AN ACT TO IMPROVE AND STREAMLINE THE REGULATORY PROCESS IN ORDER TO STIMULATE JOB CREATION, TO ELIMINATE UNNECESSARY REGULATION, TO MAKE VARIOUS OTHER STATUTORY CHANGES, AND TO AMEND CERTAIN ENVIRONMENTAL AND NATURAL RESOURCES LAWS. Enacted August 23, 2013. Effective August 23, 2013, except as otherwise provided.
|View NCGA Bill Details||2013-2014 Session|
AN ACT TO IMPROVE AND STREAMLINE THE REGULATORY PROCESS IN ORDER TO STIMULATE JOB CREATION, TO ELIMINATE UNNECESSARY REGULATION, TO MAKE VARIOUS OTHER STATUTORY CHANGES, AND TO AMEND CERTAIN ENVIRONMENTAL AND NATURAL RESOURCES LAWS.Intro. by Murry, Moffitt, Samuelson, Bryan.
Summary date: Sep 3 2013 - More information
Summary date: Jul 24 2013 - More information
Conference report makes the following changes to the 3rd edition.
Part II. State and Local Government Regulations
Amends GS 153A-348 (counties) and GS 160A-364.1 (cities) to provide that if a use existed prior to the adoption of the zoning or unified development ordinance making that use a violation, and that use is provided grandfathered statusand subsequently terminated for any reason, then the respective county or city must bring an enforcement action within 10 years of the date of the termination of the grandfathered status, unless the violation poses an imminent hazard to health or public safety.
Amends Part 3 of Article 1 of GS Chapter 116, adding new GS 116-40.11 to provide for a right to representation by a licensed attorney or non-attorney advocate, at the student's own expense,for any student enrolled at a constituent institution of the University of North Carolina who is accused of a violation of the disciplinary or conduct rules of the constituent institution. Provides an exception to the right to be represented(1) if the constituent institution has implemented a "Student Honor Court" which is fully staffed by students to address such violations and (2) for any allegation of "academic dishonesty" as defined by the constituent institution. Provides similar provisions applicable to any student organization, officially recognized by a constituent institution, that is accused of a violation of the disciplinary or conduct rules of the constituent institution. Specifies that nothing in this section is to be construed to create a right to be represented at a disciplinary proceeding at public expense. Effective whenthe sectionbecomes law and applies to all allegations of violationsoccurring on or after that date.
Requires each constituent institution to track certain data on the disciplinary proceedings and to report the data to the Board of Governors of the University of North Carolina. Directs the Board of Governors to submit a combined report to the Joint Legislative Education Oversight Committee and the House and Senate Education Appropriations Subcommittees by May 1, 2014.
Provides that a city or county may not enact an ordinance to regulate a field that is also regulated by a state or federal law enforced by an environmental agency or that regulates a field that is also regulated by a rule adopted by an environmental agency. Provides an exception to allow a city or county to enact an ordinance that regulates a field that is also regulated by state or federal law enforced by an environmental agency or regulates a field that is also regulated by a rule adopted by an environmental agency if the ordinance is approved by a unanimous vote of the members present and voting. Applies to ordinances enacted on or after the effective date for this section (effective when it becomes law). Provides that this section expires October 1, 2014. Defines environmental agency for the purposes of this section.
Directs the Environmental Review Commission to study the circumstances under which cities and counties should be authorized to enact ordinances (1) that regulate fields already regulated by federal or state statute and (2) that are more stringent than state or federal statute or state rule. Requires the Commission to report its findings and recommendations to the 2014 Regular Session of the 2013 General Assembly.
Part III. Business and Labor Regulations
Repeals GS 58-89A-5(8) which defines hazardous financial condition. Amends GS 58-89A-50 to change the surety bond requirement under subsection (a)from the existing formula based on the applicant's prior year compensation to a flat amount of $100,000 and authorizes the applicant to submit in lieu of a surety bond an irrevocable letter of credit from an FDIC-insured financial institution or a cash deposit. Deletes subsection (d) (which prohibited a licensee from requiring a client to contribute to the licensee's surety bond payment). Amends GS 58-89A-60(b) to change the standard applicable tothe financial information submitted bya licenseapplicant from demonstrating that the applicant is not in a hazardous financial condition to demonstrating that the applicant meets the financial requirements specified by the Commissioner of Insurance. Amends GS 58-89A-95.Requires the licensee togive written notice of theProfessional Employer Organization (PEO) agreementto each employee assigned to a client company work site.Deletes subsection (c), which requires the licensee to give each employee written notice when the employee ceases to be an employee. Amends GS 58-89A-100 by deletinglanguage in subsection (1) requiring the contract between a licensee and a client company to reserve to the licensee the right of direction and control over its own employees assigned to the client while allowing the client to retain sufficient control over the licensee'semployees necessary to conduct the client's business. Deletes subsection (4) (which requires the contract to reserve to the licensee the right to hire, fire, and discipline its employees). Instead provides that a licensee has the right to hire, discipline, and terminate an assigned employee as necessary to fulfill the licensee's responsibilities under this Chapter and a PEO agreement. Also provides that the client company has the right to hire, discipline, and terminate an assigned employee. Repeals GS 58-89A-155(a)(4) (which relates to a notice requirement under a different Article within Chapter 58). Provides that this section becomeseffectiveOctober 1, 2013.
