REGULATORY REFORM ACT OF 2024. (NEW).

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View NCGA Bill Details2023-2024 Session
Senate Bill 607 (Public) Filed Wednesday, April 5, 2023
AN ACT TO PROVIDE ADDITIONAL REGULATORY RELIEF TO THE CITIZENS OF NORTH CAROLINA.
Intro. by Alexander, Jarvis, Ford.

Status: Ch. SL 2024-45 (Jul 9 2024)

SOG comments (1):

Long title change

House committee substitute to the 3rd edition changed the long title. Original title was AN ACT RELATING TO THE TEMPORARY SOLUTIONS PROGRAM.

Bill History:

S 607/S.L. 2024-45

Bill Summaries:

  • Summary date: Jul 9 2024 - View Summary

    AN ACT TO PROVIDE ADDITIONAL REGULATORY RELIEF TO THE CITIZENS OF NORTH CAROLINA. SL 2024-45. Enacted July 9, 2024. Effective July 9, 2024, except as otherwise provided.


  • Summary date: Jun 26 2024 - View Summary

    House amendments to the 4th edition make the following changes.

    Amendment #1 adds the following.

    Section 19.1

    Authorizes the Department of Transportation (DOT) is authorized to utilize, design-build, indefinite delivery, indefinite quantity, public-private partnership, or any other contracting methodology authorized by applicable federal law to administer the National Electric Vehicle Infrastructure (NEVI) Formula Program. Specifies that for this section, DOT projects using contracting methodologies authorized by this section to implement, administer, or utilize NEVI Formula Program funds do not count against DOT project contract award authorization caps limiting the use of certain construction methodologies.

    Section 19.2

    Repeals Section 11 of SL 2021-134, which allowed DOT to manage, procure information technology goods and services, and enter into contracts for up to five information technology projects for Division of Motor Vehicles (DMV) system modernization, and exempted those projects from Department of Information Technology oversight and requirements.

    Prohibits DOT from renewing and allows to expire any contract that was entered into under the exemption that was in Section 11 of SL 2021-134.

    Requires the Department of Information Technology to consult with DMV and develop and issue a Request for Proposal (RFP) to contract with a third party to evaluate the DMV’s ongoing efforts to modernize its information technology (IT) systems. Sets out seven issues that must be addressed in the evaluation, including: (1) an in-depth analysis of the DMV’s plan to implement a cloud-based operating system and any other updates to its IT systems; (2) an estimate of when the DMV’s anticipated updates to its IT systems will begin directly improving customer service; and (3) an assessment of whether the DMV has an adequate personnel management plan in place to implement planned updates to its IT systems. Requires funding for implementation be provided by funds previous appropriated to DMV for the purpose of IT modernization. Requires DMV to report on the evaluation to the chairs of the specified NCGA committees and division by April 31, 2025.

    Requires DMV, in consultation with DIT, by July 1, 2025, to use the evaluation findings to select a vendor to oversee and manage implementation of the cloud-based operating system. Sets out reporting requirements for the vendor.

    Section 19.3

    Repeals Section 7.1 of SL 2023-136 (S512) which replaced one of the Governor’s appointees to the North Carolina Railroad Board of Directors with an appointee by the State Treasurer. Repeals Section 6.4 of SL 2023-139 which requires that if Senate Bill 512, 2023 Regular Session, became law, then the North Carolina Railroad Board of Directors must elect a chair pursuant to GS 124-15(a), as amended by Section 7.1(a) of that act, no later than 90 days after the date that the member to be appointed by the State Treasurer has been initially appointed.

    Amends GS 124-15 by replacing one of the Governor’s appointees to the North Carolina Railroad Board of Directors with the Commissioner of Agriculture or their designee. Removes outdated language. Adds that each member of the Board of Directors for any State-owned railroad company must have the fiduciary duties to the State-owned railroad company.

    Requires that the Governor’s appointee replaced by the Commission of Agriculture be one with a term beginning in 2023, and requires that the Commissioner serve for the remainder of the term. Requires the Board of Directors to decide which of the appointees will be replaced.

    Amends GS 124-1 to provide that the Governor and Council of State do not have charge of the State’s interest in a State-owned railroad company. Makes a technical change in GS 124-11.

    Section 19.4

    Adds new Article 33, Rail Transportation Corridor Authority, to GS Chapter 160A, providing as follows. Sets out and defines terms used in the Article. Defines rail corridor as a combination of rail line and real and personal property, structures, improvements, buildings, equipment, vehicle parking, and other appurtenant fixtures essential to rail operations and public transportation, including any facilities, maintenance yard, marshalling yard, transfer yard, utilities, pedestrian foot paths, and bicycle paths. Defines rail corridor project as any of the following that is part of or used in connection with a rail corridor and is not a special user project (as defined): (1) any land, equipment, or buildings or other structures, whether located on one or more sites within a rail corridor, or (2) the addition to or the rehabilitation, improvement, renovation, or enlargement of any property described above. Specifies that the term rail corridor project includes infrastructure improvements, such as improvements to railroad facilities, roads, bridges, and water, sewer, or electric utilities. Allows a rail corridor project to include a facility leased to one or more entities under a true lease. Defines a unit of local government as a county, city, town, or municipality of this State, and any other political subdivision, public corporation, authority, or district in this State, that is or may be authorized by law to acquire, establish, construct, improve, maintain, own, or operate a rail corridor.

    Allows the creation of a Rail Transportation Corridor Authority (Authority) for any area of the State that, at the time of creation of the Authority meets the following: (1) the area consists of three or more contiguous counties each containing portions of an existing rail corridor, with one of the counties having a population in excess of 150,000 but less than 200,000 based on the 2020 census and the other two contiguous counties having a population in excess of 75,000 but less than 90,000 based on the same census; (2) the distance between the rail corridor milepost origination and termination points is no more than 25 miles long; (3) if the Authority intends to receive existing rail corridor interests in property, those interests can be transferred to the Authority without purchase of those interests; and (4) an Authority must not have jurisdiction over any Class I railroad, nor a rail line or rail corridor owned or operated by the US Department of Defense, nor a rail line owned or operated by the North Carolina Railroad Company or its subsidiaries. Requires the Authority’s territorial jurisdiction to be coterminous with the boundaries of the three or more organizing counties, except when the Authority intends to receive existing rail corridor interests in property than can be transferred without purchase. Requires the Authority’s rail corridor service area to be designated by and recorded in the minutes of the Authority’s Board of Trustees (BOT), consistent with its purpose, and must not exceed immediately adjacent and proximate area of the rail corridor as owned or otherwise controlled by the Authority. Requires the boundaries of the Authority’s rail corridor to be designated by and recorded in the BOT’s minutes once the properties and rail line making up the rail corridor are in the Authority’s possession or control. Sets out the conditions that must be met before the Authority can extend the rail corridor into a political subdivision that is not an organizing entity. Prohibits the Authority from extending its rail corridor to be longer than 25 miles through any subsequent addition. Sets out requirements for how the rail corridor boundaries are to be described.

