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SENATE DOCKET, NO. 2176 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 56
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Joanne M. Comerford
_________________
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 protecting our soil and farms from PFAS contamination.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Joanne M. ComerfordHampshire, Franklin and WorcesterSal N. DiDomenicoMiddlesex and Suffolk1/31/2025Jason M. LewisFifth Middlesex2/4/2025Michael O. MooreSecond Worcester2/20/2025James B. EldridgeMiddlesex and Worcester3/3/2025 1 of 10
SENATE DOCKET, NO. 2176 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 56
By Ms. Comerford, a petition (accompanied by bill, Senate, No. 56) of Joanne M. Comerford,
Sal N. DiDomenico, Jason M. Lewis, Michael O. Moore and others for legislation to protect our
soil and farms from PFAS contamination. Agriculture.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 39 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act protecting our soil and farms from PFAS contamination.
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 20 of the General Laws, as appearing in the 2022 Official Edition,
2is hereby amended by inserting after section 32 the following section:-
3 Section 33. An individual or entity engaged in the practice of farming, as defined in
4section 1A of chapter 128, shall be immune from suit and civil liability for any damages
5resulting from claims based on harms caused by PFAS present in soil, water or agricultural
6products as a result of standard agricultural practices. For the purposes of this section, “PFAS”
7shall mean a class of fluorinated organic chemicals containing at least one fully fluorinated
8carbon atom. 2 of 10
9 SECTION 2. Chapter 29 of the General Laws, as appearing in the 2022 Official Edition,
10is hereby amended by inserting after section 2DDDDDD the following 2 sections:-
11 2EEEEEE. There shall be established and set up on the books of the commonwealth a
12separate fund to be known as the Agricultural PFAS Relief Fund, which shall be used
13exclusively to assist farmers in the commonwealth who have suffered losses or incurred costs
14resulting from standard agricultural practices that may have resulted in the actual or suspected
15presence of PFAS in soil, water or agricultural products. For the purposes of this section,
16“PFAS” shall mean a class of fluorinated organic chemicals containing at least one fully
17fluorinated carbon atom. The Agricultural PFAS Relief Fund shall be credited with money from:
18(i) amounts recovered by the commonwealth and credited thereto in connection with claims
19arising from the sources of PFAS contamination found in biosolids products applied on
20agricultural land; (ii) any appropriations authorized by the general court specifically designated
21to be credited to the fund; (iii) gifts, grants and donations from public or private sources; (iv)
22federal reimbursements and grants-in-aid; and (v) any interest earned from the fund. The
23commissioner of agricultural resources shall promulgate rules and regulations to direct the
24expenditure of money from this fund for purposes including, but not limited to: testing of soil,
25water or agricultural products for PFAS; costs incurred from adapting management and business
26practices as a result of the disallowance of use of products containing PFAS or the disruption of
27business caused by the presence of PFAS; development and implementation of educational
28resources for farmers to adapt to management changes resulting from the presence of PFAS;
29physical and mental health needs of farm owners and personnel resulting from exposure to
30PFAS; remediation practices and needed infrastructure for the elimination of PFAS; and
31development of PFAS testing capacity at the Center for Agriculture, Food and the Environment 3 of 10
32at the University of Massachusetts at Amherst. Regulations shall follow the department of
33agricultural resources’ environmental justice policy.
34 The state treasurer shall be the custodian of the fund and shall receive, deposit and invest
35all funds under this section to ensure the highest interest rate available consistent with the safety
36of the fund. The books and records of the fund shall be subject to an annual audit by the state
37auditor.
38 The department of agricultural resources may expend money in the fund without further
39appropriation and no expenditure from the fund shall cause it to be in deficiency at the close of a
40fiscal year. The commissioner of agricultural resources shall report annually to the house and
41senate committees on ways and means and the joint committee on agriculture on income
42received into the fund and sources of that income, any expenditure from the fund and the purpose
43of that expenditure and the fund’s balance. Money in the fund at the end of the fiscal year shall
44not revert to the General Fund and shall be available for expenditure in the subsequent year and
45shall not be subject to section 5C of chapter 29.
46 2FFFFFF. There shall be established and set up on the books of the commonwealth a
47separate fund to be known as the Agricultural Fertilizer Purchasing Fund, which shall be used to
48assist commercial farmers in the commonwealth who can demonstrate that they are incurring
49additional costs in purchasing fertilizer as a result of the disallowance of use of products
50containing PFAS. The fund shall be administered by the secretary of energy and environmental
51affairs, in consultation with the commissioner of the department of agricultural resources.
