GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2021

S                                                                                                                                                     1

SENATE BILL 443

Short Title:      2021 Safe Drinking Water Act.		(Public)
Sponsors:	Senators Batch, Salvador, and deViere (Primary Sponsors).
Referred to:	Rules and Operations of the Senate

April 1, 2021

A BILL TO BE ENTITLED

AN ACT to protect north carolina citizens from harmful toxins in drinking water by requiring the Commission for public health to establish maximum contaminant levels for chemicals that are probable or known carcinogens or are otherwise toxic.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  The Commission for Public Health shall, no later than October 15, 2021:

(1)        Commence rulemaking to establish maximum contaminant levels (MCLs), as that term is defined under G.S. 130A‑313, for probable or known carcinogens and other toxic chemicals that are likely to pose a substantial hazard to public health. At a minimum, the Commission shall establish MCLs for all of the following contaminants:

a.         Per‑ and poly‑fluoroalkyl substances (PFAS).

b.         Perfluorooctanoic acid (PFOA).

c.         Perfluorooctane sulfonate (PFOS).

d.         Hexavalent chromium (chromium‑6).

e.         1,4‑Dioxane.

(2)        For any other contaminants for which at least two other states have set MCLs or issued guidance, the Commission shall consider establishment of MCLs for such contaminants.

SECTION 1.(b)  In the course of establishing MCLs as required by subsection (a) of this section, the Commission shall:

(1)        Review MCLs adopted by other states, the studies and scientific evidence reviewed by those states, material in the Agency for Toxic Substances and Disease Registry, and the latest peer‑reviewed science and independent or government agency studies on appropriate MCLs for such contaminants.

(2)        Adopt MCLs protective of public health, including vulnerable subpopulations such as pregnant and nursing mothers, infants, and children, which state MCLs shall not exceed any MCL or health advisory established by the United States Environmental Protection Agency.

SECTION 2.  The Commission for Public Health shall annually review the latest peer‑reviewed science and independent or government agency studies and undertake additional rulemaking, as necessary to establish or revise MCLs for contaminants that are likely to pose a substantial threat to public health.

SECTION 3.  There is appropriated from the General Fund to the Department of Health and Human Services the sum of six million dollars ($6,000,000) in recurring funds for the 2021‑2022 fiscal year to carry out the requirements set forth in this act. The Department may establish up to 37 FTE positions with the funds provided by this section.

SECTION 4.  This act becomes effective July 1, 2021.