PFAS Free NC.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 881

Short Title: PFAS Free NC. (Public)
Sponsors: Representatives Harrison, Butler, Colvin, and Cohn (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
April 10, 2025
*H881-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO BAN THE MA NUFACTURE, USE, AND DISTRIBUTION OF PFAS AND 2
PFAS-CONTAINING PROD UCTS WITHIN THE STAT E, TO IMPLEMENT 3
MEASURES TO PREVENT AND ADDRESS CONTAMIN ATION FROM THE 4
DISCHARGE OF PFAS AN D 1,4 -DIOXANE IN THE STATE, AND TO DIRECT 5
VARIOUS AGENCIES TO STUDY MATTERS ASSOCI ATED WITH PFAS 6
CONTAMINATION IN ORDER TO PROTECT THE PUBLIC HEALTH. 7
The General Assembly of North Carolina enacts: 8
9
PART I. BAN PFAS 10
SECTION 1. Article 21A of Chapter 143 of the General Statutes is amended by 11
adding a new Part to read: 12
"Part 8. Ban Manufacture, Use, and Distribution of Certain Toxic Chemicals. 13
"§ 143-215.104LL. Prohibition on manufacture, use, and distribution of PFAS within th e 14
State. 15
(a) No person may knowingly do any of the following: 16
(1) Manufacture PFAS for use within the State or manufacture PFAS for export 17
from the State. 18
(2) Use any PFAS for the production of any product within the State, or for export 19
from the State , except for products specifically authorized or required to 20
contain PFAS under federal law. 21
(3) Process or distribute in commerce any PFAS, or any product containing 22
PFAS, for use within the State or for export from the State, except for products 23
specifically authorized or required to contain PFAS under federal law. 24
(b) For purposes of this section, "PFAS" means per-fluoroalkyl and poly -fluoroalkyl 25
substances, a class of fluorinated organic chemicals containing at least one fully fluorinated 26
carbon atom. 27
"§ 143-215.104MM. Civil penalties. 28
(a) The Secretary may assess a civil penalty of not more than five thousand dollars 29
($5,000) or, if the violation involves a hazardous waste, as defined in G.S. 130A-290, of not more 30
than twenty-five thousand dollars ($25,000) against any person wh o violates a requirement of 31
this Part. 32
(b) If any action or failure to act for which a penalty may be assessed under subsection 33
(a) of this section is a repeat offense, the Secretary may assess a penalty not to exceed ten 34
General Assembly Of North Carolina Session 2025
Page 2 House Bill 881-First Edition
thousand dollars ($10,000) per occurrence. A penalty for multiple occurrences shall not exceed 1
two hundred thousand dollars ($200,000) in any month. 2
(c) In determining the amount of the penalty, the Secretary shall consider the factors set 3
out in G.S. 143B-282.1(b). The procedures set out in G.S. 143B-282.1 shall apply to civil penalty 4
assessments that are presented to the Commission for final agency decision. 5
(d) The Secretary shall notify any person assessed a civil penalty for the assessment and 6
the specifi c reasons therefor by registered or certified mail or by any means authorized by 7
G.S. 1A-1, Rule 4. Contested case petitions shall be filed pursuant to G.S. 150B-23 within 30 8
days of receipt of the notice of assessment. 9
(e) Requests for remission of civil penalties shall be filed with the Secretary. Remission 10
requests shall not be considered unless made within 30 days of receipt of the notice of assessment. 11
Remission requests must be accompanied by a waiver of the right to a contested case hearing 12
pursuant to Chapter 150B of the General Statutes and a stipulation of the facts on which the 13
assessment was based. Consistent with the limitations in G.S. 143B-282.1(c) and (d), remission 14
requests may be resolved by the Secretary and the violator. If the Secretary and the violator are 15
unable to resolve the request, the Secretary shall deliver the remission request and the 16
recommended action to the Committee on Civil Penalty Remissions of the Environmental 17
Management Commission appointed pursuant to G.S. 143B-282.1(c). 18
(f) If any civil penalty has not been paid within 30 days after notice of assessment has 19
been served on the violator, the Secretary shall request the Attorney General to institute a civil 20
action in the superior court of any county in which the violator resides or the violator's principal 21
place of business is located in order to recover the amount of the assessment, unless the violator 22
