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SENATE DOCKET, NO. 2403 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 1504
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
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 :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
SENATE DOCKET, NO. 2403 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 1504
By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1504) of Julian Cyr, Joanne M.
Comerford, James B. Eldridge, John F. Keenan and others for legislation to protect
Massachusetts public health from Per- and polyfluoroalkyl substances (PFAS) a group of
chemicals that are used in many consumer products and industrial processes. 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, 2 of 26
9region or district, including, but not limited to, municipal boards of health, regional health
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 fund shall
24be made by the department, without further appropriation and consistent with this section, the
25terms of settlements, judgments, and awards made in connection with claims arising from the
26manufacture, marketing or sale of PFAS and PFAS-containing products, and consistent with the
27terms of other allocations and monies transferred to this fund, as applicable. The commissioner
28shall administer the fund, shall prioritize expenditures to communities with vulnerable
29environmental justice populations, and may make expenditures from the fund to develop and 3 of 26
30implement a multilingual outreach and education program pursuant to section 29 of chapter 21A
31of 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 or
36other public entities with a direct impact on public water supplies, private well owners, and
37public water systems with the cost of PFAS treatment and remediation, including but not limited
38to remediation projects, treatment, and mitigation. The commissioner shall make necessary
39expenditures from this account for the shared administrative costs of the operations and
40programs of the department related to the fund. The commissioner shall further direct that
41monies from the fund shall be expended to provide services in an amount reasonably related to
42such administrative costs. No expenditure shall be made from the fund that would cause the fund
43to be in deficit at the close of a fiscal year. Amounts credited to the fund shall not be subject to
44further appropriation and monies remaining in the fund at the end of the fiscal year shall not
45revert to the General Fund but shall instead be available for expenditure during subsequent fiscal
46years. Any fiscal year-end balance in the fund shall be excluded from the calculation of the
47consolidated net surplus pursuant to section 5C of chapter 29 of the General Laws.
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 26
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 26
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. Eligible
92spending for grants shall include, but is not limited to, payment to vendors for PFAS water
93testing and installation and maintenance of PFAS treatment systems, provided that such private
94well users and owners can establish that their income was below the state median household
95income rate in the year in which the costs were incurred and that such costs were incurred after
96the effective date of this section. 6 of 26
97 (2) Boards of health may elect to receive funding from the fund pursuant to any program
98established pursuant to paragraph (1), and may apply for and receive grants from the fund
99necessary to cover reasonable administrative costs related to implementation of said paragraph
100(1). Boards of health that elect to participate shall amend their codes to require private well water
101quality testing for PFAS for property sales and new construction consistent with model bylaws
102and ordinances provided by the department through program guidance.
103 (3) Annually, not later than August 31, boards of health that elect to participate pursuant
104to paragraph (2) shall submit a report to the department including information demonstrating
105compliance during the preceding fiscal year with said paragraph (2) and other such information
106as required by the department.
107 (g) Annually, not later than October 1, the department shall file a report on the activity,
108revenue and expenditures to and from the fund in the prior fiscal year with the clerks of the
109house of representatives and the senate and the house and senate committees on ways and means,
110and shall make the report available on the department’s website. The report shall include, but not
111be limited to: (i) revenue credited to the fund; (ii) the amount of expenditure attributable to the
112administrative costs of the department; (iii) an itemized list of expenditures from the fund; (iv)
113rebate and grant expenditures to private well users and owners and municipal administrative
114expenses of boards of health opting into such rebate and grant programs; and (v) data and a
115report of how resources have been directed to environmental justice populations.
116 SECTION 2. Chapter 21 of the General Laws is hereby amended by inserting after
117section 43A the following section:- 7 of 26
118 Section 43B. (a) The department of environmental protection shall amend each
119groundwater discharge permit upon renewal with requirements for monitoring and reporting of
120per- and polyfluoroalkyl substances using United States Environmental Protection Agency
121analytical methods as specified by the department.
