Bill Summaries: S553 (2019-2020 Session)

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  • Summary date: Aug 14 2019 - View summary

    Conference report makes the following changes to the 6th edition.

    Part I. State and Local Government Regulation

    Makes technical changes to Section 3 and renames the section.

    Makes technical corrections to a cross reference in Section 6.

    Deletes previous Section 7, concerning adoption of the 2017 Food Code.

    Makes clarifying changes to proposed GS 160A-383.6 in Section 7.

    Section 9

    Deletes the previous provision concerning NC Pre-K classrooms providing parents and guardians with a list of all school options in the county and replaces it with the following. Requires the Division of Childhood Development and Early Education of the Department of Health and Human Services to post the following on its website: (1) education opportunities for kindergarten offered by local school administrative units; (2) educational opportunities for kindergarten offered by charter schools; and (3) scholarships for enrollment in non-public schools provided under Part 2A of Article 39 of GS Chapter 115C. Effective January 1, 2020.

    Part II. Agriculture, Energy, Environment, and Natural Resources Regulation

    Section 14

    Adds a new subsection to GS 130A-335 to allow local health departments to determine site suitability for a ground absorption sewage treatment and disposal system pursuant to rules adopted by the Commission for Public Health or specified state law, if three criteria are indicated: (1) the system can be installed so that the effluent will be nonpathogenic, noninfectious, nontoxic, and nonhazardous; (2) the effluent will not contaminate groundwater or surface water; and (3) the effluent will not be exposed on the ground surface or be discharged to surface waters where it could come into contact with people, animals, or vectors. 

    Section 15

    Makes the following changes to GS Chapter 159G, Water Infrastructure.

    Amends GS 159G-20 to define distressed unit and Viable Utility Reserve. Modifies the term local government unit to include a metropolitan water district, a metropolitan sewerage district, and a county water and sewer district. Makes organizational changes and updates GS Chapter 162A and 160A references.

    Amends GS 159G-22 to establish the Viability Utility Reserve (Reserve) account within the Water Infrastructure Fund to receive State appropriations. Specifies that credited revenue to the account is neither received from the federal government nor provided as a match for federal funds. Directs the Department of Environmental Quality (DEQ) to establish accounts within the Reserve to administer grants for public water systems or wastewater systems owned by local government units. 

    Amends GS 159G-30 to include the administration of grants made from the Reserve, through the Division of Water Infrastructure (Division), in DEQ's responsibilities. Makes clarifying and technical changes.

    Amends GS 159G-31 to establish that a local government unit, as now defined, is eligible to apply for a grant from the Reserve.

    Amends GS 159G-32 to specify five authorized uses for grants from the Reserve, including rehabilitating existing public water or wastewater infrastructure, decentralizing an existing public water or wastewater system, and funding a study of rates or merger and regionalization options.

    Enacts GS 159G-34.5, detailing three types of authorized Reserve grants: (1) an asset assessment and rate study grant, (2) a merger/regionalization feasibility grant, and (3) a project grant. Requires separate accounts in the Reserve for each type of grant. Allows for a grant to be awarded to a regional council of government or to a regional planning commission so long as DEQ and the Local Government Commission determine it to be in the best interest of the local government.

    Amends GS 159G-35 to require the Local Government Commission and the State Water Infrastructure Authority (Authority) to jointly develop evaluation criteria to review grant applications and award grants from the Reserve as provided in GS 159G-39, as amended. Makes clarifying changes.

    Amends GS 159G-36 to prohibit the amount of a Reserve grant from exceeding the construction costs of a project. Specifies that grant availability is limited to the extent that other funding sources are not reasonably available to the applicant. Caps grants from the Reserve to any single local government unit at $15 million, and at $30 million where two or more governmental units are merging into a single utility.

    Expands the application provisions set forth in GS 159G-37 concerning loans and grants from other Reserves under the Chapter to include applications for grants from the Reserve.

    Amends GS 159G-39 to require the Local Government Commission to approve the grant award and terms before a grant can be awarded. Authorizes DEQ and the Local Government Commission to impose specific performance measures or conditions on a Reserve grant, in their discretion.

