across the commonwealth and the potential health impacts of PFAS 23 of 30
493493 462exposure, to mitigate the impacts of PFAS in consumer products in the commonwealth, and to
494494 463support the development of PFAS-free alternatives by the Toxic Use Reduction Institute. The
495495 464commissioner shall make necessary expenditures from this account for the shared administrative
496496 465costs of the operations and programs of the department related to the fund, including but not
497497 466limited to the unavoidable use exemption process under section (c) paragraph (5) and the testing
498498 467a consumer product for the presence of unintentionally added PFAS. The commissioner shall
499499 468further direct that monies from the fund shall be expended to provide services in an amount
500500 469reasonably related to such administrative costs. No expenditure shall be made from the fund that
501501 470would cause the fund to be in deficit at the close of a fiscal year. Amounts credited to the fund
502502 471shall not be subject to further appropriation and monies remaining in the fund at the end of the
503503 472fiscal year shall not revert to the General Fund, but shall instead be available for expenditure
504504 473during subsequent fiscal years. Any fiscal year-end balance in the fund shall be excluded from
505505 474the calculation of the consolidated net surplus pursuant to section 5C of chapter 29 of the
506506 475General Laws.
507507 476 (3) There shall be credited to the fund: (i) fees payable by a manufacturer, distributor,
508508 477wholesaler or retailer upon submission of an unavoidable use exemption request under section
509509 478(c) paragraph (5); (ii) transfers from other funds authorized by the general court and so
510510 479designated; (iii) funds from public or private sources, including, but not limited to, gifts, grants,
511511 480donations, rebates, settlements, judgments, awards, and other allocations received by the
512512 481commonwealth designated to the fund; and (iv) any interest earned on such amounts.
513513 482 SECTION 7. Chapter 111 of the General Laws is hereby amended by inserting after
514514 483section 244 the following sections:- 24 of 30
515515 484 Section 245. (a) The following terms shall, unless the context clearly requires
516516 485otherwise, have the following meanings:-
517517 486 “Firefighting personal protective equipment” means any clothing designed, intended or
518518 487marketed to be worn by firefighting personnel in the performance of their duties, designed with
519519 488the intent for the use in fire and rescue activities, including but not limited to: jackets, pants,
520520 489shoes/boots, gloves, helmets and respiratory equipment.
521521 490 “Intentionally added”, PFAS that is added to a product, or enters the product from the
522522 491manufacturing or processing of that product; the addition of which is known or reasonably
523523 492ascertainable by the manufacturer. “Intentionally added” PFAS also includes any degradation by-
524524 493products of PFAS or the use of PFAS or PFAS precursors as a processing agent, mold release
525525 494agent, or the creation of PFAS via chemical reactions.
526526 495 "Known or reasonably ascertainable”, all information in a person's possession or control,
527527 496plus all information that a reasonable person similarly situated might be expected to possess,
528528 497control, or know.
529529 498 “Local governments” includes any county, city, town, fire district, regional fire protection
530530 499authority, or special purpose district that provides firefighting services.
531531 500 “Manufacturer”, any person, firm or corporation that manufactures or distributes
532532 501firefighting agents or firefighting equipment. In the case of a product imported into the United
533533 502States, “manufacturer” includes the importer or first domestic distributor of the product if the
534534 503person that manufactured or assembled or whose brand name is affixed to the product does not
535535 504have a presence in the United States. 25 of 30
536536 505 "Per- and polyfluoroalkyl substances" or “PFAS”, a class of fluorinated organic
537537 506chemicals containing at least one fully fluorinated carbon atom.
538538 507 (b) (1) A manufacturer or other person that sells firefighting personal protective
539539 508equipment containing PFAS to any person, local government or state agency shall provide
540540 509written notice to the purchaser at the time of sale: (i) that the firefighting personal protective
541541 510equipment contains PFAS; (ii) the reason PFAS are added to the equipment; and (iii) the
542542 511specific PFAS within the product listed by chemical name and abbreviated name.
