2026 Water Safety Act.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 1043

Short Title: 2026 Water Safety Act. (Public)
Sponsors: Senators Lee and Britt (Primary Sponsors).
Referred to: Rules and Operations of the Senate
May 4, 2026
*S1043-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO PROVIDE FU NDS FOR EMERGING CON TAMINANT MITIGATION AND 2
RESEARCH. 3
The General Assembly of North Carolina enacts: 4
5
EMERGING CONTAMINANT MITIGATION GRANTS 6
SECTION 1.(a) Mitigation Grants. – Article 9 of Chapter 130A of the General 7
Statutes is amended by adding a new Part to read: 8
"Part 9. Emerging Contaminant Mitigation. 9
"§ 130A-310.80. Definitions. 10
In addition to the definitions in G.S. 130A-2 and G.S. 130A-290, the following definitions 11
apply in this Part: 12
(1) Distressed unit. – As defined in G.S. 159G-20. 13
(2) Emerging contaminant. – PFAS and 1,4-Dioxane. 14
(3) Fund – The Emerging Contaminant Mitigation Fund established in 15
G.S. 130A-310.84. 16
(4) PFAS. – Per- and polyfluoroalkyl substances, including perfluorooctanoic 17
acid (PFOA), perfluorooctanesulfonate (PFOS), hexafluoropropylene oxide 18
dimer acid (HFPO-DA, also known as GenX) , perfluorohexanesulfonic acid 19
(PFHxS), perfluorononanoic acid (PFNA), and perfluorobutanesulfonic acid 20
(PFBS). 21
(5) Significant Industrial User. – Defined in 40 CFR 403.3. 22
(6) SWIA. – The State Water Infrastructure Authority established in Article 5 of 23
Chapter 159G of the General Statutes. 24
"§ 130A-310.82. Purpose. 25
The purpose of this Part is to provide funding to support the mitigation of the impacts of 26
emerging contaminants on local public water and wastewater systems. 27
"§ 130A-310.84. Emerging Contaminant Mitigation Fund. 28
(a) Fund Established. – The Emerging Contaminant Mitigation Fund is established within 29
the Department. The purpose of the Fund is to support statewide efforts to detect, reduce, 30
mitigate, and prevent exposure to emerging contaminants and to support scientific research and 31
technology developme nt related to the removal, treatment, monitoring, and precursor 32
identification for emerging contaminants . The fund consists of any funds appropriated to it by 33
the General Assembly and grants from federal agencies or other non-State entities. 34
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 1043-First Edition
(b) Uses of Fund. – The Fund may only be used by SWIA to provide grants to units of 1
local government operating public water or wastewater treatment systems for any of the 2
following: 3
(1) Emerging contaminant sampling and monitoring in drinking water, 4
wastewater, surface water, and groundwater. 5
(2) Installation or upgrade of water treatment technologies for emerging 6
contaminant removal. 7
(3) Emergency response and remediation of emerging contaminant contamination 8
in soil, surface water, and groundwater. 9
(4) Provision of technical assistance to significant industrial users for the purpose 10
of eliminating discharges of PFAS and 1,4 -dioxane to publicly owned 11
treatment works. 12
(c) Funding Criteria and Oversight. – SWIA shall establish criteria and application 13
procedures for local emerging contaminant response grants, and shall prioritize grants to public 14
water systems and public wastewater systems (i) for which emerging contaminants have caused 15
the greatest impacts on public health and the environment and (ii) that are or meet the criteria to 16
be categorized as a distressed unit. 17
(d) Report. – SWIA shall report annually as a part of the report required by G.S. 159G-72 18
regarding projects funded under this section. The report shall include the project type (sampling 19
and monitoring, treatment technologies, or emergency response ), the project recipient, a brief 20
description of project and the amount of funding provided." 21
SECTION 1.(b) Conforming Change. – G.S. 159G-71 reads as rewritten: 22
"§ 159G-71. State Water Infrastructure Authority; powers and duties. 23
The Authority has the following additional duties: 24
… 25
(13) To award grants to mitigate the impacts of environmental contamination due 26
to PFAS and 1,4-dioxane on local public water and wastewater systems." 27
SECTION 2. Funding. – The sum of fifty -six million dollars ($56,000,000) in 28
recurring funds for the 2026 -2027 fiscal year is appropriated from the General Fund to the 29
Department of Environmental Quality for the PFAS M itigation Fund established in Part 9 of 30
Article 9 of Chapter 130A of the General Statutes, as enacted by Section 1 of this act. 31
32
RESEARCH GRANTS 33
SECTION 3.(a) PFAS Research Funding. – The sum of fourteen million dollars 34
($14,000,000) in recurring funds for the 2026-2027 fiscal year is appropriated from the General 35
