Section 1.
Enacts new GS 130A-19.1, providing as follows. Allows the Secretary of Environmental Quality (Secretary), when he or she determines: (1) that the concentration of any per- and polyfluoroalkyl substances (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); (2) the person is PFAS manufacturer; and (3) the PFAS manufacturer discharged or released PFAS into the environment that has caused or contributed to the presence of PFAS in the public system, to order the responsible party to pay the public water system removal and abatement costs as described. Sets out what is included in those costs.
Defines permissible concentration level, PFAS manufacturer, and responsible party (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 as described in the act).
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. 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. Clarifies that the act does not impact any rights of contribution or other existing statutory or common law remedies. Applies retroactively to discharges from responsible parties occurring on or after January 1, 2017.
Section 2.
Appropriates $300,000 for the 2025-26 year 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, 2025, to the specified NCGA committee on the use of the funds. Effective September 1, 2025.
PFAS POLLUTION AND POLLUTER LIABILITY.
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View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT TO PROTECT THE CITIZENS OF NORTH CAROLINA FROM DRINKING WATER CONTAMINATED BY GENX AND OTHER PFAS COMPOUNDS.Intro. by Davis, Iler, Wheatley, Reives.
Status: Ref to the Com on Agriculture and Environment, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House (House action) (Apr 1 2025)
Bill History:
H 569
Bill Summaries:
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Bill H 569 (2025-2026)Summary date: Mar 27 2025 - View Summary
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