House amendments makes the following change to the 1st edition:

Amendment #1 clarifies that no additional documentation beyond the listed documentation at GS 14-404(e1) shall be required from an applicant for a pistol permit. Clarifies that the language authorizing the sheriff to request disclosure of mental health court orders does not increase documentation required from the applicant under subsection (e1) or to increase the time period set out in subsection (f).

Amendment #2 requires a permit application to contain a conspicuous warning disclosing that application for a pistol permit gives the sheriff the authority to obtain criminal and mental health court orders required by state and federal law to determine permit eligibility.

Amends GS 28A-19-6(a) to raise the limit on priority funeral claims against a decedent's estate from $3,500 to $6,000.

Effective October 1, 2017, and applies to estates of decedents dying on or after that date.

Enacts new GS 153A-331.1 concerning performance guarantees on county subdivision streets, providing that these newly enacted provisions apply to all developments approved on or after August 1, 2017, and retroactively to all county residential subdivisions or development plans approved on or after October 1, 2010, that include an offer of dedication of roads and the roads have been constructed and opened for travel and are fully completed. Sets out four general requirements for all performance and residual performance guarantees, including (1) that a county ordinance can, but is not required to, provide for performance guarantees for new streets offered for dedication; (2) that the ordinance must provide for the performance guarantee pursuant to additional requirements found in subsections (g) through (j); (3) that developers may or may not provide a performance guarantee and can be permitted to record a plat and proceed to construct the street, but must provide the residual performance guarantee prior to the issuance of any building permit for construction in a subdivision or development; and (4) performance or residual performance guarantees for subdivision streets must be in a form as defined in GS 160A-372(g)(1), meaning a surety bond, letter of credit, or other acceptable means of guarantee, at the election of the developer.Provides in subsections (c) through (k1) specific requirements and limitations for performance and residual performance guarantees, including in (c) that the amount of a street performance guarantee (and an extension of the guarantee) cannot exceed 125% of the reasonably estimated cost of completion and that in (d) a performance guarantee can only be used for completion of required improvements and not for repairs or maintenance after completion. Further provides in (e) for the extension of a street performance guarantee if required improvements are not complete and the current performance guarantee is expiring. Provides for the release or incremental reduction of performance guarantees, establishing in (f) that any performance guarantee on a street must be released when it is confirmed by the Division of Highways that the street has been accepted for maintenance, but no later than 6 months following submission of an SR-2 form and upon presentation of any of four specified documents. Provides in (f1) for the release of performance guarantees on streets built with more stringent standards than those required by the Division of Highways standards of January 1, 2017, upon confirmation from the Division of Highways that the street has been accepted for maintenance, but no later than three months following submission of an SR-2 form and upon presentation of any of four specified documents. Provides in (g) that the principal amount of the performance guarantee can be incrementally reduced during the course of construction to reflect the level of completion of the road. Concerning residual performance guarantees, provides in (h) that on certification that the road has been fully constructed, the performance guarantee amount must be reduced to a residual amount, the greater of 15% of construction cost or 125% of the pavement cost, providing that this reduced guarantee is known as the residual performance guarantee. Further details in (i) the purpose and use of the residual performance guarantee, specifically that the purpose is to allow a reasonable period of time so that new roads offered for dedication can attain the density required for acceptance. Also provides in (j) that residual performance guarantees must remain in place either until the road is accepted or for a period of one year from the date of issuance, whichever is less. Further details in (k) requirements and time frames that must be met for the release of a residual performance guarantee, and in (k1) requirements and time frames that must be met for the release of a residual performance guarantee on a street that is built with more stringent standards than those required by the Division of Highways standards of January 1, 2017. Provides in subsections (l) through (n) the process, procedures, and timelines for Department of Transportation (DOT) acceptance, specifically thatDOT must accept subdivision roads offered for public dedication within subdivisions or developments approved on or after October 1, 2010, that are fully completed or confirmed by a built to standards letter as soon as is possible after January 1, 2018, if specified metrics are met. Provides that any subdivision street completed prior to January 1, 2018, that has not yet been accepted by the Department, are subject to Division of Highway subdivision street construction standards of January 1, 2017, and shall be accepted by the Department in accordance with this statute. Provides that roads that meet the requirements can be proposed for acceptance by either the county or another party to the Division of Highways and that acceptance by the Division of Highways must be issued as soon as the Division can review the streets and assure that they meet requirements, provided that the review occurs within 60 days of the request. Provides in subsection (p) that counties can finance the costs of improvements made under DOT supervision to bring streets up to standards for acceptance if necessary and recover costs in doing so. Provides specified applicability exceptions of the provisions in this section in subsection (q) and details terms for use in this statute as they apply to the components of the road construction in subsection (r). Sets out four conditions or actions in subsection (s) that cannot be a basis for denial or delay of acceptance by the DOT forstreets or roads completed between October 1, 2010, and September 30, 2017. Directs the DOT in subsection (t) to work with each county to provide necessary information so that counties can compile a readily available "County Public Street Information Database" to be completed before January 1, 2019. Describes and specifies which roads are to be included. Directs the DOT to update its Subdivision Roads Minimum Construction Standards manual, and any related policies, by July 1, 2018, and regularly thereafter, to reflect current federal and state law, and to report all updates to the Joint Legislative Transportation Oversight Committee.

