Bill Summaries: S 582 NORTH CAROLINA FARM ACT OF 2023.

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  • Summary date: Jun 27 2023 - View Summary

    AN ACT TO MAKE VARIOUS CHANGES TO THE AGRICULTURAL AND WASTEWATER LAWS OF THIS STATE. SL 2023-63. Enacted June 27, 2023. Effective June 27, 2023, except as otherwise provided.


  • Summary date: Jun 26 2023 - View Summary

    The Governor vetoed the act on June 23, 2023. The Governor's objections and veto message are available here: https://webservices.ncleg.gov/ViewBillDocument/2023/6479/0/S582-BILL-NBC-11017.


  • Summary date: Jun 6 2023 - View Summary

    House committee substitute makes the following changes to the 5th edition.

    Enacts new Article 68B (Grade “A” Dairy Assessment Act) to GS Chapter 106.

    Sets forth the Article's purpose and defined terms. Authorizes the NC Dairy Producers Association (Association) to conduct a referendum on whether to levy an assessment, with every dairy producer eligible to vote. Defines dairy producer as a State resident who produces Grade “A” milk, as defined, for commercial sale and holds a Grade “A” milk permit from the Department (the NC Department of Agriculture and Consumer Services). Sets ballot requirements for proposed assessments and caps the amount at five cents for each hundredweight of Grade "A" milk produced by a dairy producer. Provides the Association discretion to set the assessment at an amount lower than that approved with annual increases as specified. Requires the Association to determine the amount of the assessment, the time and place of the referendum, and referendum procedures. Requires voter eligibility disputes to be determined by the Association. Requires the Association to provide reasonable notice of a referendum. 

    Sets limitations and procedures for assessment payment and collection. Prohibits collection unless more than half of the votes cast in the referendum are in favor of the assessment, whereby the Association must notify the Department of Agriculture and Consumer Services (DACS) of the assessment amount and effective date, and DACS must notify dairy producers. Provides for payment on each hundredweight of Grade "A" milk produced in the State and sold commercially by either (1) milk handlers and dairy cooperatives deducting the amount from the proceeds of sales and monthly remitting the collection to DACS or (2) dairy producers paying the assessment. Sets a 5% penalty on dairy producers for assessments of the previous year's sales unpaid by January 20, plus 1% of the unpaid assessment for each month after that date the assessment remains unpaid. Authorizes the Association to conduct inspections and audits, with dairy producers responsible for their cost if willful failure to remit assessments is revealed. Provides for the Association to bring a civil action against a dairy producer to collect unpaid assessments, penalties, and reasonable costs for an inspection or audit, with action costs, including attorneys' fees, recoverable if the Association is successful. 

    Directs DACS to quarterly remit collections to the Association to be used to promote interests of the dairy industry, as specified. Provides a procedure for dairy producers to request a refund on grounds that no benefit from the assessment was received. 

    Establishes a petition procedure for dairy producers to submit a petition to DACS that begins with a farmer first requesting a refund form from the Association. Requires the Association to provide any farmer with the form within one week of receiving the request and allows the farmer to submit the request on that form between December 15 and December 31.

    Requires the Association to conduct a referendum within six months of the receipt of a petition to determine whether to continue the assessment. Provides for the assessment's expiration upon either (1) the majority of the votes cast in the referendum being against continuing the assessment or (2) the Association's failure to conduct a referendum within the required six-month period. Adds that if a majority of the votes cast are in favor of the assessment's continuation, then subsequent referendums are barred for three years.

    Amends GS 106-559.1, GS 106-563.1, and GS 106-567.1 to specify that that these statutes refer to assessment referendums for milk products conducted pursuant to the provisions of existing Article 50, GS Chapter 106.

    Amends GS 90A-47.4(b) (renewal fees for animal waste management system operators) as follows. Now imposes deadline for payment of annual renewal fee of December 31. Declares certificates not renewed by deadline to be invalid. Requires payment of the renewal fee and late fee equivalent to twice the annual renewal fee (was, renewal penalty of same amount) to renew the certificate. Requires payment of any penalties assessed since the certificate was last renewed along with completion of any accrued continuing education requirements. If a certificate has been invalid for more than 12 months, then requires the operator to make a passing score on examination for certification.