    Enacts GS 159G-45 to require the Authority and the Local Government Commission to develop criteria for assessment and review of local government units to identify distressed units, defined as a public water or wastewater system exhibiting signs of failure to identify or address those financial or operating needs necessary to enable that system to become or to remain a local government unit generating sufficient revenues to adequately fund management and operations, personnel, appropriate levels of maintenance, and reinvestment that facilitate the provision of reliable water or wastewater services. Details five components the criteria should address, including whether the public water or wastewater system has an established, operational, and adequately funded program for its repair, maintenance, and management. Requires distressed units to take certain actions, as described, including developing an action plan for short- and long-term infrastructure repair, maintenance and management, continuing education of the governing board and system operating staff, and long-term financial management. Also requires distressed units to conduct an asset assessment and rate study, and participate in a training and educational program. Provides that once the requirements are met, the local government unit is no longer identified as a distressed unit for the remainder of that assessment and review cycle. Requires the assessment and review cycle of local government units to be no less than every two years, with frequency to be established by the Authority and the Local Government Commission.

    Enacts Article 10, Dissolution and Merger of Units, to GS Chapter 162A. Defines unit as the same entities created under GS Chapter 162A that are included in the term local government unit under GS Chapter 159G, as amended. Details information which must be provided to the Environmental Management Commission (Commission) prior to any action under the Article to merge or dissolve. Requires the Commission to provide a copy of the information submitted to DEQ and the Local Government Commission upon receipt of a request to dissolve or merge. Specifies notice requirements for district boards of affected units and any other governing boards affected upon confirmation of the time and place for a public hearing on dissolution or merger. 

    Authorizes a unit to merge with any other unit, county, city, consolidated city-county, sanitary district, or  joint agency, as described, (1)  if the merger is a condition of receiving a grant from the Reserve or (2) upon approval of the Commission, in consultation with DEQ and the Local Government Commission. Provides for the the transfer of assets, liabilities, and obligations by resolution of the Commission, as specified, and details dissolving a unit upon satisfaction of certain criteria. 

    Authorizes a unit to be dissolved (1) if the merger is a condition of receiving a grant from the Reserve or (2) in order to merge with another unit, county, city, consolidated city-county, sanitary district, or joint agency, as described, and establish a new entity upon approval of the Commission, in consultation with DEQ and the Local Government Commission. Provides for the the transfer of assets, liabilities, and obligations by resolution of the Commission, as specified, and dissolving a unit.

    Establishes the effective date for merger or dissolution upon the adoption of a resolution by the Commission to be fixed as of June 30 following the adoption or the second June 30 following the adoption of the resolution. Details the effect of a merger or dissolution upon adoption of a resolution by the Commission and authorizes all governing boards and district boards to take actions and execute the documents necessary to effectuate the described provisions. 

    Enacts Article 5, Water and Wastewater Systems, to GS Chapter 160A. Sets forth defined terms. Authorizes interlocal cooperation between local government units for any purpose. Specifies that interlocal cooperation contracts for one or more undertakings under Part 5 are governed by the provisions of Part 1, Joint Exercise of Powers, Article 20, GS Chapter 160A.

    Provides that the above provisions are effective October 1, 2019.

    Directs DEQ to study the statutes and rules governing subbasin transfers. Details requirements of the study, including whether the costs of complying with specific statutory requirements are worth the benefits of the requirements. Requires DEQ to submit a report to the Environmental Review Commission by October 1, 2019.

    Directs the Department of State Treasurer to study the feasibility of authorizing historical charts for local government units that have become or may become defunct. Details requirements of the study, including the consequences of such charters. Requires the Department of State Treasurer to report to the General Assembly by March 1, 2020.

    Part III. Miscellaneous Regulatory Reform Provisions 

    Section 17

    Requires the Department of Revenue to provide the Revenue Laws Study Committee with information on the property taxation of outdoor advertising signs (was, directed the Revenue Laws Study Committee is directed to study issues related to the property taxation of outdoor advertising signs). Requires that the review include the same information that the study was previously required to include and adds reviewing the practices in other states. Requires that the information be provided to the Committee by March 31, 2020.

    Deletes previous Section 18 concerning broadband easements.

    Deletes previous Section 20 concerning electric standup scooters.

    Section 21

    Changes the effective date of the section, concerning voting systems performance bond, from when the act becomes law, to January 1, 2020.

    Section 22

    Changes the effective date of the section, concerning the sale of salvaged vehicles, from when the act becomes law, to March 1, 2020.

