Bill Summary for H 760 (2015-2016)

Printer-friendly: Click to view

Summary date: 

Apr 17 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 760 (Public) Filed Tuesday, April 14, 2015
Intro. by Millis, J. Bell, Riddell.

View: All Summaries for BillTracking:

Bill summary

Part I.

Amends GS 143-143.10A, concerning criminal history checks for applicants for licensure as a manufactured home manufacturer, dealer, salesperson, or set-up contractor, to define applicant as a person applying for initial licensure as a salesperson or set-up contractor (removing manufacturer and dealer). Also specifies that applicants for initial licensure (was, for licensure) must consent to a criminal history record check. 

Amends GS 130A-248 to no longer require a permitted restaurant or commissary to serve as a base of operations for a pushcart. Requires pushcarts to meet all of the sanitation requirements of a permitted commissary or have a permitted restaurant or commissary that serves as its base of operation.

Part II.

Amends GS 160A-381 to require (was, allow) a zoning ordinance to provide density credits or severable development rights for dedicated rights-of-way.

Amends GS 150B-21.3A concerning the readoption of existing rules to add that if a rule is amended to impose a less stringent burden on the regulated person, then the agency does not have to prepare a fiscal note. Effective when the section becomes law and applies to the periodic review of existing rules occurring on or after that date.

Requires the Joint Legislative Administrative Procedure Oversight Committee (APO) to review the recommendations made by the Joint Legislative Program Evaluation Oversight Committee's report, entitled "Occupational Licensing Agencies Should Not be Centralized, but Stronger Oversight is Needed," to determine the best way to accomplish the report's recommendations and to improve oversight of occupational licensing boards. Requires APO to consult with specified entities in conducting the review. Requires APO to propose legislation to the 2016 Session of the 2015 General Assembly.

Part III.

Provides that for the purposes of implementing Section .1300 of Subchapter 2H of Chapter 2 of Title 15A of the North Carolina Administrative Code (Discharges to Isolated Wetlands and Isolated Waters), the isolated wetlands provisions of Section .1300 applies only to a Basin Wetland or Bog and no other wetland types as described in the North Carolina Wetland Assessment User Manual prepared by the North Carolina Wetland Functional Assessment Team, version 4.1 October 2010, that are not jurisdictional wetlands under the federal Clean Water Act. Specifies that the isolated wetlands provisions of Section .1300 do not apply to an isolated man‑made ditch or pond constructed for stormwater management purposes, any other man‑made isolated pond, or any other type of isolated wetland, and the Department of Environment and Natural Resources must not regulate such water bodies under Section .1300. Allows the Environmental Management Commission to adopt rules to amend Section .1300 of Subchapter 2H of Chapter 2 of Title 15A of the North Carolina Administrative Code consistent with these provisions. Amends Section 54 of SL 2014-120 to amend the conditions that apply to the implementation of 15A NCAC 02H .1305 (Review of Applications) as follows: (1) adds that mitigation requirements for impacts to isolated wetlands only apply to the amount of impact exceeding the established thresholds, (2) deletes the provision defining isolated wetlands, and (3) adds that impacts to isolated wetlands must not be combined with the project impacts to 404 jurisdictional wetlands or streams for the purpose of determining when impact thresholds that trigger a mitigation requirement are met. These changes expire on the date that the Environmental Management Commission fulfills the requirement to adopt rules that are consistent with the changes made in Section 54 of SL 2014-120.  Effective when the section becomes law. 

Pushes back the date by which the Environmental Management Commission (EMC) must adopt rules implementing a fast-track permitting for stormwater management systems from July 1, 2016, to November 1, 2016. Amends GS 143-214.7 to make the provisions of (b2) applicable to the implementation of state stormwater programs and local stormwater programs approved under (d) of the statute. Expands on the requirements that apply to those programs by adding four new provisions concerning vegetative buffers, the calculation of the difference in stormwater runoff from the pre- and post-development conditions, development in a vegetative buffer, and development around Class SA waters. Requires, no later than January 1, 2016, that a state agency or local government that implements a stormwater management program approved under GS 143-214.7(d) submit its current stormwater management program or a revised stormwater management program to the EMC. Requires the EMC, no later than July 1, 2016, to review and act on each of the submitted stormwater management programs in accordance with subsection (d) of GS 143‑214.7, as amended. Requires the EMC, with the assistance of the Department of Environment and Natural Resources, to review the current status of state statutes, session laws, rules, and guidance documents related to the management of stormwater in the state and examine whether anything needs to be recodified or reorganized in order to clarify state law for the management of stormwater. Requires the EMC to submit any legislative recommendations to the 2016 Regular Session of the 2015 General Assembly.

