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