BUILDING REUTILIZATION FOR ECONOMIC DEV. ACT.

View NCGA Bill Details2013-2014 Session
House Bill 201 (Public) Filed Monday, March 4, 2013
A BILL TO BE ENTITLED AN ACT TO AMEND THE APPLICABILITY OF THE ENERGY CONSERVATION CODE TO CERTAIN EXISTING NONRESIDENTIAL BUILDINGS, TO CLARIFY STORMWATER PROGRAM IMPERVIOUS SURFACE CALCULATIONS FOR REDEVELOPMENT, TO CREATE AN EXEMPTION FROM THE NORTH CAROLINA ENVIRONMENTAL PROTECTION ACT FOR THE REOCCUPATION OF AN EXISTING BUILDING OR FACILITY, AND TO AMEND THE STATUTE GOVERNING THE DEPARTMENT OF COMMERCE RURAL ECONOMIC DEVELOPMENT DIVISION.
Intro. by Torbett.

Status: Ch. SL 2014-90 (House Action) (Jul 30 2014)

SOG comments (3):

Long title change

Senate committee substitute to the 3rd edition amends the act's long title. The original title was: A BILL TO BE ENTITLED AN ACT TO REINSTATE THE 2009 NORTH CAROLINA ENERGY CONSERVATION CODES AND REPEAL THE 2012 NORTH CAROLINA ENERGY CONSERVATION CODES.

Title Change.

Senate committee substitute changes the short and long titles.  The previous titles are found below:

Reinstate 2009 Energy Conservation Codes.

A BILL TO BE ENTITLED AN ACT TO REINSTATE THE 2009 NORTH CAROLINA ENERGY CONSERVATION CODES FOR COMMERCIAL BUILDINGS AND AND REPEAL THE PORTIONS OF THE THE 2012 NORTH CAROLINA ENERGY CONSERVATION CODES THAT APPLY TO COMMERCIAL BUILDINGS.

Title Change.

Senate amendment changes the long title. The previous title is found below:

A BILL TO BE ENTITLED AN ACT TO AMEND THE APPLICABILITY OF THE ENERGY CONSERVATION CODE TO CERTAIN EXISTING NONRESIDENTIAL BUILDINGS, TO CLARIFY STORMWATER PROGRAM IMPERVIOUS SURFACE CALCULATIONS FOR REDEVELOPMENT, TO CREATE AN EXEMPTION FROM THE NORTH CAROLINA ENVIRONMENTAL PROTECTION ACT FOR THE REOCCUPATION OF AN EXISTING BUILDING OR FACILITY, TO AMEND THE STATUTE GOVERNING THE DEPARTMENT OF COMMERCE RURAL ECONOMIC DEVELOPMENT DIVISION, AND TO REINSTATE GRAVEL UNDER STORMWATER LAWS.

H 201/S.L. 2014-90

Bill Summaries:

  • Summary date: Jul 31 2014 - More information

    AN ACT TO AMEND THE APPLICABILITY OF THE ENERGY CONSERVATION CODE TO CERTAIN EXISTING NONRESIDENTIAL BUILDINGS, TO CLARIFY STORMWATER PROGRAM IMPERVIOUS SURFACE CALCULATIONS FOR REDEVELOPMENT, TO CREATE AN EXEMPTION FROM THE NORTH CAROLINA ENVIRONMENTAL PROTECTION ACT FOR THE REOCCUPATION OF AN EXISTING BUILDING OR FACILITY, AND TO AMEND THE STATUTE GOVERNING THE DEPARTMENT OF COMMERCE RURAL ECONOMIC DEVELOPMENT DIVISION. Enacted July 30, 2014. Effective July 30, 2014.

     

  • Summary date: Jul 23 2014 - More information

    Senate amendment #3 amends Senate amendment #1 to the 5th edition. Deletes proposed subsection (b4), added to GS 143-214.7 in Senate amendment #1, which required stormwater programs authorized under this section to approve and incorporate data provided by an applicant meeting specified qualifications when determining "built-upon area."

    Senate amendment #4 also amends amendment #1 to the 5th edition. Amends GS 143-214.7(b3) to provide that stormwater runoff rules and programs do not require private property owners to install new or increased stormwater controls for pre-existing development or redevelopment activities that do not remove or decrease existing stormwater controls.


  • Summary date: Jul 21 2014 - More information

    Senate amendment makes the following changes to the 5th edition:

    Changes the long title.

    Makes a technical change.

    Amends the proposed changes to GS 143-214.7, Stormwater runoff rules and programs, deleting a definition for the term built-upon area and reinstating previously deleted language in GS 143-214.7(b2) concerning "built-upon areas." 

    Amends the language of proposed GS 143-214.7(b3) to provide that stormwater runoff rules and programs cannot require new or increased stormwater controls for pre-existing development or redevelopment activities that do not remove or decrease existing stormwater controls (previously, could not require new rules or programs for redevelopment activities that did not remove or decrease existing stormwater controls, unless required by federal law).

    Deletes previous provision that, unless specifically authorized by the General Assembly, the Environmental Management Commission and the Department of Environment and Natural Resources do not have the authority to define the term gravel for the purposes of implementing stormwater programs.

    Deletes provision that provided that if Senate Bill 38 (Amend Environment Laws 2014) becomes law, Section 28 (Clarify Gravel Under Stormwater Laws) is repealed.

    Makes conforming changes.

     


  • Summary date: Jul 17 2014 - More information

    Senate committee substitute makes the following changes to the 4th edition:

    Changes the short and long titles.

    Deletes all of the provisions of the previous edition in their entirety and replaces it with the following.

    Part I.