Fund to the North Carolina Collaboratory at the University of North Carolina (Collaboratory). 36
These funds will be used to support scientific research on emerging contaminants, as defined in 37
G.S. 130A-310.80, conducted by or in collaboration with public or nonprofit academic 38
institutions, including any of the following: 39
(1) Detection methods for known and emerging PFAS and 1,4-dioxane. 40
(2) Fate and transport of PFAS and 1,4-dioxane in environmental media. 41
(3) Innovative remediation, filtration, and destruction technologies for PFAS and 42
1,4-dioxane. 43
(4) Public health and toxicological impact assessments of PFAS and 1,4-dioxane. 44
(5) Evaluation of the health impacts of PFAS mixtures and 1,4 -dioxane found in 45
the State's drinking water to more closely model real -world public health 46
scenarios. 47
(6) Replacement compounds for PFAS and 1,4-dioxane. 48
SECTION 3.(b) Directive. – The Collaboratory shall consult with affected 49
stakeholders, scientific experts, and State and local officials to ensure funding is targeted to 50
research in areas of highest environmental and public health impact. 51
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Senate Bill 1043-First Edition Page 3
SECTION 3.(c) Restrictions. – The restrictions of G.S. 116-255(c) apply to funds 1
appropriated by this section. 2
SECTION 3.(d) Report. – The Collaboratory shall include in the report required by 3
G.S. 116-256 documentation of its use of the funds allocated by this section and updates 4
regarding the research funded by this section. 5
6
FUNDING FOR FIREFIGHTER PROTECTION 7
SECTION 4.(a) Firefighter Protection Funding. – The sum of twenty -five million 8
dollars ($25,000,000) in nonrecurring funds for the 2026 -2027 fiscal year is appropriated to the 9
Board of Governors of The University of North Carolina to be allocated to the North Carolina 10
Collaboratory (Collaboratory) at the University of North Carolina at Chapel Hill. The 11
Collaboratory shall use these funds for any of the following research, development, and remedial 12
activities related to per- and polyfluoroalkyl substances (PFAS): 13
(1) Groundwater studies of areas at or adjacent to fire stations with elevated levels 14
of PFAS including the purchase and deployment of analytical instrumentation 15
or mobile platforms utilizing analytical equipment to analyze and assess PFAS 16
levels in the environment. 17
(2) The provision of temporary water supplies to fire stations currently or 18
formerly on water wells with elevated levels of PFAS including, but not 19
limited to, mobile tankers of food-grade water. 20
(3) The provision of longer-term filtration systems for water wells at fire stations 21
with elevated levels of PFAS including reverse osmosis, granular activated 22
carbon, anion exchange resins, or other novel sorbent media developed by the 23
University of North Carolina at Chapel Hill. 24
(4) Short- or long -term voluntary human exposure studies to assess levels of 25
PFAS in the bodies of firefighters and their families. 26
(5) Sampling and assessment of drinking water wells at residences of firefighters 27
and at locations formerly used as fire stations and other wells of concern to 28
better understand local and regional impact of PFAS in groundwater. 29
(6) Supplemental support of the Bernard Allen Emergency Drinking Water Fund 30
in areas surrounding fire stations with elevated levels of PFAS in their water 31
wells. 32
(7) Funding of a partnership with the Office of the State Fire Marshall and North 33
Carolina State University to develop and develop and and implement a pilot 34
program for deep cleaning of firefighter protective gear to mitigate PFAS 35
exposure; and 36
(8) Any other projects of opportunity deemed relevant by the Collaboratory 37
related to PFAS, firefighters, and the communities they serve. 38
SECTION 4.(b) Report. – As a part of the report required by G.S. 116-256, the 39
Collaboratory shall summarize activities funded by this section, including a listing of the projects 40
of opportunity deemed relevant under section 4.(a)(9) of this act. 41
42
ESTABLISH PFAS STANDARDS FOR DRINKING WATER 43
SECTION 5. Article 10 of Chapter 130A of the General Statutes is amended by 44
adding a new section to read: 45
"§ 130A-315.1. Maximum contaminant levels for certain contaminants established. 46
(a) Maximum contaminant levels are established for all of the following contaminants: 47
(1) Perfluorooctanoic acid (PFOA) at 4.0 parts per trillion (ppt). 48
(2) Perfluorooctanesulfonic acid (PFOS) at 4.0 ppt. 49
(3) Perfluorononanoic acid (PFNA) at 10 ppt. 50
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(4) Hexafluoropropylene oxide dimer acid (HFPO -DA, also known as GenX) at 1
