Bill Summary for H 480 (2013-2014)

Summary date: 

May 6 2013
S.L. 2013-82

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 480 (Public) Filed Thursday, March 28, 2013
A BILL TO BE ENTITLED AN ACT TO PROVIDE REGULATORY CERTAINTY FOR NORTH CAROLINA BY REQUIRING THE DEVELOPMENT OF MINIMUM DESIGN CRITERIA FOR STORMWATER PERMITS TO GUIDE THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES IN PERMIT ISSUANCE AND TO REFORM THE PERMITTING PROCESS TO ALLOW A FAST-TRACK PERMITTING PROCESS FOR APPLICATIONS CERTIFIED BY A QUALIFIED PROFESSIONAL TO BE IN COMPLIANCE WITH THE MINIMUM DESIGN CRITERIA.
Intro. by Millis, Moffitt, Catlin, Hardister.

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Bill summary

House committee substitute makes the following changes to the first edition.

Changes the long title.

Deletes section 1(b) of the act, requiring the Department of Environment and Natural Resources (DENR) to adopt Minimum Design Criteria for erosion and sedimentation control plans. Also deletes Section 5(b), which contained a requirement that these rules be implemented by a specified date.

Makes organizational changes to the act, combining Section 1(a) and 2. Makes technical and clarifying changes. Changes the date for DENRs criteria and recommendations to be submitted to the EMC to September 1, 2014.

Amends GS 143-214.7B, changing the title to Fast-track permitting for stormwater management systems, (was, Fast-track permitting).  Also requires submitted permit applications, pursuant to the fast-track permitting process, to be prepared by a qualified professional (previously, only required the application to be sealed by a professional engineer).  Requires the EMC to consult with a technical working group, comprised of specified experts and interested stakeholders, in developing the rules for the fast-track permitting process.  Sets out the following four minimum requirements that the rules must include: (1) a process for permit application, review, and determination; (2) a decision on which types of professionals are qualified to prepare a permit application submitted pursuant to this section and the types of qualifications the professional must have; (3) a process for ensuring compliance with the Minimum Design Criteria; and (4) a process for establishing the liability of a qualified professional who prepares a permit application for a stormwater management system that fails to comply with the Minimum Design Criteria.

Deletes Section 4 of the previous edition of the act, which contained the new section GS 113A-68, concerning fast-track plan approval for erosion and sedimentation control plans.

Requires the EMC to adopt rules implementing the fast-track permitting process by July 1, 2016 (was, February 1, 2014).

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