Bill Summary for H 761 (2019-2020)

Summary date: 

Jul 1 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

Senate amendment to the 2nd edition makes the following changes.

Amends the proposed immunity provisions of GS 130A-335(a2). Establishes that the Department of Health and Human Services, its authorized agents, and local health departments are discharged and released from any liabilities, duties, and responsibilities imposed by statute or in common law from any claim arising out of or attributed to the soil conditions, site features, geologic conditions, or hydrogeologic conditions for which a signed written evaluation is submitted, upon its receipt from the soil scientist or licensed geologist (previously, provided immunity for wastewater system failures that are a direct result of evaluations conducted by a licensed soil scientist or licensed geologist).

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