MA
Massachusetts Senate Bill S1504

Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1504 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 1 of 1
22 SENATE DOCKET, NO. 2403 FILED ON: 1/17/2025
33 SENATE . . . . . . . . . . . . . . No. 1504
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 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 :Julian CyrCape and IslandsJoanne M. ComerfordHampshire, Franklin and Worcester1/28/2025James B. EldridgeMiddlesex and Worcester2/11/2025John F. KeenanNorfolk and Plymouth2/24/2025Bruce E. TarrFirst Essex and Middlesex2/27/2025 1 of 26
1616 SENATE DOCKET, NO. 2403 FILED ON: 1/17/2025
1717 SENATE . . . . . . . . . . . . . . No. 1504
1818 By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1504) of Julian Cyr, Joanne M.
1919 Comerford, James B. Eldridge, John F. Keenan and others for legislation to protect
2020 Massachusetts public health from Per- and polyfluoroalkyl substances (PFAS) a group of
2121 chemicals that are used in many consumer products and industrial processes. 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, 2 of 26
4040 9region or district, including, but not limited to, municipal boards of health, regional health
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 fund shall
5555 24be made by the department, without further appropriation and consistent with this section, the
5656 25terms of settlements, judgments, and awards made in connection with claims arising from the
5757 26manufacture, marketing or sale of PFAS and PFAS-containing products, and consistent with the
5858 27terms of other allocations and monies transferred to this fund, as applicable. The commissioner
5959 28shall administer the fund, shall prioritize expenditures to communities with vulnerable
6060 29environmental justice populations, and may make expenditures from the fund to develop and 3 of 26
6161 30implement a multilingual outreach and education program pursuant to section 29 of chapter 21A
6262 31of 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 or
6767 36other public entities with a direct impact on public water supplies, private well owners, and
6868 37public water systems with the cost of PFAS treatment and remediation, including but not limited
6969 38to remediation projects, treatment, and mitigation. The commissioner shall make necessary
7070 39expenditures from this account for the shared administrative costs of the operations and
7171 40programs of the department related to the fund. The commissioner shall further direct that
7272 41monies from the fund shall be expended to provide services in an amount reasonably related to
7373 42such administrative costs. No expenditure shall be made from the fund that would cause the fund
7474 43to be in deficit at the close of a fiscal year. Amounts credited to the fund shall not be subject to
7575 44further appropriation and monies remaining in the fund at the end of the fiscal year shall not
7676 45revert to the General Fund but shall instead be available for expenditure during subsequent fiscal
7777 46years. Any fiscal year-end balance in the fund shall be excluded from the calculation of the
7878 47consolidated net surplus pursuant to section 5C of chapter 29 of the General Laws.
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 26
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 26
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. Eligible
123123 92spending for grants shall include, but is not limited to, payment to vendors for PFAS water
124124 93testing and installation and maintenance of PFAS treatment systems, provided that such private
125125 94well users and owners can establish that their income was below the state median household
126126 95income rate in the year in which the costs were incurred and that such costs were incurred after
127127 96the effective date of this section. 6 of 26
128128 97 (2) Boards of health may elect to receive funding from the fund pursuant to any program
129129 98established pursuant to paragraph (1), and may apply for and receive grants from the fund
130130 99necessary to cover reasonable administrative costs related to implementation of said paragraph
131131 100(1). Boards of health that elect to participate shall amend their codes to require private well water
132132 101quality testing for PFAS for property sales and new construction consistent with model bylaws
133133 102and ordinances provided by the department through program guidance.
134134 103 (3) Annually, not later than August 31, boards of health that elect to participate pursuant
135135 104to paragraph (2) shall submit a report to the department including information demonstrating
136136 105compliance during the preceding fiscal year with said paragraph (2) and other such information
137137 106as required by the department.
138138 107 (g) Annually, not later than October 1, the department shall file a report on the activity,
139139 108revenue and expenditures to and from the fund in the prior fiscal year with the clerks of the
140140 109house of representatives and the senate and the house and senate committees on ways and means,
141141 110and shall make the report available on the department’s website. The report shall include, but not
142142 111be limited to: (i) revenue credited to the fund; (ii) the amount of expenditure attributable to the
143143 112administrative costs of the department; (iii) an itemized list of expenditures from the fund; (iv)
144144 113rebate and grant expenditures to private well users and owners and municipal administrative
145145 114expenses of boards of health opting into such rebate and grant programs; and (v) data and a
146146 115report of how resources have been directed to environmental justice populations.
