REGULATORY REFORM 2.0.

View NCGA Bill Details2021
House Bill 911 (Public) Filed Monday, May 10, 2021
AN ACT TO PROVIDE ADDITIONAL REGULATORY RELIEF TO THE CITIZENS OF NORTH CAROLINA.
Intro. by Riddell, Bradford, Moffitt, Yarborough.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Aug 16 2021)
H 911

Bill Summaries:

  • Summary date: Aug 11 2021 - More information

    House amendments make further changes to the 3rd edition as follows.

    Amendment #4 establishes the 10-member House Select Study Committee on Developmental Permitting and Fees (Committee) to create a list of all permits issued by the Department of Environmental Quality that regulate public or private development and make seven described determinations from that list, in addition to addressing any other issues that the Committee deems appropriate. Determinations required include (1) how the permits interact with international, federal, and State law; (2) if administration could be better streamlined; and (3) if supplemental fees are necessary to cover the costs related to incomplete or inaccurate permit applications. Provides for member appointment by the Speaker of the House, monthly meetings, member expenses, and staffing. Requires the Committee to hold one meeting in each of the three regions of the State. Requires the Committee to report to the NCGA within 10 days of the convening of the 2022 Regular Session, at which time the Committee terminates. 

    Amendment #5 amends GS 143C-6-23, which requires the Office of State Budget and Management (OSBM) to adopt rules to ensure the uniform administration of State grants by all grantor State agencies and grantees or subgrantees, specifically establishing procedures for disbursements of State grants and for State agency oversight, monitoring, and evaluation of grantees and subgrantees. Eliminates the following from the required content of such policies and procedures. No longer requires the mandatory periodic reporting requirements to require grantees and subgrantees to file copies of reports and statements filed with State agencies with the State Auditor. Eliminates the requirement for State agencies to annually submit a list to the State Auditor of grantees to which the agency disbursed grant funds in the prior fiscal year; eliminates the coordinating provision that requires grantees and subgrantees to ensure that work papers in the possession of their auditors are available to the State Auditor for compliance monitoring. 


  • Summary date: Aug 5 2021 - More information

    House amendments make the following changes to the 3rd edition.

    Section 9

    Amendment #3 adds to the proposed changes to the sensitive security information excluded from public records under GS 132-1.7. Regarding the new exclusion of specific engineering, vulnerability, or detailed design information about proposed or existing critical infrastructure, whether physical or virtual, for the transmission or distribution of water from public record, adds that information pertaining to the lead content in the construction materials of a public water distribution system remains public record. 

    Section 10

    Amendment #2 adds to proposed GS 90-264(9), which specifies that Article 36, governing massage and bodywork therapists, does not prohibit or affect an individual who is a reflexology student working to obtain certification under the supervision of a certified reflexologist, by limiting the exemption to reflexology students who obtain certification within 12 months of beginning the certification process. 

    Section 12

    Amendment #1 adds the following new content. 

    Effective December 1, 2021, amends GS 130A-131.7 to include among the definition of lead poisoning hazard, any concentration of lead dust equal to or greater than 10 (was, 40) micrograms per square foot on floors or 100 micrograms (was, 250) per square foot on interior windowsills, or 250 milligrams per square foot on vinyl miniblinds, bathtubs, kitchen sinks, or lavatories. Additionally, changes the definition given for Department, applicable to Part 4, Article, GS Chapter 130A (governing lead poisoning in children), to now refer to the Department of Health and Human Services rather than the Department of Environmental Quality. Amends GS 130A-131.9C, as amended by SL 2021-69, to require that remediation plans require that the lead poisoning hazards be reduced to less than 10 micrograms per square foot for lead dust on floors, less than 100 micrograms per square foot for lead dust on interior windowsills, and less than 250 micrograms per square foot for lead dust on miniblinds, bathtubs, kitchen sinks, and lavatories. Makes technical changes. 


  • Summary date: Aug 5 2021 - More information

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

    Section 7

    Eliminates the proposed changes to Article 17, Dispensing Opticians, of GS Chapter 90. Makes conforming organizational changes to renumber the remaining sections of the act.

    Section 9

    Modifies the proposed changes to the sensitive security information excluded from public records under GS 132-1.7. Now adds to the exclusion for information containing specific details of public security plans and arrangements or the detailed plans and drawings of public buildings and infrastructure facilities to explicitly include detailed plans and drawings contained in (was, contained in or capable of being produced from) information storage systems or geographic information system databases. Revises the new exclusion, providing that specific engineering, vulnerability, or detailed design information about proposed or existing critical infrastructure, whether physical or virtual, for any of the following are not public record: (1) the production, generation, transmission, or distribution of energy and (2) the transmission or distribution of water (was, the treatment, transmission, or distribution of water). No longer includes in the new exclusion specific engineering, vulnerability, or detailed design information about proposed or existing critical infrastructure, whether physical or virtual, for the outfall, collection, or treatment of wastewater. 

