Bill Summary for S 612 (2013-2014)

Summary date: 

May 1 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

Senate amendment#1 makes the following changes to the 2nd edition.

Amends the long title to reflect a change in the bill content.

Inserts a new Section 3.4 to this act, amending Section 2 of SL 2006-246 to define built -upon area to mean a portion of a project covered by an impervious surface (was, an impervious or partially impervious surface). Specifies that "built-upon area" does not include gravel. Directs the Department of Environment and Natural Resources (DENR) to adopt rules to implement this section and declares that the definition of built-upon area in subsection (a) of this section applies in lieu of any other definition of the term appearing in rules adopted under SL 2006-246 until permanent rules to implement subsection (a) take effect.

Makeschanges to Part II, which clarifies local government preemption, amending GS 160A-174(b) (regarding city ordinances) and GS 153A-121 (regarding county ordinances) to replace the coordinating conjunction "and" with "or" in the listing of factors that make a county or city ordinance inconsistent with state or federal law.

Senate amendment #2 makes the following changes to the 2nd edition.

Deletes all the provisions of Section 3.1 of this act, dealing with the disposal of demolition debris from the decommissioning of manufacturing buildings, including electric generating stations.

Deletes all of Part V, which enacted a newstatute in Part1 of Article 21 of GS Chapter 143, dealingwith exemptions to the riparian buffer requirements for certain private properties in the Neuse River and Tar-Pamlico River basins.

Makes conforming changes to the bill title.

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