Amendment #8 to H4876

Agricultural PFAS Relief Fund

Mr. Schmid of Westport moves to amend the amendment by adding the following section:

SECTION XXXX. Chapter 29 of the General Laws is hereby amended by inserting after section 2DDDDDD the following section:-

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.

For the purposes of this section, “PFAS” shall be as defined and regulated by the department of environmental protection or identified, on the basis of a health assessment conducted pursuant to the department’s drinking water regulations, as posing an unacceptable health risk to consumers.

The Agricultural PFAS Relief Fund may receive money from: any appropriations authorized by the general court specifically designated to be credited to the fund; gifts, grants and donations from public or private sources; federal reimbursements and grants-in-aid; and any interest earned from the fund. The commissioner of agricultural resources shall promulgate rules and regulations to direct the expenditure of money from this fund for purposes including, but not limited to: testing of soil, water, or agricultural products for PFAS; costs incurred from adapting management and business practices as a result of the disallowance of use of products containing PFAS or the disruption of business caused by the presence of PFAS; development and implementation of educational resources for farmers to adapt to management changes resulting from the presence of PFAS; physical and mental health needs of farm owners and personnel resulting from exposure to PFAS; remediation practices and needed infrastructure for the elimination of PFAS; development of PFAS testing capacity at The University of Massachusetts Amherst Center for Agriculture, Food and the Environment. Regulations shall follow the department of agricultural resource’s environmental justice policy.

The state treasurer shall be the custodian of the fund and shall receive, deposit and invest all funds under this section to ensure the highest interest rate available consistent with the safety of the fund. The books and records of the fund shall be subject to an annual audit by the state auditor.

The department of agricultural resources may expend money in the fund without further appropriation and no expenditure from the fund shall cause it to be in deficiency at the close of a fiscal year. The commissioner of agricultural resources shall report annually to the house and senate committees on ways and means and the joint committee on agriculture on income received into the fund and sources of that income, any expenditure from the fund and the purpose of that expenditure and the fund’s balance. Money in the fund at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent year and shall not be subject to section 5C of chapter 29.

Additional co-sponsor(s) added to Amendment #8 to H4876

Agricultural PFAS Relief Fund