147147 116 SECTION 2. Chapter 21 of the General Laws is hereby amended by inserting after
148148 117section 43A the following section:- 7 of 26
149149 118 Section 43B. (a) The department of environmental protection shall amend each
150150 119groundwater discharge permit upon renewal with requirements for monitoring and reporting of
151151 120per- and polyfluoroalkyl substances using United States Environmental Protection Agency
152152 121analytical methods as specified by the department.
153153 122 (b) The department of environmental protection shall amend its surface water discharge
154154 123permits issued to industrial permittees and groundwater discharge permits issued to industrial
155155 124permittees upon renewal with requirements to implement best management practices for
156156 125discharges of PFAS, including, but not limited to: (i) product elimination or substitution when a
157157 126reasonable alternative to using PFAS is available in the industrial process; (ii) accidental
158158 127discharge minimization; and (iii) equipment decontamination or replacement where PFAS
159159 128products have historically been used. These industrial permittees shall include those that use or
160160 129previously used PFAS or PFAS products or those where best management practices are
161161 130warranted based on the department’s review of discharge monitoring.
162162 131 (c) The department of environmental protection shall include effluent limitations and
163163 132treatment requirements for PFAS in groundwater discharge permits upon renewal.
164164 133 SECTION 3. The department of environmental protection shall promulgate regulations to
165165 134implement a schedule for phasing out the use, sale, or distribution, or offer for use, sale, or
166166 135distribution of sludge without the department’s site-specific approval in the commonwealth, and
167167 136shall not include the disposal or placement of sludge at a solid waste landfill, hazardous waste
168168 137landfill or sludge landfill. For the purposes of this section, “sludge” shall mean the solid, semi
169169 138solid, and liquid residue that results from a process of wastewater treatment or drinking water 8 of 26
170170 139treatment, and does not include grit, screening, or grease and oil removed at the headworks of a
171171 140wastewater or drinking water facility.
172172 141 SECTION 4. Not later than December 31, 2030, the department of environmental
173173 142protection shall submit a report to the Chairs of the Joint Committee on Public Health and the
174174 143Joint Committee on Environment and Natural Resources regarding its progress in establishing
175175 144standards to monitor PFAS in ambient air. This report shall include, but not be limited to: (i) the
176176 145department’s capacity to establish these standards; (ii) the steps the department has taken or
177177 146plans to take to establish these standards; and; (iii) a projected timeline detailing when the
178178 147department expects to finish establishing standards to monitor PFAS in ambient air.
179179 148 SECTION 5. Chapter 21A of the General Laws is hereby amended by inserting after31
180180 149section 28 the following section:-
181181 150 Section 29. (a) The department, in consultation with the department of public health, shall
182182 151develop and implement a multilingual public awareness campaign to promote the education of
183183 152Massachusetts residents, including environmental justice populations, of per- and
184184 153polyfluoroalkyl substances contamination across the commonwealth and potential health impacts
185185 154of PFAS exposure.. The campaign shall include the development and distribution of educational
186186 155materials, drafted in plain language to the extent possible, the content of which shall include, but
187187 156not be limited to: (i) the potential health impacts of PFAS exposure; (ii) the routes of PFAS
188188 157exposure, including but not limited to, drinking water, groundwater, surface water, wastewater,
189189 158land application of biosolids, landfills, air, and fish tissue; (iii) consumer products that are known
190190 159to contain PFAS; (iv) PFAS in Class B firefighting foam; (v) a list of facilities that are known
191191 160and potential sources of PFAS and are required to prepare a toxics use reduction plan for PFAS 9 of 26
192192 161within 10 miles of the environmental justice populations; (vi) assistance programs for PFAS
193193 162remediation; (vii) citizen involvement pursuant to G.L. c. 21I, § 18; and (viii) assistance
194194 163programs for PFAS remediation.
195195 164 (b) The educational materials shall be translated into the native languages spoken by the
196196 165impacted environmental justice populations based on the federal census definition of English
197197 166isolation. Such educational materials shall be made available to, but not be limited to: (i)
198198 167community centers; (ii) health care centers; (iii) schools, (iv) places of worship; (v) the
199199 168department of education; (vi) and the department of early education and care.
200200 169 (c) The department may contract or associate with public and private agencies and
201201 170organizations for the preparation of said educational materials on PFAS exposure, other pertinent
202202 171resource information on the matter of PFAS contamination and conducting educational
203203 172programs. The department may use funds from the Fund, as established in section 35TTT of
204204 173chapter 10 of the general laws, for such contracts.