contests the assessment as provided in subsection (d) of this section or requests remission of the 23
assessment in whole or in part as provided in subsection (e) of this section. If any civil penalty 24
has not been paid within 30 days after the final agency decision or order has been served on the 25
violator, the Secretary shall request the Attorney General to institute a civil action in the superior 26
court of any county in which the violator resides or the violator 's principal place of business is 27
located to recover the amount of the assessment. A civil action must be filed within three years 28
of the date the final agency decision or court order was served on the violator." 29
30
PART II. REQUIREMENT S FOR POLLUTANT DISC HARGE DISCLOSURE; PF AS 31
AND 1,4-DIOXANE DISCHARGE LIMITATIONS 32
SECTION 2. G.S. 143-215.1 reads as rewritten: 33
"§ 143-215.1. Control of sources of water pollution; permits required. 34
… 35
(l) The Department shall require that every person applying for an individual National 36
Pollutant Discharge Elimination System (NPDES) permit fully disclose in their application for a 37
new permit, or for a permit renewal, each pollutant in the person 's discharge that is reasonably 38
expected to be at or above the practical quantitation limit (PQL) for the pollutant. The pollutant's 39
concentration to be discharged shall be disclosed, as well as the chemical abstracts service (CAS) 40
number for each pollutant if available. If the CAS number is unavailable, the pollutant shall 41
otherwise be described in sufficient detail so as to adequately inform the Department of the 42
pollutant's characteristics. 43
(m) Any person who is required to obtain an NPDES permit under this Article that 44
receives waste from an industrial user, as that term is defined under 15A NCAC 02H .0903, shall 45
require the industrial user to disclose in the industrial user's application for a new pretreatment 46
permit, or for a pretreatment permit renewal, each pollutant in the industrial user's discharge that 47
is at or above the practical quantitation limit (PQL) for the pollutant. 48
(n) Any person who is required to obtain an NPDES permit under this Article that 49
receives waste from an industrial user that includes PFAS or 1,4-dioxane shall eliminate these 50
substances prior to discharge into waters of the State, and if elimination of PFAS or 1,4-dioxane 51
General Assembly Of North Carolina Session 2025
House Bill 881-First Edition Page 3
by the NPDES permittee prior to discharge to waters of the State is economically or otherwise 1
impracticable, the NPDES permittee shall require the industrial user to eliminate these substances 2
from the user 's discharge. For purposes of this section, "PFAS" means per -fluoroalkyl and 3
poly-fluoroalkyl substances, a class of fluorinated organic chemicals containing at least one fully 4
fluorinated carbon atom." 5
6
PART III. CUSTOMER N OTIFICATION OF DRINK ING WATER SAMPLING 7
RESULTS 8
SECTION 3.(a) G.S. 130A-329 reads as rewritten: 9
"§ 130A-329. Reporting.Reporting and customer notification. 10
(a) Reports required to be submitted under this Article or under rules adopted by the 11
Commission shall be submitted electronically on a form specified by the Department. The 12
Department may waive the requirement for electronic submission of a report if the water system 13
demonstrates that it lacks the technical capability to report electronically. 14
(b) Public water systems subject to drinking water sampling requirements pursuant to the 15
Unregulated Contaminant Monitoring Rule, as adopted under section 1445 of the federal Safe 16
Drinking Water Act, as amended, 42 U.S.C. § 300j-4, shall provide public notice of the drinking 17
water sampling results within 30 days of receiving the sampling results. Public notice must 18
include providing written notice to each customer and posting sampling results on a publicly 19
accessible website." 20
SECTION 3.(b) No later than June 30, 2025, public water systems that have received 21
prior sampling results demonstrating the presence of PFAS in finished drinking water shall 22
provide public notice of the sampling results. Public notice must include providing written notice 23
to each customer and posting sampling results on a publicly accessible website. For purposes of 24
