AN ACT TO PROVIDE FURTHER REGULATORY RELIEF TO THE CITIZENS OF NORTH CAROLINA. SL 2020-74. Enacted July 1, 2020. Effective July 1, 2020, except as otherwise provided.
Bill Summaries: H308 REGULATORY REFORM ACT OF 2020. (NEW)
Summary date: Jul 2 2020 - View SummaryAgriculture, Animals, Business and Commerce, Occupational Licensing, Courts/Judiciary, Civil, Civil Law, Criminal Justice, Corrections (Sentencing/Probation), Criminal Law and Procedure, Development, Land Use and Housing, Building and Construction, Land Use, Planning and Zoning, Education, Higher Education, Employment and Retirement, Environment, Energy, Environment/Natural Resources, Government, Public Safety and Emergency Management, State Agencies, UNC System, Department of Environmental Quality (formerly DENR), State Government, State Personnel, Local Government, Health and Human Services, Health, Health Care Facilities and Providers, Public Health, Public Enterprises and Utilities
Summary date: Jun 25 2020 - View Summary
Conference report makes the following changes to the 5th edition.
Amends Section 11.8 of SL 2016-94 by prohibiting funds appropriated by the NCGA for use by the NC Policy Collaboratory from begin used for indirect overhead costs (was, institutions receiving research funding from the Collaboratory were prohibited from charging for indirect overhead costs against any research funds received by the Collaboratory).
Adds the following new provisions.
Changes the annual reporting deadline for permitted mine reclamation operators under GS 74-55, from July 1 to September 1. Clarifies that the annual operating fee is also due September 1. Makes conforming changes.
Changes the annual reporting deadline for the Department of Environmental Quality (DEQ) to report on the status of solid waste management efforts, as set out in GS 130A-309.06, from January 15 to April 15. Adds to the report's required content the use of funds for Superfund cleanups and inactive hazardous site cleanups. Changes the date by which DEQ must annually report to legislators on solid waste management pursuant to GS 130A-310.10 from October 1 to April 15. Makes conforming changes to specified GS Chapter 130A statutes and Section 15.6 of SL 1999-237.
Amends Section 14.22 of SL 2013-360 to require DEQ to include the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources among those to whom it reports regarding use of funds provided to the US Army Corps of Engineers under the Long Term Dredging Memorandum of Agreement. No longer includes reporting to the Joint Legislative Commission on Governmental Operations.
Amends GS 130A-4 to require the Secretary of Environmental Quality to enforce the rules adopted by the Environmental Management Commission pursuant to Articles 9 and 10, concerning solid waste management and drinking water, in addition to those adopted by the Public Health Commission.
Amends GS 130A-22 to require the Environmental Management Commission to adopt rules concerning the imposition of administrative penalties that are under the authority of the Secretary of Environmental Quality.
Corrects a statutory reference in GS 130A-295.6, regarding sanitary landfills.
Changes the annual reporting requirement of the Roanoke River Basin Bi-State Commission under GS 77-98 to include the annual audit required by GS 77-96. Makes conforming changes to GS 77-96 to align the reporting deadline with that of GS 77-98. Changes the entities reported to now include the specified NCGA committee and division and as provided by the Commonwealth of VA.
Changes the annual reporting requirement of the River Basins Advisory Commission under GS 77-117 to include the annual audit required by GS 77-115. Makes conforming changes to GS 77-115 to align the reporting deadline with that of GS 77-117. Changes the entities reported to to now include the specified NCGA committee and division and as provided by South Carolina.
Amends GS 143-215.1 to expand the powers of the Environmental Management Commission to include issuing permits, certification, authorizations, or other approvals by electronic delivery, registered or certified mail, or any other means authorized by Rule 4 of the NC Rules of Civil Procedure.
Expands GS 136-27.1 to include organized private water or sewer utilities serving 10,000 or fewer customers to those entitled to nonbetterment costs from the Department of Transportation for the relocation of water and sewer lines for a State transportation improvement project. Effective March 1, 2020, and applies to nonbetterment costs incurred on or after that date. Directs the Department to reimburse such costs incurred by qualifying organized private or sewer utilities after March 1, 2020.
Directs the Environmental Management Commission to implement the UST Spill Bucket General Requirement Rule (15A NCAC 02N .0901) to allow spill buckets replaced on tanks prior to November 1, 2007, to use mechanical liquid detecting sensors for leak detection so long as specified regulations and statutory requirements are met. Requires the Commission to adopt a permanent rule consistent with this directive. Applies to spill buckets replaced on or after August 1, 2020.