122 (b) The department of environmental protection shall amend its surface water discharge
123permits issued to industrial permittees and groundwater discharge permits issued to industrial
124permittees upon renewal with requirements to implement best management practices for
125discharges of PFAS, including, but not limited to: (i) product elimination or substitution when a
126reasonable alternative to using PFAS is available in the industrial process; (ii) accidental
127discharge minimization; and (iii) equipment decontamination or replacement where PFAS
128products have historically been used. These industrial permittees shall include those that use or
129previously used PFAS or PFAS products or those where best management practices are
130warranted based on the department’s review of discharge monitoring.
131 (c) The department of environmental protection shall include effluent limitations and
132treatment requirements for PFAS in groundwater discharge permits upon renewal.
133 SECTION 3. The department of environmental protection shall promulgate regulations to
134implement a schedule for phasing out the use, sale, or distribution, or offer for use, sale, or
135distribution of sludge without the department’s site-specific approval in the commonwealth, and
136shall not include the disposal or placement of sludge at a solid waste landfill, hazardous waste
137landfill or sludge landfill. For the purposes of this section, “sludge” shall mean the solid, semi
138solid, and liquid residue that results from a process of wastewater treatment or drinking water 8 of 26
139treatment, and does not include grit, screening, or grease and oil removed at the headworks of a
140wastewater or drinking water facility.
141 SECTION 4. Not later than December 31, 2030, the department of environmental
142protection shall submit a report to the Chairs of the Joint Committee on Public Health and the
143Joint Committee on Environment and Natural Resources regarding its progress in establishing
144standards to monitor PFAS in ambient air. This report shall include, but not be limited to: (i) the
145department’s capacity to establish these standards; (ii) the steps the department has taken or
146plans to take to establish these standards; and; (iii) a projected timeline detailing when the
147department expects to finish establishing standards to monitor PFAS in ambient air.
148 SECTION 5. Chapter 21A of the General Laws is hereby amended by inserting after31
149section 28 the following section:-
150 Section 29. (a) The department, in consultation with the department of public health, shall
151develop and implement a multilingual public awareness campaign to promote the education of
152Massachusetts residents, including environmental justice populations, of per- and
153polyfluoroalkyl substances contamination across the commonwealth and potential health impacts
154of PFAS exposure.. The campaign shall include the development and distribution of educational
155materials, drafted in plain language to the extent possible, the content of which shall include, but
156not be limited to: (i) the potential health impacts of PFAS exposure; (ii) the routes of PFAS
157exposure, including but not limited to, drinking water, groundwater, surface water, wastewater,
158land application of biosolids, landfills, air, and fish tissue; (iii) consumer products that are known
159to contain PFAS; (iv) PFAS in Class B firefighting foam; (v) a list of facilities that are known
160and potential sources of PFAS and are required to prepare a toxics use reduction plan for PFAS 9 of 26
161within 10 miles of the environmental justice populations; (vi) assistance programs for PFAS
162remediation; (vii) citizen involvement pursuant to G.L. c. 21I, § 18; and (viii) assistance
163programs for PFAS remediation.
164 (b) The educational materials shall be translated into the native languages spoken by the
165impacted environmental justice populations based on the federal census definition of English
166isolation. Such educational materials shall be made available to, but not be limited to: (i)
167community centers; (ii) health care centers; (iii) schools, (iv) places of worship; (v) the
168department of education; (vi) and the department of early education and care.
169 (c) The department may contract or associate with public and private agencies and
170organizations for the preparation of said educational materials on PFAS exposure, other pertinent
171resource information on the matter of PFAS contamination and conducting educational
172programs. The department may use funds from the Fund, as established in section 35TTT of
173chapter 10 of the general laws, for such contracts.
174 SECTION 6. Chapter 111 of the General Laws is hereby amended by inserting after
175section 5S the following sections:-
176 Section 5T. (a) As used in this section, the following words shall, unless the context
177clearly requires otherwise, have the following meanings:-
178 “Agricultural products”, any vegetable, fruit, dairy, meat, fish, and poultry, and
179agricultural inputs, such as, but not limited to, feed, water, fertilizer, pesticides, produced and
180sold commercially in Massachusetts.
181 “Department”, the department of public health. 10 of 26
182 “Food package", a package or packaging component that is intended for the marketing,
183protection or handling of a product intended for direct food contact or used to store food and
184foodstuffs for sale.