Amends GS 110-90.2 to provide that the required criminal history for a child care provider must be completed within 15 business days (was, 15 calendar days) of the receipt of the properly submitted request from the Department of Health and Human Services (DHHS). Provides that if the check reveals no criminal history, DHHS is to make a determination of the fitness of the childcare provider within 15 calendar days of receiving the results of the criminal background check. However, if the check reveals that the provider has a criminal history as defined by subdivision (a)(3) of this section, then DHHS has 30 business days from the receipt of the criminal background check to make a determination of the fitness of the provider.
Amends GS 160A-194 (cities) and GS 153A-134 (counties) to prohibit cities and counties from regulating and licensing digital dispatching services for prearranged transportation services for hire. Also amends GS 160A-304 to specify additional transportation for hire related activities and practices which a city is prohibited from adopting an ordinance to regulate.
Part IV. Environmental and Public Health Regulations
Amends GS 130A-248(g) to require that all hotels, motels, tourist homes and other establishments that provide lodging for pay toinstall either a battery operated or electrical carbon monoxide detector in every enclosed space meeting specified conditions. Effective October 1, 2013, and expires October 1, 2014. Further amends subsection (g), effective October 1, 2014, to require all hotels, motels, tourists homes, and other establishments that provide lodging for pay to have carbon monoxide detectors installed in every enclosed space meeting identified conditions and addsthe requirement that the carbon monoxide detectors must receive primary power from the building's wiring where the wiring is served from a commercial source and receive power from a battery when the primary power source is interrupted.
Directs the Building Code Council, DHHS, and the Commission for Public Health to jointly study the requirements for installing carbon monoxide detectors in lodging establishments to determine whether the requirements enacted in this act are adequate to protect the public health and safety of the traveling public. Requires that the findings and recommendations of the study be reported to the General Assembly no later than April 15, 2014.
Part V. Amend Environmental Laws
Deletes Sections 31 and 32 of this act, dealing with regulations applicable to the Mining and Energy Commission.
Amends GS 87-97(e) to provide that if a local health department fails to respond to an application to construct or repair a well within 30 days, the permit to construct or repair the well is to be automatically issued and the local health department may challenge the issuance of the permit as provided in GS Chapter 150B.
Amends GS 143-215.1(j)(3) to clarify thata violation of groundwater quality standards includesa violation occurring in limestone aquifers in Coastal Plain sediments.
Directs the Environmental Review Commission to study state stormwater programs and to report its findings and recommendations to the 2014 Regular Session of the 2013 General Assembly.
Deletes proposed changes to GS 89C-19, concerning public works and safety requirements.
Directs the Department of Environment and Natural Resources (DENR) in conjunction with theDepartment of Transportationand DHHS, as well as local governments operating delegated permitting programs on behalf of the state departments, to study their internal processes for review of applications and plans submitted for approval. Sets out four specific areas that the entities should examine, including the mechanisms in place to ensure that staff who are not professional engineers are not engaged in the unauthorized practice of engineering. Findings and recommendations are to be submitted to the Environmental Review Commission (ERC) no later than January 1, 2014. The ERC, in consultation with specified entities, will study the matter and report its findings and recommendations to the 2014 General Assembly.
Part VI. Solid Waste Reform Provisions
Amends GS 130A-294(a)(4)c.9 to make a clarifying change, providing this subdivision applies only to the extent required by federal law.
Amends GS 130A-295.6(a), concerning requirements for sanitary landfills, providing thatan applicant for a proposed sanitary landfill must contract with a qualified third-party, approved by DENR, to conduct a study of the environmental impacts of any proposed sanitary landfill, in conjunction with its application for new permits pursuant to GS 130A-295.8. Requires the applicant for a sanitary landfill to pay all costs incurred by complying with the public notice and public hearing requirements of this subsection. Makes a clarifying change to GS 130A-295.6(d). Amends GS 130A-295.6(h), concerning leachate collection lines, providing that remote camera inspections of leachate collection lines must occur upon the completion of construction of any sanitary landfill and at least once every five years (previously, cleaning was required at least once a year, with a few exceptions). Requires the cleaning of leachate collection lines to the point necessaryto ensureproper functioning of the lines and to address the buildup of leachate over the landfill liner. Enacts new requirements regarding the requirements for daily cover at sanitary landfills, providing that when DENR has approved the use of an alternative method of daily cover for use at landfills, that alternative method will be approved for use at all landfills located in the state. Sets outnew requirements that provide for the study, research, and development of alternative disposal techniques and waste-to-energy matters by landfills that are authorized toreceive more than 240,000 tons of waste per year, including researching the development of alternative disposal technologiesby providingaccess to nonproprietary information and site resources to local community or state colleges and universities and other parties and the performance of a feasibility study of landfill gas-to-energy and other waste-to-energy technology.