Stays the following rules adopted by the Building Code Council on March 10, 2020: 1102.7 (2018 NC Plumbing Code/Fittings), 1102.2 (2018 NC Plumbing Code/Inside Storm Drainage Conductors), 702.4 (2018 NC Plumbing Code/Fittings), and 702.1 (2018 NC Plumbing Code/Above-Ground Sanitary Drainage and Vent Pipe).
Amends GS 143B-68 to allow a dean, department chair, program director, or equivalent of a State or regionally accredited graduate school of librarianship in North Carolina to serve on the Public Librarian Certification Commission (was, limited to the dean).
Amends GS 143B-91 to allow, rather than mandate, advisory committees established by the Public Librarian Certification Commission to advise the Secretary of Natural and Cultural Resources, the Commission, and the State Librarian. No longer refers to standing committees. Requires committees to have at leastmfour persons appointed by the committee chair, rather than at least six persons appointed by the Secretary of Natural and Cultural Resources.
Repeals GS 125-11.13, which requires certain governmental publications to be printed on acid-free paper.
Amends GS 160D-903, regarding bona fide farms exempt from local zoning regulations. Current law classifies a building or structure used for agritourism as a bona fide farm if certain requirements are met. Amends the definition provided for agritourism to include farms and ranches that allow member hunting, fishing, and equestrian activities. Corrects a statutory cross-reference.
Amends GS 153A-145.8 and GS 160A-203.2 to reference the definitions set forth in GS 160D-903, as amended.
Amends GS 113-333 to require the Wildlife Resources Commission (Commission) to develop a conservation plan for the recovery of protected wild animal species as expeditiously as possible (was, using the procedures set out in Article 2A of GS Chapter 150B). Requires the draft plan to be published on the Commission's website and requires the consideration of public comment in developing and updating the species conservation plans. Removes the requirements that the conservation plan include an analysis that considers (1) the costs of measures to protect and restore the species and the impact of those measures on the local economy, units of local government, and the use and development of private property; and (2) reasonably available options for minimizing the cost and adverse economic impacts of measures to protect and restore the species.
Amends GS 113-336 to give the North Carolina Nongame Wildlife Advisory Committee the power to assist the Commission in developing conservation plans for the recovery of protected wild animal species.
Amends GS 78A-45 and GS 78C-26 to establish state policy rendering an investor's financial information confidential and unavailable for inspection or examination by the public.
Amends GS 78A-50 and GS 78C-31 to specify that any records obtained by the Securities Administrator (Administrator) in connection with specified examinations, investigations, or actions, are not public record, unless the Administrator discloses for purposes of a civil, administrative, or criminal investigation, action, or proceeding or to a securities regulator, or local governmental law enforcement agency, to effectuate greater uniformity in securities matters. Adds that records voluntarily provided, but not required, to the Administrator on condition of nondisclosure are not public record.
Amends GS 97-133 to deem an individual self-insurer and a group self-insurer a member of the Association Aggregate Security System upon licensure, and require payment of the initial assessment over a determined period.
Amends GS 116-40.5 to allow teaching hospitals with an established a campus law enforcement agency to assign its campus police officers to any other facility within the teaching hospital's system network, with officers having the same authority and jurisdiction of the assigned facility, but not upon any public road or highway passing through or immediately adjoining the facility.
Amends GS 14-258.1 to allow local confinement facilities to provide inmates with and for inmates to possess mobile phones or other wireless communications devices, subject to approval by the sheriff or other person in charge of the facility. Applies to offenses committed on or after August 1, 2020. Provides that prosecutions for offenses committed before the effective date are not abated or affected by this section, and the statutes that would be applicable but for this section remain applicable to those prosecutions.
Amends GS 10B-10, GS 10B-25, and GS 10B-200, as amended by SL 2020-3, extending the sunset from August 1, 2020, to March 1, 2021, regarding the authorized delay in newly commissioned notaries' requirement to take the oath of office before the register of deeds, authorizing remote video notarization, and regulating remote video witnessing.
Amends GS 83A-13 to exempt from architectural license for the preparation, sale, or furnishing of plans, specifications, and related data, or for the supervision of construction under such, of an institutional or commercial building that does not have a total value exceeding $200,000 (was, $90,000) or the total building area does not exceed 3,000 (was, 2,500) square feet in gross floor area. Makes changes to exempt from the requirement for a professional architectural seal a commercial building project with a total value less than $200,000 and a total project area less than 3,000 square feet.
