Water Systems PFAS Liability Protection Act

This bill exempts certain water and wastewater entities from liability under the federal Superfund law (CERCLA) for costs or damages from releases of certain PFAS chemicals, provided they follow applicable laws when handling those substances. It does not cover gross negligence or willful misconduct.

Sec. 2, Exemption of water and wastewater facilities from CERCLA liability for releases of PFAS: The bill defines a 'covered perfluoroalkyl or polyfluoroalkyl substance' as a non-polymeric PFAS with at least 2 fully fluorinated carbon atoms, excluding gases and volatile liquids, that is a hazardous substance under CERCLA. A 'protected entity' includes public water systems, publicly or privately owned treatment works, municipalities with stormwater permits, political subdivisions or special districts acting as wholesale water agencies, and contractors managing disposal for these entities. The exemption prevents any person, including the U.S., states, or Indian tribes, from recovering costs or damages from a protected entity under CERCLA for releases of covered PFAS. This exemption applies only if the entity transports, treats, disposes of, or arranges for such activities in a manner consistent with all applicable laws at the time, and during or after water conveyance or treatment under federal or state law, including managing biosolids per the Clean Water Act, discharging effluent under a permit, releasing water treatment residuals or byproducts, or conveying or storing water for conservation or supply. The bill does not protect against liability for gross negligence or willful misconduct in handling covered PFAS.