this subsection, "PFAS" means any fluorinated substances that contain at least one fully 25
fluorinated methyl or methylene carbon atom, including any precursors of such substances. 26
27
PART IV. DEPARTMENT OF ENVIRONMENTAL QUA LITY AND 28
ENVIRONMENTAL MANAGEMENT COMMISSION ACTION TO ADDRESS PFAS 29
SECTION 4. No later than June 1, 2026, the Department of Environmental Quality 30
shall begin identifying technology -based li mits for detectable PFAS in new and renewed 31
National Pollutant Discharge Elimination System (NPDES) permits. Such technology -based 32
limits shall consist of treatments sufficient to reduce detectable PFAS in effluent to non -detect 33
levels. For purposes of this section, the following definitions apply: 34
(1) "Detectable PFAS" means PFAS in an amount such that the presence, 35
individual concentrations, and total concentrations can be assessed by a 36
laboratory method certified by the United States Environmental Protec tion 37
Agency or approved by the Department. 38
(2) "Non-detect levels" means concentrations of PFAS below 10 ppt as measured 39
by a laboratory method certified by the United States Environmental 40
Protection Agency or approved by the Department. 41
SECTION 5.(a) The Department of Environmental Quality shall study the presence 42
of PFAS in land -applied biosolids, including identifying the most common PFAS that may be 43
present in biosolids, likely categories of sources for any PFAS detected, the propensity of PFAS 44
to migrate off-site from land application sites, and accumulation and persistence of PFAS in soil 45
and water that are downgradient from land application sites. The Department shall report the 46
findings of its study, including recommendations for legislative and Com mission action, to the 47
Environmental Management Commission and the Environmental Review Commission no later 48
than September 1, 2026. 49
SECTION 5.(b) If, as a result of the study performed pursuant to subsection (a) of 50
this section, the Department of Environmental Quality finds that PFAS are likely to migrate from 51
General Assembly Of North Carolina Session 2025
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land application sites and accumulate at detectable levels in soil and water that are downgradient 1
from such sites, the Environmental Management Commission shall adopt rules to prevent such 2
migration or accumulation of the pollutant off-site. 3
SECTION 6.(a) The Department of Environmental Quality shall study the presence 4
of PFAS in leachate collected and disposed of from municipal solid waste landfills and 5
construction and demolition debris landfills, including identifying the most common PFAS that 6
may be present in leachate, as well as the effectiveness of treatment technologies in wastewater 7
treatment plants at removing PFAS prior to discharge. The Department shall report the findings 8
of its study, i ncluding recommendations for legislative and Commission action, to the 9
Environmental Management Commission and the Environmental Review Commission no later 10
than September 1, 2026. 11
SECTION 6.(b) If, as a result of the study performed pursuant to subsection (a) of 12
this section, the Department of Environmental Quality finds that PFAS in landfill leachate cannot 13
be practicably removed from wastewater prior to discharge, the Environmental Management 14
Commission shall adopt rules to prohibit the disposal of leachate containing detectable PFAS at 15
wastewater treatment plants. 16
SECTION 6.(c) For purposes of this section, "detectable PFAS" means PFAS in an 17
amount such that the presence, individual concentrations, and total concentrations can be 18
assessed by a laboratory method certified by the United States Environmental Protection Agency 19
or approved by the Department. 20
SECTION 7. If, by January 1, 2026, the United States Environmental Protection 21
Agency (USEPA) has not certified a laboratory method for the identificatio n and measurement 22
of PFAS in wastewater, the Department of Environmental Quality shall approve a 23
USEPA-validated laboratory method for this purpose. 24
SECTION 8. The Department of Environmental Quality shall create an inventory of 25
all ongoing direct and indirect discharges of PFAS to the air and surface waters, as well as known 26
