H.R. 1267

[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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