Senate committee substitute makes the following changes to the 2nd edition.
Amends the long title.
Part I, Repeal 2008 and Subsequent Model Year Heavy-Duty Diesel Vehicle Requirements (new)
Directs the Environmental Management Commission (EMC) to repeal administrative rule 15A NCAC 02D .1009 (Model Year 2008 and Subsequent Model Year Heavy-Duty Vehicle requirements) on or before December 1, 2013. Further provides that, until the repeal of this rule is effective, no entity or political subdivision of the state will implement or enforce the administrative rule.
Part II, Department of Environment and Natural Resources to Study the Continued Need to Conduct Vehicle Emissions Inspections (new)
Directs DENR to study and examine whether all of the counties covered under the emissions testing and maintenance program pursuant to GS 143-215.107A are needed to meet and maintain the current and proposed federal ozone standards in North Carolina. DENR will report its interim findings to the Environmental Review Commission on or before April 1, 2015. The final report, including legislative recommendations, will be submitted on or before April 1, 2016.
Part III, Provide the Environmental Management Commission with Flexibility to Determine Whether Rules Are Necessary for Controlling the Effects of Complex Sources on Air Quality (new)
Amends GS 143-215.109(a), providing that the EMC can, but is not required to, establish criteria for controlling the effects of complex sources on air quality (previously, the EMC was required to establish such criteria).
Part IV, Amend the Rules That Pertain to Open Burning for Land Clearing or Right-of-Way Maintenance (new)
Exempts open burning for land clearing or right-of-way maintenance under certain circumstances from various rules regulating air quality permits and amends GS 130A-294(a) by adding a new subdivision (4)d. exempting land clearing debris burning from the permitting requirements of that statute. Requires adoption of comparable rules.
Part V, Clarify That an Air Quality Permit Shall Be Issued for a Term of Eight Years and Provide That a Third Party Who Is Dissatisfied with a Decision of the Environmental Management Commission Regarding an Air Quality Permit May File a Contested Case under the Administrative Procedure Act within 30 Days
Amends GS 143-215.108, concerning the control of sources of air pollution, providing that a third party who is dissatisfied with a decision of the EMC can commence a contested case by filing a petition under GS 150B-23 within 30 days after the EMC notifies an applicant or permittee of its decision (previously, only allowed dissatisfied permit applicant or permittee to commence a contested case).
Part VI, Amend CAMA Minor Permit Notice Requirements
Amends the permit application requirements in GS 113A-119, providing that applications for minor permits pursuant to this section do not require notice of the application to be published in a newspaper of general circulation. Deletes the requirement that notice of an application or modification pursuant to GS 113A-121 must be published in a newspaper of general circulation at least seven days before final action. Further deletes language that stated (1) that public notice under this subsection is mandatory and (2) certain modifications or permits were exempt.
Part VII, Amend the Provision of Hydraulic Fracturing Fluid Chemical and Constitutients Data to the Mining and Energy Commission and the Department of Environment and Natural Resources (new)
Amends GS 113-391(b1) setting out provisions for information that is designated as confidential or a trade secret, providing, among other things, that (1) the Mining and Energy Commission (Commission) or DENR can disclose confidential information to officers, employees, or authorized representatives of federal, state, or local agencies and (2) persons subject to regulation under this Chapter can withhold information that constitutes a trade secret related to hydraulic fracturing fluid chemicals. Also specifies the parties and entities that can bring an action challenging the designation of information as confidential or as trade secret.
Part VIII, Exempt the Mining and Energy Commission, The Environmental Management Commission, and the Commission for Public Health from Preparing Fiscal Notes for Rules That Pertain to the Management of Oil and Gas Exploration and Development (new)
Provides that the Commission, EMC, and the Commission for Public Health are exempt from the provisions of GS 150B, requiring the preparation of fiscal notes for rules proposed for the creation of a modern regulatory program for the management of oil and gas exploration and development activities, including horizontal drilling and hydraulic fracturing.
Part IX, Clarify Local Government Authority under the Sedimentation and the Pollution Control Act
(previously Part II of the 2nd edition)
Part X, Provide for Low-Flow Design Alternatives for Wastewater Systems (new)
Requires the Commission for Public Health to adopt a new rule exempting wastewater systems from certain sewage flow rates where the system can achieve lower flow rates through an engineering design that utilizes low-flow fixtures and low-flow technologies and the design is sealed by a professional engineer; daily flows of less than 3,000 gallons do not require state review.
Part XI, Direct the Commission for Public Health to Adopt Rules to Provide for Notice of Known Contamination to Applicants Who Seek to Construct New Private Drinking Water Wells and to Direct Local Health Departments to Either Issue a Permit or Deny an Application for the Construction, Repair, or Operation of a Well within 30 Days of Receipt of an Application (new)
Amends GS 87-97, concerning private drinking water wells, to delete language that required the local health department to issue a construction or repair permit if it determines a private drinking water well can be constructed, repaired, and operated in compliance with the rules and provisions of this Article. Directs the local health department to, within 30 days of receipt of an application to construct or repair a well, determine whether the proposed private drinking water well can be constructed or repaired and operated in compliance with this Article and rules adopted pursuant to this Article, issuing or denying a permit accordingly. Further amends the section to provide that if a local health department fails to act within 30 days, the applicant can treat the failure to act as a denial of the permit and can challenge the denial as provided for in GS 150B.
Further amends GS 87-97 to provide that the Commission for Public Health must adopt rules governing permits for private drinking water wells for circumstances where the local health department has determined that the proposed well site is located within 1,000 feet of a known source of release of contamination. The rules must provide for notice and information of the known source of release and any known risk of issuing a permit.
Changes to GS 87-97(e) are effective when the act becomes law, applying to applications to construct or repair a private drinking water well received by a local health department on or after that date.