at 10 ppt. 2
(5) Perfluorohexanesulfonic acid (PFHxS) at 10 ppt. 3
(6) Mixtures containing two or more of PFHxS, PFNA, HFPO-DA, and PFBS at 4
1 (unitless). 5
(b) The Commission shall adopt rules to establish a compliance schedule with respect to 6
the maximum contaminants levels set forth in subsection (a) of this section for all public water 7
systems, including community water systems and transient and non -transient non-community 8
water systems that is substantially identical to the compliance schedule set forth in 40 C.F.R. Part 9
141, Subpart Z." 10
11
ESTABLISH PFAS STANDARDS FOR DIRECT INDUSTRIAL DISCHARGER S AND 12
SIGNIFICANT INDUSTRIAL USERS 13
SECTION 6.(a) No later than October 1, 2026, the Department of Environmental 14
Quality, in consultation with the North Carolina Collaboratory, shall develop: 15
(1) Science-based PFAS concentration limits for commonly detecte d PFAS, 16
which shall be used to establish monitoring, permitting, and pollution 17
reduction requirements for direct dischargers to surface waters and significant 18
industrial users ("regulated entities") as provided in subsection (c) of this 19
section. Concentrations limits for significant industrial users shall be made 20
applicable through a pretreatment permit to be issued by the applicable 21
publicly owned treatment works (POTW). 22
(2) Source reduction and treatment requirements to be imposed, including 23
requiring regulated entities to do one or more of the following, as applicable: 24
a. Conduct a PFAS source identification and minimization plan, 25
approved by the Department, to reduce PFAS inputs into their 26
wastewater streams. 27
b. Install and operate pretreatment technology to remove or reduce PFAS 28
to below concentration limits before discharge. 29
c. Submit to enhanced monitoring and reporting as required by the 30
Department. 31
d. Cease discharge of identified PFAS compounds where the Department 32
determines that feasible alternatives exist. 33
(3) A compliance schedule of up to 36 months to begin no later than January 1, 34
2027, for regulated entities to achieve the requirements developed pursuant to 35
subdivisions (1) and (2) of this Section. During this time, the Department shall 36
coordinate with the North Carolina Collaboratory to do all of the following: 37
a. Provide technical assistance for PFAS treatment technologies. 38
b. Assess cost-effective alternatives. 39
c. Develop sector-based PFAS guidance for best available technology 40
(BAT). 41
SECTION 6.(b) All National Pollutant Discharge Elimination System (NPDES) 42
permits and pretreatment permits, as applicable, for regulated entities subject to this section shall 43
include enforceable limits or conditions for PFAS discharges based on the co ncentration limits 44
established pursuant to subsection (a) of this section and available treatment options, as 45
determined by the Department. The Department may, however, exempt regulated entities from 46
the requirements of this subsection, and requirements es tablished under subdivision (2) of 47
subsection (a) of this section, if the regulated entity demonstrates, through sampling and analysis 48
verified by the Department, that PFAS discharge concentrations are below background levels or 49
that the discharges do not contribute to PFAS exceedances downstream. 50
SECTION 6.(c) This section applies only to the following regulated entities: 51
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Senate Bill 1043-First Edition Page 5
(1) Significant industrial users, as that term is defined under 15A NCAC 02H 1
.0903, that: 2
a. Discharge wastewater containing PFAS compounds to a POTW; and 3
b. Have exceedances of PFAS concentration limits established pursuant 4
to subsection (a) of this section. 5
(2) Direct industrial dischargers that: 6
a. Discharge wastewater containing PFAS compounds to surface waters 7
of the State under an NPDES permit; and 8
b. Have exceedances of PFAS concentration limits established pursuant 9
to subsection (a) of this section. 10
SECTION 6.(d) The Environmental Management Commission shall adopt 11
temporary and permanent rules to implement the provisions of this section. Permanent rules 12
adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the 13
General Statutes. The Department may issue interim guidance pending rule adoption. 14
15
MORATORIUM ON NEW OR INCREASED INTERBASIN TRANSFERS FROM THE 16
UPPER REACHES OF THE CAPE FEAR RIVER BASIN 17
SECTION 7.(a) Definitions. – The definitions set forth in G.S. 143-215.22G apply 18
to this section. 19
SECTION 7.(b) Moratorium on New or Increased Interbasin Transfers. – There is 20
hereby established a moratorium on the initiation of new surface water transfers or increases in 21
