RESTORE STATE CLAIM FOR WRONGFUL DISCHARGE (NEW)

View NCGA Bill Details2015-2016 Session
House Bill 169 (Public) Filed Thursday, March 5, 2015
AN ACT TO RESTORE THE STATE TORT CLAIM FOR WRONGFUL DISCHARGE.
Intro. by Hager, Presnell.

Status: Ch. SL 2016-99 (House Action) (Jul 18 2016)

SOG comments (2):

Change Long Title

Senate committee substitute to 3rd edition changed long title.  Long title was AN ACT TO LIMIT COUNTIES IN WHICH MOTOR VEHICLE EMISSIONS INSPECTIONS ARE REQUIRED.

Long Title Change

Conference report to the 6th edition made changes to the long title. The original title was as follows:

AN ACT TO PROVIDE FURTHER REGULATORY RELIEF TO THE CITIZENS OF NORTH CAROLINA

H 169/S.L. 2016-99

Bill Summaries:

  • Summary date: Jul 20 2016 - More information

    AN ACT TO RESTORE THE STATE TORT CLAIM FOR WRONGFUL DISCHARGE. Enacted July 18, 2016. Effective July 18, 2016, except as otherwise provided.


  • Summary date: Jul 1 2016 - More information

    Conference report makes the following changes to the 6th edition.

    Amends the act's short and long titles.

    Deletes all of the provisions from the previous edition and replaces it with the following.

    Amends GS 143-422.3, deleting language that provided that the Equal Employment Practices Act (Article 49A of GS Chapter 143) does not create a statutory or common law private right of action. Effective March 23, 2016.

    Amends GS 1-54 concerning civil actions that must be commenced within one year, adding new subdivision (12), providing that an action or proceeding for wrongful discharge in violation of the public policy set out in GS 143-422.2, concerning employment opportunity and discrimination based on race, religion, color, national origin, age, sex or handicap, must be commenced within one year. 


  • Summary date: Jun 8 2016 - More information

    Senate committee substitute makes the following changes to the 5th edition.

    Makes a technical correction to Section 4.3(c).

    Amends GS 143-215.107A to also remove Robeson and Stanly Counties from the counties required to perform motor vehicle emissions inspections under the statute.

    Makes a technical change to Section 4.6(c), subdivision (2).

    Repeals GS 106-261, which requires reports to the Commissioner of Agriculture as to milk purchased or sold in the State.

    Deletes Section 3.2(a) of the previous edition, which repealed GS 143-64.12, which provides for the authority and duties of the Department of Environmental Quality regarding the development, implementation, and review of State agencies and State institutions of higher learning to better manage energy, water, and other utilities used by those facilities.

    Moves Section 3.2(b) of the previous edition, which repeals GS 116-30.3B(c), to new Section 5.24. Also makes a clarifying change to the introductory language of the section.


  • Summary date: Jun 7 2016 - More information

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

    Amends GS 150B-21.6(4) to allow an agency to incorporate all or part of a code, standard, or regulation adopted by the federal government in a rule without repeating the text of the referenced material, if the agency establishes a procedure by which any change by the federal government is reviewed and approved by the agency within 120 days of the change, instead of the previous edition's 30-day window.

    Adds a new provision in Section 4.3 to the act to provide an effective date of January 1, 2017, for Section 4.3(b) that repeals GS 113A-112, which provided for planning grants under the Coastal Area Management Act.


  • Summary date: May 26 2016 - More information

    Senate committee substitute makes the following changes to the 3rd edition. Deletes the language of the 3rd edition and now provides the following.

    Changes the long title of the act to AN ACT TO PROVIDE FURTHER REGULATORY RELIEF TO THE CITIZENS OF NORTH CAROLINA.

    Changes the short title to Regulatory Reduction Act of 2016.

    Part I. Administrative Reforms

    Section 1.1

    Enacts new GS 150B-19.4 to add requirements on rules with substantial financial costs to the Administrative Procedure Act (APA). 

