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Water Systems PFAS Liability Protection Act

3/13/2025, 3:23 PM

Summary of Bill HR 1267

Bill 119 hr 1267, also known as the "PFAS Liability Exemption Act," aims to exempt certain entities from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) in relation to releases of perfluoroalkyl and polyfluoroalkyl substances (PFAS). PFAS are a group of man-made chemicals that have been linked to various health issues and environmental concerns.

The bill seeks to provide protection to entities such as airports, firefighting facilities, and other entities that have historically used PFAS in their operations. These entities would be shielded from liability for any contamination caused by PFAS releases, as long as they can demonstrate that they were following regulations and guidelines in their use of these substances.

Supporters of the bill argue that it is necessary to prevent these entities from facing potentially crippling financial burdens due to liability claims related to PFAS contamination. They also argue that exempting these entities from liability will allow them to continue their operations without fear of legal repercussions. Critics of the bill, however, argue that it sets a dangerous precedent by allowing entities to escape responsibility for environmental damage caused by their actions. They argue that the bill could undermine efforts to hold polluters accountable and clean up contaminated sites. Overall, the PFAS Liability Exemption Act is a controversial piece of legislation that raises important questions about environmental responsibility and liability. It remains to be seen how the bill will be received by Congress and the public.

Congressional Summary of HR 1267

Water Systems PFAS Liability Protection Act

This bill exempts specified water management entities from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) for releases of certain perfluoroalkyl or polyfluoroalkyl substances, commonly referred to as PFAS. Specifically, the entities covered under the bill are public water systems, publicly or privately owned or operated treatment works, municipalities with a stormwater discharge permit, political subdivisions or special districts of a state that act as a wholesale water agency, and contractors performing the management or disposal activities for such entities.

Under the bill, the exemption only applies if a specified entity transports, treats, disposes of, or arranges for the transport, treatment or disposal of PFAS consistent with applicable laws and during and following the conveyance or treatment of water under federal or state law, such as through the management or disposal of biosolids consistent with the Federal Water Pollution Control Act.

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.

Current Status of Bill HR 1267

Bill HR 1267 is currently in the status of Bill Introduced since February 12, 2025. Bill HR 1267 was introduced during Congress 119 and was introduced to the House on February 12, 2025.  Bill HR 1267's most recent activity 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 consideration of such provisions as fall within the jurisdiction of the committee concerned. as of February 12, 2025

Bipartisan Support of Bill HR 1267

Total Number of Sponsors
6
Democrat Sponsors
6
Republican Sponsors
0
Unaffiliated Sponsors
0
Total Number of Cosponsors
7
Democrat Cosponsors
4
Republican Cosponsors
3
Unaffiliated Cosponsors
0

Policy Area and Potential Impact of Bill HR 1267

Primary Policy Focus

Alternate Title(s) of Bill HR 1267

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.
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.

Comments

Warren Palmer profile image

Warren Palmer

475

9 months ago

I don't agree with this bill. How will it impact me in the short term?