Bipartisan Water Systems PFAS Liability Protection Act Introduced to Alleviate Financial Burden on Utilities

Bipartisan Legislation Aims to Protect Utilities and Ratepayers from PFAS Costs

The Water Environment Federation (WEF) has come forward with strong support for the reintroduction of the Water Systems PFAS Liability Protection Act. This significant piece of bipartisan legislation, championed by Representatives Marie Gluesenkamp Perez (D-WA) and Celeste Maloy (R-UT), strives to shield water utilities from the heavy financial burdens associated with cleaning up per- and polyfluoroalkyl substances (PFAS) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

The pressing nature of this legislation arises from the Environmental Protection Agency's (EPA) recent classification of two major PFAS chemicals—PFOA and PFOS—as hazardous substances. This classification obligates water utilities across the nation to eliminate these chemicals from drinking water, leading to substantial costs that threaten their financial stability. Ralph Exton, Executive Director of WEF, emphasized, “Water utilities and their customers should not be forced to bear the remediation costs for issues they did not create.” The introduction of this act signifies a critical step toward alleviating these burdens.

The ramifications of the EPA’s designation extend beyond operational concerns—utilities are facing increased vulnerability to lawsuits from PFAS manufacturers aiming to pass on their financial responsibilities. This situation poses significant threats to the operational budgets of utilities, ultimately impacting ratepayers.

The Water Systems PFAS Liability Protection Act emerges as a vital solution in preserving the interests of affected utilities and, by extension, the communities they serve. As stated by Exton, “These utilities are involuntary receivers of PFAS and did not create or profit from PFAS.” Without timely congressional action, these entities risk encountering overwhelming financial and operational challenges related to PFAS contamination.

The necessity of this legislative measure is underscored by data from the Minnesota Pollution Control Agency, which indicates that while PFAS substances can be procured for a mere $50 to $1,000 per pound, remediation costs can balloon to between $2.7 million and $18 million per pound, depending on the system in place. Such disparities highlight the urgent need for effective interventions.

Originally introduced during the previous Congress by Rep. John Curtis (R-UT), this bill enjoyed broad bipartisan backing, indicating a shared recognition of its importance for accountability in PFAS remediation efforts.

The Water Environment Federation, established in 1928, consists of over 30,000 individual members and 75 affiliated organizations devoted to water quality. Its mission centers on inspiring the water community to promote both human and environmental well-being, underscoring the vital role that legislation like the PFAS Liability Protection Act plays in achieving these goals. The WEF remains committed to shaping a sustainable water sector that can effectively tackle ongoing challenges and safeguard public health.

As discussions around this legislation continue, it is crucial that stakeholders engage with and support initiatives designed to enhance accountability and protect our water infrastructure from undue economic strain. Experts agree that while this legislation is a necessary step forward, a broader strategy focusing on source control at industrial and residential levels would offer the most effective and cost-efficient path to combating PFAS contamination.

The reintroduction of this act stands as a pivotal moment in the ongoing fight against environmental hazards, as it seeks to balance the financial burdens imposed on utilities with the imperative of public health and safety.

For further media inquiries, contact Heidi Bragg, Senior Director of Communications and Public Outreach, via phone at (703) 684-2465 or email at [email protected].