    Section 24

    Deletes the changes to GS 18B-1006 concerning ABC permits at community colleges stadiums and instead amends the statute as follows. Allows permits for the sale of malt beverages, unfortified wine, or fortified wine to be issued to any stadiums with a permanently constructed seating capacity of 2,000 or more, leased for a year or more to a for-profit corporation registered in the State, if (1) the permittee only sells malt beverages, unfortified wine, or fortified wine at events that are not sponsored or funded by the public college or university, and (2) the Board of Trustees of the public college or university has voted to allow the issuance of permits for use at that stadium. Provides that if a Board of Trustees votes to allow the issuance of permits, then written notice must be given to the ABC Commission that it has voted to allow the issuance of permits. Applies to permits issued or active on or after April 9, 2019.

    Section 25

    Makes the Division of Emergency Management of the Department of Public Safety, rather than the Department of Transportation, responsible for studying the needs of law enforcement, emergency medical and emergency management personnel, and firefighters to improve access to or within the interstate system of this State for the benefits of public safety. Includes the Department of Transportation among those that the Division may consult with in conducting the study. Makes conforming changes.

    Deletes previous Section 27, which required a study on ways to optimize and modernize the state’s recycling requirements for discarded computer equipment and televisions.

    Section 26

    Makes a clarifying change to the proposed changes to GS 83A-7, regarding architecture licensure.

    Section 27

    Amends GS 143-215.54 to add aquaculture to the authorized uses for flood hazard areas without a permit so long as the use complies with local land-use ordinances and any other applicable laws and regulations. Adds a new provision to prohibit local governments from restricting the authorized uses in a flood hazard area if it has been demonstrated through specified analyses that the proposed use will not result in any increase in flood levels as documented by a No-Rise Certification, signed by a professional engineer and submitted as specified. Authorizes local governments to charge a fee of up to $100 in order to evaluate compliance with these provisions. 

    Section 28

    Amends GS 58-41-15, concerning insurance cancellation, to make a clarifying and organizational change. Explicitly provides that proof of mailing is sufficient proof of notice of cancellation under the statute (rather than under subsection (b), which provides for notice requirements). Effective October 1, 2020.

    Section 29

    Authorizes the Department of Agriculture and Consumer Services to use funds appropriated pursuant to Section 4.1 of SL 2018-136 (2018 Hurricane Florence Disaster Recovery Act) to provide a non-federal match for any project that has been or will be approved for funding by the USDA Emergency Watershed Protection Program.

    Makes additional conforming and organizational changes.


  • Summary date: Jul 8 2019 - View summary

    House amendments to the 5th edition make the following changes.

    Part I. State and Local Government Regulation

    Amendment #2 further amends GS 143-215.107A to also exclude Rockingham County from vehicle emissions inspections (previously, excluded Onslow County only).

    Part III. Miscellaneous Regulatory Reform Provisions 

    Amendment #1 makes the following changes to Part III.

    Amends the proposed changes to GS 83A-13 to exempt from architectural license requirements institutional or commercial buildings having a total value not exceeding $200,000 (previously, $175,000; $90,000 under current law). Makes conforming changes. 

    Adds new Section 27.5 as follows. 

    Amends GS 83A-2, making technical changes regarding the member appointments to the NC Board of Architecture (Board) to delete obsolete language. Additionally, requires public notice of the Board's annual meeting to be published for at least two weeks on the Board's website, rather than published at least once each week for two weeks in one or more newspapers in general circulation in the state.

    Amends GS 83A-5 to require the Board to maintain and publish a roster of all architects and architectural firms holding current licenses from the Board, with copies filed with the Secretary of State and the Attorney General only (was, published at least once a year with copies also filed with other applicable State or local agencies and upon request, distributed or sold to the public). Now authorizes the Board to make the roster available on the Board's website.

    Amends GS 83A-7. Modifies the qualifications for application for examination (rather than qualifications for registration) as a duly licensed architect, now requiring practical training and experience as specified by Board rules (previously, specified at least three years of such experience), and the successful completion of an accredited master or bachelor degree in architecture as specified by Board rules (previously, generally required professional education). Maintains the requirement for successful completion of a licensure examination in architecture. Concerning licensing by reciprocity, requires an individual to hold a certified record (was, a certificate of qualification) issued by the National Council of Architectural Registration Board (NCARB) in addition to holding a current architect license from another state or territory. Specifies that the Board's authority to waive the NCARB certified record requirement  is in the Board's discretion. 

    Amends GS 83A-11 to specify that license renewal applications be transmitted, rather than mailed, as previously specified.

    Amendment #3 modifies the proposed changes to GS 20-79.1A(a)(1) to require a dealer to notify a purchaser of any outstanding civil penalties, fees, tolls, and obligations owed that are of record and known to the dealer at the time the dealer applies for a title to a motor vehicle and a registration plate (previously, did not specify the outstanding obligations be of record and known by the dealer at the time of application).