Effective July 1, 2017.

Identical to S 155, filed 3/1/17.

Section 1

Amends GS 18B-1105(a), setting forth authorized acts by a holder of a distillery permit, to provide that a permitted distillery may sell spirituous liquor in closed containers at wholesale or retail for delivery outside the State, subject to the laws of other jurisdictions (previously, authorized to sell, deliver, and ship spirituous liquor in closed containers at wholesale or retail to private or public agencies or establishments of other states or nations subject to the laws of other jurisdictions). Increases the maximum amount of spirituous liquor a permitted selling distillery can sell to a consumer at a distillery within a 12-month period under the restrictions set out in subdivision (4) of subsection (a) from one to five bottles. Authorizes a permitted distillery to conduct consumer tastings in accordance with GS 18B-1114.7 (enacted by this act).

Amends GS 18B-804, setting forth a policy of uniform retail pricing for spirituous liquor sold in ABC stores and permitted distilleries, to establish that when a permitted distillery sells spirituous liquor for delivery outside the state pursuant to GS 18B-1105(a)(a2) (enacted above), the distiller sets the retail price for the liquor. 

Amends GS 18B-800, providing that spirituous liquor can only be sold in ABC stores operated by local boards, except as provided in Articles 10 and 11 of GS 18B (was, only Article 10; Article 11 is amended by this act).

Directs the Alcoholic Beverage Control Commission to adopt temporary rules to amend its rules consistent with Section 1 of this act. 

Effective July 1, 2017.

Section 2

Enacts GS 18B-1114.7 to authorize the holder of a distillery permit issued under GS 18B-1105 to obtain a spirituous liquor special event permit. Provides that the special event permit will allow the permitee to give free tastings of its spirituous liquor at ABC stores and various other public places including trade shows, conventions, shopping malls, street festivals and local fund-raisers as approved by the Commission. Sets out 13 limitations for consumer tastings, including limiting the total amount of tasting samples a consumer can consume to 1.5 ounces per day and prohibiting the permit holder from offering tastings samples to or allowing consumption of tasting samples by someone who is visibly intoxicated. Prohibits a permit holder conducting a consumer tasting at an ABC store from providing any consideration to the local board, its members, or its employees for any purpose related to the tasting. 

Amends GS 18B-301, concerning the lawful possession and consumption of fortified wine and spirituous liquor, to establish that is lawful to consume spirituous liquor at an ABC store if a consumer tasting is being conducted as authorized by GS 18B-1114.7. Makes conforming changes to the prohibitions set out in subsection (f) to allow any person to consume or offer to another person to consume liquor on the premises of an ABC store, upon property used or occupied by a local board, and on any public road, street, highway, or sidewalk where a consumer tasting authorized by GS 18B-1114.7 is being conducted.

Sets fees for an ABC permit application under GS 18B-902(d) to be $200 for a spirituous liquor special event permit and $750 for a special auction permit.

Section 3

Enacts GS 18B-1002.1 to allow a permit to be issued to an auction firm or auctioneer licensed by the North Carolina Auctioneers Commission (Commission) under GS Chapter 85B to allow the licensed auction firm or auctioneer to sell any quantity of malt beverages, unfortified and fortified wine, and spirituous liquors at auction. Allows an auction held under this statute to receive competing bids in person or by telephone, fax, or online. Limits the issuance of permits under this statute to jurisdictions that allow the sale of malt beverages, unfortified wine, or fortified wine, respectively, and jurisdictions that have approved the establishment of ABC stores. Provides an auction permit is only valid for the auction specified in the permit, and any sales under the permit are subject to the alcoholic beverage purchase amount restrictions of GS 18B-303. Clarifies that an applicant that is denied a permit or a permitee that has the permit revoked is not entitled to a hearing under GS Chapter 150B (APA).

Amends GS 18B-603 to allow the North Carolina Alcoholic Beverage Commission to issue special auction permits under GS 18B-1002.1 without approval at an election. Makes technical changes.

Effective October 1, 2017.

Section 4

Enacts GS 153A-145.7 and GS 160A-205.3 to allow a county or city to adopt an ordinance allowing licensed restaurants to sell alcoholic beverages for on-premises consumption beginning at 10:00AM on Sunday morning pursuant to the restaurant's on-premises malt beverage, unfortified wine or fortified wine permits, or mixed beverages permit. Makes conforming changes to GS 18B-1004, which sets out the hours for the sale and consumption of alcoholic beverages.

Part I. Commercial Banks

Makes technical changes to the statutory references in GS 53C-1-4(25), defining deposit. Makes organizational and clarifying changes to GS 53C-1-4-(46), defining non-branch bank business office.

