AN ACT to establish and fund a pilot program for the remediation of certain Coal Combustion Products structural fill sites.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  Findings. – The General Assembly finds that, though the use of coal combustion products in structural fill is a safe and effective beneficial reuse of those products when conducted in compliance with applicable law, certain structural fill sites in the State have not resulted in the beneficial use that was intended when the coal combustion products were placed at the site. The General Assembly further finds that deterioration of these structural fill sites due to erosion, failure of stormwater structures, or failure to maintain proper soil cover have resulted in threats to public health and safety. Therefore, the appropriation of funds to conduct a pilot program for assessment and initial remediation activities to stabilize these failing structural fill sites is a proper and necessary public purpose.

SECTION 1.(b)  There is appropriated the sum of one million dollars ($1,000,000) in nonrecurring funds for the 2023‑2024 fiscal year to the Department of Environmental Quality to conduct a pilot program for assessment and initial remediation of high‑risk coal combustion products structural fill sites (CCP sites) where coal combustion products were placed prior to the enactment of the Coal Ash Management Act of 2014. The program shall include the following components:

(1)        Study scope. – The Department shall study sites managed under any of the following programs:

a.         Sites managed by the Division of Waste Management under Section .1700 of Subchapter 13B of Title 15A of the North Carolina Administrative Code (Requirements for Beneficial Use of Coal Combustion By‑Products).

b.         Sites managed by the Division of Water Quality under Section .1200 of Subchapter 2T of Title 15A of the North Carolina Administrative Code (Coal Combustion Products Management) as those rules existed in 2014.

c.         Sites where coal combustion products were placed pursuant to a Distribution of Residual Solids permit issued to a coal ash generating facility under the authority of G.S. 143‑215.1(d).

(2)        Study contents. – The study shall include, at a minimum, the following:

a.         A summary of existing site uses, site conditions, and cap stability data from site inspections compiled either from existing data or new field inspection results.

b.         With respect to sites that are deficient based on site inspections, any necessary site assessment, groundwater testing, or surface water testing necessary to prioritize sites with the greatest need for immediate remediation and to determine the most cost‑effective remedial approach that is protective of public health and safety.

c.         The Department may take immediate corrective action such as restoration of protective cover or removal of ash from streams prior to the remedial action process described in subdivision (2) of this section at any site found to be a present risk to public health, safety, or the environment.

(3)        Remedial activities. – Based on the study findings, the Department shall select up to five sites for further action based upon the following criteria:

a.         The potential for known risk to public health or the environment.

b.         The potential for exposure from airborne or subsurface contamination.

c.         The practical ability of the property owner to contribute to the remediation.

d.         The source of the ash.

e.         The age of the fill.

f.          The end use or potential end use of the property.

(4)        Report. – The Department will provide an interim report no later than April 1, 2024, and a final report no later than December 1, 2024, to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division. The report shall include a summary of the activities funded by this act, a list of the sites selected for further remedial activities, and a description of the work undertaken at the selected sites. The report may also include the Department's recommendations on the necessity, potential scope, and funding needs for a permanent program to address CCP sites.

SECTION 1.(c)  Personnel. – The Department may establish up to two time‑limited positions to fund the activities authorized by this act.

SECTION 1.(d)  Nonrevert. – Funds appropriated by this act shall not revert at the end of the fiscal year but shall remain available to fund the completion of the study and remedial projects authorized by this act.

SECTION 2.  This act becomes effective July 1, 2023.