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S 56

Establishes a drug checking program

2025 Regular Session Introduced by Cordell Cleare and 7 co-sponsors

Immunizes standard farming activities from PFAS-related civil suits and creates dedicated funds to assist Massachusetts farmers facing PFAS losses and added costs.

REFERRED TO WAYS AND MEANS
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Bill Summary · S 56

Note: the bill text you provided (Senate Docket No. 2176 / Senate No. 56) is a Massachusetts state bill titled "An Act protecting our soil and farms from PFAS contamination." This conflicts with the top-line Bill Information title ("Establishes a drug checking program"). The summary below is based on the Massachusetts bill text and legislative history you provided (PFAS / agriculture bill).

Summary — An Act protecting our soil and farms from PFAS contamination (Senate No. 56 / SD 2176)
Purpose
- To reduce economic, regulatory and public‑health impacts of PFAS contamination on Massachusetts farms by (1) providing liability protection for routine farming activity, (2) creating dedicated funds to assist farmers facing PFAS‑related losses or added costs, and (3) exempting certain tax assessments when land is removed from agricultural use because of PFAS regulatory action.

Key provisions
1. Farmer liability protection (new G.L. c.20, §33)
- Individuals or entities engaged in farming (as defined in G.L. c.128, §1A) are immune from civil suit and damages for harms caused by PFAS in soil, water, or agricultural products where the PFAS arise from "standard agricultural practices."
- PFAS is defined as fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

  1. Agricultural PFAS Relief Fund (new G.L. c.29, §2EEEEEE)

    • Establishes a separate fund to assist farmers who suffered losses or incurred costs from standard agricultural practices that resulted in actual or suspected PFAS presence.
    • Fund revenue sources: recovered amounts tied to biosolids claims, legislative appropriations, gifts/grants/donations, federal reimbursements/grants, and interest.
    • Eligible uses (as set by the Commissioner of Agricultural Resources): PFAS testing (soil/water/products); costs to adapt management/business practices; business disruption; farmer education; physical/mental health services for farm owners/staff; remediation and infrastructure; development of PFAS testing capacity at UMass Amherst Center for Agriculture, Food and the Environment.
    • Administration: Treasurer custodian; annual audit by state auditor; Commissioner may expend funds without further appropriation; funds do not revert at fiscal year end; regulations must follow the department’s environmental justice policy and an annual report to Ways & Means and Joint Committee on Agriculture is required.

  2. Agricultural Fertilizer Purchasing Fund (new G.L. c.29, §2FFFFFF)

    • A separate fund to assist commercial farmers incurring added fertilizer costs due to disallowed use of PFAS‑containing products.
    • Administered by the Secretary of Energy & Environmental Affairs in consultation with the Commissioner of Agricultural Resources.
    • Funded by appropriations/other legislative credits; noncompetitive applicant process; funds do not revert at fiscal year end.

  3. Tax relief for land removed from agricultural use due to PFAS (amendments to G.L. c.61A)

    • No conveyance tax under c.61A §12 (and no roll‑back tax under §13 per partial text) shall be assessed on land removed from agricultural/horticultural use because of regulatory action concerning actual or suspected PFAS presence.
    • The Commissioner of Agricultural Resources, with Revenue and Environmental Protection commissioners, must promulgate implementing regulations.

Who / what is affected
- Primary beneficiaries: farmers and commercial agricultural operations in Massachusetts facing PFAS contamination or regulatory restrictions.
- State agencies: Department of Agricultural Resources (lead/regulatory authority and fund administrator), Secretary of Energy & Environmental Affairs, Department of Environmental Protection, Commissioner of Revenue, Treasurer and State Auditor.
- Institutions: UMass Amherst Center for Agriculture, Food and the Environment (PFAS testing capacity flagged for development).
- Potentially impacted parties: entities responsible for PFAS sources (e.g., biosolids suppliers) insofar as recovered monies may be credited to the Relief Fund.

Procedural and fiscal notes
- Legislative history (selected): Introduced Jan 9, 2025; passed Senate June 9, 2025; delivered to House and referred to House Ways & Means (June 9, 2025). Hearing scheduled Sept 16, 2025 (B‑1).
- Fiscal implications: creates two non‑reverting dedicated funds with specified revenue sources (including recovered damages and appropriations); authorizes the Commissioner to spend fund money without further appropriation; requires an annual audit and reporting.
- Regulatory implementation: multiple provisions require agency rulemaking and interagency consultation to define eligibility, administration and exemptions.

Caveats / open items
- The bill text excerpt provided was truncated in places (the §13 roll‑back tax amendment is incomplete). Final scope of some tax exemptions and administrative details will depend on the full text and implementing regulations.
- The bill defines PFAS at a class level but does not set numeric contamination thresholds in the provided excerpt; such thresholds (if any) would likely appear in regulations or future guidance.

Compiled from official sources — confirm details with the bill’s official record.

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