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HR 1267

Water Systems PFAS Liability Protection Act

119th Congress Introduced by Wesley Bell and 29 co-sponsors

The Water Systems PFAS Liability Protection Act exempts water/wastewater facilities from CERCLA liability for managing PFAS, aiming to encourage proper handling and reduce burdens.

Introduced in House
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WeVote Research Nonpartisan
Bill Summary · HR 1267

Water Systems PFAS Liability Protection Act (H.R. 1267)

Summary

The Water Systems PFAS Liability Protection Act (H.R. 1267) is a bill introduced in the U.S. House of Representatives in February 2025. The main purpose of the bill is to exempt certain water and wastewater treatment facilities from liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for releases of per- and polyfluoroalkyl substances (PFAS).

Key provisions of the bill include:

  1. Defining "covered PFAS": The bill defines "covered PFAS" as non-polymeric per- and polyfluoroalkyl substances that contain at least 2 sequential fully fluorinated carbon atoms and are considered hazardous substances under CERCLA.

  2. Exempting "protected entities" from CERCLA liability: The bill exempts the following "protected entities" from CERCLA liability for costs arising from PFAS releases:

    • Public water systems
    • Publicly or privately owned/operated treatment works
    • Municipalities with stormwater discharge permits
    • Political subdivisions/special districts acting as wholesale water agencies
    • Contractors performing management or disposal activities for the above entities

  3. Requirements for exemption: The exemption only applies if the protected entity transports, treats, or disposes of covered PFAS in a manner consistent with all applicable laws at the time.

  4. Savings provision: The exemption does not apply if the protected entity acted with gross negligence or willful misconduct in handling the covered PFAS.

The key intent of the bill is to protect water and wastewater treatment facilities from CERCLA liability when they are managing or disposing of PFAS substances that were released into the environment, as long as they are following applicable laws and regulations. This aims to provide liability protection and encourage proper PFAS handling by these facilities.

The bill would primarily affect public and private water/wastewater treatment providers, as well as municipalities and agencies involved in water management and stormwater discharge. By limiting their CERCLA liability, the bill could reduce the legal and financial burdens faced by these entities when dealing with PFAS contamination issues.

The bill was introduced on February 12, 2025 and has been referred to the House Committee on Energy and Commerce and the Committee on Transportation and Infrastructure for consideration.

Compiled from official sources — confirm details with the bill’s official record.

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