    Requires the adoption of a resolution to create an Authority by the boards of commissioners of all three or more counties within an area for which an Authority may be created and the elected board of municipality containing a portion of the rail corridor. Requires a public hearing before adoption of the resolution and sets out requirements for notice of the public hearing. Requires the resolution to form an Authority to include articles of incorporation that set forth specified information. Requires that a certified copy of each resolution organizing an Authority to be filed with the Secretary of State, along with proof of publication of the notice of hearing. Upon finding that those items conform to this Article, requires the Secretary of State to issue a certificate of incorporation. Sets out the process under which counties or municipalities may join the Authority when the Authority intends to extend the rail corridor into a new county or municipality. Specifies that members of the BOT are not subject to personal liability or accountability by reason of their execution of any debt held by the Authority. Pays BOT members $50 for each Authority meeting they attend. Requires the Authority to submit an annual report to the Governor, NCGA, and Local Government Commission; specifies what must be included in the report. Also requires the Authority to submit its annual reports to the Joint Legislative Commission on Governmental Operations.

    Requires the BOT to consist of one member of each organizing entity that has adopted a resolution for the creation of or a resolution to join the Authority, and one member for each regional council of government containing a portion of the rail corridor. Sets out additional provisions governing the appointment of members, establishing a quorum, election of chairs and vice-chairs, and filling of vacancies. Require an affirmative vote equal to a majority of all members not excused from voting in order to authorize or commit the expenditure of public funds, or make, ratify, or authorize any contract on behalf of the Authority.

    Allows the BOT to select advisory committees it may find appropriate.

    Gives the Authority all powers necessary to execute the Article, which includes as least the 16 specified powers, including powers to: (1) operate a rail corridor and enter and perform contracts to provide and operate rail and rail corridor services and facilities within the rail corridor service area; (2) charge and collect fees and rents for the use of the rail corridor or for services rendered in the operation of the rail corridor; (3) make or enter contracts, agreements, deeds, leases with or without option to purchase, conveyances, or other instruments, including contracts and agreements with the US, the State, units of local government, public transportation authorities, and private parties, to effectuate the purpose of this Article; (4) with the consent of the unit of local government that would otherwise have jurisdiction to exercise the powers enumerated in this subdivision, to issue certificates of public convenience and necessity, and to grant franchises and enter into franchise agreements, and in all respects to regulate the operation of rail, buses, trams, taxicabs, and other methods of public transportation that originate and terminate within the rail corridor as fully as the unit of local government is now or hereafter empowered to do within the jurisdiction of the unit of local government; and (5) issue debt for the purpose of financing the costs (defined as the capital costs of a rail corridor project or special user project) of a rail corridor project or any part thereof and to refund, whether or not in advance of maturity or the earliest redemption date, any such debt. Requires the BOT to, in order to execute these powers, to determine the policies of the Authority by majority vote of those members present and voting. Gives the chair the sole and exclusive authority the execute the polity of the Authority.

    Specifies that an Authority is a public authority and is subject to GS Chapter 159, The Local Government Finance Act.

    Allows the State and any unit of local government to appropriate funds to support the establishment and operation of the Authority, or to dedicate, sell, convey, donate, or lease any of their interests in any property to the Authority. Allows an Authority to apply for grants from the State, or from the US or any department, agency, or instrumentality thereof. Allows the Department of Transportation to allocate to an Authority any funds appropriated for rail corridors, public transportation, or any funds whose use is not restricted by law.

    Sets out items that must be include in every special user project financing agreement. Requires the agreement, if in the nature of a lease agreement, to either provide that the obligor must have an option to purchase, or require that the obligor purchase, the special user project upon the expiration or termination of the financing agreement subject to the condition that payment in full of the debt principal shall have been made. Allows the financing agreement to give the Authority rights and remedies in the event of a default by the obligor, including, without limitation: (1) acceleration of all amounts payable under the financing agreement; (2) reentry and repossession of the special user project; (3) termination of the financing agreement; (4) leasing or sale of foreclosure of the special user project to others; and (5) taking whatever actions at law or in equity may appear necessary or desirable to collect the amounts payable under, and to enforce covenants made in, the financing agreement. Provides that the Authority's interest in a special user project under a financing agreement may be that of owner, lessor, lessee, conditional or installment vendor, mortgagor, mortgagee, secured party, or otherwise, but the Authority does not need to have any ownership or possessory interest in the special user project. Allows the Authority to assign all or any of its rights and remedies under the financing agreement to debt holders under a security document.

    Allows a county or municipality in which all or part of the rail corridor is located to enter into an agreement with the Authority providing for payments to be made by the county or municipality, as applicable, to the Authority; such an agreement may be entered into only after the Authority designates the rail corridor.

    Exempts the Authority’s real and personal property, its acts, activities, and income from taxation. Specifies that this exemption does not apply to the value of a leasehold interest or to a lessee’s income.

    Specifies that the Article does not limit or affect the power or authority of the North Carolina Utilities Commission or the right of appeal to the North Carolina Utilities Commission as provided by law. Specifies that the North Carolina Utilities Commission does not have jurisdiction over rates, fees, charges, routes, and schedules of an Authority for service within the rail corridor.

    Gives the Authority the power to require any public utility, railroad, or other public service corporation owning or operating any installations, structures, equipment, apparatus, appliances, or facilities in, upon, under, over, across, or along any ways on which the Authority has the right to own, construct, operate, or maintain its rail corridor, to relocate such installation, structures, equipment, apparatus, appliances, or facilities from their locations, or, in the sole discretion of the affected public utility, railroad, or other public service corporation, to remove such installations, structures, equipment, apparatus, appliances, or facilities from their locations. Allows the Authority to relocate the object if the owner or operator fails or refuses to do so. Requires the Authority to provide any necessary new locations and necessary real estate interests for such relocation, and may exercise eminent domain for that purpose if the new locations is not in, on, or above, a public highway; the Authority may also acquire the necessary new locations by purchase or otherwise. Requires compensation for any affected public utility, railroad, or other public service corporation for any real estate interest taken via eminent domain, subject to the right of the Authority to reduce the compensation due by the value of any property exchanged under this statute. Requires the method and procedures of a particular adjustment to the facilities of a public utility, railroad, or other public service corporation to be covered by an agreement between the Authority and the affected party. Requires the Authority to reimburse the public utility, railroad, or other public service corporation, for the cost of relocations or removals, to be calculated as specified.

    Gives the Authority power to acquire the fee or any lesser interest in real or personal property for use by the Authority. Prohibits the Authority from acquiring or taking by eminent domain, or any means, property owned or operated by any Class I railroad, nor a rail line or rail corridor owned or operated by the US Department of Defense, nor a rail line owned or operated by the NC Railroad Company or its subsidiaries, without the that railroad’s consent. Also allows the Authority to exchange any property it acquires for other property usable in carrying out the powers conferred on the Authority and also, upon the payment of just compensation, may remove a building or another structure from land needed for its purposes and reconstruct the structure on another location (prohibits using eminent domain to acquire property for exchange). Sets out issues that must be considered when the Authority selects one or more sites for adjoining rail facilities or property for shell or storage buildings. Sets out the process and effect of dissolving the Authority.

    Amends GS 160A-20, concerning security interests, by adding an Authority to the definition of a unit of local government as it is used under the statute.

    Amendment #3 makes the following changes.

    Section 9

    Makes technical changes to GS 14-150.3 (injury to manufacturing facility). 

    Section 20

    Removes proposed changes to GS 87-128 (absence of facility location).

    Amendment #4 adds the following.