  • Summary date: May 31 2023 - View Summary

    House committee substitute to the 4th edition makes the following changes.

    Organizes the act's content into Parts. 

    Further amends the definition of agriculture, agricultural, and farming in GS 106-581.1 to provide that when performed on the farm, those terms also include biofuel production for commercial sale.

    Amends GS 20-158 to also make the listed defense to the violation of entering an intersection when the traffic light is red applicable to operators of farm equipment or machinery in addition to motorcycle operators. The elements of the defense include that the intersection is controlled by a vehicle actuated traffic signal using an inductive loop to activate the traffic signal.

    Amends GS 19A-37 by exempting from Article 3, Animal Welfare Act, a boarding kennel as defined in GS 90-181.1 (was, a boarding kennel operating under the supervision of a licensed veterinarian). Amends the definition of boarding kennel in GS 90-181.1 so that it is now a facility operating under a veterinary facility permit (was, a facility or establishment under the supervision of a veterinarian) and which regularly offers to the public the service of boarding dogs or cats or both for a fee. Makes conforming changes to the provision requiring the adoption of rules. Amends GS 90-186 by specifying that the $75 boarding kennel permit fee is to be added to the veterinary facility permit fee. 

    Deletes proposed changes to GS 14-399. Amends proposed GS 14-399.3, duty to stop in event of certain spills from vehicles, by excluding livestock or poultry excreta generated by live animals being transported on the vehicle, and feathers from live birds being transported on the vehicle. 

    Amends GS 106-65.105D to increase from a Class 1 misdemeanor to a Class A1 misdemeanor the punishment for a person who willfully resists, opposes, impedes, intimidates, or interferes with any duly authorized agent while engaged in or on account of the performance of the duly authorized agent's official duties under Article 4H, Bedding, when a deadly weapon is used in the commission of the act. Also amends GS 106-549.34 by increasing the punishment from a Class 1 to Class A1 misdemeanor when a person willfully assaults, resists, opposes, impedes, intimidates, or interferes with any person while engaged in or on account of the performance of their official duties under Article 49C (Federal and State Cooperation as to Meat Inspection; Implementation of Inspection) or Article 48B (Meat Inspection Requirements; Adulteration and Misbranding) when a deadly weapon is used in the commission of the act. Applies to offenses committed on or after December 1, 2023.

    Amends GS 106-22 to require the Commissioner of Agriculture, by and with the consent and advice of the Board of Agriculture, to (1) adopt rules and make policies related to markets operated by the Department of Agriculture and Consumer Services (DACS), and provides that specified rules remain in full force and effect unless repealed or amended by the Commissioner and (2) set reasonable fees for calibration services and adjustments performed by the Metrology Laboratory Section of the Standards Division.

    Amends GS 136-129 by correcting a cross-reference. 

    Enacts GS 103-17, which includes findings and designates the second Wednesday in November as North Carolina Farms Appreciation Day, beginning in 2024. Designates the North Carolina Grange the lead organization for the recognition of North Carolina Farmers Appreciation Day and requires the development of a plan, in consultation with specified entities, to raise awareness of and promote the first annual Appreciation Day. Requires the North Carolina Grange to report on the plan to the specified NCGA committee by June 30, 2024.

    Amends proposed new GS 15A-300.4 (use of unmanned aircraft system near a forest fire prohibited) by amending the listed exceptions to only require a person operating an unmanned aircraft system to have the consent (was, written consent) of the official in charge of managing the forest fire.

    Amends GS 106-899 to clarify that during a drought, the Commissioner of Agriculture or his or her designee may establish a fire patrol in any district. Requires in the case of fire in or threatening any forest or woodland, the forest ranger or deputy ranger must attend forthwith and use all necessary means to confine and extinguish the fire.

    Deletes proposed changes to GS 87-98.4 which allowed an employee to drill an irrigation well on the property of the business without a well contractor certification. Amends GS 87-98.6 by exempting from the exam requirement a person who is 70 or older who (1) has engaged in well contactor activity for more than 20 years, (2) has no record of having committed any violations of the relevant rules and laws in the previous 10 years, and (3) meets all other requirements for certification. 