Amends subsection (b) of GS 53C-2-7, listing the records in the custody of the Office of the Commissioner of Banks (OCOB) that are confidential and cannot be disclosed. Allows the OCOB to treat any response to an application for licensure as confidential. Makes confidential records containing information that was privileged prior to being obtained by the Commissioner of Banks (Commissioner) in preparation for or anticipation of or in the course of litigation, examination, audit, or investigation. Makes confidential records containing personal information about a person (currently, records containing nonpublic personal information about a customer) maintained by or on behalf of the financial institution, whether in paper, electronic, or other form. Expands the provision making confidential records containing information furnished in connection with an application bearing on the character, competency, or experience, or other information about the personal finances of an existing or proposed organizer, officer, or director of a depository institution, federally chartered institution, holding company, or any other person subject to the Commissioner's jurisdiction, to also make confidential the same records of an existing or proposed employee. Expands the provision making confidential the records of NC financial institutions in dissolution that have liquidated, are under the Commissioner's supervisory control, or are in receivership, and that contain names or other personal information of any person (currently, of any customer of the institutions). Replaces the existing language of subdivision (8) and replaces it with a provision making confidential the minutes or other records that have been obtained by the Commissioner and that are related to the meetings of, or have been prepared by, the board of directors, a compliance review committee of the board of directors, any other committee of the board of directors, a committee established at the direction of the board of directors, and a committee established at the direction of a committee of the board of directors (all bodies of an NC financial institution). Adds new provision making confidential records that are confidential under GS Chapter 132 (Public Records) or protected from disclosure under other applicable law. Makes other clarifying and technical changes.

Amends GS 53C-4-12(a)(1) to make technical and clarifying changes to the definition of a compliance review committee. Further, adds compliance with federal or State regulatory requirements and cybersecurity requirements to the list of standards or requirements a board, committee, or person can be responsible for evaluating compliance with in order to constitute a compliance review committee under the statute. Expands the notwithstanding clause of GS 53C-4-12(b) to add that compliance review documents are confidential, not available for public inspection, and are not discoverable or admissable in evidence in a civil action as specified, regardless of any other provisions of the General Statutes in addition to GS Chapter 132.

Makes clarifying change to GS 53C-5-1(b) concerning the powers of banks. Authorizes a bank to engage in any activity other than as principal (currently, other than as principal permitted under the Federal Deposit Insurance Act, 12 USC 1831a).

Amends GS 53C-6-7, concerning payable on death accounts, to replace the language "natural person" with "individual." Establishes that payment by the bank to, on the order of, or at the direction of any owner is a total discharge of the bank's obligation as to the paid amount unless the individual establishing the Payable on Death account has agreed with the bank that a withdrawal requires more than one signature (currently, any owner can withdraw funds by writing a check or otherwise as set forth in the account contract, and receive payment in cash or check payable to the owner's personal order, with no provision allowing for the requirement of more than one signature). Adds a provision providing that that a pledge of a Payable on Death account by an owner, unless otherwise specifically agreed between the bank and all owners in writing, (1) is a valid pledge and transfer of the account or of the pledged amount, (2) is binding upon all owners and beneficiaries, (3) does not operate to sever or terminate the joint ownership of all or any part of the account, and (4) survives the death of any owner or any beneficiary. Makes other conforming and technical changes. 

Amends GS 53C-6-8, concerning personal agency accounts, to similarly replace the language of a natural person with an individual. Makes technical changes.

Amends GS 53C-6-18 to clarify that the statute authorizes a bank to establish one or more non-branch bank business offices in this State or another state as defined in GS 53C-1-4(46) as amended by this act, subject to the specified requirements. Amends the specified requirements to require: (1) where a proposed non-branch bank office will be used in connection with a new activity for which an application is required under GS 53-5-1(d) or an investment for which a notice is required under GS 53C-5-2(e), the bank's application or notice to include written notification (as specified in existing language) of the intent to open the office and (2) where written notification is not required by the above provision (GS 53C-6-18(a)(1)), the bank to provide the Commissioner with a written notification of the location of the office and a description of the business to be conducted at the office. 

Amends GS 53C-7-207 to rename the statute as Combination with a nonbank subsidiary (currently, Combination with a subsidiary). Makes conforming changes to refer to a nonbank subsidiary throughout the statute. Makes clarifying change, requiring a bank proposing to combine a nonbank subsidiary with another company that is not a depository institution (currently does not clarify the other company not being a depository institution), if the nonbank subsidiary is the resulting entity, to give prior written notice to the Commissioner that details the proposed combination. Further clarifies that this prior written notice requirement is not required for a combination of a nonbank subsidiary and another company that is not a depository institution so long as the nonbank subsidiary is not the resulting entity. Makes technical changes.

Repeals GS 53C-9-405 (Appointment of substitute trustee where no objection made) and GS 53C-9-406 (Hearing where objection made; appeal from order).

Part II. Bank Holding Companies

Amends GS 53C-10-101, requiring every holding company that directly or indirectly controls a bank or nonbank subsidiary that has an office located in this State to register with the Commissioner and maintain that registration on an annual basis in the form prescribed by the Commissioner. Makes technical change to the statute's title.

Recodifies GS 53-232 as GS 53C-10-303, and makes technical and clarifying changes. 

Repeals Article 18 of GS Chapter 53 (Bank Holding Company Act of 1984).

Part III. Mortgage Notice Requirements

Current law, GS 45-91, details five requirements a servicer to every home loan must comply with, regardless of whether the loan is in default or the borrower is or has been in bankruptcy.

Amends the requirements that must be satisfied for any fee incurred by a servicer under GS 45-91(1)b. Establishes that a servicer is not required to send the required statement for a fee if: (1) the fee is included in a periodic statement sent to the borrower that meets the requirements of 12 CFR 1026.41 (federal requirements for periodic statements of mortgage loans; this is an added requirement) and (2) the fee results from a service that is affirmatively requested by the borrower, the fee is paid for by the borrower at the time the service is provided, and the fee is not charged to the borrower's loan account (these are existing requirements). Makes technical changes.