185 “Fully fluorinated carbon atom”, a carbon atom on which all the hydrogen substituents
186have been replaced by fluorine.
187 “Intentionally added”, PFAS that is added to a product, or enters the product from the
188manufacturing or processing of that product; the addition of which is known or reasonably
189ascertainable by the manufacturer. “Intentionally added” PFAS also includes any degradation by-
190products of PFAS or the use of PFAS or PFAS precursors as a processing agent, mold release
191agent, or the creation of PFAS via chemical reactions.
192 "Known or reasonably ascertainable”, all information in a person's possession or control,
193plus all information that a reasonable person similarly situated might be expected to possess,
194control, or know.
195 "Manufacturer", a person, firm, association, partnership, government entity, organization,
196joint venture or corporation that applies a package to a product for distribution or sale.
197 "Package", a container providing a means of marketing, protecting or handling a product
198which shall include a unit package, an intermediate package, a package used for shipping or
199transport and unsealed receptacles such as carrying cases, crates, cups, pails, rigid foil and other
200trays, wrappers and wrapping films, bags and tubs. 11 of 26
201 "Packaging component", an individual assembled part of a package including, but not
202limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior
203strapping, coatings, closures, inks and labels.
204 "Per- and polyfluoroalkyl substances" or “PFAS”, a class of fluorinated organic
205chemicals containing at least one fully fluorinated carbon atom.
206 (b) No manufacturer shall sell, offer for sale, distribute for sale, or distribute for use in
207the commonwealth food packaging to which PFAS have been intentionally added in any amount.
208 (c) The department, in consultation with department of environmental protection and the
209department of agricultural resources, shall procure or otherwise employ an external research
210organization, which has the capacity to study per- and polyfluoroalkyl substances and the effect
211PFAS has on agricultural products produced and sold in the commonwealth; provided, that the
212research organization shall have: (1) extensive experience with a wide variety of agricultural
213products and environmental matrices, including, but not limited to, plants and animals; (2) a
214current QAPP (“Quality Assurance Project Plan”) through the United States Environmental
215Protection Agency; (3) current sampling and chain of custody protocols; (4) experience handling
216complex agricultural matrices; and (5) access to state-of-the art mass spectrometers. The study
217shall include findings on the levels of PFAS found in: (1) in agricultural products sold in
218Massachusetts stores; (2) locally sourced agricultural products; and (3) agricultural inputs
219including, but not limited to, feed, water, fertilizer, and pesticides. The department shall make
220said report publicly available with the department’s findings on the department’s website. The
221commissioner shall file a progress report in writing of the findings, including food and
222agricultural sources of contamination, within 365 days of the passage of this act; provided, that 12 of 26
223the report shall be filed with the house and senate committees on ways and means, the joint
224committee on environment and natural resources, the joint committee on public health, and the
225joint committee on agriculture on or before August 31, 2027.
226 Section 5U. (a) As used in this section, the following words shall, unless the context
227clearly requires otherwise, have the following meanings:-
228 “Child passenger restraint”, a child passenger restraint under G.L. c. 90, § 7AA.
