Water Systems PFAS Liability Protection Act

Subjects: Environmental Protection


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1430 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1430

   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 ``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.
                                 &lt;all&gt;
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