    Adds a new directive requiring the Joint Legislative Commission on Governmental Operations to evaluate existing public records laws concerning vulnerabilities that might exist with respect to public utilities, critical infrastructure, and cybersecurity, and report to the 2022 Regular Session of the NCGA on or before its convening. 

    Adds the following new content.

    Section 10

    Amends GS 90-264 to specify that Article 36, governing massage and bodywork therapists, does not prohibit or affect national certified reflexologists engaged in the practice of reflexology, or an individual who is a reflexology student working to obtain certification under the supervision of a certified reflexologist, as described. Defines reflexology

    Section 11

    Eliminates the proposed revisions to the powers of the Environmental Management Commission under GS 143-215.111 regarding the power of the Commission to establish notice, comment, and hearing procedures related to application for permits required by Title V and implementing regulations adopted by the EPA. Instead, provides the following content in Section 11.

    Amends GS 90-187.8, regarding the NC Veterinary Medical Board's authority to discipline licensees. Specifies that the Board can also impose and collect civil penalties of up to $5,000 per violation of the Article or rules adopted thereunder from a veterinary facility permittee (previously, only explicitly provided for penalties from a licensee). 


  • Summary date: Jun 10 2021 - More information

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

    Section 2

    Changes the effective date for the proposed changes to GS 160D-1207(c), prohibiting local governments from adopting or enforcing any ordinance that would require any owner or manager of rental property to obtain any permit or permission from the local government to lease rental residential real property or to register rental property with the local government, with stated exceptions. Makes the changes effective October 1, 2021 (was effective on the date the act becomes law), and adds that any inconsistent ordinance or policy is void and unenforceable on or after that date.

    Section 3

    Regarding the proposed changes to GS 115C-270.20(a)(5), expanding the criteria of a residency teaching license (RL), adds that the proposed changes apply to individuals seeking licensure on or after the date the act becomes law.

    Changes the heading given to Section 5.

    Section 6

    Changes the heading given to Section 6.

    Revises the proposed changes to GS 62-110(g), now authorizing the Industrial Commission to adopt procedures that allow a lessor of any leased residential premises, as defined under GS 42-59(3) (was a lessor of a single-family dwelling, residential building, or multiunit apartment complex) to charge the costs of providing water or sewer service to persons who occupy the leased premises. Makes similar changes to subsections (h) and (i), authorizing the Industrial Commission to adopt procedures that allow a lessor of any leased residential premises, as defined under GS 42-59(3) (was a lessor of any single-family dwelling, residential building, or multiunit apartment complex) that has individually metered units for electric service or natural gas service in the lessor's name to charge for the actual costs of providing electric or natural gas service to each lessee. 

    Section 7

    Eliminates the proposed changes to GS 130A-343, enacting new subsection (j2) to allow manufacturers to petition the Commission for Public Health (Commission) to have a wastewater trench system approved as a trench dispersal system specifically identified in a rule adopted by the Commission as provided. 

    Instead provides for the following content in Section 7.

    Amends Article 17, Dispensing Opticians, of GS Chapter 90 as follows. Provides that the following acts do not constitute practicing as a dispensing optician: (1) selecting frames; (2) placing an order for the delivery of an optical aid; (3) transacting a sale; (4) transferring an optical aid to the wearer after an optician has completed fitting it; (5) minor repairs to glasses or spectacles; or (vi) providing instruction in the general care and use of an optical aid, including placement, removal, hygiene, or cleaning. Revises the qualifications of a registered licensed optician under GS 90-237 to include passing a national examination conducted by the State Board of Opticians (State Board) (was an examination conducted by the Board), and passing a national examination selected by the State Board to determine the applicant's fitness to engage in the business of a contact lens fitter if seeking certification as a contact lens fitter (replacing the requirement for completing a six month internship under the supervision of specified professionals in order to demonstrate proficiency in the areas of measurements of the face, fitting and adjusting glasses and frames, lens recognition, lens design, and prescription interpretation).

