Identical to H 971, filed 4/26/16.

Amends GS 143-341(8) concerning the general services duties of the Department of Administration, updating language so that the Department of Administration has to establish and operate a central motor fleet (previously referred to a central motor pool). Updates and makes conforming changes to the remainder of the applicable statute. Adds clarifying language providing nothing in GS 143-341(8)i(7) can be construed to prohibit the Department of Administration from contracting with vendors for short-term rental motor vehicles. Makes technical corrections and corrects internal citation references throughout. 

Directs the Department of Environmental Quality (Department) to study whether the requirements for an interbasin transfer are necessary for intrabasin transfers within the same river basin.  Specifically directs the Department to consider whether the requirements for intrabasin transfers should be adjusted based on the topography and geographic regions of the State.  Requires the Department to report the results of the study and any recommendations to the Environmental Review Commission no later than December 1, 2016.

Directs the Department of Environmental Quality (Department) to study (1) whether the size of riparian buffers required for intermittent streams should be adjusted and (2) whether the allowable activities within the buffers should be modified.  Requires the Department to report the results of the study and any recommendations to the Environmental Review Commission no later than December 1, 2016.

Amends GS 130A-290 to define the term yard trash to mean solid waste resulting from landscaping and yard maintenance, including brush, grass, tree limbs, and similar vegetative material. Adds and defines the term yard waste to mean yard trash and land-clearing debris, including stumps, limbs, leaves, grass, and untreated wood.

Amends GS 130A-294 by adding that yard waste diverted from the waste stream or collected as source separated material is not subject to a solid waste permit for transfer, treatment, processing, storage, or disposal in a permitted solid waste management facility. Specifies that operators of facilities where yard waste is subject to transfer, treatment, processing, storage, or disposal must: (1) submit a notification of the yard waste facility to the Department on a prescribed form, signed and notarized by the landowner where the facility is located and the facility operator; (2) file the notification form for recordation in the Register of Deeds’ Office; (3) comply with all other federal, state, or local laws, ordinances, rules, regulations, or orders.

Prohibits the Commission for Public Health from requiring a solid waste permit for the transfer, treatment, processing, storage, or disposal of yard waste. Requires the Commission to adopt a rule identical to this prohibition that will replace or modify the Treatment and Processing Facilities Rule and any other rule in Chapter 15A of the Administrative Code that requires a solid waste permit for the transfer, treatment, processing, storage, or disposal of yard waste. The rules adopted under this requirement are not subject to GS 150B-21.9 through GS 150B-21.14 (all concerning steps in rule review process by the Rules Review Commission) and become effective as though 10 or more written objections have been received.

Applies to the transfer, treatment, processing, storage, or disposal of yard waste occurring on or after July 1, 2017.

Identical to H 993, filed 4/27/16.

Enacts five new sections to Article 4 of GS Chapter 106 to provide provisions for the enforcement by the Department of Agriculture and Consumer Services (DACS) of bedding laws governing improperly made, sanitized or tagged bedding.

Enacts new GS 106-65.105A as follows. Allows an authorized agent of DACS (agent) to tag an item that has been detained or embargoed for violation of Article 4 if the agent finds or has probable cause to believe the bedding is unsanitary, mislabeled, unsafe for its intended use, a danger to the public or is otherwise in violation of Article 4. Establishes that it is a violation of Article 4 to alter a tag, or to remove or dispose of a detained or embargoed item by sale or otherwise, without permission, and that the tag or marking must include a warning that it is a violation to remove or dispose of a detained or embargoed item without permission.  Authorizes an agent to petition a judge of the district or superior court in whose jurisdiction the item is detained or embargoed for an order of condemnation of the item.  Directs the agent to remove the tag or marking is it is found that the item detained or embargoed is not in violation of Article 4. Directs that the item detained or embargoed must either (1) be destroyed at the expense of the claimant and under the supervision of the agent, after entry of the decree, if the item is found to be in violation of Article 4, or (2) if the item is found to be in violation of Article 4 and the violation can be corrected by proper labeling or processing, the court can, after entry of the decree and a conditioned bond is executed, order that the item be delivered to the item's claimant for that correction under the supervision of an agent, where the any bond paid must be returned to the claimant by representation to the court by DACS that the item is no longer in violation of Article 4. Directs that all court costs and fees, storage, and other proper expenses are borne by the claimant of the item or the claimant's agent.  Directs that the expense of DACS's supervision be paid by the claimant.