    Amends GS 90A-47.4 by increasing the fee for certification as an animal waste management system operator from $25 to $85. Increases the certificate renewal fee from $10 to $25. No longer requires a certificate holder who fails to pay the renewal fee within 30 days of expiration to pass the certification exam and instead requires paying the renewal fee and a late fee equal to twice the annual renewal fee. Effective July 1, 2023.

    Amends the definition of farm digester system in GS 143-213 so that it includes all animal waste management (was, manure management) equipment. Requires the gases collected by the system to be used as a renewable energy resource as quickly as feasible, but within six months of the collection of the gases, and during that period the gas must be flared instead of vented.

    Requires the Environmental Management Commission and DEQ to modify the Aquaculture Permit (the specified NPDS permit for discharges from seafood packing and rinsing, aquatic animal operations, and similarly designated wastewater that took effect on December 1, 2021) to be substantively identical to the Prior Aquaculture Permit (the specified NPDS permit for those same discharges that expired on March 30, 2021). Requires the Aquaculture Permit to be reopened and modified as described above no later than 180 days after the effective date of this act. 

    Amends GS 130A-343 to no longer prohibit the Commission for Public Health from including more restrictive conditions and limitations established in the approval of a wastewater system as Accepted that are not included in the approval of the wastewater system as Innovative or as otherwise approved by rule.


  • Summary date: Apr 27 2023 - View Summary

    Senate amendment to the 3rd edition makes the following changes. Deletes proposed changes to GS 106-1006 (which would have established a forestry services and advice fund to improve forestry services in the State). Amends GS 87-98.4 (well contractor certification and exemptions) by adding an additional exemption to certification requirement for an employee of a business who constructs, repairs, or abandons a well for the purpose of irrigation that is located on land owned or leased by the business.


  • Summary date: Apr 25 2023 - View Summary

    Senate committee substitute to the 2nd edition makes the following changes.

    Deletes proposed amendment to GS 106-581.1(8), which would have defined facilities engaged in certain types of practices related to turkey brood litter as agriculture.  Instead, amends GS 160D-903(a) (concerning agricultural uses of land) to specify that under that statute a facility that receives used turkey brooder litter from brooder farms and recycles the used litter by means of a drying process to reduce the moisture content of the litter sufficient to send the recycled litter to a turkey grow-out farm for reuse is a bona fide farm purpose.

    Makes technical change to GS 106-2.

    Specifies that changes to GS 106-164.13E (certain sales and use tax exemptions for farmers for compost) are effective October 1, 2023.

    Amends GS 105-581.1(2) (the planting and production of trees in the definition of agriculture for purposes of agricultural development) to include pine orchards planted and maintained for the purpose of harvesting pine needles for sale, or the harvesting of pine needles for sale from land with a forest management plan. 

    Narrows the scope of the Animal Welfare Act (GS 19A-37) to also exclude a boarding kennel operating under the supervision of a veterinarian licensed under State law. Adds defined term boarding kennel to the Animal Welfare Act’s definitions and makes technical changes. Amends GS 90-186(2), pertaining to the special powers of the Board of Veterinary Medicine (BVM) to allow it to inspect any boarding kennels for violations pertaining to the operation of a boarding kennel, in addition to other special inspections authorized. Allows the BVM to issue a boarding kennel permit in the amount of $75. Clarifies that Article 11 to GS Chapter 90 (licensure of veterinarians) should not be construed to prohibit any person licensed to operate a boarding kennel under State law from doing so. Requires the BVM to adopt rules to establish minimum standards for boarding kennels operating under the supervision of a veterinarian no later than July 1, 2024. Requires the standards to be at least as stringent as those adopted by the Board of Agriculture for boarding kennels under the Animal Welfare Act. Effective 60 days after the rules described above become effective.

    Amends GS 143-215.6A (enforcement procedures pertaining to water and air resources) to specify that a civil penalty issued by the Secretary of Environmental Quality for the removal of timber in a riparian buffer in violation of rules applicable to that riparian buffer cannot exceed the value of the timber removed from the riparian buffer. Effective July 1, 2023, and applies to acts committed on or after that date.

    Amends the requirements for implementation of 15A NCAC 18E .0905, the Prefabricated Permeable Block Panel Systems Rule, as follows. Deletes the caps to the long term acceptance rate for prefabricated permeable block panel systems at 0.8 gallons per day per square foot and the authorization to use prefabricated permeable block panel systems in high strength wastewater systems or other system designs. Deletes prohibitions on using prefabricated permeable block panel systems where effluent contains high amounts of grease and oil, such as a restaurant. 