  • Summary date: Jun 28 2019 - View summary

    House committee substitute to the 4th edition makes the following changes.

    Part I. State and Local Government Regulation

    Concerning the directive to the Building Code Council (Council) and local governments enforcing the 2018 NC Fire Prevention Code (Code) to enforce the specified exit obstruction and waste accumulation provisions as provided in the act, eliminates the distinct conditions between apartment occupancies with enclosed corridors and apartment occupancies with open-air corridors or balconies served by exterior stairs. Instead, consolidates the conditions, application with respect to apartment occupancies in general, requiring the maximum doorstep refuse and recycling collection container size not to exceed 15 gallons and the number of containers not to exceed one refuse and one recycling collection container for a total of two containers per dwelling unit (previously, ranged from 13 to 27 gallon maximum container size depending on the type of apartment occupancy). Makes conforming changes. Concerning the Council's rulemaking directive, requires the Council to revise the specified rules in a manner similar to the implementation directives provided (previously, required the rules to be revised in a manner substantively identical to the implementation directives).

    Modifies the proposed changes to GS 93A-40(a) concerning real estate licensing requirements for time share salespeople. Now defines a time share salesperson to be a licensed real estate broker unless the salesperson meets the requirements for exemption from licensure under specified state law, or is an employee of the registered time share developer, and has their income reported on the IRS W2 form of the registered time share developer (previously, did not specify which W2).

    Eliminates proposed GS 113A-110(h), which prohibited a county, city, or lead regional organization coastal management land use plans from being more stringent than the State guidelines for coastal areas adopted under GS 113A-107 with respect to piers, docks, and bulkheads. Also eliminates proposed companion provisions, GS 153A-324(c) (concerning counties) and GS 160A-365 (concerning cities).

    Eliminates the proposed changes to GS 90-624, which exempted individuals practicing reflexology from massage therapy licensing requirements. Also eliminates proposed GS 90-622(5a), defining reflexology.

    Modifies proposed GS 160A-386.6, which authorizes a city or county to establish a process to permit temporary event venues, to increase the cap established for the number of temporary events at permitted venues in a calendar year from 12 to 24. No longer requires 10 days' public notice and hearing prior to issuance or renewal of a temporary event venue permit. Makes conforming changes. 

    Directs the Division of Child Development and Early Education and the Director of the NC Pre-K program to ensure that all entities operating NC Pre-K classrooms provide to the parent or guardian of each child participating in the NC Pre-K program a list of all public and private school options in the county in which the child resides. 

    Part II. Agriculture, Energy, Environment, and Natural Resources Regulation

    Amends Section 13.2 of SL 2018-5, which requires up to $2 million of the funds credited to the Inactive Hazardous Sites Cleanup Fund under GS 105-187.63 for assessment and remediation of pre-1983 landfills to instead be used by the Division of Waste Management (Division) to provide a matching grant to Charlotte Motor Speedway LLC (CMS) for the purpose of remediation activities at the CMS. Modifies the matching requirements to now match $1 for every non-State dollar provided (was, $1 for every two non-State dollars provided), up to $2 million.

    Part III. Miscellaneous Regulatory Reform Provisions

    Adds identical authorizations for licensed dealers to obtain a limited registration plate on behalf of a person purchasing a vehicle, notwithstanding obligations owed, to GS 20-54(6), (10), (11), (12), and (13), which prohibit the DMV from issuing vehicle registration or titles, or transfer registration for: (1) vehicles not in compliance with vehicle inspection requirements or unpaid outstanding related penalties; (2) owners with outstanding tolls, fees, or penalties assessed by the NC Turnpike Authority; (3) owners with outstanding fines or penalties resulting from failure to stop for a school bus; (4) owners with outstanding fees or penalties resulting from a lapse in financial responsibility for the operation of the vehicle; and (5) owners with outstanding fees or penalties resulting from violations of vehicle size, weight, construction, and equipment restrictions. 

    Amends GS 20-79.1A, concerning criteria for the issuance of a limited registration plate. Adds a new requirement for a dealer to notify the purchaser of any outstanding civil penalties, fees, tolls, and obligations owed before the dealer applies for a title to a motor vehicle and a registration plate for the vehicle. 

