An Act for the establishment of a voucher program for home water filtration equipment

Lead sponsor: Representative Jay D. Livingstone

Impetus

Per- and polyfluoroalkyl substances (PFAS) are a class of synthetic chemicals present in drinking water supplies across the country, including in the Commonwealth. These chemicals are characterized by highly stable carbon-fluorine (C-F) bonds, providing them with many industrially and commercially useful properties. PFAS remain stable when exposed to a wide range of temperatures, highly reactive chemicals, and acidic and oxidizing environments. When applied to materials, PFAS are capable of lowering surface tension and repelling oil and water, which has contributed to their widespread use in commercial and industrial applications that require long-lasting water or oil resistance. Commercially, PFAS are used as water-resistant or non-stick components of textiles, cosmetics, household products, food packaging, and other single-use plastics. Industrially, PFAS are present in surfactants, emulsifiers, paints, non-stick coatings, and various stages of commercial production.

Because PFAS are such durable and widely used molecules, they permeate our environment. This ubiquity is alarming due to their environmental and especially their health effects, especially among highly exposed populations. The Commonwealth’s PFAS Interagency Task Force released its final report last year, laying out the prevalence of these chemicals and the health risks associated with them. Six PFAS chemicals are of particular concern: PFOS, PFOA, PFHxS, PFNA, PFHpA, and PFDA, collectively referred to as PFAS6. As part of a settlement agreement for a class-action lawsuit, DuPont Corporation, a major producer of PFAS-treated products, provided funding to monitor over 69,000 residents in six water districts near the DuPont Washington Works facility in West Virginia. The study identified six diseases associated with exposure to PFOA: kidney and testicular cancer, ulcerative colitis, thyroid disease, high cholesterol, and pregnancy -induced hypertension.

In addition to these health effects, PFOA is associated with suppressed immune responses to vaccines and lower birth weight. A recent study of COVID-19 disease severity found a correlation between higher serum levels of PFBA in patients and more severe COVID-19 disease incidence. PFOS, PFOA, and PFHxS may lead to decreased immune response from vaccines in children, particularly for tetanus and diphtheria. In 2017, the International Agency for Research on Cancer classified PFOA as a possible human carcinogen. Other PFAS, including PFOS, PFNA, and PFHxS, are associated with changes to the liver, endocrine disruption, and developmental effects. Additional research is needed to understand the cumulative effects of exposure to multiple PFAS.[1]

Need

As a result of the maximum contaminant level (MCL) that MassDEP established for PFAS6, the state now requires treatment of drinking water supplies in instances where these specific PFAS exceed the MCL of 20 parts per trillion (ppt). While PFAS remediation is increasingly in the public view, several communities are—and will be for the foreseeable future—supplied with water that does not meet MassDEP standards. The Task Force report describes 127 different public water systems with PFAS levels exceeding the MCL. Of these, 77 are community water systems, which serve at least 15 service connections used by year-round residents or regularly serve at least 25 year-round residents.[2]

No- or low-cost access to remediation equipment while these water systems are brought up to standard is a priority for the health of residents, who deserve to be able to rely on their municipal water systems for the needs of daily life. These systems are largely underground, so work may involve lengthy excavation projects. For example, remediation of the water supply in Flint, MI alone took almost 5 years from when water-quality issues were first reported and cost well over $400 million.[3] In the interim, the Commonwealth must do what it can to provide citizens with healthy, drinkable water.

Legislative Fix

This Bill amends G. L. c. 21A to add a new § 8G in order to establish a program by which residents of communities whose water supply contains levels of PFAS higher than the MCL can receive filtration equipment free of cost via a voucher program administered by MassDEP and funded by state and federal water quality grants.