Enacts GS 106-65.105B to authorize the Commissioner of DACS (Commissioner) to apply to the superior court for, and provides that the superior court will have jurisdiction upon hearing and for cause shown to grant, a temporary or permanent injunction restraining any person from violating any provision of Article 4 or any rule promulgated under Article 4, whether or not there exists an adequate remedy of law.

Enacts GS 106-65.105C as follows. Authorizes the Commission to access a civil penalty not to exceed $2,500 per violation against any person, firm or corporation that violates or directly causes a violation of any provision of Article 4, or rule promulgated under Article 4, or order of the Commissioner.  Allows the Commissioner to consider any continued or repeated violation after written notice to constitute separate violations subject to separate penalties.  Directs the Commissioner to consider the degree and extent of harm caused or potentially caused by the violation in determining the amount of the penalty. Requires the Commissioner to give the person written notice of the violation and a reasonable period of time to correct the violation before assessing a civil penalty, unless the Commissioner determines the violation has the potential to cause future physical injury or illness. Allows the Commissioner to consider the training and management practices implemented by the person, firm or corporation for the purpose of complying with Article 4 as a mitigating factor when determining the amount of the civil penalty.  Requires the Commissioner to remit the clear proceeds of the civil penalties assessed under GS 106-65.105C to the Civil Penalty and Forfeiture Fund pursuant to GS 115C-457.2.

Enacts new GS 106-65.105D as follows. Establishes that any person, firm, or corporation that violates Article 4, or any rules, regulations, or standards promulgated under Article 4, will be guilty of a Class 2 misdemeanor. Establishes that any person, firm, or corporation that provides the Commission or a duly authorized agent of the Commissioner with false or misleading information in relation to a license application or renewal, inspection, or investigation authorized by Article 4 will be guilty of a Class 2 misdemeanor. Establishes that any person, firm, or corporation that alters or removes a tag indicating that an item has been detained or embargoed under GS 106-65.105A(a) without first receiving permission from the court or a duly authorized agent under Article 4 will be guilty of a Class 2 misdemeanor. Establishes that any person, firm, or corporation that removes or disposes of any item detained or embargoed under GS 106-65.105A(a) without first receiving permission from the court or a duly authorized agent under Article 4 will be guilty of a Class 2 misdemeanor. Establishes that any person who willfully assaults, resists, opposes, impedes, intimidates, or interferes with any person while engaged in or on account of the performance of the person's official duties under Article 4 will be guilty of a Class 2 misdemeanor, or if any person uses a deadly weapon in the commission of such acts, will be guilty of a Class 1 misdemeanor. Established that any person that continues to violate or further violates any provision of Article 4 after written notice from the Commissioner, the court may determine that each day during which the violation continued or is repeated constitutes a separate violation.

Enacts GS 106-65.105E to clarify that nothing in Article 4 is to be construed to require the Commissioner to initiate, or attempt to initiate, any criminal or administrative proceeding under Article 4 for minor violations of Article 4 whenever the Commissioner believes that the public interest will be adequately served by a suitable written notice or warning.

Effective December 1, 2016, and applies to offenses committed on or after that date.

Directs the Department of Transportation (DOT) to name the Cape Fear River Bridge located in the Town of Tar Heel in Bladen County the "David B. Melvin Memorial Bridge," notwithstanding GS 136-18(8) that grants the DOT the power to give suitable names to state highways or change the names as determined by the Board of Transportation of any highways to become part of the State system of highways, or any other provision of law to the contrary.  