    Amends GS 163A-1115, concerning voting system certification requirements, to require that the performance bond or letter of credit required of existing subdivision (a)(1) must be posted by the vendor prior to certification by the State Board of Elections.

    Modifies the proposed changes to GS 20-183.4C to more specifically authorize a dealer to sell, without a safety inspection, a used vehicle issued a salvage certificate of title in accordance with GS Chapter 20 if no alterations or repairs have been made to the vehicle after issuance of the salvage certificate of title and after the sale of the vehicle, and the dealer discloses in writing that no safety inspection has been performed by the dealer (previously, did not specify a safety inspection; did not also prohibit alterations; did not prohibit alterations or repairs after the sale).

    Amends GS 18B-1006(a)(7) to allow the sale of malt beverages, unfortified wine, or fortified wine at any stadiums owned by a community college with a permanently constructed seating capacity of 2,000 or more, leased to a for-profit corporation registered in the State, that limits sales to events not sponsored or funded by the community college or the National Junior College Athletic Association. Applies to permits issued or active on or after April 9, 2019.

    Requires the Division of Motor Vehicles (Division), in consultation with the Department of Insurance and interested parties, to conduct a study on salvage vehicle titles for the purpose of protecting consumers from purchasing flood-damaged vehicles with concealed damage. The study is to address the economic impact to consumers of any changes in the law recommended by the Division and consider any other issues deemed relevant to the title and registration of salvage vehicles. Requires the Division to report its findings and recommendations to the specified NCGA committees and division by March 1, 2020.

    Directs the Environmental Review Commission (Commission) to study the State's recycling requirements for discarded computer equipment and televisions. Specifies five considerations the Department must address, including the changing waste stream and opportunities for more efficient and effective recycling streams. Requires the Commission to report to the NCGA 2021 Regular Session upon its convening. 

    Makes conforming organizational changes.


  • Summary date: Jun 25 2019 - View summary

    House committee substitute to the 3rd edition makes the following changes.

    Part I. State and Local Government Regulation

    Requires the Building Code Council (Council) and local governments enforcing the 2018 NC Fire Prevention Code (Code) to enforce the specified exit obstruction and waste accumulation provisions as follows. Requires code enforcement authorities with jurisdiction over apartment occupancies to permit doorstep refuse and recycling collection containers which stand upright on their own and do not leak liquids when standing upright in exit access corridors as described with respect to apartment occupancies with enclosed corridors, and in apartment occupancies with open-air corridors or balconies served by exterior exit stairs. Authorizes the code enforcement authority having jurisdiction to approve alternative containers and storage arrangements that are demonstrated to provide an equivalent level of safety as described. Provides apartment occupancies a phase-in period until December 31, 2020, to comply with the implementation provisions. Requires the Council to revise the exit obstruction and waste accumulation provisions of the Code and adopt substantively similar permanent rules. Effective July 1, 2019.

    Enacts GS 113A-110(h) to prohibit county, city, or lead regional organization coastal management land-use plans from being more stringent than the State guidelines for coastal areas adopted under GS 113A-107 with respect to piers, docks, and bulkheads. Enacts GS 153A-324(c) (concerning counties) and GS 160A-365 (concerning cities), establishing that counties and cities do not have authority to enforce an ordinance that is in violation of new GS 113A-110(h). Effective October 1, 2019.

    Amends GS 143-215.107A, to exempt Onslow County from vehicle emissions testing. Directs the Department of Environmental Quality (DEQ) to prepare and submit to the US Environmental Protection Agency (EPA) for approval a proposed NC State Implementation Plan amendment based on the change to the motor vehicle emissions testing program provided by the act, no later than December 31, 2019. Provides that the changes to GS 143-215.107A are effective on the later of either (1) January 1, 2020, or (2) the first day of the month that is 60 days after the DEQ Secretary certifies that the US EPA has approved an amendment to the NC State Implementation Plan submitted pursuant to the act, whereby the DEQ Secretary must provide notice of the approval and the effective date of the act on its website and directly to certain affected parties, as specified. 

    Amends GS 90-624 to exempt individuals practicing reflexology from massage therapy licensing requirements. Enacts GS 90-622(5a) to define reflexology.

    Authorizes the Commission of Public Health to adopt rules to incorporate all or part of the 2017 edition of the US FDA Food Code.

