Bill Summary for S 112 (2013-2014)

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Summary date: 

May 14 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 112 (Public) Filed Wednesday, February 20, 2013
Intro. by Jackson.

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Bill summary

Senate committee substitute makes the following changes to the 1st edition:

Changes bill title to conform to changes in bill.

New Part 3 amends GS 113-229(d) to provide that notice to adjoining property owners of a dredge or fill permit may be satisfied by obtaining a signed statement from each property owner indicating no objection to the project or sending a copy of the permit to each property owner by certified mail.

New Part 4 amends the definition of fish under GS 113-129(7) to mean finfish, shellfish, and crustaceans (removing reference to marine mammals and all other fishes); also amends GS 113-189 to expand protection of marine and wildlife resources by citing federal law conferring protection on various species, clarifying that the prohibitions under this statute include taking, harming, and disturbing protected species, and adding finfish, marine mammals, and migratory birds to the species protected under the statute.

New Part 5 amends GS 14-417 to make technical changes; also amends GS 14-419 to require consultation with the NC Museum of Natural Sciences or the NC Zoological Park in cases of suspected violations of prohibitions against mishandling certain reptiles and authorizing euthanasia in the case of a venomous reptile for which antivenin is not readily available.

New Part 6 amends GS 150B-21.1(a)(7) to include provisions for the manner of take and other conditions required to implement a hunting or fishing season under the Wildlife Resource Commission's temporary rule-making authorization.

New Part 7 amends SL 2004-163, Section 12, and SL 2006-246, Section 2, to revise the definition of built-upon area for purposes of federal phase II stormwater requirements to no longer include partially impervious surfaces.

New Part 8 amends the effective date clause of SL 2011-394 to clarify that underground storage tanks subject to that act include those installed after January 1, 1991, and prior to April 1, 2001.

New Part 9 exempts open burning for land clearing or right-of-way maintenance under certain circumstances from various rules regulating air quality permits and amends GS 130A-294(a) by adding a new subdivision (4)d. exempting land clearing debris burning from the permitting requirements of that statute. Requires adoption of comparable rules.

New Part 10 exempts ponds used for agricultural purposes from various riparian buffer rules adopted by the Environmental Management Commission. Requires the adoption of comparable rules. Applies to ponds used for agriculture that were in existence on or constructed after July 22, 1997.

New Part 11 requires the Commission to adopt a new rule exempting wastewater systems from certain sewage flow rates where the system can achieve lower flow rates through an engineering design that utilizes low-flow fixtures and low-flow technologies and the design is sealed by a professional engineer; daily flows of less than 3,000 gallons do not require state review.

New Part 12 amends GS 87-98.12 to specify that the six-hour continuing education certification requirements for well contractors must be achieved within a three-year period. Effective July 1, 2013.

New Part 13 directs the Department of Transportation to adopt rules authorizing selective pruning of vegetation in rights-of-way that obstruct motorists' views of agritourism activities.

New Part 14 amends Chapter 133 by adding a new Article 4 (GS 133-40) that would prohibit state entities, state universities and colleges, local governments, and political subdivisions from acquiring an ownership interest in real property that contains a known contamination (as defined in GS 130A-310.65(5)) without first obtaining approval from the Council of State.  Properties acquired involuntarily (such as through bankruptcy or tax delinquency) are exempt. Effective July 1, 2013.

New Part 15 amends GS 130A-309.09A by adding a new subsection (h) requiring local governments to encourage storage, retention, and use of nonhazardous recycled materials and prohibiting local government regulations that impede use of recycled products through regulation of the height of recycled materials stockpiles.

Makes organizational changes to bill by dividing it into parts, and amends the effective date clause as necessary.