Bill Summary for S 469 (2017-2018)

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Summary date: 

Jun 27 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 469 (Public) Filed Wednesday, March 29, 2017
Intro. by Brown.

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Bill summary

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

Deletes the proposed changes to GS 130A-334(9a), amending the definition of repair.

Deletes the proposed changes to GS 130A-337, concerning initial improvement and operation permits for wastewater systems.

Deletes proposed subsection (a2) in GS 130A-335 (Wastewater collection, treatment and disposal; rules), which required evaluations for soil conditions and site features be approved by the applicable permitting authorities. Also deletes the proposed changes to subsections (c) and (e), concerning rules of the Commission for Public Health and local boards of health. 

Deletes the directive requiring the Commission for Public Health and any local board of health to implement 15 NCAC 18A .1945 (Available Space) by prohibiting either the Commission or the rules of a local board of health from requiring sufficient available space for a replacement wastewater system of 480 gallons per day or less of domestic wastewater. Makes conforming deletions.

Deletes the directive requiring the Commission for Public Health and any local board of health to implement 15 NCAC 18A .1943 (Soil Depth) by prohibiting the Commission or the rules of a local board of health from establishing limitations on depths to suitable, provisionally suitable, or unsuitable soils or saprolite, or limitations based solely on gallons per day. Makes conforming deletions.

Deletes the authorization to the Division of Water Resources and the State Property Office to negotiate an agreement with appropriate federal agencies for the State to assume responsibility for acquiring dredged material easement sites for maintenance dredging of the Atlantic Intracoastal Waterway between Beaufort Inlet and the Virginia border in exchange for the reduction in size and possible change in location of dredged material disposal easement sites currently held by the federal government. Deletes the proposed changes to GS 143-215.73F(b), which authorized the use of the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund to provide funding for the above agreement with the federal government.

Enacts GS 143-215.73M, establishing the Coastal Storm Damage Mitigation and Prevention Fund (Fund). Details the funding sources of the Fund. Limits allocation of revenue credited to the Fund to the State or local government to cover costs associated with beach nourishment, artificial dunes, and other projects to mitigate, remediate, or prevent coastal storm damage to the ocean beaches and dune system of the State. Details cost-sharing for any project funded by revenue from the Fund based on whether the dredging project is located in a development tier one area. Provides for the return of contributions to the Fund from non-State entities for a particular project or group of projects if the contribution has not been spent or encumbered within two years of receipt of the contribution to the Fund. 

Amends GS 143-64.17 to add the terms excusable delay and interim period to the definitions provided. Defines excusable delay to mean a delay in performance of a guaranteed energy savings contract caused by an event or circumstance beyond a party's reasonable control, including without limitation, any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil insurrection, quarantine, restrictions, delays of common carriers, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. Defines interim period to be the period between the effective date of the guaranteed energy savings contract and the date the installation of the energy conservation measures is complete and has been accepted by the governmental unit. Makes organizational changes.

Amends GS 143-64.17B (Guaranteed energy savings contracts). Adds to subsection (g), which requires a qualified provider to provide an annual reconciliation statement, to also require the qualified provider to provide a reconciliation statement for energy savings realized during the interim period, to be provided within 90 days from the time that the energy conservation measures become fully operational. Adds new subsection (h), providing that if completion of a project is delayed for reasons not the fault of the governmental unit or due to an excusable delay, as defined in new GS 143-64.17(2a), the projected acceptance date for purposes of structuring the financing is the date when the energy savings guarantee begins, and, if the measured and verifiable savings under the contract at the time of the scheduled payment of the financing contract are inadequate, the qualified provider is responsible for the shortfall. Specifies that the actual savings realized during the interim period must be held by the governmental unit for payment under the financing contract.