    Enacts GS 160A-386.6 (concerning cities) and GS 153A-341.4 (concerning counties) to authorize a city or county to establish a process to permit temporary event venues, defined as an existing publicly or privately owned building or structure suitable for use as a site for public or private events relating to entertainment, education, marketing, meetings, sales, trade shows, and any other activities or occasions authorized by city or county ordinance, and limited to 72 hours. Allows the temporary event venue to be considered as a permitted accessory use in any zoning district and not considered a zoning map amendment. Allows only one temporary event venue per lot or parcel of land, and limits permitted venues to 12 temporary events in a calendar year. Details requirements for ordinances authorizing temporary event venues, including prescribing the process for persons seeking a temporary event venue permit or a renewal. Specifies that issuance of a temporary event venue permit is not a quasi-judicial act. Allows cities and counties to charge up to $100 for an initial permit and up to $50 for a renewal. Before issuance or renewal, requires the city or county to hold a public hearing after giving 10 days' public notice and to inspect the venue for public health, safety, and welfare conditions. Allows the city or county to require any concerns from the inspection to be addressed with reasonable measures and to require the use of temporary toilet facilities. Exempts permitted temporary event venues from requirements of the Building Code or any local variants. Requires compliance with federal laws, rules, and regulations. Directs the Building Code Council to create an inspection checklist for cities and counties to use. Allows cities and counties to conduct inspections and issue permits prior to the Council's promulgation of the checklist. Provides parameters for instances in which permittees seeking rezoning of the parcel to a zoning district that would allow a permitted use of the venue for events of the type authorized by a temporary event permit. Makes conforming changes to GS 143-138 (concerning the State Building Code) and GS 160A-383.1 (concerning city zoning regulations for manufactured homes). Effective October 1, 2019.

    Part II. Agriculture, Energy, Environment, and Natural Resources Regulation

    Eliminates the proposed changes to Section 13.2 of SL 2018-5, as amended, which required up to $2 million of the funds credited to the Inactive Hazardous Sites Cleanup Fund to be used by the Division of Waste Management to provide a matching grant to Charlotte Motor Speedway LLC for remediation activities at the Speedway, on a 1:1 rather than 1:2 match basis of State dollars to non-State dollars by the grant.

    Eliminates the proposed changes to GS 143-215.54, which added aquaculture to the permitted uses of flood hazard areas without a permit so long as the use complies with local land use ordinances and any other applicable laws or regulations.

    Eliminates the proposed changes to GS 130A-335, which authorized local health departments to determine site suitability for a ground absorption sewage treatment and disposal system.

    Establishes a schedule for Coastal Area Management Act Emergency General Permits authorized in response to Hurricanes Florence and Michael and activated by the DEQ Secretary in a September 20, 2018, statement, as amended. Requires that all emergency general permits must be issued by October 12, 2019, and that all work authorized by the emergency general permits must be completed by October 12, 2020.

    Amends GS 159G-23 to modify and add to the considerations the Division of Water Infrastructure (Division) is required to examine when evaluating applications for loans and grants from the Wastewater Reserve or the Drinking Water Reserve. Concerning priority for a project that improves designated impaired waters of the state, adds that greater priority is to be given to projects which improve designated impaired waters of the state that serve a public water supply for a large public water system, defined as serving more than 175,000 service connections. Adds that consideration for priority is to be given to projects improving regional coordination (previously, priority for local water supply plans that are better coordinated with respect to the State water supply plan). Lastly, adds that consideration for priority is to be given for wastewater system improvements made by a local government unit in order to protect or preserve the water supply of a neighboring local unit that has a lower poverty rate, lower utility bills, higher population growth, higher medium household incomes, and lower unemployment. Applies to applications for loans or grants from the Wastewater Reserve or the Drinking Water Reserve received by the Division on or after July 1, 2019.

    Adds new Part III. Miscellaneous Regulatory Reform Provisions.

    Amends GS 83A-13 to exempt from architectural license for the preparation, sale, or furnishing of plans, specifications, and related data, or for the supervision of construction under such, of an institutional or commercial building that does not have a total value exceeding $175,000 (was, $90,000) or the total building area does not exceed 3,000 (was, 2,500) square feet in gross floor area. Makes changes to exempt from the requirement for a professional architectural seal a commercial building project with a total value less than $175,000 and a total project area less than 3,000 square feet.

    Amends GS 20-183.4C to authorize a dealer to sell, without inspection, a used vehicle issued a salvage certificate of title in accordance with GS Chapter 20 if no repairs have been made to the vehicle after issuance of the salvage certificate of title, and the dealer discloses in writing that no inspection has been performed.

