Water Systems PFAS Liability Protection Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1267 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 1267

   To exempt certain entities from liability under the Comprehensive
 Environmental Response, Compensation, and Liability Act of 1980 with
 respect to releases of perfluoroalkyl and polyfluoroalkyl substances,
                        and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 12, 2025

 Ms. Perez (for herself and Ms. Maloy) introduced the following bill;
  which was referred to the Committee on Energy and Commerce, and in
 addition to the Committee on Transportation and Infrastructure, for a
 period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
                          committee concerned

_______________________________________________________________________

                                 A BILL

   To exempt certain entities from liability under the Comprehensive
 Environmental Response, Compensation, and Liability Act of 1980 with
 respect to releases of perfluoroalkyl and polyfluoroalkyl substances,
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Water Systems PFAS Liability
Protection Act''.

SEC. 2. EXEMPTION OF WATER AND WASTEWATER TREATMENT FACILITIES FROM
              CERCLA LIABILITY FOR RELEASES OF PFAS.

    (a) Definitions.--In this section:
            (1) Covered perfluoroalkyl or polyfluoroalkyl substance.--
        The term ``covered perfluoroalkyl or polyfluoroalkyl
        substance'' means a non-polymeric perfluoroalkyl or
        polyfluoroalkyl substance that contains at least 2 sequential
        fully fluorinated carbon atoms, excluding gases and volatile
        liquids, that is a hazardous substance (as defined in section
        101 of the Comprehensive Environmental Response, Compensation,
        and Liability Act of 1980 (42 U.S.C. 9601)).
            (2) Indian tribe.--The term ``Indian Tribe'' has the
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (3) Protected entity.--The term ``protected entity''
        means--
                    (A) a public water system (as defined in section
                1401 of the Safe Drinking Water Act (42 U.S.C. 300f));
                    (B) a publicly or privately owned or operated
                treatment works (as defined in section 212 of the
                Federal Water Pollution Control Act (33 U.S.C. 1292));
                    (C) a municipality to which a permit under section
                402 of the Federal Water Pollution Control Act (33
                U.S.C. 1342) is issued for stormwater discharges;
                    (D) a political subdivision of a State or a special
                district of a State acting as a wholesale water agency;
                and
                    (E) a contractor performing the management or
                disposal activities described in subsection (c) for an
                entity described in any of subparagraphs (A) through
                (D).
    (b) Exemption.--Subject to subsection (c), no person (including the
United States, any State, or an Indian Tribe) may recover costs or
damages from a protected entity under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) for costs arising from a release to the environment of a covered
perfluoroalkyl or polyfluoroalkyl substance.
    (c) Requirements.--Subsection (b) shall only apply if a protected
entity transports, treats, disposes of, or arranges for the transport,
treatment, or disposal of a covered perfluoroalkyl or polyfluoroalkyl
substance--
            (1) in a manner consistent with all applicable laws at the
        time the activity is carried out; and
            (2) during and following the conveyance or treatment of
        water under Federal or State law, including through--
                    (A) the management or disposal of biosolids
                consistent with section 405 of the Federal Water
                Pollution Control Act (33 U.S.C. 1345);
                    (B) the discharge of effluent in accordance with a
                permit issued under section 402 of the Federal Water
                Pollution Control Act (33 U.S.C. 1342);
                    (C) the release or disposal of water treatment
                residuals or any other byproduct of drinking water or
                wastewater treatment activities, such as granulated
                activated carbon, filter media, and processed waste
                streams; or
                    (D) the conveyance or storage of water for the
                purpose of conserving or reclaiming the water for water
                supply.
    (d) Savings Provision.--Nothing in this section precludes liability
for damages or costs associated with the release of a covered
perfluoroalkyl or polyfluoroalkyl substance by a protected entity if
that protected entity acted with gross negligence or willful misconduct
in the discharge, disposal, management, conveyance, or storage of the
covered perfluoroalkyl or polyfluoroalkyl substance.
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