205205 174 SECTION 6. Chapter 111 of the General Laws is hereby amended by inserting after
206206 175section 5S the following sections:-
207207 176 Section 5T. (a) As used in this section, the following words shall, unless the context
208208 177clearly requires otherwise, have the following meanings:-
209209 178 “Agricultural products”, any vegetable, fruit, dairy, meat, fish, and poultry, and
210210 179agricultural inputs, such as, but not limited to, feed, water, fertilizer, pesticides, produced and
211211 180sold commercially in Massachusetts.
212212 181 “Department”, the department of public health. 10 of 26
213213 182 “Food package", a package or packaging component that is intended for the marketing,
214214 183protection or handling of a product intended for direct food contact or used to store food and
215215 184foodstuffs for sale.
216216 185 “Fully fluorinated carbon atom”, a carbon atom on which all the hydrogen substituents
217217 186have been replaced by fluorine.
218218 187 “Intentionally added”, PFAS that is added to a product, or enters the product from the
219219 188manufacturing or processing of that product; the addition of which is known or reasonably
220220 189ascertainable by the manufacturer. “Intentionally added” PFAS also includes any degradation by-
221221 190products of PFAS or the use of PFAS or PFAS precursors as a processing agent, mold release
222222 191agent, or the creation of PFAS via chemical reactions.
223223 192 "Known or reasonably ascertainable”, all information in a person's possession or control,
224224 193plus all information that a reasonable person similarly situated might be expected to possess,
225225 194control, or know.
226226 195 "Manufacturer", a person, firm, association, partnership, government entity, organization,
227227 196joint venture or corporation that applies a package to a product for distribution or sale.
228228 197 "Package", a container providing a means of marketing, protecting or handling a product
229229 198which shall include a unit package, an intermediate package, a package used for shipping or
230230 199transport and unsealed receptacles such as carrying cases, crates, cups, pails, rigid foil and other
231231 200trays, wrappers and wrapping films, bags and tubs. 11 of 26
232232 201 "Packaging component", an individual assembled part of a package including, but not
233233 202limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior
234234 203strapping, coatings, closures, inks and labels.
235235 204 "Per- and polyfluoroalkyl substances" or “PFAS”, a class of fluorinated organic
236236 205chemicals containing at least one fully fluorinated carbon atom.
237237 206 (b) No manufacturer shall sell, offer for sale, distribute for sale, or distribute for use in
238238 207the commonwealth food packaging to which PFAS have been intentionally added in any amount.
239239 208 (c) The department, in consultation with department of environmental protection and the
240240 209department of agricultural resources, shall procure or otherwise employ an external research
241241 210organization, which has the capacity to study per- and polyfluoroalkyl substances and the effect
242242 211PFAS has on agricultural products produced and sold in the commonwealth; provided, that the
243243 212research organization shall have: (1) extensive experience with a wide variety of agricultural
244244 213products and environmental matrices, including, but not limited to, plants and animals; (2) a
245245 214current QAPP (“Quality Assurance Project Plan”) through the United States Environmental
246246 215Protection Agency; (3) current sampling and chain of custody protocols; (4) experience handling
247247 216complex agricultural matrices; and (5) access to state-of-the art mass spectrometers. The study
248248 217shall include findings on the levels of PFAS found in: (1) in agricultural products sold in
249249 218Massachusetts stores; (2) locally sourced agricultural products; and (3) agricultural inputs
250250 219including, but not limited to, feed, water, fertilizer, and pesticides. The department shall make
251251 220said report publicly available with the department’s findings on the department’s website. The
252252 221commissioner shall file a progress report in writing of the findings, including food and
253253 222agricultural sources of contamination, within 365 days of the passage of this act; provided, that 12 of 26
254254 223the report shall be filed with the house and senate committees on ways and means, the joint
255255 224committee on environment and natural resources, the joint committee on public health, and the
256256 225joint committee on agriculture on or before August 31, 2027.
257257 226 Section 5U. (a) As used in this section, the following words shall, unless the context
258258 227clearly requires otherwise, have the following meanings:-
259259 228 “Child passenger restraint”, a child passenger restraint under G.L. c. 90, § 7AA.
