I 

118TH CONGRESS 

2D SESSION H. R. 7944 

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 

APRIL 11, 2024 

Mr. CURTIS (for himself and Ms. PEREZ) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Water Systems PFAS 

5 Liability Protection Act’’. 


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1 SEC. 2. EXEMPTION OF WATER AND WASTEWATER TREAT2 MENT FACILITIES FROM CERCLA LIABILITY 

3 FOR RELEASES OF PFAS. 

4 (a) DEFINITIONS.—In this section: 

5 (1) COVERED PERFLUOROALKYL OR

6 POLYFLUOROALKYL SUBSTANCE.—The term ‘‘cov7 ered perfluoroalkyl or polyfluoroalkyl substance’’ 

8 means a non-polymeric perfluoroalkyl or 

9 polyfluoroalkyl substance that contains at least 2 se10 quential fully fluorinated carbon atoms, excluding 

11 gases and volatile liquids, that is a hazardous sub12 stance (as defined in section 101 of the Comprehen13 sive Environmental Response, Compensation, and 

14 Liability Act of 1980 (42 U.S.C. 9601)). 

15 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

16 has the meaning given the term in section 4 of the 

17 Indian Self-Determination and Education Assistance 

18 Act (25 U.S.C. 5304). 

19 (3) PROTECTED ENTITY.—The term ‘‘protected 

20 entity’’ means— 

21 (A) a public water system (as defined in 

22 section 1401 of the Safe Drinking Water Act 

23 (42 U.S.C. 300f)); 

24 (B) a publicly or privately owned or oper25 ated treatment works (as defined in section 212 


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1 of the Federal Water Pollution Control Act (33 

2 U.S.C. 1292)); 

3 (C) a municipality to which a permit under 

4 section 402 of the Federal Water Pollution 

5 Control Act (33 U.S.C. 1342) is issued for 

6 stormwater discharges; 

7 (D) a political subdivision of a State or a 

8 special district of a State acting as a wholesale 

9 water agency; and 

10 (E) a contractor performing the manage11 ment or disposal activities described in sub12 section (c) for an entity described in any of sub13 paragraphs (A) through (D). 

14 (b) EXEMPTION.—Subject to subsection (c), no per15 son (including the United States, any State, or an Indian 

16 Tribe) may recover costs or damages from a protected en17 tity under the Comprehensive Environmental Response, 

18 Compensation, and Liability Act of 1980 (42 U.S.C. 9601 

19 et seq.) for costs arising from a release to the environment 

20 of a covered perfluoroalkyl or polyfluoroalkyl substance. 

21 (c) REQUIREMENTS.—Subsection (b) shall only apply 

22 if a protected entity transports, treats, disposes of, or ar23 ranges for the transport, treatment, or disposal of a cov24 ered perfluoroalkyl or polyfluoroalkyl substance— 


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1 (1) in a manner consistent with all applicable 

2 laws at the time the activity is carried out; and 

3 (2) during and following the conveyance or 

4 treatment of water under Federal or State law, in5 cluding through— 

6 (A) the management or disposal of bio7 solids consistent with section 405 of the Fed8 eral Water Pollution Control Act (33 U.S.C. 

9 1345); 

10 (B) the discharge of effluent in accordance 

11 with a permit issued under section 402 of the 

12 Federal Water Pollution Control Act (33 U.S.C. 

13 1342); 

14 (C) the release or disposal of water treat15 ment residuals or any other byproduct of drink16 ing water or wastewater treatment activities, 

17 such as granulated activated carbon, filter 

18 media, and processed waste streams; or 

19 (D) the conveyance or storage of water for 

20 the purpose of conserving or reclaiming the 

21 water for water supply. 

22 (d) SAVINGS PROVISION.—Nothing in this section 

23 precludes liability for damages or costs associated with the 

24 release of a covered perfluoroalkyl or polyfluoroalkyl sub25 stance by a protected entity if that protected entity acted 


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1 with gross negligence or willful misconduct in the dis2 charge, disposal, management, conveyance, or storage of 

3 the covered perfluoroalkyl or polyfluoroalkyl substance. 

Æ 


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