    Amends GS 130A-343(h), regarding designation of an Innovative wastewater dispersal system or other approved trench dispersal system as an Accepted wastewater system, to prohibit the Commission for Public Health from including more restrictive conditions and limitations established in the approval of a wastewater system as Accepted that are not included in the approval of the wastewater system as an Innovative wastewater dispersal system or otherwise approved by rule (prior version did not allow for approval by rule).

    Makes organizational changes.


  • Summary date: Apr 19 2023 - View Summary

    Senate committee substitute to the 1st edition makes the following changes.

    Amends definition of agriculture, agricultural and farming as set forth in GS 106-581.1 to also include a facility that receives used turkey brooder litter from brooder farms and recycles the used litter by means of a drying process to reduce the moisture content of the litter sufficient to return the recycled litter to the brooder farm for use with a new flock of turkey brooders. Amends GS 106-586.3 (actions of the Board of Agriculture), GS 106-568.4 (referendums), GS 106-568.7 (ballots), GS 106-568.8 (collections and dispositions of assessments) to change “NC Tobacco Foundation, Inc.” to “NC Agricultural Foundation, Inc.” and makes language gender neutral in GS 106-586.3. 

    Amends GS 106-2 (membership of the Board of Agriculture [Board]) to add the qualification that one member must be actively involved in the equine industry to represent the equine industry of the State. Amends the sales and use tax exemption for farmers (GS 105-164.13E) to exempt compost from sales and use tax.

    Amends GS 99E-3 (warning signs for certain equine activities), GS 99E-8 (warning signs for certain farm animal activities), and GS 99E-32 (warning signs for agritourism) to require that the warning signs be a minimum of three quarters of one inch in height (currently, one inch).

    Amends the definition of litter under GS 14-399 (littering) to include animal waste, animal parts, and animal byproducts. Enacts new GS 14-399.3 (duty to stop in event of certain spills from vehicles) requiring a driver of any vehicle who knows or reasonably should know that animal waste, dead animals, or animal parts or byproducts have been blown, scattered, spilled, thrown, or placed from the vehicle to immediately stop his or her vehicle at the scene of the incident. Requires the driver to remain with the vehicle at the scene of the incident until a law enforcement officer completes the investigation of the incident or authorizes the driver to leave and the vehicle to be removed, unless remaining at the scene places the driver or others at significant risk of injury. Permits the driver to temporarily leave for specified reasons. Willful violations are a Class 3 misdemeanor and permits the court to order restitution for the cost of removing the materials that were blown, scattered, thrown, spilled, or placed from the vehicle. Effective December 1, 2023, and applies to offenses committed on or after that date.

    Amends GS 115C-12 (State Board of Education), GS 115C-264.5 (local boards of education), GS 115C-218.75 (charter schools), GS 115C-238.66 (regional schools), GS 116-239.8(b)(4) (laboratory schools), GS 115D-20 (State Board of Community Colleges), and GS 116-43.25 (UNC system) to have each entity strive to ensure that muscadine grape juice is available as a beverage option either in the school nutrition program (elementary/secondary schools) and/or in vending facilities (all schools) (was, had to ensure the muscadine grape juice was available). 

    Amends GS 106-967 (immunity from liability from prescribed burning) to clarify that such immunity does not extend to claims by public utilities (i.e., an electric power supplier, gas operator, or business providing telecommunications taxed under GS 105-164.4) resulting from damage to their equipment or facilities, where a prescribed burn proximately causes such damage.

    Amends provision requiring the Environmental Management Commission to implement 15A NCAC 02B .0202, the Wetlands Definition Rule, by restricting wetlands classified as waters of the State to waters of the United States as defined by specified federal law to further specify that wetlands do not include prior converted cropland as defined in the National Food Security Act Manual, Fifth Edition, which is incorporated into the act by reference, not including subsequent amendments and editions.

    Makes organizational changes.


