119-hr1267

[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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