Bill Summary for H 374 (2017-2018)

Summary date: 

Jun 15 2018

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

Conference committee report rewrites the 4th edition entirely and changes the bill title to read AN ACT TO PROVIDE FURTHER REGULATORY RELIEF TO THE CITIZENS OF NORTH CAROLINA. 

Amends GS 150B-23(f) by adding electronic delivery as an authorized method of delivery of the agency decision.

Amends GS 130A-247(8) by adding to the definition of temporary food establishment an agritourism business, and defines agritourism as provided under GS 153A-340(b)(2a).  Authorizes a local health department to grant a one-time, 15-day extension of a temporary food establishment’s permit if the establishment continues to meet all permit requirements and applicable rules.

Amends GS 88B-6(a), changing the required office location for the North Carolina Board of Cosmetic Art Examiners from Raleigh to Wake County.

Amends GS 75-41 by adding a new subsection (d1) to exempt real estate professionals licensed under Chapter 93A from the statute’s automatic renewal requirements for contracts.

Amends GS 25A-34 by clarifying that a scheduled payment may be no more than 10% larger than the average of earlier scheduled payments, and exempts from the statute the sale of a motorcycle as defined in GS 20-4.01(27) with a purchase price of $7,500 or more.

Amends GS 74D-8 (a)(1)b. by requiring employees of alarm systems businesses who install or service electronic security systems in commercial business establishments to be registered with the Alarm Systems Licensing Board.

Amends GS 166A-19.70(c) by requiring that the precertification for transporting commercial essentials or restoring utility services be renewable.

Uncodified provision requires the Division of Mitigation Services to review and revise bidding and contracting procedures for procuring mitigation services to include that bonding or other surety requirements for construction of mitigation projects must be only the minimum necessary to secure State funds under the mitigation contract, and that post-construction bond periods must be only for the minimum amount of time necessary to determine with a reasonable degree of certainty that the project is successful and the reasonably determined level of financial risk to the state in the event of project failure.  Requires the Division to report, December 1, 2018, to the Environmental Review Commission on implementation of the requirement including methodology for setting bond amounts and time limits.

Amends GS 130A-336(b1) providing that site activities begun or completed on a project in compliance with the original permit issued by a local health department does not constitute altered conditions and is not a basis for refusing a permit extension.  Authorizes a property owner to have a site verification conducted by a licensed soil scientist to verify whether the conditions of the original permit are unchanged, and requires a local health department to accept a report by a licensed soil scientist in lieu of verification by the department.

Uncodified provision adds to the charge of the Legislative Research Commission’s Study of Rates and Transfers/Public Enterprises authorization to recommend legislation necessary to grant or clarify mandatory connection authority relating to use of an engineering option permit for wastewater, for multiple public systems operating singularly, and for public-private partnerships.

Amends GS 130A-334(9a) by exempting from the definition of repair to a permitted wastewater system the replacement of a damaged gravity distribution box by a certified on-site wastewater contractor.

Amends GS 130A-334(15) by deleting from the definition of a wastewater system that, for permitting purposes, a system located on multiple adjoining lots or tracts of land under common ownership or control be considered a single system.

Amends GS 130A-335 by adding a new subsection (a2) requiring approval by the applicable permitting authority evaluations conducted by a licensed soil scientist or a licensed geologist under the following conditions: the evaluation satisfies all the requirements of Article 11 of Chapter 130A governing wastewater systems, the evaluation does not cover areas outside the scope of the applicable license, and the licensed professional conducting the evaluation maintains an errors or omissions liability insurance policy commensurate with the risk.  Amends subsection (c) to require local boards of health to use historical experience to establish modifications or additions to rules established by the Commission and to clarify that the Department’s findings regarding local health department rules include modifications or additions to the Commission’s rules.

Amends GS 130A-343(a)(1) by adding to the definition of an accepted wastewater dispersal system one with a trench dispersal system approved by the Department and deletes the requirement that a system which has been in use for more than five years be an innovative system, and makes conforming changes to subsection (h) of the statute.

Uncodified provision requires the Environmental Management Commission to adopt a rule amending the permit and application fees rule for permits issued under 15A NCAC 02Q.0203 by setting the application fee and permit fee for certain air curtain burner facilities with emissions below the Title V major source threshold at an amount of 10% of the otherwise applicable fee.  Establishes this fee temporarily until the Commission has adopted the required rule.  Exempts this rule from various provisions of Chapter 150B.

Uncodified provision requires the Environmental Management Commission to review local government implementation of delegated stormwater management programs to determine which local governments are enforcing regulations that exceed state law and have taken enforcement action based on TMDL levels or NPDES permits that exceed state law.  Requires the Commission to report to the Environmental Review Commission by January 1, 2019.

Amends GS 113A-115.1 by adding a new subsection (c1) authorizing the Commission to authorize repair or replacement of a temporary erosion control structure permitted prior to July 1, 1995, if the structure is located adjacent to an intertidal marine rock outcropping designated as a natural heritage area and the replacement structure will comply with applicable laws in effect at the time the structure is replaced other than rules to which the Commission granted a variance.  Further amends subsection (c) authorizing the Commission to issue a permit for a permanent erosion control structure (was, erosion control structure) originally permitted pursuant to a variance granted prior to July 1, 1995.