Part XII, Clarify Those Underground Storage Tanks That Are Not Required to Provide Secondary Containment Until January 1, 2020 (previously Part V of the 2nd edition)
Amends Section 11.6(a) of SL 2011-394 to provide that all underground storage tank systems installed after January 1, 1991, and before April 1, 2001, are not required to provide secondary containment until January 1, 2020.
Part XIII, Technical and Conforming Changes to Protected Species and Marine/Wildlife Resources Statutes (new)
Amends the definition of fish under GS 113-129(7) to mean finfish, shellfish, and crustaceans (removing reference to marine mammals and all other fishes); also amends GS 113-189 to expand protection of marine and wildlife resources by citing federal law conferring protection on various species, clarifying that the prohibitions under this statute include taking, harming, and disturbing protected species, and adding finfish, marine mammals, and migratory birds to the species protected under the statute.
Part XIV, Clarifying and Conforming Changes to Statues Pertaining to the Management of Snakes and Other Reptiles (new)
Amends GS 14-417 to make technical changes; also amends GS 14-419 to require consultation with the NC Museum of Natural Sciences or the NC Zoological Park in cases of suspected violations of prohibitions against mishandling certain reptiles and authorizing euthanasia in the case of a venomous reptile for which antivenin is not readily available. Provides an exception to the requirement to consult with the NC Museum or NC Zoological Park in cases in which law enforcement or animal control determines there is an immediate risk to public safety.
Part XV, Amend the Administrative Procedure Act to Provide the Wildlife Resources Commission with Temporary Rulemaking Authority for Manner of Take (new)
Amends GS 150B-21.1(a)(7) to include provisions for the manner of take and other conditions required to implement a hunting or fishing season under the Wildlife Resource Commission's temporary rule-making authorization.
Part XVI, Prohibit Public Entities from Purchasing or Acquiring Property with Known Contamination without Approval of the Governor and Council of State (new)
Amends GS Chapter 133 by adding a new Article 4 (GS 133-40) that would prohibit state entities, state universities and colleges, local governments, and political subdivisions from acquiring an ownership interest in real property that contains a known contamination (as defined in GS 130A-310.65(5)) without first obtaining approval from the Council of State. Sets out the procedures and requirements for obtaining such approval. Properties acquired involuntarily (such as through bankruptcy or tax delinquency) are exempt.
Effective July 1, 2013, and applies to a purchase or acquisition of interest in real property occurring on or after that date.
Part XVII, Clarify That No Building Permit is Required for Routine Maintenance on Fuel Dispensers (new)
Amends GS 143-138, providing that building permits are not required for routine maintenance on fuel dispensing pumps or other dispensing devices. Routine maintenance includes the repair or replacement of hoses, O-rings, nozzles, or emergency breakaways.
Part XVIII, Clarify the Fees That the Secretary of Environment and Natural Resources May Adopt for the North Carolina Aquariums (new)
Amends GS 143B-289.44, providing that the Secretary of DENR can adopt a schedule of fees for the aquariums and piers operated by the NC Aquariums, including gate admission fees, facility rental fees, and fees for educational programs. Effective July 1, 2013.
Part XIX, Repeal the Mountain Resources Planning Act (new)
Repeals GS 153A-349.4, the Mountain Resources Planning Act.
Part XX, Provide an Exemption from Local Government Requirements Regarding the Number of Acres for Property Development for Brownfields Developments
Amends GS 153A-349.4 and GS 160A-400.23 to provide an exemption from the 25 acre or more size requirement for local governments to enter into development agreements allowing the development of properties of any size provided the property is subject to an executed brownfields agreement.
Part XXI, Direct the Department of Transportation to Adopt Rules for Selective Pruning within Highway Rights-of-Way (new)
Directs the DOT to adopt rules for the selective pruning within highway rights-of-way for vegetation that obstructs a motorist's view of properties on which agritourism activities occur. Exempts the DOT from preparing fiscal notes, pursuant to GS 150B, for any rule proposed pursuant to this section.
Part XXII, Clarify Requirements for Compliance Boundaries with Respect to Groundwater Quality Standards (new)
Amends GS 143-215.1 (Control of sources of water pollution; permits required) to require any person subject to the statute who must obtain an individual permit for a disposal system to have a compliance boundary, which may be established by rule or permit for various categories of disposal systems, and beyond which groundwater quality standards may not be exceeded. Requires the location of the compliance boundary to be the property boundary. Requires that when operation of a permitted disposal system results in an exceedance of the groundwater quality standards adopted in accordance with GS 143-214.1 (Water; water quality standards and classifications; duties of Commission), the exceedances within the compliance boundary must be remedied through cleanup, recovery, containment, or other response only when (1) the violation of any water quality standard in adjoining classified waters of the state occurs or can be reasonably predicted to occur; (2) there is an imminent hazard or threat to the environment, public health, or safety exits; or (3) there is a violation of any standard in groundwater occurring in the bedrock other than limestones, unless it can be shown that the violation will not adversely affect, or have the potential to adversely affect, a water supply well. Requires exceedances to be remedied through clean-up, recovery, containment, or other directed response where operation of a permitted disposal system results in exceedances of the groundwater quality standards at or beyond the compliance boundary.
Provides that with respect to exceedances of groundwater quality standards within a compliance boundary and related remedy requirements, new GS 143-215.1(j) applies instead of the restricted designation directives in 15A NCAC 2L .0104(d) and (e) until DENR has revised the rules to comply with this act.
Part XXIII. Exempt Certain Radio Towers from Applicability with the Military Lands Protection Act of 2013 (new)
Provides that if House Bill 433 (Land Use Surrounding Military Installations) becomes law, then GS 143-151.74 is amended to also exempt radio towers that were erected to temporarily replace those damaged by a natural disaster, provided that the specified conditions are met.