52 The fund shall be credited with appropriations or other money authorized or transferred
53by the general court and specifically designated to be credited to the fund. Amounts credited to 4 of 10
54the fund shall be expended to farmers to support the purchase of fertilizer for commercial
55agricultural purposes in fiscal year 2025 and thereafter. Applications shall be noncompetitive and
56shall be accepted or denied based only upon whether farmers have met the eligibility
57requirements. Money remaining in the fund at the end of a fiscal year shall not revert to the
58General Fund. The fund shall not be subject to section 5C of chapter 29.
59 The secretary shall promulgate regulations to implement this section.
60 SECTION 3. Section 12 of chapter 61A of the General Laws, as appearing in the 2022
61Official Edition, is hereby amended by inserting after the second paragraph the following
62paragraph:-
63 No conveyance tax under this section shall be assessed on land that is removed from
64agricultural or horticultural use due to regulatory action regarding the actual or suspected
65presence of PFAS in soil, water, or agricultural products derived from such land. For the
66purposes of this paragraph, “PFAS” shall mean a class of fluorinated organic chemicals
67containing at least one fully fluorinated carbon atom. The commissioner of agricultural
68resources, in consultation with the commissioner of revenue and the commissioner of
69environmental protection, shall promulgate regulations to enforce this paragraph.
70 SECTION 4. Section 13 of said chapter 61A, as so appearing, is hereby amended by
71adding the following subsection:-
72 (e) No roll-back tax imposed by this section shall be assessed on land that no longer
73meets the definition of land actively devoted to agricultural, horticultural or agricultural and
74horticultural use due to regulatory action regarding the actual or suspected presence of PFAS in
75soil, water or agricultural products derived from such land. For the purposes of this subsection, 5 of 10
76“PFAS” shall mean a class of fluorinated organic chemicals containing at least one fully
77fluorinated carbon atom.
78 The commissioner of agricultural resources, in consultation with the commissioner of
79revenue and the commissioner of environmental protection, shall promulgate regulations to
80enforce this subsection.
81 SECTION 5. Section 8 of Chapter 21A of the General Laws, as appearing in the 2022
82Official Edition, is hereby amended by inserting after the words “one hundred and sixty-six,
83inclusive” the following words:- , one hundred and seventy-one A
84 SECTION 6. Chapter 111 of the General Laws, as appearing in the 2022 Official Edition,
85is hereby amended by inserting after section 171 the following section:-
86 Section 171A. (a) For the purposes of this section, the following words shall have the
87following meanings:
88 “Biosolids”, treated or untreated sewage sludge.
89 “Department”, the department of environmental protection.
90 “Fertilizer”, shall be as defined in section 64 of chapter 128.
91 “PFAS”, shall mean a class of fluorinated organic chemicals containing at least one fully
92fluorinated carbon atom.
93 (b) The application of biosolids on land is prohibited.
94 (c) Fertilizer derived from or containing biosolids or sewage sludge, soil amendments
95derived from or containing sewage sludge and other product or material that is intended for use 6 of 10
96as a fertilizer, soil amendment, topsoil replacement or mulch or for other similar agricultural
97purpose that is derived from or contains sludge shall not be sold or otherwise transferred to
98consumers unless the manufacturer of said product can prove that said product contains no
99measurable PFAS.
100 (d) A manufacturer of any fertilizer or other soil amendment shall test for the presence of
101PFAS using analytical methods approved by the department of environmental protection and the
102department of agricultural resources. The manufacturer shall notify the department of
103environmental protection of the method and results of said testing in writing regardless of the
104amount of PFAS present. The manufacturer’s written notice shall be submitted electronically in a
105format to be specified by the department, in consultation with the department of agricultural
106resources. The department shall make information reported under this subsection available to the
107public via the department’s website.
108 (e) The department of environmental protection, in coordination with the department of
109public health and the department of agricultural resources, shall promulgate rules and regulations
110necessary to carry out and enforce this section.
111 SECTION 7. Chapter 128 of the General Laws, as appearing in the 2022 Official Edition,
112is hereby amended by inserting after section 66 the following section:-
113 Section 66A. (a) The commissioner shall not issue a license pursuant to section 66 for the
114retail sale of any fertilizer or other soil amendment that has not been tested for the presence of
115PFAS in accordance with section 171A of chapter 111. For the purposes of this section, “PFAS”
116shall mean a class of fluorinated organic chemicals containing at least one fully fluorinated
117carbon atom. 7 of 10
118 (b) The commissioner shall not issue a license pursuant to section 66 for the retail sale of
119any fertilizer or other soil amendment which contains any measurable PFAS.
