Bill Summary for S 70 (2019-2020)

Summary date: 

Feb 14 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 70 (Public) Filed Thursday, February 14, 2019
AN ACT TO IMPROVE THE STATE'S EROSION AND SEDIMENTATION PROGRAMS BY DIRECTING THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO REVIEW AND MAKE RECOMMENDATIONS REGARDING REPORTING BY DELEGATED LOCAL PROGRAMS, BY PROVIDING LIMITED LOCAL PROGRAMS ADDITIONAL FLEXIBILITY FOR CONDUCTING INSPECTIONS, BY REQUIRING PERIODIC REVIEW OF DELEGATED LOCAL PROGRAMS, BY DIRECTING THE PROGRAM TO COLLECT AND REPORT DATA ON ITS INTERNAL TARGETS FOR EROSION AND SEDIMENTATION PLAN REVIEW AND APPROVAL, BY REQUIRING THE USE OF SITE-SPECIFIC FACTORS TO PRIORITIZE MONITORING AND COMPLIANCE ACTIVITIES, BY REQUIRING THAT CERTAIN ROUTINE INSPECTIONS BE COORDINATED WITH THE REGULATED COMMUNITY, BY ADJUSTING PLAN REVIEW FEES TO MORE FULLY REFLECT PROGRAM OPERATIONAL COSTS, AND BY DIRECTING THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO ESTABLISH INFORMATION MANAGEMENT POLICIES AND A PERFORMANCE MANAGEMENT SYSTEM, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE.
Intro. by Foushee, Waddell.

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Bill summary

Part I

Directs the Division of Energy, Mineral, and Land Resources (Division) of the Department of Environmental Quality (DEQ) to study the adequacy and compliance with reporting requirements for delegated local erosion and sedimentation control programs. Requires the Division to report to the specified NCGA Committee by January 1, 2020, having considered the reporting aspects described. Based on the study findings and report, directs the Sedimentation Control Commission to issue rules revising the delegated local program reporting requirements and amend existing agreements with delegated local programs to incorporate the revised requirements. 

Amends GS 113A-60(b), adding a new requirement for the Sedimentation Control Commission to review each local erosion and sedimentation control program for compliance with requirements of Article 4 of GS Chapter 113A (Sedimentation Pollution Control Act) at least every five years. 

Part II

Adds to GS 113A-54.1, regarding the approval of erosion control plans, to require DEQ to collect and maintain data for at least two years regarding compliance with its internal targets for review and approval of erosion and sedimentation control plans. Requires the data be reported quarterly to the Sedimentation Control Commission, in the format described, to be used by the Commission to determine whether DEQ should modify the internal targets to ensure continued improvement in program efficiency.

Part III

Amends GS 113A-54 to require the Sedimentation Control Commission’s rules adopted for carrying out the erosion and sedimentation control program to provide for the use of site-specific risk factors in determining the frequency of inspection of land-disturbing activities conducted by DEQ pursuant to GS 113A-61.1.

Part IV

Adds to GS 113A-61.1, concerning the inspection of land-disturbing activities, and GS 113A-60, by authorizing a local government or group of local governments establishing a limited program or joint limited program under the statute to contract with a licensed professional engineer or licensed landscape architect to conduct inspections of land-disturbing activities on its behalf.

Part V

Amends GS 113A-54.2, increasing the application fee from $65 to $125 per acre of disturbed land shown on an erosion and sedimentation control plan or of land actually disturbed during the life of the project, for review of an erosion and sedimentation control plan under Article 4. Amends GS 113A-60, increasing the maximum total fee amount which may be charged by a local government to cover the cost of inspection and program administration activities (including the fee amount established by GS 113A-54.2) from $100 to $170 per acre. Effective July 1, 2019.

Part VI

Amends GS 113A-54, requiring the Sedimentation Control Commission to establish information management policies and directing the Commission to compel the DEQ Secretary to create a performance management system that meets three specified criteria, as described.

Part VII

Requires the Division to report to the specified State Commissions and NCGA Committee regarding implementation of the act by January 1, 2020.

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