Amends GS 62-3 to define energy storing equipment as a set of technologies capable of storing electronic energy and later releasing it. The type of energy stored must be capable of being released as electric power at a later time. The qualifying energies include, but are not limited to, the storage of potential, kinetic, chemical, or thermal energy. Amends GS 62-159.3 by adding a new provision to clarify that the addition of energy storing equipment to a renewable energy generating facility will not constitute a material modification of the facility if: (1) the equipment is connected to the DC side of the facility, (2) the AC rating is not modified, and (3) the total output does not exceed the established maximum export capacity. This provision applies to facilities that are operational, under construction, or have interconnection applications pending with a public utility.

 

Requires the North Carolina Utilities Commission (Commission), within 60 days after the effective date of the act, to initiate a proceeding to (1) modify the North Carolina Interconnection Procedures to expedite the interconnection of energy storage equipment to the grid and the addition of energy storage equipment to renewable energy generating facilities, and (2) determine whether new or modified public utility tariffs are needed to appropriately compensate operators of energy storage equipment, including small power producers, for the full range of services provided by energy storage equipment. Sets out five requirements for the proceeding, including, if in the public interest, adopting new or modified tariffs for small power producers that add energy storage equipment to operating renewable energy facilities. Requires the Commission to provide interested parties and opportunity to intervene, conduct discovery, and present testimony in the proceeding. Allows the Commission to employ third-party consultants and experts. 

Revises GS 105-275(45) to add energy storage equipment to the eighty percent (80%) appraisal requirement. Clarifies that the term “solar energy electric system” includes equipment connected to the solar energy electric system. Provides that “energy storage equipment” has the same meaning as in GS 62-3.

Enacts new Article 43, Reflexology, in GS Chapter 90 (Medicine and Allied Occupations).  Defines relevant terms including reflexology, certification, and certifying entity in newly enacted GS 90-726.  Enacts new GS 90-726.1 mandating that compensation for reflexology services may be received only by a certified reflexologist, unless the provider is a student in a nationally recognized reflexology education program or holds a certification of completion from such a program that he or she completed no more than six months prior to receiving compensation for reflexology services. 

Enacts new GS 90-726.2 requiring a provider of reflexology services to prominently display his or her certificate at their main place of business or have it available on his or her person when providing services at a different location.

Enacts new GS 90-726.3 requiring advertising for the purpose of attracting clients for reflexology services to the state that those services will be provided by a certified reflexologist as well as the name of the certifying entity.

Enacts new GS 90-726.4 exempting certain listed licensed professionals who in the course of their work may apply pressure to certain reflex areas on a person's body, if the application of pressure accounts for 25% or less of that person's work.  

Enacts new GS 90-726.5 creating a civil penalty of no more than $5,000 for each violation of this Article by an individual, and for violations by a place of business a civil penalty will be assessed of no more than $5,000 for each violation as well as a suspension of any license to operate for no more than 90 days.  Directs that clear proceeds from assessed penalties must be remitted to the Civil Penalty and Forfeiture Fund in accordance with GS 115C-457.2.

Amends GS 90-624 (activities not requiring a license to practice) in Article 36 (massage and bodywork therapy practice) which states nothing in Article 36 may be used to prohibit or affect a list of specified activities, by adding new subdivision (9) listing a certified reflexologist engaged in the practice of reflexology as defined in GS 90-726.

Effective January 1, 2021.

Requires schools to allow representatives of a patriotic society to speak to students at the beginning of each school year during instructional hours to provide information regarding how the society may further the students' educational interests and civic involvement.  Defines patriotic society as a group or organization listed in Title 36 of the United States Code (Patriotic and National Observances, Ceremonies, and Organizations) that is a youth membership organization with an educational purpose.  Requires representatives of a patriotic society to provide to the school oral or written notice of the desire to speak with students, upon which the school must provide oral or written approval of the specific day and time to last no longer than one hour.   

Applies the above to the following statutes, which are amended accordingly: (1) GS 115C-81.60 (elementary and secondary education) by adding new subsection (c), (2) GS 115C-218.75 (charter schools) by adding new subsection (g), (3) GS 115C-238.66 (regional schools), and (4) GS 116-239.8 (University of North Carolina laboratory schools) by adding new subdivision (17).  

Applies beginning with the 2019-2020 school year.

Section 1

Makes the following changes to GS Chapter 159G, Water Infrastructure.

Amends GS 159G-20 to define distressed unit and Viable Utility Reserve. Modifies the term local government unit to include a metropolitan water district, a metropolitan sewerage district, and a county water and sewer district. Makes organizational changes and updates GS Chapter 162A Article and GS Chapter 160A references.

