U.S. Rep. John Curtis (R-UT) on April 11 unveiled a bipartisan bill to exempt water utilities from liability if they unintentionally release toxic perfluoroalkyl and polyfluoroalkyl substances (PFAS).
The congressman sponsored the Water Systems PFAS Liability Protection Act, H.R. 7944, alongside lead original cosponsor U.S. Rep. Marie Gluesenkamp Perez (D-WA) to ensure that water utilities can continue to focus their efforts on maintaining water quality, according to a bill summary provided by Rep. Curtis’ staff.
“In the West, and particularly in Utah, we understand deeply the value of clean water to our communities, our economy, and our way of life,” Rep. Curtis said. “This bill prevents the burden of industrial irresponsibility to fall on the shoulders of Utah’s families and ratepayers.”
“It’s about ensuring that those who profit from these chemicals bear the cost of their impact, not the Utahns who rely on the integrity of their water supply,” he added.
If enacted, H.R. 7944 states that 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 for costs arising from a release to the environment of a covered PFAS, according to the text of the bill.
However, nothing precludes liability for damages or costs associated with the release of a covered PFAS by a protected entity if they acted with gross negligence or willful misconduct in the discharge, disposal, management, conveyance, or storage of the covered PFAS, the text says.
“PFAS chemicals have harmful effects on our health and children’s development and water utilities are on the front line of the treatment and disposal of these substances,” said Rep. Gluesenkamp Perez. “This bipartisan legislation will help ensure policies to hold PFAS polluters accountable aren’t having unintended consequences on water utilities and ratepayers, especially in small and rural communities.”
The Central Utah Water Conservancy District and the Water Coalition Against PFAS support the measure.