Bill Summary for S 612 (2013-2014)

Summary date: 

Apr 2 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 612 (Public) Filed Tuesday, April 2, 2013
AN ACT TO PROVIDE REGULATORY RELIEF TO THE CITIZENS OF NORTH CAROLINA BY CREATING A FAST TRACK PERMITTING PROCESS FOR CERTAIN ENVIRONMENTAL PERMITS; BY CLARIFYING THE PREEMPTION OF CITY ORDINANCES AND CLARIFYING THAT SIMILAR RULES APPLY TO COUNTY ORDINANCES; BY CLARIFYING THE LAWS RELATING TO GROUNDWATER COMPLIANCE BOUNDARIES; BY EXTENDING THE TERMS OF CERTAIN ENVIRONMENTAL PERMITS; BY CLARIFYING THAT THE DEFINITON OF 'BUILT-UPON AREA' INCLUDES ONLY IMPERVIOUS SURFACES; BY AMENDING THE ADMINISTRATIVE PROCEDURE ACT TO ELIMINATE THE REQUIREMENT THAT AN AGENCY PREPARE A FISCAL NOTE WHEN REPEALING A RULE; BY REQUIRING THE REPEAL OR REVISION OF EXISTING ENVIRONMENTAL RULES MORE RESTRICTIVE THAN FEDERAL RULES PERTAINING TO THE SAME SUBJECT MATTER; BY ALLOWING MUNICIPALITIES TO LEASE REAL PROPERTY FOR A TERM OF UP TO TWENTY FIVE YEARS TO PRIVATE COMPANIES CONSTRUCTING RENEWABLE ENERGY FACILITIES; BY ALLOWING GOING OUT OF BUSINESS SALE LICENSES TO BE ISSUED BY ANY MUNICIPAL OFFICIAL DESIGNATED BY THE GOVERNING BODY OF THE MUNICIPALITY; BY DIRECTING THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES AND THE DEPARTMENT OF TRANSPORTATION TO JOINTLY PETITION THE WILMINGTON DISTRICT OF THE UNITED STATES ARMY CORPS OF ENGINEERS TO ALLOW FOR GREATER FLEXIBILITY AND OPPORTUNITY TO PERFORM WETLANDS MITIGATION BEYOND THE IMMEDIATE WATERSHED WHERE DEVELOPMENT WILL OCCUR; BY CLARIFYING THAT THE DEFINITION OF 'BUILT-UPON AREA' INCLUDES ONLY IMPERVIOUS SURFACES; AND BY REQUIRING MEMBERS OF ADVISORY BODIES TO STATE AGENCIES AND BOARDS TO DISCLOSE POTENTIAL CONFLICTS OF INTEREST PRIOR TO MAKING ANY RECOMMENDATION.
Intro. by Brown, Jackson, Brock.

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Bill summary

Requires the Department of Environment and Natural Resources (DENR) to develop Minimum Design Criteria for stormwater runoff permits. Requires that the criteria include requirement for the siting, site preparation, design and construction, and post-construction monitoring and evaluation necessary for issuing a stormwater permit.

Also requires DENR to develop Minimum Design Criteria for erosion and sedimentation control plans issued by DENR and local governments. Requires that the criteria include requirements for the siting, site preparation, design and construction, and post-construction monitoring and evaluation necessary to approve an erosion and sedimentation control plan.

Requires DENR to consult with a working group, with specified experts, in developing the criteria and requires that recommendations be submitted to the Environmental Review Commission (EMC) by March 1, 2014.

Enacts new GS 143-214.7B and GS 113A-68 requiring the EMC and the Sedimentation Control Commission to adopt rules to implement fast track permitting processes for stormwater management system permits and approval of erosion and sedimentation control plans, without a technical review when the applicant (1) complies with the Minimum Design Criteria, and (2) submits a permit application sealed by a professional engineer. Rules implementing these statutes must be adopted by February 1, 2014. Requires DENR to identify other permitting programs for which the fast track process would be appropriate and report by may 1, 2014 to the Environmental Review Commission.

Amends GS 160A-174 (city general ordinance‑making power) to add that an ordinance is not consistent with state or federal law when it regulates a field that is also regulated by a state or federal statute or regulation and the ordinance is more stringent.

Enacts new GS 153A-121(a1) requiring that a county ordinance be consistent with state and federal constitutions and laws. Specifies six instances when an ordinances is not consistent with state or federal law, including when it regulates a field that is also regulated by a state or federal statute or regulation and the ordinance is more stringent. Provides that the fact that a state or federal law, standing alone, makes a given act, omission, or condition unlawful precludes county ordinances requiring a higher standard of conduct or condition.

Amends GS 130A-309.09B and GS 130A-294 to add demolition debris (and to expand the items that make up the inert debris or demolition debris to include brick and wood) to those items that may be used as fill and do not need to be disposed of in a landfill or solid waste disposal facility.

Amends GS 143-215.1 (control of sources of water pollution; permits required) to require any person who is required to obtain a permit under the statute for a disposal system to have a compliance boundary (as the Commission may establish) for various categories of disposal systems and beyond which groundwater quality standards may not be exceed. Limits compliance boundaries to within property boundaries. Provides that when the operation of a disposal system results in exceeding the groundwater quality standards, the Commission must require the exceedances within the compliance boundary be remedied through clean-up, recovery, containment, or other response when three specified conditions are met. Provides that when the exceedances of the groundwater quality standards occur outside of the compliance boundary, the exceedances must be remedied through clean up, recovery, containment, or other response as directed by the Commission. Applies new GS 143-215.1(j) with respect to exceedanes of groundwater quality standards within a compliance boundary and related remedies, in lieu of the restricted designation directives found in the specified rule until DENR has adopted revisions to the rule to comply with this act.

Amends GS 143-215.1 to extend the term of permits, other than those issued under (c) (applications for permits and renewals for facilities discharging to the surface waters), to a term not to exceed 10 years (was, not to exceed eight years). Also amends the statute to allow third parties who are dissatisfied with the Commission's permit decision to commence a contested case.

Amends GS 143-215.108 to extend the term of permits, other than those issued under Title V, to a term not to exceed 10 years (was, not to exceed eight years). Also amends the statute to allow third parties who are dissatisfied with the Commission's permit decision to commence a contested case.

Amends GS 143-151.42 to allow the use of a master meter for electric and natural gas service when the tenant and landlord have agreed in the lease that the cost of the services shall be included in the rental payments and the service shall be in the landlord's name.

Enacts new GS 143-214.18 to provide that specified temporary and permanent rules concerning the protection and maintenance of existing riparian buffers in the Neuse River and Tar-Pamlico River Basins to do not apply to any tract of land where: (1) the property is private property, (2) the property, prior to August 1, 2000, was private and platted and recorded in the register of deeds office where the property was located, and (3) with the exception of a specified rule, the use of the property complies with rules and laws applicable before August 1, 2000. If the property is converted to a use that does not comply with the specifications, then the specified rule does apply.

Enacts new GS 150B-21.14A to give the Rules Review Commission to review any existing rule, upon request or its own motion, that was adopted in accordance with Part 2 of the Article. Provides for notice before reviewing the rule and sets forth the standards for reviewing an existing rule. Prohibits the RRC from considering questions relating to the quality or efficacy of the rule. Requires, if the RRC disapproves a rule and the agency responds that it is not changing the rule, that the RRC provide a report in 30 days to the Joint Legislative Administrative Procedure Oversight Committee and the Joint Legislative Commission on Governmental Operations.

Includes a severability clause applicable to the entire act.

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