Bill Summary for S 16 (2017-2018)

Summary date: 

Jun 14 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 16 (Public) Filed Thursday, January 26, 2017
Intro. by Wells, Barringer, Daniel.

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Bill summary

House committee substitute makes the following changes to the 2nd edition.

Changes the long and short titles. 

Deletes changes to GS 150B-21.3A(d), maintaining existing language that makes rules contained in the Title of the Administrative Code that an agency has failed to conduct a review of by the date set by the Rules Review Commission expire, except as provided in subsections (e) and (f) of the statute (previously, added subsection (e1) as amended to this provision).

Changes the application provision pertaining to the changes made to GS 150B-21.3A, providing that the changes apply to agency rule reports submitted to the Office of Administrative Hearings (OAH) pursuant to GS 150B-21.3A(c)(1) on or after October 1, 2017 (was, May 1, 2017).

Amends GS 150B-20(a), adding a new requirement for agencies receiving a rule-making petition to send the proposed text of the requested rule change and the statement of the effect of the requested rule change to OAH within three business days of receipt of the petition. Also requires OAH to distribute the information it receives via its mailing list and publish the information on its website within three business days of receipt of this information. Effective October 1, 2017.

Amends GS 143-254.5, concerning the disclosure of personal identifying information by the Wildlife Resource Commission, to include information subject to GS 106-24.1 transferred to the Commission from the Department of Agriculture and Consumer Services in the provided definition of identifying information for purposes of the statute. 

Adds to the duties of the Environmental Management Commission (Commission) set out in GS 143B-282(a)(1), the duty to identify, review, and assess reports prepared by the Department of Environmental Quality that are required by an act of the General Assembly and that the Commission finds would have a significant public interest. Requires the Commission to include that assessment in its report to the Environmental Review Commission under subsection (b) of the statute. 

Amends GS 130A-247(5a), setting forth the definition of bed and breakfast home as the term is used in the regulation of food and lodging facilities in Part 6 of Article 8. Modifies the qualifying criteria of the term to require the price of breakfast be included in the room rate (currently, the price of any meals served in the room rate). Adds a new provision permitting the price of additional meals served to be added to the room rate at the conclusion of the overnight guest's stay.

Amends GS 130A-247(6) to define bed and breakfast inn to mean a business of at least nine but not more than 12 guest rooms (currently, no minimum specified) that offers bed and breakfast accommodations for a period of less than one week and that meets the specified criteria (currently, defined to offer accommodations to at least nine but not more than 23 persons per night for a period of less than one week). Modifies the qualifying criteria to include serving the breakfast meal, the lunch meal, the dinner meal, or a combination of all or some of the three meals only to overnight guests of the business (currently, includes serving only the breakfast meal and only to overnight guests). Adds a new provision permitting the price of additional meals (other than breakfast, which must be included in the room rate) to be added to the room rate at the conclusion of the overnight guest's stay. Effective October 1, 2017.

Amends GS 74D-2(c), concerning the requirements of a qualifying agent which apply to a business entity engaging in the alarms system business. Removes the provision prohibiting the Alarm Systems Licensing Board from approving a business entity not designating a licensed qualifying agent unless the business entity has and continuously maintains a registered agent in the State who must be an individual resident of the State. Makes conforming changes.

Amends GS 74D-8, specifying the employees within the State which the licensee must register with the Alarm Systems Licensing Board within 30 days after the employment begins, unless the time period is extended for good cause at the discretion of the Director, as: (1) any employee that has access to confidential information detailing the design, installation, or application of any location-specific electronic security system or that has access to any code, number, or program that would allow the system to be modified, altered, or circumvented and (2) any employee who installs or services an electronic security system in a personal residence (currently, generally requires all licensees to register all employees within the State within 30 days, unless extended for good cause in the discretion of the Director). Makes organizational change.

Amends GS 20-183.4C to authorize a dealer to sell, without inspection, a used vehicle issued a salvage certificate of title in accordance with GS Chapter 20 if no repairs have been made to the vehicle after issuance of the salvage certificate of title, and the dealer discloses in writing that no inspection has been performed.

Amends GS 58-50-130(a), regarding health benefit plans covering small employers, prohibiting a small employer carrier, insurer, subsidiary of an insurer, or controlled individual of an insurance holding company from providing stop loss, catastrophic, or reinsurance coverage to small employers who employ fewer than 5 (currently, 26) eligible employees that does not comply with the underwriting, rating, and other applicable standards.

Amends GS 66-25, concerning acceptable listings as to safety of goods. Existing law in subsection (a) requires that all electrical materials, devices, appliances, and equipment be evaluated for safety and suitability for intended use in accordance with nationally recognized standards by a qualified testing laboratory. Adds a new subsection prohibiting the Department of Administration, Division of Purchase and Contract, from seeking to enforce the provisions of subsection (a) of the statute by any means, including requiring acceptance inspections or additional testing of electrical materials, devices, appliances, or equipment purchased by State departments, agencies, and institutions. Directs the Department of Administration, Division of Purchase and Contract, to publish a notice on its website on the date this provision becomes law indicating that acceptance inspections and additional testing are no longer required for the purchase of electric materials, device appliances, or equipment by State departments, agencies, and institutions.