    Enacts new GS 143-138(b15), which excludes certain alterations to commercial buildings from current energy code requirements, providing that alterations to a commercial building or structure that received a certificate of occupancy prior to January 1, 2012, are subject to the rules pertaining to energy efficiency and conservation that were in effect on December 31, 2011. Additions to commercial buildings and structures that received a certificate of occupancy on January 1, 2012 may be subject to the rules in effect on December 31, 2011, unless the addition increases the area of the existing building or structure to be more than 150% of the building area as it was on December 31, 2011. Defines commercial buildings and structures for the purposes of the section.

    Part II.

    Amends GS 143-214.7, establishing definitions for use in the section, including the terms development and redevelopment. Also incorporates the previously included and defined term built-upon area but removes gravel from the list of items excluded in its definitions and clarifies that slatted decks are not included in the definition (previously, excluded wooden slatted decks). 

    Provides that stormwater runoff rules and programs cannot require new or increased stormwater controls for redevelopment activities if they do not remove or decrease existing stormwater controls, unless required by federal law. 

    Sets out procedures for determining built-upon areas for stormwater programs. Allows the incorporation of data provided by an applicant if certified as specified in this section. If such data is not provided, the stormwater program will perform the calculations for determining built-upon area. 

    Provides that, unless specifically authorized by the General Assembly, the Environmental Management Commission and the Department of Environment and Natural Resources do not have the authority to define the term gravel for the purposes of implementing stormwater programs. Provides that any such rule that does so is not effective and will not become effective. 

    Amends Section 2 of SL 2006-246, as amended, making conforming changes, adding references to the definitions proposed in GS 143-214.7(a1) and deleting the definitions for development and redevelopment

    Part III.

    Amends GS 113A-12 to add that environmental documents are not required for the redevelopment or reoccupation of an existing building or facility if any additions do not increase the total footprint to more than 150% of the footprint of the existing building or facility and any new construction does not increase the total footprint to more than 150% of the footprint of the existing building or facility.

    Amends GS 113A-8 to add that any ordinance adopted under the statute (allowing local government to adopt ordinances to require any special purpose unit of government or private developer of a major development project to submit detailed statements of the impact of the projects) must exempt from its requirements the certain cases for which an environmental document is not required under GS 113A-12.

    Part IV.

    Amends GS 143B-472.127 to allow economic development grants or loans awarded by the Rural Infrastructure Authority to be used to provide matching grants or loans to local governmental units located in a development tier one or tier two area or a rural census tract in a development tier three area (was, local government in an economically distressed county) that will productively reuse or demolish buildings (was, reuse vacant buildings) and properties and construct or expand rural health care facilities. Adds that the development tier designation of a county is determined according to GS 143B-437.08. Defines the rural census tract as a census tract with a population density of less than 500 people per square mile according to the most recent decennial federal census.

    Part V.

    Requires the Building Code Council, the Environmental Management Commission, the Coastal Management Commission, and the Department of Environment and Natural Resources to amend their rules to conform with this act.

    Part VI.

    Provides that if Senate Bill 38 (Amend Environment Laws 2014) becomes law, Section 28 (Clarify Gravel Under Stormwater Laws) is repealed.

    Part VII.

    Includes a severability clause.


  • Summary date: Jun 18 2013 - More information

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

    Changes the long title.

    Adds the requirement that the Building Code Council (Council) adopt a North Carolina State Building Code Residential Energy Conservation Code, applying to residential buildings, that is identical to the portions of the 2012 North Carolina State Building Code Energy Conservation Code that apply to residential buildings.

    Requires the Council to adopt a North Carolina State Building Code Non-Residential Energy Conservation Code, applying to non-residential buildings, that is identical to the portions of the 2009 North Carolina State Building Code Energy Conservation Code that apply to non-residential buildings (was, adopt an energy conservation building code identical to the 2009 North Carolina State Building Code Energy Conservation Code).

    Prohibits specified corrective and punitive actions from being taken because of a violation of the 2012 State Building Code Energy Conservation Code by a non-residential building if it would not have also been a violation of the 2009 State Building Code Energy Conservation Code.

    Makes conforming changes to the enactment clause.

     


  • Summary date: May 14 2013 - More information

    House amendment makes the following change to the 2nd edition:

    Clarifies that the act only applies to judicial actions referred to in Section 2 of the bill that are filed on or after the effective date of the act.


  • Summary date: May 13 2013 - More information

    House committee substitute makes the following changes to the 1st edition.

    Makes the provisions of this act no longer applicable to the North Carolina State Building Code Residential Code (Residential Code), deleting requirement that the Building Code Council adopt an energy conservation part for the Residential Code identical to the energy conservation part contained in the 2009 Residential Code. Also deletes provision that repeals the energy conservation part of the 2012 Residential Code. Makes additional conforming changes. Makes a technical correction to include all effective dates in a single section and makes conforming changes to the effective date to reflect amendments to the provisions of the act.


  • Summary date: Mar 4 2013 - More information

    Requires the Building Code Council (Council) to adopt an energy conservation building code and an energy conservation part for the State Building Code Residential Code that is identical to the 2009 State Building Code Energy Conservation Code and the energy conservation part in the 2009 State Building Code Residential Code. Effective when those rules become effective, requires the Council to repeal the 2012 State Building Code Energy Conservation Code and the energy conservation part of the 2012 State Building Code Residential Code.

    Prohibits specified corrective and punitive actions from being taken because of a violation of (1) the 2012 State Building Code Energy Conservation Code if it would not have also been a violation of the 2009 State Building Code Energy Conservation Code or (2) the energy conservation part of the 2012 State Building Code Residential Code if it would not have also been a violation of the 2009 State Building Code Residential Code.


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