Amends GS 159G-21 to establish that revenue received under GS 162A-221 (as enacted, establishes monthly surcharges for water and wastewater services) is governed by the Chapter to provide local government grants.

Amends GS 159G-22 to establish the Viability Utility Reserve (Reserve) account within the Water Infrastructure Fund to receive collections under GS 162A-221 and State appropriations. Specifies that credited revenue to the account is neither received from the federal government nor provided as a match for federal funds. Directs the Department of Environmental Quality (DEQ) to establish accounts within the Reserve to administer grants for public water systems or wastewater systems owned by local government units. 

Amends GS 159G-30 to include the administration of grants made from the Reserve, through the Division of Water Infrastructure (Division), in DEQ's responsibilities. Makes clarifying and technical changes.

Amends GS 159G-31 to establish that a local government unit, as now defined, is eligible to apply for a grant from the Reserve.

Amends GS 159G-32 to specify five authorized uses for grants from the Reserve, including rehabilitating existing public water or wastewater infrastructure, decentralizing an existing public water or wastewater system, and funding a study of rates or merger and regionalization options.

Enacts GS 159G-34A, detailing three types of authorized Reserve grants: (1) an asset assessment and rate study grant, (2) a merger/regionalization feasibility grant, and (3) a project grant. Requires separate accounts in the Reserve for each type of grant. Describes budgeting for grants based upon estimates of collections remitted under GS 162A-222 (as enacted, provides for the transfer of water and wastewater services surcharge collections under GS 162A-221 to the Reserve) and gives priority to local government units in the subsequent year in which the actual remittance of collections is less than the estimate.

Amends GS 159G-35 to require the Local Government Commission and the State Water Infrastructure Authority (Authority) to jointly develop evaluation criteria to review grant applications and award grants from the Reserve as provided in GS 159G-39, as amended. Makes clarifying changes.

Amends GS 159G-36 to prohibit the amount of a Reserve grant from exceeding the construction costs of a project. Specifies that grant availability is limited to the extent that other funding sources are not reasonably available to the applicant. Caps grants from the Reserve to any single local government unit at $15 million, and at $30 million where two or more governmental units are merging into a single utility.

Expands the application provisions set forth in GS 159G-37 concerning loans and grants from other Reserves under the Chapter to include applications for grants from the Reserve.

Amends GS 159G-39 to require the Local Government Commission to approve the grant award and terms before a grant can be awarded. Authorizes DEQ and the Local Government Commission to impose specific performance measures or conditions on a Reserve grant, in their discretion.

Enacts GS 159G-45 to require the Authority and the Local Government Commission to develop criteria for assessment and review of local government units to identify distressed units, defined as a public water or wastewater system exhibiting signs of failure to identify or address those financial or operating needs necessary to enable that system to become or to remain a local government unit generating sufficient revenues to adequately fund management and operations, personnel, appropriate levels of maintenance, and reinvestment that facilitate the provision of reliable water or wastewater services. Details five components which the criteria should address, including whether the public water or wastewater system has an established, operational, and adequately funded program for its repair, maintenance, and management. Requires distressed units to take certain actions, as described, including developing an action plan for short- and long-term infrastructure repair, maintenance and management, continuing education of the governing board and system operating staff, and long-term financial management. Also requires distressed units to conduct an asset assessment and rate study, and participate in a training and educational program. Provides that once the requirements are met, the local government unit is no longer identified as a distressed unit for the remainder of that assessment and review cycle. Requires the assessment and review cycle of local government units to be no less than every two years, with frequency to be established by the Authority and the Local Government Commission.

Effective October 1, 2019.

Section 2

Enacts Article 9, Water and Wastewater Surcharge, to GS Chapter 162A. Sets forth definitions for the Article. Imposes a monthly surcharge on each active account of a public water system or wastewater system, payable by the account holder, in the amount of $1 per residential account and nonresidential account receiving water service or wastewater service from a local government unit, as specified. Makes local government units responsible for surcharge billing and collecting, and authorizes local government units to retain up to 2% of the amounts collected to cover administrative costs. Requires local government units to remit the amounts collected to the Reserve on a quarterly basis. Sunsets the Article June 30, 2029.

Amends specified statutes of GS Chapter 130A, GS Chapter 153A, GS Chapter 160A, and GS Chapter 162A to require sanitary district boards, cities, counties, and authorities and district boards created under GS Chapter 162A to collect any applicable monthly surcharges under new GS Chapter 162A-221.

Effective October 1, 2019.