120 SECTION 8. Chapter 16 of the General Laws, as appearing in the 2022 Official Edition,
121is hereby amended by adding the following 2 sections:-
122 Section 25. The department shall investigate and study the sludge disposal needs of the
123commonwealth, including, but not limited to, appropriate management techniques for source,
124toxicity and volume reduction, wastewater treatment design and operation and any other
125innovative, environmentally sound technologies. Said investigation shall identify, to the
126maximum practical extent:
127 (1) the sources, types, toxicity and quantities of sewage sludge generated at each
128wastewater treatment plant;
129 (2) the current means for collection, transfer, processing and disposal of sludge, and the
130length of, and termination date of any existing contract entered into by any city or town for the
131contracting of the collection, transfer, processing and disposal of sludge; and
132 (3) the adequacy of wastewater treatment facilities to protect employees on-site, the
133public health, safety and environment.
134 The department, after not less than 3 public hearings, held in geographically diverse areas
135of the commonwealth, and a public comment period, shall develop and maintain a
136comprehensive statewide master plan for sludge including any necessary provisions to meet
137eligibility requirements under any federal program for financial aid in sludge management. Any 8 of 10
138amendment, alterations or changes to said master plan shall be adopted only after a public
139hearing.
140 For the purposes of this section, toxicity shall include any and all pathogens, chemicals or
141other agents or molecules regulated by the commonwealth, and any substance known to cause
142harm to human health.
143 The comprehensive statewide master plan referred to herein shall describe, to the
144maximum practicable extent, a short and long-range program for reduction and management of
145sludge throughout the commonwealth, and the funding for the development of such systems,
146infrastructure and facilities which the department finds to be reasonably necessary.
147 Without limitation of the foregoing, said plan shall, to the maximum practicable extent,
148include, but not be limited to:
149 (1) A program for providing technical assistance and funding to cities and towns to
150develop local sludge management plans;
151 (2) A template local sludge management plan which cities and towns shall adopt and may
152alter provided that any alterations are certified by the department as being compliance with the
153goals of this section, and provided further that no city or town shall be required to adopt a plan
154without having received technical assistance and funding from the department;
155 (3) Goals and measurable benchmarks for the reduction, processing, toxicity and disposal
156of sludge in the commonwealth, as well as methods and solutions to achieve said goals and
157benchmarks, including, but not limited to:
158 (i) the creation and maintenance of specialized landfills for sludge disposal; 9 of 10
159 (ii) the transportation of sludge out of the commonwealth;
160 (iii) the implementation of methods for reducing the volume and toxicity of sludge,
161including by facilitating source reduction and remediation;
162 (iv) the development of new or improved technologies and methods for reducing the
163volume and toxicity of sludge; and
164 (v) the remediation of toxic chemicals and substances in wastewater and in sludge;
165 (4) Criteria that would trigger updates to the plan, including, but not limited to,
166advancements in the treatment of sludge, and procedures for determining if and how sludge
167could possibly be safely applied to land in the commonwealth; and
168 (5) Estimates of the expected financial resources, and any regulatory or statutory changes,
169needed to implement said plan.
170 The statewide master plan for sludge shall be posted online on the department’s website.
171All data, comments and reporting used by the department in drafting the plan shall be made
172easily available to the public on the department’s website.
173 Section 25A. The department of environmental protection shall establish a grant program
174to aid municipalities and publicly owned wastewater treatment plants in researching practices
175and technologies; implementing practices, technologies and programs; and overhauling systems
176and infrastructure to reduce the volume of sludge and reduce the toxicity of the wastewater
177entering the treatment plant.
178 SECTION 9. Notwithstanding any general or special law to the contrary, cities and towns
179which can demonstrate that they are incurring additional costs for sludge disposal under section 10 of 10
180171A of chapter 111 of the general laws, as inserted by this act, shall annually submit to the
181division of local services within the department of revenue, itemized financial statements
182demonstrating costs for sludge disposal for the current fiscal year as well as for the 3 years
183preceding the effective date of this act. The division shall certify costs submitted by
184municipalities within 90 days of having received a submission. Any additional costs incurred by
185a city or town for sludge disposal under section 171A of chapter 11 of the general laws, as
186inserted by this act, as certified by the division, shall be reimbursed at a rate of 100 per cent not
187more than 30 days after the costs have been certified, provided that the reimbursement shall be
188discounted equal to the estimated rate of inflation. For the purposes of this section, sludge shall
189be defined by section 18 of chapter 16 of the general laws.
190 SECTION 10. The comprehensive statewide master plan required by section 25 of
191chapter 16 of the General Laws, as inserted by this act, shall be completed not later than
192December 31, 2026 and shall be submitted to the joint committee on agriculture, the joint
193committee on the environment and natural resources, the house and senate committees on ways
194and means and the clerks of the house of representatives and the senate.