Senate committee substitute makes the following changes to 2nd edition. Rewrites GS 62-133.8(g), concerning control of emissions, to clarify that the subsection does not apply to facilities that qualify as certain new renewable energy facilities.
Provides that the open burning for land clearing or right-of-way maintenance is permissible without an air quality permit if the location of the burning is at least 500 feet from any dwelling, commercial or institutional establishment, or other occupied structure not located on the property on which the burning is conducted. Provides and details exceptions which the regional office supervisor may grant. Provides that the location of the air curtain burnings be at least 300 feet from any dwelling, commercial or institutional establishment, or other occupied structure not located on the property on which the burning is conducted. Provides and details exceptions which the regional office supervisor may grant. Rewrites GS 113-60.29 to provide it is not a violation if a person unintentionally fails to comply with a setback requirement so long as the difference between the required setback and the actual setback is no more than 5% of the required setback. Directs the Environmental Management Commission to adopt specified rules.
Enacts new GS 130A-310.60(c) providing that for the purposes of the statute, concerning the program for the removal of products containing mercury from public buildings, a local government is using state funds when it receives grant funding from the state for the construction or operation of a public building.
Amends proposed GS 143-214.7(b1) to direct the Environmental Management Commission (Commission) to develop model practices for incorporation of stormwater capture and reuse into stormwater management programs and to make information on those model practices available to state agencies and local governments.
Amends GS 143-214.7A(b) to prohibit the Division of Water Quality from requiring water quality permitting for any Type I solid waste compost facility, unless required by federal law.
Amends GS 143-135.37(c1) to remove provisions concerning the engagement of an irrigation contractor to perform an audit of any irrigation system.
Enacts new GS 143-215.1(a5), providing that no permit is required to contract to construct, alter, or change the operation of any sewer system, treatment works, or disposal system when the system’s or work’s principle function is to dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the state.
Amends GS 143-215.94B(b) to include the cost of a site investigation by the Department of Environment and Natural Resources (DENR) for the purpose of determining whether a release from a tank system occurred, whether or not the investigation confirms that a release has occurred, as a Commercial Fund expense. Amends GS 143-215.94B(b1) to include additional criteria to use when calculating the multiple discharge amounts. Amends GS 143-215.94B to add new subsection directing DENR to use up to $1 million of the funds in the Commercial Fund, each fiscal year, to clean up discharges or releases when a responsible party demonstrates it would be a severe financial hardship for such party to do so. Directs the Commission to adopt rules defining severe financial hardship, and establish a process for evaluation and determinations of eligibility with respect to applications for assistance due to severe financial hardships. Amends GS 143-215.94C(b) to provide that the annual operating fee is due and payable in equal installments on a quarterly basis on the first day of the month of each quarter in accordance with a staggered schedule established by DENR in order that the total amount of fees collected by DENR is about the same each quarter.
Amends GS 143-215.94T to specify that the statute is not to be construed to limit the right of an owner or operator to repair any existing component of an underground storage tank system. Provides that if an existing tank or piping is replaced, the secondary containment and interstitial monitoring requirements apply only to the replaced tank or piping. Creates new subsection directing DENR to allow non-tank unprotected metallic components that are visible or accessible for visual inspections to have corrosion protection added as an alternative to replacement, if the component does not have visible corrosion and passes a tightness test. Amends GS 143-215.94V(b) to provide additional language stating that rules that use the distance between a source area of a confirmed discharge or release to a water supply well or private drinking well, as defined, must include a determination of whether a nearby well is likely to be affected by the discharge or release as a factor in determining levels of risk.
Provides that DENR must not prohibit the use of tanks that are constructed of steel and cathodically protected as provided under federal law (40 CFR §280.20(a)(2)) in order to meet external corrosion protection standards of that rule. Directs the Environmental Management Commission to adopt rules to carry out this provision no later than January 1, 2014. Specifies effective dates for the amendments. Provides that all UST systems installed after January 1, 1991, are not required to provide secondary containment until January 1, 2020. Directs the Commission to establish a process for the grant of variances from the setbacks required for UST systems from certain public water supply wells if the Commission finds facts to demonstrate that such variance will not endanger human health and welfare or groundwater. Requires that, no later than January 1, 2014, the Environmental Management Commission must adopt rules consistent with the above provisions. These provisions are effective when they become law and apply to discharges or releases reported on or after that date, except that the provisions concerning GS 143-215.94B(b1) apply to discharges or releases reported on or after January 1, 2009.
Enacts new GS 153A-145 and 160A-202 to provide that no county or city may prohibit the installation and maintenance of cisterns and rain barrels.
Rewrites Section 5 of SL 2007-438, as amended, to provide that the nutrient offset payment schedule will expire when the rules establishing the new payment schedule become effective.
Delays the implementation of the rules under SL 2009-216, the Jordan Lake Rules. Provides that compliance for certain dischargers, such as wastewater treatment plants, is delayed from 2016 to 2020 and compliance for existing development would be delayed from 2017 to 2020.
Requires that employees of establishments regulated under subsections (a) and (a2) of GS 130A-248 be certified in food protection in accordance with the United States Food and Drug Administration Food Code 2009.
Establishes and details a process for the issuance of variances from the setback requirements for public water supply wells under certain circumstances.
Enacts new GS 143-214.18 to provide that, absent certain conditions, certain temporary rules adopted and the permanent rule concerning the protection and maintenance of existing riparian buffers in the Neuse River and Tar-Pamlico River Basins do not apply to certain tracts of land.
Provides for the collection and sale of ginseng, and that there is no charge for a ginseng export certificate.
Rewrites Section 6 of SL 2007-523 to change the sunset for the Methane Capture Pilot Program from September 1, 2017, to September 1, 2011.
Directs and provides details to DENR to study the stormwater management requirements for airports in the state.
Directs DENR to transfer certain grant funds for the control of nonpoint source pollution to the Division of Forest Resources and the Division of Soil and Water Conservation in the same amounts that those grant funds have been transferred during the two most-recent fiscal bienniums.
Rewrites GS 130A-290(a)(35) to make the definition of solid waste conform to the federal definition of solid waste. Makes other clarifying and conforming changes. Unless otherwise noted, the act is effective when it becomes law.
Changes the bill title to reflect new bill content.