260260 229 “Children’s product”, consumer products intended, made or marketed for use by children
261261 23012 years of age or under, including: (i) toys; (ii) children’s clothing; (iii) children's cosmetics and
262262 231personal care products; (iv) children's jewelry and novelty products; (v) children’s school
263263 232supplies; (vi) children’s arts and crafts supplies, including model making supplies (vii) children’s
264264 233bedding, furniture, and furnishings; (viii) child car seats; (ix) products to help a child with
265265 234sucking or teething, or to facilitate sleep, relaxation, or the feeding of a child; (x) products that
266266 235meet any of the following conditions: represented in its packaging, display, or advertising as
267267 236appropriate for use by children, sold in conjunction with, attached to, or packaged together with
268268 237other products that are packaged, displayed, or advertised as appropriate for use by children sold
269269 238in a retail store, catalogue, or online website, in which a person exclusively offers for sale
270270 239products that are packaged, displayed, or advertised as appropriate for use by children, or sold in
271271 240a discrete portion of a retail store, catalogue, or online website, in which a person offers for sale
272272 241products that are packaged, displayed, or advertised as appropriate for use by children; provided,
273273 242however, that “children’s product” shall not include: (i) batteries; (ii) slings and catapults; (iii)
274274 243sets of darts with metallic points; (iv) toy steam engines; (v) bicycles and tricycles; (vi) video
275275 244toys that can be connected to video screen and are operated at a nominal voltage exceeding 13 of 26
276276 245twenty-four volts; (vii) chemistry sets; (viii) consumer and children's electronic products,
277277 246including but not limited to personal computers, audio and video equipment, calculators, wireless
278278 247phones, game consoles, and handheld devices incorporating a video screen, used to access
279279 248interactive software and their associated peripherals; (ix) interactive software, intended for
280280 249leisure and entertainment, including computer games and their storage media, including compact
281281 250disks; (x) BB guns, pellet guns and air rifles; (xi) snow sporting equipment, including skis, poles,
282282 251boots, snow boards, sleds and bindings; (xii) roller skates; (xiii) scooters; (xiv) model rockets;
283283 252(xv) athletic shoes with cleats or spikes; (xvi) pocketknives and multitools; (xvii) pharmaceutical
284284 253products and biologics; and (xviii) medical devices, as defined in the federal Food, Drug, and
285285 254Cosmetic Act, U,S,C, 21 section 321(h).
286286 255 “Consumer product,” any article that, to any significant extent, is distributed in
287287 256commerce for personal use or consumption by individuals.
288288 257 “Cookware”, durable houseware items that are used in homes and restaurants to prepare,
289289 258dispense, or store food, foodstuffs or beverages, including, but not limited to, pots, pans, skillets,
290290 259grills, baking sheets, baking molds, trays, bowls and cooking utensils.
291291 260 “Current unavoidable use”, a use of PFAS that the department has determined under this
292292 261section to be: (i) essential for health, safety or the functioning of society; (ii) necessary for the
293293 262proper operation and functionality of a product; and; (iii) for which safer alternatives are not
294294 263reasonably available.
295295 264 “Department”, the department of public health.
296296 265 “Distributor”, any person, firm or corporation who takes title to goods, produced either
297297 266domestically or in a foreign country, purchased for resale or promotional purposes. 14 of 26
298298 267 “Fabric treatment”, a substance applied to fabric, carpets, rugs, shoes or textiles to impart
299299 268characteristics, including, but not limited to, stain resistance or water resistance.
300300 269 “Fully fluorinated carbon atom”, a carbon atom on which all the hydrogen substituents
301301 270have been replaced by fluorine. “Intentionally added”, PFAS that is added to a product, or enters
302302 271the product from the manufacturing or processing of that product; the addition of which is known
303303 272or reasonably ascertainable by the manufacturer. “Intentionally added” PFAS also includes any
304304 273degradation by-products of PFAS or the use of PFAS or PFAS precursors as a processing agent,
305305 274mold release agent, or the creation of PFAS via chemical reactions.
306306 275 "Known or reasonably ascertainable”, all information in a person's possession or control,
307307 276plus all information that a reasonable person similarly situated might be expected to possess,
308308 277control, or know.
309309 278 “Manufacturer”, any person, firm or corporation that manufactures a product whose
310310 279brand name is affixed to the product. In the case of a product imported into the United States,
311311 280“manufacturer” includes the importer or first domestic distributor of the product if the person
312312 281that manufactured or assembled or whose brand name is affixed to the product does not have a
313313 282presence in the United States.
314314 283 “Per- and polyfluoroalkyl substances” or “PFAS”, a class of fluorinated organic
315315 284chemicals containing at least one fully fluorinated carbon atom.
316316 285 “Personal care products”, articles intended to be rubbed, poured, sprinkled, or sprayed on,
317317 286introduced into or otherwise applied to the human body for cleansing, beautifying, promoting
318318 287attractiveness or altering the appearance. Personal care products shall include products such as
319319 288skin moisturizers, perfumes, lipsticks, fingernail polishes, eye and facial makeup preparations, 15 of 26
320320 289shampoos, permanent waves, hair colors, toothpastes, sunscreen, hair spray, shaving cream and
321321 290deodorants, as well as any material intended for use as a component of a cosmetic product.
