Senate committee substitute makes the following changes to the 3rd edition.

Deletes proposed amendment to GS 143-215.31(a1), regarding Emergency Action Plans for high- and intermediate-hazard dams.

Amends GS 143-215.1C (Report to wastewater system customers on system performance; report discharge of untreated wastewater to the Department; publication of notice of discharge of untreated wastewater and waste). Deletes proposed amendment to provisions regarding required press releases on discharge of untreated waste. Authorizes the Department of Environmental Quality (DEQ) to waive or extend the time period for reports to DEQ or press releases required under this statute during extraordinary circumstances which make it impracticable to measure or otherwise collect data regarding a discharge, such as major floods, named storms, or extreme weather.

Deletes proposed repeal of GS 143-215.1(a7), regarding high rate infiltration wastewater disposal systems that utilize non-native soils or materials in a basin sidewall to enhance infiltration, and when those soils or materials are not considered part of the disposal area.

Deletes proposed amendments to GS 113-300.6, regarding the Governor's execution of an Interstate Wildlife Violator Compact, to GS 113-300.7 (Appointment of Compact Administrator; implementation; rules, amendments), and to GS 143-215.3A (Water and Air Quality Account; use of applications and permit fees; Title V Account; I & M Air Pollution Control Account; reports).

Repeals Part 2G (plastic bag management) of Article 9 of GS Chapter 130A, as the title indicates. Makes conforming changes to GS 130A-22 by removing related penalty provisions. Repeals Section 13.10(c) of SL 2010-31 (requiring in part that the Division of Waste Management and the Division of Environmental Assistance and Outreach monitor plastic bag use reduction resulting from Part 2G and report on the banäó»s impacts to the Environmental Review Commission on or before January 15, 2012). Effective July 1, 2017.

Directs the Commission for Public Health and local inspectors to implement the Pool Lighting and Ventilation Rule, as provided in the act, until the effective date of the revised permanent rule that the Commission is required to adopt pursuant to the act. Provides that the Pool Lighting and Ventilation Rule means 15A NCAC 18A .2524 (Lighting and Ventilation). Directs the Commission for Public Health to require pool illumination sufficient to illuminate the main drains of a pool, and sufficient to illuminate the deck area of a pool so that it is visible at all times the pool is in use. Directs the Commission for Public Health to not require specific foot candles of illumination for the deck area. Directs the Commission to adopt a rule to amend the Pool Lighting and Ventilation Rule substantively identical and consistent with the above described provision. Provides that these adopted rules are not subject to Part 3 of Article 2A of GS Chapter 150B and become effective as provided in GS 150B-21.3(b1) as though 10 or more written objections had been received as provided in GS 150B-21.3(b2). Provides that these requirements expire when permanent rules adopted as required by the Section become effective.

Deems any subdivision meeting two listed requirements,including that the subdivisionäó»s original declaration of covenants was recorded prior to the effective date of this act, as in compliance with the impervious surface limitations of SL 2008-211 (Improve Coastal Stormwater Management) and its implementing rules. Establishes that these provisions apply only to impervious surfaces built prior to January 1, 2017, and that any impervious surface built on or after January 1, 2017, is subject to SL 2008-211 and its implementing rules.

Directs the Environmental Management Commission (Commission) and DEQ to implement the Protection of Existing Buffers Rule, as provided in the act, until the effective date of the revised permanent rule that the Commission is required to adopt pursuant to the act. Provides that the Protection of Existing Buffers Rule means 15A NCAC 02B .0267 (Jordan Water Supply Nutrient Strategy: Protection of Existing Riparian Buffers). Requires the Commission to exempt from the applicability requirements of the Protection of Existing Buffers Rule any publicly owned spaces where it has been determined by the head of the local law enforcement agency with jurisdiction over that area that the buffers pose a risk to public safety. Directs the Commission to adopt a rule to amend the Protection of Existing Buffers Rules substantively identical and consistent with the above described provision. Provides that these adopted rules are not subject to Part 3 of Article 2A of GS Chapter 150B and become effective as provided in GS 150B-21.3(b1) as though 10 or more written objections had been received as provided in GS 150B-21.3(b2). Provides that these requirements expire when permanent rules adopted as required by the Section become effective.

Directs the Environmental Management Commission and DEQ to implement the Protection and Maintenance of Existing Riparian Buffers Rule, as provided in the act, until the effective date of the revised permanent rule that the Commission is required to adopt pursuant to the act. Provides that the Protection and Maintenance of Existing Riparian Buffers Rule means 15A NCAC 02B .0243 (Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers). Requires the Commission to exempt from the applicability requirements of the Protection and Maintenance of Existing Riparian Buffers Rule any publicly owned property that will be used for walking trails. Directs the Commission to adopt a rule to amend the Protection and Maintenance of Existing Riparian Buffers Rule substantively identical and consistent with the above described provision. Provides that these adopted rules are not subject to Part 3 of Article 2A of GS Chapter 150B and become effective as provided in GS 150B-21.3(b1) as though 10 or more written objections had been received as provided in GS 150B-21.3(b2). Provides that these requirements expire when permanent rules adopted as required by the Section become effective.