    Section 15.1

    Requires the Replacement of Existing Structures Rule (15A NCAC 07J .0210) to be implemented as follows. For fixed docks, floating docks, fixed piers, floating piers, or walkways damaged or destroyed by natural elements, fire, or normal deterioration, activity to rebuild the dock, pier, or walkway to its pre-damage condition will be considered repair of the structure, and will not require Coastal Management (CAMA) permits, without regard to the percentage of framing and structural components required to be rebuilt. At the time a dock, pier, or walkway damaged or destroyed by natural elements, fire, or normal deterioration is repaired, the width and length of the dock, pier, or walkway structure may be enlarged by not more five feet or 5% (whichever is less), and the structure may be heightened, without need for a CAMA permit, but the owner is required to comply with all other State and federal laws. Exempts docks and piers that are greater than six feet in width, greater than 800 square feet of platform area, or adjacent to a federal navigation channel from the new interpretation of the rule. Directs the Coastal Resources Commission to amend its rules so that it is consistent with this provision. Exempts those rule amendments from review by the Rules Review Commission under the APA. Sunsets this provision when the permanent rules become effective.

    Makes the above provisions effective on the later of the following dates and applicable to applications for permits pending on or filed on or after that date: (1) October 1, 2024, or (2) the first day of the month that is 60 days after the DEQ Secretary certifies to the Revisor of Statutes that the National Oceanic and Atmospheric Administration has approved the changes made to the CAMA rules.

    Requires DEQ, by August 1, 2024, to prepare and submit to the US National Oceanic and Atmospheric Administration for approval, the above proposed changes to the CAMA rules. Requires DEQ to report to the specified NCGA committee on the status of their activities under this section quarterly, beginning September 1, 2024, until the NCGA repeals this reporting requirement.

    Amends GS 160D-1104 (duties and responsibilities pertaining to building code enforcement) so that an inspection department must notify the Division of Coastal Management of a replacement of a dock, pier, catwalk, or walkway in a coastal area no later than 60 days after the inspection department’s inspection.

    Prohibits the NC Residential Building Code from requiring a professional engineer or architect to design or otherwise certify the construction of residential docks, piers, or catwalks or walkways.

    Amendment #5 adds the following.

    Section 16.1

    Amends GS 113A-103 by excluding from the definition of development, as that term is used in the Coastal Area Management Act, floating structures used primarily for aquaculture associated with an active shellfish cultivation lease area or franchise in an area of environmental concern; also excludes uses related to aquaculture and aquaculture facilities associated with an active shellfish cultivation lease area or franchise from development. Effective on the later of the following dates and applicable to applications for permits pending on or filed on or after that date: (1) October 1, 2024, or (2) the first day of the month that is 60 days after the DEQ Secretary certifies to the Revisor of Statutes that the National Oceanic and Atmospheric Administration has approved the changes.

    Amends GS 143B-289.52 by prohibiting the Marine Fisheries Commission from adopting rules regulating cages, poles, anchoring systems, or any above-water frames or structural supports used to suspend or hold in place equipment or floating structures used for aquaculture.

    Requires DEQ, by August 1, 2024, to prepare and submit to the US National Oceanic and Atmospheric Administration for approval, the above proposed changes. Requires DEQ to report to the specified NCGA committee on the status of their activities under this section quarterly, beginning September 1, 2024, until the NCGA repeals this reporting requirement. 

    Amendment #6 adds the following.

    Section 23.1

    Adds new GS 160D-912.1 (on-premises advertising), specifying that notwithstanding any local development regulation to the contrary, a lawfully erected on-premises advertising sign may be relocated or reconstructed within the same parcel so long as the square footage of the total advertising surface area is not increased, and the sign complies with the local development rules in place at the time the sign was erected. The construction work related to the relocation of the lawfully erected on-premises advertising sign must commence within two years after the date of removal. Directs that the local government will have the burden to prove that the on-premises advertising sign was not lawfully erected. Permits a local government to require the removal of a lawfully erected on-premises advertising sign under a local development regulation only if the local government pays the owner of the sign monetary compensation for the removal. Upon payment of monetary compensation, specifies that the local government will own the sign and remove it in a timely manner. Clarifies that nothing in GS 160D-912.1 should be construed to diminish the rights given to owners or operators of nonconforming uses, including nonconforming structures, as set forth in GS 160D-108 or the rights of owners or operators advertising signs.  Specifies that new GS 160D-912 is intended to clarify existing law. Effective when the act becomes law and applies to on-premises advertising signs removed on or after October 1, 2021. For any on-premises advertising sign removed on or after October 1, 2021, but prior to the date this section becomes effective, construction work on relocation in accordance with GS 160D-912.1 will commence within two years of the date the act becomes effective.

    Amendment #8 adds the following.

    Section 22.1

    Enacts new GS 143-162.6 (applying to executive branch state agencies but not judicial or legislative branches of State government), GS 153A-461 (applicable to county agencies), and GS 160A-499.6 (applicable to city agencies), providing as follows.

    Requires each agency set forth above, by September 1, 2024, to establish a policy to send any permits issued by the agency to permittees using one of the following methods instead of requiring the permittee to pick up the permit at an agency office or other physical location: (1) via United States mail or designated delivery service (may charge mailing costs to the permittee) or (2) by email, as appropriate, if the permittee consents to email delivery in advance. Allows a permittee to opt to receive a permit in person. Provides that this is not intended to change the method by which an applicant is required to apply for a permit or to prohibit an agency from adopting policies to exercise due diligence in verifying a permittee’s identity.

    Amendment #9 adds the following.

    Section 23.5

    Enacts new GS 25-2-703.1 allowing a seller to repossess a sign, if a buyer of a manufactured sign fails to make a payment in violation of a contract with the seller of the sign, as long as the seller does not breach the peace. Allows the seller to also exercise any other lawful remedy. Specifies that the statute applies even if the sign is affixed to real property. Effective October 1, 2024.

    Amendment #12 adds the following.

    Section 22.5

    Amends GS 153A-134.1 and GS 160A-194.1 to also prohibit a county/city from enforcing an existing ordinance, rule, or regulation that does any of the three actions related to battery-charged security fences; amends these actions to include prohibiting the installation or use of a battery-charged security fence on property that has been zoned exclusively for nonresidential use (was, zoned for nonresidential use). Amends the requirements for battery-charged security fences to require that it be (was, not exceed) 10 feet in height or 2 feet higher than the non-electric perimeter fence or wall, whichever is higher. Applies to ordinances adopted before the section’s effective date and to ordinances adopted on or after the section’s effective date.

    Amendment #13 adds the following.

    Section 16.1

    Beginning either October 1, 2024, or 60 days after the provision described below is reported as approved, amends GS 113A-115.1 (limitations on erosion control structures) as follows.

    Specifies that if a permanent erosion control structure originally permitted pursuant to a variance granted by the Environmental Review Commission (Commission) prior to July 1, 1995, consists of a field of geotextile sand tubes, the field may be replaced with rock erosion control structures subject to four listed criteria. Requires the Commission to permit replacement of the geotextile sand tubes with rock erosion control structures meeting that criteria as replacement of the permanent erosion control structure originally permitted. Directs that a permanent erosion control structure is not a terminal groin and is not subject to the provisions of this section applicable to terminal groins. Expands the permits that the Commission may issue for the construction of a terminal groin from six to seven. Also amends the definition of "Terminal groin" to also include a structure constructed where the ocean shoreline converges with Frying Pan Shoals; requires a terminal groin to be pre-filled with beach quality sand and allow sand moving in the littoral zone to flow around, over, or through (was, past) the structure.

