Senate amendments make the following changes to 4th edition, as amended. Amendment #8 amends new GS 160A-340.6(g) by providing that trade secrets remain confidential as provided in GS 132-1.2.
Amendment #9 deletes a provision, added by a previous amendment, that allowed public entities located in certain service areas to receive service from a city or joint agency only after complying with the public bidding procedures of GS 143-129.8.
The Daily Bulletin: 2011-05-02
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The Daily Bulletin: 2011-05-02
Intro. by Avila. |
AN ACT TO CREATE CRIMINAL OFFENSES FOR ACTS THAT CAUSE THE DEATH OR INJURY OF AN UNBORN CHILD OR ARE COMMITTED AGAINST A PREGNANT WOMAN, AND TO PROVIDE THAT THE ACT SHALL BE ENTITLED "THE UNBORN VICTIMS OF VIOLENCE ACT/ETHEN'S LAW." Summarized in Daily Bulletin 3/2/11, 3/23/11, 3/24/11, and 4/11/11. Enacted April 29, 2011. Effective December 1, 2011.
Intro. by Folwell, Hilton, Starnes, Steen. |
Enacts new Article 6B in GS Chapter 62, entitled Independent Energy Efficiency Administrator, to create an independent energy efficiency administrator for the state, NC SAVE$ ENERGY (NC$E), for the administration and use of moneys to support energy efficiency and conservation programs and services in North Carolina. Presents the findings of the General Assembly that North Carolina has significant cost-effective opportunities to acquire energy efficiency savings that can (1) lower residential customers’ energy bills; (2) create and maintain jobs in the residential efficiency sector after the end of the funding provided under the American Recovery and Reinvestment Act of 2009 (ARRA); and (3) reduce the environmental impact of energy production, delivery, and use.
Designates that a minimum percentage of moneys from the NC$E fund be used (1) to contract with programs that address the unmet needs for cost-effective improvements to homes built before 1990; (2) to reduce energy costs for low- and fixed-income families; (3) to provide a public education and outreach program; and (4) to provide loans at a submarket interest rate from a revolving loan fund for homeowners and owners of rental property and multifamily housing that make improvements designed to increase energy efficiency by at least 20% (requires that the owners of rental property and multifamily housing do not increase rental rates for five years for the costs of the improvements).
Designates that a maximum percentage of moneys from the NC$E fund be used (1) for energy efficient projects for buildings owned or operated by local governments, nonprofit hospitals, schools, or other public services; (2) to train the state’s workforce, local chambers of commerce, local governments, and nongovernmental organizations to optimize inclusion of households that would benefit from home weatherization projects; (3) to provide continuing education to building industry professionas required to receive continuing education regarding the benefits of energy efficiency and improving compliance with energy standards under building codes; and (4) to create “green jobs” and to train the state’s workforce in the skills to become employed in the new “green jobs.” Provides that the definitions in GS 62-133.8 apply to proposed Article 6B and provides additional definitions of terms as they apply to the proposed Article.
Establishes an 11-member NC$E Oversight Board (Board) to establish, oversee, monitor, and revise the scope of activities of NC$E and its budget performance targets. Provides for member qualifications, nominations, terms, restrictions, and operational procedures. Prohibits members from receiving financial gain from service, except per diem and necessary travel and subsistence expenses.
Designates NC$E as an entity established under North Carolina law that manages the planning, implementation, delivery, and administration of programs to reduce the electricity and natural gas consumed in the state and to promote the sustainable use of energy. Prohibits NC$E from being affiliated with any of the state’s electric or gas utilities, public or private.
Sets forth duties of the Board, including developing criteria for awarding contracts under GS 62-126.6. Enumerates areas to be taken into consideration in developing the criteria for awarding these contracts. Provides that the Board may contract with any of the following entities to implement an energy efficiency or energy conservation program or a program that promotes sustainable energy use in North Carolina: (1) a state agency; (2) a local government unit; (3) an owner or operator of an institutional building; (4) a commercial business that provides energy efficiency and conservation services; (5) a utility regulated by the Utilities Commission (Commission); (6) a bank, credit union, or other financial institution; (7) a nonprofit corporation or (8) a combination of two or more of the above listed entities. Provides for staff and duties of an Executive Director. Establishes an NC$E Advisory Council and specifies the composition of its membership.
