Agriculture PFAS Liability Protection Act of 2023

Bill: 118-s-1427
Sponsor: full_name: Sen. Lummis, Cynthia M. [R-WY]
Introduced: 2023-05-03
Policy area: Environmental Protection
Latest action: action_date: 2023-05-03
text: Read twice and referred to the Committee on Environment and Public Works.

Summaries:
action_date: 2023-05-03
action_desc: Introduced in Senate
text: <p><b>Agriculture PFAS Liability Protection Act of 2023</b></p> <p>This bill exempts producers and harvesters of agricultural products from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) for the release of certain perfluoroalkyl or polyfluoroalkyl substances, commonly referred to as PFAS. However, liability for damages or costs associated with the release of certain PFAS must not be precluded if an entity acted with gross negligence or willful misconduct. </p> <p>PFAS are man-made and may have adverse human health effects. A variety of products contain the compounds, such as nonstick cookware or weatherproof clothing.</p>

tv_txt: II 118th CONGRESS 1st Session S. 1427 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.

1. Short title This Act may be cited as the Agriculture PFAS Liability Protection Act of 2023 . 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.