and likely instances of PFAS contamination in soil and groundwater. This inventory shall 27
include, at minimum, the location of the discharge, the amount of the ongoing discharge, and the 28
duration of the discharge, to the extent that the Department can determine those parameters. The 29
Department may coordinate with the North Carolina Per - and Poly -fluoroalkyl Substances 30
Testing (PFAST) Network, organized by the North Carolina Policy Colla boratory, or any other 31
entity the Department deems necessary to assemble the inventory of PFAS discharges and 32
contamination. The Department shall report its initial findings to the Environmental Review 33
Commission no later than September 1, 2026, and shall provide quarterly updates on new 34
discharges or contamination to the Environmental Review Commission thereafter. 35
SECTION 9. The Secretaries' Science Advisory Board of the Department of 36
Environmental Quality and the Department of Health and Human Services s hall conduct a risk 37
assessment, based on the best available scientific information, of the risks to human health 38
presented by exposures to PFAS present in North Carolina in various media, including air, water, 39
and soil, both as individual toxic substances and as a class of toxic substances. The Secretaries' 40
Science Advisory Board shall report the findings of its risk assessment to the Joint Legislative 41
Oversight Committee on Health and Human Services and the Environmental Review 42
Commission no later than September 1, 2026. 43
44
PART V. DIRECTIVES T O VARIOUS AGENCIES T O STUDY MATTERS 45
ASSOCIATED WITH PFAS CONTAMINATION 46
SECTION 10. The Department of Health and Human Services shall develop and 47
implement a program, in consultation with the Department of Environmental Quality, to (i) study 48
the estimated human exposure to per- and poly-fluoroalkyl substances (PFAS) in the Cape Fear 49
River Basin and (ii) conduct an epidemiological study of populations in the Cape Fear River 50
Basin to identify disparities in disease prevalence that are consistent with long-term exposures to 51
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House Bill 881-First Edition Page 5
PFAS. No later than December 31, 2026, the Department shall issue a final report on its findings 1
under these studies, including any recommendations for legislative action, to the Environmental 2
Review Commission. Until such time as the final report is issued, the Department shall submit 3
quarterly reports to the Environmental Review Commission, beginning no later than January 1, 4
2026, on activities conducted pursuant to this section. 5
SECTION 11. The Wildlife Resources Commission shall study the estimated 6
ecological exposures and impacts from PFAS contamination in the Cape F ear River Basin. No 7
later than December 31, 2026, the Commission shall issue a final report on its findings under the 8
study, including any recommendations for legislative action, to the Environmental Review 9
Commission. Until such time as the final report is issued, the Commission shall submit quarterly 10
reports to the Environmental Review Commission, beginning no later than January 1, 2026, on 11
activities conducted pursuant to this section. 12
SECTION 12. The Office of State Budget and Management (OSBM) shall s tudy 13
estimated costs incurred by the State, local governments, businesses, and individuals in response 14
to human and ecological exposure to PFAS. OSBM shall, in consultation with the Department of 15
Environmental Quality and the Attorney General, establish an estimate of costs attributable to 16
each source of PFAS identified in the State. No later than December 31, 2026, OSBM shall issue 17
a final report on its findings under the study, including any recommendations for legislative 18
action, to the Environmental Rev iew Commission. Until such time as the final report is issued, 19
OSBM shall submit quarterly reports to the Environmental Review Commission, beginning no 20
later than January 1, 2026, on activities conducted pursuant to this section. 21
SECTION 13. The North Carolina Policy Collaboratory shall study the ongoing and 22
anticipated future costs of the aggregate impact of the discharge, emission, and contamination of 23
PFAS in North Carolina, including the costs of sampling, testing, cleanup, and decontamination; 24