Part XXIV. Clarify that Extended-Duration Permits for Sanitary Landfills and Transfer Stations Authorized by SL 2012-187 are Permits for Operations as Well as Construction
This provision is the same as Part I in the previous edition. Adds that the changes made by the section are repealed if Senate Bill 328 (Solid Waste Management Reform Act of 2013) becomes law.
Part XXV. Add a Factor for Consideration in Assessing Solid Waste Penalties
This provision is the same as Part IV in the previous edition.
Part XXVI. Limit Local Government Regulation of Storage, Retention, or Use of Nonhazardous Recycled Materials (new)
Amends GS 130A-309.09A by adding a new subsection (h) requiring local governments to encourage storage, retention, and use of nonhazardous recycled materials and prohibiting local government regulations that impede use of recycled products through regulation of the height of recycled materials stockpiles, except when the facilities are located within 200 yards of residential districts.
Part XXVII. Direct the Environmental Review Commission to Study the Requirements Applicable to Recycling of Discarded Computer Equipment (new)
Requires the Environmental Review Commission to study the state requirements for recycling computer equipment and televisions, the results of the program implementation, and whether any changes are needed to improve recycling rates and program effectiveness. Requires a report to the 2014 Regular Session of the General Assembly upon its convening.
Part XXVIII. Amend the Definition of "Built-Upon Area" for Purposes of Implementing Stormwater Programs (new)
Amends GS 143-214.7 to define built-upon area, for the purposes of implementing stormwater programs, to mean impervious surface and partially impervious surface to the extent that the partially impervious surface does not allow water to infiltrate the surface and into the subsoil. Repeals SL 2006-246, Section 2(7), which defined built-upon area. Repeals SL 2008-211, Section 2(a)(3), which defined built-upon area. Requires the Environmental Management Commission to amend its rules to be consistent with the definition of built-upon area in this act. Applies to projects for which permit applications are received on or after the effective date of the act.
Part XXIX. Exempt Ponds that are Constructed and Used for Agricultural Purposes from Riparian Buffer Rules (new)
Exempts freshwater ponds from various riparian buffer rules adopted by the Environmental Management Commission when (1) the property the pond is located on is used for agricultural purposes, (2) the use of the property is in compliance with all other water quality and water quantity statutes and rules applicable to the property before the adoption of the Riparian Buffer Rules, and (3) the pond is not a component of an animal waste management system. Requires the adoption of comparable rules. Applies to ponds used for agriculture that were in existence on or constructed after July 22, 1997.
Part XXX. Provide That a Third Party who is Dissatisfied with a Decision of the Environmental Management Commission Regarding a Water Quality Permit may File a Contested Case under the Administrative Procedure Act within 30 Days (new)
Amends GS 143-215.1 as the title indicates.
Part XXXI. Repeal Requirements for Increases in Vehicular Surface Areas (new)
Repeals Article 4A (Vehicular Surface Areas) of GS Chapter 113A.
Part XXXII. Amend Dredge and Fill Permit Applicant Procedure for Notice to Adjoining Property Owners (new)
Amends GS 113-229(d) to provide that notice to adjoining property owners of a dredge or fill permit may be satisfied by obtaining a signed statement from each property owner indicating no objection to the project or sending a copy of the permit to each property owner by certified mail.
Part XXXIII. Provide That Certain Water Treatment Systems with Expired Authorizations May Obtain New Authorizations That Allow the Systems to Withdraw Surface Water from the Same Water Body at the Same Rate as Was Approved in the Expired Authorization (new)
Allows public water systems with authorizations for deactivated water treatment plants that expired within the last ten calendar years of the effective date of the act to obtain new authorizations allowing the system to withdraw surface water from the same water body and at the same rate as approved in the expired authorization and provides that the new authorizations do not have to prepare an environmental document.
Part XXXIV. Amend S.L. 2013-50, an Act to Promote the Provision of Regional Water and Sewer Services by Transferring Ownership and Operation of Certain Public Water and Sewer Systems to a Metropolitan Water and Sewerage District (new)
Repeals SL 2013-50, Section 1(a)(2), thereby removing the requirement that the public water system has not been issued a certificate for an interbasin transfer from the criteria to be met for all assets and all outstanding debts of any public water system to be transferred to the metropolitan sewerage district operating in the county where the public water system is located, to be operated as a Metropolitan Water and Sewerage District.
Part XXXV. Combine the Division of Water Quality and the Division of Water Resources to Create a New Division of Water Resources in the Department of Environment and Natural Resources and Make Conforming Changes (new)
Combines the Division of Water Quality and the Division of Water Resources into a new Division of Water Resources. Makes conforming changes to statutes throughout GS Chapters 74, 90A, 106, 113A, 136, 143, 143B, 159G, and various session laws.
Part XXXVI. Severability Clause and Effective Date
Adds a severability clause.
Makes change to GS 87-97(e), effective when the act becomes law, applying to applications to construct or repair a private drinking water well received by a local health department on or after that date.
The act is effective when it becomes law, except where otherwise indicated above.
Makes conforming changes to the act's long title.
The Daily Bulletin: 2013-06-26
|Intro. by <p>McElraft, Samuelson, McGrady.</p>||GS 14, GS 74, GS 87, GS 90A, GS 106, GS 113, GS 113A, GS 130A, GS 133, GS 136, GS 143, GS 143B, GS 150B, GS 153A, GS 159G, GS 160A|
Senate committee substitute makes the following changes to the 2nd edition. Makes an organizational and clarifying change.
|Intro. by Shepard, Hamilton, Torbett.||GS 136|
Senate committee substitute makes the following changes to the 3rd edition.
Amends the enactment clause, providing that Sections 1 (amending GS 135-48.40) and 4 (amending GS 135-48.43) of the act become effective January 1, 2014, and Section 3 becomes effective July 1, 2013 (previously, Sections 1, 3, and 4 became effective on July 1, 2013).
