II 118TH CONGRESS 1ST SESSION S. 1427 To exempt certain entities from liability under the Comprehensive Environ- mental Response, Compensation, and Liability Act of 1980 with respect to releases of perfluoroalkyl and polyfluoroalkyl substances, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 3, 2023 Ms. LUMMIS (for herself, Mr. BOOZMAN, Mr. CRAMER, Mr. GRAHAM, Mr. MULLIN, Mr. RICKETTS, Mr. SULLIVAN, and Mr. WICKER) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To exempt certain entities from liability under the Com- prehensive Environmental Response, Compensation, and Liability Act of 1980 with respect to releases of 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 ‘‘Agriculture PFAS Li- 4 ability Protection Act of 2023’’. 5 VerDate Sep 11 2014 22:20 May 12, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1427.IS S1427 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1427 IS SEC. 2. EXEMPTION OF AGRICULTURAL OPERATIONS FROM 1 CERCLA LIABILITY FOR RELEASES OF PFAS. 2 (a) DEFINITIONS.—In this section: 3 (1) COVERED PERFLUOROALKYL OR 4 POLYFLUOROALKYL SUBSTANCE.—The term ‘‘cov- 5 ered perfluoroalkyl or polyfluoroalkyl substance’’ 6 means a non-polymeric perfluoroalkyl or 7 polyfluoroalkyl substance that contains at least 2 se- 8 quential fully fluorinated carbon atoms, excluding 9 gases and volatile liquids, that is a hazardous sub- 10 stance (as defined in section 101 of the Comprehen- 11 sive Environmental Response, Compensation, and 12 Liability Act of 1980 (42 U.S.C. 9601)). 13 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 14 has the meaning given the term in section 4 of the 15 Indian Self-Determination and Education Assistance 16 Act (25 U.S.C. 5304). 17 (3) PROTECTED ENTITY.—The term ‘‘protected 18 entity’’ means a person engaged in the production or 19 harvesting of agricultural products (as defined in 20 section 207 of the Agricultural Marketing Act of 21 1946 (7 U.S.C. 1626)). 22 (b) EXEMPTION.—No person (including the United 23 States, any State, or an Indian Tribe) may recover costs 24 or damages from a protected entity under the Comprehen- 25 sive Environmental Response, Compensation, and Liabil- 26 VerDate Sep 11 2014 22:20 May 12, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1427.IS S1427 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1427 IS ity Act of 1980 (42 U.S.C. 9601 et seq.) for costs arising 1 from a release to the environment of a covered 2 perfluoroalkyl or polyfluoroalkyl substance. 3 (c) SAVINGS PROVISION.—Nothing in this section 4 precludes liability for damages or costs associated with the 5 release of a covered perfluoroalkyl or polyfluoroalkyl sub- 6 stance by a protected entity if that protected entity acted 7 with gross negligence or willful misconduct in the dis- 8 charge, disposal, management, conveyance, or storage of 9 the covered perfluoroalkyl or polyfluoroalkyl substance. 10 Æ VerDate Sep 11 2014 22:20 May 12, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S1427.IS S1427 kjohnson on DSK79L0C42PROD with BILLS