Senate committee substitute makes the following changes to 3rd edition.
Amends GS 20-63(b) deleting language that identifies specified special registration plates as not having to be First in Flight plates. Additionally, deletes the first 25 listed plates (GS 20-63(b)(1) thorough (b)(25)) from the list of plates that are not First in Flight plates under current law. Provides that this amendment to GS 20-63(b) is not to be construed as requiring the recall of an existing full-color special license plate issued to a registered owner of a motor vehicle, but does prohibit issuing any additional or replacement full-color special license plates on or after the effective date of this act.
Provides for the following additional special registration plates to be issued by the Department of Motor Vehicles: (1) Kappa Alpha Order, (2) Sustainable Fisheries Plate, (3) NC Morgan Horse Club, (4) USO of North Carolina, (5) Greensboro Symphony, (6) Green Industry Council, (7) Retired Legislators, (8) Don’t Tread on Me, (9) USA Triathlon, and (10) NC Horse Council. Requires that the additional special registration plates meet the standard requirement of at least 300 applications. Authorizes motorcycle plates for Civic Clubs. Provides for fees for the additional special registration plates and the distribution of those fees. Provides that the special registration plate for county commissioner may be authorized upon receipt of at least 100 applications (was, 300).

Senate committee substitute, reported in on 6/14/11, makes the following changes to 2nd edition: (1) amends GS 135-3(8)c1 to provide that the Board may (was, “shall”) assess the employer a penalty of 10% of the compensation of the unreported reemployed beneficiaries, and makes conforming changes to GS 128-24(5)c1.

Senate committee substitute makes the following changes to 3rd edition. Amends GS 106-168.1 to (1) modify definition of collector to include a person who collects waste kitchen grease. Specifies that collector does not include restaurants or other food establishments that generate kitchen grease; (2) add definitions of farmer and waste kitchen grease. Rewrites GS 106-168.2 to forbid a person from engaging in rendering operations or acting as a collector of waste kitchen grease unless licensed to do so. Amends GS 106-168.3 to specify that exemption from licensing and regulation requirements of certain premises do not apply to a person acting as a collector of waste kitchen grease. Amends GS 106-168.4 to increase application fee to $100 (was $50). Imposes annual renewal fee for rendering license of $100.
Amends GS 106-168.7 to specify that rendering license is valid for one year and must be renewed upon submission of a certification under oath of compliance with the legal requirements for licensure and payment of the annual renewal fee.
Rewrites GS 106-168.9 to clarify that any person holding a rendering license or acting as a collector, as defined, may haul and transport raw material or waste kitchen grease, except as prohibited by law. Amends GS 106-168.14 to specify that its provisions apply to collectors of raw material, as defined in GS 106-168.1. Amends GS 106-168.14 to specify that its provisions apply to collectors of raw material, as defined in GS 106-168.1.
Adds new GS 106-168.14A to make collectors of waste kitchen grease subject to certain provisions, including application procedures for licensing, licensing renewal requirements, and certain information retention and inspection requirements. Prohibits any person required to be licensed from collecting or transporting waste kitchen grease without possessing a copy of the license and conspicuously displaying the licensee’s name and license number on any vehicle used to transport the waste kitchen grease. Specifies that the following acts constitute a violation of Article 14A: (1) selling or offering for sale to any unlicensed person any waste kitchen grease, knowing such unlicensed person would transport or process the waste kitchen grease in violation of Article 14A; (2) stealing, misappropriating, contaminating, or damaging any waste kitchen grease container; (3) taking or possessing waste kitchen grease from a collector that is not licensed, unless otherwise authorized by Article 14A, or knowingly taking possession of waste kitchen grease that has been stolen; or (4) to place a label on a waste kitchen grease container owned by another person in order to assert ownership over the container. Specifies that the statute does not apply to a farmer who collects waste kitchen grease for a use related to his or her farm.
Adds new GS 106-168.14B to specify that a container in which waste kitchen grease is deposited that bears a name on the container is presumed to be owned by the person named on the container. Amends proposed GS 14-79.2 to remove the definition of waste kitchen grease and makes conforming change. Provides for a civil penalty of up to $5,000 against any person who violates the Article. Makes technical changes to GS 106-168.10, and GS 106-168.11. Effective January 1, 2012, and applies to offenses committed on or after that date. Changes title to AN ACT TO AMEND THE LAWS GOVERNING RENDERING PLANTS AND OPERATIONS AND TO BRING THE COLLECTION OF WASTE KITCHEN GREASE WITHIN THE PURVIEW OF THE ACT.

