Bill Summary for H 426 (2023-2024)

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Summary date: 

May 1 2024

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 426 (Public) Filed Tuesday, March 21, 2023
AN ACT TO DIRECT THE COASTAL RESOURCES COMMISSION TO IMPLEMENT A RULE DESIGNATING JOCKEY'S RIDGE STATE PARK AS AN AREA OF ENVIRONMENTAL CONCERN UNTIL PERMANENT RULES ARE ADOPTED; TO REQUIRE THE DEPARTMENT OF ADMINISTRATION TO HOLD A PUBLIC HEARING AND CONSULT WITH THE JOINT LEGISLATIVE COMMISSION ON GOVERNMENTAL OPERATIONS PRIOR TO GRANTING CERTAIN EASEMENTS ON STATE PROPERTY; AND TO CLARIFY THE APPLICABILITY OF STATUTORY BUILT-UPON AREA REQUIREMENTS FOR STATE AND LOCAL GOVERNMENT STORMWATER PROGRAMS AND SPECIFY THAT CERTAIN ARTIFICIAL TURF IS NOT BUILT-UPON AREA.
Intro. by Gillespie, Clampitt, D. Hall, Pless.

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Bill summary

Senate committee substitute deletes the content of the 1st edition and replaces it with the following.

Directs the Coastal Resources Commission (Commission) to implement the Jockey's Ridge Area of Environmental Concern, 15A NCAC 7H. 0508, as approved for the initiation of permanent rulemaking by the Commission on April 25, 2024, as if the proposed rule was effective, until the proposed rule becomes a permanent rule. Requires the Commission, by June 1, 2024, to approve a map identifying the boundaries of the Jockey's Ridge area of environmental concern for purposes of implementing these requirements. Requires the Commission to adopt proposed rule 15A NCAC 7H .0508 as a permanent rule as soon as practicable, but no later than November 1, 2024; specifies that this is not to be construed as directing the Commission to adopt the text of the proposed rule verbatim. 

Enacts GS 146-29.3, requires the Department of Administration (DOA), before granting an easement upon State property for the disposal or dumping of spoil materials lawfully dug or dredged from navigable waters, to hold a public hearing where the proposed disposition is located and submit the proposed disposition for consultation with the Joint Legislative Commission on Governmental Operations. Applies to requests for proposed dispositions submitted for DOA approval on or after August 1, 2024.

Enacts GS 143-214.7D, excluding six categories of surfaces from the term "built-upon area", defined as provided under current law in GS 143-214.7(b2), or impervious or partially impervious surface in the context of implementing State or local government stormwater programs. Specifies that a slatted deck, the water area of a swimming pool, described stone surfaces and trails, landscaping material, and described artificial turf are exempt. Allows property owners and developers to opt out of any of the specified exemptions. Bars local governments from enforcing ordinances, plans, or stormwater programs that establish a definition of "built-upon area" or impervious surface that is inconsistent, notwithstanding specified statutory authorities. Authorizes the Commission to adopt implementing rules. Repeals GS 143-215.7(b2), which previously set forth the definition for "built-upon area", but did not include specified artificial turfs in the term's exemptions, and allowed property owners and developers to opt-out of the described exemptions. Directs local governments operating stormwater programs to update their programs consistent with new GS 143-214.7D.