House amendment #1 adds to the continuing education requirement set out in proposed GS 131E-79.3(d) and GS 131E-147.2(d) to additionally require individuals who qualify to practice surgical technology by meeting the requirements set forth in the exception set out in subsection (f) to satisfy the annual 15-hour continuing education requirement in order for a hospital or an ambulatory surgical facility to contract or employ the individual to practice.

Current law requires the State Board of Education to adopt and establish rules for educator preparation in accordance with six detailed requirements. One of those specifications requires the educator preparation program to ensure that clinical educators who supervise students in residencies or internships are (1) professionally licensed in the field of licensure sought by the student, (2) have a minimum of three years of experience in a teaching role, and (3) have been rated at least at the accomplished level as part of the North Carolina Teacher Evaluation System through formal evaluations and have met expectations as part of student growth in the field of licensure sought by the student. This act adds an alternative to satisfy that third prong, concerning supervisors having been at least rated at the accomplished level, to alternatively allow for clinical educators that are employed by the Department of Defense elementary and secondary schools located in the State and established pursuant to 10 USC 2164 who have been rated as fully successful in all areas of the Department of Defense Education Activity teacher evaluation instrument. Similarly, requires clinical educators employed by the Department of Defense schools to also have met expectations as part of student growth in the field of licensure sought by the student if that student growth measure exists. Makes technical changes. 

Applies beginning with the 2017 fall academic semester.

Amends GS 136­18(17) to authorize and direct the Department of Transportation to maintain and keep in repair any private driveway used by a public school bus for the purpose of turning the school bus around. To be eligible, requires the owner of the driveway to submit written consent to the superintendent of the local school administrative unit authorizing the driveway to be used for that purpose.

Makes technical changes.

Amends GS 143­133.3 to prohibit boards and governing bodies of the State, institutions of State government, and political subdivisions of the State from entering contracts unless the contractor and any subcontractors verify the work authorization of each employee through E­verify. Compliance is satisfied by a term in the contract stating the requirement.

Effective October 1, 2017, and applies to contracts awarded on or after that date.

Amends GS 20-313, which makes it a Class 3 misdemeanor for an owner to operate or permit the operation of a motor vehicle without the required financial responsibility, to require the charging law enforcement officer to have the vehicle driven by the person charged with a violation towed and stored. Authorizes a person in custody of a vehicle towed and stored pursuant to this provision to charge a reasonable fee not to exceed $10 per day. Requires a person in custody of a vehicle towed and stored to release the vehicle to its owner when (1) the owner presents proof to the charging law enforcement agency of financial responsibility required by Article 13 of GS Chapter 20 covering the vehicle for a period of at least six months and the owner receives the charging law enforcement agency's acknowledgment of the owner's compliance and (2) the owner submits to the person in custody of the vehicle the charging law enforcement agency's document acknowledging compliance along with payment in full of any towing and storage costs. 

Establishes that the person in custody of the vehicles has a mechanic's lien on the vehicle for the full amount of towing and storage, and can dispose of the vehicle pursuant to Article 1 of GS Chapter 44A (Possessory liens on personal property) if the owner of a vehicle towed and stored pursuant to the statute's new provisions does not obtain release of the vehicle within 90 days from the date the vehicle was towed and stored. 

Clarifies that the statute does not alter or supersede other law requiring the seizure of a vehicle when a person is charged with a violation of law arising out of the same transaction requiring seizure of the vehicle under this statute.

Makes organizational and clarifying changes. Makes conforming changes to GS 44A-2(d).

Effective December 1, 2017, and applies to charges filed on or after that date. 

Section 1 sets forth seven findings by the General Assembly. 

Section 2

Recodifies GS 160A-400.51(4a) defining eligible facilities request as GS 160A-400.51(4b), and GS 160A-400.51(7a) defining substantial modification as GS 160A-400.51(7b) as those terms apply to Part 3E of Article 19 of GS Chapter 160A (Wireless Telecommunications Facilities).

Makes the following changes to Part 3E of Article 19 of GS Chapter 160A, Wireless Telecommunications Facilities. 

Clarifies that Part 3E does not authorize a city to require construction or installation of wireless facilities or to regulate wireless services other than as set forth in Part 3E. 