health care related to PFAS exposure; infrastructure improvements; and any other associated 25
costs. The Collaboratory shall determine anticipated future costs of PFAS discharge, emission, 26
and contamination by extrapolating from the best available scientific inform ation about PFAS 27
risks and impacts. The Collaboratory shall report its findings to the Joint Legislative Oversight 28
Committee on Government Operations, the Joint Legislative Oversight Committee on Health and 29
Human Services, and the Joint Legislative Oversight Committee on Agriculture and Natural and 30
Economic Resources no later than September 1, 2026. 31
SECTION 14. The Environmental Review Commission shall study all statutory and 32
regulatory requirements for disclosing the discharge or release of PFAS or other emerging 33
contaminants to the Department of Environmental Quality and the public, including downstream 34
water users. The Environmental Review Commission shall report its findings and 35
recommendations, including any legislative proposals, to the 2026 Regular S ession of the 2025 36
General Assembly upon its convening. 37
SECTION 15. The Environmental Review Commission shall study actions taken by 38
other states to promote and expand the practice of green chemistry to reduce the generation and 39
use of hazardous chemicals and to drive sustainable alternatives to the manufacture and use of 40
PFAS and other emerging contaminants. In conducting its study, the Environmental Review 41
Commission shall examine tax incentives, reporting requirements, regulatory changes, and any 42
other relevant approaches that other states have adopted to promote and expand the practice of 43
green chemistry. The Environmental Review Commission shall report its findings and 44
recommendations, including any legislative proposals, to the 2026 Regular Session of the 2025 45
General Assembly upon its convening. 46
47
PART VI. FUNDING FOR STUDIES CONDUCTED BY STATE AGENCIES 48
SECTION 16.(a) The sum of two hundred thousand dollars ($200,000) in 49
nonrecurring funds for the 2025 -2026 fiscal year is appropriated from the General Fund to the 50
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Department of Environmental Quality to carry out the studies required by Sections 8 and 9 of 1
this act. 2
SECTION 16.(b) The sum of one hundred thousand dollars ($100,000) in 3
nonrecurring funds for the 2025 -2026 fiscal year is appropriated from the General Fund to the 4
Department of Health and Human Services to carry out the studies required by Section 10 of this 5
act. 6
SECTION 16.(c) The sum of one hundred thousand dollars ($100,000) in 7
nonrecurring funds for the 2025 -2026 fiscal year is appropria ted from the General Fund to the 8
Wildlife Resources Commission to carry out the study required by Section 11 of this act. 9
SECTION 16.(d) The sum of one hundred thousand dollars ($100,000) in 10
nonrecurring funds for the 2025 -2026 fiscal year is appropriated from the General Fund to the 11
Office of State Budget and Management to carry out the study required by Section 12 of this act. 12
SECTION 16.(e) The sum of one hundred thousand dollars ($100,000) in 13
nonrecurring funds for the 2025 -2026 fiscal year is appropriated from the General Fund to the 14
North Carolina Policy Collaboratory to carry out the study required by Section 13 of this act. 15
SECTION 16.(f) This section becomes effective July 1, 2025. 16
17
PART VII. ADDITIONAL FUNDING FOR PFAS MATTERS 18
SECTION 17.(a) There is appropriated from the General Fund to the Department of 19
Environmental Quality the sum of five million dollars ($5,000,000) in nonrecurring funds for the 20
2025-2026 fiscal year for the Bernard Allen Drinking Water Fund to fund drinking water 21
treatment systems for individuals, businesses, and community water systems with covered wells. 22
For purposes of this section, a "covered well" is a drinking water well contaminated with PFOA 23
above 12 ppt, PFOS above 13 ppt, PFNA above 11 ppt, PFHxS above 18 p pt, or above 20 ppt 24
for the sum of all detectable PFAS. 25
SECTION 17.(b) There is appropriated from the General Fund to the Department of 26
Environmental Quality the sum of five million dollars ($5,000,000) in recurring funds to expand 27
the Department's ambien t water quality monitoring activities to identify emerging and other 28
