Bill Summary for S 16 (2017-2018)

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Summary date: 

Aug 3 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

Conference report makes the following changes to the 4th edition. 

Deletes the following provisions that were found in the 4th edition: (1) Section 1 of the act, concerning the authorization of rule technical corrections, which amended GS 150B-21.5 and GS 150B-21.20; (2) Section 2 of the act concerning contested case policy, which amended GS 150B-22 and GS 150B-43; (3) Section 3, which amended the process for the periodic review of rules in GS 150B-21.3A; (4) Section 9, which concerned inspection requirements for used vehicles sold by dealers on a salvage certificate of title, amending GS 20-183.4C; (5) Section 10, which amended requirements for health benefit plans covering small employers under GS 58-50-130; (6) Section 12, which amended the law on contracts with automatic renewal clauses in GS 75-41; (7) Section 16, concerning staffing standards for boarding kennels offering dog day care services, which amended GS 19A-23 and GS 19A-24; (8) Section 17, which required the Legislative Research Commission to study the regulatory, financial, and infrastructure burdens in coastal communities; (9) Section 20.1, which removed Onslow County from the motor vehicle emissions inspection program under GS 143-215.107A; (10) Section 21, which required the Legislative Research Commission to study the creation of a board to mediate and arbitrate disputes between local governments and owners and developers of property; and (11) Section 21.2, which required the Legislative Research Commission to study flood prevention measures in the Lower Neuse River Basin.

Changes the effective date of the changes to GS 150B-20 from October 1, 2017, to January 1, 2018.

Changes the effective date of the changes to GS 130A-247 from October 1, 2017, to January 1, 2018.

Eliminates the change in GS 40A-3 that would have restricted private condemnors to exercising the power of eminent domain to a public use (instead of a public use or benefit).

Requires the Building Code Council to report on electrical safety requirements for swimming pools to the Joint Legislative Oversight Committee on Justice and Public Safety instead of to the General Assembly.

Requires the Building Code Council to report on the use of ungraded lumber to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources instead of to the General Assembly.

Changes the effective date of the changes to GS 20-129 from January 1, 2018, to March 1, 2018.

Requires the Legislative Research Commission to study the creation of a process for (was, study the creation of a mediation and arbitration board) the mediation and arbitration of disputes between the owners of property located in a homeowners or property owners association and the governing entities of such associations.

Adds the following new provisions:

Section 14.

Amends GS 95-25.5(a) to direct the Commissioner of Labor to issue youth employment certificates, both directly and electronically (currently certificate issuance is subject to review by the Department of Labor and county directors of social services).

Amends GS 95-117(4) to define annual gross volume, owner, and person. Amends the definition of passenger tramway to include funicular devices and gondola, as defined. Makes additional clarifying and technical changes.

Enacts new GS 95-125.1 (Operation of unsafe device). Prohibits the operation and use of devices under GS Chapter 95, Article 15 (Passenger Tramway Safety), if the operator knows or reasonably should know that operation or use will expose the public to an unsafe condition likely to result in personal injury or property damage. Effective January 1, 2018.

Enacts new GS 95-125.2 (Reports required). Requires owners of any device regulated under Article 15 to notify the Commissioner within 24 hours of every occurrence involving the device resulting in death or injury requiring medical treatment by a physician, or damage to the device indicating a substantial defect. Directs the Commissioner, without delay, to make a complete and thorough investigation of the occurrence, and to file a report and give in detail all facts and information available. Prohibits, after an occurrence reported under this statute, the operation or moving of the device without approval of the Commissioner, except as to prevent injury, or the removal of any part of the device or attempt to repair any damaged part necessary to an investigation.

Enacts new GS 95-125.3 (Violations, civil penalties, appeal, criminal penalties). Creates civil penalties in different amounts for violations of GS 95-118 (concerning registration), GS 95-120.1 (concerning liability insurance) and GS 95-125.1 (concerning operation of an unsafe device). Commissioner's determination of the amount of the penalty is final, subject to objection by the person charged with violation, at which point a final determination is made pursuant to the Administrative Procedures Act. Authorizes the Commissioner to file a certified copy of a final order with the clerk of court, at which point the clerk shall enter judgment in accordance with the final order and notify the parties. A willful violation that causes the serious injury or death of any person is a Class E felony, including a fine. Nothing in the article prevents a prosecutor from proceeding against a person who violates this Article on a prosecution charging any degree of willful or culpable homicide.

