A BILL TO BE ENTITLED
AN ACT to STUDY adverse impacts on drinking water of residents in DIVIDED NEIGHBORHOODS surrounding coal combustion residuals surface impoundments.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 130A‑309.211 reads as rewritten:
"§ 130A‑309.211.  Groundwater assessment and corrective action; drinking water supply well survey and provision of alternate water supply; reporting.
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(c1)	Provision of Permanent Water Supply. – As soon as practicable, but no later than October 15, 2018, the owner of a coal combustion residuals surface impoundment shall establish permanent replacement water supplies for (i) each household that has a drinking water supply well located within a one‑half mile radius from the established compliance boundary of a coal combustion residuals impoundment, and is not separated from the impoundment by the mainstem of a river, as that term is defined under G.S. 143‑215.22G, or other body of water that would prevent the migration of contaminants through groundwater from the impoundment to a well and (ii) each household that has a drinking water supply well that is located in an area in which contamination resulting from constituents associated with the presence of a coal combustion residuals impoundment is expected to migrate, as demonstrated by groundwater modeling and hydrogeologic, geologic, and geotechnical investigations of the site, conducted in accordance with the requirements of G.S. 130A‑309.214(a)(4), and the results of other modeling or investigations that may have been submitted pursuant to G.S. 130A‑309.213(b)(4). Preference shall be given to permanent replacement water supplies by connection to public water supplies; provided that (i) a household may elect to receive a filtration system in lieu of a connection to public water supplies and (ii) if the Department determines that connection to a public water supply to a particular household would be cost‑prohibitive, the Department shall authorize provision of a permanent replacement water supply to that household through installation of a filtration system. For households for which filtration systems are installed, the impoundment owner shall be responsible for periodic required maintenance of the filtration system.
(c2)	Implementation of Permanent Water Supply. – No later than December 15, 2016, an impoundment owner shall submit information on permanent replacement water supplies proposed to be provided to each household to the Department, including, at a minimum, the type of permanent water supply proposed; the location of the household and its proximity to the nearest connection point to a public water supply; projected cost of the permanent water supply option proposed for the household; and any proposal to connect to a public water supply. The Department shall evaluate information submitted by the impoundment owner and render a final decision to approve or disapprove the plan, including written findings of fact, no later than January 15, 2017. If disapproved, an impoundment owner shall resubmit a plan for the Department's approval within 30 days. No later than April 15, 2017, an impoundment owner shall notify all residents identified in the approved plan of their eligibility for establishment of a permanent water supply. Until such time as an impoundment owner has established a permanent water supply for each household required by this subsection, the impoundment owner shall supply the household with an alternate supply of potable drinking water and an alternate supply of water that is safe for other household uses. Nothing in this section shall be construed to (i) require an eligible household to connect to a public water supply or receive a filtration system or (ii) obviate the need for other federal, State, and local permits and approvals. All State entities and local governments shall expedite any permits and approvals required for such projects. The Department may grant an impoundment owner an extension of time, not to exceed one year, to establish permanent water supplies as required by this section, if the Department determines that it is infeasible for the impoundment owner to establish a permanent water supply for a household by October 15, 2018, based on limitations arising from local government resources, including limitations on water supply capacity and staffing limitations for permitting and construction activities.
(c3)	Study of Additional Households. – The Department of Environmental Quality shall conduct a study of the distribution and levels of hexavalent chromium in the groundwater beneath a divided neighborhood in order to determine if all households in the partially impacted neighborhood should receive a permanent replacement water supply as provided in subsection (c1) of this section. For purposes of this subsection, a "divided neighborhood" is a subdivision or other grouping of homes making up a neighborhood that meets all of the following requirements:
(1)	The neighborhood is located (i) on a peninsula surrounded by a surface impoundment created by the damming of a river and (ii) in a county that borders another state.
(2)	Part, but not all, of the neighborhood has drinking water supply wells located within a one‑half mile radius from the established compliance boundary of a coal combustion residuals impoundment and meet the other requirements for a permanent replacement water supply as provided in subsection (c1) of this section.
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SECTION 2.  This act is effective when it becomes law.