HOUSE DOCKET, NO. 3324 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 2197
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Kate Hogan and Julian Cyr
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to protect Massachusetts public health from PFAS.
_______________
PETITION OF:
NAME: DISTRICT/ADDRESS: DATE ADDED:
Kate Hogan 3rd Middlesex 1/19/2023
Julian Cyr Cape and Islands 1/24/2023
Jack Patrick Lewis 7th Middlesex 1/24/2023
Mindy Domb 3rd Hampshire 1/24/2023
James C. Arena-DeRosa 8th Middlesex 1/24/2023
Steven Owens 29th Middlesex 1/24/2023
Rebecca L. Rausch Norfolk, Worcester and Middlesex 1/24/2023
Kimberly N. Ferguson 1st Worcester 1/24/2023
Adam Scanlon 14th Bristol 1/24/2023
Rodney M. Elliott 16th Middlesex 1/24/2023
Lindsay N. Sabadosa 1st Hampshire 1/24/2023
Christopher Hendricks 11th Bristol 1/24/2023
Sarah K. Peake 4th Barnstable 1/24/2023
Patricia A. Duffy 5th Hampden 1/24/2023
Tram T. Nguyen 18th Essex 1/24/2023
Brian W. Murray 10th Worcester 1/25/2023
Angelo J. Puppolo, Jr. 12th Hampden 1/25/2023
Aaron L. Saunders 7th Hampden 1/25/2023
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Steven Ultrino 33rd Middlesex 1/25/2023
Adrianne Pusateri Ramos 14th Essex 1/25/2023
Simon Cataldo 14th Middlesex 1/25/2023
Christine P. Barber 34th Middlesex 1/25/2023
Paul J. Donato 35th Middlesex 1/25/2023
David Paul Linsky 5th Middlesex 1/26/2023
Josh S. Cutler 6th Plymouth 1/26/2023
Jessica Ann Giannino 16th Suffolk 1/27/2023
James K. Hawkins 2nd Bristol 1/27/2023
Sean Garballey 23rd Middlesex 1/27/2023
Carmine Lawrence Gentile 13th Middlesex 1/28/2023
Angelo L. D'Emilia 8th Plymouth 1/30/2023
Kevin G. Honan 17th Suffolk 1/30/2023
Ruth B. Balser 12th Middlesex 1/31/2023
Ann-Margaret Ferrante 5th Essex 1/31/2023
Thomas M. Stanley 9th Middlesex 2/3/2023
David M. Rogers 24th Middlesex 2/3/2023
Adrian C. Madaro 1st Suffolk 2/3/2023
Samantha Montaño 15th Suffolk 2/3/2023
Sally P. Kerans 13th Essex 2/4/2023
Joseph D. McKenna 18th Worcester 2/6/2023
Mary S. Keefe 15th Worcester 2/6/2023
Michelle M. DuBois 10th Plymouth 2/7/2023
Andres X. Vargas 3rd Essex 2/8/2023
Tricia Farley-Bouvier 2nd Berkshire 2/8/2023
David Allen Robertson 19th Middlesex 2/8/2023
Patrick M. O'Connor First Plymouth and Norfolk 2/8/2023
Tackey Chan 2nd Norfolk 2/9/2023
Kay Khan 11th Middlesex 2/9/2023
Margaret R. Scarsdale 1st Middlesex 2/9/2023
Edward R. Philips 8th Norfolk 2/9/2023
James B. Eldridge Middlesex and Worcester 2/10/2023
William C. Galvin 6th Norfolk 2/13/2023
Joanne M. Comerford Hampshire, Franklin and Worcester 2/13/2023
Kelly W. Pease 4th Hampden 2/15/2023
James Arciero 2nd Middlesex 2/15/2023
Paul McMurtry 11th Norfolk 2/15/2023
Patrick Joseph Kearney 4th Plymouth 2/16/2023
Danillo A. Sena 37th Middlesex 2/17/2023
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John Barrett, III 1st Berkshire 2/21/2023
Kate Lipper-Garabedian 32nd Middlesex 2/22/2023
Natalie M. Higgins 4th Worcester 2/22/2023
Christopher Richard Flanagan 1st Barnstable 2/23/2023
David Henry Argosky LeBoeuf 17th Worcester 2/23/2023
Jennifer Balinsky Armini 8th Essex 2/28/2023
Lydia Edwards Third Suffolk 3/2/2023
Paul R. Feeney Bristol and Norfolk 3/5/2023
Dylan A. Fernandes Barnstable, Dukes and Nantucket 3/6/2023
William J. Driscoll, Jr. 7th Norfolk 3/6/2023
Marcus S. Vaughn 9th Norfolk 3/7/2023
John F. Keenan Norfolk and Plymouth 3/9/2023
Bradley H. Jones, Jr. 20th Middlesex 3/10/2023
Carol A. Doherty 3rd Bristol 3/13/2023
Hannah Kane 11th Worcester 3/15/2023
Tommy Vitolo 15th Norfolk 3/15/2023
Carlos González 10th Hampden 3/17/2023
Alice Hanlon Peisch 14th Norfolk 3/22/2023
Jeffrey Rosario Turco 19th Suffolk 3/22/2023
Kenneth I. Gordon 21st Middlesex 3/22/2023
Bruce E. Tarr First Essex and Middlesex 3/23/2023
Natalie M. Blais 1st Franklin 3/26/2023
Steven George Xiarhos 5th Barnstable 5/15/2023
Kathleen R. LaNatra 12th Plymouth 6/12/2023
Mike Connolly 26th Middlesex 6/14/2023
F. Jay Barrows 1st Bristol 6/14/2023