Section 3

Enacts Article 10, Dissolution and Merger of Units, to GS Chapter 162A. Defines unit as the same entities created under GS Chapter 162A that are included in the term local government unit under GS Chapter 159G, as amended. Details information which must be provided to the Environmental Management Commission (Commission) prior to any action under the Article to merge or dissolve. Requires the Commission to provide a copy of the information submitted to DEQ and the Local Government Commission upon receipt of a request to dissolve or merge. Specifies notice requirements for district boards of affected units and any other governing boards affected upon confirmation of the time and place for a public hearing on dissolution or merger. 

Authorizes a unit to merge with any other unit, county, city, consolidated city-county, sanitary district, or  joint agency, as described, (1)  if the merger is a condition of receiving a grant from the Reserve or (2) upon approval of the Commission, in consultation with DEQ and the Local Government Commission. Provides for the the transfer of assets, liabilities, and obligations by resolution of the Commission, as specified, and details dissolving a unit upon satisfaction of certain criteria. 

Authorizes a unit to be dissolved (1) if the merger is a condition of receiving a grant from the Reserve or (2) in order to merge with another unit, county, city, consolidated city-county, sanitary district, or joint agency, as described, and establish a new entity upon approval of the Commission, in consultation with DEQ and the Local Government Commission. Provides for the the transfer of assets, liabilities, and obligations by resolution of the Commission, as specified, and dissolving a unit.

Establishes the effective date for merger or dissolution upon the adoption of a resolution by the Commission to be fixed as of June 30 following the adoption or the second June 30 following the adoption of the resolution. Details the effect of a merger or dissolution upon adoption of a resolution by the Commission and authorizes all governing boards and district boards to take actions and execute the documents necessary to effectuate the described provisions. 

Effective October 1, 2019.

Section 4

Enacts Article 5, Water and Wastewater Systems, to GS Chapter 160A. Sets forth defined terms. Authorizes interlocal cooperation between local government units for any purpose. Specifies that interlocal cooperation contracts for one or more undertakings under Part 5 are governed by the provisions of Part 1, Joint Exercise of Powers, Article 20, GS Chapter 160A.

Section 5

Directs DEQ to study the statutes and rules governing subbasin transfers. Details requirements of the study, including whether the costs of complying with specific statutory requirements are worth the benefits of the requirements. Requires DEQ to submit a report to the Commission by October 1, 2019.

Section 6

Directs the State Treasurer and Secretary of State to study the feasibility of authorizing historical charts for local government units that have become or may become defunct. Details requirements of the study, including the consequences of such charters. Requires the State Treasurer and the Secretary of State to report to the General Assembly by March 1, 2020.

Repeals GS Chapter 131E, Article 9 (Certificate of Need). Makes conforming changes to GS 6-19.1, GS 113A-12, GS 122C-23.1, GS 131E-13, GS 131E-136, GS 148-19.1, GS 130A-45.02, GS 143B-1292, GS 150B-2, and GS 150B-21.1. Makes further conforming changes to GS 58-50-61 (defining health service facility as it was defined in the repealed Article) and GS 58-55-35 (defining hospice and intermediate care facility for those with intellectual disabilities as they were defined in the repealed Article, and updating language and making technical changes).

Effective January 1, 2020.

Includes whereas clauses.

Enacts Article 1L, Pain Capable Unborn Child Protection Act, to GS Chapter 90. Sets forth nine defined terms. 

Prohibits performing, inducing, or attempting to perform or induce the abortion of an unborn child capable of feeling pain unless necessary to prevent a serious health risk to the unborn child's mother. Defines serious health risk to the unborn child's mother to mean that the unborn child's mother is at risk of death or substantial and irreversible physical impairment of one or more of her major bodily functions, not including psychological or emotional conditions, due to her pregnancy as determined through the use of reasonable medical judgement; prohibits such a determination if based on a claim or diagnosis that the unborn child's mother will engage in conduct that she intends to results in her death or in the substantial and irreversible physical impairment of one or more of her major bodily functions. Deems an unborn child to be capable of feeling pain if a physician, as specified, determines that the probable post-fertilization age, as defined, of the unborn child is 20 or more weeks. Specifies that a dead unborn child is not capable of feeling pain. Prohibits performing, inducing, or attempting to perform or induce an abortion without first determining the probable post-fertilization age of the unborn child. Requires medical exams and tests which a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary in making an accurate determination. Requires the necessary abortion of an unborn child capable of feeling pain to be by a physician through or by the method that, using reasonable medical judgment, provides the best opportunity for the unborn child to survive, unless, using reasonable medical judgement, termination of the pregnancy in that manner would pose a more serious health risk to the unborn child's mother than would other available methods.