Identical to S 347, filed 3/21/17.

Amends GS 90-89 to add a specified opiate,10 Fentanyl derivatives, six hallucinogenic substances, two systemic depressants, and synthetic Cannabinoids, including 16 examples, to the list of Schedule I controlled substances, and to make technical changes.

Amends GS 90-90 to add any material, compound, mixture, or preparation containing any quantity of hydrocodone to the list of Schedule II controlled substances.

Amends GS 90-91 to add one narcotic and four anabolic steroids to the list of Schedule III controlled substances. Removes specified amounts of dihydrocodeinone.

Amends GS 90-92 to add four depressants to the list of Schedule IV controlled substances, and to make a conforming change.

Amends GS 90-93 to add to Schedule V controlled substances any material, compound, mixture, or preparation containing any quantity of two listed substances, having a stimulant effect on the central nervous system, unless specifically exempted or excluded or listed in another schedule.

Amends GS 90-94 to make a conforming change.

Effective December 1, 2017.

Identical to S384, filed 3/23/17.

Amends GS 58-56A-1 to define insured and pharmacist.

Enacts new GS 58-56A-2 (Pharmacy of choice), directing a pharmacy benefits manager to comply with pharmacy of choice requirements under GS 58-51-37.

Enacts new GS 58-56A-3 (Consumer protections). Pharmacy benefits managers may not (1) prohibit pharmacists and pharmacies from providing an insured information regarding cost share and the clinical efficacy of lower-price alternative drugs, or to penalize the pharmacist or pharmacy for doing so, (2) prohibit a pharmacist or pharmacy from offering and providing store direct delivery services to an insured, or (3) charge, or attempt to collect from, an insured a co-payment exceeding the total submitted charges by the network pharmacy for which the pharmacy is paid. Violation is an unfair and deceptive trade practice and actionable under GS Chapter 75. Does not foreclose other remedies.

Enacts new GS 58-56A-4 (Pharmacy and pharmacist protections). Pharmacy benefits managers may not (1) charge a fee, or otherwise hold a pharmacist responsible for costs relating to the adjudication of a claim, or (2) recoup funds from a pharmacy in connection with claims for which the pharmacy has already been paid without first complying with GS Chapter 58, Article 4C, unless permitted by law, or (3) retaliate against a pharmacist or pharmacy for exercising rights under GS Chapter 58. Does not apply to licensed group health maintenance organizations with an exclusive medical group contract that operates its own pharmacies. Violation is unfair and deceptive trade practice actionable under GS Chapter 75. Does not foreclose other remedies.

Directs the Commissioner of Insurance to adopt rules to implement this act.

Effective October 1, 2017, and applies to all contracts entered into, renewed, or amended on or after that date.

Amends and makes organizational changes to GS 136-66.8 concerning agreements with local governments.

Current subsection (a) authorizes DOT to enter into agreements with units of local government for the purpose of expediting transportation projects currently programmed in the Transportation Improvement Program. Adds to subsection (a), authorizing the Department of Transportation (DOT) to also enter into agreements with units of local government for the purpose of funding preliminary engineering for projects not currently programmed in the Transportation Improvement Program but programmed in the immediately preceding Transportation Improvement Program. Adds new subsection (b1) requiring the authorized preliminary engineering agreements to be between the DOT and units of local government, and requiring the unit of local government to fund 100% of the preliminary engineering funding at current prices. Allows units of local government to be reimbursed for the amount expended in accordance with the agreement in a future year when the project is funded from State and federal sources. 

Makes technical changes to subsection (b) to clarify the provisions of subsection (b) only apply to the existing authorization in subsection (a), now organized by this act to subdivision (1).

Makes technical changes throughout the statute to refer to the Transportation Improvement Program instead of the Transportation Improvement Plan. 

Amends the reporting requirement by the DOT to require annual reporting (currently, one report to be submitted by December 1, 2006) to the Joint Legislative Oversight Committee on any agreements executed with units of local government pursuant to the statute.

Identical to S 366, filed on 3/23/17.

Amends Article 21C of GS Chapter 143 as follows. Renames the Article as Permitting and Control of Industrial Wind Energy Facilities (currently Permitting of Wind Energy Facilities).

Adds the terms site, infrasound, and major WEF stakeholders. Also adds the term WEF and defines the term to mean a wind energy facility or a wind energy facility expansion. Makes conforming changes throughout the Article to replace wind energy facility and wind energy facility expansion with WEF. Amends the definitions for major military installation, wind energy facility, and wind energy facility expansion. Adds the Harvey Point Defense Testing Activity Facility to the definition of major military installation. Defines wind energy facility (WEF) to mean parcels of land containing one or more industrial-sized turbines rated at one megawatt or more, along with accessory buildings, transmission facilities, and any other equipment necessary for the operation of the WEF. Clarifies that the Article only applies to a WEF located onshore, and that an expansion of an existing WEF is considered a WEF unless the expansion reduces the total footprint of the WEF and does not include any new land that was not previously a part of the WEF site. Defines wind energy facility expansion to mean any activity that adds additional turbines, modifies the size or rating of any existing turbines, or changes the footprint of the WEF over what was initially permitted. 