  • Summary date: Apr 6 2023 - View Summary

    Section 1

    Amends GS 105-277.3, which defines three classes of property (agricultural land, horticultural land, and forestland) eligible for taxation on the basis of the value of the property in its present use under GS 105-277.4. Amends the income requirement of the class of property defined as agricultural land, which requires the land to have produced an average gross income of at least $1,000 for the preceding three years to claim the benefit, to no longer exclude honey sales from the computation of gross income from agricultural land (currently includes income from the sale of products derived from beehives other than honey). Effective for taxable years beginning on or after July 1, 2023.

    Section 2

    Amends GS 136-32, which bars placing commercial or political advertising signs on highways, traffic signs or signals. Authorizes placement of farm signs in the right-of-way of the State highway system during a farm's seasonal operation, provided placement complies with the statute's existing limitations established for permitted political signs, including requiring the person to obtain the property owner's permission for placement and regulating the signs' placement and size. Defines farm as any property that is used for a bona fide farm purpose under GS Chapter 106-581.1. Defines farm sign as a sign that advertises a farm, products grown, raised, or produced on a farm, or services provided on a farm, or that provides customers with directions to a farm. Makes conforming changes. Requires removal by the end of the farm's season. Authorizes removal of signs remaining more than 30 days after the end of the farm's seasonal operation, without penalty. 

    Section 3

    Amends GS 20-4.01 to exclude from the definition of property-hauling vehicles, applicable to the motor vehicles laws of GS Chapter 20, a fifth-wheel trailer, recreational vehicle, semitrailer, or trailer used exclusively or primarily to transport vehicles in connection with motorsports competition events.

    Section 4

    Enacts GS 90-187.17, pertaining to inspections conducted by the Veterinary Medical Board (Board), requiring the Board to provide one weeks' written notice of any upcoming inspection to the veterinarian along with a checklist of all standards for which the Board may issue a violation and the conditions that would constitute a violation. Permits electronic notice. Allows for rescheduling at the request of the veterinarian for no later than one week after the originally scheduled date of inspection. Effective October 1, 2023. 

    Section 5

    Amends GS 115C-12 to require the State Board of Education to ensure 100% muscadine grape juice (muscadine grape juice) is available in schools for students with visual and hearing impairments operated under Article 9C of GS Chapter 115 as part of the school's nutrition program or through the school's vending facilities. Enacts GS 115C-264.5, GS 115C-218.75(k), GS 115C-238.66(19), and GS 116-239.8(b)(4)c. to charge local boards of education, charter schools, regional schools, and laboratory schools with the same duty to ensure muscadine grape juice is available to students as part of the school's nutrition program or through the school's vending facilities. Applies beginning with the 2023-24 school year. 

    Similarly, amends GS 115D-20 to require the State Board of Community Colleges to make available muscadine grape juice as a beverage option in the operation of the community college's vending facilities. Enacts GS 116-43.25 to require UNC constituent institutions to make muscadine grape juice available as a beverage option in the operation of the institution's vending facilities. Applies beginning with the 2023-24 academic year.

    Section 6

    States legislative findings. Authorizes the Department of Natural and Cultural Resources (DNCR) to add the Equine State Trail in Chatham, Cumberland, Harnett, Hoke, Lee, Montgomery, Moore, and Richmond Counties to the State Parks System as a State Trail pursuant to State law. Directs DNCR to support and facilitate the establishment of trail segments on State park lands and lands of other federal, State, local, and private landowners. Provides for governing law of property controlled by other agencies or owners other than DNCR's Division of Parks and Recreation. Exempts the described authority from the requirements of GS 143B-135.54(b), pertaining to adequate appropriations required for land acquisitions, development, and operations. Authorizes the State to receive land donations and purchased other needed lands with existing funds in four specified State Funds and through other available sources of funding. 

    Section 7

    States legislative findings. Amends GS 145-18(a) to replace the Scuppernong grape as the official State fruit with the Muscadine grape.

    Section 8

    Amends GS 145-3 to designate the longleaf pine as the emblem representing the trees of North Carolina.

    Section 9

    Amends GS 106-966, modifying the definition of prescribed burning applicable to the Prescribed Burning Act, now defining the term to mean the planned and controlled application of fire to vegetative fuels under specified weather and environmental and other conditions (was, to naturally occurring vegetative fuels under safe weather and safe environmental and other conditions), while following appropriate precautionary measure to confine the fire to a predetermined area and accomplish the intended management objectives. Now defines prescription to require the written plan to establish the conditions and methods for conducting a prescribed burn, in addition to requiring the plan to be prepared by a certified prescribed burner.

