House Bill 1649-FN is a comprehensive piece of legislation that seeks to regulate the use of per and polyfluoroalkyl substances (PFAS) in a variety of consumer products within New Hampshire, with the goal of restricting their sale, distribution, and offering for sale starting January 1, 2027. The bill targets products such as carpets, cosmetics, food packaging, and upholstered furniture, among others, and provides exemptions for certain items, including those with significant recycled content, manufactured before the ban, or as replacement parts for pre-ban products. Additionally, the bill mandates the Department of Environmental Services to join a multi-jurisdictional clearinghouse to aid in the ban's implementation, maintain a database of PFAS-containing products, and manage manufacturer obligations. It also requires manufacturers to provide certificates of compliance and establishes a new full-time environmentalist position within the department, appropriates funds for PFAS remediation, and amends hazardous waste law definitions to include PFAS-specific terms.

Furthermore, the bill introduces civil actions for PFAS contamination, allowing the attorney general to recover costs or mandate remediation efforts. It imposes strict liability on owners or operators of PFAS facilities responsible for significant contamination, while exempting public water systems and wastewater treatment plants. Property owners with PFAS-contaminated drinking water are entitled to safe drinking water provisions, and the bill prioritizes the use of funds from PFAS litigation for supporting public water systems through the drinking water and groundwater trust fund. The bill also adjusts borrowing conditions for environmental projects and includes contingency amendments regarding the definition of a PFAS facility. Notably, the bill deletes a fiscal note indicating no impact on state, county, or local revenues or expenditures, and exempts the DES PFAS removal rebate program from rulemaking requirements for the biennium ending June 30, 2025.

Statutes affected:
As Amended by the Senate (2nd): 147-B:2, 147-B:10, 485:1-a, 485-H:6, 6:13-e
Version adopted by both bodies: 147-B:2, 147-B:10, 485:1-a, 485-H:6, 6:13-e