Bill Summary for H 374 (2017-2018)

Summary date: 

Jun 27 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 374 (Public) Filed Wednesday, March 15, 2017
Intro. by McElraft, Howard, Johnson, Hurley.

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Bill summary

Senate amendment makes the following changes to the 3rd edition.

Amends proposed GS 150B-31.2 (Contested cases for certain decisions of the Department of Environmental Quality and the Environmental Management Commission). Amends subsection (a), regarding the application of that statute, by deleting proposed language and instead provide that the statute establishes additional requirements for contested cases filed at the Office of Administrative Hearings that involve the issuance, denial, or modification of a permit, certificate for interbasin transfer, or certification under Section 401 of the Clean Water Act, by the Department of Environmental Quality or the Environmental Management Commission, where the Department or Commission accepts public comment through a procedure set out by statute or rule. Replaces subsections (c) and (d), regarding standing and review, with provisions prohibiting a party from bringing a contested case or seeking judicial review regarding a decision under this statute unless the party is the applicant for the permit, certificate for interbasin transfer, or certification under the Clean Water Act by the Department or Commission, or the party submitted comments to the Department or Commission during the comment period and raises an issue that either was raised with the Department or Commission prior to the decision with sufficient particularity, or could not have been raised as a particular basis prior to the decision.

Directs the Department of Environmental Quality to convene a series of meetings with relevant stakeholders to review federal and other state models that utilize an administrative record review and develop procedures implementing proposed GS 150B-31.2, and to report its findings to the Joint Legislative Oversight Committees on Agriculture and Natural and Economic Resources, on Justice and Public Safety, and Administrative Procedure no later than March 31, 2018.

Makes proposed GS 150B-31.2 effective January 1, 2019, and applicable to any of the specified classes of contested cases for which the application was received by the Department or Commission on or after that date. The remainder of the act is effective when it becomes law.

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