    Directs the Revenue Laws Study Committee to study issues related to the property taxation of outdoor advertising signs, including the methods to determine their fair market value in North Carolina and whether the Billboard Structures Valuation Guide published by the Department of Revenue provides accurate base costs for outdoor advertising structures, as specified. Requires the Committee to report to the 2020 Regular Session of the 2019 General Assembly. 

    Amends GS 117-28.1(a), authorizing easements owned or used by electric membership corporations to be used to supply high-speed broadband in addition to electricification. Specifies that the subsection does not have any affect on any obligation of the corporation or its wholly owned subsidiary to comply with any applicable requirements related to notice, safety, or permitting when constructing or maintaining lines or broadband fiber on, over, under, or across property owned or operated by a railroad company. 

    Directs the Joint Legislative Program Evaluation Oversight Committee (Committee) to add a PED study on the standards applicable to interior designers to its 2019-20 work plan. Details the study's requirements, including whether or not interior designers should be certified, licensed, or registered to practice in the state. Directs PED to report to the Committee by March 15, 2020.

    Enacts GS 160A-383.1(g) to authorize cities to require by ordinance that manufactured homes be installed in compliance with the Set-Up and Installation Standards adopted by the Commissioner of Insurance, so long as the city does not require a masonry curtain wall or skirting for manufactured homes located on land leased to the homeowner. Effective October 1, 2019.

    Adds electronic standup scooter to the defined terms in GS 20-4.01. Excludes electronic standup scooters from the defined terms motor vehicle and moped (passenger vehicle), but deems an electronic standup scooter a vehicle for purposes of GS Chapter 20 that are applicable to a driver of a vehicle. Makes organizational changes. Amends GS 20-51, exempting electronic standup scooters from the requirement of registration and certificate of title. Renders conflicting ordinances in effect on or adopted after the effective date of the act null and void. Directs municipalities having adopted an ordinance or regulation affecting standup electronic scooters to review their ordinances and regulations for compliance upon the effective date of the act. Applies to offenses committed on or after the date the act becomes law.

    Directs the Department of Transportation (DOT) to consult with specified entities and study the needs of law enforcement, emergency medical and emergency management personnel, and firefighters to improve access to or within the interstate system in the state for the benefit of public safety. Details six required steps of the study, including determining potential sites of interest for construction or improvement and establishing criteria for prioritization. Requires DOT to report to the specified NCGA committees by March 1, 2022.

    Moves the act's effective date provisions and severability clause to new Part IV.


  • Summary date: Jun 10 2019 - View summary

    Senate amendment makes the following changes to the 2nd edition.

    Part I. State and Local Government Regulation

    Modifies the proposed changes to GS 93A-40(a) concerning real estate licensing requirements for time share salespeople. Now defines a time share salesperson to be a licensed real estate broker unless the salesperson meets the requirements for exemption from licensure under specified state law, or is an employee of the registered time share developer, and has their income reported on the IRS W2 form (previously did not include employees of registered time share developers in the licensure exemption).

    Part II. Agriculture, Energy, Environment, and Natural Resources Regulation

    Eliminates the proposed changes to GS 130A-309.10 and instead maintains the existing prohibition against disposing discarded computer equipment or discarded televisions in landfills or by incineration.


  • Summary date: May 23 2019 - View summary

    Senate committee substitute modifies and adds to the 1st edition as follows.

    Adds organizational parts to the act.

    Part I. State and Local Government Regulation

    Amends GS 14-234(d1), which sets forth an exception for certain public officers from the prohibition against public officers or employees benefiting from public contracts. Increases the maximum allowable contract amount in a 12-month period under the exception from $40,000 to $60,000 for contracts for goods or services (other than medically related services) between the village, town, city, county social services board, county or city board of education, local health board or area mental health, developmental disabilities and substance abuse board, or public hospital and one of its officials, as described, approved by resolution of the governing body as required by existing law.

    Requires that Section 2902.6 of the NC Building Code and Table 403.1 of the Plumbing Code be implemented to no longer require drinking fountains for an occupant load of 30 or fewer, only require one water closet for business occupancies with an occupational load of 30 or fewer, and no longer require a service sink for business and mercantile occupancies with an occupant load of 30 or fewer. Requires the Building Code Council to adopt rules to amend Section 2902.6 of the Building Code and Table 403.1 of the Plumbing Code consistent with this provision.