Amends the requirements for a permit preapplication site evaluation meeting set out in GS 143-215.117. Requires the preapplication site evaluation meeting to be used by the participants for four specified purposes detailed in subsection (a) (currently, permitted but not required) along with the materials described in subsection (b). Amends the purposes set out in subsection (a) for the preapplication site evaluation meeting and adds a fourth purpose. Amends the first purpose, providing that in conducting a preliminary evaluation of the site, one purpose is determining if the proposed WEF can: (1) pose risk to civil air navigation, including aerial spraying or firefighting, or military navigation routes, air traffic control areas, military training routes, special-use air space, radar, or other military operations; (2) pose serious risk to natural resources and uses within five miles of the proposed WEF including risks to species, their habitats, decreased groundwater recharge, increased stormwater discharge, or increased turbidity and sedimentation in streams impacted by the WEF; or (3) pose serious risks to health, safety, and welfare of citizens residing within two miles of the proposed WEF. Amends the third purpose, providing that in conducting a preliminary evaluation of the site, one purpose is to identify areas where proposed construction or expansion activities pose minimal risk to natural resources and uses, including groundwater, and avian, bat, and endangered or threatened species. Adds a fourth purpose, providing that in conducting a preliminary evaluation of the site, one purpose is to identify areas where proposed construction or expansion activities pose minimal risk to the health, safety, and welfare of proximate residents. 

Amends the requirements of the permit preapplication package set forth in subsection (b) of GS 143-215.117. Requires the preapplication package to include nine specifications in both printed and digital format. Provides that verifiable trade secrets are not subject to disclosure in the preapplication package. Amends the required contents of the package and now requires the preapplication to include: (1) a narrative description of the WEF including the type and maximum physical dimensions of wind turbines to be constructed, the total capacity of the WEF, and a description of any ancillary facilities; (2) a US Geological Survey topographic map showing the approximate location of the proposed WEF and the anticipated locations of the WEF's turbines; (3) a description of any known potential impacts of the proposed WEF on civil air navigation, including aerial spraying or firefighting, or military air navigation routes, air traffic control areas, military training routes, special-use air space, radar, or any other potentially affected military operations; (4) a description of any known potential adverse impacts of the proposed WEF on natural and agricultural resources, including groundwater, crop production, and animals; (5) a description of any known potentially adverse impacts of the proposed WEF on the health, safety, and welfare of proximate residents and visitors; (6) a list and status of the federal, State, and local agencies from which approvals will be obtained and the name of those approvals required to authorize the construction, operation, or expansion of the proposed WEF; (7) a schedule showing the anticipated dates for commencement of construction, testing, and commercial operation of the proposed WEF; (8) an operation and maintenance plan that includes routine emergency checks for structural integrity, repairs, and rust prevention; (9) the URL of a website created by the applicant with information about the WEF, providing the full text of all documents submitted to any agency that are considered public records, listing the titles or general description of all documents submitted to any agency that are considered proprietary and confidential, listing the name and address of all leaseholders, providing an opportunity for regional citizens to make publicly shown comments on the proposed WEF, and providing that the proposed WEF has been advertised in a locally circulated newspaper.

Makes changes to the requirement to provide written notice, including an invitation to participate in the permit preapplication evaluation meeting, to interested parties no less than 21 days prior to the date of the permit preapplication site evaluation meeting by referring to major WEF stakeholders instead of listing stakeholders, as the term is now defined in GS 143-215.115(6). Major WEF stakeholders is now defined to mean the NC Utilities Commission, the NC Department of Health and Human Services, the NC Department of Commerce, the NC Department of Transportation, the US Army Corps of Engineers, the US Fish and Wildlife Service, the US National Park Service, the NC Wildlife Resources Commission, the commanding officer, or the commanding officer's designee, of any potentially affected major military installation; the NC Military Affairs Commission; the county commission and governing body of each municipality in the county in which the WEF is proposed to be located, and any other stakeholders that the Department of Environmental Quality (DEQ) deems relevant. 

Adds new requirement for DEQ to prepare detailed minuted or make an audio recording of the preapplication evaluation meeting. Establishes that the minutes or recording is an official part of the permit application package.

Amends the provisions concerning the scoping meeting between the applicant and DEQ set out in GS 143-215.118. Establishes that the location of the scoping meeting is in a county where the WEF is proposed to be located. Makes a conforming change concerning the required written notice of the scoping meeting, including an invitation to participate, to interested parties to refer to major WEF stakeholders instead of listing the parties. Adds new requirement for the scoping meeting to be advertised in accordance with open meetings laws and for the meeting to be open to the public. Adds new requirement for DEQ to prepare detailed minutes or make an audio recording of the meeting. Establishes that the minutes or recording is an official part of the permit application package.