    Amends GS 106-967, revising the immunity granted to landowners and their agents under the Prescribed Burning Act. Expands civil immunity granted to landowners and their agents who conduct a prescribed burning in compliance with state law from any damage or injury cause by fire, including reignition of a smoldering, previously contained burn, in addition to immunity granted for any damage or injury resulting from smoke. Limits civil immunity granted when a nuisance or damage results from gross negligence (was, negligently or improperly conducting prescribed burning).

    Amends GS 106-968 to specify that the certified prescribed burner must prepare the prescription, provide the prescription to the landowner (previously, required to provide a copy to the landowner), and file the certified prescription with the Forest Service and DACS prior to conducting a prescribed burning. Requires the landowner and the certified prescribed burner on site to retain a copy of the certified prescription throughout the prescribed burning (previously, only the responsible burner was responsible for possessing a copy). Regarding the required content of the prescription, now requires the summary of the adequate methods for particular circumstances to be used to start, control, and extinguish the prescribed burning to address firebreaks and sufficient personnel and firefighting equipment to contain the fire within the burn area. Adds that fire spreading outside the authorized burn area on the day of the prescribed burn ignition does not constitute conclusive proof of inadequate firebreaks, insufficient personnel, or a lack of firefighting equipment; if the prescribed burn is contained within the authorized burn area during the authorized period, there is a rebuttable presumption that adequate firebreaks, sufficient personnel, and sufficient firefighting equipment were present; and continued smoldering of a prescribed burn resulting in a subsequent wildfire does not in itself constitute evidence of gross negligence, thereby eliminating the limited immunity granted in GS 106-967, as amended. Additionally, now requires the prescription to provide for reasonable notice of the prescribed burning to homes and businesses located adjacent to the burn site (was, nearby homes and businesses). 

    Section 10

    Enacts GS 15A-300.4, making it unlawful for a person, entity, or State agency to use an unmanned aircraft system within either a horizontal or vertical distance of 3,000 feet, calculated as described, from any forest fire within the jurisdiction of the Forest Service. Establishes three exceptions, including persons with written consent from the official in responsible charge of the fire's management, law enforcement acting within the authority described in GS 15A-300.1(c), or Forest Service employees or persons acting at their direction. Sets seven distinct penalties for violations based on the resulting circumstances of the violation, ranging from a Class D felony for violations that proximately cause the death of another person, a Class G felony for violations that interfere with emergency operations and proximately cause damage to real or personal property or matter or thing growing or being on the land, to a Class A1 misdemeanor for violations not specifically covered by the prescribed felony violations. Subjects all violations to a penalty of at least $1,000. Includes defined terms for various resulting injuries described in the statute's penalty provisions. Authorizes law enforcement to seize an unmanned aircraft system and any attached property used in violation of the statute, and subjects the property to forfeiture and disposition pursuant to State law. Provides the procedure for innocent owners or holders of security interest to apply for release of the property. Effective December 1, 2023, and applies to offenses committed on or after that date.

    Section 11

    Amends GS 14-135, which makes larceny of timber a Class G felony. Expands the offense to include: (1) knowingly and willfully aiding, hiring, or counseling an individual to cut down, injure, or remove any timber owned by another person without the consent of the owner of the land or the owner of the timber, or without a lawful easement running with the land; and (2) knowingly and willfully transporting forest products that have been cut down, removed, obtained, or acquired from the property of a landowner without the consent of the owner of the land or the owner of the timber, or without a lawful easement running with the land. Adds to the exceptions given for the offense persons who are electric power suppliers and either believed in good faith that consent of the owner had been obtained prior to aiding, hiring, or counseling the individual to cut down, injure, or remove the timber, or that the cutting down, injuring, or removing of the timber was permitted by a utility easement or was necessary to remove a tree hazard. Makes the previous definition given for "tree hazard" apply to the entire statute. Adds and defines "person" to mean any individual, association, consortium, corporation, partnership, unit of State or local government, or other group, entity, or organization. Effective December 1, 2023, and applies to offenses committed on or after that date.