    Prohibits an agency from adopting a permanent rule or set of rules with a projected aggregate financial cost to all persons affected equal to or greater than $100 million during any five-year period, notwithstanding any authority given to an agency to adopt a rule. Establishes that an agency's determination of the projected aggregate cost of a permanent rule or set of rules must comply with GS 150B-21.4(b1), requiring an agency to prepare a fiscal note regarding the substantial economic impact of a proposed rule, which must be approved by the Office of State Budget and Management. Provides that an agency may not include any financial benefits of the permanent rule or set of rules in its determination of the projected aggregate financial cost of the rule or set of rules.

    Provides three requirements that must be met, if applicable, in adopting a permanent rule or set or set of rules if an agency determines that a proposed permanent rule or set of rules will have a projected aggregate financial cost of $10 million during any five-year period, as follows. Requires that, if the agency is a board, commission, council, or other similar unit of government, a certification that the adoption of the rule or set of rules must be approved by at least 60% of those voting on the rule or set of rules. Requires that, for an agency headed by a member of the Council of State, the adoption of the rule or set of rules must be accompanied by a certification signed by the member of the Council of State and indicate that member's review and support of the rule or set of rules. Requires that, for all other agencies, the adoption of the rule or set of rules must be accompanied by a certification signed by the Governor indicating the Governor's review and support of the rule or set of rules.

    Establishes that a permanent rule or set of rules subject to subsection (b) of the statute, as previously described, are subject to the provisions of GS 150B-21.3(b1), concerning delayed effective dates of rules, as if, pursuant to GS 150B-21.3(b2), concerning objections to a permanent rule, the rule or set of rules received written objections from 10 or more persons and a bill specifically disapproving the rule or set of rules was introduced in a house of the General Assembly before the 31st legislative day.

    Applies to rules adopted or undergoing the review process on or after the effective date of the act.

    Section 1.2

    Amends GS 150B-21.6, concerning incorporating material in a rule by reference without repeating the text of the reference material, by moving all or part of a code, standard, or regulation adopted by the federal government from existing subsection (2) to new subsection (4). Adds new stipulation to establish that if an agency incorporates all or part of a code, standard, or regulation adopted by the federal government by reference in a rule, without repeating the text of the referenced material, the agency must establish a procedure by which any change by the federal government is reviewed and approved by the agency within 30 days of the change. Makes technical change.

    Section 1.3

    Amends GS 150B-19.3(a) to provide that an agency that is authorized to implement and enforce State and federal environmental laws may not adopt a permanent rule (currently, a rule) for the protection of the environment or natural resources that imposes a more restrictive standard, limitation, or requirement than those imposed by federal law or rule, if a federal law or rule on the same subject matter has been adopted, unless adoption of the rule is required by subsection (a) of the statute. 

    Establishes that a permanent rule required by a serious and unforeseen threat to the public health, safety, or welfare are subject to the limitation and legislative review provisions of GS 150B-19.4(b) and (c), as enacted by this act. Makes conforming change to (a)(1) of the statute.

    Applies to rules adopted or undergoing the review process on or after the effective date of the act.

    Section 1.4

    Amends GS 150B-21.3A, concerning periodic review and expiration of existing rules, by combining existing subsections (e) and (e1) into one subsection (e). 

    Applies to rules adopted or undergoing the review process on or after the effective date of the act.

    Part II. Business Regulation

    Section 2.1

    Amends the North Carolina State Building Code (Building Code) in GS 143-138 by enacting a new subsection (b16) to direct the Building Code Council to provide for an exemption from any requirements in the energy efficiency standards pursuant to Chapter 13 of the 2012 Building Code and the 2012 Energy Conservation Code, and subsequent amendments to the Building Code and the Energy Conservation Code, for the specified use and occupancy classifications under Chapter 3 of the 2012 Building Code. Specifies the following: Section 306, Factory Group F; Section 311, Storage Group S; and Section 312, Utility and Miscellaneous Group U.