Establishes the NC$E Fund (Fund) as a special revenue fund to consist of money from (1) a public benefits fee collected by the Commission consisting of a surcharge imposed on electric and gas utility ratepayers equal to $.0008 per kilowatt hour on residential customers and 1¢ per therm for residential natural gas customers; (2) appropriations and other state grants, including bond receipts; (3) any other grants, including federal grants or block grants; and (4) any contributions or donations. Provides for priority funding for specific programs. Prohibits more than 7% of the annual Fund balance from being used for administrative and operating expenses of the Board, its staff, and any contract administrator. Prohibits more than 10% of the annual Fund balance from being used to fund programs that provide energy efficiency improvements for institutional buildings, except for funds that are raised specifically for that purpose through grants, appropriations, and federal funding. Prohibits use of more than 8% of the annual balance of NC$E on July 1 of each year to fund programs for public education, workforce training and job creation. Requires that a minimum of 75% of the NC$E Fund on July 1 of each year be used to fund residential efficiency programs, with a strong emphasis on continuing to fund low-wealth weatherization at a level as close as practicable to or above the level of funding received under ARRA. Allows any residential customer to be exempt from the public benefits surcharge if the customer has a state taxable income of less than $30,000 for the preceding tax year. Requires that the Commission review the Fund annually and determine the application of the surcharge under specified guidelines. Allows the Commission to authorize any utility currently operating any energy efficiency program, by motion of the utility or any other interested person, to transfer an energy efficiency program to NC SAVE$ ENERGY if the Commission determines it is in the public interest, which includes eliminating duplication, reducing rates or customer bills, or providing for a more effective program. The Commission may require the utility to provide operating funds for up to three years as part of the transfer.
Requires NC SAVE$ ENERGY to assess strategies and funding mechanisms to weatherize residential units in addition to those households currently served with Weatherization Assistance Program funding. To meet this mandate, homes and rental units within economically distressed local government units must be targeted.
Establishes a NC SAVE$ ENERGY Advisory Council to advise the Board concerning allocations made from the Fund on energy efficiency programs and other issues as required. Provides for the membership of the council.
Requires the Chair of the Board to report to the Joint Legislative Utility Review Commission and the Fiscal Research Division by October 1 of each year, with the initial report due by October 1, 2012. Specifies information to be included in the report. Also requires the Chair of the Board to report, by July 1 of each year, to the Commission on the results of monitoring and verification of energy savings, decreases in demand, and load forecasts to be included by the utilities in their annual integrated resource plan filings, with the initial Board report due by July 1, 2014.
Allows nominations to the Board to be made within 90 days of the effective date of the act, with members appointed and the Board holding its first meeting within 120 days of that effective date.
Effective October 1, 2011. Provides that collection of the public benefits fee commences within 180 days of the effective date.
Intro. by Luebke, Fisher, Harrison, Womble. | GS 62 |
Amends Rule 31.1 to extend the date by which a bill must be received and read on the floor of the House in order to be eligible for consideration during the rest of the session to June 9, 2011 (previously May 12, 2011). Specifies that this rule does not apply to resolutions.
Intro. by T. Moore, LaRoque. | HOUSE RES |
Amends GS 90-270.18(b) by increasing various fees associated with the practice of psychology.
Intro. by M. Alexander. | GS 90 |
Enacts new GS 105-269.7 to allow an individual entitled to an income tax refund to elect to contribute all or part of the refund to one or more of the following departments or to the state General Fund to be used for governmental services, spending, and appropriations: (1) Department of Cultural Resources, (2) Department of Health and Human Services, (3) Department of Public Instruction, (4) Department of Public Safety, (5) General Fund of the State of North Carolina, and (5) University of North Carolina. Requires that an explanation stating that the contributions will be remitted according to the individual’s election and used by the state to provide governmental services be included in the instructions. Provides that the election cannot be revoked upon the filing of the individual’s income tax return for the taxable year. Directs the Secretary of Revenue to transmit all contributions to the State Treasurer, who will then distribute the funds to the named departments or deposit them into the General Fund as indicated on the tax return. Effective for taxable years beginning on or after January 1, 2012.
Intro. by Stevens, Blust, Folwell, Cleveland. | GS 105 |
The Daily Bulletin: 2011-05-02
Senate committee substitute makes the following changes to 1st edition.
