Bill Summary for H 864 (2023-2024)

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Summary date: 

Jun 11 2024

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

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

Amends new GS 130A-19.1, as follows. Changes the definition of permissible concentration level to mean any maximum contaminant level that may be established by the EPA for the per- and polyfluoroalkyl substances (PFAS) compound in question, or combined compounds (previously, sets forth separate standards for individual PFAS compounds [that was the lesser of 10 parts per trillion [ppt] or the EPA standard above] and combined PFAS compounds [a total concentration of 70 ppt]). Changes the type of PFAS manufacturers from facilities to persons and removes production of PFAS precursors from the definition. Changes enforcement actions by the Secretary of Environmental Quality (Secretary), as follows. Requires the Secretary to determine that the responsible party is a PFAS manufacturer, that the manufacturer has discharged or released PFAS into the environment that has caused or contributed to the presence of PFAS in the public water system, and that the concentration of PFAs in the public water system has exceeded a permissible concentration level (was, Secretary determines that the concentration of any PFAS in a public water system has exceeded a permissible concentration level). Removes requirement that a judicial action for enforcement by the Secretary be calendared for trial within 60 days after service of the complaint upon the defendant. Specifies that a GS 130A-19.1 remedy is in addition to existing statutory and common law remedies. Makes clarifying, technical, and organizational changes.

Reduces the appropriation from $2 million to $300,000 for 2024-25 (was, 2023-24) from the General Fund to the Department of Environmental Quality (DEQ) to implement the act. Extends DEQ’s reporting deadline to the specified NCGA committees by one year. 

Extends the effective date of the appropriation and reporting requirements from July 1, 2023, to September 1, 2024. Retains the effective date for the remainder of the act and specifies that it applies to costs incurred on or after January 1, 2017, to remove, correct, or abate adverse effects upon a water supply from contamination, irrespective of when a maximum contaminant level was established by the EPA.