Water Systems PFAS Liability Protection Act
Summary
What This Bill Does
The Water Systems PFAS Liability Protection Act creates a conditional CERCLA liability shield for water-sector entities handling covered PFAS. Protected entities include public water systems, publicly or privately owned treatment works, stormwater-permitted municipalities, state political subdivisions or special districts acting as wholesale water agencies, and contractors performing covered management or disposal work for those entities. No person, including the United States, a state, or an Indian Tribe, may recover CERCLA costs or damages from a protected entity for covered PFAS releases if the entity transported, treated, disposed of, arranged for disposal, discharged, managed biosolids, handled treatment residuals, or stored/conveyed water in compliance with applicable law. The shield does not apply to gross negligence or willful misconduct.
Who Benefits and How
Public water systems benefit because compliant PFAS management does not expose them to CERCLA cost-recovery claims. Wastewater treatment works benefit from protection for lawful effluent, biosolids, residuals, and treatment byproduct handling. Municipal stormwater permit holders benefit from a liability shield when they follow applicable discharge laws. Water-system contractors benefit when they perform covered disposal or management work for protected entities.
Who Bears the Burden and How
PFAS cleanup plaintiffs lose a CERCLA cost-recovery path against protected water and wastewater entities acting lawfully. Federal, state, and Tribal governments cannot recover covered PFAS costs from protected entities unless an exception applies. Protected entities must still comply with all applicable laws and avoid gross negligence or willful misconduct. Original PFAS manufacturers may face more pressure if water systems are shielded from cleanup liability.
Key Provisions
- Provides protected water-sector entities with a CERCLA PFAS cost-recovery and damages shield.
- Protects public water systems, treatment works, stormwater municipalities, wholesale water agencies, and contractors.
- Requires covered PFAS handling to comply with applicable law for the shield to apply.
- Limits the shield by preserving liability for gross negligence or willful misconduct.
Evidence Chain:
This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers with clause-level evidence links.
At a Glance
What This Bill Does
Exempts compliant water, wastewater, stormwater, wholesale water, and contractor entities from CERCLA cost-recovery or damages claims for covered PFAS releases, while preserving liability for gross negligence or willful misconduct.
Key Policy Areas
Water, Environment, PFAS, Liability
Primary Purpose
Exempts compliant water, wastewater, stormwater, wholesale water, and contractor entities from CERCLA cost-recovery or damages claims for covered PFAS releases, while preserving liability for gross negligence or willful misconduct.
Policy Domains
Resolution provisions
Identified Gains
- Public water systems
- Wastewater treatment works
- Municipal stormwater permit holders
- Water-system contractors
Identified Costs
- PFAS cleanup plaintiffs
- Federal cleanup agencies
- Protected entities
- PFAS manufacturers
Sponsors
Legislative Progress
In CommitteeMs. Perez (for herself and Ms. Maloy) introduced the following …
Referred to the Subcommittee on Water Resources and Environment.
Referred to the Committee on Energy and Commerce, and in …
Introduced in House
Stakeholder Effects
cui bono?How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.
Bill Structure & Actor Mappings
Who is "The Secretary" in each section?
We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.
Learn more about our methodology