ESTABLISH PFAS TASK FORCE/ADD'L MEASURES.

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View NCGA Bill Details2021
Senate Bill 460 (Public) Filed Thursday, April 1, 2021
AN ACT TO ESTABLISH THE "PFAS TASK FORCE" TO IDENTIFY AND ANALYZE ALL PER- AND POLY-FLUOROALKYL SUBSTANCES (PFAS) IN THE LOWER CAPE FEAR RIVER BASIN, TO IDENTIFY THEIR SOURCE OF DISCHARGE AND THEIR HEALTH IMPACT ON THE HUMAN POPULATION THEREIN, TO ESTABLISH ALLOWABLE MAXIMUM HEALTH STANDARDS FOR EXPOSURE TO PFAS, AND TO PROVIDE FOR THE IMMEDIATE REPLACEMENT AND/OR UPGRADE OF DRINKING WATER SYSTEMS, INCLUDING PRIVATE WELLS, WITHIN THE AFFECTED AREA.
Intro. by deViere, Murdock, Mayfield.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Apr 5 2021)

Bill History:

S 460

Bill Summaries:

  • Summary date: Apr 1 2021 - View Summary

    Requires the Department of Environmental Quality (DEQ) to establish the PFAS Task Force, which must take seven specified actions, including undertaking a comprehensive, nontargeted, scientific identification and analysis of all per- and poly-fluoroalkyl substances (PFAS), including GenX compounds, and other chemical contaminants of emerging interest, including 1,4-Dioxane, found in ground and surface waters, private wells, air, soil, dust, food, and locally produced garden and farm products within the Lower Cape Fear River Basin, and the streams and tributaries contained therein; identifying all public and private parties responsible for the discharge or emissions of such contaminants; and reviewing and updating the National Pollutant Discharge Elimination System (NPDES) permitting requirements and the appropriateness of the amount of sanctions and remedies that may be assessed under State law for noncompliance with State environmental requirements. Requires that the work be completed by April 30, 2024, and requires quarterly reports until then, beginning September 1, 2022, to the Environmental Review Commission. Specifies that the Task Force will serve as a pilot program for establishment of future statewide initiatives to aggressively examine and resolve public health concerns as a result of the discharge of illegal toxic contaminants into the public realm. Requires DEQ to report to the specified NCGA committee by March 1, 2022, regarding legislative recommendations and information on staffing, equipment, and instrumentation for the conduct of the Task Force's work, as well as necessary appropriations. Requires collaboration and input from the Environmental Review Commission to determine membership and structure for the Task Force and necessary appropriations. 

    Amends GS 143-215.2A to require a person responsible for the discharge or release of industrial waste that includes PFAS resulting in the contamination of a public or private water supply to establish permanent replacement water supplies (was, applicable only when the contamination was of a private drinking water well), when directed by the Secretary upon the Governor's direction. Makes conforming changes to the definition of affected party. Amends the definition of contamination to mean an exceedance of 10 ppt for a single PFAS compound, and a cumulative threshold of 25 ppt where three or more PFAS compounds are detected for any chemical classified as a PFAS. If a permanent replacement water supply is required, it must be through installation of a filtration system or connection to a public water system. Makes conforming changes.

    Requires DEQ, with the assistance of regional utility providers, to identify all affected parties. 

    Requires the State Controller to transfer $300 million from the Savings Reserve account to the General Fund for 2021-22 to execute agreements with appropriate contractors for the installation of filtration systems for all identified affected parties. Provides that the transfer is intended to provide relief and assistance from the effects of a public health emergency. Requires DEQ to seek cost recovery from the responsible parties, with recovered funds reverting to the General Fund and transferred to the State Controller into the Savings Reserve.