Adds applicable codes, city right-of-way, city utility pole, communications service provider, small wireless facility, wireless infrastructure provider, wireless provider, wireless services, and wireless services provider to the defined terms in GS 160A-500.51. Amends the definitions provided for collocation, utility pole, and wireless facility. 

Enacts GS 160A-400.54, providing that a city cannot prohibit, regulate, or charge for the collocation of small wireless facilities except as expressly provided in Part 3E. Defines a small wireless facility as a wireless facility that meets both of the following: (1) each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements, if enclosed, could fit within an enclosure of no more than six cubic feet; and (2) all other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet. Prohibits a city from instituting, either expressly or in practice, a moratorium on filing, receiving, or processing applications, or issuing permits or any other approvals for the collocation of small wireless facilities. Requires small wireless facilities to be classified as permitted uses and not subject to zoning review or approval authorized by Article 19 of GS Chapter 160A (Planning and Regulation of Development) if they are collocated in a city right-of-way within any zoning district or outside of rights-of-way on any property other than property zoned exclusively for single-family residential use. Authorizes a city to require an applicant to obtain a building permit to collocate a small wireless facility so long as the permit is of general applicability and does not apply exclusively to wireless facilities. Details seven requirements a city must comply with in receiving applications for, processing, and issuing building permits to collocate a small wireless facility. Authorizes the city to charge a fee to offset the cost of reviewing and processing applications subject to specified limitations. Prohibits a city from requiring an application for routine maintenance or the replacement of wireless facilities with wireless facilities substantially similar or the same size or smaller. Allows a city to require a permit, subject to the requirements provided by subsections (d) and (e) of the statute (as discussed above), to work within a city right-of-way for the activities of routine maintenance or the replacement of wireless facilities with wireless facilities that are substantially similar or the same size or smaller.

Enacts GS 160A-400.55 prohibiting a city from entering into an exclusive arrangement with any person for use of the city rights-of-way for the construction, operation, marketing, or maintenance of wireless facilities or wireless support structures or the collocations of small wireless facilities. Clarifies that this statute applies to activities of a wireless provider within any city right-of-way. Sets forth qualifications for exemption from zoning review or approval authorized by Article 19 of GS Chapter 160A that a wireless provider wishing to undertake the collocation of wireless facilities and the construction, operation, modification, or maintenance of utility poles, wireless support structures, conduit, cable, and related appurtenances and facilities along, across, upon, and under any city right-of-way must satisfy. Provides that a city cannot prohibit the construction, modification, or maintenance of utility poles, wireless support structures, or wireless facilities that exceed the height limits set forth in subsection (c)(3) if those structures and facilities comply with applicable zoning requirements for the site. Requires applicants for use of a city's right-of-way to comply with the city's undergrounding requirements prohibiting communications service providers from installing structures in the rights-of-way without prior zoning approval in areas zoned for single-family residential use so long as those requirements are nondiscriminatory with respect to type of utility and do not prohibit the replacement of structures existing at the time of adoption of the requirements. Authorizes a city to charge a wireless provider for the use of a city right-of-way to construct, collocate, install, mount, maintain, modify, operate, or replace a wireless facility or wireless support structure if the city charges other communications service providers or publicly, cooperatively, or municipally owned utilities for similar uses of the right-of-way. Details limitations on the authorized charges. Clarifies that the provision is not intended to prevent a city from providing free access to city rights-of-way on a nondiscriminatory basis in order to facilitate the public benefits of deployment of wireless services. Allows a city to require a wireless provider to repair all damage to a city right-of-way directly caused by the activities of the wireless provider, and allows the city to undertake the repairs and charge the party the reasonable and documented costs if the wireless provider fails to make the repairs required by the city within a reasonable time after written notice. 

Enacts GS 160A-400.56, providing for dispute resolution regarding fees or charges before the Utilities Commission pursuant to GS 62-350(c). Requires the city to allow the placement of a wireless facility or wireless support structure at a temporary rate of one-half of a city-proposed annual fee or charge or $20, whichever is less, pending resolution of the dispute. Makes conforming changes to GS 62-350(c) and (e).