Appropriates $1,000 in nonrecurring funds from the Highway Fund to the DOT for the 2016-17 fiscal year to be used for signage displaying the name of "David B. Melvin Memorial Bridge."

Effective July 1, 2016.

Directs the UNC School of Government (SOG), together with the Director of Procurement, Contracts and Grants at the Department of Health and Human Services (DHHS), to prepare a proposal for the design, implementation and administration of a contracting specialist training program for management level personnel within DHHS.  Requires the SOG and DHHS to submit the design proposal to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division by August 1, 2016, and to submit the proposal for implementation and administration, including budget estimates, to the House Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, and the Fiscal Research Division for consideration during the 2017 Regular Session.

Makes technical, clarifying and conforming changes to provisions in SL 2015-286, Section 4.9(a); SL 2015-286, Section 4.9(b), (c) and (d); and SL 2015-241, Section 14.20(e) (as amended by SL 2015-286, Section 4.9(d)).  Effective retroactively to July 1, 2015.

Amends SL 2015-241, Section 14.20(f), as amended by SL 2015-286, Section 4.9(d), and provides that GS 130A-294(b1)(2), which requires a person to franchise the operation of the sanitary landfill from each local government that has jurisdiction prior to applying for a permit for a sanitary landfill, as amended, applies to franchise agreements that (1) are executed on or after October 1, 2015, and (2) are executed on or before October 1, 2015, if all parties to the agreement consent to modify the agreement for the purpose of extending the agreement’s duration to the life-of-site of the landfill for which the agreement was executed.  Amends GS 130A-294(b1)(2) to limit the franchise granted to a sanitary landfill for the life-of-site of the landfill to a period of 60 years.  Amends GS 160A-319 to clarify that no franchise shall be granted for a period of more than 60 years, including a franchise granted to a sanitary landfill for the life-of-site of the landfill under GS 130A-294(b1), provided that a franchise for solid waste collection or disposal systems and facilities, other than sanitary landfills (was, a franchise for solid waste collection or disposal systems and facilities) cannot be granted for a period of more than 30 years. 

Amends GS 153A-136(a)(3) to provide that a county may regulate the storage, collection, use, disposal, and other disposition of solid waste by an ordinance that grants a franchise the exclusive right to commercially collect or dispose of solid waste within a defined portion or all of the county, and set terms of any franchise, provided no franchise is granted for a period of more than 30 years unless a franchise granted to a sanitary landfill for the life-of-site of the landfill under GS 130A-294(b1) cannot exceed 60 years (was, may set the terms of any franchise, except no franchise may be granted for a period of 30 years). 

Applies to franchise agreements that were (1) executed on or after October 1, 2015, and (2) executed on or before October 1, 2015, if all parties to the agreement consent to modify the agreement for the purpose of extending the agreement’s duration of the life-of-site of the landfill for which the agreement was executed. Effective retroactively to July 1, 2015.

Identical to H 1005, filed 4/27/16.

Amends GS 87-97, Permitting, inspection, and testing of private drinking water wells, by enacting a new subsection (j1) that provides that no state agency, local board of health, or local health department can issue a health advisory for the presence of a contaminant in a newly constructed or other well unless it falls into one of three listed circumstances: (1) a maximum contaminant level (MCL) or a treatment technique (TT) has been adopted by federal law and the MCL or TT has exceeded that, (2) a MCL or TT has been enacted by state law and the MCL or TT has exceeded that, or (3) an interim maximum allowable concentration has been established for a substance in the context of a State-led investigation under 15 NCAC 02L .0202.  Provides that this new subsection (j1) is not to be construed or implemented in conflict with federal law or to limit the authority of the Department of Health and Human Services (Department) to require investigation, initial response, or remediation of environmental contamination under any provision of State law necessary to address an imminent threat to public health, safety or welfare, or the environment. Amends subsection (l), providing that GS 87-97 cannot be construed to limit any authority of local boards of health, local health departments, the Department, or the Commission for Public Health to protect the public health, except as limited by new subsection (j1) (currently, no exception).

