DCNR OMNIBUS & OTHER CHANGES. (NEW)

View NCGA Bill Details2019-2020 Session
Senate Bill 433 (Public) Filed Thursday, March 28, 2019
AN ACT TO MAKE VARIOUS CHANGES TO THE STATUTES GOVERNING THE DEPARTMENT OF NATURAL AND CULTURAL RESOURCES AND TO REMOVE CERTAIN LANDS FROM THE STATE NATURE AND HISTORIC PRESERVE, AS RECOMMENDED BY THE DEPARTMENT; TO AMEND CERTAIN REPORTS OF THE NORTH CAROLINA POLICY COLLABORATORY TO THE GENERAL ASSEMBLY; TO CLARIFY CERTAIN APPROPRIATIONS IN THE 2018 HURRICANE FLORENCE DISASTER RECOVERY ACT; TO CORRECT AN EFFECTIVE DATE; TO REPEAL AND REPLACE AN ACT PROVIDING FOR EMERGENCY OPERATING FUNDS FOR UTILITIES; TO ADJUST FOR INFLATION THE THRESHOLD FOR DEPARTMENT OF ADMINISTRATION APPROVAL OF STATE LEASES; AND TO CLARIFY AND AMEND THE SEPTIC TANK SITE SUITABILITY DETERMINATION PROCESS.
Intro. by Burgin, Ballard, Woodard.

Status: Ch. SL 2019-241 (Nov 6 2019)

SOG comments (3):

Long title change

Senate committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO MAKE VARIOUS CHANGES TO THE STATUTES GOVERNING THE DEPARTMENT OF NATURAL AND CULTURAL RESOURCES, AS RECOMMENDED BY THE DEPARTMENT.

Long title change

House committee substitute to the 3rd edition changed the long title.  Previous title was AN ACT TO MAKE VARIOUS CHANGES TO THE STATUTES GOVERNING THE DEPARTMENT OF NATURAL AND CULTURAL RESOURCES AND TO REMOVE CERTAIN LANDS FROM THE STATE NATURE AND HISTORIC PRESERVE, AS RECOMMENDED BY THE DEPARTMENT.

Long title change

Conference report changed the long title.  Previous title was AN ACT TO MAKE VARIOUS CHANGES TO THE STATUTES GOVERNING THE DEPARTMENT OF NATURAL AND CULTURAL RESOURCES AND TO REMOVE CERTAIN LANDS FROM THE STATE NATURE AND HISTORIC PRESERVE, AS RECOMMENDED BY THE DEPARTMENT; TO MAKE ADDITIONS TO CERTAIN REPORTS OF THE NORTH CAROLINA POLICY COLLABORATORY TO THE GENERAL ASSEMBLY; TO CLARIFY CERTAIN APPROPRIATIONS IN THE 2018 HURRICANE FLORENCE DISASTER RECOVERY ACT; TO CORRECT AN EFFECTIVE DATE; AND TO REPEAL AND REPLACE AN ACT PROVIDING FOR EMERGENCY OPERATING FUNDS FOR UTILITIES.

Bill History:

S 433/S.L. 2019-241

Bill Summaries:

  • Summary date: Nov 13 2019 - More information

    AN ACT TO MAKE VARIOUS CHANGES TO THE STATUTES GOVERNING THE DEPARTMENT OF NATURAL AND CULTURAL RESOURCES AND TO REMOVE CERTAIN LANDS FROM THE STATE NATURE AND HISTORIC PRESERVE, AS RECOMMENDED BY THE DEPARTMENT; TO AMEND CERTAIN REPORTS OF THE NORTH CAROLINA POLICY COLLABORATORY TO THE GENERAL ASSEMBLY; TO CLARIFY CERTAIN APPROPRIATIONS IN THE 2018 HURRICANE FLORENCE DISASTER RECOVERY ACT; TO CORRECT AN EFFECTIVE DATE; TO REPEAL AND REPLACE AN ACT PROVIDING FOR EMERGENCY OPERATING FUNDS FOR UTILITIES; TO ADJUST FOR INFLATION THE THRESHOLD FOR DEPARTMENT OF ADMINISTRATION APPROVAL OF STATE LEASES; AND TO CLARIFY AND AMEND THE SEPTIC TANK SITE SUITABILITY DETERMINATION PROCESS. SL 2019-241. Enacted November 6, 2019. Effective November 6, 2019, except as otherwise provided.


