Health & Welfare reviews revised H.238 on PFAS; adds firefighter stationwear language

The Vermont Senate Health & Welfare Committee on April 26 reviewed Draft 1.1 of H.238, a bill that would tighten limits on PFAS in consumer products, clarify when PFAS are considered “intentionally added,” and fold language from H.250 into the measure to cover firefighter stationwear and related personal protective equipment.

Committee staff member Michael summarized draft changes, including a new clarification excluding PFAS from being treated as intentionally added “on the basis of water used in the manufacture of the product” where the water comes from a permitted public water system under the public water supply chapter. Michael also said the draft restores reporting requirements and adjusts multiple effective dates tied to product prohibitions and agency reporting.

The committee discussed several substantive revisions:

- Water/manufacturing carve-out: The draft adds attorney‑general–requested language that would not treat PFAS as intentionally added solely because water used in manufacturing contained PFAS, provided that water came from a public water system permitted under the public water supply chapter or otherwise met the PFAS maximum contaminant levels in ANR rules. Michael explained that language is intended to prevent routine, incidental traces in manufacturing water from triggering the “intentionally added” standard.

- Fluorinated containers and deadlines: The draft moves the deadline for prohibiting the sale or distribution of fluorinated (fluorinated‑treated) containers and certain consumer products from 2030 to 2032 and removes a prior attorney‑general rulemaking exception. The committee discussed whether the later date gives manufacturers and supply chains time to adopt alternatives.

- Firefighter PPE and stationwear (H.250 integration): The draft adds “stationwear” (uniform shirts and pants worn by firefighting personnel) to existing notice requirements for equipment that contains PFAS. Under the draft, manufacturers and sellers of PPE or stationwear must provide written notice at the time of sale that the item contains PFAS and retain that notice for three years. Michael said, “3 years is the statute of limitations for claims,” explaining the retention period mirrors common practice. The draft also includes a prohibition, scheduled to take effect in mid‑2028 in earlier versions, to bar sales of PPE or stationwear with intentionally added PFAS; the prohibition retains an explicit exception for certain respirators or respirator protection equipment.

- Effective date adjustment: Committee members proposed and the drafter agreed to move the proposed effective date for the sales prohibition on stationwear and some PPE from July 1, 2028, to July 1, 2029, to allow more time for consultation and transition. Committee staff described an alternative to delaying the date: require ANR to report back after consulting with emergency management, volunteer and professional fire organizations before finalizing an effective date.

- Reports and interagency roles: The draft keeps multiple reporting deadlines. Michael noted that the main ANR report on PFAS and complex durable goods and food will begin in 2027, and a subsequent update will be provided as testimony to the committee by Jan. 15, 2029. He said, “I will note that the report on food is coming from the Agency of Agriculture, but the update is coming from the Agency of Natural Resources.”

- Juvenile products and small vehicles: Committee members raised questions about whether ATVs and small recreational vehicles marketed to children fall within the bill’s definition of juvenile products; staff recommended adding a placeholder and consulting stakeholders and relevant statutory definitions before the next draft. Michael said, “Let’s put a placeholder in and then have that conversation with folks,” and the committee agreed to revisit the point.

Committee members—particularly those representing districts with volunteer fire departments—pressed on cost and replacement implications for volunteer departments that typically buy used gear. A volunteer commenter said departments “can’t afford to keep the new unit” and are often buying used gear; senators responded that funding to help volunteers replace gear would be a separate policy question and was not contained in the draft.

The committee did not take a formal vote during the session. Members directed staff to: adjust the draft to reflect the date change to July 1, 2029, add a placeholder for small/juvenile vehicles where appropriate, and seek follow‑up consultation with the Agency of Natural Resources, emergency management officials, the Agency of Agriculture (for food‑related PFAS reporting), and firefighter organizations. The committee scheduled further consideration of the bill at an upcoming meeting.