WATER SAFETY ACT (NEW).

Printer-friendly: Click to view
View NCGA Bill Details2017-2018 Session
House Bill 189 (Public) Filed Thursday, February 23, 2017
AN ACT TO IMPLEMENT MEASURES TO ADDRESS "GENX" AND OTHER EMERGING CONTAMINANTS.
Intro. by Davis, Hardister, Clampitt, Grange.

Status: Ref To Com On House Select Committee on North Carolina River Quality (House Action) (Feb 9 2018)

SOG comments (3):

Identical bill

Identical to S 222, filed 3/8/17.

Short and Long Title Changes

House committee substitute to the 1st edition makes changes to the short and long titles. The original titles are as follows:

SEARCH & RESCUE NAME/FUNDS.

AN ACT TO MODIFY THE NAME OF SEARCH AND RESCUE SERVICES AND TO PROVIDE FUNDS FOR SEARCH AND RESCUE OPERATIONS.

Senate committee substitute

Senate committee substitute to the 2nd edition changes the act's title. The previous title was: AN ACT TO IMPLEMENT SHORT-TERM MEASURES TO RESPOND TO EMERGING CONTAMINANTS IN THE ENVIRONMENT.

Bill History:

H 189

Bill Summaries:

  • Summary date: Feb 9 2018 - View Summary

    Senate amendments make the following changes to the 3rd edition.

    Amendment #1 adds to the research the North Carolina Policy Collaboratory (Policy Collaboratory) is charged to conduct after identifying faculty expertise within the UNC System, using technology and instrumentation existing throughout the UNC System, to include studying the air emissions and atmospheric deposition of GenX and other emerging compounds.

    Amendment #2 provides that of the funds appropriated to the Department of Environmental Quality (DEQ) to implement the act, $813,000 can be allocated to the Division of Water Resources for nonrecurring expenses for time-limited positions and operations support, specifically: (1) for the collection of air and water quality samples related to GenX and other emerging contaminants that are delivered to the US Environmental Protection Agency (EPA) or to an entity designated to perform analysis of the samples by the Policy Collaboratory and (2) to address National Pollutant Discharge Elimination System (NPDES) permitting backlogs. Makes conforming changes.


  • Summary date: Feb 8 2018 - View Summary

    Senate committee substitute makes the following changes to the 2nd edition.

    Changes the act's long and short titles.

    Eliminates the proposed directive requiring the Department of Health and Human Services (DHHS) to consult with the Secretaries' Science Advisory Board in developing health goals for contaminants. Instead, directs DHHS to consult with the following federal and state entities concerning DHHS's process for establishing health goals for per- and poly-fluoroalkyl substances: the US Environmental Protection Agency (EPA), the Centers for Disease Control and Prevention, the Agency for Toxic Substances and Disease Registry, and the North Carolina Policy Collaboratory at the University of North Carolina at Chapel Hill (Policy Collaboratory) in coordination with faculty experts across the UNC System. 

    Adds a new directive requiring the Department of Environmental Quality (DEQ) to cooperate with any audit of its National Pollutant Discharge Elimination System (NPDES) permitting program by the EPA. Expressly directs DEQ to specifically work with the EPA to examine the adequacy of DEQ's NPDES permitting program in the event of an audit.

    Modifies and adds to the previously proposed provisions concerning the review of the NPDES Permit Program. Specifies that DEQ is to review its NPDES permitting program from the date on which DEQ assumed authority to implement the program under delegation from the EPA pursuant to Section 402(b) of the Clean Water Act and 40 CFR Part 123, October 19, 1975, to the effective date of the act. Modifies and adds to the four permitting requirements and processes DEQ must examine (previously, specifically directed to examine the adequacy of the identified requirements and processes). Removes from the study the examination of monitoring, sampling, and laboratory analytical requirements applicable to persons holding current NPDES permits and persons applying for new NPDES permits. Adds to the study the examination of the time required to process all NPDES permit applications that are received by DEQ, including (1) the total processing time from when an initial permit application is received to permit issuance or denial and (2) the processing time from when a complete permitting application is received to permit issuance or denial. Additionally, modifies the previously proposed study components to now refer to emerging contaminants instead of emerging chemicals. Eliminates the requirement that DEQ submit an interim report. Instead, only requires DEQ to submit a final report that includes any steps DEQ plans to take to improve DEQ's implementation of the NPDES permitting program to the House Select Committee on North Carolina River Quality, the Senate Select Committee on North Carolina River Water Quality, and the Environmental Review Commission no later than June 1, 2018 (previously, final report was to be submitted no later than December 1, 2018). Additionally requires DEQ to include any information related to an audit of its NPDES permitting program by the EPA in the report.

    Eliminates the directive requiring DEQ to study the statutory notification requirements for dischargers of untreated wastewater, untreated waste, and other substances to ensure that the requirements are sufficient to protect public health and provide adequate notice to DEQ and the public.

