Bipartisan bill introduced to protect water utilities against PFAS cleanup

April 22, 2024
The bill, introduced by representatives John Curtis and Marie Gluesenkamp-Perez, is aimed at protecting water utilities from certain EPA PFAS regulations.

Representative John Curtis of Utah introduced the Water Systems PFAS Liability Protection Act that would ensure that water utilities can focus on their jobs of providing clean drinking water.

The bipartisan bill, introduced alongside Representative Marie Gluesenkamp-Perez, is aimed at protecting water utilities from lawsuits regarding PFAS contamination in water.

The U.S. Environmental Protection Agency (EPA) recently rolled out regulations under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) that would hold polluters accountable for certain PFAS contaminants in drinking water. However, these regulations don’t shield water utilities from litigation.

“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 in a press release. “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.”

On April 19, 2024, the EPA designated perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as hazardous substances under CERCLA. Although the goal is to go after the source polluters of PFAS, it doesn’t offer specific protection to water utilities.

“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,” said Rep. Curtis in the press release. “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.”

The bill introduced by Curtis would ensure that the burden of paying for PFAS cleanup doesn’t fall on water utilities and their customers. Instead it would place emphasis on holding polluters accountable at the source.

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