Health & Welfare Committee reviews final draft of H.238 to tighten PFAS limits, stages PPE phase‑out

The Health & Welfare Committee met May 15 to review what staff described as the final draft of H.238, a bill that expands state restrictions on per‑ and polyfluoroalkyl substances (PFAS) in consumer products and firefighting equipment.

Committee staff member Michael walked the panel through draft 3.5, describing additions to the list of regulated consumer products, changes to the definition of "intentionally added," and a phased prohibition on PFAS in some personal protective equipment (PPE). "The manufacturer shall not sell, offer for sale, distribute for sale, or distribute for use in the state" any covered product sold in a fluorinated container after the applicable effective date, Michael said while outlining the provision on fluorinated containers.

The nut graf: the draft tightens limits and staggers bans so manufacturers and fire departments have time to adapt. The bill adds product categories (for example, dental floss and certain cleaning products), updates definitions to capture more ways PFAS can enter products, and sets separate effective dates for textile articles, respirators and other PPE.

Most immediately, the draft moves some effective dates to 2026 and 2027. Michael said the general effective date for many consumer‑product provisions will be Jan. 1, 2026, while the revised definition of "intentionally added" becomes effective July 1, 2027. The draft also incorporates a limit of 150 parts per million for certain textile articles and allows some textile articles limited amounts (examples cited in committee discussion included 50 parts per million for certain stationwear and textile articles).

On firefighting PPE the bill uses a staged approach. Beginning July 1, 2026, manufacturers must provide written notice when PPE contains PFAS and keep records for three years. Beginning July 1, 2029, the draft would ban sale and distribution of PPE to which PFAS has been intentionally added, with a carve‑out for respirators and respirator protection equipment. Michael said that carve‑out ends on Jan. 1, 2032, at which point the respirator exclusion would be removed and the broader PPE prohibition would apply to those items as well.

The bill also adds a provision restricting consumer products that are sold in fluorinated (PFAS‑treated) containers; those treated containers would be banned for sale and distribution in the state beginning Jan. 1, 2032, with a used‑product exception described in the draft.

Committee members and staff stressed they wanted more information before a final vote. Michael said the Agency (referred to in the draft as "A and R") will report on other states' regulatory programs that use a broad definition of PFAS, and will provide at least two updates — the first by Jan. 16, 2027, and a second by Jan. 15, 2029. The draft also directs a report on the availability and cost of PFAS‑free PPE for firefighting; Michael said that report is due to the General Assembly by Dec. 2028 and will summarize availability and comparative costs in the state.

Committee members noted the need to avoid gaps that could leave firefighters without safe alternatives. One committee member said, "We just need to be very attentive," while another acknowledged the compromise to preserve respirators temporarily because "we certainly don't want people breathing in PFAS, but [we] don't have a replacement" yet.

The committee held a straw poll on approving draft 3.5 as the working draft to send out for final edits. Several members voiced support for moving the draft forward. The chair said staff would make minor edits (removing outdated section numbering and cleaning formatting) and circulate the revised draft.

The meeting record shows this was a committee‑level review and a straw poll; Michael and staff identified multiple, staggered effective dates and required reports but no final enacted provisions were reported from the floor. The committee did not record a formal roll‑call passage of H.238 during this session.

Looking ahead, Michael and committee members said they expect additional review and possible technical edits before the bill advances beyond the Health & Welfare Committee. The committee also referenced coordination with state and federal agencies and with the Vermont League of Cities and Towns (VLCT) so local fire departments can access the report and plan transitions.