  • Summary date: Oct 31 2019 - More information

    Conference report makes the following changes to the 5th edition.

    Requires the North Carolina Policy Collaboratory (Collaboratory) to submit an interim report with the results of its studies on aqueous film-forming foam used or stored by fire departments in the state by April 1, 2020, and requires a final report by October 15, 2020 (was, the results of the studies were to be included in the final report required by the specified session law and required an interim report no later than April 1, 2020). Amends Section 13.1(g) of SL 2018-5 to extend the date by which the Collaboratory must report on the results of nontargeted analysis for PFAS at all public water supply surface water intakes and one public water supply well selected by each municipal water system operating groundwater wells for public drinking water supplies, to October 15, 2020 (was, December 1, 2019); also adds the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources to the entities to receive the report on those sampling results. 

    Modifies S 553 (Regulatory Reform Act of 2019), subject to that act becoming law, to postpone the effective date of Section 12, which amends GS 159G-23 concerning priority consideration for certain applications for loans and grants from the Wastewater Reserve or Drinking Water Reserve, from July 1, 2019, to December 1, 2019 (was, November 1, 2019).

    Adds a section amending GS 146-25.1 to provide that if the Department of Administration determines it is in the State's best interest to lease or rent land and the rental is estimated to exceed $40,000 (was, exceed $25,000) per year or the term will exceed three years, the Department of Administration must require the State agency desiring to rent land to prepare and submit a set of specifications for its needs for the Department's approval.

    Adds a section that amends GS 130A-335(j) if S 553 (Regulatory Reform Act of 2019) becomes law, to allow a local health department to determine site suitability for a ground absorption sewage treatment and disposal system under rules adopted by the Commission for Public Health, or site suitability may be determined according to GS 130A-336.1 if substantiating data indicates the system can be expected to function satisfactorily and the system and effluent meet the stated conditions (was, under rules adopted by the Commission or according to GS 130A-336.1 where all of the stated conditions are indicated). Adds that a registered environmental health specialist employed by, or under contract with, a local health department who determines site suitability in accordance with (j) is not considered an authorized agent of the Department of Health and Human Services. Gives the Department immunity from liability for wastewater systems designed, constructed, and installed under (j).

    Makes conforming changes to the act's long title.


  • Summary date: Oct 2 2019 - More information

    House amendment to the 4th edition makes the following changes.

    Adds new Section 9.5. Permits any funds appropriated to the Hurricane Florence Disaster Recovery Fund and allocated to the Department of Environmental Quality (DEQ) for the Coastal Storm Damage Mitigation Fund to be used for coastal storm damage in any county designated under a Presidential major disaster declaration with respect to any natural disaster occurring after January 1, 2016, causing damage to the ocean beaches and dune systems in that county. Prohibits requiring fund recipients to determine which major disaster caused particular coastal storm damage.


  • Summary date: Oct 1 2019 - More information

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

    Eliminates the proposed changes to Article 55, Regulation of Certain Reptiles, of GS Chapter 55, set forth in previous Section 3.

    Adds the following new provisions.

    Section 7

    Directs the NC Policy Collaboratory (Collaboratory) to create an inventory of aqueous film-forming foam (AFFF) used or stored by fire departments in the state operated, managed, or overseen by local governments. Requires the inventory to include those fire departments that are located at or serve airports. Details the minimum information the Collaboratory's inventory must be comprised of, including identifying information of each fire department that owns or has on its premises a firefighting vehicle that carries AFFF or a storage tank or other vessel for AFFF; the volume, trade name, and CAS number of AFFF used by each department in 2018 for fighting fires or firefighting training; and the annual cost of acquiring AFFF and last known purchases of AFFF for each fire department. Requires the Office of the State Fire Marshal and local governments to assist the Collaboratory upon request. Additionally, directs the Collaboratory to develop a proposal for identifying and collecting AFFF that is expired or no longer wanted or needed by each of these fire departments, as specified. Requires the Office of the State Fire Marshal, the Department of Environmental Quality (DEQ), the Department of Health and Human Services (DHHS), and the Department of Public Safety (DPS) to assist the Collaboratory upon request. Requires the Collaboratory to include the results of these studies in its final report required by Section 13.1(g) of SL 2018-5 (concerning the coordination of specified faculty and resources, and establishment of a protocol for testing certain public water supply samples for specified chemicals), and provide an interim report to the specified NCGA committee and the Environmental Review Commission by April 1, 2020.

