HR 1267119th CongressIn Committee

Water Systems PFAS Liability Protection Act

Introduced: Feb 12, 2025

Standard Summary

Comprehensive overview in 1-2 paragraphs

This bill, the Water Systems PFAS Liability Protection Act, would shield certain water-and wastewater-related entities from CERCLA (the federal Superfund law) liability for costs or damages arising from releases of certain PFAS chemicals. The protection applies to “protected entities” such as public water systems, treatment works, certain stormwater-permitted municipalities, wholesale water agencies, and contractors performing management or disposal activities for those entities, so long as their PFAS handling and disposal comply with applicable laws at the time of activity and continue to follow legal requirements during and after water conveyance or treatment. The bill preserves liability when a protected entity’s conduct is grossly negligent or shows willful misconduct. It does not specify an effective date, and it lays out definitions for what counts as a “covered PFAS.”

Key Points

1Exemption from CERCLA liability: Protected entities may not be pursued for costs or damages under CERCLA for releases of covered PFAS, provided they meet the statute’s conditions.
2Definition of covered PFAS: Non-polymeric PFAS with at least two sequential fully fluorinated carbon atoms (excluding gases and volatile liquids) that are designated as hazardous substances under CERCLA.
3Who is a protected entity:
4- Public water systems (Safe Drinking Water Act 1401)
5- Publicly or privately owned treatment works (Clean Water Act 212)
6- Municipalities with stormwater permits (FWPCA §402)
7- Political subdivisions or special districts acting as wholesale water agencies
8- Contractors performing PFAS-related management or disposal for entities in the above categories
9Conditions for the exemption: The entity must handle PFAS in a manner consistent with all applicable laws at the time, and during and after water conveyance or treatment, including biosolids management, permitted discharges, handling of water treatment residuals/byproducts, and storage/conveyance for water reclamation.
10Savings provision: The exemption does not apply if the protected entity’s release resulted from gross negligence or willful misconduct, preserving liability in those circumstances.

Impact Areas

Primary affected groups/areas:- Public water systems and wastewater treatment facilities- Municipalities and special districts involved in stormwater or wholesale water arrangements- Contractors serving the above entitiesSecondary impacts:- Potential shifts in liability risk away from water utilities toward other parties or government programs- Interaction with ongoing PFAS regulation and cleanup standards under CERCLA and other environmental lawsAdditional considerations:- Tribes are defined in the bill, but the protected-entity list does not clearly include tribal water entities, which could raise questions about applicability to tribal utilities- The bill requires compliance with existing laws at the time of activity, which means evolving PFAS regulations could influence how and when the exemption applies- Without a specified effective date, the practical start of protections would depend on enactment and subsequent regulatory guidanceCERCLA liability typically allows costs to be recovered from potentially responsible parties. This bill would reduce or eliminate those recovery options against the listed protected entities for releases of the defined PFAS, but only to the extent the activities comply with law and are conducted properly.The bill preserves accountability for gross negligence or willful misconduct, ensuring that egregious behavior remains subject to liability.

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