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Bill aims to protect water utilities, customers from lawsuits over pollution like PFAS

A pool of water reflects a white metal bridge and a brick wall at the City of Bloomington Utilities' water treatment plant.
Alan Mbathi
/
IPB News
The City of Bloomington Utilities' water treatment plant. The Association of Metropolitan Water Agencies said lawsuits against water utilities shift responsibility from industrial companies that caused PFAS pollution.

Residents in states like Connecticut have sued their drinking water utilities for not doing more to protect them from harmful chemicals like PFAS.

An Indiana House committee passed Senate Bill 426 Tuesday. It aims to protect water utilities from such lawsuits — and the customers who ultimately pay for them.

PFAS are a group of human-made chemicals found in non-stick and stain-resistant products — including pans, carpets and fast-food wrappers. Among other things, exposure to them has been linked to kidney cancer, problems with the immune system and developmental issues in children.

Justin Schneider with Indiana American Water said residents in other states have filed lawsuits against drinking water utilities because they feel the water quality standards for things like PFAS should be more strict.

“And the reality is that the utilities do not make the scientific or the technical decisions about what the water quality standards should be — we’re the ones that implement those," he said.

Schneider said the bill ultimately protects water utility customers — because the cost of those lawsuits gets passed on to them.

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Similar legislation has been proposed at the federal level. The Association of Metropolitan Water Agencies said these lawsuits shift responsibility from industrial companies that caused PFAS pollution.

Kerwin Olson with the consumer and environmental advocacy group Citizens Action Coalition said the group appreciates the intent of the bill is to protect customers, but its language makes him nervous.

“What I see — forgive me — is you open up your tap and you drink poisoned water, you can’t sue the utility company," he said.

The bill now moves to the full House for consideration.

Rebecca is our energy and environment reporter. Contact her at rthiele@iu.edu or follow her on Twitter at @beckythiele.

Rebecca Thiele covers statewide environment and energy issues.