This bill exempts entities from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) for certain releases of certain perfluoroalkyl or polyfluoroalkyl substances, commonly referred to as PFAS. Specifically, the bill applies to entities with a fire suppression system installed (or otherwise in use) in accordance with applicable fire codes that uses an aqueous film forming foam that contains PFAS.
Under the bill, the exemption only applies if the release of PFAS resulted from the lawful discharge of an aqueous film forming foam in connection with a fire suppression system that conforms to applicable fire codes and is compliant with the most recently approved engineering standards at the time of discharge.
Liability for damages or costs associated with the release of certain PFAS must not be precluded if an entity (1) acts with gross negligence or willful misconduct, or (2) continues to use an aqueous film forming foam agent in its fire suppression system five years after the date on which approved engineering standards were updated to no longer require the use of such foam.