    Specifies that DEQ must submit an application to NOAA for approval of the changes to GS 113A-115.1 by no later than August 1, 2024. Requires DEQ to report its activities to the Commission starting September 1, 2024, until the reporting requirements are repealed by the NCGA.

    Amendment # 14 deletes new Article 44 to GS 90, which would have established a healing arts commission governing licensure of reflexologists, music therapists, and naturopath doctors. 


  • Summary date: Jun 26 2024 - View Summary

    House committee substitute to the 3rd edition replaces the prior edition in its entirety with the following new content.

    Makes conforming changes to act’s titles.

    Section 1

    Enacts new Article 44, Healing Arts, in GS Chapter 90, providing as follows.

    Part 1 of the new Article establishes the North Carolina Healing Arts Act and sets out the act's purpose. Defines healing arts as the use of allopathic, complementary, or alternative approaches to the art and science of medicine for the prevention, identification, and treatment of human physical or mental conditions, diseases, ailments, illnesses, infirmities, pain, defects, or injuries and the promotion and restoration of health and wellness. Creates the seven-member North Carolina Health Arts Commission (Commission), with initial members to be appointed by the specified entities, for three-year terms, by January 1, 2025. Subsequent members serve for terms of three years. Sets out provisions for the inclusion of additional members for any healing arts professions created after January 1, 2025. Provides for the filling of vacancies and sets out membership requirements including citizenship requirements, residency requirements, and the requirement to hold a North Carolina Healing Arts License in the individual's respective healing arts profession. Sets out additional restrictions on the public members of the Commission. Allows for the removal of commission members. Requires Commission officers to be elected annually; sets out requirements for the meeting timing, for serving as chair, for adopting rules governing meetings, and for establishing a quorum. 

    Sets out the Commission's nine powers, including administering, coordinating, and enforcing the Article; issuing a North Carolina Healing Arts License to practice the healing art; taking specified disciplinary actions; and conducting administrative hearings necessary to administer the Article, including disciplinary hearings. Sets out provisions governing fees payable to the Commission. Requires the Commission to establish fees of up to $300 for the issuance of a North Carolina Healing Arts License, $200 for the license application and exam, $350 for the renewal of the license, and $200 for late renewal. Makes the first violation of the Article punishable by a written warning, a second violation punishable by a civil penalty of no more than $200, and third and subsequent violations subject to a civil penalty of no more than $200 per violation and a Class 1 misdemeanor. Directs that violations of the provisions governing naturopathic doctors are a Class 1 misdemeanor.  Allows the Commission to proceed in superior court to enjoin and restrain any person from violating the Article. Specifies that the healing arts professions subject to the Article are reflexologists, music therapists, and naturopathic doctors. 

    Part 2 of the new Article makes it State policy to consider reflexology as a healing arts profession. Defines reflexology as a protocol of manual techniques, including specified practices, that are applied to specific reflex areas predominantly on the feet and hands and that stimulate the complex neural pathways linking body systems and support the body's efforts to function optimally; specifies that reflexology is not massage and bodywork therapy. Defines a North Carolina Licensed Reflexologist as an individual that (1) is certified by the certifying entity as a certified reflexologist and (2) and been issued a North Carolina Healing Arts License in reflexology by the Commission. 

    Establishes the three-member North Carolina Reflexology Advisory Committee (Reflexology Committee). Sets out membership requirements and provides for the appointment of initial members by January 1, 2025, with initial members serving 1-2 years. Subsequent membership terms are for three years, with no member serving for more than two consecutive terms. Sets out membership qualifications including citizenship requirements, residency requirements, certification as a reflexologist, and being eligible to obtain a healing arts license in reflexology (with the requirement that appointees immediately seek to obtain the license). Sets out additional restrictions on the public members. Provides for the election of a chair and other officers, holding meetings, and establishing a quorum. 

    Sets out the Reflexology Committee's eight powers and duties, including establishing and determining qualification and fitness of applicants for a North Carolina Healing Arts License in reflexology; making recommendations to the Commission whether to issue, renew, deny, suspend, revoke, or refuse to issue or renew North Carolina Healing Arts License in reflexology; and making recommendations to the Commission on discipline of North Carolina Licensed Reflexologists. Sets out requirements for applying for a North Carolina Healing Arts License in reflexology, which must be renewed annually. Allows compensation for reflexology services to be received only when those services are performed by an individual holding a North Carolina Healing Arts License in reflexology. Subjects non-licensed individuals providing reflexology services or engaging in the practice of reflexology to penalties or an injunction, unless: (1) the individual is a reflexology student working to obtain a certification of completion from a nationally recognized reflexology education program or (2) the individual holds a certification of completion from a nationally recognized reflexology education program, and that program was completed no more than six months before receiving compensation for services. Provides that unless all reflexology services are performed by individuals holding a state license, a place of business where reflexology services are offered for compensation is subject to a civil penalty of no more than $500 per violation and a suspension of any license to operate the business for no more than 90 days. Requires businesses to display a valid and up-to-date certificate for all individuals offering compensated reflexology services.  Sets out information that must be included in advertisements. Provides for reciprocity for individuals licensed or certified to practice reflexology in another state or territory.  Provides that this Part does not apply to pressure to the reflex areas on the hands, feet, and outer ears in the regular course of the individual's work, so long as the specified requirements are met. 

    Part 3 of the new Article makes it State policy to consider music therapy as a healing arts profession. Defines music therapy as the clinical and evidence-based use of music interventions to accomplish individualized goals within a therapeutic relationship by a credentialed professional who has completed an approved music therapy program, including the specified assessments, development and implementation of treatment plans that use specified music interventions, and evaluation and documentation of the client's response to treatment. Defines music therapy services as the provision of services to accomplish music therapy goals, including (1) conducting an individualized assessment for the purpose of collecting systematic, comprehensive, and accurate data necessary to determine the course of action subsequent to the individualized treatment plan; (2) planning and developing the individualized music therapy treatment plan that identifies an individual's goals, objectives, and potential treatment intervention strategies; (3) implementing the individualized music therapy treatment plan consistent with the individual's overall treatment program; (4) systematically evaluating and comparing the individual's response to the individualized music therapy treatment plan and suggesting modifications, as appropriate; (5) developing a discharge plan in collaboration with the individual, the individual's family, treatment team, and other identified support networks, when appropriate; (6) minimizing the impact of environmental constraints as a barrier to participation in least-restrictive environments for individuals engaging in music therapy; (7) collaborating with and educating the individual, family, caregiver, and others to foster an environment responsive to the developmental needs of the individual as addressed in music therapy; or (8) consulting with groups, programs, organizations, or communities to improve accessibility to music therapy services.

    Establishes the three-member North Carolina Music Therapy Advisory Committee (Music Therapy Committee). Sets out membership requirements and provides for the appointment of initial members by January 1, 2025, with initial members serving 1-2 years. Subsequent membership terms are for three years, with no member serving for more than two consecutive terms. Sets out membership qualifications including citizenship requirements, residency requirements, certification as a music therapist, and being eligible to obtain a healing arts certification in music therapy (with the requirement that appointees immediately seek to obtain the license). Sets out additional restrictions on the public members. Provides for the election of a chair and other officers, holding meetings, and establishing a quorum. 