    Section 2.2

    Amends GS 45-91, concerning the assessment of fees, processing of payments, and publication of statements in mortgage debt collection and servicing, to enact a new subsection (6). Establishes that the statement mailing requirements and borrower notification requirements of the statute are deemed satisfied by compliance with the disclosure requirements contained in Regulation Z, 12 CFR 1026.41, which is a federal regulation titled Truth In Lending, and statutory provisions for periodic statements for residential mortgage loans.

    Section 2.3

    Amends GS 18B-1105(a), providing for the permissible activities of a holder of a distillery permit, by amending subsubsection (2) to replace language establishing that a permit holder may sell, deliver, and ship spirituous liquor in closed containers, subject to the laws of other jurisdictions, at wholesale or retail to private or public agencies or establishments of other states or nations, by adding new subsubsection (2a) to provide that a permit holder may sell spirituous liquor in closed containers at wholesale or retail, subject to the laws of other jurisdictions, for delivery outside the State. Amends subsubsection (4), allowing distilleries to sell spirituous liquor distilled at the distillery in closed containers to visitors who tour the distillery for consumption on the premises, to establish that consumers purchasing spirituous liquor under subsubsection (4) are limited to purchasing, and the selling distillery is limiting to selling to each consumer, no more than one bottle of each product at the distillery of spirituous liquor per 12-month period. Makes a technical change.

    Amends GS 18B-804, concerning alcoholic beverage pricing, to establish that, when a holder of a distillery permit sells spirituous liquor for delivery outside the State, pursuant to GS 18B-1105(a)(2a) as enacted by this act, the retail price of the spirituous liquor is to be the distiller's price.

    Amends GS 18B-800(a), concerning the sale of alcoholic beverages in ABC stores, to additionally except the provisions of Article 11 of GS Chapter 18B, as amended by Section 2.3(a), from the rule statute establishing that spirituous liquor may be sold only in ABC stores operated by local boards. 

    Directs the Alcoholic Beverage Control Commission to adopt temporary rules to amend its rules consistent with Section 2.3 of the act.

    Provides that the provisions of Section 2.3 are effective July 1, 2016.

    Part III. State and Local Government Regulation

    Section 3.1(a)

    Provides the definitions for Hospital Facilities Rules and Guidelines as they apply to Section 3.1 of the act. 

    Section 3.1(b)

    Directs the Secretary of the Department of Health and Human Services and the Medical Care Commission (Commission) to repeal the Hospital Facilities Rules (Rules) on or before December 31, 2016. Defines Hospital Facilities Rules to mean 29 NCAC regulations, as specified in Section 3.1(a)(1).

    Section 3.1(c)

    Requires the Commission to adopt temporary rules to replace the Rules before the effective date of the repeal of the Rules required in Section 3.1(b). Requires the Commission to incorporate by reference all applicable rules, standards, and requirements of the most current edition of the Guidelines. Defines Guidelines to mean the American Society for Healthcare Engineering's Facility Guidelines Institute "Guidelines for Design and Construction of Hospitals and Outpatient Facilities."

    Provides that if temporary rules are not adopted before the repeal of the Rules, the Commission must use the 2014 Edition of the Guidelines until the temporary rules are adopted. 

    Requires the Commission to adopt permanent rules pursuant to Section 3.1(c).

    Section 3.1(d)

    Directs the Commission to adopt rules to replace the Hospital Facilities Rules. Requires the rules adopted pursuant to Section 3.1(d) to conform to the provisions of Section 3.1(c) of the act, notwithstanding GS 150B-19(4), and that are not subject to Part 3 of Article 2A of GS Chapter 150B (Adoption of Rules under the APA).

    Provides that rules adopted pursuant to Section 3.1(d) are effective as provided in GS 150B-21.3(b1) (effective dates of rules) as though 10 or more written objections had been received as provided in GS 150B-21.3(b2) (objection of rules), similar to new GS 150B-19.4(c) concerning legislative review of rules with substantial financial costs, as enacted by this act.

    Exempts rules adopted pursuant to Section 3.1(d) from the provisions of GS Chapter 150B that require the preparation of fiscal notes for any rule proposed to incorporate the Guidelines by reference.