322322 291Personal care products shall also include, but not be limited to, menstrual products such as
323323 292sanitary napkins, menstrual underwear, tampons and underwear liners.
324324 293 “Priority product,” any child passenger restraint, children’s product, cookware, fabric
325325 294treatment, personal care products, rugs and carpets, textile, textile furnishings, or upholstered
326326 295furniture.
327327 296 “Product component”, a component of a consumer product, including the product’s
328328 297ingredients or a part of the product, regardless of whether the manufacturer of the consumer
329329 298product is the manufacturer of the component.
330330 299 “Product label”, a display of written, printed or graphic material that appears on, or is
331331 300affixed to, the exterior of a product, or its exterior container or wrapper that is visible to a
332332 301consumer, if the product has an exterior container or wrapper.
333333 302 “Retailer”, any person, firm or corporation to whom a consumer product is delivered or
334334 303sold, if such delivery or sale is for purposes of sale or distribution in commerce to purchasers
335335 304who buy such product for purposes other than resale.
336336 305 “Rugs and carpets”, fabric used to or marketed to cover floors.
337337 306 “Textile”, any item made in whole or part from a natural or synthetic fiber, yarn, or
338338 307fabric. Textile includes but is not limited to leather, cotton, silk, jute, hemp, wool, viscose, nylon,
339339 308and polyester. 16 of 26
340340 309 “Textile furnishings”, textile goods of a type customarily used in households and
341341 310businesses, including but not limited to draperies, floor coverings, furnishings, bedding, towels,
342342 311and tablecloths.
343343 312 “Upholstered furniture'', as defined in G.L. c. 94, § 270.
344344 313 “Wholesaler,” any person, firm or corporation to whom a consumer product is delivered
345345 314or sold, if such delivery or sale is for purposes of sale or distribution in commerce to purchasers
346346 315who buy such product for purposes of resale.
347347 316 (b) (1) No manufacturer, distributor, wholesaler or retailer shall offer for sale, sell or
348348 317distribute in the commonwealth any priority products to which PFAS have been intentionally
349349 318added on or after January 1, 2029.
350350 319 (2) The prohibitions of this subsection shall not apply to the sale or resale of used
351351 320products.
352352 321 (c) (1) No manufacturer, distributor, wholesaler or retailer shall offer for sale, sell or
353353 322distribute in the commonwealth any consumer product that the department has identified for
354354 323restriction, including but not limited to priority products, to which PFAS have been intentionally
355355 324added, unless the department, in consultation with the department of environmental protection
356356 325and the Toxics Use Reduction Institute, has determined that the use of PFAS in the consumer
357357 326product is a currently unavoidable use and grants a temporary exemption at intervals of no more
358358 327than 4 years.
359359 328 (2) The department may assess a fee to cover the department’s reasonable costs and to
360360 329support the purposes outlined in this section payable by a manufacturer, distributor, wholesaler 17 of 26
361361 330or retailer upon submission of an unavoidable use exemption request under section (c) paragraph
362362 331(5). Fees collected under this paragraph shall be deposited into the PFAS Public Health Trust
363363 332Fund established under section (j) to be administered by the department for the purposes outlined
364364 333in this section.
365365 334 (3) In the event that the department makes such a determination and grants an
366366 335unavoidable use exemption, the department may require the manufacturer, distributor,
367367 336wholesaler or retailer to label the product or products in a form and manner determined by the
368368 337department.
369369 338 (4) The prohibitions of this subsection shall not apply to the sale or resale of used
370370 339consumer products that the department has identified for restriction, including but not limited to
371371 340priority products.
372372 341 (5) Consumer products or product categories in which the use of PFAS is a currently
373373 342unavoidable use, as determined by the department, may be exempted for a fee to cover the
374374 343department’s reasonable costs and to support the purposes outlined in this section, pursuant to a
375375 344process established years. Fees collected under this paragraph shall be deposited into the PFAS
376376 345Public Health Trust Fund established under section (j) to be administered by the department for
377377 346the purposes outlined in this section.
378378 347 (6) Annually, not later than December 31, the department shall file a report on the
379379 348manufacturers, distributors, wholesalers or retailers submitting unavoidable use exemption
380380 349requests with the clerks of the house of representatives and the senate, the joint committee on
381381 350public health, and shall make the report available on the department’s website. The report shall
382382 351include, but not be limited to: (i) the full name of the manufacturer, distributor, wholesaler or 18 of 26
383383 352retailer applying for an unavoidable use exemption; (ii) if the department granted the
384384 353manufacturer, distributor, wholesaler or retailer an exemption or not; (iii) the department's
385385 354reasoning for granting the exemption; and (iv) the length of the exemption.
