Bill Summary for H 189 (2017-2018)

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Summary date: 

Jan 10 2018

Bill Information:

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.

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Bill 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.