Amends GS 95-174, GS 95-191(a), GS 95-192, GS 95-194, GS 95-208, and GS 95-216 to replace references to the Standard Industrial Classification with references to the North American Industry Classification System and references to "material safety data sheets" with "safety data sheets." Makes technical changes.

Effective October 1, 2017. 

Section 15.

Enacts new GS 95-127(2a) to define the Carolina Star Program as a voluntary program that recognizes work sites that implement effective safety and health management systems and meet specified standards.

Enacts new GS 95-157 (Carolina Star Program). Authorizes the Commissioner of Labor (Commissioner) to adopt rules for the operation of the Carolina Star Program in a way that will promote safe and healthy workplaces throughout the State, and lists seven matters the rule should address, including assessment of occupational hazards. Directs that applications for participation should be submitted by management. Directs the Department of Labor (Department) to provide on-site evaluations by Carolina Star Program evaluation teams of applicant workplaces. Workplaces that participate in the Carolina Star Program are exempt from inspections under GS 95-136, except for those arising from complaints, referrals, fatalities, catastrophes, nonfatal accidents, or significant toxic chemical releases.

Allows a workplace that participated in the uncodified Carolina Star Program prior to October 1, 2017, to continue as a participant, conditioned upon that workplace's ability to meet the relevant requirements and expectations established by guidelines for participation adopted by the Commissioner.

Effective October 1, 2017.

Section 16.

Repeals Section 3.2(a) of SL 2017-10, amending Section 14.20(f) of SL 2015-241, making the landfill modifications made in Section 14.20 of SL 2015-241 apply to franchise agreements executed on or after October 1, 2015, and on or before October 1, only if all parties to a valid and operative agreement consent to modify the agreement for the purpose of extending the agreement's duration of the life-of-site of the landfill for which the agreement was executed, and public notice and hearing is provided for the modification in compliance with the requirements of GS 130A-294(b1)(3). Makes conforming change to Section 3.2(e) of SL 2017-10, making Section 3.2(a), amending Section 14.20(f) of SL 2015-241, apply only to franchise agreements executed on or after October 1, 2015 (deleting expanded application to franchise agreements executed on or before October 1, 2015, as previously specified).

Amends GS 130A-294 (Solid waste management program). Amends subsection (a2), defining life of site to mean the period from the initial receipt of solid waste at the facility until the facility reaches its final permitted elevations, not to exceed 60 years (currently, until the Department approves final closure of the facility). Adds new subsection (a3), establishing that a life-of-site permit issued for a sanitary landfill survives the expiration of a local government approval or franchise. Authorizes the county to extend the franchise under the same terms and conditions for the term of the life-of-site permit. Adds that the extension of a franchise does not trigger the requirements for a new permit, a major permit modification, or a substantial amendment to the permit. Amends subdivision (b1)(3), providing that the hearing and notice requirements of this subdivision do not apply to franchises extended pursuant to new subsection (a3). Makes conforming changes to subsection (a2).

Section 17.

Amends GS 44A-24.2(3) to amend the definition of commercial real estate as used in the Commercial Real Estate Broker Lien Act to include any real property or interest therein which at the time the property or interest is made the subject of an agreement for broker services is lawfully used primarily for agriculture or forestry. 

Section 18.

Amends GS 95-69.10(b)(8), exempting from the provisions of Article 7A (Uniform Boiler and Pressure Vessel Act) a pressure vessel that does not exceed the listed limitations and is not equipped with a quick actuating closure, and is five cubic feet in volume when the pressure vessel is constructed and operated on the same real property zoned industrial and where its operation is undertaken using commercially acceptable safety precautions for the application.

Section 19.

Amends GS 130A-336, establishing that an improvement permit or authorization for wastewater system construction issued by a local health department from January 1, 2000, to January 1, 2015, which has not been acted on and would have otherwise expired, remains valid until January 1, 2020, without penalty. Provides this extension does not apply where there are changes in the hydraulic flows or wastewater characteristics from the original local health department evaluation. Permits are transferable with ownership of the property. Requires permits to retain the site, soil evaluations, and construction conditions of the original permit.