Bill Summary for H 761 (2019-2020)

Summary date: 

Apr 30 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 761 (Public) Filed Monday, April 15, 2019
AN ACT TO CLARIFY THAT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, ITS AUTHORIZED AGENTS, AND LOCAL HEALTH DEPARTMENTS SHALL HAVE NO LIABILITY FOR WASTEWATER SYSTEMS FAILURES THAT ARE A DIRECT RESULT OF CERTAIN EVALUATIONS CONDUCTED BY LICENSED SOIL SCIENTISTS AND LICENSED GEOLOGISTS.
Intro. by Yarborough, McElraft, Carney, Corbin.

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Bill summary

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

Deletes the proposed changes to GS 130A-336(b1) and instead modifies the proposed changes to GS 130A-335(a2) to provide that the Department of Health and Human Services, its authorized agents, and local health departments have no liability for wastewater system failures that are a direct result of evaluations conducted by a licensed soil scientist or licensed geologist under subsection (a2) (previously, limited immunity to local health departments and did not specify the evaluation's direct causation of a failure; also specifically included immunity from liability arising from the licensed professionals' site verification). Amends the act's long title.

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