I 

116TH CONGRESS 

1ST SESSION H. R. 2570 

To ensure that polluters pay ongoing water treatment costs associated with 

contamination from perfluoroalkyl and polyfluoroalkyl substances, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 8, 2019 

Mr. ROUDA 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 ensure that polluters pay ongoing water treatment costs 

associated with contamination from 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 ‘‘PFAS User Fee Act 

5 of 2019’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) Perfluoroalkyl and polyfluoroalkyl sub2 stances have emerged as pervasive contaminants in 

3 sources of drinking water and water to be treated by 

4 treatment works. 

5 (2) Such substances are not naturally occur6 ring, but are present in water because of manufac7 turing and distribution of PFAS in commerce. 

8 (3) Such substances pose serious risks to 

9 health, including risks of cancer, reproductive and 

10 developmental effects, and effects on the immune 

11 system, liver, and kidneys. 

12 (4) Because of these risks, regulatory limits 

13 continue to be established for PFAS in drinking 

14 water and effluent from treatment works. 

15 (5) Removing PFAS from water results in sig16 nificant ongoing operation and maintenance costs. 

17 (6) Those costs are currently borne by commu18 nity water systems and treatment works, and in turn 

19 by ratepayers. 

20 (7) Those costs should rightly be borne by the 

21 manufacturers of PFAS, who are using community 

22 water systems and treatment works to remove their 

23 pollution from the environment. 

24 SEC. 3. DEFINITIONS. 

25 In this Act: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

4 (2) AFFECTED FACILITY.—The term ‘‘affected 

5 facility’’ means— 

6 (A) a community water system that has 

7 operation and maintenance costs associated 

8 with the removal of PFAS from water of the 

9 community water system; or 

10 (B) a treatment works that has operation 

11 and maintenance costs associated with the re12 moval of PFAS from effluent prior to discharge 

13 from the treatment works. 

14 (3) COMMUNITY WATER SYSTEM.—The term 

15 ‘‘community water system’’ has the meaning given 

16 that term in section 1401 of the Safe Drinking 

17 Water Act (42 U.S.C. 300f). 

18 (4) DISADVANTAGED COMMUNITY.—The term 

19 ‘‘disadvantaged community’’ has the meaning given 

20 that term in section 1452 of the Safe Drinking 

21 Water Act (42 U.S.C. 300j–12). 

22 (5) MANUFACTURE.—The term ‘‘manufacture’’ 

23 has the meaning given that term in section 3 of the 

24 Toxic Substances Control Act (15 U.S.C. 2602). 


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1 (6) PFAS.—The term ‘‘PFAS’’ means a 

2 perfluoroalkyl or polyfluoroalkyl substance with at 

3 least one fully fluorinated carbon atom. 

4 (7) TREATMENT WORKS.—The term ‘‘treatment 

5 works’’ has the meaning given that term in section 

6 212 of the Federal Water Pollution Control Act (33 

7 U.S.C. 1292). 

8 SEC. 4. PFAS MANUFACTURER USER FEE. 

9 (a) IN GENERAL.—The Administrator shall, by rule, 

10 establish fees for the manufacture of PFAS, which shall 

11 be assessed to each person manufacturing PFAS based 

12 on the amount of PFAS manufactured by the person. 

13 (b) INITIAL FEE.—Not later than 12 months after 

14 the date of enactment of this Act, the Administrator shall 

15 establish fees under subsection (a) that are sufficient to 

16 ensure the collection of not less than $2,000,000,000 dol17 lars per year. 

18 (c) REVIEW AND UPDATE.—Not less frequently than 

19 every 2 years, the Administrator shall review the fees es20 tablished under subsection (a) and update such fees as 

21 necessary to ensure that the fee collections are sufficient 

22 to cover at least 25 percent of the operation and mainte23 nance costs associated with the removal of PFAS by af24 fected facilities. 


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1 SEC. 5. PFAS TREATMENT TRUST FUND. 

2 (a) ESTABLISHMENT.—There is established in the 

3 Treasury of the United States a trust fund to be known 

4 as the ‘‘PFAS Treatment Trust Fund’’, consisting of such 

5 amounts as may be appropriated to such Trust Fund. 

6 (b) TRANSFER TO TRUST FUND OF AMOUNTS

7 EQUIVALENT TO USER FEES.—There are hereby appro8 priated to the PFAS Treatment Trust Fund amounts 

9 equivalent to the fees collected under section 4. 

10 (c) EXPENDITURES FROM TRUST FUND.—Amounts 

11 in the PFAS Treatment Trust Fund shall be available, 

12 without further appropriation, only for purposes of mak13 ing expenditures to carry out section 6. 

14 SEC. 6. SUPPORT FOR OPERATION AND MAINTENANCE OF 

15 COMMUNITY WATER SYSTEMS AND TREAT16 MENT WORKS. 

17 (a) GRANTS.—The Administrator shall make grants 

18 to affected facilities to pay for operation and maintenance 

19 costs associated with the removal of PFAS. 

20 (b) APPLICATIONS.— 

21 (1) GUIDANCE.—Not later than 12 months 

22 after the date of enactment of this Act, the Adminis23 trator shall publish guidance describing the form 

24 and timing for affected facilities to apply for grants 

25 under this section. 


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1 (2) REQUIRED INFORMATION.—The Adminis2 trator shall require an affected facility applying for 

3 a grant under this section to submit information 

4 showing the presence of PFAS in water at the facil5 ity. 

6 (c) PRIORITY.—The Administrator shall prioritize for 

7 funding grants to affected facilities serving disadvantaged 

8 communities. 

Æ 


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