Provides that the Commission for Public Health cannot require vehicles or containers used for the collection and transportation of solid waste to be leak-proof; however, they can require the design of these containers to be leak-resistant according to industry standards. Requires the Commission to adopt a rule identical to this provision to replace the Collection and Transport Rule and for purposes of this act and implementation can be found at 15A NCAC 13B .0105. Upon adoption of a permanent rule by the Commission, the provisions of this section will expire.
Amends GS 20-116(g), concerning the size of vehicles and their load, providing, for the purposes of this subsection, the terms "load" and "leaking" do not include water accumulated from precipitation.
Amends GS 130A-290 by adding a new subdivision which defines leachate as meaning a liquid that has passed throughor emerged from solid waste and contains soluble, suspended, or miscible materials removed from such waste. Provides that the term "leachate" does not include liquid adheringto tires of vehicles leaving a sanitary landfill and transfer stations.
Amends GS 153A-292(b) and GS 160A-314.1, concerning fees for collection of solid waste,to clarifythat, except as provided in these subsections, a fee for use of adisposal facilitymay not exceed the cost of operating the facility. Provides that the fee can exceed costs if the city or county enters into a contract with another county or city to accept the other entity's solid waste and the city or county by ordinance levies a surcharge on the fee, which can be used for any purpose for which the county or citycan appropriate funds.
Amends GS 160A-314 to authorize cities and counties to transfer excess funds from a utility or public service enterprise fund used for the operation of a landfill in order to be used to support other services provided for by the city orcounty's general fund.
Amends GS 130A-294(b1), providing that local governments can elect to include a surcharge on other local governments' waste as part of a franchise agreement entered into with a private landfill owner or operator.Applicable to franchise agreements executed on or after the effective date.
Effective August 1, 2013.
PartVII. Industrial Commission
Amends GS 97-78(b), deleting language that provided that the administrator and executive secretary appointed pursuant to this subsection were subject to the State Personnel System. Amends GS 97-79(b), providing that deputies appointed pursuant to this subsection will not be considered hearing officers within the meaning of GS 126-5(d)(7). Effective July 1, 2015.
Also makes technical corrections and additional clarifying changes to this act.
Summary date: Jul 18 2013 - More information
Senate committee substitute to the 2nd edition makes the following changes. Much of the new language added to the bill is also found in the 6th edition of S 112 (Create Jobs Through Regulatory Reform) and the 4th edition of H 94 (Amend Environmental Laws 2013).
Part I. Improve Rule Making Process
Amends GS 150B-2 to define policy as any nonbinding interpretive statement within the delegated authority of an agency that merely defines, interprets, or explains the meaning of a statute or rule.
Amends GS 150B-21.4 to require an agency to obtain certification that funds required by a proposed rule change are available from the Office of State Budget and Management before adopting a permanent rule change that would require the expenditure or distribution of funds subject to the State Budget Act. Requires the agency to submit the text of the proposed rule change, analysis of the change, and a fiscal note on the change at the time the agency submits the notice of text for publication. Also requires that the analysis made to determine if the rule will result in increased DOT costs that must be done when an agency adopts a rule affecting environmental permitting of Department of Transportation (DOT) projects be conducted and submitted to the Board of Transportation when the agency submits the notice of texts for publication (was, before the agency publishes the proposed text). Makes conforming changes triggering other text and fiscal note submissions before an agency adopts a permanent rule change (was, before an agency publishes the proposed text). Changes the definition of substantial economic impact to mean an aggregate financial impact on all persons affected of at least $3 million (was, at least $500,000) in a 12-month period.
Amends proposed GS 150A-21.3A from the previous edition by providing that the Rules Review Commission has broad authority to modify the schedule and extend the time for review in appropriate circumstances. Adds a new subsection to provide that rules adopted to conform to or implement federal law do not expire as provided in the act. Requires the Rules Review Commission to report annually to the Joint Legislative Administrative Procedure Oversight Committee on any rules that do not expire under the new subsection. Retains all other changes made by the previous edition of the act.
Provides that if GS 150B-21.3A becomes law, the Rules Review Commission must subject rules adopted by the Environmental Management Commission related to surface water quality and wetlands to review in the first year that the RRC establishes for the review of existing rules in accordance with GS 150B-21.3A.
Requires the Joint Legislative Administrative Procedure Oversight Committee to study the exemptions from rulemaking, including evaluating the continued need for each exemption and potential consequences of repeal. Requires a report to the 2014 Session of the 2013 General Assembly.
Part II. State and Local Government Regulations
Amends GS 153A-449 and GS 160A-20.1 (both concerning contracts with private entities) to add that a county or city may not require a private contractor under the statute to abide by any restriction that the city our county could not impose on all of its employers as a condition of bidding on a contract. Effective when the act becomes law and applies to contracts entered on or after that date.
Amends GS 153A-340 and GS 160A-381 to add that a zoning or unified development ordinance may not differentiate in terms of the regulations applicable to fraternities or sororities between those that are approved or recognized by a college or university and those that are not.
Amends GS 130A-247 to amend the definition of private club to include an organization that meets the definition of a private club in GS 18B-1000(5).
