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House concurs in Senate's amended PFAS ban and moves to protect firefighters from PFAS-treated gear

3550702 · May 28, 2025
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Summary

The House concurred in the Senate proposal of amendment to H.238, which phases out certain consumer products containing intentionally added PFAS and adds a phased prohibition on PFAS in firefighting personal protective equipment with delayed dates and reporting requirements.

The Vermont House concurred in the Senate's proposal of amendment to H.238, legislation that phases out consumer products containing intentionally added PFAS and places new limits on PFAS in firefighting gear and related station wear.

Member from East Montpelier (Representative) described the Senate's four main changes to the House-passed bill and said the House Environment Committee supported concurrence on a unanimous 11-0-0 straw poll. The House then concurred by voice vote.

The amendments clarify and delay implementation dates for the definition of "intentionally added" PFAS to align with an approach used in Rhode Island, moving the regulated-definition implementation date to July 1, 2027. The Senate also adjusted timelines and reporting requirements for restrictions on fluorine-treated containers, pushed the broad container prohibition date from 2030 to 2032, and removed an "unavoidable use" waiver process previously available in the House version.

Sections added by the Senate require the Agency of Natural Resources (ANR) to report by Jan. 15, 2027, on whether other states have regulated fluorine-treated containers and by Dec. 2028 on availability of PFAS-free firefighting personal protective equipment. The Senate's most substantial addition bans intentionally added PFAS in firefighting personal protective equipment effective July 1, 2029, with an exemption allowing sale of respirators containing PFAS until July 1, 2032, because affordable respirators without PFAS were not expected to be available by 2029.

Supporters cited firefighter health concerns and elevated cancer rates in the firefighting community as grounds for the prohibition. The record shows testimony to committees from ANR's waste division, the Professional Firefighters of Vermont, and the Vermont Public Interest Research Group. The House concurred in the Senate changes; the floor voice-vote tally was not specified in the transcript.

The amended timeline requires ANR to provide the availability report on PFAS-free PPE to relevant legislative committees and the Vermont League of Cities and Towns to inform local fire departments.

No roll-call tally for the floor vote was recorded in the transcript excerpt.