    Sets out the Music Therapy Committee's eight powers and duties, including establishing and determining qualification and fitness of applicants for a North Carolina Healing Arts License in music therapy; recommendations to the Commission to issue, renew, deny, suspend, revoke, or refuse to issue or renew North Carolina Healing Arts Licenses in music therapy; and recommendations to the Commission to discipline North Carolina Licensed Music Therapists. Sets out requirements for applying for a North Carolina Healing Arts License in music therapy, which must be renewed after five years, including completing the specified academic requirements, completing the specified exam, and completing the specified number of clinical training hours. Allows compensation for music therapy services to be received only when those services are performed by an individual holding a North Carolina Healing Arts License in music therapy. Subjects non-licensed individuals providing music therapy services or engaging in the practice of music therapy to penalties or an injunction. Provides for reciprocity for individuals licensed or certified to practice music therapy in another state or territory. 

    Part 4 of the new Article makes it State policy to consider naturopathic medicine as a healing arts profession. Defines naturopathic medicine as a system of natural health care that employs diagnosis and treatment using diagnostic techniques and natural therapies for the promotion, maintenance, and restoration of health and the prevention of disease, including all of the following: the administration or provision of any of the following for preventive and therapeutic purposes: natural medicines, natural therapies, natural topical medicines, hydrotherapy, dietary therapy, and naturopathic physical medicine; the use of diagnostic procedures, including physical and orificial examination, but excluding endoscopy, sigmoidoscopy, and colonoscopy; and the ordering, performing, and interpretation of laboratory tests and diagnostic imaging. Sets out the scope of practice of naturopathic medicine as well as prohibitions on practice. Sets out and defines other terms.

    Establishes the three-member North Carolina Naturopathic Medicine Advisory Committee (Naturopathic Therapy Committee). Sets out membership requirements and provides for the appointment of initial members by January 1, 2025, with initial members serving 1-2 years. Subsequent membership terms are for three years, with no member serving for more than two consecutive terms. Sets out membership qualifications including citizenship requirements, residency requirements, graduation from an approved program, and being eligible to obtain a healing arts license in naturopathic medicine (with the requirement that appointees immediately seek to obtain the license). Sets out additional restrictions on the public members. Provides for the election of a chair and other officers, holding meetings, and establishing a quorum.

    Sets out the Naturopathic Therapy Committee's eight powers and duties, including establishing and determining qualification and fitness of applicants for a North Carolina Healing Arts License in naturopathic medicine; recommendations the Commission to issue, renew, deny, suspend, revoke, or refuse to issue or renew North Carolina Healing Arts Licenses in naturopathic medicine; and recommendations to the Commission to discipline North Carolina Licensed Naturopathic Doctors. Sets out requirements for applying for a North Carolina Healing Arts License in naturopathic medicine, which must be every year, including completing the specified academic requirements, and completing the specified exam.

    Establishes the six-member Naturopathic Doctors Formulary Council to develop and recommend to the Naturopathic Therapy Committee a formulary for naturopathic doctors to use in practice. Sets out membership requirements, with members serving three year terms, and the Council's duties. Sets out requirements for the formulary.

    Prohibits practicing, attempting to practice, or claiming to practice, naturopathic medicine without a license. Sets out six exemptions, including practice by a naturopathic doctor duly licensed or registered in another state, territory, or the District of Columbia when called into this State to consult with a licensed or registered health care provider for a period not to exceed six months, and practice by students completing a clinical requirement for graduation from an approved program of naturopathic medicine, so long as the practice is performed under the supervision of a physician licensed under Article 1 of GS Chapter 90 or a licensed naturopathic doctor and the clinical requirement does not exceed one year.

    Provides for reciprocity. Requires reporting misconduct or incapacity of a licensed naturopathic doctor and sets out disciplinary actions that may be taken. Provides criminal and civil immunity for the Naturopathic Therapy Committee, its officers, employees, and staff for exercising, in good faith, the powers and duties given to the Committee.

    Amends GS 90-18, requiring a license to practice medicine or surgery, by excluding the practice of naturopathic medicine by a licensed naturopathic doctor.

    Amends GS 90-624 (activities not requiring a license to practice) in Article 36 (massage and bodywork therapy practice) which states nothing in Article 36 may be used to prohibit or affect a list of specified activities, by adding new subdivision (9) listing a licensed reflexologist engaged in the practice of reflexology as defined in GS 90-730.11.

    Enacts new GS 143B-975 allowing the Department of Public Safety to provide the Commission a criminal history record for naturopathic doctor licensure applicants. Requires the Commission to provide fingerprints and a consent form along with the requests for criminal history records. Allows charging a fee to offset the Department of Public Safety's costs for conducting the record check.

    Section 2

    Provides for initial appointments to the Commission on or before December 1, 2024, by designated appointing entities for specified terms ranging from one year to three years. Requires that the professional healing arts appointees appointed to the Commission must have been State residents for at least two years prior to appointment, certified by a national entity that certifies each respective profession, and eligible for licensure under the act.  Requires those healing arts appointees apply for a healing arts license as soon as the first application period begins and that they remain in good standing with the Commission. Directs that the violations and injunctive provisions set forth in GS 90-750.6 and GS 90-750.7 become effective on the date that is the first day of a month that begins 180 days after the Chair of the Commission certifies to the Revisor of Statutes that the Commission has begun accepting applications for Healing Arts Licenses, and applies to acts committed on or after that date.

    Section 3

    Includes persons employed by a barbershop whose duties are confined to the shampooing or blow drying of hair, provided that the person complies with the GS 86B-31’s sanitary rules under the exemptions from the provisions governing barbers under GS 86B-32 . Exempts persons employed in cosmetic arts shop whose duties confined to the shampooing or blow drying of hair, provided that the person conforms to rules governing sanitary management of cosmetic arts shops from the provisions governing cosmetic artists under GS Chapter 88B under GS 88B-25.

    Section 4

    Extends the training requirements for licensure as a massage and bodywork therapist to 650 in-class hours (currently, 500 in-class hours) under GS 90-629 (requirements for licensure). Applies to applicants who apply for licensure on or after July 1, 2024.

    Section 5

    Removes the licensure requirement that an electrologist be a resident of the State under GS 86B-53.

    Section 6

    Specifies that a rule submitted to the Codifier of Rules (COR) under GS 150B-21.21 (publication of rules of the NC State Bar, the Building Code Council and exempt agencies) becomes effective on the first of the month following submission for inclusion in the NC Administrative Code (NCAC).

    Section 7

    Directs the Legislative Library (Library) to send a request for documentation (i.e., the current membership, last reported minutes, current bylaws, and a listing of the entities to which reports are to be submitted) and confirmation of activity to all boards, committees, and commissions that have not expired or been repealed.  Directs the Library to compile a list of any entity that fails to respond within 120 days or responds, but has not met within the past 12 months and to send that list to the Joint Legislative Administrative Procedure Oversight Committee (Committee). Directs the Committee to recommend legislation to the 2025 Regular Session of the 2025 General Assembly to repeal those entities on the list.

