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Congressional Research Service
Version 00 · Introduced in House · Feb 12, 2025
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.
Showing the opening paragraphs of the official summary.
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.
People & committees
Rep. Perez, Marie Gluesenkamp [D-WA-3] · D–WA
Legislative record
A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.
Referred to the Subcommittee on Water Resources and Environment.
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.
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.
Introduced in House
Introduced in House
Primary sources
Text links open the official source. We also preserved the text version used in the PlainBill explanation below.
No related bills are listed in this snapshot. This does not establish whether the proposal has appeared in earlier Congresses.
Source last updated: Oct 8, 2026. Consult Congress.gov for the current record.
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PlainBill explanation
Based on the full Introduced in House · 2025-02-12 text. This explanation has not received human editorial review. This overview describes the proposal’s major provisions; it does not establish what its real-world effects would be.
The proposed Water Systems PFAS Liability Protection Act would protect specified water systems, wastewater facilities, stormwater municipalities, wholesale water agencies and their contractors from certain federal claims for costs or damages arising from PFAS chemical releases. Protection would depend on lawful handling connected to water conveyance or treatment. The bill would preserve liability for gross negligence or willful misconduct. This is a proposed liability exemption, not evidence of an enacted change.
This Act may be cited as the Water Systems PFAS Liability Protection Act.
(3) Protected entity The term protected entity means— (A) a public water system (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)); (B) a publicly or privately owned or operated treatment works (as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292)); (C) a municipality to which a permit under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is issued for stormwater discharges; (D) a political subdivision of a State or a special district of a State acting as a wholesale water agency; and (E) a contractor performing the management or disposal activities described in subsection (c) for an entity described in any of subparagraphs (A) through (D).
(b) Exemption Subject to subsection (c), no person (including the United States, any State, or an Indian Tribe) may recover costs or damages from a protected entity under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) for costs arising from a release to the environment of a covered perfluoroalkyl or polyfluoroalkyl substance.
(1) in a manner consistent with all applicable laws at the time the activity is carried out; and (2) during and following the conveyance or treatment of water under Federal or State law
Nothing in this section precludes liability for damages or costs associated with the release of a covered perfluoroalkyl or polyfluoroalkyl substance by a protected entity if that protected entity acted with gross negligence or willful misconduct
2025-02-12: Introduced in House
The exemption would cover only PFAS that meet the bill's chemical definition and qualify as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, known as CERCLA. The definition excludes polymers, gases and volatile liquids and requires at least two consecutive fully fluorinated carbon atoms.
The term covered perfluoroalkyl or polyfluoroalkyl substance means a non-polymeric perfluoroalkyl or polyfluoroalkyl substance that contains at least 2 sequential fully fluorinated carbon atoms, excluding gases and volatile liquids, that is a hazardous substance (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)).
Protected entities would include public water systems, publicly or privately owned or operated wastewater treatment facilities, municipalities with specified stormwater discharge permits, and state political subdivisions or special districts acting as wholesale water agencies. Contractors would qualify when performing the specified management or disposal activities for those entities.
(3) Protected entity The term protected entity means— (A) a public water system (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)); (B) a publicly or privately owned or operated treatment works (as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292)); (C) a municipality to which a permit under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is issued for stormwater discharges; (D) a political subdivision of a State or a special district of a State acting as a wholesale water agency; and (E) a contractor performing the management or disposal activities described in subsection (c) for an entity described in any of subparagraphs (A) through (D).
Subject to its conditions, the bill would bar anyone—including the federal government, states and Indian tribes—from recovering costs or damages from protected entities under CERCLA for costs arising from covered PFAS releases into the environment. The stated exemption concerns recovery under that particular federal law.
(b) Exemption Subject to subsection (c), no person (including the United States, any State, or an Indian Tribe) may recover costs or damages from a protected entity under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) for costs arising from a release to the environment of a covered perfluoroalkyl or polyfluoroalkyl substance.
Protection would apply only when an entity transports, treats or disposes of covered PFAS, or arranges those activities, consistently with all laws applicable at the time. Those activities must also occur during and following water conveyance or treatment under federal or state law.
(c) Requirements Subsection (b) shall only apply if a protected entity transports, treats, disposes of, or arranges for the transport, treatment, or disposal of a covered perfluoroalkyl or polyfluoroalkyl substance— (1) in a manner consistent with all applicable laws at the time the activity is carried out; and (2) during and following the conveyance or treatment of water under Federal or State law
The listed activities include managing or disposing of biosolids—the solid material from wastewater treatment—consistently with section 405 of the Federal Water Pollution Control Act. They also include discharging effluent, meaning treatment outflow, under a permit issued under section 402 of that law. These activities remain subject to the bill's overall eligibility conditions.
