NC Law To Block Health and Environmental Protections

CLIFF NOTES
● New legislation raises barriers to environmental rules.
● Cost thresholds trigger legislative approval.
● Critics say protections will be delayed.
● Supporters cite regulatory oversight.
● The law may slow responses to contaminants.

A new law in North Carolina, modeled after the federal REINS (Regulations from the Executive in Need of Scrutiny) Act, is drawing strong criticism from environmental and public health experts. House Bill 402, now law after a veto override by the General Assembly, significantly changes how state rules are approved, especially those addressing pollution and public health.

What Is the REINS Act?

The REINS Act establishes a tiered review system for proposed state regulations based on their projected financial impact over five years:

• Over $1 million: Requires a two-thirds majority vote by the rulemaking body.

• Over $10 million: Requires a unanimous vote.

• Over $20 million: Must receive formal approval from the General Assembly.

These thresholds exclude any economic or health benefits of proposed rules. This means rules are judged solely by cost, not by potential public savings from reduced pollution or health risks.

Impact on PFAS Rulemaking

The North Carolina Environmental Management Commission (EMC) has been working for over a year on a rule to limit PFAS discharges into state waters. PFAS, or “forever chemicals,” are linked to cancer, liver damage, and other health issues. The initial rule would have set limits on eight PFAS compounds, but the proposal was narrowed to three: PFOA, PFOS, and GenX.

The proposed rule is projected to cost $129.5 million over six years, which triggers the REINS Act. This means:

• The EMC must vote unanimously to approve it.

• The General Assembly must review and approve it before it becomes law.

Critics say this makes passing meaningful environmental rules nearly impossible.

Experts Voice Concerns

1. Delays in Rulemaking

Grady O’Brien of the NC Conservation Network says the law will create “gridlock.” Rules already take a year or more to pass; now, added voting and approval steps could extend that further or halt them completely.

2. Weakened Environmental Oversight

The Department of Environmental Quality (DEQ) says the law adds uncertainty and delays for both businesses and municipalities. Without timely rules, communities face continued exposure to harmful chemicals.

3. Loss of Executive Power

Legal experts say the law shifts power away from executive agencies and gives more control to the General Assembly. This weakens the ability of science-based commissions to act quickly on urgent health or environmental risks.

Why Critics Say the Law Is Harmful

• Public health protections may be blocked, even when supported by scientific evidence.

• Environmental rules may be gutted during periodic reviews if they exceed the cost threshold.

• One dissenting vote on a commission could derail important regulations.

• Legislative delays could prevent action on pollution threats like PFAS in the Cape Fear River, a major source of drinking water.

Supporters Say It Adds Accountability

Republican lawmakers say the law increases transparency and prevents overregulation. They argue that elected legislators should have final say over costly regulations that could affect businesses and the economy.

The REINS Act could have far-reaching consequences for clean water, air quality, and public health in North Carolina. While intended to curb government overreach, critics argue it creates unrealistic barriers to passing critical rules. As industries continue discharging harmful chemicals like PFAS, environmental and health advocates warn that delay could come at the cost of people’s health and safety.

The Role of Water Filtration at Home

With new rules stalled, households must take proactive steps to protect their water. Reverse osmosis systems remove PFAS and other contaminants from drinking water. Whole home water conditioners reduce chemical exposure from bathing and cleaning. These systems offer a reliable line of defense, especially for homes near affected water sources like the Cape Fear River.

Source: Coastal Review