229 “Children’s product”, consumer products intended, made or marketed for use by children
23012 years of age or under, including: (i) toys; (ii) children’s clothing; (iii) children's cosmetics and
231personal care products; (iv) children's jewelry and novelty products; (v) children’s school
232supplies; (vi) children’s arts and crafts supplies, including model making supplies (vii) children’s
233bedding, furniture, and furnishings; (viii) child car seats; (ix) products to help a child with
234sucking or teething, or to facilitate sleep, relaxation, or the feeding of a child; (x) products that
235meet any of the following conditions: represented in its packaging, display, or advertising as
236appropriate for use by children, sold in conjunction with, attached to, or packaged together with
237other products that are packaged, displayed, or advertised as appropriate for use by children sold
238in a retail store, catalogue, or online website, in which a person exclusively offers for sale
239products that are packaged, displayed, or advertised as appropriate for use by children, or sold in
240a discrete portion of a retail store, catalogue, or online website, in which a person offers for sale
241products that are packaged, displayed, or advertised as appropriate for use by children; provided,
242however, that “children’s product” shall not include: (i) batteries; (ii) slings and catapults; (iii)
243sets of darts with metallic points; (iv) toy steam engines; (v) bicycles and tricycles; (vi) video
244toys that can be connected to video screen and are operated at a nominal voltage exceeding 13 of 26
245twenty-four volts; (vii) chemistry sets; (viii) consumer and children's electronic products,
246including but not limited to personal computers, audio and video equipment, calculators, wireless
247phones, game consoles, and handheld devices incorporating a video screen, used to access
248interactive software and their associated peripherals; (ix) interactive software, intended for
249leisure and entertainment, including computer games and their storage media, including compact
250disks; (x) BB guns, pellet guns and air rifles; (xi) snow sporting equipment, including skis, poles,
251boots, snow boards, sleds and bindings; (xii) roller skates; (xiii) scooters; (xiv) model rockets;
252(xv) athletic shoes with cleats or spikes; (xvi) pocketknives and multitools; (xvii) pharmaceutical
253products and biologics; and (xviii) medical devices, as defined in the federal Food, Drug, and
254Cosmetic Act, U,S,C, 21 section 321(h).
255 “Consumer product,” any article that, to any significant extent, is distributed in
256commerce for personal use or consumption by individuals.
257 “Cookware”, durable houseware items that are used in homes and restaurants to prepare,
258dispense, or store food, foodstuffs or beverages, including, but not limited to, pots, pans, skillets,
259grills, baking sheets, baking molds, trays, bowls and cooking utensils.
260 “Current unavoidable use”, a use of PFAS that the department has determined under this
261section to be: (i) essential for health, safety or the functioning of society; (ii) necessary for the
262proper operation and functionality of a product; and; (iii) for which safer alternatives are not
263reasonably available.
264 “Department”, the department of public health.
265 “Distributor”, any person, firm or corporation who takes title to goods, produced either
266domestically or in a foreign country, purchased for resale or promotional purposes. 14 of 26
267 “Fabric treatment”, a substance applied to fabric, carpets, rugs, shoes or textiles to impart
268characteristics, including, but not limited to, stain resistance or water resistance.
269 “Fully fluorinated carbon atom”, a carbon atom on which all the hydrogen substituents
270have been replaced by fluorine. “Intentionally added”, PFAS that is added to a product, or enters
271the product from the manufacturing or processing of that product; the addition of which is known
272or reasonably ascertainable by the manufacturer. “Intentionally added” PFAS also includes any
273degradation by-products of PFAS or the use of PFAS or PFAS precursors as a processing agent,
274mold release agent, or the creation of PFAS via chemical reactions.
275 "Known or reasonably ascertainable”, all information in a person's possession or control,
276plus all information that a reasonable person similarly situated might be expected to possess,
277control, or know.
278 “Manufacturer”, any person, firm or corporation that manufactures a product whose
279brand name is affixed to the product. In the case of a product imported into the United States,
280“manufacturer” includes the importer or first domestic distributor of the product if the person
281that manufactured or assembled or whose brand name is affixed to the product does not have a
282presence in the United States.
283 “Per- and polyfluoroalkyl substances” or “PFAS”, a class of fluorinated organic
284chemicals containing at least one fully fluorinated carbon atom.
285 “Personal care products”, articles intended to be rubbed, poured, sprinkled, or sprayed on,
286introduced into or otherwise applied to the human body for cleansing, beautifying, promoting
287attractiveness or altering the appearance. Personal care products shall include products such as
288skin moisturizers, perfumes, lipsticks, fingernail polishes, eye and facial makeup preparations, 15 of 26
289shampoos, permanent waves, hair colors, toothpastes, sunscreen, hair spray, shaving cream and
290deodorants, as well as any material intended for use as a component of a cosmetic product.
291Personal care products shall also include, but not be limited to, menstrual products such as
292sanitary napkins, menstrual underwear, tampons and underwear liners.
293 “Priority product,” any child passenger restraint, children’s product, cookware, fabric
294treatment, personal care products, rugs and carpets, textile, textile furnishings, or upholstered
295furniture.