    Eliminates the directive requiring the UNC School of Government to study the civil liability of public and private water utilities for the distribution of drinking water contaminated by a pollutant without any applicable established federal or state discharge standards.

    Deletes the previous provisions concerning GenX funding and instead provides the following funding provisions. 

    Establishes the finding that relevant faculty expertise, technology, and instrumentation, including mass spectrometers, existing throughout the UNC System should be made available for the analysis of water quality sampling with respect to the discharge of the poly-fluoroalkyl chemical known as GenX and other emerging contaminants, as well as for related research on improved water quality sampling and analysis techniques, data interpretation, and potential mitigation measures that may be necessary. Further establishes that repurposing existing funds to facilitate these activities is an efficient utilization of State funds and resources.

    Directs the Policy Collaboratory to coordinate water quality sampling analysis related to GenX and other emerging contaminants in the most cost-effective manner using relevant faculty expertise , technology, and instrumentation, including mass spectrometers, existing throughout the UNC System, in the event the EPA no longer provides access to its analytical instrumentation at no cost to the State or if DEQ determines the analysis is not being performed in a sufficiently timely manner. Directs the Policy Collaboratory to consult with DEQ and the relevant experts in the UNC System to establish a protocol for the delivery of samples taken by DEQ to the entity designated to perform sample analyses, chain of custody protocols, and other matters to ensure proper handling and processing of the samples. 

    Further directs the Policy Collaboratory to identify faculty expertise within the UNC System and use technology and instrumentation, including mass spectrometers, existing throughout the UNC System to: (1) develop quantitative models to predict which private wells are most at risk of contamination from the discharge known as GenX and other emerging contaminants and (2) test the performance of household water filters in removing the compounds. Permits the Policy Collaboratory to evaluate and conduct other research for improved water quality sampling and analyses techniques, data interpretation, and potential mitigation measures that may be necessary with respect to the discharge of GenX and other emerging contaminants, using relevant faculty expertise, technology and instrumentation existing throughout the UNC System.

    For the above purposes, authorizes the Policy Collaboratory to use up to $1 million for the 2017-18 fiscal year and up to $1 million for the 2018-19 fiscal year of the funds appropriated for the 2016-17 fiscal year to the Office of State Budget and Management, Special Appropriations, and allocated to the Board of Trustees of the University of North Carolina at Chapel Hill for use as matching funds by the Collaboratory. Adds that the reallocated funds are to remain available for nonrecurring expenses. Clarifies that no match is required for funds reallocated by this act.

    Eliminates the previously proposed appropriations to DEQ for the purpose of supporting sampling and analysis activities associated with discharges of GenX and other emerging contaminants, and the acquisition of analytic equipment for more timely and cost-effective evaluation of any threat to public health and safety resulting from discharges of GenX and other emerging contaminants. Instead, appropriates $2.4 million in nonrecurring funds for the 2017-18 fiscal year from the unappropriated balance remaining in the General Fund to DEQ to implement the act. Adds a requirement for DEQ to report no later than June 1, 2018, and quarterly thereafter, to the Joint Legislative Committee on Governmental Operations on how the appropriated funds will be and are being used. Makes conforming changes to Sections 2.1 and 2.2(a) of SL 2017-57, as amended. Adds that nonrecurring funds appropriated for the 2017-18 fiscal year are to remain available for nonrecurring expenses through June 30, 2019.


  • Summary date: Jan 10 2018 - View Summary

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

    Changes the long and short titles. Deletes all provisions of the previous edition and now provides the following.

    Directs the Department of Health and Human Services (DHHS) to consult with the Secretaries' Science Advisory Board (Advisory Board) established by the Secretary of Environmental Quality and the Secretary of Health and Human Services to review the establishment of health goals for contaminants. Directs the Advisory Board to review and make recommendations for improvement of the process by which DHHS establishes health goals for contaminants, including how to promote greater public understanding of and confidence in the health goals. Requires DHHS to notify the Chair of the Advisory Board prior to issuing a provisional health goal for a contaminant and to submit all newly issued provisional health goals to the Advisory Board at their next scheduled meeting.

    Directs the Department of Environmental Quality (DEQ) to study the State's National Pollutant Discharge Elimination System (NPDES) permitting program to ensure that associated requirements are sufficient to protect public health, safety, welfare, and the environment. Specifies four associated permitting requirements and processes DEQ must examine the adequacy of, including the monitoring, sampling, and laboratory analytical requirements applicable to persons currently holding or applying for NPDES permits. Directs DEQ to submit an interim report with findings and recommendations to the House and Senate Select Committees on North Carolina River Water Quality and the Environmental Review Commission no later than April 1, 2018, and a final report to the same no later than December 1, 2018.

