AN ACT to provide ADDITIONAL FUNDING for EXPERTISE AND TECHNOLOGY AVAILABLE IN INSTITUTIONS OF HIGHER EDUCATION LOCATED WITHIN THE STATE TO ADDRESS PER‑ AND POLY‑FLUOROALKYL SUBSTANCES, INCLUDING GENX.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  The North Carolina Policy Collaboratory at the University of North Carolina at Chapel Hill (Collaboratory), as resources permit, shall continue to identify faculty expertise, technology, and instrumentation located within institutions of higher education in the State, including East Carolina University; the Universities of North Carolina at Chapel Hill, Charlotte, and Wilmington; North Carolina State University; North Carolina A&T State University; Duke University; and other public and private institutions within the State and coordinate these faculty, technology, instrumentation, and other resources to:

(1)        Conduct both targeted and nontargeted analysis for per‑ and poly‑fluoroalkyl substances (PFAS), including the chemical known as GenX, through a continuation of the North Carolina PFAS Testing Network (Network).

(2)        With respect to PFAS, including GenX, conduct (i) statewide water sampling, testing, and monitoring, (ii) statewide air sampling, testing, and monitoring, (iii) toxicology work in cellular and mammalian models, as well as monitoring levels and health effects of the citizens of North Carolina, and (iv) data management, analysis, and dissemination.

(3)        Develop and deploy technologies to mitigate exposure to PFAS, including GenX, and health impacts from such exposure.

(4)        Evaluate and pursue other research opportunities with respect to PFAS, including GenX, using relevant faculty expertise, technology, and instrumentation.

The Collaboratory shall utilize the faculty and staff at the University of North Carolina at Wilmington for assisting with project management of the requirements set forth in this section.

SECTION 1.(b)  The Collaboratory shall continue to report the results of sampling conducted pursuant to Section 1(a) of this act to the Environmental Review Commission, the Department of Environmental Quality, the Department of Health and Human Services, the United States Environmental Protection Agency, and the public through the Network's website.

SECTION 1.(c)  Fifteen million dollars ($15,000,000) in nonrecurring funds for the 2021‑2022 fiscal year is appropriated from the General Fund to the Board of Governors of The University of North Carolina to be allocated to the Collaboratory to manage and implement the requirements of this section, which shall include distribution to the Collaboratory (i) to cover costs incurred as a result of activities conducted pursuant to this section, (ii) for acquisition or modification of essential scientific instrumentation and maintenance, and (iii) for payments of costs for sample collection and analysis, training or hiring of research staff and other personnel, method development activities, and data management, including dissemination of relevant data to stakeholders. Participating institutions receiving any funds under this subsection may not use any of the funds for overhead or other indirect costs. Funds appropriated by this section shall not revert but shall remain available for nonrecurring expenses. The provisions of Article 3 of Chapter 143 of the General Statutes, G.S. 116‑31.10, G.S. 143‑129, and other relevant policies and guidelines shall not apply to the purchase of apparatus, supplies, material, personnel, contract, or equipment with any of the funds allocated under this section.

SECTION 1.(d)  From the funds appropriated in Section 1(c) of this act, a minimum of ten million dollars ($10,000,000) shall be directed to development within The University of North Carolina of a technology, or technologies, that utilizes water filtration or other chemical or physical technologies to remove or mitigate the presence of PFAS, including GenX, from water supplies where it is present. The technology shall be developed so that it can be deployed at three separate water supply locations at which analytical data demonstrates that PFAS contamination exists in order to test the efficacy of the technology, or technologies, as follows: (i) a publicly owned water treatment plant that provides drinking water from the Cape Fear River, (ii) a publicly owned wastewater treatment plant that discharges into the Cape Fear River, or a surface water body that flows into the Cape Fear River, and (iii) a location in either the Castle Hayne or the PeeDee aquifer that is utilized for drinking water. Each of these three sites shall be selected by the Collaboratory in consultation with faculty and staff from institutions of higher education in the State identified by the Collaboratory pursuant to Section 1(a) of this act. All units of State and local government shall cooperate and assist with the placement, integration, operation, testing, and assessment of technology, or technologies, developed and deployed pursuant to this section for the duration of any pilot testing authorized and funded by this act.

SECTION 1.(e)  The Collaboratory should continue to pursue relevant public and private funding opportunities that may be available to address the impacts of PFAS, including GenX, on surface water, groundwater, and air quality in order to leverage funds appropriated by this section or any other funds provided to the Collaboratory.

SECTION 1.(f)  The University of North Carolina at Chapel Hill shall apportion all gross revenue associated with any intellectual property, including licensing fees and patenting revenue, related to ionic fluorogel water filtration or other chemical or physical technologies developed utilizing research funds that are provided by the Collaboratory, which were appropriated pursuant to this act, under the following formula:

(1)        Ten percent (10%) to the State's General Fund.

(2)        Forty percent (40%) to the inventor(s) of such technologies.

(3)        Fifty percent (50%) to the University of North Carolina at Chapel Hill to be divided as follows: (i) two‑fifths into a general patent/licensure fund to be used at the University's discretion, (ii) two‑fifths to the home academic department(s) of the inventor(s) of such technologies, and (iii) one‑fifth to the Collaboratory to fund ongoing PFAS‑related research and technology development.

SECTION 2.  This act is effective when it becomes law.