    Section 8

    Extends the effective date of the amendments made to GS 113-170.3 (concerning reporting requirements and mandatory reporting for certain fisheries) by SL 2023-134 (2023 regulatory reform act) by one year. 

    Section 9

    Amends GS 14-159.1 (now criminal offense of contaminating or injuring a public water system and injuring a public wastewater treatment facility) as follows. Changes the intent requirement for the offense of contaminating a public water system from willfully and wantonly to knowingly and willfully commit any of the listed acts. Sets forth the separate offense of injuring a public water system, which makes it a Class C felony to knowingly and willfully stop, obstruct, impair, weaken, destroy, injure, or otherwise damage, or attempt to stop, obstruct, impair, weaken, destroy, injure, or otherwise damage, the property or equipment of a public water system, with the intent to impair the services of the public water system. (Currently, the only illegal acts pertaining to damaging a public water system are if the person willfully and wantonly damages or tampers with the property or equipment of a public water system with the intent to impair the system’s services.) Makes it a Class C felony to knowingly and willfully stop, obstruct, impair, weaken, destroy, injure, or otherwise damage, or attempt to stop, obstruct, impair, weaken, destroy, injure, or otherwise damage, the property or equipment of a wastewater treatment system (defined) that is owned or operated by a (1) public utility or (2) local government unit. Makes organizational and technical changes. Imposes a mandatory $250,000 fine for persons who commit any of the offenses listed in GS 14-159.1. Prevents the offense from merging with other offenses.

    Amends GS 62-323 (willful injury to public utility property) to increase the offense from a Class 1 misdemeanor to a Class C felony. Prevents merger of offenses. Specifies that the section only applies to conduct resulting in injury to a public utility or property thereof, that’s not otherwise covered by GS 14-159.1 (discussed above), GS 14-150.2 (injuring an energy facility), and GS 14-154 (injuring wires and other fixtures of telephone, broadband, broadcast, or cable telecommunications companies).

    Adds new GS 14-150.3 (injuring a manufacturing facility) making it a Class C felony for a person to knowingly and willfully stop, obstruct, impair, weaken, destroy, injure, or otherwise damage, or attempt to stop, obstruct, impair, weaken, destroy, injure, or otherwise damage, the property or equipment of a manufacturing facility (defined as a facility used for the lawful production or manufacture of goods).  Imposes a mandatory $250,000 fine for persons who commit the offense. Prevents the offense from merging with other offenses.

    Creates a civil action for persons whose property or person is injured by reason of a violation of GS 14-159.1, GS 62-323, or GS 14-150.3 with treble actual and consequential damages. Provides for direct, accessory, solicitation, conspiracy and material support liability. Directs that establishment of the statutory violation constitutes willful and wanton conduct for purposes of punitive damages and that the cap on punitive damages does not apply.  Directs that the civil action is in addition to any other rights and remedies provided by law.

    Directs that: (1) GS 14-159.1 (offenses for public water and wastewater facilities) does not apply to work or activity that is performed at or on a wastewater treatment facility by the owner or operator of the facility, or an agent of the owner or operator authorized to perform such work or activity by the owner or operator; (2) GS 62-323 (felony willful injury to public utility property) does not apply to work or activity performed at or on a public activity by the utility’s owner or operator or an agent thereof authorized to perform such work; and (3)  GS 14-150.3 (injury to a manufacturing facility) does not apply to work or activity performed at or on a wastewater treatment facility/public utility/manufacturing facility by the utility's/facility’s owner or operator or an agent thereof authorized to perform such work. Also specifies that GS 62-323 does not apply to lawful activity authorized or required under State or federal law.

    Repeals GS 143-152 (making it a misdemeanor to cause injury to intentionally or maliciously damage or obstruct any waterline of any public institution, or in any way contaminate or render the water impure or injurious).

    Amends GS 1D-27 by specifying that the cap on punitive damages in GS 1D-25(b) does not apply to violations of GS 14-150.2(b), GS 14-150.3(a), GS 14-159.1(a), (b), or (c), or GS 62-323(a).

    Effective December 1, 2024, and applies to offenses committed on or after that date. Specifies that prosecutions for offenses committed before December 1, 2024, are not abated or affected by the act, and the statutes that would be applicable but for the act remain applicable.  

    Section 10

    Enacts new Article 3 to GS Chapter 64, which is known as The NC High Purity Quartz Protection Act.  Contains findings. Specifies that it is in the public interest for the State to guard its deposits of high purity quartz from the potential of adversarial foreign government control to protect its vital mineral and economic resources. Contains five definitions, including adversarial foreign government (a state-controlled enterprise or the  government of a foreign nation that has received a designation under 15 C.F.R. § 7.4 from a determination by the United States Secretary of Commerce that the entity has engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or security and safety of United States persons). Prevents an adversarial foreign government from purchasing, acquiring, leasing or holding any interest in (1) a quartz mining operation or (2) land containing commercially valuable amounts of high purity quartz under new GS 64-53. Directs that any transfers of an interest in land or mining operation in violation of the above is void.  Designates the State and the US Secretary of Commerce as solely responsible for determining whether an individual or entity is subject to new Article 3. Directs that an individual or other entity that is not an adversarial foreign government does not bear any civil or criminal liability for failing to determine or make inquiry of whether an individual or other entity is an adversarial foreign government. Applies to interests in land acquired on or after the act becomes law.

    Section 11

    Expands the type of projects subject to the requirements for certification under Section 401 of the Clean Water Act included in GS 143-214.1A to include also electric generation projects located at an existing or former electric generation facility. Applies to applications for 401 Certification pending or submitted after the act becomes law. 

    Section 12

    Adds new GS 162A-900 (concerning limitations on allocating service for residential development), as follows. Prevents local government units from requiring applicants for water and sewer service for residential development to agree to conditions not otherwise authorized by law or offers to consent to any condition not otherwise authorized by law, including: (1) payment of taxes, impact fees or other fees, or contributions to any fund; (2) adherence to restrictions on land development or land use; and (3) adherence to any restrictions related to building design elements. Prevents local government units from implementing a scoring system or preference system to allocate water or sewer service among applicants for residential development that includes four listed matters, including considering building design elements, setting minimum square footage, or requiring additional fire apparatus roads that are not in compliance with the required number of such roads set forth in the NC Residential Code. Defines residential development as new development of single-family or multi-family housing.

    Section 13

    Amends GS 62-133.4 (concerning gas cost adjustments for natural gas local distribution companies), as follows. Prevents utilities from recovering from ratepayers, in any rate recovery proceeding or rider, the incremental cost of natural gas attributable to renewable energy biomass resources that exceeds the average system cost of gas unattributable to renewable energy biomass resources calculated and filed with the Utilities Commission (UC). Directs each natural gas local distribution company that incurs costs attributable to renewable energy biomass resources to submit the utility's actual cost thereof to the UC monthly for purposes of determining the total amount of natural gas costs recoverable under GS 62-133.4. Defines domestic wastewater, natural gas or gas, and renewable energy biomass resources. Amends the definition of cost to also include those related to the production of natural gas.

    Expands the things that are recoverable under GS 62-133.7A (concerning rate adjustment mechanisms for natural gas local distribution company rates) to allow the UC to enable a natural gas local distribution company to recover the prudently incurred capital investment and associated costs for producing and transporting natural gas as defined in GS 62-133.4 or consistent with the intent and purpose of GS 62-133.4. Makes organizational changes. Makes conforming changes, including to the statute's title.

