H109 — An Act protecting our soil and farms from PFAS contamination

Summary

An Act protecting our soil and farms from PFAS contamination

Bill Text

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The bill establishes various protections for farmers against PFAS-related liabilities and creates funds to support them, while regulating the use of PFAS in agricultural products and practices.

• Chapter 20, Section 33

  An individual or entity engaged in the practice of farming, as defined in section 1A of chapter 128, shall be immune from suit and civil liability for any damages resulting from claims based on harms caused by PFAS present in soil, water or agricultural products as a result of standard agricultural practices.

  Farmers are granted immunity from lawsuits related to PFAS contamination due to standard farming practices.

• Chapter 29, Section 2EEEEEE

  There shall be established and set up on the books of the commonwealth a separate fund to be known as the Agricultural PFAS Relief Fund, which shall be used exclusively to assist farmers in the commonwealth who have suffered losses or incurred costs resulting from standard agricultural practices that may have resulted in the actual or suspected presence of PFAS in soil, water or agricultural products.

  Creates a dedicated fund to help farmers affected by PFAS contamination.

• Chapter 29, Section 2FFFFFF

  There shall be established and set up on the books of the commonwealth a separate fund to be known as the Agricultural Fertilizer Purchasing Fund, which shall be used to assist commercial farmers in the commonwealth who can demonstrate that they are incurring additional costs in purchasing fertilizer as a result of the disallowance of use of products containing PFAS.

  Establishes a fund to assist farmers with increased fertilizer costs due to PFAS regulations.

• Chapter 61A, Section 12

  No conveyance tax under this section shall be assessed on land that is removed from agricultural or horticultural use due to regulatory action regarding the actual or suspected presence of PFAS in soil, water, or agricultural products derived from such land.

  Exempts farmers from conveyance taxes if their land is regulated due to PFAS issues.

• Chapter 61A, Section 13

  No roll-back tax imposed by this section shall be assessed on land that no longer meets the definition of land actively devoted to agricultural, horticultural or agricultural and horticultural use due to regulatory action regarding the actual or suspected presence of PFAS in soil, water or agricultural products derived from such land.

  Protects landowners from roll-back taxes when land use changes due to PFAS regulation.

• Chapter 21A, Section 8

  , one hundred and seventy-one A

  Expands the sections referenced in the chapter to include new regulatory frameworks regarding PFAS.

• Chapter 111, Section 171A

  The application of biosolids on land is prohibited.

  Prohibits the application of biosolids in relation to agricultural practices.

• Chapter 111, Section 171A

  Fertilizer derived from or containing biosolids or sewage sludge, soil amendments derived from or containing sewage sludge and other product or material that is intended for use as a fertilizer, soil amendment, topsoil replacement or mulch or for other similar agricultural purpose that is derived from or contains sludge shall not be sold or otherwise transferred to consumers unless the manufacturer of said product can prove that said product contains no measurable PFAS.

  Regulates the sale of certain fertilizers containing PFAS, requiring manufacturers to provide evidence of PFAS absence.

• Chapter 111, Section 171A

  The department of environmental protection, in coordination with the department of public health and the department of agricultural resources, shall promulgate rules and regulations necessary to carry out and enforce this section.

  Assigns specific departments the task of creating regulations to enforce PFAS provisions.

• Chapter 128, Section 66A

  The commissioner shall not issue a license pursuant to section 66 for the retail sale of any fertilizer or other soil amendment that has not been tested for the presence of PFAS in accordance with section 171A of chapter 111.

  Mandates testing for PFAS before any fertilizer or soil amendment can be licensed for retail sale.

• Chapter 128, Section 66A

  The commissioner shall not issue a license pursuant to section 66 for the retail sale of any fertilizer or other soil amendment which contains any measurable PFAS.

  Prohibits the sale of fertilizers containing detectable levels of PFAS.

Sponsors

• James C. Arena-DeRosa · Primary

Subjects