    Sections 8 and 9

    Explicitly authorizes funds appropriated to the Hurricane Florence Disaster Recovery Fund and allocated to DEQ for a coastal beach and dredging needs assessment to be used for a dredge material management plan to assess any non-federal disposal area for dredged material in the State. Amends Section 1.3 of SL 2018-138 (Hurricane Florence/Supplemental Act), which allocates $18.5 million to DEQ for the Coastal Storm Damage Mitigation Fund and limits the use of the allocated funds to provide no more than 50% of the nonfederal share for a federally funded eligible project and no more than 50% of the total cost of an eligible project that is not federally funded. Modifies the limitations set forth for the allocated funds to now restrict use of the funds to provide no more than 50% of the total cost of an eligible project. Adds a new provision to require DEQ to disburse the funds for any eligible project in a single payment upon the execution of a grant contract between the State and a local government, and to require local government grantees to revert any portion of State funds subsequently reimbursed by federal funding.

    Section 10

    Modifies SB 553 (Regulatory Reform Act of 2019), subject to that act becoming law, to postpone the effective date of Section 12, which amends GS 159G-23 concerning priority consideration for certain applications for loans and grants from the Wastewater Reserve or Drinking Water Reserve, from July 1, 2019, to November 1, 2019. Effective July 1, 2019.

    Section 11

    Repeals SL 2019-226 (Emergency Operating Funds for Utilities), which enacted GS 159G-25.5, Emergency expenditure for operating deficits incurred by certain public water systems and wastewater systems, effective October 1, 2019. Provides a savings clause for any rights, obligations, or liabilities of the State or local government arising under SL 2019-226 as it existed prior to repeal. 

    Authorizes DEQ to use funds in the Wastewater Reserve or the Drinking Water Reserve to provide grants to the Local Government Commission (Commission) to cover operating deficits, as defined, in an enterprise funds accounting for a public water or wastewater system. Restricts funding availability to instances in which either (1) the Commission has assumed control over the affairs of the public water or wastewater system or of the local government or public authority that owns or operates the public water or wastewater system; or (2) the local government or public authority that owns or operates the public water or wastewater system has had its charter suspended or revoked by local act. Limits funding under the provisions to no more than $1 million in each fiscal year. Requires grant applications to be filed by the Commission on behalf of the local government. Excludes the applications from the provisions of GS 159G-37(b), which requires local governments to certify that grant funds are not used to supplement the resources of the general fund. Sunsets these provisions on the earlier of the date HB 966 (Appropriations Act of 2019) becomes law, or June 30, 2020.

    Makes the following changes, subject to SB 553, HB 966, or legislation substantially similar to Section 12.15, Water/Wastewater Public Enterprise Reform, of HB 966, becoming law.

    Enacts GS 159G-20(14a), adding operating deficit to the Chapter's defined terms.

    Enacts GS 159G-32(d)(6), adding the provision of emergency grants for operating deficits for certain local governments to the permitted uses of grants from the Viable Utility Reserve (Reserve, established under GS 159G-22(h), enacted in HB 966, Section 12.15). 

    Enacts GS 159G-34.5(a)(4), adding emergency grants for operating deficits to the types of grants available from the Reserve (GS 159G-34.5 is enacted in HB 966, Section 12.15).

    Amends GS 159G-36(d), limiting emergency grants for operating deficits from the Reserve to $750,000 in any fiscal year. Also restricts the award of these grants to no more than three consecutive fiscal years. Makes conforming changes.

    Enacts GS 159G-31(e), making the Commission eligible to apply for an emergency grant for an operating deficit from the Reserve on behalf of a local government.

    Makes conforming changes to the act's titles.


  • Summary date: Jun 26 2019 - More information

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

    Eliminates the proposed recodification and changes to GS 143-323, which transferred the existing duties of the Department of Environmental Quality under the statute to the Department of Natural and Cultural Resources (DNCR) and designated the Director of the Division of Parks and Recreation as having the authority and responsibility to accept and administer funding through the federal Land and Water Conservation Fund or any successor fund established for similar purposes. Makes conforming organizational changes.

    Makes clarifying change to GS 143-260.10(21)c.