Uncodified provision deems a subdivision compliant with the requirements of SL 2008-211 relating to stormwater management if the subdivision’s original declaration of covenants was recorded at 20 years prior to the effective date of this act, and the original developer transferred the stormwater permit to the homeowners association who had no notice of noncompliance with impervious surface limitations.  Limits application of this provision to impervious surfaces built prior to January 1, 2017.  Further provides that, notwithstanding the requirements of SL 2008-211, a regional water facility is not required to increase the size of its wet detention ponds or decrease the amount of impervious surfaces for which it has been permitted based on unintentional incorrect calculations in its stormwater management permit.  Makes this provision effective when the act becomes law and applies to all permits issued both before and after that date.

Uncodified provision amends Sec. 3.1(c) of SL 2017-190 to exempt eels imported from the State of Maryland for use in an aquaculture operation from the permitting requirements of the Importation of Marine and Estuarine Organisms Rule.

Amends GS 143B-279.9 by repealing reference to land contaminated from discharge from an underground storage tank and requires that, for all sites contaminated by discharge from an above-ground storage tank, the imposition of restrictions on current or future use of the real property on such sites are only allowed if the Department determines that the legal requirements of GS 143-215.104AA or GS 130A-310.73A have been satisfied.  Makes identical changes to GS 143B-279.11(h).  Makes these provisions effective retroactive to October 4, 2017.

Uncodified provision requires the Environmental Management Commission to adopt a rule amending the general requirements applicable to performance standards for underground storage tank systems or the underground storage tank system component installation or replacement rule to not require that overfill prevention equipment be checked annually but instead be checked once every three years consistent with federal law.  Establishes this rule temporarily until the Commission has adopted the required rule.  Exempts the rule from various provisions of Chapter 150B. Further requires the Environmental Management Commission to adopt a rule requiring the Department of Environmental Quality to allow owners and operators of underground storage tanks to use all test methods and equipment approved by the Environmental Protection Agency, including a testable drop tube. Establishes this rule temporarily until the Commission has adopted the required rule.  Exempts the rule from various provisions of Chapter 150B.

Amends GS 130A-291(c) by adding a new subdivision (4) authorizing, for purposes of local government authority to regulate flow control of solid waste, property acquired by a local government between January 1, 2006, and September 1, 2017, with the specific intent of adding the property to an existing solid waste landfill if the property is contiguous to the landfill; was issued an operating permit prior to September 1, 2017; and has received less than 55,000 tons of waste in fiscal year 2016-17.  Provides that this section expires on June 30, 2019.

Amends GS 130A-294(a4) by requiring local government to allow a sanitary landfill to continue to operate until the term of the life-of-site permit expires if the owner has complied previously and remains in compliance with the terms and conditions of the local government’s approval or franchise agreement.  Makes conforming change to GS 160A-319(a) and GS 153A-136(a)(3).

Amends GS 62-133.2(a3) to include among the recoverable costs in fuel clause riders for electric public utilities that have fewer than 150,000 retail customers the cost of purchases of electronic power from qualifying cogenerations facilities and qualifying small power production facilities as defined in GS 62-133.2(a)(10), and subjects these costs to the current 1% annual cap on cost increases.

Amends GS 62-10(g) by prohibiting from appointment to the North Carolina Utilities Commission on an interim basis pending confirmation a person who was previously subject to but not confirmed by the General Assembly within the preceding four years.  Specifies that "not confirmed" includes unfavorable action on, failure to adopt, or failure to ratify a joint resolution for confirmation.  Makes identical change to GS 97-77(a1) for appointments to the North Carolina Industrial Commission.

Amends GS 7A-60(a1), as amended by Sec. 18B.6 of SL 2018-5, to increase the number of assistant district attorneys in prosecutorial district 10 from 14 to 15, and to decrease the number in district 22 from 9 to 8.

Amends GS 105-275(46) to exempt from property taxation personal property used solely for educational purposes by a charter school.  Amends subsection (49) of this statute by repealing reference to a nonprofit charter school.  These changes effective for tax years beginning on or after July 1, 2018.

Uncodified provision repeals changes to GS 160A-307.1 (limitation on city requirements for street improvements related to schools) enacted in Senate Bill 335 (budget technical corrections); effective if Senate Bill 335 becomes law.

Uncodified provision repeals policies of the State Board of Education determined to be inconsistent with the North Carolina Supreme Court’s holding in North Carolina State Board of Education v. State of North Carolina and Mark Johnson (No. 333PA17, June 8, 2018). 

Uncodified provision declares State Board of Education Rules pending before the Rules Review Commission to be interim rules subject to Commission review and action consistent with the North Carolina Supreme Court’s holding in North Carolina State Board of Education v. State of North Carolina and North Carolina Rules Review Commission (No. 110PA16-2, June 8, 2018).  Provides that any interim rule shall become null and void on May 30, 2019, if the State Board of Education fails to publish a notice of text to adopt the interim rule as a permanent rule, and that the interim rule shall become null and void on May 30, 2020, if the State Board fails to adopt the interim rule as a permanent rule.

Uncodified provision prohibits the North Carolina Board of Funeral Service from revoking or refusing to issue a license based on a test score invalidated by the International Conference of Funeral Service Examining Boards if, prior to January 1, 2018, the Conference notified the Board that the licensee had achieved a passing score on the test as required under state law, provided the licensee did not act in a manner that requires invalidation of a test score.

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