Senate committee substitute makes the following changes to the 3rd edition.
Amends the short and long title.
Amends GS 115C-238.29F(g), reorganizing the admission requirements for charter schools. Requires the charter school's population to reasonably reflect the local school administrative unit or the racial and ethnic composition of the special population the school seeks to serve within one year after beginning operation. Provides that limited priority can be given to children of the school's full-time employees (was, to the children of the principal, teachers, and teacher assistants as well as to the children of all school employees). Also provides that limited priority can be given to the children of the initial members of the board of directors for the first year of operation (was, first three years of operation), as long as the charter school is not a former public or private school. Also provides that priority can be given to a student that was enrolled at the charter school within the two previous school years but left to (1) participate in an academic study abroad program or a competitive admission residential program (previously, left to participate in an extraordinary educational opportunity such as a study abroad program or a competitive admission residential program) or (2) because of the vocational opportunities of the student's parents.
Provides that priority can be given to the younger siblings of charter school students if the older sibling attends the charter school for at least 4 grade levels and attends the highest grade of the school.
Amends GS 115C-238.29D, final approval of applications for charter schools, reorganizing provisions regarding the revision of charter applications. Provides that expanding to offer grades four and five if previously authorized to offer grades K through third grade; expanding to offer grades seven and eight if the charter school is authorized to offer grade six; and expanding to offer grades ten, eleven, and twelve if the charter school is authorized to offer grade nine is not considered a material revision of a charter application.
|Intro. by Hardister, Brandon, Stam, Lambeth.||GS 115C|
Senate committee substitute makes the following changes to the 4th edition.
Amends GS 115C-112.5, deleting the requirement that the Authority report to the Department of Public Instruction (DPI) on the number of students who received scholarships for the previous school year and were enrolled in a local school administrative unit or charter school for the semester before the semester for which a scholarship grant was awarded. Also deletes the requirement that DPI adjust the allotments of local school administrative units and charter school based on the number of awarded scholarships. Makes clarifying and technical changes regarding the remaining reporting requirements.
Senate committee substitute deletes the provisions of the 2nd edition and instead provides as follows.
Amends the short and long titles.
Raises the fees for the following licenses by various amounts: The Resident Combination Hunting and Inland Fishing License, Annual Sportsman License, Lifetime Sportsman Licenses, Resident State Hunting License, Lifetime Resident Comprehensive Hunting License, Controlled Hunting Preserve Hunting License, Resident Annual Comprehensive Hunting License, Nonresident State Hunting License, Resident Big Game Hunting License, Nonresident Bear Hunting License, Nonresident Big Game Hunting License, Migratory Waterfowl Hunting License, hunting and fishing guide licenses issued by the Wildlife Resources Commission(WRC), trapping licenses issued by the WRC, Hook-and-Line fishing licenses issued by the WRC, Special Trout License, Mountain Heritage Trout Waters 3-Day Fishing License, Resident Special Device licenses issued by the WRC, and the Unified Hunting and Fishing Licenses.
The fees for the following licenses were lowered by the act: The Resident Disabled Veteran Lifetime Unified Sportsman/Coastal Recreational Fishing License, Resident Disabled Veteran Lifetime Sportsman License, Resident Totally Disabled Lifetime Sportsman License, Resident Totally Disabled Lifetime Unified Sportsman/Coastal Recreational Fishing License and Resident Special Device License.
Provides that the different disabled veteran licenses can also be issued to resident veterans that are at least 50% disabled as established by the rules of the WRC (current law only allows the issuance for 50% disablement as determined by the US Department of Veteran Affairs or by the Social Security Administration depending on the license).
Provides that the age for discounted special licenses is now 70 (was, 65). Makes conforming changes in regards to the age change, providing that now adult licenses are issued to individuals between the age of 12 and 70.
Amends GS 113-270.2(c), repealing the Resident County Hunting License and changing the Six-Day Nonresident State Hunting License to a Ten-Day License.
Amends GS 113-270.3, establishing a bear management stamp for a $10 fee, which must be obtained prior to the taking of any bear in NC. Funds from the fee will be dedicated to black bear research and management. Changes the Six-Day Nonresident Big Game Hunting License to a Ten-Day License.
Amends GS 113-270.5(b) and GS 113-271(d), repealing the Resident County Trapping License and the Resident County Inland Fishing License.
Amends GS 113-272.2(c), repealing the Resident Noncommercial Special Device License and the Nonresident Noncommercial Special Device License and providing for only the Resident Special Device License and the Nonresident Special Device License (current law has these two licenses labeled as "Commercial" licenses, this language is now deleted).
Amends GS 113-291.1(b), adding language providing that the WRC cannot establish rules that allow the taking of a black bear with the use and aid of any kind of bear bait. Also prohibits the WRC from making rules that allow the taking of a bear while it is consuming bait.
Repeals Chapter 828 of the 1981 Session Laws, a local act prohibiting the taking of a black bear with bait.
Amends GS 113-26, exemptions and exceptions to license and permit requirements, providing that landowners are not exempt from the requirement to obtain a bear management stamp before the taking of a black bear on their property. Amends GS 113-276(n), updating statute citations.
Amends GS 113-270.1(b), concerning licensing agents, providing that license agents can charge a fee of $2 per transaction for the issuance of licenses or permits (was, can deduct a fee of up to 6% from the amount collected for each license or permit).
Amends GS 113-270.1B by adding a new subsection (c) providing that for licenses sold directly through the WRC, the WRC can charge a fee of $2 per transaction. Prohibits a fee from being charged for the federal Harvest Information Program certification, big game harvest report cards for lifetime license holders, exempt landowners, persons of less than 16 years of age, or for any other license or vessel transactions that do not carry a charge.
Amends GS 75A-5.2(c), to increase the surcharge levied and received by vessel agents for certain transactions. Provides that the surcharge will be added to the fee for each certificate issued.