543543 512 (2) The manufacturer or other person selling firefighting personal protective equipment
544544 513and the purchaser of the equipment shall retain a copy of the notice required pursuant to this
545545 514subsection on file for at least 3 years from the date of the purchase. Upon the request of the
546546 515department, a person, manufacturer, or purchaser shall furnish the notice, or written copies, and
547547 516associated sales documentation to the department within 60 days of such request.
548548 517 SECTION 8. Said section 246 of said chapter 111 of the General Laws, is hereby
549549 518amended by striking out subsection (b) and inserting in place thereof the following subsection:-
550550 519 (b) A manufacturer or other person that sells firefighting personal protective equipment to
551551 520any person, local government, or state agency shall not manufacture, knowingly sell, offer for
552552 521sale, distribute for sale, or distribute for use in the commonwealth any firefighting personal
553553 522protective equipment containing intentionally added PFAS.
554554 523 SECTION 9. Chapter 22D of the General Laws is hereby amended by inserting after
555555 524section 6 the following sections:- 26 of 30
556556 525 Section 7. (a) The following terms shall, unless the context clearly requires otherwise,
557557 526have the following meanings:
558558 527 “Department”, department of fire services
559559 528 “Intentionally added”, PFAS that is added to a product, or enters the product from the
560560 529manufacturing or processing of that product; and the addition of PFAS is known or reasonably
561561 530ascertainable by the manufacturer. “Intentionally added” PFAS also includes any degradation by-
562562 531products of PFAS or the use of PFAS or PFAS precursors as a processing agent, mold release
563563 532agent, or the creation of PFAS via chemical reactions.
564564 533 "Known or reasonably ascertainable”, all information in a person's possession or control,
565565 534plus all information that a reasonable person similarly situated might be expected to possess,
566566 535control, or know.
567567 536 "Per- and polyfluoroalkyl substances" or “PFAS”, a class of fluorinated organic
568568 537chemicals containing at least one fully fluorinated carbon atom.
569569 538 (b) Notwithstanding any general or special law to the contrary, no person, local
570570 539government or state agency shall use a Class B firefighting foam that contains intentionally
571571 540added PFAS in any amount for training or testing purposes.
572572 541 (c) Any person, unit of local government, fire department, or state agency that discharges
573573 542or releases Class B firefighting foam that contains intentionally added PFAS must notify the
574574 543department of environmental protection’s emergency response line as soon as possible but no
575575 544later than within 24 hours of the discharge or release. 27 of 30
576576 545 (d) The department shall assist the department of public health’s Occupational Health
577577 546Surveillance Program in collecting data on occupational exposure to PFAS, including, but not
578578 547limited to, firefighters. The restrictions in subsections (b) and (c) of this section do not apply to
579579 548any manufacture, sale, or distribution of class B firefighting foam where the inclusion of PFAS
580580 549chemicals are required by federal law, including but not - limited to the requirements of 14
581581 550C.F.R. 139.317, as that section existed as of January 1, 2025. In the event that applicable federal
582582 551regulations change after January 1, 2025, to allow the use of alternative firefighting agents that
583583 552do not contain PFAS chemicals, the restrictions set forth in subsections (b) and (c) shall apply.
584584 553 SECTION 10. Section 12 of chapter 61A of the General Laws is hereby amended by
585585 554inserting after the second paragraph the following paragraph:-
586586 555 No conveyance tax under this section shall be assessed on land that is removed from
587587 556agricultural or horticultural use due to regulatory action regarding the actual or suspected
588588 557presence of PFAS in soil, water, or agricultural products derived from such land. For the
589589 558purposes of this paragraph, “PFAS” shall mean a class of fluorinated organic compounds
590590 559containing at least one fully fluorinated carbon atom. The commissioner of agricultural
591591 560resources, in consultation with the commissioner of revenue and the commissioner of
592592 561environmental protection, may promulgate regulations to enforce this paragraph.