386386 355 (d)(1) The department shall, in consultation with the department of environmental
387387 356protection and the Toxics Use Reduction Institute, prepare a study of significant PFAS uses in
388388 357consumer products not subject to this section using publicly available information, within 4 years
389389 358of the passage of this law, and shall update the study within 7 years of the passage of this law.
390390 359The study shall consider whether: (i) safer alternatives to PFAS are reasonably available; (ii) the
391391 360function provided by PFAS in the product is necessary for the product to perform its primary
392392 361function as determined by the department; and (iii) the use of PFAS in the product is essential for
393393 362health or safety. The report shall recommend additional products and product categories to be
394394 363considered for restriction under this section.
395395 364 (d)(2) The department shall adopt regulations to implement this section. The department
396396 365may adopt regulations to establish additional consumer products and product components to be
397397 366considered priority products covered by this section. In identifying additional product categories
398398 367for analysis, the department shall consult with Toxics Use Reduction Institute and the department
399399 368of environmental protection.
400400 369 (e) The attorney general shall have the exclusive authority to enforce the provisions of
401401 370this section pursuant to G.L. c. 93A, § 4.
402402 371 (f) (1) Notwithstanding any general or special law to the contrary, the department of
403403 372public health shall establish, on or before June 1, 2028, a publicly accessible reporting platform
404404 373to collect information about per- and polyfluoroalkyl substances, or “PFAS”, and consumer 19 of 26
405405 374products or product components containing PFAS being sold, offered for sale, distributed or
406406 375offered for promotional purposes in, or imported into, the state. The department may consult
407407 376with Interstate Chemicals Clearinghouse and may collaborate with other states with prohibitions
408408 377on PFAS to establish such a platform.
409409 378 (2) On or before June 1, 2028, and on or before June 1 of each year thereafter, a
410410 379manufacturer of PFAS of a priority product, additional consumer products identified for
411411 380restriction by the department or product component containing intentionally added PFAS that is
412412 381sold, offered for sale, distributed or offered for promotional purposes in, or imported into, the
413413 382state shall register the PFAS or the consumer product or product component containing
414414 383intentionally added PFAS on the publicly accessible reporting platform created pursuant to
415415 384paragraph (1), along with all of the following information, as applicable: (i) the name and type of
416416 385consumer product or product component containing intentionally added PFAS; (ii) the universal
417417 386product code, or “UPC,” of the consumer product or product component containing intentionally
418418 387added PFAS; (iii) the name and address of the manufacturer, and the name, address and phone
419419 388number of the contact person for the manufacturer; and (iv) any additional information
420420 389established by the department as necessary to implement the requirements of this section.
421421 390 (3) With the approval of the department, a manufacturer may supply the information
422422 391required in paragraph (2) for a category or type of consumer product rather than for each
423423 392individual product.
424424 393 (4) In a manner determined by the department, a manufacturer shall update and revise the
425425 394information required under paragraph (2) whenever there is a significant change in the
426426 395information or when requested to do so by the department. 20 of 26
427427 396 (5) The department may establish by regulation and assess a fee payable by a
428428 397manufacturer upon submission of the notification required under paragraph (2) to cover the
429429 398department’s reasonable costs in developing and administering this section and to support the
430430 399purposes outlined in this section collected under this paragraph shall be deposited into the PFAS
431431 400Public Health Trust Fund established under section (j) to be administered by the department for
432432 401the purposes outlined in this section.
433433 402 (6) Any information submitted to, or developed by, the department in furtherance of this
434434 403section, except for the specific information required to be disclosed in subsection (f)(2) of this
435435 404section shall not be a public record and shall be exempt from disclosure under clause twenty-
436436 405sixth of section 7 of chapter 4 and section 10 of chapter 66 of the General Laws.
437437 406 (g) (1) A manufacturer of consumer products registered under paragraph (2) of subsection
438438 407(f) shall send an electronic notification to distributors and wholesalers of the consumer product
439439 408that the consumer product contains PFAS.
440440 409 (2) A distributor or wholesaler who receives a notification pursuant to paragraph (1) shall
441441 410send an electronic notification to retailers of the consumer product that the consumer product
442442 411contains PFAS.
443443 412 (3) The department shall adopt regulations to implement this subsection.
444444 413 (4) The attorney general shall have the authority to enforce the provisions of this
445445 414subsection under G.L. c. 93A, § 4.
446446 415 (h) (1) A manufacturer of any priority products that are sold, offered for sale, distributed
447447 416or offered for promotional purposes in, or imported into, the state shall establish an audit 21 of 26
448448 417program to test for the presence of unintentionally added PFAS using analytical methods
449449 418approved by the department in consultation with the department of environmental protection and
450450 419the Toxics Use Reduction Institute.
