Airports PFAS Liability Protection Act 2023-05-03 Introduced in Senate Airports PFAS Liability Protection Act

This bill exempts airport sponsors from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) for releases of certain perfluoroalkyl or polyfluoroalkyl substances, commonly referred to as PFAS. A sponsor is (1) a public agency that submits an application for financial assistance to the Department of Transportation (DOT) related to airport development and improvement, and (2) a private owner of a public-use airport that submits an application for financial assistance to DOT for the airport. Under the bill, a sponsor also includes a sponsor of the civilian portion of a joint-use airport or shared-use airport (i.e., airports owned by the government or military).

Under the bill, the exemption only applies if the release of PFAS resulted from the use of an aqueous film forming foam and the use was (1) required by the Federal Aviation Administration (FAA), and (2) carried out in accordance with applicable FAA standards and guidance

Liability for damages or costs associated with the release of certain PFAS must not be precluded if an entity acts with gross negligence or willful misconduct in the use of an aqueous film forming foam.

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