Amends GS Chapter 143 by adding a new section, GS 143-249.1, operating budget, providing that no more than 25% of the certified operating budget of the WRC is allowed to accumulate in a cash balance. Provides that it is the intent of the General Assembly to implement nonrecurring reductions in subsequent fiscal years in the amount equal to the cash balance that exceeds 25% of the authorized operating budget in the prior fiscal year.
Amends GS 143-250.1 by adding a new subsection that provides that when the cash balance in the Wildlife Endowment Fund is equal to or greater than $100 million, the WRC will budget at least 50% of the annual expendable interest from the Fund to implement the conservation goals found in the WRC's strategic plan.
The WRC is directed to adopt rules to establish fees for the hunting, fishing, trapping, and activity licenses issued and administered by the WRC. However, no rule to increase fees above January 1, 2015, levels may increase a fee in excess of the average increase in the Consumer Price Index for All Urban Consumers over the preceding five years. Provides that effective January 1, 2015, the statutory fees for the hunting, fishing, trapping, and activity licenses issued and administered by the WRC will remain at the levels existing on that date until the rules required to be adopted by the WRC become effective. Provides that the statutory fees for the hunting, fishing, trapping, and activity licenses issued and administered by the WRC will expire when the WRC's adopted rules become effective.
Provides that all discounted licenses for persons at least 65 years of age provided for in GS 113-270.1D(b), 113-271(d), 113-351(c), and 113-174.2(c) for which the age requirement is increased from 65 to 70 by this act will remain available at age 65 for persons born on or before August 1, 1953.
Amends the enactment clause, providing that Sections 1 through 11 and Sections 14 and 21 of the act become effective August 1, 2014. Sections 12 and 13 are effective when they become law. Sections 15, 16, 17, and 18 of the act become effective January 1, 2014. Section 20 becomes effective January 1, 2015. The remainder of this act becomes effective July 1, 2013.
Senate committee substitute to the 3rd edition makes the following changes.
Amends GS 58-86-95 to provide that if a member who is in service and has not received 20 years of fully credited service on December 1, 2013, is convicted of an offense listed in new GS 58-86-100 (was, GS 126-38.5) for acts committed after December 1, 2013, then that member is not entitled to any fully credited service that accrued after December 1, 2013.
Senate committee substitute makes the following changes to the 2nd edition.
Amends GS 128-28(c), providing that five members (was, six members) from the Board of Trustees of the Teachers' and State Employees' Retirement System will be appointed to the Supplemental Retirement Board of Trustees. Requires the Governor to appoint eight members (was, six), to the Supplemental Retirement Board on April 1 of years in which an election is held for the office of Governor, or as soon thereafter as possible. Makes conforming changes.
Amends GS 135-97, concerning immunity for those serving on the Supplemental Retirement Board, making technical and clarifying changes.
Senate committee substitute makes the following changes to the 2nd edition.
Amends GS 135-5(m2) to allow a member of the Teachers' and State Employees' Retirement System (TSERS) who became a member of the Supplemental Retirement Income Plan (SRIP) before retiring and who remains a memberto make a one-time election to transfer eligible balances, not including any Roth after-tax contributions and earnings, from specified plans to SRIP, subject to applicable SRIP requirements, and then through SRIP to TSERS. Provides a list of the specified plans.
Provides that an individual who transfers an eligible retirement plan under subsection (m2) to TSERS is taxed for state income tax purposes on the special retirement allowanceas if that special retirement allowance was paid directly by the eligible plan or the plan through which the transfer was made, whichever is most favorable to the member.
Prohibits an eligible plan from assessing a fee specifically related to a transfer of accumulated contributions, but does not prohibit other fees assessable under the plan. Requires each plan, contract, account, or annuity to fully disclose to any member participating in a transferany surrender chargesor other fees contemporaneously with the initiation of the transfer by the member.
Makes organizational changes to this section.
Amends new GS 135-151(c) to provide that the supplemental benefit paid under the Qualified Excess Benefit Arrangement (QEBA) is taxable under NC law in the same manner as the benefit paid under TSERS. Amends new GS 128-38.10 (providing for QEBA under the Local Governmental Employees' Retirement System [LGERS]) to make identical provision regarding the taxability of the supplemental benefit paid under QEBA. Effective January 1, 2014.
Amends GS 135-3(8)d to provide that a beneficiary who retired on an early or service retirement allowance and then returns to service as a teacher or employee and earns at least three years membership servicemust have creditable service earned while receiving disability benefits under GS Chapter 135, Article 6, counted as membership service for purposes of computing the member's retirement allowance. Effective January 1, 2012, and applies to persons retiring on or after that date.
Amends GS 135-4(ff) pertaining to retroactive membership in TSERS. Provides that a member reinstated to service retroactively to the date of prior involuntary termination, with back pay, may be allowed membership service after submitting clear and convincing proof of the reinstatement, payment of the back pay, and restoration of associated benefits. Provides criteria for when the reinstatement is by courtorder and criteria when reinstatement is by settlement agreement. Makes identical amendments to GS 128-26(v) pertaining to retroactive membership service in LGERS.
Adds a severability clause to this act. Amends the title of the act to reflect changes to the content.
Except as otherwise indicated, this act becomes effective July 1, 2013 (was January 1, 2014).
Senate committee substitute to the 3rd edition makes the following changes.
Amends GS 108A-29.1 to delete the current requirements for identification and treatment and to instead require drug screening for each applicant or recipient of Work First Program (WFP) assistance when the Department of Health and Human Services (DHHS) reasonably suspects the person is engaged in the illegal use of controlled substances. Makes the person who is tested responsible for the cost of the drug screening. Directs DHHS to provide notice of drug screening to each applicant or recipient. Also specifies that the applicant or recipient be advised that the drug screening may be avoided if the applicant or recipient does not apply for WFP assistance. Provides that dependent children under the age of 18 are exempt from the requirements of this section. Lists additional requirements which DHHS is to enforce under this section.
