What This Bill Does
This bill allows the Secretary of Agriculture to give grants to states, territories, and Indian tribes to help farms deal with PFAS contamination. PFAS stands for perfluoroalkyl and polyfluoroalkyl substances, which are certain chemicals found in soil and water. The money helps farmers monitor health effects, buy contaminated land, invest in new equipment, and conduct research on how to handle the problem.
Who It Affects
States, territories, and Indian tribes with contaminated farms. Farmers and farm workers who live or work on contaminated agricultural land. People who own commercial farms (farms that sell products to make income). Households of people living or working on contaminated land. The Department of Agriculture.
Key Provisions
• The Secretary of Agriculture must establish a grant program for eligible governments to address PFAS contamination on farms (Sec. 3(a))
• Each year, at least 30 percent of all funding must go to eligible governments with populations under 3 million (Sec. 3(d))
• Grant money can be used for health monitoring, buying contaminated land, investing in farm equipment, financial assistance to farmers, research, and educational programs (Sec. 4(a))
• Eligible governments must submit applications describing how they will use the money, including funding priorities and oversight plans (Sec. 3(c))
• Eligible governments must give yearly reports to the Secretary and Congress about how they spent the grant money (Sec. 5)
What Changes
If this becomes law, states, territories, and Indian tribes with PFAS-contaminated farms will receive federal grants to help affected farmers. The Department of Agriculture will establish a new grant program and create a task force to provide advice and technical assistance. Farmers can receive money to monitor health effects, sell or get paid for contaminated land, buy new equipment, hire consultants to plan business changes, get income replacement, and conduct research on remediation (the process of cleaning up contamination).
Important Definitions
Agricultural land: any land used or capable of being used for producing farm products, including irrigation water, livestock water, and farming supplies.
Commercial farm: a farm where someone produces farm products with the intention of selling them to make income.
Farm product: any plant or animal useful to humans, including crops, dairy, poultry, livestock, fruits, vegetables, and Christmas trees.
PFAS: chemicals with specific molecular structures containing carbon and fluorine atoms, or any chemical covered by the most recent EPA definition.
Septage: waste and refuse from septic tanks and similar facilities.
Sludge: solid, semisolid, or liquid waste from wastewater treatment plants, water supply treatment plants, or air pollution control facilities.
Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 747
To authorize the Secretary of Agriculture to provide grants to States, terri-
tories, and Indian Tribes to address contamination by perfluoroalkyl
and polyfluoroalkyl substances on farms, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 9, 2023
Ms. COLLINS (for herself, Mr. KING, and Mrs. SHAHEEN) introduced the fol-
lowing bill; which was read twice and referred to the Committee on Agri-
culture, Nutrition, and Forestry
A BILL
To authorize the Secretary of Agriculture to provide grants
to States, territories, and Indian Tribes to address con-
tamination by perfluoroalkyl and polyfluoroalkyl sub-
stances on farms, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Relief for Farmers Hit
4
with PFAS Act’’.
5
SEC. 2. DEFINITIONS.
6
In this Act:
7
(1) AGRICULTURAL LAND.—
8
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(A) IN GENERAL.—The term ‘‘agricultural
1
land’’ means any land that is used, or capable
2
of use without substantial modification, for pro-
3
duction of farm products.
4
(B) INCLUSIONS.—The term ‘‘agricultural
5
land’’ includes irrigation water, livestock water,
6
surface water, groundwater, and agricultural in-
7
puts on or associated with land described in
8
subparagraph (A).
9
(2) COMMERCIAL FARM.—The term ‘‘commer-
10
cial farm’’ means a farm on which a person pro-
11
duces any farm product with the intent that the
12
farm product be sold or otherwise disposed of to
13
generate income.
14
(3) ELIGIBLE GOVERNMENT.—The term ‘‘eligi-
15
ble government’’ means—
16
(A) a State;
17
(B) the District of Columbia;
18
(C) a territory of the United States; and
19
(D) an Indian Tribe.
20
(4) FARM PRODUCT.—
21
(A) IN GENERAL.—The term ‘‘farm prod-
22
uct’’ means any plant or animal that is useful
23
to humans.
24
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(B) INCLUSIONS.—The term ‘‘farm prod-
1
uct’’ includes—
2
(i) forages;
3
(ii) sod crops;
4
(iii) grains;
5
(iv) food crops;
6
(v) dairy products;
7
(vi) poultry and poultry products;
8
(vii) bees;
9
(viii) livestock and livestock products;
10
(ix) products of aquaculture;
11
(x) fruits;
12
(xi) berries;
13
(xii) vegetables;
14
(xiii) flowers;
15
(xiv) seeds;
16
(xv) grasses;
17
(xvi) Christmas trees; and
18
(xvii) other similar products, as deter-
19
mined by the Secretary.
