Senate committee narrows PFAS bill language, sets 2029 ban for firefighting PPE and orders 2028 report

The Senate Committee on Health & Welfare reviewed a near-final draft of H.238 on May 8 and took direction on multiple product bans, notice requirements and reporting deadlines tied to PFAS regulation.

Committee members emphasized changes to the bill’s definition of “intentionally added” PFAS, agreed to move stationwear into apparel provisions with manufacturer notice requirements through 2027, set a prohibition on the sale of PFAS-containing personal protective equipment (PPE) to take effect July 1, 2029, and directed the Agency of Natural Resources (ANR), in consultation with the Department of Public Safety, to report by December 27, 2028, on the availability, safety and cost of PFAS-free PPE.

Committee staff introduced draft 2.2 of H.238 and walked members through a substantial rewrite of the intentionally added definition, replacing a prior test tied to whether a manufacturer “knew or reasonably could have ascertained” PFAS presence with a simpler formulation that treats PFAS intentionally added if the substance is added to a product or one of its components to provide a specific characteristic or function. The committee agreed that the earlier ‘‘known or reasonably ascertainable’’ language could be removed if the new definition is adopted.

Members debated whether…