existing surface water transfers from any source in the Cape Fear River Basin located upstrea m 22
of Cape Fear Lock and Dam #2 in Bladen County. The Environmental Management Commission 23
shall not issue a certificate authorizing a new surface water transfer or an increase in an existing 24
surface water transfer from any source in the Cape Fear River Basi n located upstream of Cape 25
Fear Lock and Dam #2. 26
SECTION 7.(c) Exceptions. – The moratorium established by subsection (b) of this 27
section shall not prohibit the following surface water transfers from the Cape Fear River Basin: 28
(1) Any existing transfers authorized by the Environmental Management 29
Commission or else lawfully initiated prior to the effective date of this act. No 30
person who maintains an existing transfer under this subdivision shall increase 31
the amount of surface water transferred to another river basin. 32
(2) Any emergency transfer of surface water authorized by the Secretary of 33
Environmental Quality under G.S. 143-215.22L(q) or G.S. 143-355.3. 34
SECTION 7.(d) Moratorium Duration. – This section is effective when it becomes 35
law and expires June 1, 2030. 36
37
CAPE FEAR RIVER BASIN STUDY 38
SECTION 8.(a) Study. – The North Carolina Collaboratory at the University of 39
North Carolina at Chapel Hill (Collaboratory) shall study the Cape Fear River Basin to determine 40
its reliable yield of water supply and m ake recommendations for any legislative changes 41
necessary to ensure the sustainability of existing and future in -basin water uses. The 42
Collaboratory shall include all of the following in its study: 43
(1) A catalog of the existing water uses and users of the Cape Fear River Basin. 44
(2) An assessment of the reliable yield of water supply of the Cape Fear River 45
Basin, including an assessment for each of its subbasins and major tributaries. 46
This assessment shall include a scientific evaluation of the quantity of w ater 47
that can be dependably withdrawn or transferred under current and projected 48
future hydrologic conditions without causing unacceptable environmental or 49
economic impacts to in-basin uses. 50
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(3) An analysis of the adequacy of the environmental impact study requirements 1
for interbasin transfers from sources in the Cape Fear River Basin located 2
upstream of Cape Fear Lock and Dam #2. 3
(4) An assessment of the economic equity of interbasin transfers f or affected 4
communities within the Cape Fear River Basin. 5
(5) An examination of any anticipated water quality and ecological impacts from 6
approved and proposed interbasin transfers from the Cape Fear River Basin. 7
SECTION 8.(b) Consultation. – In collecti ng and analyzing data relevant to 8
determining reliable yield of water supply from the Cape Fear River Basin, the Collaboratory 9
shall consult with the United States Army Corps of Engineers, the Department of Environmental 10
Quality, the Environmental Management Commission, the State Water Infrastructure Authority, 11
the North Carolina League of Municipalities, and other relevant public and private entities 12
responsible for impoundments and water supply infrastructure in the Cape Fear River Basin. 13
SECTION 8.(c) Report. – The Collaboratory shall report its findings, together with 14
any proposed legislation, to the General Assembly no later than July 1, 2029. 15
SECTION 8.(d) Appropriation. – There is appropriated from the General Fund to 16
the Board of Governors of The University of North Carolina the sum of one million five hundred 17
thousand dollars ($1,500,000) in nonrecurring funds for the 2026-2027 fiscal year to be allocated 18
to the North Carolina Collaboratory to fund the study of the Cape Fear River Basin described in 19
subsection (a) of this section. These funds shall not revert to the General Fund at the end of the 20
2026-2027 fiscal year but shall remain available until the end of the 2028-2029 fiscal year. 21
22
STUDY OF PFAS IN INFLUENT AND EFFLUENT OF PUBLICLY OWNED O R 23
OPERATED WASTEWATER TREATMENT WORKS 24
SECTION 9.(a) The General Assembly finds that contamination of biosolids by 25
Per- and Polyfluoroalkyl Substances (PFAS) produced by wastewater facilities, as well as the 26
origin of the PFAS themselves, present significa nt environmental, economic, and public health 27
concerns. To address PFAS influent and effluent related to publicly owned or operated 28
wastewater treatment works facilities in the State, the North Carolina Collaboratory at the 29
University of North Carolina at Chapel Hill (Collaboratory) will carry out a collaborative 30
research effort in partnership with utilities and State regulators for the purposes of providing 31
