Bill Summary for S 810 (2011-2012)

Summary date: 

Jun 14 2012

Bill Information:

View NCGA Bill Details2011-2012 Session
Senate Bill 810 (Public) Filed Thursday, May 17, 2012
TO (1) REESTABLISH THE JOINT LEGISLATIVE ADMINISTRATIVE PROCEDURE OVERSIGHT COMMITTEE; (2) MAKE VARIOUS TECHNICAL AND CLARIFYING CHANGES TO THE ADMINISTRATIVE PROCEDURES ACT; (3) EXTEND THE EFFECTIVE DATE FOR CHANGES TO FINAL DECISION-MAKING AUTHORITY IN CERTAIN CONTESTED CASES; (4) LIMIT THE PERIOD DURING WHICH RECORDS OF UNCLAIMED PROPERTY MUST BE MAINTAINED; (5) REQUIRE AGENCIES TO GIVE WRITTEN NOTICE BEFORE AUDITING OR EXAMINING A BUSINESS; (6) CLARIFY THAT THE DISCHARGE OF WASTE INTO WATERS OF THE STATE DOES NOT INCLUDE THE RELEASE OF AIR CONTAMINANTS INTO THE OUTDOOR ATMOSPHERE; (7) AUTHORIZE RATHER THAN REQUIRE THE COMMISSION FOR PUBLIC HEALTH TO ADOPT RULES FOR THE TESTING OF WATER FROM NEW DRINKING WATER WELLS FOR CERTAIN VOLATILE ORGANIC COMPOUNDS; (8) DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO TRACK AND REPORT ON PERMIT PROCESSING TIMES; (9) DELAY THE EFFECTIVE DATE FOR COMPLIANCE WITH WADING POOL FENCING REQUIREMENTS FROM JULY 1, 2012, TO JANUARY 1, 2013; AND (10) DIRECT THE COMMISSION FOR PUBLIC HEALTH TO AMEND THE RULES GOVERNING THE DURATION OF PERMITS FOR SANITARY LANDFILLS AND THE PERIOD IN WHICH THOSE PERMITS ARE REVIEWED, AS RECOMMENDED BY THE JOINT REGULATORY REFORM COMMITTEE.
Intro. by Rouzer, Brown, Davis.

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Bill summary

House committee substitute makes the following changes to 3rd edition.
Amends proposed subsection (h) to GS 150B-19.1 (rule-making requirements) to clarify that a specified agency must respond to a state agency’s request for certification within 20 business days, and makes an additional clarifying change.
Adds nonprofits to the directives related to reports required from state agencies on audit, examination, and inspection functions.
Adds a section to make technical changes to several provisions in Article 8 (employee appeals of grievances and disciplinary action) of GS Chapter 126 to replace references to the State Personnel Commission with the Office of Administrative Hearings.
Amends proposed GS 143B-279.17, which directs the Department of Environment and Natural Resources (DENR) to track and report permit processing time, to limit that tracking to two specified programs. Directs, in uncodified language, DENR to inventory all permits, licenses, and approvals issued, and to provide a list of such items to the Environmental Review Commission by January 15, 2013. Adds a section to make clarifying changes to SL 2011-398 concerning approval from the Environmental Protection Agency.
Deletes amendment to GS 130A-250, which exempted seasonal markets from certain sanitation regulations. Amends GS 143-138(b4), which exempts certain farm buildings from building rules, to provide that a farm building includes any structure that is (1) used to display and sell produce, (2) 1,000 square feet or less in size, (3) open to the public for 180 or fewer days a year, and (4) certified.
Deletes proposed GS 95-4.1, which required the Department of Labor to provide notice at least 72 hours before conducting an inspection, and instead directs the Department of Labor, in uncodified language, and other specified parties, to develop an employer’s statement of rights to be presented by an inspector upon beginning an inspection. Effective July 1, 2012.
Adds a section, amending GS 120-270, to require agencies to report to the General Assembly after determining that a law obstructs the agency’s ability to reduce identity theft by January 1 of the next year.
Adds a section, amending GS 143B-431(e) to require the business license coordinator in each state agency to report annually (rather than quarterly) on the number of licenses issued in the previous fiscal year.
Adds a section, amending GS 130A-248(c1), to provide that a mobile food unit must meet all sanitation requirements of a permitted commissary or have a permitted restaurant or commissary as the unit’s base of operations (previously required the unit to have a base of operations). Retains requirement that pushcarts must have a base of operations.
Makes conforming changes to the bill title.

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