Establishes reporting requirements for physicians who perform, induce, or attempt to perform or induce an abortion, beginning January 1, 2020, to the Department of Health and Human Services (DHHS). Details requirements of the reports, including the probable post-fertilization age of the unborn child and whether an ultrasound was employed in making the determination, the method of abortion, the age and race of the unborn child's mother, and reasoning for certain determinations made, as specified. Requires each report to contain a unique medical record identifier number to match the medical records of the woman whose pregnancy was terminated, but not the name, address or other identifying information of the woman. Requires DHHS to annually publish, beginning on June 30, 2020, in paper and on its website a summary of the previous calendar year compiled from the reports. Details requirements of the annual publication, including that the summary cannot reasonably lead to the identification of women. Authorizes DHHS to assess a penalty of $1,000 for failure to submit a report required by the statute by the end of the 30th day following the due date established by DHHS, and assesses the penalty for each 30-day period or portion thereof that a report is overdue. Authorizes DHHS to bring an action for compliance with the statute after a report is six months overdue. Deems intentional or reckless failure to comply with the statute or a court order unprofessional conduct and grounds for disciplinary action. Makes it a Class 1 misdemeanor to intentionally or recklessly falsify a report required under the statute.

Makes it a Class D felony for a physician to intentionally or recklessly perform, induce, or attempt to perform or induce an abortion in violation of new GS 90-21.131, unless covered under another law with greater punishment. Excludes from prosecution a woman upon whom an abortion is performed, induced, or attempted.

Creates a cause of action for actual and punitive damages for a woman upon whom an abortion has been performed or induced, or attempted, in intentional or reckless violation of new GS 90-21.131, or the father of an unborn child aborted in intentional or reckless violation of GS 90-21.131. Provides for an injunction to prevent a person who has intentionally or recklessly violated GS 90-21.131 from performing, inducing, or attempting to perform or induce further abortions in violation of the statute, to be brought by the woman upon whom an abortion has been performed or induced, or attempted, in intentional or reckless violation of new GS 90-21.131; the spouse, parent, sibling, or guardian of, or a current or former health care provider of, the woman upon whom an abortion has been performed or induced, or attempted, in intentional or reckless violation of new GS 90-21.131; a district attorney with jurisdiction; and the Attorney General. Authorizes the award of attorneys' fees for a successful plaintiff, or a defendant when the court finds the plaintiff's case was frivolous or brought in bad faith. Prohibits the award of damages to a plaintiff whose pregnancy resulted from the plaintiff's criminal conduct. Except as provided, prohibits the assessment of damages or attorneys' fees against the woman upon whom the abortion was performed, induced, or attempted.

Requires the court to rule on whether the anonymity of the woman must be preserved from public disclosure if the woman does not give her consent to disclosure. If so determined, requires the court to issue an order to preserve the woman's anonymity to the parties, witnesses, and counsel, direct the sealing of the record, and exclusion of individuals from courtrooms and hearing rooms as necessary. Sets forth further criteria of such court orders, including justifications for the order. Requires other persons authorized to bring civil actions for injunction, as authorized, to use a pseudonym if the woman does not consent to public disclosure. Specifies that the statute cannot conceal the identity of the plaintiff or any witness from the defendant or from the defendant's attorneys. 

Creates the NC Pain Capable Unborn Child Protection Act Litigation Defense Fund (Fund) in the Office of Attorney General (Office). Requires the Fund to be placed in an interest bearing account, and receive interest earned, as well as legislative appropriations, and any private donations, gifts, or grants made to the Fund. Restricts use of the Fund's funds to covering any costs or expenses incurred by the Office in relation to actions taken to defend the laws of the Article. Deems unappropriated money in the Fund appropriated for that purpose. 

Provides for construction of the Article's provisions, and specifies that the provisions of new Article 1L of GS Chapter 90 and Article 11 of GS Chapter 14, Abortion and Kindred Offenses, are exclusive. Provides for situations where the Articles allow for lawful conduct under one but not the other, or circumstances in which some or all of the provisions are temporarily or permanently restrained or enjoined by judicial order.

Applies to offenses committed on or after December 1, 2019.

Provides a severability clause.

Adds new Article 11, entitled Child Support Cooperation Act, to GS Chapter 110. Provides that the Department of Health and Human Services must require applicants for electronic food and nutrition benefits to cooperate with the Child Support Enforcement Program as a condition of eligibility for food and nutrition benefits.  Effective July 1, 2020. 