Amends GS 136-133.1 to allow the Department of Transportation, at the request of the selective vegetation removal permittee, to approve plans for the cutting, thinning, pruning, or removal of vegetation outside of the cut or removal zone along acceleration or deceleration ramps if the view to the ad will be improved and the total aggregate area of cutting or removal does not exceed the maximum allowed in the statute. Allows tree branches within a highway right of way that encroach into the zone created by points A, B, D. and E (was, points A, C, and D).
Enacts new GS 136-131.2 to prohibit a city, county, local or regional zoning authority, or other political subdivision from, without paying just compensation, regulating or prohibiting the repair or reconstruction of any outdoor advertising for which there is in effect a valid DOT permit as long as the square footage of the advertising surface area is not increased.
Requires the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services to amend its Records Retention and Disposition Schedule Manual to provide that if a Medicaid service has been eliminated by the state, the provider must retain records for three years after the last date of the service, unless a longer period is required under federal law. Allows records to be destroyed or transferred, at the termination of that time period, to a state agency or contactor identified by the Department of Health and Human Services.
Requires the Joint Legislative Program Evaluation Oversight Committee to include in the 2013-14 Work Plan for the Program Evaluation Division a study to evaluate the structure, organization, and operation of the various independent occupation licensing boards. Specifies issues to be included in the study. Requires the Program Evaluation Division to report to the Joint Legislative Program Evaluation Oversight Committee and the Joint Legislative Administrative Procedure Oversight Committee at a time to be determined.
Enacts new GS 160A-204 and GS 153A-145.1, both titled Transportation impact mitigation ordinances prohibited, providing that no city or county can enact or enforce an ordinance, rule, or regulation that requires an employer to assume financial, legal, or other responsibility for the mitigation of the impact of their employees' commute or transportation to or from the workplace that may result in the employer being subject to a fine, fee, or other monetary, legal, or negative consequences.
Part III. Business and Labor Regulations
Amends GS 130A-247, concerning bed and breakfast establishments, adding and defining a bed and breakfast home, a new category, as a business in a private home of not more than eight guest rooms that offers bed and breakfast accommodations for a period of less than one week. Also sets out four criteria that must also be met for a business to be considered a bed and breakfast home, including not serving food or drink to the general public for pay and serving breakfast, lunch, and dinner, or a combination, only to overnight guests in the home. Amends GS 130A-248(a2), making conforming changes and directing the Commission for Public Health to adopt rules to govern the sanitation of bed and breakfast homes as well as bed and breakfast inns, ensuring that they do not unreasonably interfere with the business operations thereof. Effective October 1, 2013.
Amends GS 110-90.2 (mandatory child care providers' criminal history checks) to add that the check of the state and and national repositories for the criminal history of a person required to be conducted by the statute and directed to the SBI must be completed with 15 calendar days of the receipt of the request from the Department of Health and Human Services (DHHS). Requires the criminal history check of a person required to be conducted by DHHS by the statute be completed within 15 calendar days of the receipt of the application from the child care provider.
Amends GS 58-36-105(b) to provide that workers' compensation, or employers' liability insurance in connection with a policy of workers' compensation insurance, cancellation is not effective unless written notice is given to the insured no less than 15 days before the proposed effective date of the cancellation. Allows the notice to be given (was, required to be given) by registered or certified mail, return receipt requested. Adds that notice of cancellation, termination, or nonrenewal may also be given by any method permitted for service of process under Rule 4 of the NC Rules of Civil Procedure. Enacts new GS 58-2-255 to provide that when any insurance law of the state, except for cancellation, termination, or nonrenewal of workers' compensation under GS 58-36-105(b) requires a communication to be provided to a party in writing, signed by a party, provided by means of a specific delivery method, or retained by an insurer, those requirements are met if the insurer complies with Article 40 of GS Chapter 66. Provides that verification of communications delivered by electronic means constitutes proof of mailing in civil and administrative proceedings and under the state's insurance laws. Provides that a recording of an oral communication between an insurer and a party that is reasonably stored and reproduced by an insurer constitutes an electronic communication or record. Amends GS 97-19 to prohibit any principal contractor, intermediate contractor, or subcontractor who sublets any contract for the performance of work from being held liable to any employee of such subcontract if (1) the subcontractor has a worker's compensation insurance policy in effect on the date of the injury or (2) the policy expired or was cancelled before the date of the injury if the principal contractor, intermediate contractor, or subcontractor obtained a certificate at any time before subletting the contract to the subcontractor and was unaware of the expiration or cancellation. Above changes are effective when the act becomes law and apply to insurance policies and certificates of insurance in effect on or after that date.
Enacts GS 95-28.4, concerning veterans' preference for employment in North Carolina, providing that a private, nonpublic employer in North Carolina can provide a preference to a veteran for employment. Also allows spouses of honorably discharged veterans that have service-connected permanent and total disability to also receive the preference for employment. Provides that this preference does not violate any state or local law.
Amends GS 95-79, concerning certain illegal agreements between employers and labor unions/organizations, making organizational changes and enacting a new subsection (b), which provides that provisions that directly or indirectly condition the purchase of agricultural products or the terms of the agreement on an agricultural producer's status as a union or nonunion employer or willingness to enter into an agreement with a labor union/organization is invalid and unenforceable as against public policy. Defines agricultural producer as any producer engaged in any service or activity included within specified federal provisions.