    Enacts GS 143-215.1D, directing DEQ to coordinate with the specified state environmental agencies in Georgia, South Carolina, Tennessee, Virginia, and West Virginia to improve processes for sharing information about contaminants identified in surface water or groundwater shared by, passing, or flowing across the border of the specified states and NC. Directs DEQ to share with the specified agencies water quality data for and information about any contaminant identified in surface water or ground water shared by, passing, or flowing across the border of the specified states and NC.

    Directs DEQ to study the statutory notification requirements for dischargers of untreated wastewater, untreated waste, and other substances to ensure that the requirements are sufficient to protect public health and provide adequate notice to DEQ and the public. Specifically directs DEQ to consider whether there are any conflicts or redundancies in the statutory notice and reporting requirements, and to study DEQ's processes for notifying the General Assembly and the Environmental Management Commission of the presence in the environment of emerging chemicals for which an applicable discharge standard has not been established under State or federal law. Requires DEQ to report its findings and recommendations to the House and Senate Select Committees on North Carolina River Water Quality and the Environmental Review Commission no later than April 1, 2018.

    Directs the School of Government at the University of North Carolina at Chapel Hill to study (1) the extent to which public and private water entities can be held civilly liable for distribution of contaminated drinking water without applicable discharge standards established under State or federal law and (2) the extent to which public and private water utilities are treated differently for purposes of civil liability. Requires the School of Government to submit the study results to the House and Senate Select Committees on North Carolina River Water Quality and the Environmental Review Commission no later than April 1, 2018.

    Establishes that the discharges of the poly-fluoroalkyl chemical known as GenX requires supplemental funding to support the identification, characterizations, and monitoring of GenX and other emerging contaminants in the land, air, and waters of the state, and reallocates the following funds for that purpose. Reallocates $1.3 million in nonrecurring funds appropriated to DEQ for the 2016-17 fiscal year and allocated for in situ nutrient management by Section 14.13(e) of SL 2016-94 (2016 Appropriations Act), as amended. Transfers to DEQ $25,000 in nonrecurring funds appropriated to the Rural Economic Development Division of the Department of Commerce for the 2017-18 fiscal year and provided as a grant-in-aid to the Town of Stedman by Section 15.8(b)(15) of SL 2017-57 (Appropriations Act of 2017). Requires the reallocated funds provided to DEQ to be allocated for the 2017-18 fiscal year as follows: (1) $813,000 to the Division of Water Resources for time-limited positions and operations support of water quality sampling related to GenX and other emerging contaminants and to address permitting backlogs; (2) $232,950 to the Division of Air Quality for sampling and analysis of atmospheric deposition of GenX and other emerging contaminants; and (3) $279,050 to the Division of Waste Management for sampling and analysis of GenX and other emerging contaminants in groundwater wells, soil, and sediment. Adds that the reallocated funds are to remain available for nonrecurring expenses, including the establishment of time-limited positions, through June 30, 2019.

    Appropriates to DEQ $479,736 in recurring funds for the 2017-18 fiscal year from the unappropriated balance remaining in the General Fund to support sampling and analysis activities associated with discharges of GenX and other emerging contaminants. Allocates to DEQ $537,000 in nonrecurring funds for the 2017-18 fiscal year from the Contingency and Emergency Fund to support the acquisition of analytic equipment to evaluate in a more timely and cost-effective manner the threat to public health and safety resulting from discharges of GenX and other emerging contaminants. Makes conforming changes to Sections 2.1 and 2.2 of SL 2017-57, as amended. Adds that nonrecurring funds appropriated for the 2017-18 fiscal year are to remain available for nonrecurring expenses through June 30, 2019.


  • Summary date: Feb 23 2017 - View Summary

    Amends Article 6 of GS Chapter 166A to change the title of the Article to State Search and Rescue (was, Urban Search and Rescue).

    Adds the term search and rescue team to the defined terms in GS 166A-65. Defines that term to mean a specialized team or group of teams, organized with capabilities equivalent to search and rescue teams established under the Federal Emergency Management Agency (FEMA) in order to assist in the removal of trapped victims during emergencies, including but not limited to collapsed structures, trench excavations, elevated locations, and other technical rescue situations. Eliminates the term urban search and rescue team, and makes conforming changes to eliminate references to that term and instead reference the search and rescue team in GS 166A-65, GS 166A-66, GS 166A-67, GS 166A-68, and GS 166A-69.

    Appropriates $2,397,000 in recurring funds from the General Fund to the Department of Public Safety, Division of Emergency Management, for the 2017-18 fiscal year to be used to support the State Search and and Rescue Program. Directs that the funds are to be used in partnership with units of local government to supplement local expenses to purchase equipment, maintain equipment, and provide other items necessary to ensure statewide search and rescue services. Provides that any match requirement established by the Secretary of the Department of Public Safety can be satisfied by the sponsoring local agency with cash payments or in-kind contributions. Effective July 1, 2017.