AN ACT TO (1) REESTABLISH THE JOINT LEGISLATIVE ADMINISTRATIVE PROCEDURE OVERSIGHT COMMITTEE; (1A) MODIFY APPOINTMENTS TO THE MINING AND ENERGY COMMISSION; (2A) MAKE VARIOUS TECHNICAL AND CLARIFYING CHANGES TO THE ADMINISTRATIVE PROCEDURES ACT; (2B) MAKE CONFORMING CHANGES TO THE STATE PERSONNEL 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; (5A) DIRECT AGENCIES TO SUBMIT A REPORT ON NOTICE GIVEN BEFORE AUDITING OR EXAMINING A BUSINESS TO THE JOINT LEGISLATIVE ADMINISTRATIVE PROCEDURE OVERSIGHT COMMITTEE; (5B) LIMIT STATE AGENCY IDENTITY THEFT REPORTING REQUIREMENTS; (5C) REQUIRE THE DEPARTMENT OF LABOR TO PROVIDE NOTICE PRIOR TO INSPECTIONS; (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; (7A) CLARIFY APPLICATION OF CERTAIN NUTRIENT RULES TO SMALL WASTEWATER DISCHARGES; (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; (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; (11) AMEND THE CRITERIA FOR DESIGNATION AS A PORT ENHANCEMENT ZONE; (12) EXEMPT CERTIFIED ROADSIDE FARM MARKETS FROM CERTAIN BUILDING CODE REQUIREMENTS; AND (13) ALLOW THE PERMITTING OF MOBILE FOOD UNITS THAT MEET THE SANITATION REQUIREMENTS OF A COMMISSARY. Summarized in Daily Bulletin 5/17/12, 5/24/12, 5/30/12, 5/31/12, 6/4/12, 6/14/12, 6/20/12, and 6/21/12. Enacted July 16, 2012. Effective July 16, 2012, except as otherwise provided.
Summary date: Jul 17 2012 - More information
Summary date: Jun 21 2012 - More information
House amendment makes the following changes to 4th edition, as amended.
Amendment #6 codifies provisions of Section 10.1(b) of this act as new GS 95-9.1, Notice of employer’s rights during farm inspections. Requires that the notice required to be presented to the employer at the start of an inspection of any premises engaged in agricultural employment must advise the employer of any legal rights or recourses to which the employer and employees are entitled under state or federal law. Defines agricultural employment to have the same meaning as used in this section as defined in GS 95-223(1). Deletes requirement that the Department of Labor provide a copy of the notice and any explanation of its development it deems relevant to the Joint Regulatory Reforms Committee. Becomes effective August 1, 2012 (was, July 1, 2012) and applies to all inspections of agricultural employment premises conducted by the Department of Labor on or after that date.
Amendment #7 clarifies application of certain Jordan Lake and Falls Lake nutrient rules to small wastewater discharges and makes a conforming change to the title.
Summary date: Jun 20 2012 - More information
House amendments make the following changes to 4th edition.
Amendment #1 makes the provision postponing to January 1, 2013, the date for public swimming pool owners and operators to comply with wading pool fence requirements effective July 1, 2012.
Amendment #3 directs the Commission for Public Health to adopt rules related to permits for transfer stations by July 1, 2013. Makes conforming changes to include transfer stations.
Amendment #4 modifies appointments to the NC Mining and Energy Commission effective August 1, 2012, if Senate Bill 820 (Clean Energy and Economic Security Act) becomes law and makes a conforming change to the bill title.
Summary date: Jun 14 2012 - More information
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.
Summary date: Jun 4 2012 - More information
Senate amendment makes the following changes to 2nd edition, as amended. Amends previous amendments #5 and #3 so that the amendment placement no longer overlaps, thereby ensuring the inclusion of the amendment clarifying that a port enhancement zone must be comprised of part or all of one or more contiguous census tracts, census block groups, or both, among other requirements.
Summary date: May 31 2012 - More information
Senate amendments make the following changes to 2nd edition, as amended.
Amendment #3 adds a section amending GS 130A-250 to exempt seasonal markets operated from temporary shelters and selling the operator’s products from the food and lodging facility sanitation regulations. Makes a conforming change to the bill title.
Amendment #4 enacts new GS 95-4.1, requiring the Department of Labor to provide at least 72 hours’ notice before auditing or inspecting a business or individual, unless otherwise directed by federal law. Makes a conforming change to the bill title.
Amendment #5 adds a section amending GS 143B-437.013(a) to clarify that a port enhancement zone must be comprised of part or all of one or more contiguous census tracts, census block groups, or both, among other requirements. Effective in tax years beginning on or after January 1, 2013. Makes a conforming change to the bill title.
Summary date: May 30 2012 - More information
House amendment makes the following change to 2nd edition.
Adds a section amending GS 150B-33(b)(11) to clarify that an administrative law judge may assess attorneys’ and witnesses’ fees against a state agency when the judge finds that the agency substantially prejudiced the petitioner’s rights and acted arbitrarily or capriciously, or as otherwise provided under current law.
Summary date: May 24 2012 - More information
Senate committee substitute makes the following changes to 1st edition.
Amends proposed subsection (h) in GS 150B-19.1 (rule-making requirements for agencies) to clarify the different requirements for agencies in the Governor’s Cabinet and for Council of State agencies, when the agency submits a proposed rule change. Deletes proposed GS 143B-10.1, which required agencies auditing businesses or individuals to first provide notice, and instead directs each state agency to submit a report of the audit and the amount of notice required to the Joint Legislative Administrative Procedure Oversight Committee by October 31, 2012. Makes a conforming change to the bill title.
Summary date: May 17 2012 - More information
Repeals Section 1.3 of SL 2011-91, which eliminated the Joint Legislative Administrative Procedure Oversight Committee. Makes clarifying and conforming changes to several provisions of the Administrative Procedure Act. Deletes requirement that the rule-making body must approve a fiscal note for a proposed rule before submission for publication, and modifies the procedure for an agency to post proposed changes on its website.
Amends Section 63 of the 2011 Regulatory Reform Act to provide that specified provisions of that Act become effective in certain contested cases when the US Environmental Protection Agency approvals are issued or on October 1, 2012 (was, June 15, 2012), whichever occurs first. Makes specified provisions of the Act effective, with regard to certain Medicaid contested cases, when the waiver from the single state agency requirement is granted or on February 1, 2013, whichever occurs first.
Amends GS 116B-73(a) to reduce the amount of time that a person must maintain records under the Unclaimed Property Act to five (rather than ten) years.
Enacts new GS 143B-10.1 to require state agencies authorized to audit a business or individual to provide at least seven days written notice before conducting the audit.
Repeals certain provisions that required drinking well water testing. Amends GS 87-97(i), permitting the Commission for Public Health to require new well water testing for volatile organic compounds, and directing the Commission to consider certain factors when making a rule to require such testing.
Enacts new GS 143B-279.17 to direct the Department of Environment and Natural Resources (DENR) to track the amount of time required to process all permit applications, and to report annually by March 1 on the permit processing times.
Amends Section 3(b) of SL 2011-39 to postpone to January 1, 2013, the date for public swimming pool owners and operators to comply with wading pool fence requirements.
Directs the Commission on Public Health, by July 1, 2013, to adopt rules allowing applicants for sanitary landfills to select one of two specified permit options. Also directs DENR to review fee schedules for sanitary landfill permits, and report any proposed recommendations to the Environmental Review Commission by December 1, 2012.
Makes other clarifying changes.
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