Bill Summary for S 472 (2025-2026)
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View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT TO MAKE VARIOUS CHANGES TO THE PROCESS FOR 401 WATER QUALITY CERTIFICATIONS ISSUED BY THE DEPARTMENT OF ENVIRONMENTAL QUALITY.Intro. by Jarvis, McInnis, Moffitt.
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Bill summary
Senate committee substitute to the 1st edition makes the following changes.
Now requires the Department of Environmental Quality (DEQ) to begin review of permit applications under the Water Quality Certification Rules, 15A NCAC 02H .0500 (Rules) immediately upon receipt of the application, but no certification should be issued until the applicant has paid the requisite fee. (Was, application not deemed complete for DEQ review until the fee was paid.) Clarifies that the expedited process DEQ is required to adopt under the act allows it to approve or deny an application under the expedited timeframe (was, DEQ could approve an application). Sets the deadline for DEQ to complete review at five business days of receipt of the application and fee (was, just application).
Requires DEQ to prepare and submit to the United States Environmental Protection Agency (EPA) the expedited review process for water quality certifications required for projects that have received a Nationwide Permit issued by the United States Army Corps of Engineers under the act, by August 1, 2025. Directs that those changes are effective on the later of (1) October 1, 2025, or (2) the first day of a month that is 60 days after DEQ’s Secretary certifies to the Revisor of Statutes that the EPA has approved the proposed expedited review process. Provides for notice on DEQ’s website. On the day DEQ receives notices that its expedited review process has been approved by the EPA, directs DEQ to request the United States Army Corps of Engineers approve a modification to the Programmatic Agreement executed between the agencies to reflect the review and decision timelines for water quality certifications. Requires DEQ to report to the specified NCGA committee on the status of its activities pertaining to EPA approval and modifications of its programmatic agreement as discussed above, quarterly, beginning September 1, 2025, until the date the act becomes law.