Bill Summary for H 119 (2011-2012)

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Summary date: 

Jun 3 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 119 (Public) Filed Wednesday, February 16, 2011
TO AMEND CERTAIN ENVIRONMENTAL AND NATURAL RESOURCES LAWS TO (1) CLARIFY THE PROHIBITION ON DISPOSAL IN LANDFILLS OR BY INCINERATION OF BEVERAGE CONTAINERS THAT ARE REQUIRED TO BE RECYCLED BY CERTAIN ABC PERMITTEES; (2) DIRECT THE ENVIRONMENTAL MANAGEMENT COMMISSION AND THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO INCORPORATE STORMWATER CAPTURE AND REUSE STANDARDS AND BEST MANAGEMENT PRACTICES INTO STORMWATER RUNOFF RULES AND PROGRAMS; AND (3) AMEND THE WATER USE STANDARD FOR PUBLIC MAJOR FACILITY CONSTRUCTION AND RENOVATION PROJECTS TO REQUIRE THE INSTALLATION OF WEATHER BASED IRRIGATION CONTROLLERS AND AUDITS OF EXISTING IRRIGATION SYSTEMS BY AN IRRIGATION CONTRACTOR LICENSED UNDER CHAPTER 89G OF THE GENERAL STATUTES.
Intro. by Gillespie, McElraft.

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Bill summary

House committee substitute makes the following changes to 1st edition. Amends GS 143-350 to define gray water and gray water system. Rewrites GS 143-355.5 to acknowledge that it is the public policy of North Carolina that the reuse of treated or reclaimed water, along with gray water or captured rain water, is critical to meeting the existing and future needs of the state. Creates new subsection (c) to GS 143-355.5 to direct the Environmental Management Commission (Commission) to adopt rules to encourage and promote the safe and beneficial use of gray water, as detailed. Creates new subsection (d) to GS 143-355.5 to direct the Department of Environment and Natural Resources to develop policies and procedures to promote the adoption and installation of gray water systems. Makes a conforming change to GS 130A-335(b). Enacts new GS 160A-202 to prohibit a city from adopting ordinances against the installation and maintenance of cisterns and rain barrels.
Rewrites Section 5 of SL 2007-438, as amended, to clarify that the nutrient offset payment schedule will expire when the rules establishing the new payment schedule become effective.
Authorizes the Commission for Public Health to adopt rules to incorporate all or part of the United States Food and Drug Administration Food Code 2009. Creates new subsection (a5) to GS 130A-248 to provide that the Department of Health and Human Services may grant a variance from the rules adopted pursuant to the statute if the Department determines that the issuance of the variance will not result in a health hazard or nuisance condition.
Creates new subsection (a1) to GS 113A-54.1 to provide that draft erosion and sedimentation control plans for the construction of utility lines for the provision of water, sewer, gas, telecommunications, or electrical service, may be submitted without a landowner’s written consent, so long as the landowner has been provided with prior notice of the project.
Changes title to AN ACT TO AMEND CERTAIN ENVIRONMENTAL AND NATURAL RESOURCES LAWS.