David T. Vieira 3rd Barnstable 6/15/2023
Susannah M. Whipps 2nd Franklin 6/15/2023
Susan Williams Gifford 2nd Plymouth 6/20/2023
Richard M. Haggerty 30th Middlesex 6/20/2023
Kristin E. Kassner 2nd Essex 6/21/2023
Christopher M. Markey 9th Bristol 6/26/2023
Kate Donaghue 19th Worcester 7/5/2023
Peter Capano 11th Essex 7/18/2023
Michael D. Brady Second Plymouth and Norfolk 7/24/2023
Michelle L. Ciccolo 15th Middlesex 9/12/2023
Steven S. Howitt 4th Bristol 10/24/2023
Marc R. Pacheco Third Bristol and Plymouth 11/6/2023
Alyson M. Sullivan-Almeida 7th Plymouth 12/21/2023
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HOUSE DOCKET, NO. 3324 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 2197
By Representative Hogan of Stow and Senator Cyr, a joint petition (accompanied by bill, House,
No. 2197) of Kate Hogan, Julian Cyr and others for legislation to protect public health from
PFAS. Public Health.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
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
2 section 35SSS the following section:-
3 Section 35TTT. (a) As used in this section, the following words, unless the context
4 clearly requires otherwise, shall have the following meanings:-
5 “Board of health”, any body politic or political subdivision of the commonwealth that
6 acts as a board of health, public health commission or a health department for a municipality,
7 region or district, including, but not limited to, municipal boards of health, regional health
8 districts established pursuant to G.L. c. 111, § 27B and boards of health that share services
9 pursuant to G.L. c. 40, § 4A.
10 “Office”, executive office of energy and environmental affairs.
11 “Per- and polyfluoroalkyl substances” or “PFAS”, as defined in 310 CMR 22.07G.
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12 “Regional system”, any system established by mutual agreement of 2 or more
13 municipalities or by a county in which all municipalities of said county have an agreement to
14 provide drinking water or wastewater services, or both, through shared facilities, sources or
15 distribution networks.
16 “Secretary”, secretary of energy and environmental affairs.
17 (b) (1) There shall be a PFAS Remediation Trust Fund. Expenditures from the fund shall
18 be made by the executive office of energy and environmental affairs, without further
19 appropriation and consistent with the terms of settlements made in connection with claims
20 arising from the manufacture, marketing or sale of PFAS-containing aqueous film-forming foam,
21 as applicable. The secretary of energy and environmental affairs shall administer the fund.
22 (2) The fund shall be expended to mitigate the impacts of PFAS contamination in
23 drinking water, groundwater, and soil in the commonwealth, including, but not limited to,
24 assisting municipalities, private well owners, and public water systems with the cost of PFAS
25 remediation projects. Amounts credited to the fund shall not be subject to further appropriation
26 and monies remaining in the fund at the end of the fiscal year shall not revert to the General
27 Fund, but shall instead be available for expenditure during the next fiscal year. Any fiscal year-
28 end balance in the fund shall be excluded from the calculation of the consolidated net surplus
29 pursuant to G.L. c. 29, § 5C.
30 (3) There shall be credited to the fund: (i) amounts recovered by the commonwealth and
31 credited thereto in connection with claims arising from the manufacture, marketing or sale of
32 PFAS-containing aqueous film-forming foam; (ii) transfers from other funds authorized by the
33 general court and so designated; (iii) funds from public or private sources, including, but not
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34 limited to, gifts, grants, donations, rebates and settlements received by the commonwealth
35 designated to the fund; and (iv) any interest earned on such amounts.