296 “Product component”, a component of a consumer product, including the product’s
297ingredients or a part of the product, regardless of whether the manufacturer of the consumer
298product is the manufacturer of the component.
299 “Product label”, a display of written, printed or graphic material that appears on, or is
300affixed to, the exterior of a product, or its exterior container or wrapper that is visible to a
301consumer, if the product has an exterior container or wrapper.
302 “Retailer”, any person, firm or corporation to whom a consumer product is delivered or
303sold, if such delivery or sale is for purposes of sale or distribution in commerce to purchasers
304who buy such product for purposes other than resale.
305 “Rugs and carpets”, fabric used to or marketed to cover floors.
306 “Textile”, any item made in whole or part from a natural or synthetic fiber, yarn, or
307fabric. Textile includes but is not limited to leather, cotton, silk, jute, hemp, wool, viscose, nylon,
308and polyester. 16 of 26
309 “Textile furnishings”, textile goods of a type customarily used in households and
310businesses, including but not limited to draperies, floor coverings, furnishings, bedding, towels,
311and tablecloths.
312 “Upholstered furniture'', as defined in G.L. c. 94, § 270.
313 “Wholesaler,” any person, firm or corporation to whom a consumer product is delivered
314or sold, if such delivery or sale is for purposes of sale or distribution in commerce to purchasers
315who buy such product for purposes of resale.
316 (b) (1) No manufacturer, distributor, wholesaler or retailer shall offer for sale, sell or
317distribute in the commonwealth any priority products to which PFAS have been intentionally
318added on or after January 1, 2029.
319 (2) The prohibitions of this subsection shall not apply to the sale or resale of used
320products.
321 (c) (1) No manufacturer, distributor, wholesaler or retailer shall offer for sale, sell or
322distribute in the commonwealth any consumer product that the department has identified for
323restriction, including but not limited to priority products, to which PFAS have been intentionally
324added, unless the department, in consultation with the department of environmental protection
325and the Toxics Use Reduction Institute, has determined that the use of PFAS in the consumer
326product is a currently unavoidable use and grants a temporary exemption at intervals of no more
327than 4 years.
328 (2) The department may assess a fee to cover the department’s reasonable costs and to
329support the purposes outlined in this section payable by a manufacturer, distributor, wholesaler 17 of 26
330or retailer upon submission of an unavoidable use exemption request under section (c) paragraph
331(5). Fees collected under this paragraph shall be deposited into the PFAS Public Health Trust
332Fund established under section (j) to be administered by the department for the purposes outlined
333in this section.
334 (3) In the event that the department makes such a determination and grants an
335unavoidable use exemption, the department may require the manufacturer, distributor,
336wholesaler or retailer to label the product or products in a form and manner determined by the
337department.
338 (4) The prohibitions of this subsection shall not apply to the sale or resale of used
339consumer products that the department has identified for restriction, including but not limited to
340priority products.
341 (5) Consumer products or product categories in which the use of PFAS is a currently
342unavoidable use, as determined by the department, may be exempted for a fee to cover the
343department’s reasonable costs and to support the purposes outlined in this section, pursuant to a
344process established years. Fees collected under this paragraph shall be deposited into the PFAS
345Public Health Trust Fund established under section (j) to be administered by the department for
346the purposes outlined in this section.
347 (6) Annually, not later than December 31, the department shall file a report on the
348manufacturers, distributors, wholesalers or retailers submitting unavoidable use exemption
349requests with the clerks of the house of representatives and the senate, the joint committee on
350public health, and shall make the report available on the department’s website. The report shall
351include, but not be limited to: (i) the full name of the manufacturer, distributor, wholesaler or 18 of 26
352retailer applying for an unavoidable use exemption; (ii) if the department granted the
353manufacturer, distributor, wholesaler or retailer an exemption or not; (iii) the department's
354reasoning for granting the exemption; and (iv) the length of the exemption.
355 (d)(1) The department shall, in consultation with the department of environmental
356protection and the Toxics Use Reduction Institute, prepare a study of significant PFAS uses in
357consumer products not subject to this section using publicly available information, within 4 years
358of the passage of this law, and shall update the study within 7 years of the passage of this law.
