Lawmakers mull bills on PFAs payments, medical marijuana

By Cassie Gavin
Senior Director for Public Policy

The N.C. legislature is in full swing this week and significant environmental bills are being considered. The budget is being negotiated, but that’s happening behind closed doors rather than in committees that are open to the public, so there’s a lack of transparency as to what is being considered. Governor Cooper proposed strong environmental funding in his budget; expect to see some but not all of these priorities funded.

The Senate this week considered bills on two issues that have been highly controversial for years. A bill to expand Medicaid coverage and a bill to legalize medical marijuana were passed by the Senate; both go to the House next for consideration. N.C. Sierra Club supports Medicaid expansion; it is more important than ever that every North Carolinian has access to care, and expanding Medicaid is an essential step towards that goal.

Legislation to hold polluters responsible for PFAS (per- and polyfluoroalkyl substances) or so-called “forever chemical” pollution has been a priority for environmental advocates over the past five years. This session there’s a new bipartisan PFAS bill that deserves support.

Opportunity to Take Action:

Please reach out to your House Representative and ask them to support H 1095, "PFAS Pollution and Polluter Liability" - a bill to hold polluters liable for PFAS pollution by making them pay for local water treatment upgrades that may be needed to filter out PFAS pollution.

Reps. Ted Davis (R - New Hanover), Frank Iler (R - Brunswick), Charlie Miller (R - Brunswick, New Hanover), and Robert Reives (D - Chatham, Durham) are the primary sponsors of H 1095 so please also thank them and the co-sponsors who support the measure.

More on PFAS bill

PFAS pollution is a problem in areas across the state and especially in the Cape Fear region. In 2017, an N.C. State professor tested the water in the Cape Fear River, a drinking water source, and found significant PFAS contamination from GenX, which is produced by Chemours. Since then, local communities have demanded legislative action to stop the pollution and to prevent something like this from happening again. In addition, local water utilities struggled to identify filtering technology and to figure out how to pay for the expensive options. The Cape Fear Public Utility Authority and the Brunswick County Public Utility plan to increase rates to pay for the technology needed to remove PFAS, meaning that water customers will be on the hook for these costs unless they get help from the legislature or courts. If H 1095 passes, polluters like Chemours will be liable for the costs that utilities bear to upgrade filtering technology from PFAS contamination that occurs after 2017.

This week a House Judiciary committee met to discuss the bill. Chemours' lobbyist showed up to oppose the measure along with the N.C. Chamber of Commerce and the N.C. Manufacturers Association. Strong voices in support of the effort, including the local water utilities, the N.C. League of Municipalities, and a citizen who drinks water from the Cape Fear River, spoke in favor of the bill. The sponsor, Rep. Davis, along with Reps. Abe Jones (D - Wake) and Pricey Harrison (D - Guilford) also spoke in support of H 1095. Check out this NC Policy Watch article for more details.

More Helpful Environmental Bills to Watch

  • Oysters: Rep. Bobby Hanig (R-Currituck), filed H 1151, “Investments in Coastal Priorities,” to provide funding for living shorelines, oyster sanctuaries, marine debris cleanup, and for promoting the N.C. Oyster Trail.
  • Solar: Democratic Reps. Amber Baker (D - Forsyth), Harrison (D - Guilford), Von Haefen (D - Wake) and Autry (D - Mecklenburg) filed H 1123, “Re-enact Solar Energy Tax Credit,” which would resurrect a state tax-credit program for renewable energy projects that was phased out in 2015. The bill would bring back a 35% tax credit on investments in new solar.
  • Clean energy jobs: Reps. Roberson (D - Wake), Szoka (R - Cumberland) and Saine (R - Lincoln) filed H 1154, “CC Critical Tech Workforce Fund,” to provide $1.5 million to the N.C. Community College system to support workforce programs to train students for jobs in clean energy and critical technology areas.

Many bills that aim to allocate funding may not move as stand-alone bills but may end up in the budget bill later this month. We’ll keep you updated with opportunities to take action.