Amends the permit application requirements for an applicant applying for a WEF set out in GS 143-215.119. Requires the permit application to include 22 specified items in both printed in digital format. Amends and adds to the permit application requirements to now require: (1) a narrative description of the proposed WEF; (2) a map showing the location of the proposed WEF that identifies the specific location, height, and rating of each anticipated turbine, and other buildings, roads, and equipment that are a part of the WEF; (3) a copy of a deed, purchase agreement, or lease agreement demonstrating the applicant's right to construct, expand, or develop a WEF; (4) the name and address of all property owners within two miles of the perimeter of the WEF (adding that the applicant must notify each and include the information set out in subdivisions (1) and (2) described above); (5) the applicant's NC Utilities Commission Certificate of Public Convenience and Necessity; (6) a description of military air navigation routes, air traffic control areas, military training routes, special-use air space, aerial spraying activities, potential aerial firefighting activity, radar, or other civilian or military operations that can be affected by construction or operation of the proposed WEF; (7) a description of any potential adverse impact on military operations, military readiness, or the lives of military personnel and any rectifying actions agreed to by the applicant; (8) documentation that the applicant has completed a review by the Department of Defense Siting Clearinghouse of the proposed WEF, including an unredacted copy of the agreement and unredacted copies of all correspondences; (9) a list of documentation submitted by the applicant to the FAA and approvals or determinations issued by the FAA; (10) a study of the possible human health impacted of the proposed WEF conducted by independent experts if there are residential properties within two miles of the proposed WEF, as specified; (11) a study of the local and regional economic impacts of the proposed WEF conducted by independent experts, as specified; (12) a plan of action to be taken to deactivate the WED and to protect the public from harm due to WEF component liberation, and during natural weather conditions and disasters; (13) an environmental assessment of the potential adverse impacts of the proposed WEF ecosystems conducted by independent experts, as specified; (14) a study of the proposed WEF's potential impact on views or other aspects of any State or national park, wilderness area, significant natural heritage area, or other public lands or private conservation lands that are in the viewshed of the proposed WEF, conducted by independent experts; (15) a study of the potential hydro-geological impacts of the proposed WEF on natural resources, water bodies, flowing water sources, wetlands, groundwater, aquifers, and private wells within two miles of the perimeter of the WEF, conducted by independent experts as specified; (16) documentation for the applicant's proposed property value guarantee for all residential properties within two miles of the perimeter of the WEF, as specified; (17) an incident response plan that ensures that local emergency responders have the necessary equipment and training to effectively handle emergencies as specified; (18) a plan regarding action to be taken to decommission the WEF consistent with GS 143-215.119B (enacted by this act); (19) the Power Purchase Agreement; (20) an explanation of how the proposed WEF would be consistent with the criteria in GS 143-215.122 (as amended by this act); (21) the application fee; and (22) other data or information DEQ may reasonably require.

Provides that verifiable trade secrets and verifiable confidential business information are not subject to disclosure. Sets the application fee to be $100 per rated faceplate megawatt of the full proposed WEF (currently, $3,500 flat application fee). Changes the notice requirements to now require DEQ to provide notice of receipt of a completed permit application to major WEF stakeholders within 15 business days of receipt (currently, within 10 business days). Amends and adds to the required contents of the notice of receipt to now include: (1) a copy of the map showing the location of the WEF as specified; (2) a written request to the commanding officers of all major military installations, or their designee, and the Military Affairs Commission for technical information related to adverse impact to the installation's operation, training or mission as specified; (3) a written request to the board of commissioners and governing body of each municipality within two miles of where the WEF will be located for information related to potential adverse impacts of the WEF on local governments, local business, local property values, and local ecosystems; and (4) a written request to the Department of Health and Human Services for information related to potential adverse human health impacts to citizens within two miles of the WEF. Further, directs DEQ to provide a copy of permit application material filed pursuant to the above described permit application requirements to the major WEF stakeholders and any other parties DEQ deems relevant within 10 days of receipt of the permit application material as well as any supplements, changes, or amendments. Amends the public hearing and comment requirements to require DEQ to give written notice to the NC Attorney General's Office and all major WEF stakeholders of a scheduled WEF public hearing within 30 days prior to the scheduled hearing. Adds new requirement for DEQ to create and maintain a record of comments made at any public hearings under this GS 143-215.117.

Enacts GS 143-215.119A, requiring all turbines in a WEF to maintain a setback from the property line of any residential or residentially zoned parcels outside the perimeter of the WEF. Establishes the setback to be the greater of one mile or 10 times the maximum height of the turbine's blade tip. Requires a turbine in a WEF to maintain a minimum setback of at least two and one-half the maximum height of the turbine's blade tip from any residential structure within the WEF. Requires a turbine in a WEF to maintain a minimum setback of at least two and one-half times the maximum height of the turbine's blade tip from the perimeter of the WEF and the right-of-way of any roadway maintained by the State or a municipality. Prohibits a turbine in an offshore WEF from being sited within 24 miles of the nearest shore. Includes setbacks specific to military operations, including prohibiting a turbine in a WEF from being sited within 30 miles of a major military installation as that term is defined in GS 143-215.115 as amended.

Enacts GS 143-215.119B, establishing that the permit applicant or permit holder for a WEF is responsible for proper decommissioning of any turbine following no electricity generation for six consecutive months, for any reason, unless DEQ grants a one-time three month extension. Requires the property to be returned to its original condition within one year following the six month period of no electricity generation of the one-time three month extension. Details what decommissioning includes. Establishes that the permit applicant or permit holder is responsible for properly disposing of each piece of equipment used in the WEF upon decommissioning. Provides that DEQ will hire experts to determine the cost for WEF decommissioning, setting the cost to be at least $100,000 per turbine, without considering possible scrap values. Establishes that a permit holder must maintain financial assurance to continue to hold a permit under the Article, and must provide any documentation DEQ requests to establish the permit holder continues to maintain the required financial assurance, as well as notify DEQ of any significant changes, as specified. Details requirements for a permit applicant or permit holder to establish financial assurance, as specified, that will ensure sufficient funding is available even if the applicant or permit holder becomes insolvent or ceases to reside, be incorporated, do business, or maintain assets in the State. Makes confirming change to delete GS 143-215.121 (financial assurance requirements).