Amends GS 83A-2, making technical changes regarding the member appointments to the NC Board of Architecture (Board) to delete obsolete language. Additionally, requires public notice of the Board's annual meeting to be published for at least two weeks on the Board's website, rather than published at least once each week for two weeks in one or more newspapers in general circulation in the state.
Amends GS 83A-5 to require the Board to maintain and publish a roster of all architects and architectural firms holding current licenses from the Board, with copies filed with the Secretary of State and the Attorney General only (was, published at least once a year with copies also filed with other applicable State or local agencies and upon request, distributed or sold to the public). Now authorizes the Board to make the roster available on the Board's website.
Amends GS 83A-7. Modifies the qualifications for application for examination (rather than qualifications for registration) as a duly licensed architect, now requiring practical training and experience as specified by Board rules (previously, specified at least three years of such experience), and the successful completion of an accredited master or bachelor degree in architecture as specified by Board rules (previously, generally required professional education). Maintains the requirement for successful completion of a licensure examination in architecture. Concerning licensing by reciprocity, requires an individual to hold a certified record (was, a certificate of qualification) issued by the National Council of Architectural Registration Board (NCARB) in addition to holding a current architect license from another state or territory. Specifies that the Board's authority to waive the NCARB certified record requirement is in the Board's discretion.
Amends GS 83A-11 to specify that license renewal applications be transmitted, rather than mailed, as previously specified.
Amends GS 117-28.1(a), authorizing easements owned or used by electric membership corporations to be used to supply high-speed broadband in addition to electricification. Specifies that the subsection does not have any affect on any obligation of the corporation or its wholly owned subsidiary to comply with any applicable requirements related to notice, safety, or permitting when constructing or maintaining lines or broadband fiber on, over, under, or across property owned or operated by a railroad company.
Amends GS 160D-1106, regarding city approval of component and element design proposals, to clarify that the requirement for the submission to be completed under the valid seal of a licensed architect or licensed professional engineer only applies when required by the State Building Code.
Amends the act's titles.Agriculture, Animals, Business and Commerce, Occupational Licensing, Courts/Judiciary, Civil, Civil Law, Criminal Justice, Corrections (Sentencing/Probation), Criminal Law and Procedure, Development, Land Use and Housing, Building and Construction, Land Use, Planning and Zoning, Education, Higher Education, Employment and Retirement, Environment, Energy, Environment/Natural Resources, Government, Public Safety and Emergency Management, State Agencies, UNC System, Department of Environmental Quality (formerly DENR), State Government, State Personnel, Local Government, Health and Human Services, Health, Health Care Facilities and Providers, Public Health, Public Enterprises and Utilities
Summary date: Jun 22 2020 - View Summary
Senate amendment makes the following changes to the 4th edition.
Amends Section 4.23 of SL 2020-3 (2020 COVID-19 Recovery Act), which (1) institutes a one-month separation requirement for retirement to become effective for retirees of the Teachers’ and State Employees’ Retirement System (TSERS) for individuals that retired on or after October 1, 2019, but before April 1, 2020; (2) sets forth further provisions applicable upon the expiration of the temporary changes to TSERS, including that for eligible retirees during the identified period, any time worked between March 10, 2020, and the time the changes expire is not considered work for purposes of the separation requirement; (3) provides that any earnings received between March 10, 2020, and time the changes expire are not earnings by a TSERS beneficiary law or earnings by a beneficiary of the Local Government Employees Retirement System under state law; and (4) provides that any benefits received by or paid to a law enforcement officer or retired law enforcement officer for separation allowances under Article 12D of GS Chapter 143 cannot be impacted by any work performed between March 10, 2020, and the time the changes expire. Changes the date for expiration of the Section's provisions from August 1, 2020, to August 31, 2020.
Makes conforming changes.Development, Land Use and Housing, Employment and Retirement, Environment, Government, Public Safety and Emergency Management, State Agencies, UNC System, Department of Environmental Quality (formerly DENR), State Government, State Personnel, Local Government, Health and Human Services, Health, Public Health
Summary date: Jun 18 2020 - View Summary
Senate committee substitute makes the following changes to the 3rd edition.
