Bill Text - HB1275 (2026)

Relative to the effects of per- and polyfluoroalkyl substances on agriculture.


Revision: Dec. 1, 2025, 10:08 a.m.

HB 1275  - AS INTRODUCED

 

 

2026 SESSION

26-2843

08/07

 

HOUSE BILL 1275

 

AN ACT relative to the effects of per- and polyfluoroalkyl substances on agriculture.  

 

SPONSORS: Rep. W. Thomas, Hills. 12; Rep. N. Murphy, Hills. 12

 

COMMITTEE: Environment and Agriculture

 

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ANALYSIS

 

This bill creates the agricultural PFAS remediation fund in order to assist farmers in New Hampshire who have suffered losses or incurred costs resulting from the actual or suspected presence of PFAS in soil, water, or agricultural products as a result of standard agricultural practices, including the land application of sludge or biosolids.  This bill also imposes a 5 year moratorium on the spreading and application of sludge and biosolids for agricultural use.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

26-2843

08/07

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty-Six

 

AN ACT relative to the effects of per- and polyfluoroalkyl substances on agriculture.  

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Paragraph; Definitions; Per- and Polyfluoroalkyl Substances.  Amend RSA 485-A:2 by inserting after paragraph XXIV the following new paragraph:  

XXV. “Per- and polyfluoroalkyl substances" means any member of the class of manufactured fluorinated chemicals containing at least one fully fluorinated carbon atom.  

2  New Subdivision; PFAS in Agriculture.  Amend RSA 431 by inserting after section 36 the following new subdivision:  

PFAS in Agriculture

431:37  Per- and Polyfluorinatedalkyl Substances; Civil Immunity.  Any person engaged in the practice of farming shall be immune from suit and civil liability for any damages resulting from claims based on harms caused by per- and poly fluorinated alkyl substances present in soil, water, or agricultural products as a result of standard agricultural practices, including the land application of sludge or biosolids.  

431:38  Agricultural Per- and Polyfluorinatedalkyl Substances (PFAS) Relief Fund.  

I.  There shall be established and set up a separate fund to be known as the agricultural PFAS relief fund, which shall be used exclusively to assist farmers in New Hampshire who have suffered losses or incurred costs resulting from the actual or suspected presence of PFAS in soil, water, or agricultural products as a result of standard agricultural practices, including the land application of sludge or biosolids.  

II.  The agricultural PFAS relief fund shall be credited with money from:  

(a)  Amounts recovered in connection with litigation, settlements, fines, or other actions against the manufacturers of PFAS and PFAS containing products;

(b)  Amounts recovered in connection with claims arising from the sources of PFAS contamination on farmland from the land application of sludge or biosolids, products derived from sludge or biosolids, and other agricultural products that contain PFAS;

(c)  Gifts, grants, and donations from public or private sources;

(d)  Federal reimbursements and grants-in-aid; and

(e)  Any interest earned from the fund.  

III.  The department of agriculture, markets, and food shall establish rules under RSA 541-A to direct the expenditure of moneys from the agricultural PFAS relief fund for the following purposes:  

(a)  Testing of soil, water, or agricultural products for PFAS;

(b)  Water filtration systems to reduce the presence of PFAS in drinking water;

(c)  Costs incurred from adapting management and business practices as a result of the disallowance of use of products containing PFAS or the disruption of business caused by the presence of PFAS;

(d)  Development and implementation of educational resources for farmers to adapt to management changes resulting from the presence of PFAS;

(e)  Testing and other physical and mental health needs of farm owners and personnel resulting from exposure to PFAS;

(f)  Remediation practices and needed infrastructure for the reduction or elimination of PFAS; and

(g)  Any other purposes the department determines are a prudent use of the funds.  

IV.  Money from the fund shall not be distributed to an entity that:  

(a)  Operate, or previously have operated, a solid waste management facility as defined by RSA 149-M:4, IX; or

(b)  Hold, or previously held, a permit under RSA 485-A:4, XVI-d, to transport or process sludge or biosolids.  

V.  Priority shall be given to applicants based on the following criteria:

(a)  The number of times and total volume of sludge historically applied to the site;

(b)  The current land use, with priority given to sites used for agricultural purposes; and

(c)  Any other criteria determined by the department of agriculture markets and food.  

3  New Subparagraph; Agricultural PFAS Relief Fund.  Amend RSA 6:12, I(b) by inserting after subparagraph (410) the following new subparagraph:  

(411)  Moneys deposited into the agricultural PFAS relief fund established in RSA 431:3.  

4  Moratorium.  The land application of sludge or biosolids on land used for agricultural purposes shall be prohibited for a period of 5 years from the effective date of this section.  

5  Effective Date.  This act shall take effect 60 days after its passage.