AWWA Extends Support for Bipartisan Introduction of Water Systems PFAS Liability Protection Act

Reps. Marie Gluesenkamp Perez (D-WA) and Celeste Maloy (R-UT) introduce bipartisan legislation to advance "polluter pays" principle for PFAS

WASHINGTON, Feb. 12, 2025 /PRNewswire/ -- The American Water Works Association, as a member of the Water Coalition Against PFAS, supports today's reintroduction of the Water Systems PFAS Liability Protection Act. This bipartisan legislation would provide statutory liability protections for water utilities under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for per-and polyfluoroalkyl substances (PFAS), ensuring that polluters, not the public, pay for PFAS cleanup.

Last year, the U.S. Environment Protection Agency (EPA) formally designated two of the most common PFAS — perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) — as hazardous substances under CERCLA. This puts drinking water and wastewater utilities at risk of being forced to pay a portion of environmental cleanup costs after they legally dispose of water treatment byproducts or biosolids containing the contaminants – and allowing polluters to avoid their own responsibilities. The Water Systems PFAS Liability Protection Act would simply protect innocent water systems from CERCLA liability when they follow all applicable laws for disposing PFAS.

The Water Systems PFAS Liability Protection Act of 2025 is sponsored by Reps. Marie Gluesenkamp Perez (D-Wash.) and Celeste Maloy (R-Utah) and is identical to bipartisan legislation introduced in the 118th Congress by now-Senator John Curtis (R-Utah).

"The Water Systems PFAS Liability Protection Act will ensure that polluters are held responsible for cleaning up the PFAS they introduced into the environment, rather than water utilities and their ratepayers," said AWWA CEO David LaFrance. "Introducing this legislation is an important first step toward protecting local communities from having to shoulder the significant financial burden of cleaning up PFAS contamination they did not cause. AWWA looks forward to working with Reps. Gluesenkamp Perez and Maloy to advance this bill, and we urge Congress to support it."

Without this legislation, EPA's designation of PFAS as hazardous substances under CERCLA would expose drinking water and wastewater utilities to litigation from the manufacturers of PFAS, who can unjustly include water systems as defendants in litigation to reduce their own clean-up costs. This legal loophole could increase costs on water utilities even further – costs that utilities are then forced to pass along to ratepayers. The Water Systems PFAS Liability Protection Act will protect water systems and their customers from the increased costs associated with litigation and potential settlements against PFAS manufacturers and users.

Full text of the legislation is available here.

About American Water Works Association 
Established in 1881, the American Water Works Association is the largest nonprofit, scientific and educational association dedicated to managing and treating water, the world's most vital resource. With approximately 50,000 members, AWWA provides solutions to improve public health, protect the environment, strengthen the economy and enhance our quality of life.

About the Water Coalition Against PFAS
The Water Coalition Against PFAS includes organizations whose membership represent all facets of clean and safe water delivery – the Association of Metropolitan Water Agencies (AMWA), the American Water Works Association (AWWA), the National Association of Clean Water Agencies (NACWA), the National Association of Water Companies (NAWC), the National Rural Water Association (NRWA), and the Water Environment Federation (WEF). The Coalition advocates for responsible PFAS policies that will result in a "polluter pays" approach to dealing with PFAS contamination.

SOURCE American Water Works Association