North Carolina HB 881: Per-fluoroalkyl and Poly-fluoroalkyl Substances Free NC.

Bill Text

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 MANUFACTURE, USE, AND DISTRIBUTION OF PFAS AND 2
PFAS-CONTAINING PRODUCTS WITHIN THE STATE, TO IMPLEMENT 3
MEASURES TO PREVENT AND ADDRESS CONTAMINATION FROM THE 4
DISCHARGE OF PFAS AND 1,4-DIOXANE IN THE STATE, AND TO DIRECT 5
VARIOUS AGENCIES TO STUDY MATTERS ASSOCIATED 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 the 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 who 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 specific 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
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