Amends proposed GS 42-14.4, requiring a landlord with actual knowledge that a tenant is an attorney to notify the NC State Bar (State Bar) at least 15 days (was, 30 days) before the destruction or discard (was, destruction or sale) of any potentially confidential materials remaining in the premises after the landlord obtains possession. Makes conforming changes as necessary, changing 30 days to 15 days. Defines landlord for the purposes of the statute to mean any owner and any rental management company, rental agency, or any other person having the actual or apparent authority of an agent to perform the duties imposed by Article 1 of GS Chapter 42. Prohibits the landlord from throwing away, selling, or otherwise disposing of potentially confidential materials remaining on the premises during the 15-day period after notice; however, permits the landlord to move the material for storage purposes. Provides that if neither the State Bar nor its designee takes possession of the materials within the 15-day period, the landlord may destroy or discard the materials per the terms of the lease agreement with the defaulting tenant.
Provides that a landlord who makes a good faith effort to comply with the requirements of proposed GS 42-14.4 is not liable for any losses arising directly or indirectly out of the disposal of any potentially confidential materials. Specifies that failing to comply with statute is not an unfair trade practice under GS 75-1.1.
Amends new subsection (h) to GS 44A-2 (concerning liens on personal property), requiring any landlord of nonresidential property (was, residential or nonresidential property) containing potentially confidential materials to notify the State Bar as required under proposed GS 42-14.4, provided the landlord has actual knowledge that the former tenant is an attorney.
Intro. by Stein, Vaughan, Newton. |
Senate committee substitute makes the following changes to 1st edition.
Deletes provisions in previous edition and instead enacts new GS 41-6.4, stating that the rule in Dumpor’s case is abolished. Effective October 1, 2011, and applies to transfers of property that take effect on or after that date. Makes a conforming change to title.
Intro. by Clodfelter. |
Senate committee substitute makes the following changes to 1st edition. Amends GS 138A-31(b) to clarify that the prohibition against disclosing a covered person’s public position in nongovernmental advertising does not apply to disclosure to an existing or prospective customer, supplier, or client when such disclosure could reasonably be considered material. Further clarifies that the prohibition does not apply to the inclusion of a covered person’s public position in an agenda or other document related to a meeting, conference, or similar event when the disclosure could reasonably be considered material (deletes conditional language limiting the prohibition to events sponsored by nonprofit organizations). Makes other technical changes.
Intro. by Clodfelter. |
The Daily Bulletin: 2011-05-02
The Daily Bulletin: 2011-05-02
Actions on Bills: 2011-05-02
H 8: EMINENT DOMAIN
H 98: BREWERIES TO SELL MALT BEVERAGES ON PREMISES.
H 129: LEVEL PLAYING FIELD/LOCAL GOV'T COMPETITION.
H 160: CHECK-OFF DONATION: BREAST CANCER SCREENING.
H 173: STATE SHRIMP FESTIVAL-SNEADS FERRY.
H 197: SCHOOL CALENDAR FLEXIBILITY/INCLEMENT WEATHER.
H 200: APPROPRIATIONS ACT OF 2011.
H 270: AMEND CONDITIONS OF PROBATION.
H 306: TRANSFER GSC/REVISOR OF STATUTES TO GA (NEW).
H 311: HOUSEHOLD GOODS CARRIERS/ID MARKINGS
H 316: MODIFY NCGA POLICE POWERS (NEW).
H 317: NC FAMILY & CONSUMER SERVICES 100TH.
H 332: CLARIFY DEVELOPMENT MORATORIA AUTHORITY.
H 336: AMEND WEIGHT REQUIREMENTS-CERTAIN VEHICLES.
H 397: DHHS PENALTIES AND REMEDIES REVISION.
H 422: FEDERAL RAIL MONEY/REPORT, CONSULT, APPROVE (NEW).
H 468: AMEND WEIGHT LIMITS FOR FARM PRODUCTS.
H 474: PROTECT ADULT CARE HOME RESIDENTS.
H 483: DNA SAMPLES/ADDITIONAL FELONIES.
H 509: EXCLUSIONS FROM LICENSURE: HOME SERVICES.
H 578: STATE HEALTH PLAN/ADDITIONAL CHANGES (NEW).
H 591: LDP CHANGES/IGNITION INTERLOCK EXEMPTION.
H 598: NC HIGHWAY 54 CORRIDOR STUDY
H 629: SUBSTANCE ABUSE TREATMENT.
H 667: HONOR GORDON P. ALLEN SR.