(1) in a manner consistent with all applicable laws at the time the activity is carried out; and (2) during and following the conveyance or treatment of water under Federal or State law, including through— (A) the management or disposal of biosolids consistent with section 405 of the Federal Water Pollution Control Act (33 U.S.C. 1345); (B) the discharge of effluent in accordance with a permit issued under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342)
Other listed activities include releasing or disposing of drinking-water or wastewater treatment leftovers, such as used filter materials and processed waste streams. Conveying or storing water to conserve or reclaim it for water supply would also fall within the listed activities, subject to the same conditions.
(1) in a manner consistent with all applicable laws at the time the activity is carried out; and (2) during and following the conveyance or treatment of water under Federal or State law
(C) the release or disposal of water treatment residuals or any other byproduct of drinking water or wastewater treatment activities, such as granulated activated carbon, filter media, and processed waste streams; or (D) the conveyance or storage of water for the purpose of conserving or reclaiming the water for water supply.
The bill would preserve potential liability for release-related costs or damages when a protected entity acted with gross negligence or willful misconduct in discharging, disposing of, managing, conveying or storing covered PFAS. This exception preserves liability; it does not itself establish that damages are owed in a particular case.
(d) Savings provision Nothing in this section precludes liability for damages or costs associated with the release of a covered perfluoroalkyl or polyfluoroalkyl substance by a protected entity if that protected entity acted with gross negligence or willful misconduct in the discharge, disposal, management, conveyance, or storage of the covered perfluoroalkyl or polyfluoroalkyl substance.
The supplied action snapshot, updated October 8, 2026, records House introduction on February 12, 2025, and referrals that day to the Energy and Commerce Committee, the Transportation and Infrastructure Committee, and the Water Resources and Environment Subcommittee.
Source snapshot updated 2026-10-08T16:27:30Z.
2025-02-12: Introduced in House
2025-02-12: Referred to the Subcommittee on Water Resources and Environment.
2025-02-12: 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.
A closer look
Reviewed version: Introduced in House · 2025-02-12. These findings describe provisions and who may benefit; they are not judgments of waste, corruption, or motive.
This review covers the supplied bill text. “None identified” does not rule out provisions in later versions or accompanying reports and disclosures.
Provisions outside the bill’s main subject, or policy changes attached to appropriations.
None identified in the reviewed text
No unrelated provision or policy change attached to appropriations was identified in the complete supplied introduced text. This conclusion is limited to that version and does not establish what other versions or accompanying materials contain.
Spending directed to particular recipients or places outside ordinary competitive or formula-based allocation.
None identified in the reviewed text
No congressionally directed spending for particular recipients or places was identified in the complete supplied introduced text. This conclusion is limited to that version; accompanying earmark materials were not supplied.
Narrow exceptions, exemptions, or preferential treatment that warrant a closer look.
Findings to examine
The bill's central policy is a sector-specific liability exemption. Identifying it as targeted treatment is not a judgment about whether it is justified.
Specified water systems, wastewater facilities, stormwater municipalities, wholesale water agencies and qualifying contractors would receive special protection against CERCLA cost and damage recovery for covered PFAS releases. This benefit is the bill's main policy. It requires lawful handling connected to water conveyance or treatment and preserves liability for gross negligence or willful misconduct.
(3) Protected entity The term protected entity means— (A) a public water system (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)); (B) a publicly or privately owned or operated treatment works (as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292)); (C) a municipality to which a permit under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is issued for stormwater discharges; (D) a political subdivision of a State or a special district of a State acting as a wholesale water agency; and (E) a contractor performing the management or disposal activities described in subsection (c) for an entity described in any of subparagraphs (A) through (D).
(b) Exemption Subject to subsection (c), no person (including the United States, any State, or an Indian Tribe) may recover costs or damages from a protected entity under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) for costs arising from a release to the environment of a covered perfluoroalkyl or polyfluoroalkyl substance.
(c) Requirements Subsection (b) shall only apply if a protected entity transports, treats, disposes of, or arranges for the transport, treatment, or disposal of a covered perfluoroalkyl or polyfluoroalkyl substance— (1) in a manner consistent with all applicable laws at the time the activity is carried out; and (2) during and following the conveyance or treatment of water under Federal or State law
(d) Savings provision Nothing in this section precludes liability for damages or costs associated with the release of a covered perfluoroalkyl or polyfluoroalkyl substance by a protected entity if that protected entity acted with gross negligence or willful misconduct in the discharge, disposal, management, conveyance, or storage of the covered perfluoroalkyl or polyfluoroalkyl substance.
Full text preserved for this analysis. Legislative record snapshot: Oct 8, 2026. How PlainBill uses AI