Bill Summary for H 201 (2013-2014)

Summary date: 

Jul 17 2014

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 201 (Public) Filed Monday, March 4, 2013
A BILL TO BE ENTITLED AN ACT TO AMEND THE APPLICABILITY OF THE ENERGY CONSERVATION CODE TO CERTAIN EXISTING NONRESIDENTIAL BUILDINGS, TO CLARIFY STORMWATER PROGRAM IMPERVIOUS SURFACE CALCULATIONS FOR REDEVELOPMENT, TO CREATE AN EXEMPTION FROM THE NORTH CAROLINA ENVIRONMENTAL PROTECTION ACT FOR THE REOCCUPATION OF AN EXISTING BUILDING OR FACILITY, AND TO AMEND THE STATUTE GOVERNING THE DEPARTMENT OF COMMERCE RURAL ECONOMIC DEVELOPMENT DIVISION.
Intro. by Torbett.

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Bill summary

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

Changes the short and long titles.

Deletes all of the provisions of the previous edition in their entirety and replaces it with the following.

Part I.

Enacts new GS 143-138(b15), which excludes certain alterations to commercial buildings from current energy code requirements, providing that alterations to a commercial building or structure that received a certificate of occupancy prior to January 1, 2012, are subject to the rules pertaining to energy efficiency and conservation that were in effect on December 31, 2011. Additions to commercial buildings and structures that received a certificate of occupancy on January 1, 2012 may be subject to the rules in effect on December 31, 2011, unless the addition increases the area of the existing building or structure to be more than 150% of the building area as it was on December 31, 2011. Defines commercial buildings and structures for the purposes of the section.

Part II.

Amends GS 143-214.7, establishing definitions for use in the section, including the terms development and redevelopment. Also incorporates the previously included and defined term built-upon area but removes gravel from the list of items excluded in its definitions and clarifies that slatted decks are not included in the definition (previously, excluded wooden slatted decks). 

Provides that stormwater runoff rules and programs cannot require new or increased stormwater controls for redevelopment activities if they do not remove or decrease existing stormwater controls, unless required by federal law. 

Sets out procedures for determining built-upon areas for stormwater programs. Allows the incorporation of data provided by an applicant if certified as specified in this section. If such data is not provided, the stormwater program will perform the calculations for determining built-upon area. 

Provides that, unless specifically authorized by the General Assembly, the Environmental Management Commission and the Department of Environment and Natural Resources do not have the authority to define the term gravel for the purposes of implementing stormwater programs. Provides that any such rule that does so is not effective and will not become effective. 

Amends Section 2 of SL 2006-246, as amended, making conforming changes, adding references to the definitions proposed in GS 143-214.7(a1) and deleting the definitions for development and redevelopment

Part III.

Amends GS 113A-12 to add that environmental documents are not required for the redevelopment or reoccupation of an existing building or facility if any additions do not increase the total footprint to more than 150% of the footprint of the existing building or facility and any new construction does not increase the total footprint to more than 150% of the footprint of the existing building or facility.

Amends GS 113A-8 to add that any ordinance adopted under the statute (allowing local government to adopt ordinances to require any special purpose unit of government or private developer of a major development project to submit detailed statements of the impact of the projects) must exempt from its requirements the certain cases for which an environmental document is not required under GS 113A-12.

Part IV.

Amends GS 143B-472.127 to allow economic development grants or loans awarded by the Rural Infrastructure Authority to be used to provide matching grants or loans to local governmental units located in a development tier one or tier two area or a rural census tract in a development tier three area (was, local government in an economically distressed county) that will productively reuse or demolish buildings (was, reuse vacant buildings) and properties and construct or expand rural health care facilities. Adds that the development tier designation of a county is determined according to GS 143B-437.08. Defines the rural census tract as a census tract with a population density of less than 500 people per square mile according to the most recent decennial federal census.

Part V.

Requires the Building Code Council, the Environmental Management Commission, the Coastal Management Commission, and the Department of Environment and Natural Resources to amend their rules to conform with this act.

Part VI.

Provides that if Senate Bill 38 (Amend Environment Laws 2014) becomes law, Section 28 (Clarify Gravel Under Stormwater Laws) is repealed.

Part VII.

Includes a severability clause.

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