20
(5) PERFLUOROALKYL OR POLYFLUOROALKYL
21
SUBSTANCE; PFAS.—The term ‘‘perfluoroalkyl or
22
polyfluoroalkyl substance’’ or ‘‘PFAS’’ means a
23
chemical that—
24
(A) contains at least one of—
25
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(i) R–(CF2)–CF(R′)R′′, where both
1
the CF2 and CF moieties are saturated
2
carbons, and none of the R groups can be
3
hydrogen;
4
(ii) R–CF2OCF2–R′, where both the
5
CF2 moieties are saturated carbons, and
6
none of the R groups can be hydrogen; or
7
(iii) CF3C(CF3)RR′, where all the
8
carbons are saturated, and none of the R
9
groups can be hydrogen; or
10
(B) is covered by the most recent working
11
definition of PFAS issued by the Administrator
12
of the Environmental Protection Agency.
13
(6) PROGRAM.—The term ‘‘program’’ means
14
the program established under section 3(a).
15
(7) SECRETARY.—The term ‘‘Secretary’’ means
16
the Secretary of Agriculture.
17
(8) SEPTAGE.—The term ‘‘septage’’ means
18
waste, refuse, effluent, sludge, and any other mate-
19
rials from septic tanks, cesspools, or any other simi-
20
lar facilities.
21
(9) SLUDGE.—The term ‘‘sludge’’ means—
22
(A) solid, semisolid, or liquid waste gen-
23
erated from a municipal, commercial, or indus-
24
trial—
25
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•S 747 IS
(i) wastewater treatment plant;
1
(ii) water supply treatment plant; or
2
(iii) wet process air pollution control
3
facility; and
4
(B) any other waste having similar charac-
5
teristics and effect.
6
SEC. 3. ESTABLISHMENT.
7
(a) IN GENERAL.—The Secretary shall establish a
8
program under which the Secretary shall provide grants
9
to eligible governments for the purposes described in sec-
10
tion 4(a).
11
(b) ELIGIBILITY.—
12
(1) IN GENERAL.—To be eligible to receive a
13
grant under the program, the territory of an eligible
14
government shall contain—
15
(A) agricultural land that contains any soil
16
with levels of PFAS that the Secretary, in co-
17
ordination with the Administrator of the Envi-
18
ronmental Protection Agency, determines to be
19
unsafe; or
20
(B) water used for the production of farm
21
products with levels of PFAS that the Adminis-
22
trator of the Environmental Protection Agency,
23
in coordination with the Secretary, determines
24
to be unsafe.
25
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(2) CONSIDERATION.—In determining the eligi-
1
bility of an eligible government for a grant under the
2
program, the Secretary, in consultation with the Ad-
3
ministrator of the Environmental Protection Agency,
4
shall consider State standards and limitations relat-
5
ing to soil and water.
6
(c) APPLICATIONS.—
7
(1) IN GENERAL.—To receive a grant under the
8
program, the department of agriculture or similar
9
agency of an eligible government shall submit to the
10
Secretary an application at such time, in such man-
11
ner, and containing such information as the Sec-
12
retary may require.
13
(2) SPEND
PLAN.—An application submitted
14
under paragraph (1) shall contain a plan describing
15
how the eligible government will administer the
16
funding received under the program, including fund-
17
ing priorities and oversight.
18
(d) SET-ASIDE.—Each year, the Secretary shall pro-
19
vide not less than 30 percent of the total funding provided
20
under the program to 1 or more eligible governments with
21
a population of less than 3,000,000.
22
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•S 747 IS
SEC. 4. PURPOSES.
1
(a) IN GENERAL.—An eligible government may use
2
a grant received under the program to provide funding for
3
any of the following purposes:
4
(1) Monitoring (including through blood serum
5
testing) the PFAS-related health complications of a
6
person, and members of the household of that per-
7
son, if agricultural land the person lives or works on
8
is found to be contaminated by PFAS.
9
(2) Buying, selling, or providing compensation
10
for agricultural land or farm products found,
11
through test results provided to the eligible govern-
12
ment, to be contaminated by PFAS, including costs
13
associated with the depopulation or disposal of farm
14
products, premortem or postmortem.
15
(3) Investing in agricultural equipment, facili-
16
ties, and infrastructure to ensure that agricultural
17
land that, or a commercial farm any agricultural
18
land of which, is found to be contaminated by PFAS
19
maintains profitability while the producers on the
20
agricultural land, in response to the PFAS contami-
21
nation—
22
(A) transition to an alternative production
23
system; or
24
(B) implement remediation strategies (in-
25
cluding disposal), technological adaptations, or
26
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•S 747 IS
other modifications to the operations of the ag-
1
ricultural land or commercial farm.
