House says let's fund GenX action - Senate says "See ya!"

By Cassie Gavin
Director of Government Relations

The state House on Wednesday unanimously passed a bill that offers direction and critically needed funds to state agencies to take steps to address chemical contamination of drinking water in Wilmington and statewide. But the Senate adjourned for the day without taking up the measure.

House Bill 189, "Short Term Response to Emerging Contaminants,” would break an impasse between the legislature and the Cooper administration, which requested $2.5 million in emergency funding to deal with drinking water contamination that has galvanized public concern in Wilmington.

Opportunity for Action

Thanking legislators who take action to protect the environment is key to ensuring their future support. Please take a moment to thank your House member for voting for H 189; the vote was 116-0. Representatives Ted Davis (R - New Hanover), Holly Grange (R - New Hanover), Frank Iler (R - Brunswick) and Chuck McGrady (R - Henderson) were the leads the bill. No House members voted against the measure but a few had excused absences (Fisher, J. Bell, Blackwell, and Saine).

Also, please contact your senator and ask them to take a step towards addressing chemical contamination in our drinking water by passing H 189. The legislature is expected to reconvene later this month. Senate President Phil Berger (R - Guilford, Rockingham) issued a statement after the House vote saying that he does not support the bill but with enough pressure from the public the Senate might be persuaded to act. 

More on the House bill to address emerging contaminants like GenX

H 189 would reallocate more than $1.32 million that the legislature previously directed the Department of Environmental Quality (DEQ) to spend on studying the use of chemical algaecides to address nutrient pollution in Jordan and Falls lakes. The Army Corps of Engineers recently rejected a plan for testing the algaecides in Jordan Lake. The Sierra Club has long opposed the proposal as too risky for the environment and public health. 

In addition, the House included in the bill an appropriation of $1 million for technology requested by DEQ to help detect chemicals in water.

H 189 would:

  • Require DEQ to study the state’s National Pollution Discharge Elimination System (NPDES) permitting program to ensure it sufficiently protects public health and the environment. 
  • Require DEQ to share water quality information with neighboring states and study reporting for spills. 
  • Require the Department of Health and Human Services to consult with the Secretaries’ Science Advisory Board in developing health goals for contaminants.  
  • Direct the UNC School of Government to study the civil liability of water utilities that distribute contaminated drinking water. 

The Legislature previously directed $435,000 to the Cape Fear Public Utility Authority and UNC-Wilmington to study contamination of the lower Cape Fear River with GenX, an unregulated chemical discharged by Chemours, and find a way to treat local drinking water. But state lawmakers had, until now, ignored Governor Cooper’s request for funding for state agencies to investigate contamination by GenX and other unregulated chemicals.

DEQ has been challenged to keep up with water quality inspections and permitting due to years of legislative budget cuts. 

During the debate on H 189 Democrats proposed a number of positive amendments that unfortunately did not make it into the bill. Please thank Reps. Deb Butler (D - New Hanover), Verla Insko (D - Orange) and Billy Richardson (D - Cumberland) for putting forth good ideas to protect the environment!