451451 420 (2) The department shall establish by regulation and assess a fee payable by a
452452 421manufacturer under paragraph (1) to cover the department’s reasonable costs in testing a
453453 422consumer product for the presence of unintentionally added PFAS at the request of a
454454 423manufacturer. Fees collected under this paragraph shall be deposited into the PFAS Public
455455 424Health Trust Fund established under section (j) to be administered by the department for the
456456 425purposes outlined in this section.
457457 426 (i) (1) There shall be a PFAS Public Health Trust Fund. Expenditures from the fund shall
458458 427be made by the department, without further appropriation and consistent with this section, and
459459 428consistent with the terms of other allocations and monies transferred to this fund, as applicable.
460460 429The commissioner shall administer the fund for purposes outlined in this section, and may make
461461 430expenditures from the fund to develop and implement a multilingual outreach and education
462462 431campaign pursuant to section 29 of chapter 21A of the General Laws.
463463 432 (2) The fund shall be expended to support the education of Massachusetts residents of
464464 433PFAS contamination across the commonwealth and the potential health impacts of PFAS
465465 434exposure, to mitigate the impacts of PFAS in consumer products in the commonwealth, and to
466466 435support the development of PFAS-free alternatives by the Toxic Use Reduction Institute. The
467467 436commissioner shall make necessary expenditures from this account for the shared administrative
468468 437costs of the operations and programs of the department related to the fund, including but not
469469 438limited to the unavoidable use exemption process under section (c) paragraph (5) and the testing 22 of 26
470470 439a consumer product for the presence of unintentionally added PFAS. The commissioner shall
471471 440further direct that monies from the fund shall be expended to provide services in an amount
472472 441reasonably related to such administrative costs. No expenditure shall be made from the fund that
473473 442would cause the fund to be in deficit at the close of a fiscal year. Amounts credited to the fund
474474 443shall not be subject to further appropriation and monies remaining in the fund at the end of the
475475 444fiscal year shall not revert to the General Fund, but shall instead be available for expenditure
476476 445during subsequent fiscal years. Any fiscal year-end balance in the fund shall be excluded from
477477 446the calculation of the consolidated net surplus pursuant to section 5C of chapter 29 of the
478478 447General Laws.
479479 448 (3) There shall be credited to the fund: (i) fees payable by a manufacturer, distributor,
480480 449wholesaler or retailer upon submission of an unavoidable use exemption request under section
481481 450(c) paragraph (5); (ii) transfers from other funds authorized by the general court and so
482482 451designated; (iii) funds from public or private sources, including, but not limited to, gifts, grants,
483483 452donations, rebates, settlements, judgments, awards, and other allocations received by the
484484 453commonwealth designated to the fund; and (iv) any interest earned on such amounts.
485485 454 SECTION 7. Chapter 22D of the General Laws is hereby amended by inserting after
486486 455section 6 the following sections:-
487487 456 Section 7. (a) The following terms shall, unless the context clearly requires otherwise,
488488 457have the following meanings:
489489 458 “Department”, department of fire services
490490 459 “Intentionally added”, PFAS that is added to a product, or enters the product from the
491491 460manufacturing or processing of that product; and the addition of PFAS is known or reasonably 23 of 26
492492 461ascertainable by the manufacturer. “Intentionally added” PFAS also includes any degradation by-
493493 462products of PFAS or the use of PFAS or PFAS precursors as a processing agent, mold release
494494 463agent, or the creation of PFAS via chemical reactions.
495495 464 "Known or reasonably ascertainable”, all information in a person's possession or control,
496496 465plus all information that a reasonable person similarly situated might be expected to possess,
497497 466control, or know.
498498 467 "Per- and polyfluoroalkyl substances" or “PFAS”, a class of fluorinated organic
499499 468chemicals containing at least one fully fluorinated carbon atom.
500500 469 (b) Notwithstanding any general or special law to the contrary, no person, local
501501 470government or state agency shall use a Class B firefighting foam that contains intentionally
502502 471added PFAS in any amount for training or testing purposes.
503503 472 (c) Any person, unit of local government, fire department, or state agency that discharges
504504 473or releases Class B firefighting foam that contains intentionally added PFAS must notify the
505505 474department of environmental protection’s emergency response line as soon as possible but no
506506 475later than within 24 hours of the discharge or release.
507507 476 (d) The department shall assist the department of public health’s Occupational Health
508508 477Surveillance Program in collecting data on occupational exposure to PFAS, including, but not
509509 478limited to, firefighters.