Amends GS 143-215.120, which provides criteria for permit approval by DEQ. Amends and adds to the criteria to direct DEQ to approve a permit application unless: (1) construction or operation of the WEF would be inconsistent with or violate rules adopted by DEQ or any other provision of law; (2) operation of the proposed WEF would likely create unacceptable interference with civilian air navigation, including aerial spraying or firefighting activities, or any type of civilian or military radar systems; (3) construction of operation of the proposed WEF would encroach upon or would have a significant impact on the mission, training, or operation of any major military installation, or put lives of military personnel in jeopardy, based on conclusion of Military Affairs Commission (MAC) or consulted military personnel; (4) operation of the proposed WEF would either create noise levels exceeding decibels (dbA) Lmax for more than five consecutive minutes, as measured from the property line of any adjacent parcel, possibly cause serious health, safety, or welfare complications to citizens in the region, based upon the level determined by the Department of Health and Human Services to adequately protect proximate residents or visitors from infrasound; (5) operation of the proposed WEF would likely be a net economic liability to the host communities based upon the conclusions of the NC Department of Commerce; (6) construction or operation of the WEF would have a significant adverse impact on domestic animals, livestock, or wildlife; (7) construction or operation of the proposed WEF would result in significant adverse impacts to ecological systems, natural resources, wilderness areas, wildlife reserves, wildlife refuges, preserves, flyways, bodies of water, groundwater, wetlands, environmental management areas, national or State parks or forests, segments of the natural and scenic rivers system, and locations that provide habitat for threatened or endangered species; (8) construction or operation of the proposed WEF would result insignificant adverse impacts to recreation areas, cultural locations, historic venues of more than local significance, archaeological sites, or cemeteries; (9) operation of the proposed WEF would have a significant adverse impact on views or other aspects of any State or national park, wilderness area, significant natural heritage area, or other public lands or private conservation lands; (10) the applicant has not agreed to an adequate property value guarantee; (11) the applicant has not submitted an acceptable incident response plan; (12) the applicant has failed to establish an acceptable decommissioning plan in accordance with GS 143-215.119B as enacted; (13) the applicant has not submitted a bona fide power purchase agreement; (14) a permit would be denied under any criteria in GS 113A-119A (likely intends GS 113A-120, grant or denial of permits); (15) construction would be prohibited under GS Chapter 113A, Article 14 (the Mountain Ridge Protection Act); or (16) the applicant is not in full compliance with all applicable federal State, or local permit requirements, licenses, or approvals, including any local zoning laws.

Deletes the exception to the requirement that DEQ must make a final decision on a completed permit application within 90 days of its receipt, which allowed DEQ to not meet that deadline if it has not received a Determination of No Hazard to Air Navigation from the FAA. Provides that the applicant should (currently, may) treat failure of DEQ to act within the time period as a denial of the permit. Deletes the existing provisions concerning required and permitted conditions DEQ can include in permits to now require DEQ to include as a condition of a permit for a proposed WEF a requirement that the applicant satisfactorily resolve all adverse impacts. Establishes that the permit is good for two years from the date of approval. Prohibits any extension. Requires one turbine to be erected and operating for the permit to stay in force. Clarifies that the permit is not authority to build. Provides that a conditional use permit or special use permit process under local zoning law cannot start until 15 days after the permit has been granted. Requires a permit holder to cease operation of all turbines in violation of any permit condition within one day of being notified by any governmental agency, and prohibits the turbines from resuming operation until the terms of the violation are fully corrected to the satisfaction of the notifying agency. Clarifies that the more stringent of any conflicts between the Article's provisions and any local regulations governs.

Enacts GS 143-215.120A, detailing the responsibilities of the owner of any permitted WEF concerning any construction related damage to all real or personal property, public or private.

Amends GS 143-215.122, setting out an applicant's monitoring and reporting requirements, to require the applicant to annually submit copies to DEQ of all post-construction monitoring, such as reports on ambient noise levels, groundwater testing, ground water levels in the surficial aquifer, hydraulic head measurements in lower confined aquifers, property value guarantee claims, the impacts on humans or wildlife within five miles of the WEF. Also requires the applicant to annually submit copies to DEQ of any post-construction monitoring or reports that are required by the major WEF stakeholders or any other government agency. Adds that the applicant must annually submit copies to DEQ of any post-construction monitoring or reports on any impacts on military operations. 

Amends GS 143-215.123, requiring DEQ to consult with major military installation representatives and MAC (currently does not include consulting with MAC) to review information as previously specified. Clarifies that the information DEQ is required to provide to permit applications, upon request, only includes information DEQ is aware of. Requires DEQ to provide information on other potentially affected military or civilian operations to permit applicants as requested (currently, does not include potentially affected civilian operations).