Amends GS 143-214.23 as follows. Allows approval of a delegation application from a local government proposing a riparian buffer width that is different from what is required by the state in accordance with the specified procedures. Allows land in a riparian buffer in which neither the state nor its subdivisions have a property interest to be used to satisfy other development-related regulatory requirements. Requires that the buffer area be denominated on the recorded plat when the riparian buffers are included within a lot. Sets out conditions under which a local government must attribute a proportionate share of a riparian buffer on lots abutting the buffer area for purposes of development-related regulatory requirements. Allows local governments to impose restrictions on the use of riparian areas only within river basins where the riparian buffers are required by the state. Sets out ways the restrictions may be imposed. Sets out exceptions to those restrictions and the riparian buffer deviation approval procedures. Enacts new GS 143-214.18 to provide that absent a federal requirement or an imminent threat to public health or safety, an applicable buffer rule does not apply to any tract of land that meets the specified criteria. Enacts new GS 143-214.19 to provide that if state law requires a protective riparian buffer for coastal wetlands in the Neuse River Basin or the Tar-Pamlico River Basin, the coastal wetlands and marshlands must not be treated as part of the surface waters and are to be included in the measurement of the protective riparian buffer. Specifically delineates the protective riparian buffer for any of the coastal wetlands or marshlands in the Neuse River Basin or the Tar-Pamlico River Basin depending on whether the coastal wetlands or marshlands extend less than 50 feet or 50 feet or more from the high normal water level or normal water level. Defines the terms coastal wetlands and marshlands as they apply in the statute. Enacts new GS 143-214.27 prohibiting the Department of Environment and Natural Resources (DENR) from imposing as a condition of any permit issued under this Article riparian buffer requirements that exceed established standards for the river basin within which the activity or facility receiving the permit is located. If no riparian buffer standards have been established, then prohibits imposing a buffer standard as a condition for a permit that exceeds the standard for the Neuse River Basin. Allows DENR to impose as a condition of any permit issued under this Article a more restrictive riparian buffer requirement than that established for the river basin within which the activity or facility receiving the permit is located, or a riparian buffer requirement in a river basin where no riparian buffer standards have been established as set forth in this subsection. Before doing so, requires a finding that the condition is necessary in order to meet the nutrient reduction goals for the river basin within which the activity or facility receiving the permit is located. Effective August 1, 2015.

Amends GS 113-136(k) to require that an officer have a reasonable suspicion that a violation has been committed before inspecting weapons, equipment, fish, or wildlife possessed incident to an activity regulated by law or rule that the officer has enforcement jurisdiction over. Adds that the statute does not give an inspector, protector, or other law enforcement officer the authority to inspect weapons, equipment, fish, or wildlife in the absence of a person in apparent control of the items. Effective December 1, 2015, and applies to offenses committed on or after that date. Requires the Wildlife Resources Commission to report to the Joint Legislative Oversight Committee on Justice and Public Safety by March 1, 2017, and annually thereafter, on the number of complaints received against Commission law enforcement officers, the subject matter of the complaints, and the geographic areas in which the complaints were filed.

Requires the Department of Insurance, the Building Code Council, and the Coastal Resources Commission to jointly study how flood elevations and building heights for structures are established and measured in the coastal region of the state. Requires engaging a broad group of stakeholders, including property owners, local governments, and representatives of the development industry. Requires the results of the study to be submitted by January 1, 2016, to the 2015 General Assembly.

Part IV. 

Includes a severability clause.

Unless otherwise provided, effective when the act becomes law.