Agriculture PFAS Liability Protection Act of 2023

Subjects: Environmental Protection


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1427 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1427

   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 SENATE OF THE UNITED STATES

                              May 3, 2023

   Ms. Lummis (for herself, Mr. Boozman, Mr. Cramer, Mr. Graham, Mr. 
  Mullin, Mr. Ricketts, Mr. Sullivan, and Mr. Wicker) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 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 ``Agriculture PFAS Liability 
Protection Act of 2023''.

SEC. 2. EXEMPTION OF AGRICULTURAL OPERATIONS 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 person engaged in the production or harvesting of 
        agricultural products (as defined in section 207 of the 
        Agricultural Marketing Act of 1946 (7 U.S.C. 1626)).
    (b) Exemption.--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) 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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