PFAS POLLUTION AND POLLUTER LIABILITY.

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View NCGA Bill Details2023-2024 Session
House Bill 864 (Public) Filed Tuesday, April 25, 2023
AN ACT TO PROTECT THE CITIZENS OF NORTH CAROLINA FROM DRINKING WATER CONTAMINATED BY GENX AND OTHER PFAS COMPOUNDS.
Intro. by Davis, Iler.

Status: Re-ref Com On Appropriations (House action) (Jun 11 2024)
H 864

Bill Summaries:

  • Summary date: Jun 11 2024 - View Summary

    House committee substitute to the 1st edition makes the following changes.

    Amends new GS 130A-19.1, as follows. Changes the definition of permissible concentration level to mean any maximum contaminant level that may be established by the EPA for the per- and polyfluoroalkyl substances (PFAS) compound in question, or combined compounds (previously, sets forth separate standards for individual PFAS compounds [that was the lesser of 10 parts per trillion [ppt] or the EPA standard above] and combined PFAS compounds [a total concentration of 70 ppt]). Changes the type of PFAS manufacturers from facilities to persons and removes production of PFAS precursors from the definition. Changes enforcement actions by the Secretary of Environmental Quality (Secretary), as follows. Requires the Secretary to determine that the responsible party is a PFAS manufacturer, that the manufacturer has discharged or released PFAS into the environment that has caused or contributed to the presence of PFAS in the public water system, and that the concentration of PFAs in the public water system has exceeded a permissible concentration level (was, Secretary determines that the concentration of any PFAS in a public water system has exceeded a permissible concentration level). Removes requirement that a judicial action for enforcement by the Secretary be calendared for trial within 60 days after service of the complaint upon the defendant. Specifies that a GS 130A-19.1 remedy is in addition to existing statutory and common law remedies. Makes clarifying, technical, and organizational changes.

    Reduces the appropriation from $2 million to $300,000 for 2024-25 (was, 2023-24) from the General Fund to the Department of Environmental Quality (DEQ) to implement the act. Extends DEQ’s reporting deadline to the specified NCGA committees by one year. 

    Extends the effective date of the appropriation and reporting requirements from July 1, 2023, to September 1, 2024. Retains the effective date for the remainder of the act and specifies that it applies to costs incurred on or after January 1, 2017, to remove, correct, or abate adverse effects upon a water supply from contamination, irrespective of when a maximum contaminant level was established by the EPA.


  • Summary date: Apr 25 2023 - View Summary

    Enacts new GS 130A-19.1, providing as follows. Allows the Secretary of Environmental Quality (Secretary), when he determines that the concentration of any PFAS in a public water system, including any raw water intake, regardless of the system's raw water source, including surface water, public well, or pumped groundwater storage, has exceeded a permissible concentration level (as specified), to order the responsible party to pay the public water system costs incurred in removing, correcting, or abating any adverse effects upon the water supply due to the contamination for which the person is responsible. Sets out what is included in those costs. Defines responsible party as a PFAS manufacturer whose discharge or release of PFAS into the environment has caused or contributed to the presence of PFAS in a public water system. Allows the Secretary to institute an action in the superior court of the county where the public water system exists to enforce the order if the responsible party refuses to comply. Requires the action to be calendared for trial within 60 days after service of the complaint upon the defendant. Provides that a responsible party is jointly and severally liable for all actual and necessary costs. Requires a public water system to reimburse ratepayers of the system by reducing that rate charged in the future if (1) the public water system has previously expended funds to remove, correct, or abate any adverse effects upon its water supply resulting from PFAS contamination, (2) the amount of funds expended by the public water system for that purpose has been included in rates charged to its ratepayers, and (3) the funds expended by the public water system are subsequently reimbursed by the responsible party as the result of a court order. Applies retroactively to discharges from responsible parties occurring on or after January 1, 2017.

    Appropriates $2 million for 2023-24 from the General Fund to the Department of Environmental Quality (DEQ) to implement this act. Requires the funds to be deposited in the PFAS Public Water Protection Fund and allows DEQ to establish time-limited positions with these funds. Requires DEQ to report annually, beginning by December 15, 2023, to the specified NCGA committee on the use of the funds. Effective July 1, 2023.