AWWA Champions New Bipartisan Legislation to Safeguard Water Utilities from PFAS Liabilities
In a significant move for environmental protection, the American Water Works Association (AWWA) has pledged its full support for the reintroduction of the Water Systems PFAS Liability Protection Act. This bipartisan initiative, led by Representatives Marie Gluesenkamp Perez (D-WA) and Celeste Maloy (R-UT), seeks to eliminate the legal risks commonly faced by water utilities regarding per- and polyfluoroalkyl substances (PFAS).
The Water Systems PFAS Liability Protection Act aims to uphold the 'polluter pays' principle, which holds responsible parties accountable for environmental damages they create. By providing statutory liability protection under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), this legislation ensures that it is the polluters who will finance the cleanup of PFAS contaminants, rather than passing the financial responsibilities onto the water utilities and, subsequently, the ratepayers.
The urgency for such protective legislation stems from the recent designation of certain PFAS, notably perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as hazardous substances by the U.S. Environmental Protection Agency (EPA). This classification has placed drinking water and wastewater utilities in a precarious position. They risk being held liable for a portion of environmental cleanup costs even when they have operated under the law regarding the disposal of water treatment byproducts containing these contaminants.
“This act will reinforce the obligation that polluters have to clean up their mess instead of placing that burden on innocent water utilities and the customers who depend on them,” stated AWWA CEO David LaFrance. He emphasized that the introduction of this pivotal legislation is a significant step toward shielding local communities from the heavy financial strains associated with PFAS contamination cases that they have not instigated.
The repercussions of not passing this act could lead to costly litigation for water utilities. PFAS manufacturers may unjustly target these utilities as defendants, diminishing their liability and shifting the financial burden onto the very systems tasked with providing clean drinking water. The loophole risks elevating costs—burdens that would ultimately be borne by consumers through higher water rates.
Currently, AWWA, alongside the Water Coalition Against PFAS, collaborates with various water associations and organizations, advocating for policies that lead to tangible accountability for those responsible for contaminating water resources. The coalition includes prominent entities such as the Association of Metropolitan Water Agencies, the National Association of Clean Water Agencies, and others dedicated to ensuring the delivery of clean and safe water.
The Water Systems PFAS Liability Protection Act has similarities to the bipartisan legislation previously introduced in the 118th Congress by now-Senator John Curtis (R-Utah). The ongoing support for the act reflects a growing consensus among policymakers to tackle the challenges posed by PFAS, substances that have troubling implications for public health and environmental safety.
As this legislation progresses through Congress, AWWA remains committed to operating alongside Representatives Gluesenkamp Perez and Maloy in advocating for the act. The organization urges swift congressional backing to solidify protections for water systems and ensure that no community should bear the unjust costs of pollution.
For those interested in the full details of the proposed legislation, additional information is readily available through formal channels. In conclusion, the collaborative effort to introduce and support this legislative framework marks a proactive step in addressing the looming threat of PFAS and safeguarding essential water services against financial strain and legal uncertainty.
The Water Systems PFAS Liability Protection Act aims to uphold the 'polluter pays' principle, which holds responsible parties accountable for environmental damages they create. By providing statutory liability protection under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), this legislation ensures that it is the polluters who will finance the cleanup of PFAS contaminants, rather than passing the financial responsibilities onto the water utilities and, subsequently, the ratepayers.
The urgency for such protective legislation stems from the recent designation of certain PFAS, notably perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as hazardous substances by the U.S. Environmental Protection Agency (EPA). This classification has placed drinking water and wastewater utilities in a precarious position. They risk being held liable for a portion of environmental cleanup costs even when they have operated under the law regarding the disposal of water treatment byproducts containing these contaminants.
“This act will reinforce the obligation that polluters have to clean up their mess instead of placing that burden on innocent water utilities and the customers who depend on them,” stated AWWA CEO David LaFrance. He emphasized that the introduction of this pivotal legislation is a significant step toward shielding local communities from the heavy financial strains associated with PFAS contamination cases that they have not instigated.
The repercussions of not passing this act could lead to costly litigation for water utilities. PFAS manufacturers may unjustly target these utilities as defendants, diminishing their liability and shifting the financial burden onto the very systems tasked with providing clean drinking water. The loophole risks elevating costs—burdens that would ultimately be borne by consumers through higher water rates.
Currently, AWWA, alongside the Water Coalition Against PFAS, collaborates with various water associations and organizations, advocating for policies that lead to tangible accountability for those responsible for contaminating water resources. The coalition includes prominent entities such as the Association of Metropolitan Water Agencies, the National Association of Clean Water Agencies, and others dedicated to ensuring the delivery of clean and safe water.
The Water Systems PFAS Liability Protection Act has similarities to the bipartisan legislation previously introduced in the 118th Congress by now-Senator John Curtis (R-Utah). The ongoing support for the act reflects a growing consensus among policymakers to tackle the challenges posed by PFAS, substances that have troubling implications for public health and environmental safety.
As this legislation progresses through Congress, AWWA remains committed to operating alongside Representatives Gluesenkamp Perez and Maloy in advocating for the act. The organization urges swift congressional backing to solidify protections for water systems and ensure that no community should bear the unjust costs of pollution.
For those interested in the full details of the proposed legislation, additional information is readily available through formal channels. In conclusion, the collaborative effort to introduce and support this legislative framework marks a proactive step in addressing the looming threat of PFAS and safeguarding essential water services against financial strain and legal uncertainty.
Topics Policy & Public Interest）
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