359The study shall consider whether: (i) safer alternatives to PFAS are reasonably available; (ii) the
360function provided by PFAS in the product is necessary for the product to perform its primary
361function as determined by the department; and (iii) the use of PFAS in the product is essential for
362health or safety. The report shall recommend additional products and product categories to be
363considered for restriction under this section.
364 (d)(2) The department shall adopt regulations to implement this section. The department
365may adopt regulations to establish additional consumer products and product components to be
366considered priority products covered by this section. In identifying additional product categories
367for analysis, the department shall consult with Toxics Use Reduction Institute and the department
368of environmental protection.
369 (e) The attorney general shall have the exclusive authority to enforce the provisions of
370this section pursuant to G.L. c. 93A, § 4.
371 (f) (1) Notwithstanding any general or special law to the contrary, the department of
372public health shall establish, on or before June 1, 2028, a publicly accessible reporting platform
373to collect information about per- and polyfluoroalkyl substances, or “PFAS”, and consumer 19 of 26
374products or product components containing PFAS being sold, offered for sale, distributed or
375offered for promotional purposes in, or imported into, the state. The department may consult
376with Interstate Chemicals Clearinghouse and may collaborate with other states with prohibitions
377on PFAS to establish such a platform.
378 (2) On or before June 1, 2028, and on or before June 1 of each year thereafter, a
379manufacturer of PFAS of a priority product, additional consumer products identified for
380restriction by the department or product component containing intentionally added PFAS that is
381sold, offered for sale, distributed or offered for promotional purposes in, or imported into, the
382state shall register the PFAS or the consumer product or product component containing
383intentionally added PFAS on the publicly accessible reporting platform created pursuant to
384paragraph (1), along with all of the following information, as applicable: (i) the name and type of
385consumer product or product component containing intentionally added PFAS; (ii) the universal
386product code, or “UPC,” of the consumer product or product component containing intentionally
387added PFAS; (iii) the name and address of the manufacturer, and the name, address and phone
388number of the contact person for the manufacturer; and (iv) any additional information
389established by the department as necessary to implement the requirements of this section.
390 (3) With the approval of the department, a manufacturer may supply the information
391required in paragraph (2) for a category or type of consumer product rather than for each
392individual product.
393 (4) In a manner determined by the department, a manufacturer shall update and revise the
394information required under paragraph (2) whenever there is a significant change in the
395information or when requested to do so by the department. 20 of 26
396 (5) The department may establish by regulation and assess a fee payable by a
397manufacturer upon submission of the notification required under paragraph (2) to cover the
398department’s reasonable costs in developing and administering this section and to support the
399purposes outlined in this section collected under this paragraph shall be deposited into the PFAS
400Public Health Trust Fund established under section (j) to be administered by the department for
401the purposes outlined in this section.
402 (6) Any information submitted to, or developed by, the department in furtherance of this
403section, except for the specific information required to be disclosed in subsection (f)(2) of this
404section shall not be a public record and shall be exempt from disclosure under clause twenty-
405sixth of section 7 of chapter 4 and section 10 of chapter 66 of the General Laws.
406 (g) (1) A manufacturer of consumer products registered under paragraph (2) of subsection
407(f) shall send an electronic notification to distributors and wholesalers of the consumer product
408that the consumer product contains PFAS.
409 (2) A distributor or wholesaler who receives a notification pursuant to paragraph (1) shall
410send an electronic notification to retailers of the consumer product that the consumer product
411contains PFAS.
412 (3) The department shall adopt regulations to implement this subsection.
413 (4) The attorney general shall have the authority to enforce the provisions of this
414subsection under G.L. c. 93A, § 4.
415 (h) (1) A manufacturer of any priority products that are sold, offered for sale, distributed
416or offered for promotional purposes in, or imported into, the state shall establish an audit 21 of 26
417program to test for the presence of unintentionally added PFAS using analytical methods
418approved by the department in consultation with the department of environmental protection and
419the Toxics Use Reduction Institute.