Enacts new GS 97-5.1 to create a rebuttable presumption that any person who operates and has an ownership or leasehold interest in a passenger motor vehicle that is operated as a taxicab is an independent contractor for purposes of GS Chapter 97 and not an employee as defined in GS 97-2. Provides that the presumption that taxicab drivers are independent contractors is not rebutted solely (1) because the operator is required to comply with rules and regulations imposed on taxicabs by the local governmental unit that licenses companies, taxicabs, or operators or (2) because a taxicab accepts a trip request to be at a specific place at a specific time. However, declares that the presumption can be rebutted by application of the common law test for determining employment status. Defines passenger motor vehicle that is operated as a taxicab according to passenger capacity and services provided and also defines the terms lease and leasehold as they are used in this section. Effective when the act becomes law and applies to causes of action arising on or after that date.
Part IV. Environmental and Public Health Regulations
Amends GS 130A-309.57 to prohibit permitted scrap tire collectors from contracting with a scrap tire processing facility unless the processing facility can document that it has access to a facility permitted to receive the scrap tires (was, required the Commission to adopt a rule to implement this prohibition).
Current law provides that the North Carolina State Building Code (Code) may contain provisions requiring the installation of carbon monoxide detectors in every dwelling unit with a fossil-fuel burning heater, appliance, or fireplace, and any dwelling unit with an attached garage. Amends GS 143-138 to require that the Code also contain requirements for installing electrical carbon monoxide detectors at lodging establishments. Provides that violations under this subsection are punishable in accordance with subsection (h) of this section and GS 143-139. Adds to the specified criteria for carbon monoxide detectors installed in dwelling units and in lodging establishments.
Amends GS 130A-248(g), Regulation of food and lodging establishments, to require all hotels, motels, tourist homes, and other establishments that provide lodging for pay to have carbon monoxide detectors installed in specified locations. Sets out four specifications that installed carbon monoxide detectors must meet, including receiving primary power from the building's wiring and receiving power from a battery when primary power is interrupted. Provides that detectors can be combined with smoke detectors if the combined detector meets the specifications and requirements of this subdivision. Amends GS 130A-248(b), providing that the permit required by this subsection can only be issued once all of the requirements of subsection (g), as described above, are satisfied, effective October 1, 2013.
Provides that the definitions in GS 143-212, 15A NCAC 02T .0103 and 15A NCAC 02T .1302 apply to Section 20 of this act, regarding the lagoon closure rule. Directs the Environmental Management Commission (EMC) and the Department of Environment and Natural Resources (DENR) to implement the closure requirements of 15 NCAC 02T .1306 as provided in Section 20(c) of this act until the effective date of the revised permanent rule that the EMC is required to adopt under Section 20(d) of this act. Provides criteria regarding permit rescission in Section 20(c) of this act. Provides for additional rule-making authority for the EMC in Section 20(d) of this act, directing the EMC to adopt a rule to amend 15 NCAC 02T .1306 (closure requirements) consistent with Section 20(c) of this act. Provides that Section 20(c) of this act expires on the date that the rules pursuant to Section 20(d) of this act become effective.
Directs the EMC and DENR to implement 15A NCAC 02T .1302 (definitions) as provided in Section 21(b) of this act until the effective date of the revised permanent rule that the EMC is required to adopt under Section 21(c) of this act. Directs the EMC to adopt a rule to amend 15A NCAC 02T .1302 that is consistent with Section 21(b) of this act. Provides that Section 21(b) of this act expires on the date that rules adopted under Section 21(c) of this act become effective.
Provides that the definitions set out in GS 143-212 and 15A NCAC 02U .0103 apply in Section 22 of this act. Requires the EMC and DENR to implement 15A NCAC 02U .0701 (setbacks) as provided in Section 22(c) of this act, until the effective date of the revised permanent rule that Section 22(d) requires the Commission to adopt. Provides additional criteria regarding implementation and conferring additional rule-making authority on the EMC. Provides that Section 22(c) of this act expires on the date that rules adopted under Section 22(d) of this act become effective.
Directs the Commission for Public Health (CPH) to amend and clarify its rules for the implementation of a smoking ban in restaurants and bars no later than January 1, 2014. Requires that the rules ensure consistent interpretation and enforcement and declares that the rules must specifically clarify the definition of enclosed areas for purposes of implementation. Exempts rules adopted under this section from the requirements of GS 150B-21.4, provides that they are not subject to Part 3 of Article 2A of GS Chapter 150B, and makes them effective as provided in GS 150B-21.3(b1). Requires the EMC to report on its progress in clarifying and amending the rules to the Joint Legislative Oversight Committee on Health and Human Services no later than November 1, 2013.
Directs the Environmental Review Commission to study the statutory models for establishing, operating, and financing certain organizations that provide water and sewer services in the state and to determine whether, how, and to what extent the number of statutory models should be reduced and consolidated. Requires the Commission to consider and address any impacts such reduction and consolidation would have on ongoing operation and financing of existing organizations. Requires the Commission to report its findings and recommendations to the 2014 Regular Session of the 2013 General Assembly upon its convening.
