New HampshireNew Hampshire law shields farmers from certain PFAS lawsuits
New Hampshire law protects farmers from lawsuits seeking damages for PFAS chemicals in soil, water, or agricultural products resulting from standard farming practices.
What it does
Farmers are protected from lawsuits seeking damages for PFAS harms caused by standard farming practices. That includes spreading sludge or biosolids on land.
State environmental officials must develop PFAS limits and soil-testing rules where waste material called biosolids is spread. Spreading above applicable limits is barred starting January 1, 2028.
Products authorized by or under contract with the U.S. Defense Department are exempt from PFAS use restrictions if federal arms or other export rules cover or may cover them.
The state's PFAS fund and programs can use federal drinking-water limits if the commissioner adopts them. State PFAS limits remain in place for all other purposes.
Argument forRequired soil testing could identify sites above PFAS limits, helping prevent further spreading of biosolids where those limits are exceeded.
Argument againstPeople harmed by PFAS from standard farming practices could be unable to recover damages from farmers because the law protects them from these claims.
More detail
Farmers are protected from lawsuits and liability for damages from covered PFAS harms. The protection covers people engaged in farming and claims involving PFAS chemicals in soil, water, or agricultural products. The PFAS must be present as a result of standard farming practices, including spreading sludge or biosolids on land. This protection took effect July 10, 2026.
New Hampshire's Department of Environmental Services must develop PFAS limits for biosolids, waste material spread on land. The standards cover PFAS compounds that have an established state groundwater quality standard. The rules must require PFAS soil testing at sites where biosolids are spread. Starting January 1, 2028, biosolids cannot be spread if PFAS concentrations in the biosolids or soil exceed the applicable standards. The department must begin writing these rules by June 30, 2027.
Certain products authorized by or under contract with the United States Department of Defense are exempt from PFAS use restrictions. The exemption covers products meeting both the Defense Department connection and the federal export-rule condition. The products must be covered, or potentially covered, by the federal International Traffic in Arms Regulations or Export Administration Regulations. This exemption took effect July 10, 2026.
The state's PFAS fund and programs can use federal PFAS drinking-water limits if the commissioner adopts them for that purpose. This definition applies to New Hampshire's PFAS fund and programs. The commissioner must adopt the federal limits before they can be used for these programs. State PFAS drinking-water limits remain the standard for all other purposes. This definition took effect September 8, 2026.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jul 16Signed by Governor Kelly Ayotte Ayotte 07/10/2026; Chapter 298; eff. I. Sec 4 eff 9/8/2026 II. Rem eff 7/10/2026Became Law
- Jul 1Enrolled (in recess of) 06/04/2026 HJ 15 P. 56To Governor
- Jun 30Enrolled Adopted, VV, (In recess 06/04/2026); SJ 15Minor
- Jun 4Conference Committee Report 2026-2066c: Adopted, VV 06/04/2026 HJ 15 P. 12
- Jun 4Conference Committee Report # 2026-2066c, Adopted, VV; 06/04/2026; SJ 14
- May 27Conference Committee Report Filed, # 2026-2066c; 06/04/2026
- May 26Conferee Change; Senator Innis Replaces Senator Altschiller; SJ 14
- May 26Conference Committee Meeting: 05/26/2026 11:00 am GP 228
- May 21Conferee Change: Rep. N. Germana Replaces Rep. Bixby 05/21/2026 HJ 14 P. 32
- May 21Conferee Change: Rep. Layon Replaces Rep. Barbour 05/21/2026 HJ 14 P. 32
- May 20President Appoints: Senators Avard, Birdsell, Altschiller; (In Recess 05/14/2026); SJ 13
- May 20Sen. Avard Accedes to House Request for Committee of Conference, MA, VV; (In recess 05/14/2026); SJ 13
- May 14Speaker Appoints: Reps. J. Aron, Bixby, Comtois, Barbour 05/14/2026 HJ 13 P. 148
- May 14House Non-Concurs with Senate Amendment 2026-1879s 2026-1792s and 2026-1593s and Requests CofC (Rep. J. Aron): MA VV 05/14/2026 HJ 13 P. 148
- May 14Ought to Pass with Amendments #2026-1593s and #2026-1792s and #2026-1879s, MA, VV; OT3rdg; 05/14/2026; SJ 12Major
- May 14Sen. Birdsell Floor Amendment # 2026-1879s, AA, VV; 05/14/2026; SJ 12
- May 14Sen. Birdsell Moved to Reconsider the following action taken by this Body: Reconsider the Vote on Third Reading and Final Passage, Rescind Third Reading and Reconsider the Vote on Ought to Pass with Amendment, MA VV; 05/14/2026; SJ 12
- May 7Ought to Pass with Amendments #2026-1593s and #2026-1792s, MA, VV; OT3rdg; 05/07/2026; SJ 11Passed Senate
- May 7Sen. Birdsell Floor Amendment # 2026-1792s, AA, VV; 05/07/2026; SJ 11
- May 7Committee Amendment # 2026-1593s, AA, VV; 05/07/2026; SJ 11
- May 7HB 1275 was Removed from the Consent Calendar; 05/07/2026; SJ 11
- Apr 27Committee Report: Ought to Pass with Amendment # 2026-1593s, 05/07/2026; Vote 4-0; CC; SC 17Minor
- Apr 22Hearing: 04/21/2026, Room 103, SH, 09:20 am; SC 15
- Mar 17Introduced 03/12/2026 and Referred to Energy and Natural Resources; SJ 7Minor
- Mar 11Ought to Pass with Amendment 2026-0925h and 2026-1079h: MA VV 03/11/2026 HJ 7 P. 165Passed House
- Mar 11FLAM # 2026-1118h (Rep. W. Thomas): AF DV 53-267 03/11/2026 HJ 7 P. 164
- Mar 11FLAM # 2026-1079h (Rep. N. Germana): AA DV 307-11 03/11/2026 HJ 7 P. 163
- Mar 11Amendment # 2026-0925h: AA DV 293-12 03/11/2026 HJ 7 P. 162
- Mar 4Minority Committee Report: Inexpedient to Legislate
- Mar 4Majority Committee Report: Ought to Pass with Amendment # 2026-0925h 03/03/2026 (Vote 12-1; RC) HC 10 P. 44Minor
- Mar 4Executive Session: 03/03/2026 10:15 am GP 153
- Feb 25Full Committee Work Session: 03/03/2026 10:15 am GP 153
- Feb 18Full Committee Work Session: 02/24/2026 10:00 am GP 153
- Feb 11Full Committee Work Session: 02/17/2026 10:00 am GP 153
- Feb 5Full Committee Work Session: 02/11/2026 10:00 am GP153
- Feb 4Public Hearing: 02/10/2026 02:45 pm GP 153
- 2025
- Dec 1Introduced 01/07/2026 and referred to Environment and Agriculture HJ 1 P. 13Introduced
AgricultureEnvironment & Energy