    Section 3.1(e)

    Exempts the Hospital Facilities Rules from periodic review pursuant to GS 150B-21.3A until the Rules are repealed pursuant to Section 3.1(b) of the act.

    Section 3.2

    Repeals GS 143-64.12, which provided for the authority and duties of the Department of Environmental Quality regarding the development, implementation, and review of State agencies and State institutions of higher learning to better manage energy, water, and other utilities used by those facilities.

    Repeals GS 116-30.3B(c), which required constituent institutions of the University of North Carolina to submit annual reports on the funds authorized pursuant to the statute as required under GS 143-64.12.

    Section 3.3

    Amends GS 115C-174.12(c), regarding the responsibilities of agencies in testing in elementary and secondary education, by eliminating the provision encouraging the local school administrative units to continue to develop local testing programs designed to diagnose student needs.

    Part IV. Agriculture, Energy, Environmental, and Natural Resources Regulation

    Section 4.1

    Repeals Part 2H of Article 9 of GS Chapter 130A, which are provisions for discarded computer equipment and television management of solid waste management statutes.

    Makes conforming change by repealing GS 130A-309.10(f)(14).

    Makes conforming change by repealing GS 130A-309.10(f)(15).

    Makes conforming change by repealing GS 130A-309.10(f1)(7).

    Makes conforming change by repealing GS 130A-309.10(f1)(8).

    Section 4.1(f)

    Makes conforming change by repealing GS 130A-309A(d)(8).

    Section 4.2

    Amends GS 130A-290, concerning solid waste management, by amending the definition of yard trash to means solid waste resulting from landscaping and yard maintenance, including brush, grass, tree limbs, and similar vegetative material (previously, defined as solid waste consisting entirely of vegetative matter resulting from landscaping maintenance). Enacts new subsubsection (46) to define yard waste to mean yard trash and land-clearing debris, including stumps, limbs, leaves, grass, and untreated wood.

    Amends GS 130A-294, setting out the solid waste management program, by adding a new subsection (v) to exempt yard waste diverted from the waste stream or collected as source separated material from permitting for solid waste transfer, treatment, processing, storage, or disposal in a permitted solid waste management facility. Requires operators of facilities where yard waste is subject to transfer, treatment, processing, storage, or disposal to comply with all other federal, State, or local laws, ordinances, rules, regulations, or orders, including zoning, flood plain, and wetland restrictions, sedimentation and erosion control requirements, and mining regulations. Provides that nothing in new subsection (v) is to be construed as limiting the authority of any local government to manage the transfer, treatment, processing, storage, or disposal of yard waste.

    Provides that the provisions of Section 4.2 are effective July 1, 2017, and apply to the transfer, treatment, processing, storage, or disposal of yard waste occurring on or after that date.

    Section 4.3

    Repeals GS 113A-109, which provides for county letters of intent and a timetable for preparation of land use under the Coastal Area Management Act.

    Repeals GS 113A-112, which provides for planning grants under the Coastal Area Management Act.

    Section 4.4

    Repeals SL 2001-355, Section 4(c), which provides for the Soil and Water Conservation Commission to approve a point system for pasture management practices.

    Section 4.5

    Directs the Commission for Public Health to repeal 10A NCAC 41A. 0301 (Definitions) and 10A NCAC 41A .0302 (Sale of Turtles Restricted) on or before December 1, 2016. Prohibits the Department of Health and Human Services, the Department of Environmental Quality, or any other political subdivision of the State from implementing or enforcing those regulations until the effective date of the repeal, as required under Section 4.5 of this act.

    Section 4.6

    Amends GS 143-215.107A(c), which specifies the counties covered by the motor vehicle emissions testing and maintenance program, by removing Burke, Cleveland, Rutherford, Stokes, Surry, and Wilkes counties from the counties covered by the statute.