Provides that if an individual tests negative for controlled substances, DHHS is to increase the amount of the initial WFP assistance in an amount equal to the cost the applicant or recipient paid for the drug testing. Designates a person who tested positive for controlled substances as ineligible for WFP assistance for one year from the date of the positive drug test, except permits the ineligible person to reapply for WFP if the person can document the successful completion of a substance abuse treatment program offered by area mental health authorities and licensed by DHHS. Requires that the person reapplying pass a drug test. Provides that the cost of any drug testing and substance abuse program is the responsibility of the person being tested or receiving treatment. Provides additional guidelines regarding ineligibility for persons who test positive for controlled substances more than once.
Directs the Social Services Commission to adopt rules for the testing of applicants and recipients under this section.
Deletes provision that permitted the requirements of this section under current law to the waived or modified as necessary in the case of individual applicants or recipients to the degree necessary to comply with Medicaid eligibility provisions.
Provides that a criminal record check of a WFP applicant or recipient that shows a conviction, arrest, or outstanding warrant within three years before the date the check is conducted relating to illegal controlled substances constitutes reasonable suspicion that requires drug testing.
Requires that DHHS report to the General Assembly by July 1, 2014, on the implementation of the act.
Adds a severability clause to the act.
Changes the effective date of the act from July 1, 2013, to October 1, 2013.
Amends the act's short and long titles.
Conference report makes the following changes to the 3rd edition.
Amends GS 35A-1213(f) to allow an individual contracting with or employed by an entity contracting with a LME for mental health, developmental disabilities, and substance abuse services to serve as a guardian for a ward for whom the services are provided if the person is a member of the ward's immediate family and under contract with an LME for the delivery of services and was serving as a guardian on January 1, 2013 (was, a member of the ward's immediate family, a licensed family foster care provider, or a licensed therapeutic foster care provider under contract for the delivery of services and serving as a guardian as of January 1, 2013).
|Intro. by Jones, Avila, Glazier, Turner.||GS 35A|
Senate committee substitute to the 4th edition makes the following changes.
Adds a whereas clause.
Gives the State Board of Education continuing authority to cap nonteaching experience credit for Junior Reserve Officer Training Corps instructors.
Requires the State Board of Education to report to the Joint Legislative Education Oversight Committee by February 28, 2014 on the rules to implement the act.
Deletes the required State Board of Education study and the related reporting requirement.
Updates the act's short and long titles.
|Intro. by Murry, Whitmire, Szoka, Pierce.||UNCODIFIED|
AN ACT TO STRENGTHEN THE ECONOMY THROUGH STRATEGIC TRANSPORTATION INVESTMENTS. Enacted June 26, 2013. Effective July 1, 2013, except as otherwise provided.
The Daily Bulletin: 2013-06-26
House amendments to the 4th edition make the following changes.
Amendment #1 states the General Assembly's intent that state marketing and rebranding functions performed by regional economic development commissions be performed by the Department of Commerce or a North Carolina nonprofit on and after January 1, 2014, and that funds appropriated for those functions will be available to the Department on or after that date. Deletes the provision allowing the Department of Commerce to retain 50% of the appropriation for state marketing and rebranding if Senate Bill 402 becomes law and appropriates money to the regional economic development commissions.
Amendment #2 amends GS 143B-431A to clarify that members of the Economic Development Oversight Committee appointed by the Speaker of the House or the President Pro Tempore of the Senate may not be General Assembly members. Amends the Committees's duties to clarify that the complaints that they can receive, review, and refer are those regarding the contract or the performance of the nonprofit corporation, and allows the Committee to perform any other duties the Committee deems necessary (was, any other duties set forth in the contract). Clarifies that each member of the Committee appointed by the Governor must have expertise in the specified issue areas. Makes technical changes.
Amends the duties of the Revisor of Statutes concerning making conforming changes and corrections.
Amendment #3 amends GS 143B-431A to provide that if the Department of Commerce contracts with a state nonprofit corporation to promote and grow the travel and tourism industries, then all funds appropriated to the Department for tourism and marketing purposes must be used for a research-based comprehensive marketing program directed toward consumers in key markets most likely to travel to the state and not for ancillary activities. Also amends the statute to require that the membership of the governing board of the NC nonprofit corporation include expertise in tourism, as jointly recommended by the North Carolina Travel and Tourism Coalition and the North Carolina Travel Industry Association (was, recommended by the North Carolina Travel and Tourism Coalition).
Amendment #4 amends GS 143B-472.81 to require one member of the North Carolina Board of Science, Technology, and Innovation be a member of a state or federally recognized North Carolina Indian Tribe.
House amendment to the 3rd edition makes the following changes. Amends GS 115C-238.29F, GS 115C-548, GS 115C-556, and GS 115C-565 to require that information be given to charter school students, private church school or religious charter school students, nonpublic school students, and home school students on the preventable causes of preterm birth in subsequent pregnancies, including induced abortion, smoking, alcohol use, illicit drug use, and inadequate prenatal care. Makes conforming changes to the act and the act's long title.
|Intro. by Daniel, Tillman, Randleman.||GS 115C|
Senate committee substitute makes the following changes to the 1st edition.
Amends the short and long title.
Amends GS 116-40.22, providing that the UNC Board of Governors can provide for the implementation and expansion of electronic commerce infrastructure and capabilities among UNC System constituent institutions, allowing for the contracting with service providers in order to allow for increased efficiencies, technical capabilities, uniformity, and best practices of contemplated service providers.
Amends GS 105-275, property classified and excluded from the tax base, to add a new subsection that provides that improvements to real property that are (1) owned by social fraternities, sororities, and similar college, university, or high school organizations and (2) located on land owned by or allocated to UNC or one of its constituent institutions are excluded from the tax. Effective for taxes imposed for taxable years beginning on or after July 1, 2013.