    Modifies the proposed changes to GS 93A-40(a) concerning real estate licensing requirements for time share salespeople. Now renders it unlawful for any person to engage or assume to engage in the business of a time share developer or time share salesperson to sell or offer to sell a time share in the state without the time share developer first obtaining a a certificate of registration for the project to be offered for sale (previously did not require the developer to first obtain registration prior to engaging or assuming to engage in the business of a time share salesperson). Defines a time share salesperson to be a licensed real estate broker unless the salesperson meets the requirements for exemption from licensure under specified state law and has their income reported on the IRS W2 form.

    Directs all occupational licensing boards which require continued education to study any available options offered for online continuing education. Requires each licensing board's study and report to (1) list and describe options available to each licensee or an explanation as to why no online methods are offered, (2) include the approximate number of offerings made available for each method and associated costs, and (3) include a description of access by the licensee to each method. Requires the licensing boards to report to the specified NCGA committee and division by December 1, 2019.

    Part II. Agriculture, Energy, Environment, and Natural Resources Regulation

    Amends GS 130A-309.10 to no longer prohibit the disposal of discarded computer equipment or discarded televisions in landfills or by incineration.

    Amends Section 13.2 of SL 2018-5, as amended, which requires up to $2 million of the funds credited to the Inactive Hazardous Sites Cleanup Fund to be used by the Division of Waste Management to provide a matching grant to Charlotte Motor Speedway, LLC for remediation activities at the Speedway, now providing for a 1:1 rather than 1:2 match of State dollars to non-State dollars by the grant.

    Modifies the proposed changes to GS 130A-294(a4), providing that a life-of-site permit will remain valid until its expiration date, and a sanitary landfill may continue to operate, if the owner or operator substantially complies with the terms of the local government approval or franchise agreement. Eliminates the requirement that the owner or operator remains in substantial compliance with nonfinancial terms of the franchise and full compliance with financial terms until the permit expires, as previously proposed.

    Amends GS 143-215.54 regarding the regulation of flood hazard areas. Adds aquaculture to the permitted uses of flood hazard areas without a permit so long as the use complies with local land-use ordinances and any other applicable laws or regulations. Prohibits local governments from adopting ordinances or requiring permits to regulate the allowable agricultural and wildlife uses in flood hazard areas when the loss of flood storage capacity in the area caused by the new use is offset by the use of compensatory storage. Otherwise authorizes local governments to adopt ordinances or require permits to regulate allowable agricultural and wildlife uses in flood hazard areas and allows a local government to charge a permit application fee of no more than $100.

    Modifies the proposed study and report on the expansion of express permitting by the Department of Environmental Quality (DEQ) to require that the Department also provide its report and recommendations to the Environmental Review Commission. Also extends the date by which DEQ must report to the Environmental Review Commission and the specified NCGA committee and division from December 1, 2019, to March 1, 2020.

    Amends GS 130A-335, concerning wastewater collection, treatment, and disposal by residences, businesses, and public places. Authorizes local health departments to determine site suitability for a ground absorption sewage treatment and disposal system under rules adopted by the Public Health Commission or based on documentation indicating the system's effluent will be nonpathogenic, noninfectious, nontoxic, and nonhazardous; will not contaminate groundwater or surface water; and will not be exposed on the ground surface or discharged to surface waters where it could come into contact with people, animals, or vectors. 

    Part III. Severability and Effective Date

    Maintains the act's severability and effective date provisions.

    Makes conforming organizational changes.


  • Summary date: Apr 4 2019 - View summary

    Amends 130A-294(a4) by adding the requirement of “substantial compliance” or “full compliance” (formerly “compliance”) with certain terms and distinguishes between nonfinancial and financial terms of a franchise agreement.  Provides that a life-of-site permit will remain valid until its expiration date, and a sanitary landfill may continue to operate, if the owner or operator substantially complies with the terms of the local government approval or franchise agreement and remains in substantial compliance with nonfinancial terms of the franchise and full compliance with financial terms until the permit expires.

    Deletes the language in GS 93A-40(a) that renders it unlawful for a person to act as a time share sales person without first obtaining a real estate broker license; it remains unlawful for a developer to sell or offer to sell a time share without first obtaining the necessary certificate of registration as issued by the state.

    Requires the Department of Environmental Quality to study and report on the need for additional positions and funding, and possible changes to laws, that would be necessary to expand the Department’s express permitting programs to encompass additional types of permits typically required for job creating, real estate development, and redevelopment activities. Requires a report to the specified NCGA committee and division by December 1, 2019.

    Clarifies that the act as a whole will remain valid even if a provision of the act is declared unconstitutional.