510510 479 SECTION 8. Section 12 of chapter 61A of the General Laws is hereby amended by
511511 480inserting after the second paragraph the following paragraph:- 24 of 26
512512 481 No conveyance tax under this section shall be assessed on land that is removed from
513513 482agricultural or horticultural use due to regulatory action regarding the actual or suspected
514514 483presence of PFAS in soil, water, or agricultural products derived from such land. For the
515515 484purposes of this paragraph, “PFAS” shall mean a class of fluorinated organic compounds
516516 485containing at least one fully fluorinated carbon atom as defined under section 5U of chapter 111.
517517 486The commissioner of agricultural resources, in consultation with the commissioner of revenue
518518 487and the commissioner of environmental protection, may promulgate regulations to enforce this
519519 488paragraph.
520520 489 SECTION 9. Section 13 of chapter 61A of the General Laws is hereby amended by
521521 490adding the following subsection:-
522522 491 (e) No roll-back tax imposed by this section shall be assessed on land that no longer
523523 492meets the definition of land actively devoted to agricultural, horticultural or agricultural and
524524 493horticultural use due to regulatory action regarding the actual or suspected presence of PFAS in
525525 494soil, water, or agricultural products derived from such land. For the purposes of this subsection,
526526 495“PFAS” shall mean a class of fluorinated organic compounds containing at least one fully
527527 496fluorinated carbon atom as defined under section 5U of chapter 111. The commissioner of
528528 497agricultural resources, in consultation with the commissioner of revenue and the commissioner
529529 498of environmental protection, may promulgate regulations to enforce this subsection.
530530 499 SECTION 10. The department of public health, in consultation with department of
531531 500environmental protection and the department of agricultural resources, shall procure or otherwise
532532 501employ an external research organization, which has the capacity to study per- and
533533 502polyfluoroalkyl substances and the effect PFAS has on agricultural products produced and sold 25 of 26
534534 503in the commonwealth; provided, that the research organization shall have: (1) extensive
535535 504experience with a wide variety of agricultural products and environmental matrices, including, 2
536536 505of 2 but not limited to, plants and animals; (2) a current QAPP (“Quality Assurance Project
537537 506Plan”) through the United States Environmental Protection Agency; (3) current sampling and
538538 507chain of custody protocols; (4) experience handling complex agricultural matrices; and (5) access
539539 508to state of-the art mass spectrometers. The study shall include findings on the levels of PFAS
540540 509found in: (1) in agricultural products sold in Massachusetts stores; (2) locally sourced
541541 510agricultural products; and (3) agricultural inputs including, but not limited to, feed, water,
542542 511fertilizer, and pesticides. The department shall make said report publicly available with the
543543 512department’s findings on the department’s website. The commissioner shall file a progress report
544544 513in writing of the findings, including food and agricultural sources of contamination, within 365
545545 514days of the passage of this act; provided, that the report shall be filed with the house and senate
546546 515committees on ways and means, the joint committee on environment and natural resources, the
547547 516joint committee on public health, and the joint committee on agriculture on or before August 31,
548548 5172027.
549549 518 SECTION 11. Subsection (c) of said section 43B of said chapter 21 shall take effect two
550550 519years after United States Environmental Protection Agency Method 1633 is available to the
551551 520public.
552552 521 SECTION 12. Section 3 shall take effect January 1, 2030.
553553 522 SECTION 13. Subsection (b) of section 5T of said chapter 111 shall take effect January
554554 5231, 2028. Subsection (c) of section 5T of said chapter 111 shall take effect upon enactment. 26 of 26
555555 524 SECTION 14. Subsection (b) of said section 5U of said chapter 111 shall take effect
556556 525January 1, 2029.
557557 526 SECTION 15. Subsection (c) of said section 5U of said chapter 111 shall take effect
558558 527January 1, 2035.
559559 528 SECTION 16. Additional product categories added under subsection (d) of said section
560560 5295U of said chapter 111 shall take effect three years after the product category has been added for
561561 530restriction by the department.
562562 531 SECTION 17. Paragraph (1) of said subsection (g) of said section 5U of said chapter 111
563563 532shall take effect June 1, 2030.
564564 533 SECTION 18. Subsection (h) of said section 5U of said chapter 111 shall take effect June
565565 5341, 2028.
566566 535 SECTION 19. Subsection (i) of said section 5U of said chapter 111 shall take effect
567567 536January 1, 2035.
568568 537 SECTION 20. Section 245 of said chapter 111 shall take effect on the 180th day
569569 538following enactment.
570570 539 SECTION 21. Section 246 of said chapter 111 shall take effect January 1, 2028.
571571 540 SECTION 22. Section 7 shall take effect January 1, 2029.