420 (2) The department shall establish by regulation and assess a fee payable by a
421manufacturer under paragraph (1) to cover the department’s reasonable costs in testing a
422consumer product for the presence of unintentionally added PFAS at the request of a
423manufacturer. Fees collected under this paragraph shall be deposited into the PFAS Public
424Health Trust Fund established under section (j) to be administered by the department for the
425purposes outlined in this section.
426 (i) (1) There shall be a PFAS Public Health Trust Fund. Expenditures from the fund shall
427be made by the department, without further appropriation and consistent with this section, and
428consistent with the terms of other allocations and monies transferred to this fund, as applicable.
429The commissioner shall administer the fund for purposes outlined in this section, and may make
430expenditures from the fund to develop and implement a multilingual outreach and education
431campaign pursuant to section 29 of chapter 21A of the General Laws.
432 (2) The fund shall be expended to support the education of Massachusetts residents of
433PFAS contamination across the commonwealth and the potential health impacts of PFAS
434exposure, to mitigate the impacts of PFAS in consumer products in the commonwealth, and to
435support the development of PFAS-free alternatives by the Toxic Use Reduction Institute. The
436commissioner shall make necessary expenditures from this account for the shared administrative
437costs of the operations and programs of the department related to the fund, including but not
438limited to the unavoidable use exemption process under section (c) paragraph (5) and the testing 22 of 26
439a consumer product for the presence of unintentionally added PFAS. The commissioner shall
440further direct that monies from the fund shall be expended to provide services in an amount
441reasonably related to such administrative costs. No expenditure shall be made from the fund that
442would cause the fund to be in deficit at the close of a fiscal year. Amounts credited to the fund
443shall not be subject to further appropriation and monies remaining in the fund at the end of the
444fiscal year shall not revert to the General Fund, but shall instead be available for expenditure
445during subsequent fiscal years. Any fiscal year-end balance in the fund shall be excluded from
446the calculation of the consolidated net surplus pursuant to section 5C of chapter 29 of the
447General Laws.
448 (3) There shall be credited to the fund: (i) fees payable by a manufacturer, distributor,
449wholesaler or retailer upon submission of an unavoidable use exemption request under section
450(c) paragraph (5); (ii) transfers from other funds authorized by the general court and so
451designated; (iii) funds from public or private sources, including, but not limited to, gifts, grants,
452donations, rebates, settlements, judgments, awards, and other allocations received by the
453commonwealth designated to the fund; and (iv) any interest earned on such amounts.
454 SECTION 7. Chapter 22D of the General Laws is hereby amended by inserting after
455section 6 the following sections:-
456 Section 7. (a) The following terms shall, unless the context clearly requires otherwise,
457have the following meanings:
458 “Department”, department of fire services
459 “Intentionally added”, PFAS that is added to a product, or enters the product from the
460manufacturing or processing of that product; and the addition of PFAS is known or reasonably 23 of 26
461ascertainable by the manufacturer. “Intentionally added” PFAS also includes any degradation by-
462products of PFAS or the use of PFAS or PFAS precursors as a processing agent, mold release
463agent, or the creation of PFAS via chemical reactions.
464 "Known or reasonably ascertainable”, all information in a person's possession or control,
465plus all information that a reasonable person similarly situated might be expected to possess,
466control, or know.
467 "Per- and polyfluoroalkyl substances" or “PFAS”, a class of fluorinated organic
468chemicals containing at least one fully fluorinated carbon atom.
469 (b) Notwithstanding any general or special law to the contrary, no person, local
470government or state agency shall use a Class B firefighting foam that contains intentionally
471added PFAS in any amount for training or testing purposes.
472 (c) Any person, unit of local government, fire department, or state agency that discharges
473or releases Class B firefighting foam that contains intentionally added PFAS must notify the
474department of environmental protection’s emergency response line as soon as possible but no
475later than within 24 hours of the discharge or release.
476 (d) The department shall assist the department of public health’s Occupational Health
477Surveillance Program in collecting data on occupational exposure to PFAS, including, but not
478limited to, firefighters.