Amends GS 75-41, concerning contracts with automatic renewal clauses, by adding a new subsection establishing that the provisions of the statute do not apply to real estate professionals licensed under GS Chapter 93A. Effective October 1, 2017, and applies to contracts entered into on or after that date.

Amends GS 40A-3(a) to restrict private condemnors to exercising the power of eminent domain for a public use (was, for a public use or benefit). Amends the power granted to corporations, bodies politic or persons to include exercising eminent domain for the construction of pipelines or mains originating inside or outside North Carolina for the transportation of petroleum products, coal, gas, limestone, or minerals (no longer required to originate in North Carolina).

Amends GS 143-214.7(b3), concerning the application of stormwater runoff rules and programs. Clarifies that when a preexisting development is redeveloped either in whole or in part, increased stormwater controls can be required only for the amount of impervious surface being created that exceeds the amount of impervious surface that existed before the redevelopment. 

Directs the Environmental Management Commission (Commission) and the Department of Environmental Quality (DEQ) to implement the Coastal Stormwater Rule (15 NCAC 02H .0109; Coastal Counties) by not requiring a State stormwater permit for a residential project unless the residential project would cumulatively add more than 10,000 square feet of built upon area. Directs the Commission to adopt a rule to amend the Coastal Stormwater Rule consistent with and substantively identical to this implementation directive as described. Provides that rules adopted pursuant to this provision are not subject to Part 3 of Article 2A of GS Chapter 150B, and that these rules become effective as provided in GS 150B-21.3(b1) as though 10 or more written objections had been received as provided by GS 150B-21.3(b2). Provides that this provision expires when permanent rules adopted as required by the provision become effective. 

Amends GS 19A-23 to amend the definition of housing facility to include common areas and to define common area (an area within a housing facility providing an open space where more than four dogs are free to exercise or play together). Changes the definition of primary enclosure to mean any structure used to immediately restrict four or fewer (was, restrict an animal) animals to a limited amount of space. Amends GS 19A-24(a)(1). Provides that boarding kennels that offer dog care services, and, as to each common area, (1) have a ratio of dogs to employees within the housing facility of no more than 15 to one and (2) have no more than 50 dogs in any common area at any time, shall not as to such day care services be subject to any regulations issued by the Board of Agriculture that impose further supervisory requirements on the number of dogs permitted within the common area or any primary enclosure beyond a requirement that at least one staffer be present in a common area at all times that five or more dogs are within the common area. Effective October 1, 2017.

Directs the Legislative Research Commission (LRC) to study the regulatory, financial, and infrastructure burdens in coastal communities. Provides that "coastal community" refers to any NC county containing or to the east of Interstate 95. Details four components the Commission may study: (1) the administrative burdens and increased costs due to unnecessary or duplicative environmental burdens, (2) the impacts on private property rights and land development due to land use and other restrictions imposed by local governments, (3) the impacts of underinvestment in necessary infrastructure to encourage and sustain economic development, and (4) any other topic or issue relevant to the study. Directs the Commission to make its final report to the 2018 Regular Session of the 2017 General Assembly. 

Requires the Building Code Council (Council) to review electrical safety requirements for swimming pools to determine if the requirements should be amended to better protect public safety. Directs the Council to report its findings and recommendations, including any actions the Council has taken related to electrical safety requirements for swimming pools, to the General Assembly by December 1, 2017.

Directs the Building Code Council (Council) to study under what circumstances it would be appropriate to use lumber that has not been grade-stamped under the authority of a lumber grading bureau in construction in North Carolina. Specifies the considerations the Council must account for in its study, including cost. Requires the Council to report its findings and recommendations to the General Assembly by December 1, 2017.

Amends GS 20-183.3(a) to specifically include properly functioning backup lights in vehicle safety inspections pursuant to GS 20-183.3(a)(1). Effective October 1, 2017.

Directs the Department of Transportation and the Department of Environmental Quality to jointly study whether the frequency of vehicle safety inspections and vehicle emissions inspections should be decreased. Specifies the considerations the departments must account for in its study, including savings to vehicle owners and public safety. Directs the departments to jointly report their findings and recommendations to the Joint Legislative Transportation Oversight Committee no later than March 1, 2018.

Directs the Legislative Research Commission (LRC) to study the creation of a mediation and arbitration board that would serve as a mediator and arbitrator of disputes between local governments and owners or developers of property regarding regulation of the use or development of property. Requires the LRC to report its findings and recommendations to the 2018 Regulation Session of the 2017 General Assembly.

Includes a severability clause.

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