Amends GS 130A-315, Drinking water rules; exceptions; limitation on implied warranties, by adding a new subsection (h) that bars the Department from issuing or directing any unit of local government to issue a health advisory for the presence of a contaminate in a public water system unless it falls into one of three listed circumstances, identical to those in GS 87-97 new subsection (j1).  Provides that this new subsection (h) is not to be construed or implemented in conflict with federal law or to limit the authority of the Department to require investigation, initial response, or remediation of environmental contamination under any provision of state law necessary to address an imminent threat to public health, safety or welfare, or the environment.

Identical to H 961, filed 4/26/16.

Amends GS 96-15.3 to specify that the purpose of the Board of Review (BOR) includes developing, documenting, and adopting the policies, procedures, and standards necessary to ensure consistency and continuity of higher-level appeals operations. Requires that the BOR be supported by adequate legal and support staff and requires staff to report to the Chair of the BOR. BOR staff is required to perform its duties and responsibilities independent of the Governor, General Assembly, Department of Commerce (Department), and the Division of Employment Security (DES) and in accordance with any written guidance from the US Department of Labor. Requires DES to assist BOR in collecting and tracking data needed to support appeals operations and to make improvements to those operations. Specifies minimum data that is to be tracked.

Effective July 1, 2016, requires DES to transfer at least two attorney and four administrative staff positions within DES to the control of BOR. Requires DES to transfer $415,000 for the 2016-17 fiscal year from the funds appropriated to DES for the administration of the Unemployment Insurance program to pay the BOR staff costs. Requires the Department to report on the transfer by October 1, 2016, to the chairs of the Joint Legislative Oversight Committee on Unemployment Insurance and the chairs of the Joint Natural and Economic Resources Committee of the Senate and House Appropriations Committees.

Requires the BOR, by October 1, 2016, to adopt policies, procedures, and standards for higher level appeals in accordance with GS 96-15.3.

Requires the BOR, by November 1, 2016, to track data in accordance with GS 96-15.3.

Identical to H 1007, filed 4/27/16.

Amends GS 93B-5(g) concerning required training for occupational licensing board (OLB) members, adding a requirement that OLB members must also now receive training within the first six months and at least every two years on federal antitrust law and state action immunity

Enacts new GS 93B-17 to require all OLBs to adopt rules for the receipt and resolving of complaints, disciplinary or enforcement actions against licensees, as well as for actions against those not licensed by the board.  Also requires OLBs to adopt as rule any interpretation, clarification or delineation of the board's scope of practice.

Enacts GS 93B-18 giving OLBs the authority to investigate unlicensed activity as well as to notify unlicensed persons and entities of possible violations and the possibility of any civil or criminal action or penalty that can be imposed by a court.  Sets out specific, standardized language that must be used when OLBs notify unlicensed persons or entities of possible violations of law.

Enacts GS 93B-19 to provide that the venue for OLBs seeking injunctive relief or for show cause for failure to comply with an OLB subpoena is the superior court where the defendant resides or in the county of the OLB's principal place of business.

Enacts GS 93B-20 concerning injunctive relief providing that any OLB can appear under its own name in superior court for actions seeking injunctive relief as needed to restrain activities in violation of OLB's rules or orders. Prohibits OLBs from issuing such orders on its own volition.

Enacts GS 93B-21 concerning jurisdictional disputes among OLBS, providing for resolution through informal proceedings. If no resolution is reached, provides for resolution by petition to the Office of Administrative Hearings by way of contested hearing.

Enacts GS 93B-22 requiring OLBs to develop and implement a complaint process by which the OLB can electronically on its websites accept complaints as well as provide complainants with a written description of the disposition of complaints.

Directs the Joint Legislative Procedure Oversight Committee to continue to monitor and study the effects of the opinion of the NC State Board of Dental Examiners v. Federal Trade Commission decision.