Amends GS 143-215.126 to require (currently, permits) the DEQ Secretary to impose an administrative penalty on a person who constructs a WEF without obtaining a permit under this Article or who constructs or operates a WEF in violation of its permit terms and conditions. Establishes that the penalty to be no less than $1,000 per day but not exceeding $10,000 a day (currently, no minimum provided).

Enacts GS 143-215.127, requiring any person who owns, operates, or controls a WEF to maintain (1) commercial general liability insurance, covering personal injuries, death, and property damage of $10 million per occurrence, with a total of $20 million coverage aggregate, which must specifically include the affected counties and municipalities and their officers, councils, employees, committee members, attorneys, agents, and consultants as additional named insureds and (2) umbrella coverage of $50 million. Requires the insurance policies to be issued by an agent or representative of an insurance company licensed to do business in this State, and to contain an endorsement obligating the insurance company to furnish DEQ with at least 30 days' prior written notice in advance of cancellation. Requires the permit holder to delivery a copy of each of the policies or certificates representing the insurance in the required amount no more than 15 days after the grant of the permit and before construction begins. Establishes strict liability for any person who owns, operates, or controls a WEF for damages to persons or property, public or private, caused by the construction, maintenance, operation, decommissioning, disassembly, or demolition of that WEF. Also establishes joint and several liability for an action to be filed against any one or more person having control over the WEF or the activity that caused or contributed to the damages. Establishes immunity from liability for damages proven by a preponderance of the evidence to have been caused as specified, including an act or omission by the federal government, or the State, or its political subdivisions. Clarifies that the statute does not deprive a claimant from electing to pursue any other cause of action for damages or injunctive relief under statutory or common law. Makes a conforming deletion of GS 143-215.121.

Enacts GS 143-215.128, requiring all permits issued under the Article to contain an indemnification provision applicable to the governing bodies for the WEF and requiring the permit applicant to indemnify the governing bodies as specified at all time. Requires reasonably attorneys' fees, consultants' fees, and expert witness fees to be included in the costs recoverable by a governing body under the indemnification required by the statute. 

Makes other clarifying, technical, and organizational changes to the Article. 

Applies to all wind energy facilities filing a permit application under Article 21C of GS Chapter 143, as amended by the act, on or after the date the act becomes law.

Amends GS 20-288 to eliminate the continuing education requirement for used motor vehicle dealers.

Requires the Division of Motor Vehicles to provide notice of adopted or amended rules or regulations to affected license holders within 30 days of adoption or amendment, effective July 1, 2017.

Directs the DMV, License and Theft Bureau, to study how to improve enforcement of Part 4 (Transfer of Title or Interest) of the Motor Vehicle Act of 1937 against auctioneers and licensed motor vehicle dealers, and to submit its findings and legislative recommendations to the Joint Legislative Transportation Oversight Committee by December 15, 2017.

Unless otherwise stated, the act is effective when it becomes law.

Amends GS 95-25.3 to raise the state minimum wage to $10.75 per hour for large employers (defined by a gross volume of sales made or business done equalling or exceeding $500,000, excluding excise taxes at the retail level), and to $7.75 per hour for small employers (defined by a gross volume of sales made or business done of less than $500,000, excluding excise tax at the retail level), effective January 1, 2018. Annually increases the minimum wage from the amount stated above on January 1 of each year, beginning in 2019, by the increase in the cost of living, as measured by the percentage increase of the Consumer Price Index or its successor index, as calculated by the US Department of Labor. Directs the Commissioner to calculate the indexed minimum wage rate to the nearest cent.

Amends GS 17E-7 by adding the requirement, effective July 1, 2019, that any person employed as a telecommunicator by a municipal police agency meet all of the requirements of GS Chapter 17E. Requires entry level telecommunicators to successfully complete the course of instruction provided under GS Chapter 17E or by the Association of Public Safety Communications Officials Institute.

Directs the Department of Health and Human Services to amend the qualifications for Qualified Professionals within the mental health, developmental disability, and substance abuse (MH/DD/SA) system of care to allow for all years of full-time MH/DD/SA service experience to qualify as years of service, and not just those obtained post-graduate degree. Requires all Medicare State Plan changes to be submitted to the Centers for Medicare and Medicaid by October 1, 2017. Changes do not become effective until approval by the Centers for Medicare and Medicaid of the State Plan amendments submitted by DHHS to effect the change has been received.

Amends GS 18B-1104 to direct the Alcoholic Beverage Control Commission (Commission) to confirm by October 1 of each year that the holder of a brewery permit complies with GS 18B-900(a)(8). Authorizes the Commission to suspend a person's brewery permit until the Commission receives notice from the Department of Revenue that the person is in compliance. Directs brewery permit holders who obtain a malt beverage wholesaler permit to report to the Commission by October 1 of each year six specified pieces of information regarding the amount of malt beverages sold. Makes technical and organizational changes.

Amends GS 18B-1105 to direct the Commission to confirm by October 1 of each year that the holder of a distillery permit complies with GS 18B-900(a)(8). Authorizes the Commission to suspend a person's distillery permit until the Commission receives notice from the Department of Revenue that the person is in compliance.

Makes conforming changes to GS 18B-903(c1), GS 18B-1001(l), GS 18B-1114.5(a), GS 18B-1116(a), and GS 18B-1305(a1).