House committee substitute to the 2nd edition makes the following changes.
Amends GS 75A-6.1(c) to make a violation of any rule governing navigational lighting a Class 3 misdemeanor (was, violation of the navigation rules in (a) of the statute are an infraction).
Deletes proposed changes to GS 75A-17(f), which would have decreased the punishment level for failing to slow to a no-wake speed when passing within 100 feet of a law enforcement vessel displaying a flashing blue light.
Amends GS 75A-18 to make it a Class 3 misdemeanor, subject to a fine of no more than $250, to violate the Boating Safety Act. Makes it an infraction, with a $50 fine, to violate a rule adopted by the Wildlife Resources Commission under the authority of GS Chapter 75A (was, an infraction to violate a provision of the Boating Safety Act or violate a rule adopted under authority of the Chapter). Provides that a person convicted of an infraction is not assessed court costs.
Amends GS 113-294 to make it a Class 1 misdemeanor to unlawfully take, possess, or transport elk, no matter where the elk is located (was, take, possess, or transport elk from state-owned land).
House committee substitute makes the following changes to the 3rd edition.
Amends GS 99B-12 to add the following to the requirements to be met in order for commodity producers to be entitled to a rebuttable presumption that they were not negligent when consumption of the producer's raw agricultural commodity is the proximate cause of death or injury: the producer (1) has a written food safety policy complying with the certification program's standard and can provide evidence that the producer trains employees on the policy annually and (2) has had no administrative findings or sanctions, legal judgments, or settlements of complaints against the producer during the previous three years based on a claim that the commodity producer's negligence was the proximate cause of a plaintiff's death or illness.
Amends GS 99E-5 to amend the definition of farm animal activity to mean an activity in which participants engage with farm animals (was, participants observe, engage with, or lean about farm animals), including the specified activities.
Deletes Part XV of the act, Water Quality Permit Not Required for Activities in Wetlands That Are Not Waters of the United States.
Amends SL 2005-279, Section 19.5(a), as amended, to add that no state agency, university, or community college shall alter its petroleum displacement plan in a way that increases the amount of the petroleum products consumed.
Amends the act's long title.
House committee substitute deletes the provisions of the 1st edition and instead provides as follows.
Directs the Department of Transportation (DOT) to study and evaluate a pilot implementation of a maximum speed limit of 75 miles per hour on up to four controlled access highways. Requires that the study and pilot implementation include five elements, including evaluating the effect of a 75 miles per hour speed limit on motor vehicle insurance rates and analyzing the effect of a 75 miles per hour speed limit on the current state penalty structure for speeding and possible changes to that structure. Requires DOT to report to the Joint Legislative Transportation Oversight Committee on its findings and recommendations by January 31, 2014. Requires the report to include a proposal for a pilot program on up to four segments of controlled access highways.
Updates the act's titles.
|Intro. by Hunt, Rabon, Harrington.||STUDY|
House committee substitute makes the following changes to the 2nd edition.
Makes a conforming change to GS 20-183.7(a), deleting a reference to inspection stickers.
Amends GS 20-183.7A (safety violations) todelete changes from the previous edition and revert to current law, which requiresthe Division of Motor Vehicles (DMV)to take the specified actions for violations (was, theDMVmay take the specified actions). Clarifies the length of the license suspension as 180 days for a first or second Type I violation within three years. Authorizes the DMV to stay a term of suspension for the first Type I violation by a safety inspection stationif the station agrees to follow reasonable terms and conditions imposed by the DMV. Also provides that the DMV may, at its discretion, run suspensions for multiple violations in separate safety inspections concurrently.
Amends GS 20-183.7B to modify the list of Type I, II, and III safety inspection violations.
Amends GS 20-183.8B (emissions violations), authorizing the DMV to stay a term of suspension for the first Type I violation by an emissions inspection station if the station agrees to follow reasonable terms and conditions imposed by the DMV. Provides that if two or more violations occur in a single emissions inspection, the DMV is to takeaction only on the most significant violation. Provides that if there are multiple violations in separate emissions inspections, the DMV is to consider each violation as a separate occurrence and impose a separate penalty for each violation. However, authorizes the DMV, at its discretion, torun suspensions concurrently. Clarifies the duration of the license suspension as 180 days for Type I violations.
Amends GS 20-183.8C to modify the list of Type I, II, and III emissions inspection violations.
Amends GS 20-183.8G(f) (administrative and judicial review) to conform the administrative and judicial review provisions governing safety and emissions inspection violations to reflect the changes made regarding safety and emissions inspections in this act.
Provides that each of the preceding provisions, representing Sections 1-6 of this act, become effective October 1, 2013. The following provisions, constituting Sections 7-12 of this act areeffective when the act becomes law.
Amends GS 20-305(30), extending the deadlinefor certain established manufacturer programs that vary the price charged to its franchised dealers in the state, although the programs would otherwise be unlawful under GS 20-305, to continue in effect until June 30, 2018 (was, June 30, 2014).
Amends GS 20-305 by adding new subsections GS 20-305(44-48),adding to theconduct considered unlawfulon the part of any manufacturer, factory branch, distributor, distributor branch, field representative, officer agent, or any other representative as follows:
- GS 20-305(44), providing it is unlawful, aside from other conditions or agreements, to require, coerce, or attempt to coerce any new motor vehicle dealer to refrain from displaying any sports-relatedhonors, awards, photos, display, or other artifacts related to the dealership, dealer principal, or any owners or other officials of the business.