Part V. Amend Environmental Laws
Directs the Environmental Management Commission (EMC) to repeal administrative rule 15A NCAC 02D .1009 (Model Year 2008 and Subsequent Model Year Heavy-Duty Vehicle requirements) on or before December 1, 2013. Further provides that, until the repeal of this rule is effective, no entity or political subdivision of the state will implement or enforce the administrative rule.
Directs DENR to study and examine whether all of the counties covered under the emissions testing and maintenance program pursuant to GS 143-215.107A are needed to meet and maintain the current and proposed federal ozone standards in North Carolina. DENR will report its interim findings to the Environmental Review Commission on or before April 1, 2015. The final report, including legislative recommendations, will be submitted on or before April 1, 2016.
Amends GS 143-215.109(a), providing that the EMC can, but is not required to, establish criteria for controlling the effects of complex sources on air quality (previously, the EMC was required to establish such criteria).
Exempts open burning for land clearing or right-of-way maintenance under certain circumstances from various rules regulating air quality permits and amends GS 130A-294(a) by adding a new subdivision (4)d. exempting land clearing debris burning from the permitting requirements of that statute. Requires adoption of comparable rules.
Amends GS 143-215.108, concerning the control of sources of air pollution, providing that a third party who is dissatisfied with a decision of the EMC can commence a contested case by filing a petition under GS 150B-23 within 30 days after the EMC notifies an applicant or permittee of its decision (previously, only allowed dissatisfied permit applicant or permittee to commence a contested case).
Amends the permit application requirements in GS 113A-119, providing that applications for minor permits pursuant to this section do not require notice of the application to be published in a newspaper of general circulation. Deletes the requirement that notice of an application or modification pursuant to GS 113A-121 must be published in a newspaper of general circulation at least seven days before final action. Further deletes language that stated (1) that public notice under this subsection is mandatory and (2) certain modifications or permits were exempt.
Amends GS 113-391(a)(5)h. providing that the Mining and Energy Commission and DENR can review, but not posses or take ownership of, data and information related to the chemicals and constituents used in hydraulic fracturing fluids that are designated as trade secrets. Directs the Commission to develop rules for the the public disclosure through an online registry in regards to the applicable chemical families or other similar descriptions of the chemicals used in hydraulic fracturing. Defines chemical family for use in the subsection. Provides that notwithstanding subsection (m) of Section 2 of SL 2012-143, the Mining and Energy Commission is required to adopt the rules noted above no later than December 1, 2013. Such rules when adopted will become effective as provided in GS 150B-21.3(b1) as though 10 or more written objections had been received as provided by GS 150B-21.3(b2).
Provides that the Mining and Energy Commission, EMC, and the Commission for Public Health are exempt from the provisions of GS Chapter 150B, requiring the preparation of fiscal notes for rules proposed for the creation of a modern regulatory program for the management of oil and gas exploration and development activities, including horizontal drilling and hydraulic fracturing.
Amends GS 113A-64 (penalties under the Sedimentation Pollution Control Act) to clarify the procedure for appealing a notice of assessment issued by a local government. Directs the penalty proceeds to the Civil Penalty and Forfeiture Fund (rather than the local government's general fund).
Requires the Commission for Public Health to adopt a new rule exempting wastewater systems from certain sewage flow rates where the system can achieve lower flow rates through an engineering design that utilizes low-flow fixtures and low-flow technologies and the design is sealed by a professional engineer; daily flows of less than 3,000 gallons do not require state review.
Amends GS 87-97, concerning private drinking water wells, to delete language that required the local health department to issue a construction or repair permit if it determines a private drinking water well can be constructed, repaired, and operated in compliance with the rules and provisions of this Article. Directs the local health department to, within 30 days of receipt of an application to construct or repair a well, determine whether the proposed private drinking water well can be constructed or repaired and operated in compliance with this Article and rules adopted pursuant to this Article, issuing or denying a permit accordingly. Further amends the section to provide that if a local health department fails to act within 30 days, the applicant can treat the failure to act as a denial of the permit and can challenge the denial as provided for in GS 150B. Further amends GS 87-97 to provide that the Commission for Public Health must adopt rules governing permits for private drinking water wells for circumstances where the local health department has determined that the proposed well site is located within 1,000 feet of a known source of release of contamination. The rules must provide for notice and information of the known source of release and any known risk of issuing a permit. Changes to GS 87-97 are effective when the act becomes law and (e), as amended, applies to applications to construct or repair a private drinking water well received by a local health department on or after that date.
Amends Section 11.6(a) of SL 2011-394 to provide that all underground storage tank systems installed after January 1, 1991, and before April 1, 2001, are not required to provide secondary containment until January 1, 2020.
Amends the definition of fish under GS 113-129(7) to mean finfish, shellfish, and crustaceans (removing reference to marine mammals and all other fishes); also amends GS 113-189 to expand protection of marine and wildlife resources by citing federal law conferring protection on various species, clarifying that the prohibitions under this statute include taking, harming, and disturbing protected species, and adding finfish, marine mammals, and migratory birds to the species protected under the statute.