2
(4) Assisting the producers on agricultural land
3
that, or a commercial farm any agricultural land of
4
which, is found to be contaminated by PFAS in de-
5
veloping an enterprise budget for—
6
(A) alternative production systems;
7
(B) remediation strategies;
8
(C) technological adaptations;
9
(D) transitioning to an alternative revenue
10
stream; or
11
(E) relocating a farming operation to new
12
agricultural land.
13
(5) Providing financial assistance to a person
14
the commercial farm of which is found to be con-
15
taminated by PFAS, including income replacement.
16
(6) Evaluating and expanding the capacity of
17
PFAS testing and data management in the territory
18
of the eligible government.
19
(7) Conducting research that—
20
(A) supports short-term farm management
21
decisions with respect to agricultural land that
22
has been contaminated by PFAS; and
23
(B) assesses future options for viable uses
24
of agricultural land and water used for agricul-
25
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•S 747 IS
tural production that has been contaminated by
1
PFAS.
2
(8) Conducting research that quantifies the im-
3
pact of PFAS on commercial farms and agricultural
4
communities in the territory of the eligible govern-
5
ment.
6
(9) Conducting research on—
7
(A) soil and water remediation systems;
8
(B) the viability of those systems for
9
PFAS-contaminated commercial farms;
10
(C) the composting or disposal of PFAS-
11
contaminated crops or livestock;
12
(D) implementing alternative production
13
systems in response to PFAS contamination;
14
(E) the PFAS uptake of various farm
15
products; and
16
(F) food safety relating to PFAS contami-
17
nation.
18
(10) Developing and implementing educational
19
programs for owners of agricultural land, including
20
determining best practices for—
21
(A) informing residents about the potential
22
of being near or on a site on which sludge or
23
septage application was licensed or permitted by
24
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•S 747 IS
the eligible government or the Federal Govern-
1
ment; and
2
(B) providing information and guidance on
3
buying or selling agricultural land on which
4
sludge or septage was applied.
5
(11) Long-term monitoring of agricultural land
6
contaminated by PFAS and establishing a cor-
7
responding centralized data repository.
8
(12) Assisting owners and operators of commer-
9
cial farms not directly affected by PFAS contamina-
10
tion with marketing efforts whose branding and
11
marketing may be affected by the public perception
12
of PFAS contamination in the territory of the eligi-
13
ble government.
14
(13) Voluntary testing of farm products, agri-
15
cultural land, or other locations that are suspected
16
to be contaminated with PFAS.
17
(b) PRIORITY.—
18
(1) IN
GENERAL.—In using funding received
19
under the program, an eligible government shall
20
prioritize purposes that directly assist producers who
21
are experiencing financial losses due to agricultural
22
PFAS contamination.
23
(2)
DEPARTMENT
OF
AGRICULTURE
PRI-
24
ORITY.—In providing grants under the program, the
25
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•S 747 IS
Secretary shall prioritize the provision of grants to
1
eligible governments that will use the grant funds
2
for the purposes described in paragraphs (3)
3
through (5) of subsection (a).
4
SEC. 5. REPORTS.
5
Each year of the period of a grant received under
6
the program, the department of agriculture or similar
7
agency of an eligible government shall submit to the Sec-
8
retary and Congress a report describing—
9
(1) the uses of the grant during the previous
10
year, including—
11
(A) the purposes described in section 4(a)
12
for which the grant was used;
13
(B) the amount of the grant allocated to
14
each purpose described in section 4(a); and
15
(C) the extent to which the funding re-
16
ceived under the program, including funding
17
priorities and oversight, was administered in ac-
18
cordance with the plan described in section
19
3(c)(2);
20
(2) any additional needs identified by agricul-
21
tural producers in the territory of the eligible gov-
22
ernment; and
23
(3) any additional information the Secretary de-
24
termines to be appropriate.
25
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SEC. 6. TASK FORCE.
1
The Secretary shall establish a task force composed
2
of officers or employees of the Department of Agri-
3
culture—
4
(1) to provide advice to the Secretary relating
5
to whether addressing PFAS contamination should
6
be added as an eligible activity under each program
7
of the Department of Agriculture;
8
(2) to evaluate necessary actions for farms al-
9
ready enrolled in a Department of Agriculture pro-
10
gram where PFAS is detected; and
11
(3) to provide technical assistance to eligible
12
governments in addressing PFAS contamination.
13
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
14
There is authorized to be appropriated to the Sec-
15
retary to carry out this Act $500,000,000 for the period
16
of fiscal years 2024 through 2028.
17
Æ
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