utilities, State regulators, and other relevant entities with the knowledge, data, and strategies they 32
need for utility management and decision -making. As part of this collaborative research effort, 33
the Collaboratory shall study all of the following: 34
(1) The impact of land application of biosolids generated at a publicly owned or 35
operated wastewater treatment works facilities across the State including the 36
amount of biosolids generated; types and concentrations of Per - and 37
Polyfluoroalkyl Substances (PFAS) found in the biosolids; the locations of the 38
final disposition of biosolids generated at, and remov ed by, the wastewater 39
facilities; the amount of PFAS contributed by the biosolids to surface and 40
groundwater sources; current and alternative biosolids management options; 41
the development of new management practices and technologies to minimize 42
or remove P FAS; and any other variables related to biosolids management 43
deemed relevant by the Collaboratory and its research partners. 44
(2) The concentrations and types of PFAS influent and effluent at wastewater 45
treatment works facilities across the State including identification of sources 46
contributing to PFAS in facility influents; the fate and transport of PFAS 47
effluent from the facilities; best management practices for identifying, 48
managing, reducing, mitigating, and removing both PFAS from the influent 49
and efflu ent at these wastewater facilities; development or deployment of 50
PFAS reduction, mitigation, or destruction technologies to mitigate influent 51
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or effluent; and any other variables related to PFAS deemed relevant by the 1
Collaboratory and its research partners. 2
(3) The feasibility of developing PFAS reduction strategies for industrial 3
discharges into either surface or groundwater in the State that may include 4
analytical methods, targeted compounds, concentration thresholds, best 5
available control technologies, development of new detection and reduction 6
technologies, benefit-cost calculations, a proposed regulatory framework, and 7
any other components deemed relevant by the Collaboratory and its research 8
partners necessary to achieve PFAS reduction goals and standards. 9
SECTION 9.(b) Publicly owned or operated wastewater treatment works and the 10
Department of Environmental Quality shall partner with the Collaboratory to carry out the study 11
authorized by this section to the extent permitted under public records laws, the requirements for 12
protection of confidential information under G.S. 143-215.3C, or the terms of any delegation of 13
enforcement authority under federal or State law or memoranda of agreement or understanding 14
setting forth the delegation. 15
SECTION 9.(c) The Collaboratory is authorized to use any prior or future funds 16
appropriated by the General Assembly for PFAS-specific research, or other discretionary funds, 17
to carry out this study and shall present the final results of this study to the Department of 18
Environmental Quality, the Environmental Review Commission and the Environmental 19
Management Commission no later than January 31, 2029. 20
21
BERNARD ALLEN FUNDS 22
SECTION 10. There is appropriated from the General Fund to the Department of 23
Environmental Quality the sum of ten million dollars ($10,000,000) in nonrecurring funds and 24
two hundred thousand dollars ($200,000) in recurring funds for the 2026-2027 fiscal year for the 25
Bernard Allen Drinking Water Fund established by G.S. 87-98 for purposes consistent with that 26
section. 27
28
ADDITIONAL DEQ FUNDING 29
SECTION 11. There is appropriated from the General Fund to the Department of 30
Environmental Quality the sum of two million six hundred thirteen thousand nine hundred 31
twenty-five dollars ($2,613,925) in nonrecurring funds and one million six hundred fifty -nine 32
thousand three hundred ninety -three dollars ($1,659,393) in recurring funds for the 2026 -2027 33
fiscal year. The Department shall use these funds for lab operations and field work, including 34
the development of new sampling and testing protocols, to identify, reduce and remediate PFAS 35
contamination. 36
37
SEVERABILITY AND EFFECTIVE DATE 38
SECTION 12. If any provision of this act or the application thereof to any person or 39
circumstances is held invalid, such invalidity shall not affect other provisions or applications of 40
this act that can be given effect without the invalid provision or application, and, to this end, the 41
provisions of this act are declared to be severable. 42
SECTION 13. Except as otherwise provided, this act is effective July 1, 2026. 43