Amends GS 14-417 to make technical changes; also amends GS 14-419 to require consultation with the NC Museum of Natural Sciences or the NC Zoological Park in cases of suspected violations of prohibitions against mishandling certain reptiles and authorizing euthanasia in the case of a venomous reptile for which antivenin is not readily available. Provides an exception to the requirement to consult with the NC Museum or NC Zoological Park in cases in which law enforcement or animal control determines there is an immediate risk to public safety.
Amends GS 150B-21.1(a)(7) to include provisions for the manner of take and other conditions required to implement a hunting or fishing season under the Wildlife Resource Commission's temporary rule-making authorization.
Amends GS Chapter 133 by adding a new Article 4 (GS 133-40) that would prohibit public entities, defined as the State and the Community College System, from acquiring an ownership interest in real property that contains a known contamination (as defined in GS 130A-310.65(5)) without first obtaining approval from the Council of State. Sets out the procedures and requirements for obtaining such approval. Properties acquired involuntarily (such as through bankruptcy or tax delinquency) are exempt. Effective September 1, 2013, and applies to a purchase or acquisition of interest in real property occurring on or after that date.
Amends GS 143-138, providing that building permits are not required for routine maintenance on fuel dispensing pumps or other dispensing devices. Routine maintenance includes the repair or replacement of hoses, O-rings, nozzles, or emergency breakaways.
Amends GS 143B-289.44, providing that the Secretary of DENR can adopt a schedule of fees for the aquariums and piers operated by the NC Aquariums, including gate admission fees, facility rental fees, and fees for educational programs. Effective when the act becomes law.
Repeals GS Chapter 153B (Mountain Resources Planning Act).
Amends GS 153A-349.4 and GS 160A-400.23 to provide an exemption from the 25 acre or more size requirement for local governments to enter into development agreements allowing the development of properties of any size provided the property is subject to an executed brownfields agreement.
Directs the DOT to adopt rules for the selective pruning within highway rights-of-way for vegetation that obstructs a motorist's view of properties on which agritourism activities occur. Exempts the DOT from preparing fiscal notes, pursuant to GS 150B, for any rule proposed pursuant to this section.
Amends GS 143-215.1 (Control of sources of water pollution; permits required) to require any person subject to the statute who must obtain an individual permit for a disposal system to have a compliance boundary, which may be established by rule or permit for various categories of disposal systems, and beyond which groundwater quality standards may not be exceeded. Requires the location of the compliance boundary to be the property boundary. Requires that when operation of a permitted disposal system results in an exceedance of the groundwater quality standards adopted in accordance with GS 143-214.1 (Water; water quality standards and classifications; duties of Commission), the exceedances within the compliance boundary must be remedied through cleanup, recovery, containment, or other response only when (1) the violation of any water quality standard in adjoining classified waters of the state occurs or can be reasonably predicted to occur; (2) there is an imminent hazard or threat to the environment, public health, or safety exits; or (3) there is a violation of any standard in groundwater occurring in the bedrock other than limestones, unless it can be shown that the violation will not adversely affect, or have the potential to adversely affect, a water supply well. Requires exceedances to be remedied through clean-up, recovery, containment, or other directed response where operation of a permitted disposal system results in exceedances of the groundwater quality standards at or beyond the compliance boundary. Provides that with respect to exceedances of groundwater quality standards within a compliance boundary and related remedy requirements, new GS 143-215.1(j) applies instead of the restricted designation directives in 15A NCAC 2L .0104(d) and (e) until DENR has revised the rules to comply with this act.
Amends GS 143-151.74, as amended, to also exempt radio towers that were erected to temporarily replace those damaged by a natural disaster, provided that the specified conditions are met.
Amends Section 15.1 of SL 2012-187 to clarify how the Commission for Public Health must adopt rules pertaining to sanitary landfill development permits. Repeals the changes if Senate Bill 328 becomes law.
Amends GS 130A-22 to require consideration of 11 specified factors in determining the amount of a solid waste penalty, including the type of waste involved, potential effect on public health and the environment, and damage to private property.
Amends GS 130A-309.09A by adding a new subsection (h) requiring local governments to encourage storage, retention, and use of nonhazardous recycled materials and prohibiting local government regulations that impede use of recycled products through regulation of the height of recycled materials stockpiles, except when the facilities are located within 200 yards of residential districts.
Amends GS 143-214.7 to define built-upon area, for the purposes of implementing stormwater programs, to mean impervious surface and partially impervious surface to the extent that the partially impervious surface does not allow water to infiltrate the surface and into the subsoil. Repeals SL 2006-246, Section 2(7), which defined built-upon area. Repeals SL 2008-211, Section 2(a)(3), which defined built-upon area. Requires the Environmental Management Commission to amend its rules to be consistent with the definition of built-upon area in this act. Effective when the act becomes law and (b2) of GS 143-214.7 applies to projects for which permit applications are received on or after the effective date of the act.
Exempts freshwater ponds from various riparian buffer rules adopted by the Environmental Management Commission when (1) the property the pond is located on is used for agricultural purposes, (2) the use of the property is in compliance with all other water quality and water quantity statutes and rules applicable to the property before the adoption of the Riparian Buffer Rules, and (3) the pond is not a component of an animal waste management system. Requires the adoption of comparable rules. Effective when the act becomes law and applies to ponds used for agriculture that were either in existence on or constructed after July 22, 1997.