    Amends GS 143B-135.229 to authorize DNCR to enter into agreements with nonprofit organizations to establish and administer satellite museums of the NC State Museum of Natural Sciences in compliance with the NC Science Museums Grant Program statutory requirements. 


  • Summary date: May 1 2019 - More information

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

    Makes the changes to GS 143B-135.16, making certain Class 3 misdemeanors infractions at state parks, effective December 1, 2019. 

    Amends GS 14-417.2 to return to the current language in the statute to require only permanent enclosures (was, enclosures in general in the previous edition) to be escape-proof and have a fence sufficient to prevent contact between an observer and the crocodilian and have an operable lock. 

    Adds a section to the act as follows. Amends GS 143-260.10 by removing specified tracts from the following, which are components of the State Nature and Historic Preserve: (1) William B. Umstead State Park, (2) Hanging Rock State Park, and (3) Chimney Rock State Park. 

    Amends the act's long title.


  • Summary date: Mar 28 2019 - More information

    Amends the title of GS Chapter 143 B, Article 2, Part 39, to read "North Carolina Zoological Park." Enacts new GS 143B-135.204 to allow the Secretary of the Department of Natural and Cultural Resources (DNCR) to adopt rules governing the operation of the Zoological Park. Allows the Secretary to acquire, dispose of, and develop Zoological Park property and sets requirements for conducting a sale, lease, or trade.

    Amends GS 143B-135.16, which makes a violation of DNCR's rules governing public use of State parks and State lakes under its charge a Class 3 misdemeanor. Now specifies the following seven rule violations punishable as an infraction, punishable by a penalty not to exceed $25: (1) parking a motor vehicle outside of a designated area; (2) using skateboards and similar devices in prohibited areas; (3) bathing animals or washing clothes or motor vehicles; (4) bathing, surfing, diving, swimming, and the like in undesignated areas; (5) carrying or depositing glass, crockery, or any metallic substance on a swimming area or beach; (6) using boats, rafts, canoes, and other vessels in designated swimming areas; and (7) fishing in nondesignated areas. Adds a prohibition that a person found responsible for a violation carrying a penalty of an infraction of the statute cannot also be assessed court costs for the infraction.

    Amends GS 14-417, GS 14-417.1, and GS 14-417.2 by removing the distinction between requirements for permanent enclosure and transport containers for venomous reptiles, large constricting snakes, and crocodilians, to now require all enclosures be designed to be escape-proof, bite-proof, and have an operable lock. Amends GS 14-419 to require that when a law enforcement officer or animal control officer has probable cause to believe that any of the provisions of Article 55 (Regulation of Certain Reptiles) have been or are about to be violated, the officer is authorized and empowered (was, it is the officer's duty and the officer is authorized, empowered, and directed) to immediately investigate and consult with the representatives of the specified entities which have been expanded to also include a designated representative of the DNCR. The consultation is to identify the species, assist with determining interim disposition, and recommend appropriate and safe methods to handle and seize the reptile involved; no longer requires delivering the reptile to the specified entities depending on reptile type. Amends the conditions under which the consultation is not required to now include instances in which there has been an escape of one or more reptiles or when an officer has probable cause to believe that one or more reptiles are being owned, possessed, used, transported, or trafficked and the officer determines that there is an immediate risk to the safety of the officer or public. Makes additional conforming and clarifying changes. Deletes GS 14-402, which makes it the duty of the officer making the seizure with probable cause to believe that the reptile is being owned, possessed, used, transported, or trafficked to arrest all persons in violation of Article 55. 

    Recodifies GS 143-323(a) and (d) as GS 143B-135.60(a) and (b), concerning duties of the Department of Environmental Quality (DEQ) regarding recreation. Transfers the existing duties of DEQ under the statute to DNCR. Additionally, designates the Director of the Division of Parks and Recreation as having the authority and responsibility to accept and administer funding through the federal Land and Water Conservation Fund or any successor fund established for similar purposes. Authorizes the DNCR Secretary to designate additional personnel to assist the Division Director in the responsibility.

    Amends GS 140-5.15 to no longer require the Board of Trustees of the North Carolina Museum of Art to adopt rules and regulations governing the employment, promotion, demotion, and dismissal of associate directors and curators.

    Makes a technical correction to stautory cross-references in GS 113A-129.3.

     


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