    Applies to rate case proceedings filed on or after the date the act becomes law.

    Section 14

    Amends GS 159G-36 by no longer prohibiting grants under the Viable Utility Reserve to a single local government for emergency grants for operating deficits from being awarded for more than three consecutive fiscal years.

    Section 15

    Exempts an Eligible Disabled Veteran (a disabled military veteran who was honorable or separated under honorable conditions, who (i) has submitted an application for a pass included within the Annual Pass Program, and (ii) has provided the NC Division of Parks and Recreation [Division] a copy of the veteran's disability certification or evidence of benefits received under 38 U.S.C. § 2101) whose application under has been approved by the Division from being required to pay a fee for any pass included within the NC State Parks Annual Pass Program. Requires the Department of Natural and Cultural Resources (DNCR) to adopt rules, or amend any current rules, necessary to implement this section.

    Section 16

    Requires that the CAMA Rules (15A NCAC Subchapter 07H-State Guidelines for Areas of Environmental Concern) be implemented as follows.  The Coastal Resources Commission (CRC) will, for the purpose of a dune building and beach planting project, authorize local governments that have received a permit to construct a terminal groin pursuant to GS 113A-115.1 to establish a measurement line, as that term is defined under 15A NCAC 07H .0305(9), that represents the location of the first line of stable and natural vegetation that is covered by the dune building and beach planting project. The measurement line shall be: (1) established in coordination with the Division of Coastal Management using on-ground observation and survey or aerial imagery for  all areas of oceanfront that undergo dune building and beach planting project; and (2) applicable for a period of no less than two years from the completion of the dune building and beach planting project. Requires the Environmental Management Commission (EMC) to adopt rules consistent with the above. Applies the APA’s effective date provisions triggered when 10 or more written objections are received to the rule (GS 150B-21.3). Sunsets this provision when the permanent rules become effective. Specifies that the provisions of the APA requiring review by the rules commission do not apply.  Makes the above provisions effective on the later of the following dates and applicable to applications for permits pending on or filed on or after that date: (1) September 1, 2024, or (2) the first day of the month that is 60 days after the DEQ Secretary certifies to the Revisor of Statutes that the National Oceanic and Atmospheric Administration (NOAA) has approved the changes made to the CAMA rules.

    Requires DEQ, by August 1, 2024, to prepare and submit to NOAA for approval, the above proposed changes to the CAMA rules. Requires DEQ to report to the specified NCGA committee on the status of their activities under this section quarterly, beginning September 1, 2024, until the NCGA repeals this reporting requirement. 

    Section 17

    Amends GS 130A-291.1 (concerning septage management programs and permitting) to exempt food service establishments not involved in pumping or vacuuming a grease appurtenance from needing a permit under the statute.  

    Section 18

    Amends the outdoor grill requirements under GS 130A-248 (regulation of food and lodging establishments) to expand the acceptable surfaces of the grill to include stone or similar surfaces that comply with the relevant sections of the food code and no longer requires the outdoor grill to be in an enclosed area when not in operation.  

    Section 19

    Amends GS 20-119(f) as follows. Lists five requirements that a motor vehicle must meet in order to be used as an escort vehicle, including meeting a legal requirements for travel on a State roadway. Provides that the minimum age for an escort vehicle driver cannot be greater than 18. Directs that the Department of Transportation (DOT) cannot require escort vehicle drivers to possess a commercial drivers license. Allows persons holding a valid Class A commercial drivers license to sit for an escort vehicle certification exam without meeting any additional requirements. Requires DOT to allow third parties, including employers of escort drivers, to train and certify escort drivers pursuant to the rules issued by DOT to implement the changes to GS 20-119(f). 

    Section 20

    Amends GS 87-128 (absence of a facility location under the Underground Utility Safety and Damage Prevention Act) so that if an operator has visited the proposed excavation or demolition area and failed to properly locate a facility, there is a presumption, rebuttable by clear and convincing evidence, that the excavator has exercised due care, regardless of the presence of visible indications of a facility at the proposed excavation or demolition area, such as a pole, marker, pedestal, meter, or valve. Specifies that a facility is not  properly located if the marks are placed outside of the tolerance zone of the existing facility's actual location.

    Section 21

    Extends the expiration date of Section 5.17 of SL 2021-180’s specifications on design-building contracts using certain federal funds by two years, from December 31, 2025, to December 31, 2027. Makes conforming changes.

    Section 22

    Effective for taxable years beginning on or after January 1, 2025, amends GS 105-369(c) to require a tax collector, in addition to other advertisements required by the statute, to also advertise a tax lien by posting notice of the lien a conspicuous manner at the parcel to be advertised. Makes conforming changes.

    Section 23

    Adds new Part 6 to Article 9 of GS Chapter 160D, pertaining to unmanned aircraft traffic control devices, as follows.

    Allows a local government to plan for and regulate the siting, installation, modification, maintenance, and removal of advanced air mobility radar for traffic control of unmanned aircraft systems flown in accordance with Article 10 of GS Chapter 63.  Specifies that new Part 6 does not amend, modify, or otherwise affect any easement between private parties. Directs that any and all rights for the use of a right-of-way are subject to the rights granted pursuant to an easement between private parties.  Allows a local government to require a permit applicant to remove abandoned advanced air mobility radar within 180 days of abandonment. If not timely removed, allows the local government to remove the abandoned advanced air mobility radar and may recover the actual cost of such  removal, including legal fees, if any, from the permit applicant. Clarifies that nothing in Part 6 should be construed to limit the provisions or requirements of any historic district or landmark regulation adopted under GS Chapter 160D. Defines terms. Sets forth three requirements for a permit applicant proposing to construct advanced air mobility radar within the  planning and development regulation jurisdiction of a local government, including complying with all development regulations. Prevents local governments from assessing a fee for the application for, or the installation and use of, advanced air mobility radar provided the advanced air mobility radar is installed and operated in compliance with the standards and requirements set forth in new Part 6. Sets forth three things that the local government may review in considering an application, including information or materials directly related to an identified public safety or development regulation. Requires the local government to make a determination on the application within thirty days after the completed application is received. Allows the local government to condition approval for a new enhanced air mobility radar on any of five listed things including, the provision of a collocation agreement if collocation is deemed feasible (if not included in the application) and the applicant obtaining an FCC operator license for any spectrum band required for the installation.

    Allows a local government to agree to collocation on property owned by the local government, subject to any existing easements or lease agreements. Directs that GS 160A-321 (governing sales or leases of city owned enterprises) does not apply to the lease of any city-owned water tower for collocation of advanced air mobility radar. Directs that within 30 days of receipt of a request for collocation, a local government must either  initiate lease or disposal of the collocation property or deny the request. A request for collocation may be denied only for the following reasons: (1) there is insufficient capacity; (2) reasons of safety, reliability, and generally applicable engineering principles, and those limitations cannot be remedied by rearranging, expanding, or otherwise reengineering the eligible facilities at the reasonable and actual cost of the local government to be reimbursed by the permit applicant; and (3) the terms of property ownership prohibit collocation.

    Effective October 1, 2024.

