Bill Summary for S 553 (2019-2020)

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Summary date: 

Apr 4 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 553 (Public) Filed Tuesday, April 2, 2019
Intro. by Sanderson, Wells.

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Bill summary

Amends 130A-294(a4) by adding the requirement of “substantial compliance” or “full compliance” (formerly “compliance”) with certain terms and distinguishes between nonfinancial and financial terms of a franchise agreement.  Provides that a life-of-site permit will remain valid until its expiration date, and a sanitary landfill may continue to operate, if the owner or operator substantially complies with the terms of the local government approval or franchise agreement and remains in substantial compliance with nonfinancial terms of the franchise and full compliance with financial terms until the permit expires.

Deletes the language in GS 93A-40(a) that renders it unlawful for a person to act as a time share sales person without first obtaining a real estate broker license; it remains unlawful for a developer to sell or offer to sell a time share without first obtaining the necessary certificate of registration as issued by the state.

Requires the Department of Environmental Quality to study and report on the need for additional positions and funding, and possible changes to laws, that would be necessary to expand the Department’s express permitting programs to encompass additional types of permits typically required for job creating, real estate development, and redevelopment activities. Requires a report to the specified NCGA committee and division by December 1, 2019.

Clarifies that the act as a whole will remain valid even if a provision of the act is declared unconstitutional.