Amendment ID: S3050-199
Amendment 199
Protecting soils, farms and public health from PFAS contamination
Ms. Comerford, Messrs. Cyr and Keenan, Ms. Howard, Ms. Jehlen, Messrs. Moore and Payano, Ms. Edwards and Messrs. Driscoll and Gómez move that the proposed new draft be amended by adding the following 3 sections:-
SECTION X. Section 8 of Chapter 21A of the General Laws is hereby amended by inserting after the words “one hundred and sixty-six, inclusive” the following words:- , one hundred and seventy-one A.
SECTION XX. Chapter 29 of the General Laws is hereby amended by inserting after section 2FFFFFF the following section:-
Section 2GGGGGG. (a) 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, incurred costs or reasonably anticipate suffering losses or incurring costs resulting from the actual or suspected presence of PFAS in soil, water, livestock or agricultural products; provided, that eligibility for this fund shall not extend to individuals or entities who knowingly engage in the land application of sludge, as defined in section 171A of chapter 111, after June 30, 2030. For the purposes of this section, “PFAS” shall mean a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(b) The Agricultural PFAS Relief Fund shall be credited with money from: (i) amounts recovered by the commonwealth and credited thereto in connection with claims arising from the sources of PFAS contamination found in sludge products applied on agricultural land; (ii) any appropriations authorized by the general court specifically designated to be credited to the fund; (iii) gifts, grants and donations from public or private sources; (iv) federal reimbursements and grants-in-aid; and (v) any interest earned from the fund.
(c) 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: (i) 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 or suspected presence of PFAS; (ii) development and implementation of educational resources for farmers to adapt to management changes resulting from the presence of PFAS; (iii) physical and mental health needs of farm owners, farm workers and personnel resulting from exposure to PFAS; (iv) remediation practices and needed infrastructure for the elimination of, adjustment to or protection from the presence or suspected presence of PFAS; and (v) development of PFAS testing capacity at the Center for Agriculture, Food and the Environment at the University of Massachusetts at Amherst or other public institutions of higher education in the commonwealth. Regulations shall comply with the department of agricultural resources’ environmental justice policy.
(d) 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.
(e) The commissioner of agricultural resources shall report annually to the house and senate committees on ways and means and the joint committee on agriculture and fisheries 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;
SECTION XXX. Chapter 111 of the General Laws is hereby amended by inserting after section 171 the following section:-
Section 171A. (a) For the purposes of this section, the following words shall have the following meanings:
“Fertilizer”, shall be as defined in section 64 of chapter 128.
“Sludge”, the solid, semi-solid, and liquid residue that results from a process of wastewater treatment, sometimes referred to as biosolids, or drinking water treatment.
(b) The application of sludge on land is prohibited.
(c) Fertilizer derived from or containing sludge, soil amendments derived from or containing 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 distributed in the commonwealth.
(d) A manufacturer of any fertilizer or other soil amendment shall submit written notice to the department of agricultural resources certifying that said fertilizer or other soil amendment is not derived from and does not contain sludge. The manufacturer’s written notice shall be submitted electronically in a format to be specified by the department of agricultural resources, in consultation with the department of environmental resources. The department of agricultural resources shall make information reported under this subsection available to the public via the department’s website;
and by adding the following item:-
XXXX.XXXX For the capitalization of the Agricultural PFAS Relief Fund established in section 2GGGGGG of chapter 29 of the General Laws……………………$50,000,000