Overview:
State Sen. Jo Comerford, D-Northampton, is advocating for legislation to ban PFAS in Massachusetts, following Maine's lead in prohibiting the use of treated sewage sludge as fertilizer on agricultural fields. Comerford's bill aims to protect farms and public health, while promoting environmental and economic well-being. The proposed legislation also includes the creation of the "Agricultural PFAS Relief Fund" and the "Agricultural Fertilizer Purchasing Fund," and requires manufacturers of fertilizers or soil amendments to test for PFAS.
NORTHAMPTON — Maine’s prohibition on farmers using treated sewage sludge as fertilizer on their agricultural fields could serve as a model for how Massachusetts can begin controlling impacts from so-called forever chemicals, says State Sen. Jo Comerford, D-Northampton.
Following a daylong visit to Maine on Tuesday with fellow Massachusetts legislators, conversations with members of the Maine legislative delegation and touring a farm in Arundel affected by PFAS, or per- and polyfluoroalkyl substances, Comerford described having “a renewed fire in her belly” that it is vital to follow Maine’s lead in dealing with the use of biosolids, or sludge, which has been used to fertilize an estimated 22 million acres of agricultural fields across the United States.
“In Massachusetts, we must ban PFAS,” Comerford said.
But while eliminating forever chemicals is the end goal, due to their relationship to serious long-term health problems such as cancer and weakened immune systems, Comerford’s more immediate priority is getting refiled legislation called “an act protecting our soil and farms from PFAS contamination” passed through the Legislature.
Similar to legislation which received a favorable recommendation from the Joint Committee on Agriculture in 2024, Comerford said the revised bill bans the use of biosolids by farmers, while at the same time centering farms and public health and promoting environmental and economic well-being.
“This bill is different than the last: it’s broader, it’s more comprehensive, and I think it’s much smarter,” Comerford said.
Even before getting insights from those in the nearby New England state, which became the first in the nation to prohibit the use of treated waste on farmland, Comerford said she has spoken to numerous farmers who are concerned about the path forward. Her 25-community district has hundreds of farms, and worries have been relayed to her about the possibility of forced closure of farms or other negative consequences.
Comerford’s bill indemnifies farms from any PFAS contamination in the food system, including crops and livestock, and offers support to farmers to continue to steward the land, and hold them legally and economically harmless for any soil that is contaminated.
Her legislation includes a new section for the state’s general laws making farmers “immune from suit and civil liability for any damages resulting from claims based on harms caused by PFAS present in soil, water or agricultural products as a result of standard agricultural practices.”
The conversations throughout the day in Maine were positive, she said.
“I leave inspired, I leave energized,” Comerford said.
The proposed legislation also takes steps to help farmers with the creation of the “Agricultural PFAS Relief Fund” and the “Agricultural Fertilizer Purchasing Fund.”
Finally, the legislation requires manufacturers of fertilizers or soil amendments to test for PFAS, and calls for the sludge disposal needs of the state to be studied, such as the adequacy of wastewater treatment facilities to protect employees on-site, the public health, safety and environment.
One of those accompanying Comerford to Maine was Rep. James Arena-DeRosa, D-Holliston, who has filed identical legislation in the House. He said farmers need to be at the table in the discussions, and that while he wants to encourage PFAS testing of sludge and in water supplies, he understands there are fears over the costs.
Though there are no farms in the district served by Rep. Steven Owens, D-Watertown, he said his constituents are worried about what they are ingesting and if food contains PFAS.
Sen. Jamie Eldridge, D-Acton, who said he supports a ban on biosolids, observes that PFAS is an issue that affects rural, suburban and urban Massachusetts residents alike.
The Maine legislators offered some overview of their work. Rep. Bill Pluecker, who sponsored the 2021 legislation banning sludge application, said the impacts on fish, wildlife and drinking water made it important to get passed.
“Farmers have asked for this work, and we stepped forward and did this legislation,” Pluecker said.
Maine Rep. Lori Gramlich said that eventually Maine will hold the chemical industry to account, as well, by banning PFAS-containing products.
While there are many unknowns on the federal level, the Maine legislators and representatives from organization promoting a toxic-free future, Defend Our Health, observe that Maine’s Republican U.S. Sen. Susan Collins and Maine’s Democratic U.S. Rep. Chellie Pingree have introduced legislation to address PFAS nationally.
Scott Merzbach can be reached at merzbach@gazettenet.com.
