H.R. 1267 — Water Systems PFAS Liability Protection Act

This section provides the short title of the Act as the “Water Systems PFAS Liability Protection Act.”

This section establishes a CERCLA liability exemption for public water systems, wastewater treatment works, stormwater municipalities, wholesale water agencies, and their contractors, including Indian Tribes as defined in 25 U.S.C. 5304, for costs or damages arising from releases of covered perfluoroalkyl or polyfluoroalkyl substances (PFAS) that are hazardous substances under 42 U.S.C. 9601. As background, CERCLA generally allows recovery of cleanup costs and damages for releases of hazardous substances. The exemption applies only if the protected entity transports, treats, disposes of, or arranges for the transport, treatment, or disposal of PFAS in compliance with all applicable laws at the time of the activity and in connection with water conveyance or treatment under Federal or State law, including biosolids management under 33 U.S.C. 1345, permitted effluent discharges under 33 U.S.C. 1342, disposal of treatment residuals such as granulated activated carbon and filter media, and water storage or conveyance for conservation or reclamation. The section preserves liability for damages or costs if the protected entity acted with gross negligence or willful misconduct in the discharge, disposal, management, conveyance, or storage of the PFAS.