    Section 4.6

    Requires the Department of Environmental Quality (DEQ) to prepare and submit to the United States Environmental Protection Agency (EPA) for approval by that agency a proposed North Carolina State Implementation Plan (SIP) amendment based on the change to the motor vehicle emissions testing program provided in Section 4.6(a) of the act no later than December 31, 2016.

    Provides that Section 4.6 of the act becomes effective on the later of the following dates and applies to motor vehicles inspected, or due to be inspected, on or after the effective date of the act: (1) July 1, 2017 or (2) the first day of a month that is 60 days after the DEQ certifies to the Revisor of Statutes that the EPA has approved an amendment to the SIP submitted as required by Section 4.6(b) of the act. Requires the DEQ to provide notice along with the effective date of the act on its website and by written or electronic notice to emissions inspection mechanic license holders, emissions inspection station licensees, and self-inspector licensees in the counties where motor vehicle emissions inspection requirements are removed by the act.

    Part V. Eliminate, Consolidate, and Amend Reports to the Environmental Review Commission

    Section 5.1

    Repeals GS 74-54.1(c), which required the Department of Environmental Quality to report annually to the Environmental Review Commission, the Fiscal Research Division, and the North Carolina Mining Commission on the cost of implementing the Mining Act of 1971 (Article 7 of GS Chapter 74).

    Section 5.2

    Repeals GS 143-135.39(f) and (g), which required the Department of Administration to annually report on the implementation of the Sustainable Energy Efficient Buildings Program to the General Government Appropriations Subcommittees of both the Senate and the House of Representatives, the Environmental Review Commission, and the Joint Legislative Commission on Governmental Operations.

    Repeals GS 143-135.40(b), which required the Department of Administration to report the results of its monitoring of construction standards and sustainable building standards under the statute.

    Section 5.3

    Amends GS 143-215.9B to eliminate the requirement of the Environmental Management Commission to report on its progress in developing and implementing the collection system permit program required by the statute as part of its quarterly report to the Environmental Review Commission pursuant to GS 143B-282(b).

    Section 5.4

    Repeals GS  143-215.107C(d) and (e), which both required annual reports from the Department of Transportation (DOT) detailing plans to reduce miles driven by public and private sector employees.

    Section 5.5

    Amends GS 143-341(8)(i).2b to eliminate an annual report by the Department of Administration concerning the number of new cars bought plus savings or costs for the purchases of those cars and fuel, as far as its duties concerning the operation of a central motor pool.

    Section 5.6

    Repeals GS 143B-279.5, which established and required a Biennial State of the Environment Report.

    Section 5.7

    Repeals GS 143B-279.7(c), deleting a requirement that the Department of Environmental Quality must annually report on the fish kill activity in North Carolina.

    Section 5.8

    Amends Section 11.1 of SL 1999-329, deleting a reporting requirement that the Environmental Management Commission must report on progress concerning the development of engineering standards for municipal and domestic wastewater collection systems to allow interconnection.

    Section 5.9

    Amends Section 13.9(d) of SL 2000-67, deleting a requirement that the Department of Environment and Natural Resources revise the beach management and restoration plan every two years.

    Section 5.10

    Repeals Section 29(j) and 29(k) of SL 2014-120 concerning annual reporting requirements by regulatory authorities concerning the informal review process for reviewing engineering work as specified.

    Section 5.11

    Amends GS 143B-279.8(e) to require a report from the commissions specified regarding the progress of the Coastal Habitat Protection Plans only when significant revisions have been made to those plans (previously required each Commission to report annually regarding the plan). Also repeals GS 143B-279.8(f). which required an additional report from the Secretary of Environmental Quality concerning the Coastal Habitat Protection Plan upon making substantial revisions.

    Section 5.12

    Amends GS 143-215.3A(c) concerning required reporting from the Department of Environmental Quality (DEQ) to the Environmental Review Commission (ERC) and the Fiscal Research Division about environmental permitting programs, reducing the reporting to only on or before January 1 of each odd-numbered year (was, November of each year).  Also adds language that requires this report to be submitted with the report required in GS 143B-279.17, concerning permit processing times.  Also amends GS 143B-279.17, concerning reporting on permit processing times for the One-Stop for Certain Environmental Permits Program and the Express Permit and Certification Reviews, reducing the reporting requirement to only on or before January 1 of each odd-numbered year (was, by March of each year). Adds conforming language reflecting the above requirement that this report be submitted with that required in GS 143-215.3A(c). Provides that the first joint report is to be submitted no later than January 1, 2017.