593593 562 SECTION 11. Section 13 of chapter 61A of the General Laws is hereby amended by
594594 563adding the following subsection:-
595595 564 (e) No roll-back tax imposed by this section shall be assessed on land that no longer
596596 565meets the definition of land actively devoted to agricultural, horticultural or agricultural and
597597 566horticultural use due to regulatory action regarding the actual or suspected presence of PFAS in 28 of 30
598598 567soil, water, or agricultural products derived from such land. For the purposes of this subsection,
599599 568“PFAS” shall mean a class of fluorinated organic compounds containing at least one fully
600600 569fluorinated carbon atom. The commissioner of agricultural resources, in consultation with the
601601 570commissioner of revenue and the commissioner of environmental protection, may promulgate
602602 571regulations to enforce this subsection.
603603 572 SECTION 12. The department of public health, in consultation with department of
604604 573environmental protection and the department of agricultural resources, shall procure or otherwise
605605 574employ an external research organization, which has the capacity to study per- and
606606 575polyfluoroalkyl substances and the effect PFAS has on agricultural products produced and sold
607607 576in the commonwealth; provided, that the research organization shall have: (1) extensive
608608 577experience with a wide variety of agricultural products and environmental matrices, including, 2
609609 578of 2 but not limited to, plants and animals; (2) a current QAPP (“Quality Assurance Project
610610 579Plan”) through the United States Environmental Protection Agency; (3) current sampling and
611611 580chain of custody protocols; (4) experience handling complex agricultural matrices; and (5) access
612612 581to state of-the art mass spectrometers. The study shall include findings on the levels of PFAS
613613 582found in: (1) in agricultural products sold in Massachusetts stores; (2) locally sourced
614614 583agricultural products; and (3) agricultural inputs including, but not limited to, feed, water,
615615 584fertilizer, and pesticides. The department shall make said report publicly available with the
616616 585department’s findings on the department’s website. The commissioner shall file a progress report
617617 586in writing of the findings, including food and agricultural sources of contamination, within 365
618618 587days of the passage of this act; provided, that the report shall be filed with the house and senate
619619 588committees on ways and means, the joint committee on environment and natural resources, the 29 of 30
620620 589joint committee on public health, and the joint committee on agriculture on or before August 31,
621621 5902025.
622622 591 SECTION 13. Subsection (c) of said section 43B of said chapter 21 shall take effect two
623623 592years after United States Environmental Protection Agency Method 1633 is available to the
624624 593public.
625625 594 SECTION 14. Section 3 shall take effect January 1, 2030.
626626 595 SECTION 15. Section 5T of said chapter 111 shall take effect January 1, 2030.
627627 596 SECTION 16. Subsection (b) of said section 5U of said chapter 111 shall take effect
628628 597January 1, 2029.
629629 598 SECTION 17. Subsection (c) of said section 5U of said chapter 111 shall take effect
630630 599January 1, 2035.
631631 600 SECTION 18. Paragraph (1) of said subsection (g) of said section 5U of said chapter 111
632632 601shall take effect June 1, 2030.
633633 602 SECTION 19. Subsection (h) of said section 5U of said chapter 111 shall take effect
634634 603January 1, 2030.
635635 604 SECTION 20. Subsection (i) of said section 5U of said chapter 111 shall take effect
636636 605January 1, 2035.
637637 606 SECTION 21. Section 245 of said chapter 111 shall take effect on the 180th day
638638 607following enactment.
639639 608 SECTION 22. Section 246 of said chapter 111 shall take effect January 1, 2028. 30 of 30
640640 609 SECTION 23. Section 3 shall take effect on the 180th day following enactment.
641641 610 SECTION 24. Section 7 shall take effect January 1, 2029.
642642 611 SECTION 25. Section 12 shall take effect no later than 180 days after passage of this act.