Amends GS 143-215.1 to provide that a third party who is dissatisfied with a decision of the Environmental Management Commission regarding a water quality permit may file a contested case under the Administrative Procedure Act within 30 days.
Repeals Article 4A (Vehicular Surface Areas) of GS Chapter 113A.
Amends GS 113-229(d) to provide that notice to adjoining property owners of a dredge or fill permit may be satisfied by obtaining a signed statement from each property owner indicating no objection to the project or sending a copy of the permit to each property owner by certified mail. Makes clarifying and conforming changes.
Allows public water systems with authorizations for deactivated water treatment plants that expired within the last ten calendar years of the effective date of the act to obtain new authorizations allowing the system to withdraw surface water from the same water body and at the same rate as approved in the expired authorization and provides that the new authorizations do not have to prepare an environmental document.
Combines the Division of Water Quality and the Division of Water Resources into a new Division of Water Resources. Makes conforming changes to statutes throughout GS Chapters 74, 90A, 106, 113A, 136, 143, 143B, 159G, and various session laws.
Amends GS 89C-19, Public works; requirements where public safety involved. Prohibits the state and any of its political subdivisions, in the course of conducting a technical review, from requiring revisions to the parts of an application or plan that constitutes the practice of engineering and has been supervised and sealed by a professional engineer, unless the employee or official requesting the revision is also a professional engineer or an engineering intern with the appropriate supervision. Such approved revisions must be provided by written notice, on agency letterhead, signed by the professional engineer reviewing the submission, including his or her state license number, and then provided to the permit applicants or the person that submitted the plan for approval.
Part VI. Legislative Research Commission Studies
Allows the Legislative Research Commission to study: (1) disciplinary hearings and the right to counsel under Part 3 of Article 1 of GS Chapter 116; (2) state personnel status of Deputy Commissioners of the Industrial Commission; (3) preemption of certain local government ordinances; (4) child care provider criminal background checks; (5) regulatory requirements applicable to sanitary landfills; (6) spirituous liquor sales by distilleries to tour patrons; (7) regulation of digital dispatching services; and (8) the Professional Employer Organization Act.
Part VII. Severability Clause and Effective Date
Include a severability clause.
Act is effective when it becomes law, unless otherwise indicated.
Amends the act's titles.
Summary date: May 9 2013 - More information
House committee substitute to the 1st edition makes the following changes.
Amends GS 150B-21.2(c) to require the notice of proposed text of a rule to include the text of the proposed rule, unless the rule is a readoption without substantive change to the existing rule proposed in accordance with GS 150B-21.3A (was, readoption without substantive changes to the existing rule proposed to keep a permanent rule from expiring).
Amends proposed GS 150B-21.3A by deleting the language proposed in the 1st edition and replacing it with the following. Provides that any rule for which the agency that adopted the rule has not conducted a review in accordance with the statute will expire on the date set in the schedule established by the Rules Review Commission (Commission) pursuant to the statute. Requires each agency subject to Article 2A to conduct a review of the agency's existing rule at least once every ten years in accordance with the following specified process. Requires the agency to analyze each existing rule and decide whether the rule is necessary with substantive public interest, necessary without substantive public interest, or unnecessary. The determination is to be posted and open to public comment. After reviewing and assessing the merits of the public comments, the agency must report to the Commission. The Commission must review the reports and if there is a comment on a rule the agency has determined to be necessary and without substantive public interest or unnecessary, the Commission must decide whether the comment has merit; if the comment does have merit, the rules must be designated as necessary with substantive public interest. Requires the Commission to report final determinations to the Joint Legislative Administrative Procedure Oversight Committee (Committee) for consultation. Provides that the final determination report does not become effective until that agency has consulted with the Committee. Provides for when the Committee does not hold the consultation meeting within 60 days and for the role of the General Assembly when the Committee disagrees with a determination.
Requires the Commission to establish a schedule for the review of existing rules according to the statute on a decennial basis by assigning each title of the Administrative Code a date by which the review must be completed. Provides that if the agency does not conduct the review by the set date, the rules in that title will expire.
Allows an agency to subject a rule that it determines to be unnecessary to review under the statute at any time by notifying the Commission that it wants to be placed on the schedule for the current year.
Repeals GS 150B-19.2 (review of existing rules).
Summary date: Feb 5 2013 - More information
Amends GS 150B-21.2(c) to provide that readopting a rule to keep the rule from expiring, without making substantive changes to the existing rule, exempts the notice of the proposed text of a rule from having to include the text of the proposed rule.
Enacts new GS 150B-21.3A to set the expiration dates for permanent rules except those readopted under GS 150B-21.2 and approved by the Rules Review Commission (Commission) under the provisions of GS Chapter 150B, Article 2A, Part 3. Directs the Commission to set a timeline for submitting rules subject to expiration after consulting with the adopting agency. Requires the Codifier of Rules to provide annual notice to agencies as to the rules that will expire within the next two years.