Bill Summary for H 864 (2023-2024)

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Summary date: 

Apr 25 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 864 (Public) Filed Tuesday, April 25, 2023
Intro. by Davis, Iler.

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Bill 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.