Bill Summary for S 553 (2019-2020)

Printer-friendly: Click to view

Summary date: 

May 23 2019

Bill Information:

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

View: All Summaries for BillTracking:

Bill summary

Senate committee substitute modifies and adds to the 1st edition as follows.

Adds organizational parts to the act.

Part I. State and Local Government Regulation

Amends GS 14-234(d1), which sets forth an exception for certain public officers from the prohibition against public officers or employees benefiting from public contracts. Increases the maximum allowable contract amount in a 12-month period under the exception from $40,000 to $60,000 for contracts for goods or services (other than medically related services) between the village, town, city, county social services board, county or city board of education, local health board or area mental health, developmental disabilities and substance abuse board, or public hospital and one of its officials, as described, approved by resolution of the governing body as required by existing law.

Requires that Section 2902.6 of the NC Building Code and Table 403.1 of the Plumbing Code be implemented to no longer require drinking fountains for an occupant load of 30 or fewer, only require one water closet for business occupancies with an occupational load of 30 or fewer, and no longer require a service sink for business and mercantile occupancies with an occupant load of 30 or fewer. Requires the Building Code Council to adopt rules to amend Section 2902.6 of the Building Code and Table 403.1 of the Plumbing Code consistent with this provision.

Modifies the proposed changes to GS 93A-40(a) concerning real estate licensing requirements for time share salespeople. Now renders it unlawful for any person to engage or assume to engage in the business of a time share developer or time share salesperson to sell or offer to sell a time share in the state without the time share developer first obtaining a a certificate of registration for the project to be offered for sale (previously did not require the developer to first obtain registration prior to engaging or assuming to engage in the business of a time share salesperson). Defines a time share salesperson to be a licensed real estate broker unless the salesperson meets the requirements for exemption from licensure under specified state law and has their income reported on the IRS W2 form.

Directs all occupational licensing boards which require continued education to study any available options offered for online continuing education. Requires each licensing board's study and report to (1) list and describe options available to each licensee or an explanation as to why no online methods are offered, (2) include the approximate number of offerings made available for each method and associated costs, and (3) include a description of access by the licensee to each method. Requires the licensing boards to report to the specified NCGA committee and division by December 1, 2019.

Part II. Agriculture, Energy, Environment, and Natural Resources Regulation

Amends GS 130A-309.10 to no longer prohibit the disposal of discarded computer equipment or discarded televisions in landfills or by incineration.

Amends Section 13.2 of SL 2018-5, as amended, which requires up to $2 million of the funds credited to the Inactive Hazardous Sites Cleanup Fund to be used by the Division of Waste Management to provide a matching grant to Charlotte Motor Speedway, LLC for remediation activities at the Speedway, now providing for a 1:1 rather than 1:2 match of State dollars to non-State dollars by the grant.

Modifies the proposed changes to GS 130A-294(a4), providing 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. Eliminates the requirement that the owner or operator remains in substantial compliance with nonfinancial terms of the franchise and full compliance with financial terms until the permit expires, as previously proposed.

Amends GS 143-215.54 regarding the regulation of flood hazard areas. Adds aquaculture to the permitted uses of flood hazard areas without a permit so long as the use complies with local land-use ordinances and any other applicable laws or regulations. Prohibits local governments from adopting ordinances or requiring permits to regulate the allowable agricultural and wildlife uses in flood hazard areas when the loss of flood storage capacity in the area caused by the new use is offset by the use of compensatory storage. Otherwise authorizes local governments to adopt ordinances or require permits to regulate allowable agricultural and wildlife uses in flood hazard areas and allows a local government to charge a permit application fee of no more than $100.

Modifies the proposed study and report on the expansion of express permitting by the Department of Environmental Quality (DEQ) to require that the Department also provide its report and recommendations to the Environmental Review Commission. Also extends the date by which DEQ must report to the Environmental Review Commission and the specified NCGA committee and division from December 1, 2019, to March 1, 2020.

Amends GS 130A-335, concerning wastewater collection, treatment, and disposal by residences, businesses, and public places. Authorizes local health departments to determine site suitability for a ground absorption sewage treatment and disposal system under rules adopted by the Public Health Commission or based on documentation indicating the system's effluent will be nonpathogenic, noninfectious, nontoxic, and nonhazardous; will not contaminate groundwater or surface water; and will not be exposed on the ground surface or discharged to surface waters where it could come into contact with people, animals, or vectors. 

Part III. Severability and Effective Date

Maintains the act's severability and effective date provisions.

Makes conforming organizational changes.