Bill Summary for S 8 (2017-2018)

Summary date: 

Jun 29 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 8 (Public) Filed Wednesday, January 25, 2017
AN ACT TO PROVIDE AN EXEMPTION TO BUILDING CODE PROVISIONS ALLOWING CONSTRUCTION OF A PARKING GARAGE TO EXTEND ACROSS A LOT LINE BETWEEN A CITY‑OWNED LOT AND A PRIVATELY OWNED LOT WITHOUT MEETING CERTAIN REQUIREMENTS; TO RESTRICT THE STORMWATER RUNOFF REQUIREMENTS THAT A LOCAL GOVERNMENT CAN APPLY TO PUBLIC AIRPORTS; AND TO REVISE THE COMPOSITION OF THE LINCOLNTON‑LINCOLN AIRPORT AUTHORITY, TO NAME THE AIRPORT, AND TO NAME THE AIRFIELD WITHIN THE AIRPORT.
Intro. by Wells, Brown, Pate.

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Bill summary

House committee substitute makes the following changes to the 3rd edition.

Deletes all previous provisions. Changes the long and short titles, and now provides the following.

Part I. Building Code Exemption

Applicable only to municipalities with a population of more than 250,000, establishes that if a lot line or public way exists between a single city-owned lot and a single privately owned lot, a parking garage that extends across the lot line or public way between the two lots can be constructed as if the city-owned lot has been combined with the privately owned lot so that there is no lot line or public way between them. Expires June 30, 2020.

Part II. Stormwater Runoff/Airports

Makes GS 143-214.7 (Stormwater runoff rules and programs) also applicable to local governments. Prohibits local governments from requiring the use of stormwater retention ponds, stormwater detention ponds, or any other stormwater control measures that promote standing water in order to comply with any local ordinance adopted under GS 143-214.5 at public airports that support commercial air carriers or general aviation services. Adds that development projects within five statute miles from the farthest edge of an airport air operations area are not required to use the same stormwater control measures that promote standing water in order to comply with any local ordinance. Further permits existing stormwater control measures that promote standing water in order to comply with any local ordinance and located at a public airport or that are within five statute miles from the farthest edge of an airport operations area to be replaced with alternative measures included in the Division of Water Resources Best Management Practice Manual as specified. Provides that a variance to allow any replacement of existing stormwater control measures that promote standing water are considered minor variances under any local government ordinance adopted under GS 143-214.5. Requires local government to deem areas that provide overland stormwater flow that promote infiltration and treatment of stormwater into grassed buffers, shoulders, and grass swales to be permitted pursuant to State requirements and in compliance with any local government water supply watershed management protection ordinance adopted under GS 143-214.5.

Part III. Nonpublic School to Provide SEAA with Background Checks

Amends GS 115C-562.5(a)(2), requiring nonpublic schools accepting eligible students receiving scholarship grants to provide the Education Assistance Authority a criminal background check conducted for each full-time, part-time, or contract employee whose duties require the employee to be on school property to ensure that person has not been convicted of any crime listed in GS 115C-332 (currently, checks required of a staff member with the highest decision-making authority, as defined by the bylaws, articles of incorporation, or other governing document).

Effective September 1, 2017, and applies to existing employees and future employees. Provides that for existing employees, nonpublic schools must submit the background checks to the Education Assistance Authority on or before December 1, 2017.

Part IV. Lincolnton-Lincoln Airport Changes

Amends Section 2 of SL 1996-10, modifying the Lincolnton-Lincoln Airport Authority (Authority) to now provide as follows. Decreases the Authority from seven to five members: four of whom are appointed to staggered three-year terms by the Lincoln County Board of Commissioners and one appointed to a staggered three-year term by the Lincolnton City Council (currently, three appointed by the Lincoln City Council, three appointed by the Lincoln County Board of Commissioners, and one appointed by the other six members of the Authority). Makes conforming changes. Requires at least one member appointed by the Lincoln County Board of Commissioners be a qualified voter of the City of Lincolnton, and requires all four members appointed by the Lincoln County Board of Commissioners to be qualified voters of the County of Lincoln. Prohibits any member of the Authority from serving more than two consecutive term limits. Directs the Chairman of the Board to be annually designated by Lincoln County. 

Names the airport operated by the Lincolnton-Lincoln County Airport Authority the Lincolnton-Lincoln Airport, and the airfield of the airport the David E. Lowe Airfield.

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