Section 1 Short title
This Act may be cited as the “Agriculture PFAS Liability Protection Act of 2023”.
Agriculture PFAS Liability Protection Act of 2023
A BILL
To exempt certain entities from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 with respect to releases of perfluoroalkyl and polyfluoroalkyl substances, and for other purposes.
Sec. 2 Exemption of agricultural operations from CERCLA liability for releases of PFAS
Definitions— In this section:
Covered perfluoroalkyl or polyfluoroalkyl substance— The term covered perfluoroalkyl or polyfluoroalkyl substance means a non-polymeric perfluoroalkyl or polyfluoroalkyl substance that contains at least 2 sequential fully fluorinated carbon atoms, excluding gases and volatile liquids, that is a hazardous substance (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)).
Indian tribe— The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
Protected entity— The term protected entity means a person engaged in the production or harvesting of agricultural products (as defined in section 207 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1626)).
Exemption— No person (including the United States, any State, or an Indian Tribe) may recover costs or damages from a protected entity under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) for costs arising from a release to the environment of a covered perfluoroalkyl or polyfluoroalkyl substance.
Savings provision— Nothing in this section precludes liability for damages or costs associated with the release of a covered perfluoroalkyl or polyfluoroalkyl substance by a protected entity if that protected entity acted with gross negligence or willful misconduct in the discharge, disposal, management, conveyance, or storage of the covered perfluoroalkyl or polyfluoroalkyl substance.