36 (c) The secretary shall award and administer grants from the fund, without further
37 appropriation, for the purpose of addressing exceedances of state cleanup standards for PFAS in
38 drinking water, groundwater and soil to: (i) municipalities for municipal use, including, but not
39 limited to, establishing connections to regional systems and funds necessary to address the
40 reasonable administrative costs of the municipality; (ii) boards of health for use in assisting
41 private well users; (iii) community water systems for use on an existing system or to expand a
42 system to assist additional water users; and (iv) non-transient non-community water systems.
43 (d) The office shall adopt rules, and include conditions in grant documents, to ensure that
44 the applicant has made and will make reasonable efforts to obtain and use funds from any liable
45 or potentially liable third party, excluding public sector fire departments for the use of Class B
46 firefighting foam in emergency responses, prior to and after receiving a grant. In addition, the
47 office shall adopt rules establishing criteria to ensure that an applicant shall not be eligible for
48 grants for any project or portion of a project to the extent the negligence of the applicant caused
49 the contamination that resulted in the exceedance of state cleanup standards for PFAS in drinking
50 water, groundwater and soil.
51 (e) If the office provides a grant related to costs for a project for which a third party might
52 otherwise be liable, the right to recover payment from such third party, excluding public sector
53 fire departments for the use of Class B firefighting foam in emergency responses, shall be
54 subrogated to the office to the extent of such forgiveness or grant. Any money recovered by the
55 office from such third parties shall be deposited in the PFAS Remediation Trust Fund.
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56 (f)(1) The office may collaborate with the department of public health to provide funding
57 for boards of health to establish a program of rebates to private well users. Eligible spending for
58 rebate shall include, but not be limited to, sampling of private well water for PFAS regulated by
59 the department of environmental protection under 310 CMR 22.00 and purchase of point-of-
60 entry or point-of-use treatment systems to remove PFAS from drinking water.
61 (2) Boards of health may opt in to receive funding from the office pursuant to paragraph
62 (1), and may apply for and receive funds from the office necessary to cover reasonable
63 administrative costs related to implementation of said paragraph (1). Boards of health that opt in
64 shall amend their codes to require private well water quality testing for PFAS for property sales
65 and new construction.
66 (3) Annually, not later than August 31, boards of health that opt in under paragraph (2)
67 shall submit a report to the office including information demonstrating compliance during the
68 preceding fiscal year with said paragraph (2).
69 (g) Annually, not later than October 1, the secretary shall file a report on the activity,
70 revenue and expenditures to and from the fund in the prior fiscal year with the clerks of the
71 house of representatives and the senate and the house and senate committees on ways and means,
72 and shall make the report available on the office’s website. The report shall include, but not be
73 limited to: (i) revenue credited to the fund; (ii) the amount of expenditure attributable to the
74 administrative costs of the office; (iii) an itemized list of the funds expended from the fund; and
75 (iv) data and an assessment of how well resources have been directed to environmental justice
76 communities.
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77 SECTION 2. Chapter 21 of the General Laws is hereby amended by inserting after
78 section 43A the following section:-
79 Section 43B. (a) The department of environmental protection shall amend its
80 groundwater discharge permits with requirements for quarterly monitoring and reporting of per-
81 and polyfluoroalkyl substances, commonly referred to as “PFAS”.
82 (b) The department shall amend its surface water discharge permits and groundwater
83 discharge permits issued to industrial permittees with requirements to implement best
84 management practices for discharges of PFAS, including, but not limited to: (i) product
85 elimination or substitution when a reasonable alternative to using PFAS is available in the
86 industrial process; (ii) accidental discharge minimization; and (iii) equipment decontamination or
87 replacement where PFAS products have historically been used.
88 (c) The department shall propose rules and regulations pursuant to G.L. c. 21, § 27 for
89 effluent limitations and pre-treatment requirements for PFAS in groundwater discharge.
90 SECTION 3. Chapter 21A of the General Laws is hereby amended by inserting after
91 section 28 the following section:-
92 Section 29. (a) The office, in collaboration with the executive office of health and human
93 services, shall develop and implement a multilingual outreach program to promote the education
94 of environmental justice populations impacted by per- and polyfluoroalkyl substances,
95 commonly referred to as “PFAS”, contamination. This program shall include the development
96 and distribution of educational materials, the content of which shall include, but