PFAS POLLUTION AND POLLUTER LIABILITY.

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View NCGA Bill Details(link is external)2025-2026 Session
House Bill 569 (Public) Filed Thursday, March 27, 2025
AN ACT TO PROTECT THE CITIZENS OF NORTH CAROLINA FROM DRINKING WATER CONTAMINATED BY GENX AND OTHER PFAS COMPOUNDS.
Intro. by Davis, Iler, Wheatley, Reives.
Status: Re-ref to Agriculture, Energy, and Environment. If fav, re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate (Senate action) (Jun 5 2025)

Bill History:

H 569

Bill Summaries:

  • Bill H 569 (2025-2026)
    Summary date: May 7 2025 - View Summary

    House amendment to the 3rd edition makes the following changes.

    Amends the definition of responsible party in new GS 130A-19.1 (abatement of PFAS exceedances), so that it means a per- and polyfluoroalkyl substances (PFAS) manufacturer: (1) whose direct discharge of PFAS into surface waters of the State has caused or contributed to the presence of PFAS in a public water system; and (2) who has entered a consent order that establishes required compliance measures to address discharges of PFAS to surface water (was, 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). Requires a public water system to have incurred costs in excess of $50 million to remove, correct, or abate adverse effects upon the water supply resulting from contamination by the responsible party in order for the Secretary to order that responsible party to pay the public water system the actual and necessary costs of repair, as described. Specifies now that a public water system must now reimburse ratepayers of the system through refunds or credits to customers, or a reduction in future rates charged, in a manner that will not impair any existing financial obligations that may be associated with the public water system if the described conditions are met (was, reimbursement through a reduction in future rates charged). Makes technical and clarifying changes.

    Environment, Environment/Natural Resources, Government, State Agencies, Department of Environmental Quality (formerly DENR)
    GS 130A
  • Bill H 569 (2025-2026)
    Summary date: May 6 2025 - View Summary

    House committee substitute to the 2nd edition makes the following changes.  

    Expands the examples of commercial goods, consumer goods, or intermediary products for use in the manufacture of commercial goods that are exempted from the term and makes technical changes to the term PFSA manufacturer in GS 130A-19.1 (abatement of PFAS exceedances). Clarifies that the Secretary of the Department of Environmental Quality (Secretary) can only order a responsible party to pay a public water system to abate any adverse effects on the system if the Secretary’s listed determinations are based upon sufficient evidence, detailed in findings of fact in its order. Makes organizational changes. Removes provisions providing for funding and an annual report to the specified NCGA committee by the Department of Environmental Quality. Makes conforming changes to the act’s effective date.

    Environment, Environment/Natural Resources, Government, State Agencies, Department of Environmental Quality (formerly DENR)
    GS 130A
  • Bill H 569 (2025-2026)
    Summary date: Apr 16 2025 - View Summary

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

    Amends new GS 130A-19.1 by amending the items excluded from the definition of PFAS manufacturer to now exclude a person that uses previously made PFAs compounds (was, PFAS materials or items) obtained from a PFAS manufacturer. 

    Environment, Environment/Natural Resources, Government, Budget/Appropriations, State Agencies, Department of Environmental Quality (formerly DENR)
    APPROP, GS 130A
  • Bill H 569 (2025-2026)
    Summary date: Mar 27 2025 - View Summary

    Section 1.

    Enacts new GS 130A-19.1, providing as follows. Allows the Secretary of Environmental Quality (Secretary), when he or she determines: (1) that the concentration of any per- and polyfluoroalkyl substances (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); (2) the person is PFAS manufacturer; and (3) the PFAS manufacturer discharged or released PFAS into the environment that has caused or contributed to the presence of PFAS in the public system, to order the responsible party to pay the public water system removal and abatement costs as described. Sets out what is included in those costs.

    Defines permissible concentration level, PFAS manufacturer, and responsible party (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 as described in the act).

    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. 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. Clarifies that the act does not impact any rights of contribution or other existing statutory or common law remedies. Applies retroactively to discharges from responsible parties occurring on or after January 1, 2017.

    Section 2.

    Appropriates $300,000 for the 2025-26 year 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, 2025, to the specified NCGA committee on the use of the funds. Effective September 1, 2025.

    Environment, Environment/Natural Resources, Government, Budget/Appropriations, State Agencies, Department of Environmental Quality (formerly DENR)
    APPROP, GS 130A
View: All Summaries for Bill