Enacts GS 160A-400.57 limiting the city's authority to adopt or enforce any ordinance, rule, regulation, or resolution that (1) regulates the design, engineering, construction, installation, or operation of any small wireless facility located in an interior structure or upon the site of any stadium or athletic facility or (2) requires a wireless provider to indemnify the city and its officers and employees as specified. 

Effective July 1, 2017, and applies to applications for wireless communications infrastructure received by cities on or after that date. Requires any charge imposed by a city on wireless providers for use of rights-of-way owned, leased, or operated by a city to construct, collocate, install, mount, maintain, modify, operate, or replace a wireless facility or wireless support structure to comply with the requirements of GS 160A-400.55, as enacted, no later than January 1, 2018.

Section 3

Amends GS 136-18 to add to the powers of the Department of Transportation the duty to make reasonable rules, regulations, and ordinances for the placing, erection, change, or removal of wireless facilities that may contribute to the hazard upon or interfere with any State-maintained highways.

Enacts GS 136-18.3A to authorize the Department of Transportation (Department) to issue permits to wireless providers for the collocation of wireless facilities and the construction, operation, modification, or maintenance of utility poles, wireless support structures, conduit, cable, and related appurtenances and facilities for the provision of wireless services along, across, upon, and under the rights-of-way of State-maintained highways. Requires the permits and included requirements to be issued and administered in a reasonable and nondiscriminatory manner. Sets forth that a permit is deemed approved if the Department does not take action to approve or deny a permit application within 60 days of receipt. Authorizes the Department to charge a wireless provider for the use of rights-of-way of a State-maintained highway to construct, collocate, install, mount, maintain, modify, operate, or replace a wireless facility or wireless support structure as provided. Sets limitations on the authorized charges. Allows the Department to require a wireless provider to repair all damage to a right-of-way directly caused by the activities of the wireless provider, and allows the Department to undertake the repairs and charge the party the reasonable and documented costs if the wireless provider fails to make the repairs required by the Department within a reasonable time after written notice.

Amends GS 150B­21.9 to clarify that the Rules Review Commission must determine whether a rule is clearly within the authority delegated to the agency by the General Assembly.

Applies to rules determinations made on or after the date that the bill becomes law.

Enacts new GS Chapter 115D, Article 5B.

Sets out the purpose of the Manufacturing Solutions Center (Center) at Catawba Valley Community College (College). Directs the president of the College to appoint an individual to serve as the executive director of the Center. Directs the executive director to select Center personnel, subject to approval by the president of the College. Subjects executive director and Center personnel to personnel policies of the College. Directs that fees collected by the Center for services to industry, except for regular curriculum and continuing education tuition receipts, are retained by the Center and used for its operations. Exempts purchases made by the Center from GS Chapter 143, Article 3 (regarding state institution purchases and contracts). Directs the Center to notify the Secretary of the Department of Administration, or the Secretary's designee, of the intent to enter into contracts that exceed $1 million, and to include in all agreements or contracts awarded by the Center a clause allowing the State Auditor and Center auditors to audit the contractor's records during and after the term of the contract. Prohibits the Center from awarding a cost plus percentage of cost agreement or contract.

Directs the Environmental Review Commission (Commission) to study matters related to the decommissioning of utility-scale solar projects. Details six analyses the study must include, including whether any materials used in utility-scale solar projects could be classified as hazardous, and the economic feasibility and availability of recycling solar panels. Defines utility-scale solar project to mean a ground-mounted photovoltaic, concentrating photovoltaic, or concentrating solar power project directly connected to the electrical transmission grid for sale to wholesale customers, as well as solar arrays, accessory buildings, transmission facilities, and any other infrastructure necessary for the operation of the project. Requires the Commission to report its findings and recommendations to the 2018 General Assembly upon its convening.

Directs the Environmental Review Commission (Commission) to study North Carolina's solid waste disposal tax imposed under Article 5G of GS Chapter 105. Details specifics relating to the revenue, distribution, and expenditure of proceeds resulting from the solid waste disposal tax that the Commission is to examine in conducting the study. Requires the Commission to report its findings and recommendations to the 2018 General Assembly upon its convening.