Bill Summary for S 612 (2013-2014)

Summary date: 

May 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

Senate amendment #3 makes the following changes to the 2nd edition.

Changes the long title.

Amends GS 160A-174(c) and GS 153A-121(a2), providing that the limitations set out in GS 160A-174(b)(5a) and GS 153A-121(a1)(6) do not apply, regarding the preemption of ordinances of cities, or counties, if they are or continue to be required by an act of the General Assembly or US Congress that expressly requires the city or county to adopt an ordinance.

Deletes the provisions found in Part VII, titled Permit Longer Alternative Energy Leasing Periods.  Creates new Section 7(a), which allows all cities to lease city-owned property for the siting and operation of a renewable energy facility for up to 25 years (previous edition provided similar language, but included different effective dates). Creates a Section 7(b), which amends Section 3 of SL 2010-57, regarding renewable energy facilities, providing that the act is effective when it becomes law, but Section 1 expires June 30, 2015 (was, entire act expired June 30, 2015).

Senate amendment #4 makes the following changes to the 2nd edition.

Amends subsection (d2) of GS 143-215.1 (Control of sources of water pollution; permits required), providing that all permits issued pursuant to this section for which an expiration date is specified, excluding permits issued pursuant to subsection (c) of this section, will be issued for a term not to exceed eight years (was, not to exceed 10 years).

Amends subsection (d1) of GS 143-208 (Control of sources of air pollution; permits required), providing that all permits issued pursuant to this section, excluding Title V permits issued pursuant to this section, will be issued for a term not to exceed eight years (was, not to exceed 10 years).

 

 

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