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Committee backs further study of PFAS liability limits, declines to endorse eliminating statute of limitations
Summary
The House Judiciary Committee recommended further legislative consideration of PFAS contamination rules while stopping short of endorsing elimination of the statute of limitations in the current draft of House Bill 1089.
The House Judiciary Committee on an interim-study motion voted to recommend further legislative consideration of PFAS contamination issues, while declining to endorse the draft of House Bill 1089 that would affect the statute of limitations for civil claims.
Representative Bell, the bill sponsor, told the committee the bill has been refiled and that she is working with the Office of Legislative Services on language to set an explicit period for PFAS-related claims rather than creating an indefinite remedy. "An entity would need more time than six years to disentangle the very complex situation of liability for the damages to water supplies and to individuals in Merrimack," Bell said, noting a consent decree has already addressed some issues.
Debate centered on whether the committee should recommend action on the subject matter generally or on the specific bill language. Representative Tripp moved that the House take no further action on HB1089, arguing an open time limit is "a little excessive." Representative Smith and others countered that the problem of PFAS exposures is real and that the sponsor should be supported in drafting an improved bill. The chair proposed and the committee adopted a compromise: without endorsing elimination of the statute of limitations, the panel would recommend further legislation on PFAS contamination for the next session.
On procedure, members sought clarity from the chair about the practical effect of a recommendation. The chair said a committee recommendation does not bar filing new bills; it merely signals the committee's view to the broader House. The recorded roll call on the compromise motion was reported in the transcript as 16 to 1 in favor of recommending further consideration.
The committee's report on HB1089 will be drafted by the chair and circulated to members. No final statutory change was adopted; sponsors and staff were directed to continue drafting and to seek further input from experts and stakeholders.
The committee closed the HB1089 hearing and moved to its next agenda item.
