H.R.1267 - Water Systems PFAS Liability Protection Act (119th Congress)
Summary
H.R.1267, the "Water Systems PFAS Liability Protection Act," aims to exempt certain entities, such as water and wastewater treatment facilities, from liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for releases of perfluoroalkyl and polyfluoroalkyl substances (PFAS). The bill defines specific criteria for this exemption, including the types of PFAS covered and the conditions under which the exemption applies. It focuses on protecting entities that handle PFAS in compliance with applicable laws and during water treatment processes.
Expected Effects
If enacted, H.R.1267 would shift the financial burden of PFAS cleanup away from water and wastewater treatment facilities under specific conditions. This could lead to reduced legal costs for these entities, but potentially increase the financial responsibility of other parties, including the federal government, states, or private entities, for PFAS remediation. The exemption does not apply in cases of gross negligence or willful misconduct.
Potential Benefits
- Reduced Financial Burden: Water and wastewater treatment facilities could see reduced financial strain from potential CERCLA liability.
- Resource Allocation: These entities could allocate resources towards infrastructure improvements and service enhancements rather than legal defense.
- Clarity for Operations: Provides clearer guidelines for water systems regarding PFAS handling and potential liability.
- Support for Municipalities: Helps municipalities manage stormwater discharges without the threat of CERCLA lawsuits related to PFAS.
- Protection for Contractors: Extends liability protection to contractors involved in the management and disposal of PFAS for protected entities.
Most Benefited Areas:
Potential Disadvantages
- Shifting Liability: The financial burden of PFAS cleanup could shift to other parties, potentially including taxpayers.
- Reduced Accountability: May reduce the incentive for protected entities to proactively prevent PFAS releases, except in cases of gross negligence or willful misconduct.
- Potential for Environmental Harm: Could lead to less stringent management of PFAS if entities are not held fully accountable for releases.
- Legal Challenges: The scope and interpretation of the exemption could lead to legal disputes and uncertainty.
- Impact on Affected Communities: Communities downstream from facilities could bear a disproportionate burden if cleanup costs are not adequately addressed.
Constitutional Alignment
The bill's alignment with the U.S. Constitution is primarily related to Congress's power to regulate interstate commerce under Article I, Section 8, which has been broadly interpreted to include environmental regulations. CERCLA itself is based on this power. H.R.1267 modifies the application of CERCLA, which is within Congress's legislative authority. The bill does not appear to infringe on any specific constitutional rights or protections.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).