- GS 20-305(45), providing it is unlawful, aside from other conditions or agreements, todiscriminate against any new motor vehicle dealer for offering service contracts or other products that are not approved, endorsed, or offered by the manufacturer or affiliates. This discrimination includes, but is not limited to, the following: requiring or coercing a dealer to exclusively offer their service contracts or similar products, taking or threatening adverse action against a dealer for offering such unendorsed products, measuring performance of a franchise in any part based on the sale of the endorsed or approved products of the manufacturer, requiring a dealer to promote the sale of the manufacturer's products, or considering the dealer's sale of the approved or endorsed products in determining eligibility to purchase vehicles or parts, the volume of vehicles or parts the dealer can purchase, the price of anything bought from the manufacturer, and the availability ofvehicle discounts, credits, special pricing, or rebates. Includes language stating examples of actions by a manufacturer which are not considered discrimination.
- GS 20-305(46), providing it is unlawful to require, coerce, or attempt to coerce a dealerto purchase goods or services from a vendor specified, selected, identified, or designated by a manufacturer or affiliate when the dealer may obtain goods or services of substantially similar quality and design from a dealer-selected vendor with prior approval.Allows dealersto file a protest with the Commissioner of Motor Vehicles (Commissioner) in certain circumstances.
- GS 20-305(47), providing it is unlawful to fail to provide to a dealer the right to purchase or lease signs or other franchisor image elements of like kind and quality from a vendor selected by the dealer.
- GS 20-305(48), providing it is unlawful to unreasonably interfere with a dealer's independence in staffing the dealership by requiring the hiring of specific individuals, for specific positions, or by requiring the approvalby the manufacturer or affiliate.
Amends GS 20-305.2 (Unfair methods of competition), creating a new subsection GS 20-305.2(e), stating that an unfair method of competition includes any warranty fix, repair, update, or adjustment made or provided directly by a manufacturer or distributor to anyvehicle in the state without the direct participation of a dealer franchised by the manufacturer or distributor and without such dealer receivingreasonable compensation. Adds new subsection (f) to declare that no claim or cause of action may be brought against a dealer in this state arising out of any warranty repair, fix, repair, or update that was provided by the manufacturer or distributor without the direct participation of the dealer. Requires any manufacturer or distributor who violates this provision to fully indemnify and hold harmless any dealer in this state for claims, judgments, damages, attorneys' fees, litigation expenses, and all other costs arising out of the actual or attempted fix, repair, update, or adjustment.
Amends 20-305.7 (Protecting dealership data and consent to access dealership information), making conforming,technical, and clarifying changes. Extends the provisions concerning direct access to a dealer's computer system so that it also applies to a third party approved, referred, endorsed, authorized, certified,granted preferred status, or recommended by a relevant party. Extends the hold harmless provision in (g2) to also include costs related to the disclosure of security breaches and computer system costs.
Amends GS 20-305.1 (Automobile dealer warrant obligations), making clarifying and technical changes. Amends GS 20-305.1(a1),stating any reasonable rate determined at a hearing conducted pursuant to this section will be effective as of 60 days after the date of the dealer's initial submission of the customer-paid service orders to the manufacturer or distributor.
Includes "batteries and light bulbs" in the list included inGS 20-305.1(a2) of work that is excluded when calculating the retail rate customarily charged by the dealer for parts and labor, for purposes of this section.
Provides that terms and provisions of Sections 7-12 ofthis actare applicable to all currentand future franchises and other agreements in existence between any new motor vehicle dealerin this state and a manufacturer or distributor as of the effective date of this act.
Includes a severability clause, providing that if any provision of this act is found to be invalid, the remainder of the act would still be valid to the extent that it may be given effect without the invalid provisions.
Amends the act's short and long titles.
|Intro. by Rabon.||GS 20|
The Daily Bulletin: 2013-06-26
Senate committee substitute to the 3rd edition makes the following changes. Amends GS 158-42 to delete the provision removing a county from the Region upon acceptance of the disbursement.
Expands the scope of the act so that it also applies to Carteret, Duplin, Edgecombe, Greene, Jones, Lenoir, Nash, Onslow, Pamlico, Pitt, Wayne, and Wilson counties.
|Intro. by Speciale.||Carteret, Craven, Duplin, Edgecombe, Greene, Jones, Lenoir, Nash, Onslow, Pamlico, Pitt, Wayne, Wilson, GS 158|
AN ACT TO ALLOW THE BOARD OF COMMISSIONERS OF RUTHERFORD COUNTY TO SERVE EX OFFICIO AS THE RUTHERFORD COUNTY AIRPORT AUTHORITY. Enacted June 26, 2013. Effective June 26, 2013.
|Intro. by Hager.||Rutherford|
AN ACT TO ALLOW CERTAIN COUNTIES TO REMOVE ABANDONED VESSELS FROM NAVIGABLE WATERS. Enacted June 26, 2013. Effective June 26, 2013.
The Daily Bulletin: 2013-06-26
Actions on Bills: 2013-06-26
H 176: CHARTER SCHOOL ELECTION.
H 241: BLUE MONDAY SHAD FRY.
H 259: HONOR EDWARD L. WILLIAMSON.
H 331: HOAS/UNIFORM LIEN PROCEDURE.
H 462: INCREASE FAMILY COURT FEE.
H 664: CELL TOWER DEPLOYMENT ACT.
H 686: NC SEAFOOD PARK/NAME CHANGE.
H 819: HONOR BOBBY HAROLD BARBEE.
H 830: ADOPT STATE SYMBOLS.
S 444: UNC/CHEROKEE LANGUAGE.
S 461: CDL CHANGES.
S 635: TRANSMISSION LINE OWNERSHIP.
S 638: NC FARM ACT OF 2013.
Actions on Bills: 2013-06-26
H 261: KANNAPOLIS/DEANNEXATION.
H 318: WINSTON-SALEM/SEISMIC CODES.
H 409: SHELBY DEANNEXATION.
H 421: MARSHVILLE DEANNEXATION.
H 490: LEE COUNTY ELECTIONS.
H 567: LUMBERTON DEANNEXATION.
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