    Section 12

    Replaces the provisions of GS 106-1003, which requires all monies paid to the DACS Commissioner for forestry services and advice to forestland owners and operators under Article 82 to be deposited to the State treasury to the credit of DACS. Establishes the Forestry Services and Advice Fund within DACS, Forest Service, and requires all such monies for services rendered to be deposited into the Fund. Allows the Fund to also consist of any gifts, bequests, or grants for the benefit of the Fund, but bars crediting General Fund appropriations. Directs DACS to use the Fund to develop, improve, repair, maintain, operate, and otherwise invest in providing forestry services and advice to forestland owners and operators pursuant to Article 82.

    Section 13

    Amends GS 113A-52.01, which defines the scope of the Sedimentation Pollution Control Act, Article 4. Requires waters that have been classified as trout waters by the Environmental Management Commission to have an undisturbed, vegetated buffer zone 25 feet wide where activities on agricultural land, exempt from the Article's requirements under subdivision (a)(1), are prohibited. Authorizes the Sedimentation Control Commission to approve plans that include land-disturbing activity within that buffer when the duration of the disturbance would be temporary and the extent minimal, at the Commission's discretion. Authorizes the Sedimentation Control Commission to take any action reasonably necessary to enforce the requirement. 

    Section 14

    Changes the definition of "farm digester system" in GS 143-213, applicable to Article 21, Water and Air Resources, to specifically include all manure management equipment and lagoon covers of described systems (was, all associated equipment and lagoon covers). Specifies that the term includes systems by which gases are collected and processed from an animal waste management system for the digestion of animal biomass that may be used (was, for use) as a renewable energy resource. 

    Section 15

    Requires the Environmental Management Commission to implement 15A NCAC 02B .0202, the Wetlands Definition Rule, by restricting wetlands classified as waters of the State to waters of the United States as defined by specified federal law. Directs the Environmental Management Commission to adopt a rule amending the Wetlands Definition Rule that is consistent with the described directive.

    Section 16

    Requires the Commission for Public Health to implement 15A NCAC 18E .0905, the Prefabricated Permeable Block Panel Systems Rule, by requiring prefabricated permeable block panel system trenches to be located a minimum of 8 feet on center or three times the trench width. For sand-lined trench systems, bed, or fill systems, prefabricated permeable block panel systems requires using the equivalent trench width of 6 feet to calculate the minimum trench length unless otherwise instructed by the manufacturer on a case-by-case basis. Caps the long term acceptance rate for prefabricated permeable block panel systems at 0.8 gallons per day per square foot. Authorizes using prefabricated permeable block panel systems in high strength wastewater systems or other system designs, but prohibits using prefabricated permeable block panel systems where effluent contains high amounts of grease and oil, such as restaurant. Directs the Public Health Commission to adopt a rule amending the Prefabricated Permeable Block Panel Systems Rule consistent with the described directive. 

    Section 17

    Amends GS 130A-343(h), regarding designation of an Innovative wastewater dispersal system or other approved trench dispersal system as an Accepted wastewater system, to prohibit the Commission for Public Health from including more restrictive conditions and limitations established in the approval of a wastewater system as Accepted that are not included in the approval of the wastewater system as an Innovative wastewater dispersal system. Establishes the following limitations that apply when the Department of Health and Human Services (DHHS) designates a wastewater dispersal system as an Accepted wastewater system: (1) limits the approval to the manufacturer who submitted the petition and received the Accepted status from the Commission for Public Health; and (2) prohibits the Commission, DHHS, or any local health department from conditioning, delaying, or denying the substitution of any Accepted wastewater dispersal system based on location of nitrification lines when all parts of the dispersal field can be installed within the approved initial dispersal field area while complying with all Commission rules. Eliminates authority for DHHS to recommend that the Commission for Public Health designate a nonproprietary wastewater system as an accepted wastewater system without having received a petition from the manufacturer. Enacts a new subsection, prohibiting DHHS or the Commission for Public Health from conditioning, delaying, or denying approval of the use of backfill material in subsurface trench dispersal products based on a non-native backfill requirement without prior approval of the manufacturer. Regarding approvals already issued by DHHS or the Commission for Public Health, requires DHHS or the Commission to reissue the approvals at the request of the manufacturer, without conditions or requirements relating to the use of non-native backfill material. Applies retroactively to any wastewater system approvals issued by the Commission for Public Health or DHHS. 

    Section 18

    Includes a severability clause.