Relief for Farmers Hit with PFAS Act

The term agricultural land means any land that is used, or capable of use without substantial modification, for production of farm products.

The term agricultural land includes irrigation water, livestock water, surface water, groundwater, and agricultural inputs on or associated with land described in subparagraph (A).

The term commercial farm means a farm on which a person produces any farm product with the intent that the farm product be sold or otherwise disposed of to generate income.

The term eligible government means—

(A) a State;

(B) the District of Columbia;

(C) a territory of the United States; and

(D) an Indian Tribe.

The term farm product means any plant or animal that is useful to humans.

The term farm product includes—

(i) forages;

(ii) sod crops;

(iii) grains;

(iv) food crops;

(v) dairy products;

(vi) poultry and poultry products;

(vii) bees;

(viii) livestock and livestock products;

(ix) products of aquaculture;

(x) fruits;

(xi) berries;

(xii) vegetables;

(xiii) flowers;

(xiv) seeds;

(xv) grasses;

(xvi) Christmas trees; and

(xvii) other similar products, as determined by the Secretary.

The term perfluoroalkyl or polyfluoroalkyl substance or PFAS means a chemical that—

(A) contains at least one of—

(i) R–(CF2)–CF(R′)R′′, where both the CF2 and CF moieties are saturated carbons, and none of the R groups can be hydrogen;

(ii) R–CF2OCF2–R′, where both the CF2 moieties are saturated carbons, and none of the R groups can be hydrogen; or

(iii) CF3C(CF3)RR′, where all the carbons are saturated, and none of the R groups can be hydrogen; or

(B) is covered by the most recent working definition of PFAS issued by the Administrator of the Environmental Protection Agency.

The term program means the program established under section 3(a).

The term Secretary means the Secretary of Agriculture.

The term septage means waste, refuse, effluent, sludge, and any other materials from septic tanks, cesspools, or any other similar facilities.

The term sludge means—

(A) solid, semisolid, or liquid waste generated from a municipal, commercial, or industrial—

(i) wastewater treatment plant;

(ii) water supply treatment plant; or

(iii) wet process air pollution control facility; and

(B) any other waste having similar characteristics and effect.

The Secretary shall establish a program under which the Secretary shall provide grants to eligible governments for the purposes described in section 4(a).

To be eligible to receive a grant under the program, the territory of an eligible government shall contain—

(A) agricultural land that contains any soil with levels of PFAS that the Secretary, in coordination with the Administrator of the Environmental Protection Agency, determines to be unsafe; or

(B) water used for the production of farm products with levels of PFAS that the Administrator of the Environmental Protection Agency, in coordination with the Secretary, determines to be unsafe.

In determining the eligibility of an eligible government for a grant under the program, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall consider State standards and limitations relating to soil and water.

To receive a grant under the program, the Department of Agriculture or similar agency of an eligible government shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

An application submitted under paragraph (1) shall contain a plan describing how the eligible government will administer the funding received under the program, including funding priorities and oversight.

Each year, the Secretary shall provide not less than 30 percent of the total funding provided under the program to 1 or more eligible governments with a population of less than 3,000,000.

An eligible government may use a grant received under the program to provide funding for any of the following purposes:

(1) Monitoring (including through blood serum testing) the PFAS-related health complications of a person, and members of the household of that person, if agricultural land the person lives or works on is found to be contaminated by PFAS.

(2) Buying, selling, or providing compensation for agricultural land or farm products found, through test results provided to the eligible government, to be contaminated by PFAS, including costs associated with the depopulation or disposal of farm products, premortem or postmortem.

(3) Investing in agricultural equipment, facilities, and infrastructure to ensure that agricultural land that, or a commercial farm any agricultural land of which, is found to be contaminated by PFAS maintains profitability while the producers on the agricultural land, in response to the PFAS contamination—

(A) transition to an alternative production system; or

(B) implement remediation strategies (including disposal), technological adaptations, or other modifications to the operations of the agricultural land or commercial farm.

(4) Assisting the producers on agricultural land that, or a commercial farm any agricultural land of which, is found to be contaminated by PFAS in developing an enterprise budget for—

(A) alternative production systems;

(B) remediation strategies;

(C) technological adaptations;

(D) transitioning to an alternative revenue stream; or

(E) relocating a farming operation to new agricultural land.

(5) Providing financial assistance to a person the commercial farm of which is found to be contaminated by PFAS, including income replacement.

(6) Evaluating and expanding the capacity of PFAS testing and data management in the territory of the eligible government.

(7) Conducting research that—

(A) supports short-term farm management decisions with respect to agricultural land that has been contaminated by PFAS; and

(B) assesses future options for viable uses of agricultural land and water used for agricultural production that has been contaminated by PFAS.

(8) Conducting research that quantifies the impact of PFAS on commercial farms and agricultural communities in the territory of the eligible government.

(9) Conducting research on—

(A) soil and water remediation systems;

(B) the viability of those systems for PFAS-contaminated commercial farms;

(C) the composting or disposal of PFAS-contaminated crops or livestock;

(D) implementing alternative production systems in response to PFAS contamination;

(E) the PFAS uptake of various farm products; and

(F) food safety relating to PFAS contamination.

(10) Developing and implementing educational programs for owners of agricultural land, including determining best practices for—

(A) informing residents about the potential of being near or on a site on which sludge or septage application was licensed or permitted by the eligible government or the Federal Government; and

(B) providing information and guidance on buying or selling agricultural land on which sludge or septage was applied.

(11) Long-term monitoring of agricultural land contaminated by PFAS and establishing a corresponding centralized data repository.

(12) Assisting owners and operators of commercial farms not directly affected by PFAS contamination with marketing efforts whose branding and marketing may be affected by the public perception of PFAS contamination in the territory of the eligible government.

(13) Voluntary testing of farm products, agricultural land, or other locations that are suspected to be contaminated with PFAS.

In using funding received under the program, an eligible government shall prioritize purposes that directly assist producers who are experiencing financial losses due to agricultural PFAS contamination.

In providing grants under the program, the Secretary shall prioritize the provision of grants to eligible governments that will use the grant funds for the purposes described in paragraphs (3) through (5) of subsection (a).

(1) the uses of the grant during the previous year, including—

(A) the purposes described in section 4(a) for which the grant was used;

(B) the amount of the grant allocated to each purpose described in section 4(a); and

(C) the extent to which the funding received under the program, including funding priorities and oversight, was administered in accordance with the plan described in section 3(c)(2);

(2) any additional needs identified by agricultural producers in the territory of the eligible government; and

(3) any additional information the Secretary determines to be appropriate.

(1) to provide advice to the Secretary relating to whether addressing PFAS contamination should be added as an eligible activity under each program of the Department of Agriculture;

(2) to evaluate necessary actions for farms already enrolled in a Department of Agriculture program where PFAS is detected; and

(3) to provide technical assistance to eligible governments in addressing PFAS contamination.