Bill Summaries: H279 (2013-2014 Session)

Tracking:
  • Summary date: Jun 24 2013 - View summary

    AN ACT TO AUTHORIZE THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO TRANSFER CERTAIN ENVIRONMENTAL PERMITS ASSOCIATED WITH PROPERTY DEVELOPMENT WHEN THE ORIGINAL PROPERTY OWNER IS UNWILLING OR UNABLE TO AGREE TO THE PERMIT TRANSFER. Enacted June 19, 2013. Effective June 19, 2013.

     

     


  • Summary date: May 30 2013 - View summary

    Senate committee substitute to the 3rd edition makes the following changes. Amends GS 143-214.7, GS 143-215.1, GS 113A-54.1, and GS 113A-61 to amend the conditions that must be met before the Department of Environment and Natural Resources may transfer a permit to require that the permit holder meet one of the specified descriptions, including being a partnership, limited liability corporation, corporation, or any other business association that has been dissolved (was, only a corporation that has been dissolved); also clarifies that a person lawfully divested of title to the property must have been lawfully and finally divested of title.


  • Summary date: Apr 24 2013 - View summary

    House committee substitute to the 2nd edition makes the following changes.

    Amends GS 113A-54.1 and GS 113A-61 to amend the conditions to be met to allow the Department/local government to transfer an erosion control plan/erosion and sedimentation control plan to include that the successor-owner of the property submits a written transfer request and an authorized statement of financial responsibility and ownership (was, just the transfer request).

    Also amends GS 113A-54.1(d1)(4) to provide that nothing in the subsection prevents the NC Sedimentation Control Commission from requiring a revised plan under GS 113A-54.1(b).


  • Summary date: Apr 18 2013 - View summary

    House committee substitute to the 1st edition makes the following changes. Deletes the proposed changes in GS 143-214.7(c5), concerning stormwater, in GS 113A-54.1(d1), concerning erosion control plans, and in GS 113-61(b3), concerning local approval of erosion and sedimentation control plans and instead provides as follows. Allows the Department of Environment and Natural Resources (DENR) to transfer a permit issued under the statute without the consent of the permit holder to a successor owner of the property on which the permitted activity is occurring or will occur. Allows DENR to transfer a permit if (1) the successor owner submits a written transfer request and (2) DENR finds the permit holder is a natural person who is deceased, a corporation that has been dissolved, a person lawfully divested of title to the property, or a person who has sold the property. Requires the permit older to comply with all terms and conditions of the permit until it is transferred. Requires the successor-owner to comply with all terms and conditions of the permit once it is transferred. Prohibits DENR from imposing new or different terms and conditions in the permit with the express consent of the successor owner. Adds these same provisions to GS 143-215.1, concerning control of sources of water pollution.


  • Summary date: Mar 12 2013 - View summary

    Amends GS 143-214.7 by adding a new subsection, GS 143-214.7(c5), providing that the Department of Environment and Natural Resources must transfer a permit issued under GS 143-214.7 (concerning stormwater) to a new party when the current permit holder is unwilling or unable to agree to the transfer and when the following is found to be true: (1) the new permittee has sole legal right to develop the permitted project, (2) the new permittee intends to use the permit for the purposes for which it was issued, (3) there will be no change of the permitted project substantially impacting the permitted activity.

    Amends GS 113A-54.1 by adding a new subsection, GS 113A-54.1(d1), requiring the Director of the Division of Energy, Mineral, and Land Resources to transfer an erosion and sedimentation control plan if (1) the proposed transferee is the owner of the land to be disturbed or has the owner's written consent to conduct the land-disturbing activity, (2) the proposed transferee intends to use the permit for the purposes for which it was issued, and (3) there will be no change of the project covered by the plan that would affect any requirement of the plan. Makes technical changes throughout the section and makes conforming changes.

    Amends GS 113A-61 by adding a new subsection, GS 113A-61(b3), requiring a local government administering an erosion and sedimentation control program to transfer a plan approved by this section if (1) the proposed transferee is the owner of the land to be disturbed or has the owner's written consent to conduct the land-disturbing activity, (2) the proposed transferee intends to use the permit for the purposes for which it was issued, and (3) there will be no change of the project covered by the plan that would affect any requirement of the plan. Makes technical and conforming changes throughout the section.