    Section 5.13

    Amends GS 143B-282(b) and GS 143-215.1(h), both concerning reporting requirements of the Environmental Management Commission (EMC) (specifically concerning the operation and activities of the EMC as well as information on the modification of existing permits as specified), now providing that the specified reports shall be submitted on an annual basis, by January 1 of each year (was, on quarterly basis). Further provides that the required reports are to be submitted jointly, with the first combined report to be submitted to the ERC no later than January 1, 2017.

    Section 5.14

    Amends the following statutes concerning reporting requirements: GS 130A-309.140(a)(concerning recycling of discarded computers and televisions), GS 130A-310.40 (concerning evaluation of the Brownfields Property Reuse Act), GS 130A-310.10(a) (concerning the Inactive Hazardous Waste Response Act), GS 143-215.104U(a) (concerning the Dry-Cleaning Solvent Cleanup Act); and GS 130A-294(i) (concerning the implementation and cost of the hazardous waste management program),  deleting the reporting requirements and replacing them with language that requires the same information and reports to be included and submitted with the annual solid waste management report  required to be submitted by the DEQ on or before January 15 of each year, pursuant to GS 130A-309.06(c). Amends GS 130A-309.06(c) to add and include all of the above reports and information into the annual report on the status of solid waste management submitted by the DEQ to the ERC and the Fiscal Research Division. Provides that the first combined report as provided above will be submitted to the ERC and the Fiscal Research Division no later than January 15, 2017. Makes clarifying and technical changes.

    Section 5.15

    Amends both GS 113A-67 (concerning reporting of the implementation of the Sedimentation Pollution Control Act of 1973) and GS 143-214.7(e) (concerning  reporting on stormwater control programs) to require the specified reports to be submitted together to the ERC. Also provides that the report in GS 143-214.7(e) is to be submitted by the DEQ (previously, the NC Environmental Management Commission). Requires the first combined report to be submitted to the ERC no later than October 1, 2016.

    Section 5.16

    Repeals GS 143-355(n) and GS 143-355(o)(9), which respectively included requirements to report on  the development of a State water supply plan and a basinwide hydrologic model.  These requirements are now found in newly enacted GS 143-355(p), which directs the DEQ to report to the ERC, no later than November 1 of each year, concerning the development of a State water supply plan and a basinwide hydrologic model. Further directs the DEQ to submit this report with the report on basinwide water quality management plans required pursuant to GS 143-215.8B(d) as a single report.  Amends GS 143-215.8B(d), making conforming changes reflecting  the joint reporting requirements above.  Requires the first combined report to be submitted to the ERC no later than November  1, 2016.

    Section 5.17

    Amends GS 159G-26(a) (reporting requirements  concerning the Water Infrastructure Fund) and GS  159G-72 (reporting of State Water Infrastructure Authority findings ) to combine the required reports into one report to be submitted by November 1 of each year. The report is to be submitted to the ERC, the Joint Legislative Oversight Committee on Agricultural and Natural and Economic Resources, and the Fiscal Research Division. Previously required the State Water Infrastructure Authority to submit the report to the Senate Appropriations Committee on Natural and Economic Resources and the House of Representatives Appropriations Subcommittee on Natural and Economic Resources; these requirements have now been deleted. Requires the first combined report to be submitted no later than November  1, 2016. Makes clarifying and technical changes.