Senate committee amendment, reported in on 6/14/11, makes the following changes to 1st edition. Amends GS 89C-13(a) to add two additional qualifications to the list of items that serve as sufficient minimum evidence that an applicant is qualified for licensure: (1) full-time faculty in approved four-year Board-approved degree programs may be granted waiver from the fundamentals of engineering examination; (2) a person with an earned doctorate in engineering from a properly accredited program may be granted the same waiver.

Senate committee substitute makes the following changes to 3rd edition. Provides that pharmacy has the right to 14 (was, 21) days' notice of the initial on-site audit for each audit cycle. Provides that for audits conducted other than in response to an identified problem, the audit is limited to 100 (was, 40) selected prescriptions. Provides an exception to the one-audit-per-year limitation for cases where fraud or misrepresentation is reasonably suspected. Provides an exception to the provision that recoupments of disputed funds are to occur only after final internal disposition of an audit, including appeals, for cases where fraud or misrepresentation is reasonably suspected. Changes effective date of act's main provisions from October 1, 2011, to January 1, 2012.

Senate amendment makes the following changes to 4th edition. Deletes nonpayment as a reason for discharge of a resident while an appeal to the Hearing Unit is pending. Clarifies that while, under the act, the Department may not prohibit discharge during an appeal simply for the reason that the Hearing Unit has determined that the discharge destination identified is not appropriate, the requirements in the act for agencies to work to identify an appropriate destination continue to apply.

Senate committee substitute makes the following changes to 3rd edition.
Makes the proposed amendments in Section 6 and Section 6.5(e) of this act to GS 115C-302.1(b), which repeal the provisions permitting the prepayment of teachers, effective on July 1, 2012 (was, effective when it becomes law and applies beginning with the 2011-12 school year).

House committee substitute, reported in on 6/14/11, makes the following changes to 1st edition. Deletes proposed amendment to GS 105-187.51(a), concerning the inclusion of certain manufacturing plants located at port facilities to those to which a privilege tax is imposed. Rewrites GS 105-187.51B to impose the privilege tax on a company located at a ports facility for waterborne commerce that purchases specialized equipment to be used at the facility to unload or process bulk cargo to make it suitable for delivery to and use by manufacturing facilities. Enacts new GS 105-187.51D to impose, and detail, a privilege tax on large manufacturing and distribution facilities that purchase mill machinery, distribution machinery, or parts or accessories for mill machinery or distribution machinery for storage, use, or consumption in North Carolina. Provides that the tax is 1% of the sale price of the machinery, part, or accessory purchased, and provides for a maximum tax of $80 per article. Provides that the statute expires for sales occurring on or after July 1, 2018. Effective July 1, 2013, and applies to purchases made on or after that date. Changes title to AN ACT TO EXPAND THE APPLICATION OF THE ONE PERCENT, EIGHTY DOLLAR EXCISE TAX ON CERTAIN MACHINERY AND EQUIPMENT TO SPECIALIZED EQUIPMENT USED AT A PORT FACILITY AND TO MACHINERY USED AT A LARGE MANUFACTURING AND DISTRIBUTION FACILITY.