    Revises and adds to the examination requirements set forth in GS 90-240. Expands the provisions of subsection (a), making the provisions also applicable to applicants for certification as a contact lens fitter in addition to applicants for licensure as a dispensing optician. Adds that passing the national exam selected by the State Board is required in addition to completion of one of the three stated criteria, amended to reduce the apprenticeship criteria from two and a half years to two years, as specified. Revises the modified criteria for exam applicants for dispensing opticians who are graduates from an accredited college or university with a four-year degree, now allowing for successful completion of a one-year apprenticeship (was two-year), as specified, to satisfy the requirements. Changes the content requirements of the national exam for licensed dispensing opticians to no longer require the State Board to select an exam that includes the processes by which the products offered by dispensing opticians are manufactured. Adds a new requirement for the national exam to become a certified contact lens fitter selected by the State Board to be confined to the knowledge as is reasonably necessary to engage in the fitting of contact lenses, and requires the exam to be given at least biannually with at least 60 days' public notice (as is required for the national exam for dispensing opticians). Regarding credit for any nationally prepared or recognized exam, requires the State Board to credit an applicant certified by the American Board of Opticianry (ABO) or the National Contact Lens Examiners (NCLE) with completing the applicable NC exam to the extent that the ABO National Opticianry Competency Exam and the NCLE Contact Lens Registry Exam are accepted by the State Board (was credit an applicant with the score on any national test successfully completed in three years immediately preceding the date the applicant is scheduled to take the NC exam to the extent the test is included in the NC exam).

    Regarding waiver of written exam requirements, revises the waiver qualifications to include an applicant who meets the age and character requirements who (1) holds a license in good standing as a dispensing optician in another state or (2) has been certified by the ABO, NCLE, or other nationally recognized organization that certifies opticians, and who has engaged in the practice of opticianry in a state that does not license opticians for at least two of the four years immediately preceding the application to the Board (previously provided for licensees of another state in good standing who have engaged in the practice in the other state for four years immediately preceding the application only). Eliminates provisions regarding the admission of persons who have worked in opticianry for four years immediately preceding application who attain a passing exam score. 

    No longer grants authority for the State Board to adopt rules requiring the registration of places of business where ophthalmic dispensing is engaged in as a condition of dispensing, or for the registration of interns working under the supervision of a licensed optician. Maintains the authority to adopt rules for the registration of apprentices who are working under the supervision (was direct supervision) of a licensed optician. 

    Replaces the provisions of GS 90-252, now providing the following with regard to engaging in the practice without a license. Requires any person, firm, or corporation owning, managing, or conducting a store, shop, or place of business conducting optical dispensing to have a licensed dispensing optician at that store, office, place of business, or optical establishment in its employ and on duty all hours when acts constituting the business of optical dispensing are carried on, allowing for usual and customary absences including illness, meal breaks, and meetings away from establishment. Allows any licensed dispensing optician engaged in supervision of such store, office, place of business, or optical establishment, on the premises to be in charge of optical dispensing operations at an establishment without need for special registration. Requires any person, firm, or corporation representing to the public that optical dispensing is performed at the location, by means of advertisement or otherwise or by using the words, "optician," "licensed optician," "optical establishment," "optical office," "ophthalmic dispenser," or any combination of such terms within or without that store, to have the optical dispensing managed or conducted by persons holding a dispensing optician's license or apprentice registration. Makes it a Class 1 misdemeanor for any person, firm, or corporation to own, manage, or conduct optical dispensing without being licensed as an optician, being registered as an apprentice, or employing those persons who are on the premises for the appropriate hours and responsible for optical dispensing.

    Requires the State Board to adopt temporary rules.

    Effective October 1, 2021.

    Adds the following new content.

    Section 9

    Adds to the powers of a sanitary district set forth in GS 130A-55 to include the power to provide for the creation, maintenance, and operation of parks and recreation programs and facilities with all the powers provided to cities and counties under state law, excluding the power of eminent domain. 

    Section 10

    Revises sensitive security information excluded as public records under GS 132-1.7. Adds to the exclusion for information containing specific details of public security plans and arrangements or the detailed plans and drawings of public buildings and infrastructure facilities to explicitly include detailed plans and drawings contained in, or capable of being produced from, information storage systems or geographic information system databases. Adds a new exclusion, providing that specific engineering, vulnerability, or detailed design information about proposed or existing critical infrastructure, whether physical or virtual, for any of the following are not public record: (1) the production, generation, transmission, or distribution of energy; (2) the treatment, transmission, or distribution of water; and (3) the outfall, collection, or treatment of wastewater. Makes technical and clarifying changes.

    Section 11

    Revises the powers of the Environmental Management Commission under GS 143-215.111 regarding the power of the Commission to establish notice, comment, and hearing procedures related to application for permits required by Title V and implementing regulations adopted by the EPA. Adds that no public participation is required where an applicant seeks to modify an existing air permit to reclassify a facility from a major source to a minor source under either the Prevention of Significant Deterioration Program or emission of hazardous air pollutants. 

    Makes conforming changes to renumber the effective date provisions as Section 12.


  • Summary date: May 10 2021 - More information

    Section 1

    Requires the Building Code Council (Council) to implement Section D107 of the 2018 NC Fire Code and other provisions related to fire apparatus access roads for one- and two-family dwelling residential developments as follows. Directs the Council and Code enforcement official to not require an automatic sprinkler system in one- or two-family dwellings where there are fewer than 100 dwelling units on a single public or private fire apparatus access road with access from one direction. Requires the Council to adopt amendments consistent with this directive, as specified. 

