I 
118TH CONGRESS 
2D SESSION 
H. R. 7944 
To exempt certain entities from liability under the Comprehensive Environ-
mental 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 consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To exempt certain entities from liability under the Com-
prehensive 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 Representa-
tives 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’’. 
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SEC. 2. EXEMPTION OF WATER AND WASTEWATER TREAT-
MENT FACILITIES FROM CERCLA LIABILITY 
FOR RELEASES OF PFAS. 
(a) DEFINITIONS.—In this section: 
(1) 
COVERED
PERFLUOROALKYL
OR 
POLYFLUOROALKYL
SUBSTANCE.—The term ‘‘cov-
ered perfluoroalkyl or polyfluoroalkyl substance’’ 
means 
a 
non-polymeric 
perfluoroalkyl 
or 
polyfluoroalkyl substance that contains at least 2 se-
quential fully fluorinated carbon atoms, excluding 
gases and volatile liquids, that is a hazardous sub-
stance (as defined in section 101 of the Comprehen-
sive 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 oper-
ated treatment works (as defined in section 212 
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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 manage-
ment or disposal activities described in sub-
section (c) for an entity described in any of sub-
paragraphs (A) through (D). 
(b) EXEMPTION.—Subject to subsection (c), no per-
son (including the United States, any State, or an Indian 
Tribe) may recover costs or damages from a protected en-
tity 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 ar-
ranges for the transport, treatment, or disposal of a cov-
ered perfluoroalkyl or polyfluoroalkyl substance— 
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(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, in-
cluding through— 
(A) the management or disposal of bio-
solids consistent with section 405 of the Fed-
eral 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 treat-
ment residuals or any other byproduct of drink-
ing 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 sub-
stance by a protected entity if that protected entity acted 
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with gross negligence or willful misconduct in the dis-
charge, disposal, management, conveyance, or storage of 
the covered perfluoroalkyl or polyfluoroalkyl substance. 
Æ 
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