    Section 24

    Adds new GS 75-44 (governing ticket price transparency), requiring a secondary ticket exchange, ticket issuer, or reseller to meet four listed  requirements when listing a ticket for sale or resale, including that the listing clearly and conspicuously disclose the total price of the ticket, including all mandatory fees and the maximum order processing fee, that the total price of the ticket initially displayed at the beginning of a ticketing session not be increased during that ticketing session, except by the addition of the charges permitted under GS 75-44 (i.e., actual delivery charges of a non-electronic ticket, government taxes or fees, and a reasonable processing fee). Specifies that a violation of GS 75-44 is an unfair trade practice and is subject to all of the investigative, enforcement, and penalty provisions of an unfair trade practice. Defines seven terms.  Effective January 1, 2025, and applies to tickets listed for sale or resale on or after that date.

    Section 25

    Amends Section 111.1(l) of the Charter of Winston-Salem (SL 2023-112) to change the filing deadline for a member of the classified service who wants a hearing from 1,030 days to ten days after learning of the action or omission of  which the member complains, but not before the member has exhausted all remedies provided by the grievance procedures established by ordinance or policy of the city. Requires the grievance procedure to be concluded within 30 days.

    Section 26

    Amends GS 153A-284 (a county’s power to require water or sewer line connections) so that a county may only require connection of an owner’s premises to a sewer line if the county has adequate capacity to transport and treat the proposed new wastewater from the premises at the time of connection.

    Section 27

    Amends GS 130A-309.204 (reports on coal ash management) to change DEQ’s reporting requirements to the Environmental Review Commission from quarterly to annually, by no later than October 1. Allows DEQ to combine this report with its report to the NCGA.

    Section 28

    Adds new GS 143B-279.20, requiring DEQ to report on any applications received for permits required for siting or operation of natural gas pipelines and gas-fired electric generation facilities within the State, and activities of the DEQ to process such applications, including  tracking of processing times (including total processing from when the initial/complete application is received to issuance or denial of the permit). Effective when this section becomes law and applies to applications for permits for natural gas pipelines and gas-fired electric generation facilities pending on or received on or after that date. Requires first initial report by no later than October 1, 2024.

    Section 29

    Amends the reporting provisions of the Stormwater Infrastructure Funds under Section 12.14 of SL 2021-180 so that DEQ’s annual reports are due by November 1 each year. Adds the Environmental Review Commission as a report recipient. Directs that the required reports should be submitted with reports required under GS 159G-26 and GS 159G-72 as a single report.

    Section 30

    Amends GS 77-98 (reporting requirements for the Roanoke River Basin BI-State Commission) and GS 77-117 (reporting requirements for the River Basin Advisory Commission) so that the report is only submitted on years when the commission(s) meets. 

    Section 31

    Repeals GS 108A-27.10(b), requiring the Director of the Budget report to the NCGA the number of permanent State employees who have been Work First Program Recipients during the previous calendar year.

    Section 32

    Repeals Section 2 of SL 2015-280, requiring entities, other than community colleges, receiving proceeds of public improvement bonds and notes, to make quarterly reports to the specified NCGA committees.

    Section 33

    Contains a severability clause. 


  • Summary date: Apr 26 2023 - View Summary

    Senate amendment makes the following changes to the 2nd edition. Amends GS 162-6.3 (pertaining to temporary employment needs of Cabinet and Council of State agencies) to require the Office of State Human Resources to also prohibit divisions (in addition to agencies) based on individual budget code, having an invoice more than 90 days past due and (was, or) over $200,000 to OSHR, from acquiring new temporary employees.  Amends the exception to employment bar detailed above by now specifying that failure to recruit for the class of temporary job assignments will cause severe harm to the agency's ability to provide services (was, vital services) to the public, in addition to other condition listed in the act.   Amends GS 162-6.3(a6) to specify that for any temporary employee that is not entered and monitored through the BEACON system, the agency must record the time worked by each temporary employee in the agency (was, each State agency granted an exception under this section from using the Temporary Solutions Program and any Council of State agency that elected to not use the Temporary Solutions Program shall record the time worked by each temporary employee in the agency) in specifying specific information that must be reported to OSHR.  Amends definition of intern to mean a student who, regardless of the number of credit hours enrolled, works to gain occupational experience for a period of time not to exceed at least one academic semester (was, not to exceed three months).  


  • Summary date: Apr 18 2023 - View Summary

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

    Revises the proposed changes to the Temporary Solutions Program for state agency temporary employment in GS 126-63. Regarding the 11-month employment limit for temporary employees, now provides that a temporary employee is only eligible for reinstatement on a job assignment after working 11 consecutive months if the employee is separated for at least 31 consecutive calendar days (was, provided for continuing the assignment after a 31-day break in service). Makes further changes to refer to a 31-day separation rather than break in service. Eliminates the provision specifying that temporary employees are not to be considered career State employees. More specifically requires the Office of State Human Resources (OSHR) to prohibit acquiring new temporary employees through the Program (previously, generally all new temporary employees) at any state agency owing an invoice to OSHR that is 90 days or more overdue or in excess of $200,000.

    Regarding exceptions to the statute's requirements, separates the authority granted to the OSHR Director relating creating exceptions to the requirements of subsection (a) and subsection (a1). Now authorizes the OSHR Director to create exceptions to the requirement that Cabinet agencies use the Program, mandated under subsection (a), when the Program cannot meet the agency's needs for a class of temporary job assignments and failure for to recruit that class of temporary job assignments will cause severe harm to the agency's ability to provide vital services to the public. Maintains the previously proposed authority of the OSHR Director to create exceptions to the temporary employment limitations of subsection (a1) when two conditions are met: if the exception would be in the best interest of the State and would not result in extending the temporary employment past 22 months. Makes a conforming change to new subsection (a5), which charges OSHR with monitoring Cabinet and Council of State temporary employees and separating those beyond the limitations of subsection (a1) from BEACON, to except instances where an exception applies. Makes a technical change regarding required content of quarterly reports by OSHR to the specified NCGA committee and division, to no longer note that the listed required content is not exclusive. 

    Eliminates the directive in the effective date provision to require any employee at the time of the act becoming law who has reached 11 months of temporary employment to take a 31-day break in service or be separated from employment if not covered by a exemption. Instead, adds that the act applies to temporary employees hired on or after the date the act becomes law. 


  • Summary date: Apr 5 2023 - View Summary

    Makes various changes to the Temporary Solutions Program for state agency temporary employment in GS 126-63. Restricts temporary employees to an 11-month term and imposes a mandatory 31-day break in service before any additional temporary work employment. Requires the Office of State Human Resources (OSHR) to prohibit new temporary employees at any state agency owing an invoice to OSHR that is 90 days or more overdue or in excess of $200,000. Provides exceptions for full-time students, retired employees, inmates on work-release, interns, or externs, and empowers the director of OSHR to create exceptions to the requirements if they would be in the best interest of the State and would not result in extending the temporary employment past 22 months. Requires Cabinet and Council of State agencies to send a notification of the 31-day break before an employee exceeds the 11 consecutive months. Requires OSHR to report quarterly, beginning July 1, 2023, to the Joint Legislative Oversight Committee on General Government and to the Fiscal Research Division on agency compliance and policies and rules adopted under the section. Provides definitions applicable to the section. Sets out record keeping requirements.

    Effective when it becomes law, and any employee at that time who has reached 11 months of temporary employment must take a 31-day break in service or be separated from employment if not covered by a exemption.