Bill Summary for S 838 (2019-2020)

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Summary date: 

May 26 2020

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 838 (Public) Filed Tuesday, May 26, 2020
AN ACT TO DIRECT VARIOUS AGENCIES TO STUDY MATTERS ASSOCIATED WITH PFAS CONTAMINATION.
Intro. by Garrett, Peterson, Woodard.

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Bill summary

Identical to H 1110, filed 5/14/2020.

Part I

Directs the Department of Health and Human Services (DHHS) to implement a program to study the estimated human exposure to per- and poly-fluoroalkyl substances (PFAS) in the Cape Fear River Basin, and to conduct an epidemiological study of populations of the Cape Fear River Basin to identify disparities in disease prevalence that are consistent with long-term exposures to PFAS. Requires consultation with the Department of Environmental Quality (DEQ). Requires DHHS to report to the Environmental Review Commission (ERC) by December 31, 2021, with quarterly reporting to the ERC until a final report is issued, beginning January 1, 2021.

Part II

Directs the Wildlife Resources Commission (WRC) to study the estimated ecological exposures and impacts from PFAS contamination in the Cape Fear River Basin. Requires WRC to report to the ERC by December 31, 2021, with quarterly reporting to the ERC until a final report is issued, beginning January 1, 2021.

Part III

Directs the Office of State Budget and Management (OSBM) to study the estimated costs to the State, local governments, businesses, and individuals in response to human and ecological exposure to PFAS. Requires consultation with DEQ and the Attorney General to estimate costs attributable to each source of PFAS identified in the state. Requires OSBM report to the Environmental Review Commission (ERC) by December 31, 2021, with quarterly reporting to the ERC until a final report is issued, beginning January 1, 2021.

Part IV

Requires DEQ to create an inventory of ongoing discharges of PFAS to the air and surface waters and likely instances of soil and groundwater PFAS contamination, with specified information for each. Allows coordination with the NC PFAS Testing Network, organized by the NC Policy Collaboratory (Collaboratory), or any other entity. Requires DEQ to report to the ERC by September 1, 2021, with quarterly updates on new discharges thereafter.

Requires the DEQ Science Advisory Board to conduct a risk assessment of the risks to human health by PFAS exposure in various NC media, based on the best scientific available information, and report to the specified NCGA committee and the ERC by September 1, 2021.

Part V

Directs the Collaboratory to study the ongoing and anticipated future costs of the aggregate impact of the discharge, emission, and contamination of PFAS in North Carolina, as specified, and to report to the specified NCGA committees by September 1, 2021.

Part VI

Directs the ERC to study all statutory and regulatory requirements for disclosing the discharge or release of PFAS or other emerging contaminants to DEQ and the public, and report to the 2021 Regular Session of the NCGA.

Directs the ERC to study actions taken by other states to promote the practice of green chemistry to reduce the generation and use of hazardous chemicals and to drive sustainable alternatives to the use and manufacture of PFAS and other emerging contaminants. Requires the ERC to also study relevant tax incentives, regulatory changes and other approaches other states have adopted. Requires the ERC to report to the 2021 Regulation Session of the NCGA.

Part VII

Appropriates the following nonrecurring funds from the General Fund for the 2020-21 fiscal year for the act's implementation: $100,000 to DHHS; $100,000 to WRC; $100,000 to OSBM; $200,000 to DEQ; and $100,000 to the Collaboratory. Effective July 1, 2020.