H 698: DENTISTRY MANAGEMENT ARRANGEMENT LIMITS.
H 736: AMEND LAW RE: SCHOOL DISCIPLINE.
H 769: HIGH SCHOOL TO WORK PARTNERSHIP.
H 779: ELECTRONIC RECORDING/CUSTODIAL INTERROGATIONS.
H 808: REVISE LAWS ON ADULT CARE HOMES.
H 819: COASTAL MANAGEMENT POLICIES (NEW).
H 829: STREAMLINE EDUCATION PLANNING RESPONSIBILITY.
H 852: LMT PJCS/B1, B2, C, D, OR E FELONIES (NEW).
H 873: AMEND JORDAN LAKE RESERVOIR H20 QUALITY RULES.
H 875: EXTEND CROSSOVER/LIFT RESOLUTION DEADLINE.
H 876: INCREASE FEES/PSYCHOLOGY PRACTICE ACT.
H 877: CHECK OFF DONATION: GOVERNMENT FUNDING.
S 49: INCREASE FINE FOR SPEEDING/SCHOOL ZONES.
S 105: INCREASE PENALTIES/MURDER AND DWI DEATHS (NEW).
S 110: PERMIT TERMINAL GROINS.
S 126: DRIVERS LICENSE/MILITARY ID VALIDITY.
S 130: WINE DISTRIBUTION TERRITORIES.
S 131: AOC COLLECTION ASSISTANCE FEE.
S 135: ALLOW JUVENILE RECORD/RISK DETERMINATION/BOND.
S 137: ESTABLISH FORGIVABLE LOAN FUND.
S 144: CASH CONVERTERS MUST KEEP PURCHASE RECORDS.
S 220: GENERAL STATUTES COMM/COLLATERAL CONSEQUENCES.
S 281: MUNICIPAL SERVICE DISTRICT/STREETS.
S 311: PRETRIAL RELEASE VIOLATION/ARREST (NEW).
S 322: ADOPT OFFICIAL STATE SPORT.
S 380: ETJ/DEFINITION OF BONA FIDE FARM PURPOSES (NEW).
S 381: NC FAMILY & CONSUMER SERVICES 100TH
S 404: DEPT. OF ADMIN/PROCUREMENT MODERNIZATION.
S 432: REVISE PROBATE CODE.
S 433: LOCAL HUMAN SERVICES ADMINISTRATION
S 463: ACCOUNTABILITY FOR TAXPAYER INVESTMENT ACT.
S 464: DEBT REDUCTION ACT OF 2011.
S 479: TESTING IN THE PUBLIC SCHOOLS.
S 487: DISPUTED EARNEST MONEY/ATTORNEYS DEPOSIT.
S 488: LANDLORD NOTICE NC BAR/HOMEOWNER-BUYER PROT. (NEW).
S 493: CODIFY NC CENTURY FARMS PROGRAM IN DACS.
S 501: SWINE HOUSE RENOVATIONS/SITE LIMITS.
S 514: DEFENSE OF MARRIAGE (NEW).
S 519: MEMO OF CONTRACT/DEEDS & DEEDS OF TRUST.
S 521: RULE IN DUMPOR'S CASE/BROKER PRICE OPINIONS (NEW).
S 556: PUBLIC DISCLOSURE CHARITABLE SOLICITATIONS.
S 559: FAIR COMPENSATION FOR MORTGAGE BROKER/LENDER.
S 581: CLARIFY MOTOR VEHICLE LAWS.
S 590: TERMINAL RENTAL ADJUSTMENT CLAUSES.
S 607: CONFORM MEDICAL RECORD LAWS.
S 620: CLARIFY USE OF POSITION.
S 689: CONGRESSIONAL CURATIVE (NEW).
S 727: NO DUES CHECKOFF FOR SCHOOL EMPLOYEES.
S 750: OMNIBUS TRANSPORTATION ACT (NEW).
S 756: AMEND BAIL LAW/PRETRIAL RELEASE PROGRAMS.
Actions on Bills: 2011-05-02
H 403: CONTRIBUTING STRUCTURES (NEW).
H 471: BUNCOMBE COUNTY COMMISSION DISTRICTS.
H 546: ALTERNATIVE SALARY PLANS/CHARLOTTE-MECK. SCH.
S 776: CALENDAR FLEXIBILITY/GREENE COUNTY SCHOOLS.
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