479 SECTION 8. Section 12 of chapter 61A of the General Laws is hereby amended by
480inserting after the second paragraph the following paragraph:- 24 of 26
481 No conveyance tax under this section shall be assessed on land that is removed from
482agricultural or horticultural use due to regulatory action regarding the actual or suspected
483presence of PFAS in soil, water, or agricultural products derived from such land. For the
484purposes of this paragraph, “PFAS” shall mean a class of fluorinated organic compounds
485containing at least one fully fluorinated carbon atom as defined under section 5U of chapter 111.
486The commissioner of agricultural resources, in consultation with the commissioner of revenue
487and the commissioner of environmental protection, may promulgate regulations to enforce this
488paragraph.
489 SECTION 9. Section 13 of chapter 61A of the General Laws is hereby amended by
490adding the following subsection:-
491 (e) No roll-back tax imposed by this section shall be assessed on land that no longer
492meets the definition of land actively devoted to agricultural, horticultural or agricultural and
493horticultural use due to regulatory action regarding the actual or suspected presence of PFAS in
494soil, water, or agricultural products derived from such land. For the purposes of this subsection,
495“PFAS” shall mean a class of fluorinated organic compounds containing at least one fully
496fluorinated carbon atom as defined under section 5U of chapter 111. The commissioner of
497agricultural resources, in consultation with the commissioner of revenue and the commissioner
498of environmental protection, may promulgate regulations to enforce this subsection.
499 SECTION 10. The department of public health, in consultation with department of
500environmental protection and the department of agricultural resources, shall procure or otherwise
501employ an external research organization, which has the capacity to study per- and
502polyfluoroalkyl substances and the effect PFAS has on agricultural products produced and sold 25 of 26
503in the commonwealth; provided, that the research organization shall have: (1) extensive
504experience with a wide variety of agricultural products and environmental matrices, including, 2
505of 2 but not limited to, plants and animals; (2) a current QAPP (“Quality Assurance Project
506Plan”) through the United States Environmental Protection Agency; (3) current sampling and
507chain of custody protocols; (4) experience handling complex agricultural matrices; and (5) access
508to state of-the art mass spectrometers. The study shall include findings on the levels of PFAS
509found in: (1) in agricultural products sold in Massachusetts stores; (2) locally sourced
510agricultural products; and (3) agricultural inputs including, but not limited to, feed, water,
511fertilizer, and pesticides. The department shall make said report publicly available with the
512department’s findings on the department’s website. The commissioner shall file a progress report
513in writing of the findings, including food and agricultural sources of contamination, within 365
514days of the passage of this act; provided, that the report shall be filed with the house and senate
515committees on ways and means, the joint committee on environment and natural resources, the
516joint committee on public health, and the joint committee on agriculture on or before August 31,
5172027.
518 SECTION 11. Subsection (c) of said section 43B of said chapter 21 shall take effect two
519years after United States Environmental Protection Agency Method 1633 is available to the
520public.
521 SECTION 12. Section 3 shall take effect January 1, 2030.
522 SECTION 13. Subsection (b) of section 5T of said chapter 111 shall take effect January
5231, 2028. Subsection (c) of section 5T of said chapter 111 shall take effect upon enactment. 26 of 26
524 SECTION 14. Subsection (b) of said section 5U of said chapter 111 shall take effect
525January 1, 2029.
526 SECTION 15. Subsection (c) of said section 5U of said chapter 111 shall take effect
527January 1, 2035.
528 SECTION 16. Additional product categories added under subsection (d) of said section
5295U of said chapter 111 shall take effect three years after the product category has been added for
530restriction by the department.
531 SECTION 17. Paragraph (1) of said subsection (g) of said section 5U of said chapter 111
532shall take effect June 1, 2030.
533 SECTION 18. Subsection (h) of said section 5U of said chapter 111 shall take effect June
5341, 2028.
535 SECTION 19. Subsection (i) of said section 5U of said chapter 111 shall take effect
536January 1, 2035.
537 SECTION 20. Section 245 of said chapter 111 shall take effect on the 180th day
538following enactment.
539 SECTION 21. Section 246 of said chapter 111 shall take effect January 1, 2028.
540 SECTION 22. Section 7 shall take effect January 1, 2029.