    Section 2

    Amends GS 160D-1207(c) to prohibit local governments from adopting or enforcing any ordinance that would require any owner or manager of rental property to obtain any permit or permission from the local government to lease rental residential real property or to register rental property with the local government, with stated exceptions (was, limited to prohibiting permits or permissions under Articles 11 or 12 of the Chapter).

    Section 3

    Amends GS 115C-270.20(a)(5), expanding the criteria of a residency teaching license (RL) to require the governing body of a public school unit to request the RL, in addition to having other specified criteria met (previously limited to requests by the local board of education).

    Section 4

    Amends GS 115C-218.45 regarding enrollment priority for charter school admissions to include grandchildren of the charter school's board of directors in addition to the children of board members and children of employees or those working full time in the daily operation of the school, capped at 15% of the school's total enrollment unless waived by the State Board of Education (State Board).

    Section 5

    Enacts subsection (g) to GS 115C-218.5 to entitle charter schools to automatically extend any deadline to begin operations or commence the term of its charter until the next school year upon notification to the State Board by June 30 that it is seeking land use or development approvals for its selected site or facilities, or if it is challenging the denial of any requested land use or development approvals. Tolls the term of the charter issued during the period of any extension(s) issued under subsection (g).

    Section 6

    Amends GS 62-110(g) to more specifically authorize the Industrial Commission to adopt procedures that allow a lessor of a single-family dwelling, residential building, or multiunit apartment complex (previously more generally to allow a lessor) to charge the costs of providing water or sewer service to persons who occupy the leased premises. Adds new subdivision (1c) to allow the lessor to equally divide the amount of the water and sewer bill for a unit among all the lessees in the unit and to send one bill to each lessee, with billing prorated based on lease period. Allows for each bill to include an administrative fee of up to the amount of the then-current administrative fee authorized by the Industrial Commission in Rule 18-6 for water service, and a late fee as determined by the Commission if applicable. Prohibits charging the cost of water and sewer from any other unit or common area in the lessee's bill. Effective October 1, 2021.

    Section 7

    Amends GS 130A-343, enacting new subsection (j2) to allow manufacturers to petition the Commission for Public Health (Commission) to have a wastewater trench system approved as a trench dispersal system specifically identified in a rule adopted by the Commission as provided. Defines trench dispersal systems specifically identified in rule as any trench dispersal system that (i) has been demonstrated to perform in a manner equal or superior to a trench dispersal system specifically identified in a rule adopted by the Commission; (ii) is constructed of materials whose physical and chemical properties provide the strength, durability, and chemical resistance to allow the system to withstand loads and conditions as required by rules adopted by the Commission; and (iii) has been approved by the Commission as a trench dispersal system specifically identified in a rule adopted by the Commission.

    Requires the Commission to issue a limited approval for the installation of up to 1,000 wastewater trench systems as a trench dispersal system specifically identified in a rule adopted by the Commission when five conditions are met regarding dimensional requirements, installation, physical property, chemical durability, structural integrity, and functional design. 

    Requires the Commission to approve the wastewater trench system from limited use to general use, allowing an unlimited number of installations, when the manufacturer provides specified information to the Commission, including (1) a survey of system hydraulic performance on at least 30 randomly selected systems currently in use and in operation for at least 12 months, as specified; and (2) a survey of system wastewater treatment efficacy for a system proposed for approval as a prefabricated, permeable block panel system, as specified. Requires the surveys to be conducted by an independent third-party professional engineer or licensed soil scientist, with reporting to the Commission as specified.

    Requires Commission approval of a wastewater trench system as a trench dispersal system specifically identified in a rule adopted by the Commission to identify the approved system using a name assigned in an adopted rule. Prohibits the Commission, the Department of Health and Human Services, or a local health department from conditioning, delaying, or denying permitting of such system identified on a permit issued by a permitting authority. Prohibits the Commission from including conditions and limitations in the approval of a wastewater trench system as a trench dispersal system specifically identified in a rule adopted by the Commission that are not described in the applicable rule.

    Section 8

    Authorizes Tabor City to participate in State and federal railroad revitalization programs necessary to ensure continued or improved rail service to the city as authorized by GS Chapter 136. Further authorizes the City to contract with the Department of Transportation to provide for the nonfederal matching funds for such programs, which can be comprised of State funds distributed under GS 136-44.38, or city funds. Authorizes the City to level local property tax for such programs subject to the rate cap in GS 160A-209(d). Prohibits using more than 10% city funding for any project. Expires December 31, 2026.

    Section 9

    Provides that the act becomes effective on the date the act becomes law, unless otherwise provided. 


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