Amends GS 105-275 (Property classified and excluded from the tax base). Designates that portion of real property that is subject to any of seven listed riparian buffer rules, including the above-described Protection and Maintenance of Existing Riparian Buffers Rule, and is being used as a riparian buffer, as a special class to be excluded from tax. Effective for taxes imposed for taxable years beginning on or after July 1, 2018.

Directs the Division of Water Resources, within DEQ, to conduct a water quality sampling program for nutrients along the maintstem of the Catawba River, and to report the results of its study to the Environmental Review Commission by October 1, 2018.

Amends laws governing mining permits as follows:

(1) Amends GS 74-50, regarding mining permits. Extends the authorized length of an operating permit from its current 10 years to the life-of-site of the operation (as defined), unless revoked, or in the case ofpermits for mining operations conducted on real property leased from a public entity (as defined),to the life-of-lease (as defined).

(2) Amends GS 74-51. Further authorizes DEQ to deny a mining permit upon finding that the applicant, or listed affiliated entities, has not been in substantial compliance with GS Chapter 74, Article 7 (The Mining Act of 1971), accompanying rules, or other State environmental protection laws or rules, or has not corrected all violations under The Mining Act of 1971 or accompanying rules, that resulted in failure to pay the application processing fee required under GS 74-54.1.

(3) Makes conforming changes to GS 74-52 by deleting all references to renewing a mining permit.

(4) Amends GS 74-54 (Bonds). Makes a conforming change by deleting a reference to renewing a mining permit. Requires applicants for modification of an existing mining permit to comply with the provisions of that statute. Provides a maximum amount of $1 million for bonds for mining permits.

(5) Makes a conforming change to GS 74-54.1 (Permit fees) by deleting references to permit renewals, and clarifies that the fee for transfers in that statute applies to permit transfers. Requires payment of an annual operating fee of $400 per permit per year, and a late fee of $50 per month per permit for every month or partial month that payment of the annual operating fee is delinquent.

(6) Amends GS 74-55 (Reclamation report). Makes the annual reclamation report due by July 1 of each year, and requires the annual operating fee to accompany the report. Authorizes DEQ to assess and collect a monthly penalty for each annual report or annual operating fee not filed by July 31 of each year until the annual report and operating fee are filed. If the report and fee, including late payment penalties, are not filed by December 31 of each year, DEQ shall give written notice to the operator and initiate permit revocation proceedings. Notwithstanding this statute, makes the initial annual operating fee due December 31, 2017.

(7) Makes conforming changes to GS 74-58 (Suspension or revocation of permit). Further prohibits reinstatement of a suspended permit until an operator satisfies the requirements currently listed for new permits for operators whose permit was suspended has been revoked.

(8) Makes a conforming change to GS 74-60 (Notice) by deleting a reference to renewing a mining permit.

Mining permit amendments are effective when the bill becomes law, and apply to valid permits for existing mining operations issued before the effective date of this act, and any permit application for a mining operation, pending or submitted, on or after that date. Directs DEQ to issue life-of-site permits or life-of-lease permits, as applicable, to replace valid permits for existing mining operations issued before the date this act beocmes effective, no later than December 1, 2017. Valid permits and their terms and conditions remain in effect and govern the operations of the facility, notwithstanding any termination date that may be included in such permit, until such time as life-of-site or life-of-lease permits are issued.

Amends GS 40A-3, regarding who may exercise the power of eminent domain. Deletes the requirement that pipelines or mains originate in North Carolina for corporations, bodies politic, or persons to exercise the power of eminent domain for their construction. Applies to takings occurring on or after the date this bill becomes law.

Directs cities or counties that have accepted State funds for inlet dredging, beach renourishment, or dune construction or maintenance, to prohibit any alteration, excavation, or removal of sand in the sand dune system (as defined) in areas subject to inundation by the one-percent annual chance flood event unless the sand dune system provides adequate flood protection to withstand erosion during the one-percent annual chance flood event, as specified. Provides that the State shall not provide State funds for inlet dredging, beach renourishment, or dune construction or maintenance to any city or county unless the applicant for such funds provides a certification showing that it has complied with this requirement.

Amends GS 143B-289.52 (Marine Fisheries Commission--powers and duties). Provides that a supermajority of the Commission is five (was, six) members. Requires a supermajority for any action taken under the powers and duties set forth in this statute, including rule making and the regulation of fisheries under a fishery management plan.

Amends GS 143B-289.54, regarding the governance, staffing, and support of the Marine Fisheries Commission. Reduces the number of seats on the Marine Fisheries Commission from nine to seven, eliminating the two seats designated for persons having general knowledge of and experience related to subjects and persons regulated by the Commission. Makes a conforming change.

Amends GS 113-182.1. Authorizes the Secretary of Environmental Quality to authorize the Marine Fisheries Commission to develop expedited temporary management measures (was, to develop temporary management measures) to supplement an existing fishery Management Plan. Limits supplementary management measures to those management strategies contained in the original fishery management plan or subsequent amendments to the plan adopted by the Marine Fisheries Commission, and prohibits supplementary management measures that either were not originally developed in accordance with this statute, or result in severe curtailment of the usefulness or value of equipment as specified.

Provides a severability clause. Except as otherwise provided, effective when the bill becomes law.

Makes technical and organizational changes.