Senate committee substitute makes the following changes to 1st edition. Deletes all the provisions of the 1st edition and replaces it with AN ACT TO MODIFY PROVISIONS RELATED TO THE SALES OF ALCOHOLIC BEVERAGES.
Amends GS 18B-1004 to modify the hours for the sale and consumption of specified alcoholic beverages at on-premise locations and off-premise locations. Makes it unlawful to sell or consume alcoholic beverages on any premises where on-premise permits are issued for specified alcoholic beverages from the time at which sale or consumption must end on Sunday morning until 11:00 A.M. on that Sunday morning. Provides that it is unlawful for a permit holder having only an off-premise permit allowing the sale of specified alcoholic beverages between the hours of 2:00 A.M. and 5:00 A.M. on Monday through Saturday, and between the hours of 2:00 A.M. and 11:.00 A.M. on Sunday. Deletes provision making it unlawful to sell or consume alcoholic beverages on any licensed premises from the time at which sale or consumption must end on Sunday morning until 12 Noon on that Sunday. Deletes subsection GS 18B-1004(d), which provided a local option allowing a city or a county to adopt more restrictive ordinances regarding the sale of alcoholic beverages during the hours from 12:00 Noon on Sunday until 7:00 A.M. on the following Monday. Makes a conforming change, repealing GS 18B-1006(q).
Amends GS 18B-900(a), adding new subdivision (8) to add an additional requirement that a person have a valid Social Security number or be able to furnish valid documentation issued under the authority of the United States government demonstrating the person's legal presence in the U.S. in order to be eligible to receive and hold an ABC permit.
Amends GS 18B-1002(d) to provide the administrative procedures applicable to a permit issued under the statute.
Effective October 1, 2011, amends GS 18B-603(f) to add the following permits to those which the NC Alcoholic Beverage Control Commission (Commission) may issue without approval at an election: (1) permits authorized by GS 18B-1001(1), (3), (5), and (10) for hotels, convention centers, food markets, or restaurants located on the Centennial Campus, Horace Williams Campus, or any Millennial Campus of a constituent institution of the University of North Carolina and (2) permits authorized by GS 18B-1001(1) and (3) for the sale of beer and wine at performing arts centers located on property owned by or leased by a constituent institution of the University of North Carolina if the seating capacity does not exceed 2,000 seats. Makes conforming changes to GS 18B-1006(a).
Except as otherwise indicated, effective when the act becomes law. Provides that prosecutions for offenses committed before the act's effective date are not abated or affected by this act, and the statutes that would be applicable if not for this act remain applicable to those prosecutions.

Senate amendment, reported in on 6/14/11, makes the following changes to 2nd edition. Makes a clarifying change.

Senate committee substitute, reported in on 6/14/11, makes the following changes to 3rd edition. Changes made by the Senate committee substitute include the following changes with respect to annexations initiated by municipalities: (1) clarifies that the extension of water and sewer services to each annexed parcel is required if the owner provides an installation easement; (2) amends proposed GS 160A-58.55(b) to provide that if a proposed annexation extends into a county other than a county where the majority of the area of the existing municipality is located, a copy of the resolution of consideration must be mailed by first-class mail within 30 days after the adoption of the resolution of consideration to the clerk of the board of county commissioners of that county; (3) amends proposed GS 160A-58.55(f) to provide that the explanation of the provision of services made at the public informational meeting by the city must mention the opportunity the owner of annexed property has for the installation of a residential connection; (4) amends GS 160A-58.55(h) to provide that an adopted annexation ordinance, along with a list of property owners to which a hearing notice was mailed also be delivered within five business days to the board of elections of the county in which a majority of the municipality lies; (5) amends GS 160A-58.55(i) (petition to deny annexation ordinance) to provide that the board of elections rather than the tax assessor is to prepare petitions for property owners to sign opposing the annexation, to mail a petition to the address of record within five business days of receipt of the list of owners, and to carry out other duties previously assigned to the tax assessor; (6) deletes proposed GS 160A-58.55(k) and (l), which would have postponed the effective date of annexation with respect to certain agrarian lands that qualify for present-use-value assessment for property tax purposes and other certain lands; (7) amends GS 160A-58.56(a) (concerning provision of water and sewer service to annexed areas) to provide that a municipality has no financial responsibility for extending lines if (a) service within the city is provided in part by a nonprofit (b) the annexing city does not provide the service inside its limits (c) the area to be annexed is already served by a public system or (d) the city by contract with the public system has no responsibility for providing such service; (8) adds new GS 160A-58.56(e1) to provide that the initial installation of water or sewer connection lines must be completed without charge to the property owner, but title to and responsibility for lines is vested in the owner; and (9) adds new GS 160A-58.56(e2) to allow a city to petition the Local Government Commission for a reasonable time extension if the city is unable to provide service as required because of permitting delays that are caused through no fault of the city.

House committee substitute makes the following changes to 1st edition. Changes effective date to August 1, 2011 (previously July 1, 2011), and applies to costs assessed or collected on or after this date. Provides other details concerning the effective date and the costs.