pollutants in waters of the State at locations upstream from surface drinking water intakes. 29
SECTION 17.(c) There is appropriated from the General Fund to the Department of 30
Environmental Quality the sum of one million dollars ($1,000,000) in nonrecurring funds for the 31
2025-2026 fiscal year to develop a strategy to address persistent toxic chemicals in the State's 32
environment. In developing a persistent toxics strategy, the Department shal l first develop a 33
planned strategy for the reduction of PFAS in the environment to be known as the "PFAS 34
Chemical Action Plan," which shall serve as a model for development of future chemical action 35
plans for other pollutants. The PFAS Chemical Action Plan shall include, at a minimum, (i) 36
identification of all currently detectable PFAS uses within the State and (ii) identification of 37
options and actions to reduce or eliminate detectable PFAS within the State, including analysis 38
of State and federal laws and policies for that purpose. The Department shall consult with 39
stakeholders in the development of the Plan and shall provide opportunities for public comment. 40
The final PFAS Chemical Action Plan, developed after considering public comments received 41
and the input of stakeholders, shall identify recommendations for legislative action and for 42
Department action, including the adoption of rules. The Department shall finalize the PFAS 43
Chemical Action Plan no later than January 1, 2027, and shall initiate implementation of the Plan 44
no later than April 1, 2027. 45
SECTION 17.(d) There is appropriated from the General Fund to the Department of 46
Environmental Quality the sum of one million dollars ($1,000,000) in nonrecurring funds for the 47
2025-2026 fiscal year to study P FAS destruction and disposal techniques to identify a safe, 48
effective, and scalable technology. For purposes of this section, a "safe technology" means one 49
that does not result in further contamination via air deposition or soil or water contamination. 50
The study shall include an analysis of the effectiveness and safety of current technologies, 51
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including those presently at bench and pilot scales. In the conduct of this study, the Department 1
may coordinate with, and review research conducted by, other entitie s such as the Strategic 2
Environmental Research and Development Program. The Department shall report its findings, 3
including any recommendations for legislative action necessary to protect public health and the 4
environment, to the Environmental Management C ommission and the Environmental Review 5
Commission no later than September 1, 2026. 6
SECTION 17.(e) There is appropriated from the General Fund to the State Water 7
Infrastructure Authority the sum of eighty million dollars ($80,000,000) in nonrecurring funds 8
for the 2025 -2026 fiscal year to issue matching grants to water systems to build or improve 9
drinking water treatment systems to substantially reduce public exposure to detectable PFAS. 10
SECTION 17.(f) The Attorney General shall develop and maintain a reco rd of 11
cumulative expenses borne by State agencies and local governments under subsections (a), (d), 12
and (e) of this section. The Attorney General shall report to the General Assembly no later than 13
March 1, 2026, on the cumulative expenses recorded and the State's options to recover damages 14
and costs incurred to protect North Carolinians from PFAS contamination from entities 15
responsible for the introduction of PFAS into the air, water, groundwater, and soil of the State. 16
SECTION 17.(g) For purposes of this section, "detectable PFAS" means PFAS in 17
an amount such that the presence, individual concentrations, and total concentrations can be 18
assessed by a laboratory method certified by the United States Environmental Protection Agency 19
or approved by the Department. 20
SECTION 17.(h) This section becomes effective July 1, 2025. 21
22
PART VIII. SEVERABILITY CLAUSE AND EFFECTIVE DATE 23
SECTION 18. If any section or provision of this act is declared unconstitutional or 24
invalid by the courts, it does not affect the validity of this act as a whole or any part other than 25
the part so declared to be unconstitutional or invalid. 26
SECTION 19. Except as otherwise provided, this act is effective when it becomes 27
law. 28