Adds new Section 1A, amending GS 90A-75 to add a new subdivision (c)(6) to authorize the North Carolina On-Site Wastewater Contractors and Inspectors Certification Board to adopt a rule establishing a fee of up to $300 for applications for authorized on-site wastewater evaluators.
Deletes the provisions of previous Section 4, which amended GS 162A-203 to prohibit a local government from charging the State or another political subdivision a system development fee. Renumbers remaining sections of the bill accordingly.
Adds new Section 7(c) to amend the expiration date of Section 34.37(b) of SL 2017-57 to expire on June 30, 2031 (was 2021). Section 34.37 amends GS 20-85 to credit an additional 20 cents of the fees collected under specified provisions of the statute to the Mercury Pollution Prevention Fund.
Summary date: Jun 17 2020 - View Summary
Senate committee substitute to the 2nd edition makes the following changes.
Changes the act’s long and short titles.
Deletes the content of the previous edition and replaces it with the following.
Amends GS 90A-74 to expand the powers and duties of the North Carolina Wastewater Contractors and Inspectors Certification Board to allow the board to hold real property, subject to the approval of the Governor and Council of State.
Amends GS 113A-119(a) to allow electronic payments for development permits in areas of environmental concern under the Coastal Management Act of 1974.
Amends GS 130A-303 to add a new subsection (c) authorizing the Secretary of the Department of Environmental Quality to implement emergency measures and procedures necessary for the proper management of solid waste generated during a declared emergency. Requires written notice to be provided to the media and other affected organizations and parties. Provides for expiration of emergency measures and procedures no more than 60 days after the state of emergency has ended.
Amends GS 162A-203 to prohibit local governments from charging the State or a political subdivision a system development fee pursuant to Article 8 of Chapter 162A. Prohibition becomes effective upon enactment and any local ordinances inconsistent with it are void and unenforceable. Requires local governments to reimburse any system development fees paid by the State or a political subdivision between October 1, 2017, and July 1, 2020 upon request.
Amends Sec. 2.1 of SL 2019-224, which appropriated funding to the Wildlife Resources Commission to address abandoned and derelict vessels. Requires the Commission to comply with specific notice requirements before removing and disposing of a vessel and revise the definition of abandoned and derelict vessel.
Revises the allocation of funds for the Lindsey Bridge dam repair and stream restoration project originally in Section 36.3(a) of SL 2018-5. Revision provides that the funding will be reallocated to provide a directed grant to the Town of Madison. Includes definitions and imposes requirements on the expenditure of funds pursuant to the directed grant. Expires on June 30, 2021.
Extends the expiration date for GS Chapter 130A, Article 9, Part 6, which governs removal of mercury switches in light fixtures in vehicles, from June 30, 2021 to June 30, 2031. Provides that any funds remaining in the Mercury Pollution Prevention Fund on that date shall be transferred to the Division of Waste Management. Makes conforming changes. Effective June 30, 2020.
Extends by six months several research reporting deadlines applicable to the North Carolina Policy Collaboratory (Collaboratory). Amends Section 11.8 of SL 2016-94, which provides funding to initially establish the Collaboratory, to expand the authority of the Collaboratory to allow it to fund research by institutions outside the University of North Carolina system. Prohibits institutions receiving funding from the Collaboratory to charge for indirect costs.
Summary date: Mar 28 2019 - View Summary
House committee substitute to the 1st edition modifies the proposed changes to GS 136-129 to exempt specified outdoor advertising promoting a bona fide farm from the prohibition on outdoor advertising within 660 feet of the right-of-way of the interstate or primary highway system. Expands the proposed exemption to include outdoor advertising promoting a bona fide farm exempt from either county or city zoning regulations, rather than only county zoning regulations. Additionally, now requires the sign to be located on any bona fide farm property owned or leased by the owner or lessee of the bona fide farm (previously limited the location to the bona fide farm property).
Summary date: Mar 7 2019 - View Summary
Amends GS 136-129 to exempt specified outdoor advertising promoting a bona fide farm from the prohibition on outdoor advertising within 660 feet of the right-of-way of the interstate or primary highway system. In order to be exempt, the outdoor advertising must promote a bona fide farm that is exempt from specified zoning regulations if the sign is more than three feet long on any side and it is located on the bona fide farm property (this replaces the exemption that applied to advertisements for the sale of any fruit or vegetable crop by the grower at a roadside stand or by having the purchaser pick the crop on the property if the sign met specified requirements).