PFAS User Fee Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 2570 To ensure that polluters pay ongoing water treatment costs associated with contamination from perfluoroalkyl and polyfluoroalkyl substances, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 8, 2019 Mr. ROUDA introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Trans- portation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To ensure that polluters pay ongoing water treatment costs associated with contamination from perfluoroalkyl and polyfluoroalkyl substances, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘PFAS User Fee Act 4 of 2019’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 VerDate Sep 11 2014 05:03 May 14, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\H2570.IH H2570 kjohnson on DSK79L0C42 with BILLS 2 •HR 2570 IH (1) Perfluoroalkyl and polyfluoroalkyl sub- 1 stances have emerged as pervasive contaminants in 2 sources of drinking water and water to be treated by 3 treatment works. 4 (2) Such substances are not naturally occur- 5 ring, but are present in water because of manufac- 6 turing and distribution of PFAS in commerce. 7 (3) Such substances pose serious risks to 8 health, including risks of cancer, reproductive and 9 developmental effects, and effects on the immune 10 system, liver, and kidneys. 11 (4) Because of these risks, regulatory limits 12 continue to be established for PFAS in drinking 13 water and effluent from treatment works. 14 (5) Removing PFAS from water results in sig- 15 nificant ongoing operation and maintenance costs. 16 (6) Those costs are currently borne by commu- 17 nity water systems and treatment works, and in turn 18 by ratepayers. 19 (7) Those costs should rightly be borne by the 20 manufacturers of PFAS, who are using community 21 water systems and treatment works to remove their 22 pollution from the environment. 23 SEC. 3. DEFINITIONS. 24 In this Act: 25 VerDate Sep 11 2014 05:03 May 14, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\H2570.IH H2570 kjohnson on DSK79L0C42 with BILLS 3 •HR 2570 IH (1) ADMINISTRATOR.—The term ‘‘Adminis- 1 trator’’ means the Administrator of the Environ- 2 mental Protection Agency. 3 (2) AFFECTED FACILITY.—The term ‘‘affected 4 facility’’ means— 5 (A) a community water system that has 6 operation and maintenance costs associated 7 with the removal of PFAS from water of the 8 community water system; or 9 (B) a treatment works that has operation 10 and maintenance costs associated with the re- 11 moval of PFAS from effluent prior to discharge 12 from the treatment works. 13 (3) COMMUNITY WATER SYSTEM.—The term 14 ‘‘community water system’’ has the meaning given 15 that term in section 1401 of the Safe Drinking 16 Water Act (42 U.S.C. 300f). 17 (4) DISADVANTAGED COMMUNITY.—The term 18 ‘‘disadvantaged community’’ has the meaning given 19 that term in section 1452 of the Safe Drinking 20 Water Act (42 U.S.C. 300j–12). 21 (5) MANUFACTURE.—The term ‘‘manufacture’’ 22 has the meaning given that term in section 3 of the 23 Toxic Substances Control Act (15 U.S.C. 2602). 24 VerDate Sep 11 2014 05:03 May 14, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\H2570.IH H2570 kjohnson on DSK79L0C42 with BILLS 4 •HR 2570 IH (6) PFAS.—The term ‘‘PFAS’’ means a 1 perfluoroalkyl or polyfluoroalkyl substance with at 2 least one fully fluorinated carbon atom. 3 (7) TREATMENT WORKS.—The term ‘‘treatment 4 works’’ has the meaning given that term in section 5 212 of the Federal Water Pollution Control Act (33 6 U.S.C. 1292). 7 SEC. 4. PFAS MANUFACTURER USER FEE. 8 (a) IN GENERAL.—The Administrator shall, by rule, 9 establish fees for the manufacture of PFAS, which shall 10 be assessed to each person manufacturing PFAS based 11 on the amount of PFAS manufactured by the person. 12 (b) INITIAL FEE.—Not later than 12 months after 13 the date of enactment of this Act, the Administrator shall 14 establish fees under subsection (a) that are sufficient to 15 ensure the collection of not less than $2,000,000,000 dol- 16 lars per year. 17 (c) REVIEW AND UPDATE.—Not less frequently than 18 every 2 years, the Administrator shall review the fees es- 19 tablished under subsection (a) and update such fees as 20 necessary to ensure that the fee collections are sufficient 21 to cover at least 25 percent of the operation and mainte- 22 nance costs associated with the removal of PFAS by af- 23 fected facilities. 24 VerDate Sep 11 2014 05:03 May 14, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\H2570.IH H2570 kjohnson on DSK79L0C42 with BILLS 5 •HR 2570 IH SEC. 5. PFAS TREATMENT TRUST FUND. 1 (a) ESTABLISHMENT.—There is established in the 2 Treasury of the United States a trust fund to be known 3 as the ‘‘PFAS Treatment Trust Fund’’, consisting of such 4 amounts as may be appropriated to such Trust Fund. 5 (b) TRANSFER TO TRUST FUND OF AMOUNTS 6 EQUIVALENT TO USER FEES.—There are hereby appro- 7 priated to the PFAS Treatment Trust Fund amounts 8 equivalent to the fees collected under section 4. 9 (c) EXPENDITURES FROM TRUST FUND.—Amounts 10 in the PFAS Treatment Trust Fund shall be available, 11 without further appropriation, only for purposes of mak- 12 ing expenditures to carry out section 6. 13 SEC. 6. SUPPORT FOR OPERATION AND MAINTENANCE OF 14 COMMUNITY WATER SYSTEMS AND TREAT- 15 MENT WORKS. 16 (a) GRANTS.—The Administrator shall make grants 17 to affected facilities to pay for operation and maintenance 18 costs associated with the removal of PFAS. 19 (b) APPLICATIONS.— 20 (1) GUIDANCE.—Not later than 12 months 21 after the date of enactment of this Act, the Adminis- 22 trator shall publish guidance describing the form 23 and timing for affected facilities to apply for grants 24 under this section. 25 VerDate Sep 11 2014 05:03 May 14, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\H2570.IH H2570 kjohnson on DSK79L0C42 with BILLS 6 •HR 2570 IH (2) REQUIRED INFORMATION.—The Adminis- 1 trator shall require an affected facility applying for 2 a grant under this section to submit information 3 showing the presence of PFAS in water at the facil- 4 ity. 5 (c) PRIORITY.—The Administrator shall prioritize for 6 funding grants to affected facilities serving disadvantaged 7 communities. 8 Æ VerDate Sep 11 2014 05:03 May 14, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 \\ALPHA3\E\BILLS\H2570.IH H2570 kjohnson on DSK79L0C42 with BILLS