    Section 5.18

    Amends GS 106-850(e) and GS 106-860(e) (both concerning reporting requirements of the Soil and Water Conservation Commission, either for the Agriculture Cost Share Program or the Community Conservation Assistance Program) to require that the reports be submitted together as one report, no later than January 31 of each year. Also amends GS 139-60(d) (concerning the Agricultural Water Resources Assistance Program) to conform all of its reporting requirements to those of GS 106-850(e) (previously, was not required to submit report to the Fiscal Research Division).  Further requires that the first combined report to the ERC and the Fiscal Research Division is to be made no later than January 31, 2017. Makes technical changes.

    Section 5.19

    Amends GS 113A-115.1(i) concerning  required reports of the Coastal Resources Commission in regards to the terminal groins pilot project, providing that a report on the implementation of the project must be submitted to the ERC by January 1, 2017, and then every five years after that (previously required submittal of the report every year).

    Section 5.20

    Amends GS 143B-135.48(d) concerning required reports of the Department of Natural and Cultural Resources regarding the Parks System Plan, providing that the report must be submitted to the ERC, the Joint Legislative Oversight Committee on Agricultural and Natural and Economic Resources, and the Fiscal Research Division no later than October 1, 2016, and then every five years after that that (previously required submission of the report every year).  Also deletes requirement that the report also be submitted to the Senate and House of Representatives appropriations committees that have jurisdiction over natural and cultural resources.  Makes conforming changes.

    Section 5.21-5.23

    Amends reporting requirements found in Section 15.6 of SL 1999-237 (concerning funds used from the Superfund),  GS 87-98(e) (concerning expenditures from the Bernard Allen Emergency Drinking Water Fund), and GS 143B-135.56(f) (concerning  allocations from the Recreation Trust Fund), deleting various reporting requirements and now providing that the required reports in Section 15.6 of SL 1999-237 be submitted only to the Joint Legislative Oversight Committee on Agricultural and Natural and Economic Resources; those in GS 87-98(e) be submitted to the Joint Legislative Oversight Committee on Agricultural and Natural and Economic Resources and the Fiscal Research Division; and those in GS 143B-135.56(f) to the Joint Legislative Oversight Committee on Agricultural and Natural and Economic Resources, the Fiscal Research Division, and the ERC.

    Part VI  Severability Clause and Effective Date

    Section 6.1

    Includes a severability clause.

    Section 6.2

    Unless otherwise provided, the act is effective when it becomes law. 


  • Summary date: Jul 16 2015 - More information

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

    Adds the following to those counties where motor vehicle emissions inspections are no longer required under GS 143-215.107A: Brunswick, Caldwell, Carteret, Catawba, Chatham, Cleveland, Craven, Edgecombe, Franklin, Harnett, Henderson, Lee, Lenoir, Moore, Nash, New Hanover, Onslow, Robeson, Rockingham, Stanly, Stokes, Wayne, and Wilson.

    Specifies that the Department of Environment and Natural Resources (DENR) must, by July 1, 2018, prepare and submit to the US Environmental Protection Agency (EPA) for approval a proposed NC State Implementation Plan amendment that is based on the change to the motor vehicle emissions testing program made in this act.

    Amends the effective date provision so that the act is effective upon the later of (1) January 1, 2020 (was, 2016) or (2) the first day of a month that is 60 (was, 30) days after DENR certifies that the US EPA has approved the amendment to the NC State Implementation Plan; adds that DENR must provide this notice and the effective date of this act on its website and through written or electronic notice to specified impacted parties in counties where motor vehicle emissions inspection requirements are removed by the act.


  • Summary date: Mar 18 2015 - More information

    House committee substitute to the 1st edition makes the following changes. Adds Granville County to those counties where motor vehicle emissions inspections are no longer required under GS 143-215.107A.


  • Summary date: Mar 5 2015 - More information

    Amends GS 143-215.107A to no longer require motor vehicle emissions inspections in Burke, Haywood, Rutherford, Surry, and Wilkes counties. Effective on the later of January 1, 2016, or the first day of a month that is 30 days after the Department of Environment and Natural Resources certifies to the Revisor of Statutes that the US Environmental Protection Agency has approved the amendment to the NC State Implementation Plan based on the change to the motor vehicle emissions testing program provided in this act.


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