House Bill 1649-FN is a comprehensive piece of legislation aimed at regulating the use of per and polyfluoroalkyl substances (PFAS) in various consumer products within New Hampshire, effective January 1, 2027. The bill mandates that certain products, such as carpets, cosmetics, feminine hygiene products, food packaging, juvenile products, upholstered furniture, and textile furnishings, should not contain intentionally added PFAS. It also requires manufacturers to provide a certificate of compliance upon request and establishes a full-time environmentalist position within the Department of Environmental Services (DES) to oversee the regulations. The bill includes exemptions for certain products and situations, and it appropriates funds for the position and the PFAS remediation fund. Additionally, the bill allows for the recovery of costs related to PFAS contamination and establishes strict liability for owners or operators of PFAS facilities that cause significant contamination.

Furthermore, the bill empowers property owners whose drinking water has been contaminated by PFAS to hold the responsible facility owner or operator liable for providing safe drinking water and covering all reasonable costs. It also amends existing laws to ensure that funds received from PFAS litigation settlements are deposited into the drinking water and groundwater trust fund, specifically aiding public water systems affected by PFAS. The bill exempts the DES's PFAS removal rebate program from rulemaking requirements until June 30, 2025, and outlines the fiscal implications of the legislation, including the deletion of a fiscal note and the appropriation of funds for DES needs. The bill is expected to increase litigation related to PFAS contamination, with some sections taking effect 60 days after passage and others immediately upon passage.

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