Repeals GS 113-182.1, which governed Fishery Management Plans, and replaces it with new GS 113-182.2, which provides as follows.

Requires the Division of Marine Fisheries (Division) to prepare Fishery Management Plans (Plans) and Fishery Management Plan Amendments (Amendments) for adoption by the Marine Fisheries Commission (Commission) in order to ensure a sustainable harvest for all significant species and for state marine and estuarine fisheries identified by the Division that are not included under a federal or interstate management plan. Requires the Plans and Amendments to be based on fishery management standards and best available scientific, technical, and economic data and requires that they are developed under a schedule adopted by the Division. Allows the Division to develop guidance criteria as to the content and development process. 

Requires each Plan and Amendment to be designed to reflect that fishery's unique fishing practices. Requires each Plan or Amendment to address six specified topics, including recommending management actions to ensure a sustainable harvest, and include a rebuilding schedule to achieve and maintain a sustainable harvest. Provides that once a Plan is adopted, management recommendations, strategies, and measures can be modified only through an Amendment.

Requires the Fisheries Director to provide the Chair of the Commission with a list of qualified candidates to assist in the development of each Plan and Amendment, and requires the Chair to appoint members from the list to each Fishery Management Plan Advisory Committee (Advisory Committee). Sets out qualification requirements for members of the Advisory Committee.

Requires the Division to consult with the regional advisory committees on the preparation of each Plan or Amendment and requires the Division to seek advice from those committees and review their comments and recommendations within the established time limits before submitting a Plan or Amendment for review by the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources. Also requires the Commission to consider comments or recommendations regarding the management measure that a regional advisory committee submits to the Commission. 

Requires each Plan or Amendment to be reviewed every five years to ensure that the management measures meet the rebuilding schedule to achieve a sustainable harvest. Requires presentation of an annual update to the Commission. Sets out conditions under which a Plan or amendment may be retired. Allows the Division to revise the schedule for developing Plans and Amendments.

Requires the Secretary of Environmental Quality (Secretary) to monitor progress in the development and adoption of the Plans and Amendments and to report to the specified NCGA committee and division within 30 days of completion. Sets out timeline for the committee to provide comments. 

Requires the Commission to adopt rules to implement the Plans.

Allows the Commission to include in a Plan a recommendation that the General Assembly limit the number of fishermen authorized to participate in the fishery; allows such recommendation only if the Commission determines that a sustainable harvest cannot otherwise be achieved. Sets out 8 factors to be considered in deciding whether to make such a recommendation.  

Allows the Secretary, in consultation with the Director, to authorize development of a Fishery Management Plan Supplement to an existing Plan or Amendment if it is in the interest of maintaining a sustainable harvest. Provides that the Supplements are temporary and intended to address emergency conditions that cannot be practicably addressed through the Plan or Amendment process. Exempts the Supplement from specified procedural requirements and sets out additional provisions governing the adoption of a Supplement.

The above provisions become effective July 1, 2019. Allows Plans and Amendments that were under development before that date to continue under the process set out in repealed GS 113-182.1. 

Amends GS 113-221.1 to require proclamations that suspend or implement particular rules of the Commission whose application may be affected by variable conditions to be consistent with management measures adopted under GS 113-182.2 or as otherwise provided by Commission rules. Amends the provision allowing the calling of an emergency Commission meeting to consider the issuance of a proclamation to exclude issuing a proclamation for management measures already adopted under GS 113-182.2.

Amends provisions related to the Commission as follows. Amends GS 143B-289.52 to require that rules adopted by the Commission and management measures in the rules be based on recognized fishery management standards and the best available scientific, technical, and economic data. Amends the Commission's duties to allow delegating to the Director the authority by proclamation to suspend or implement a particular rule of the Commission that may be affected by variable circumstances to a fishery resource or habitat. Makes conforming changes to the duty to adopt a Fishery Management Plan. Specifies that the Commission's power to establish standards and adopt rules to regulate the importation and exportation of fish and equipment that may be used in taking or processing fish includes non-native species. Allows the Commission to regulate participation in a fishery subject to a federal fishery management plan if it imposes a quota or allocation (was, quota only) on the State for the harvest or landing of fish in the fishery. Allows the Commission to use any additional criteria aside from holding coastal recreational fishing licenses. 

Amends GS 143B-289.54 by amending the requirements for Commission membership by (1) removing provisions allowing the spouse of a commercial fisherman meeting the specified requirements to be appointed as a member; (2) requiring that one member be engaged in or retired from commercial fishing demonstrated by deriving at least 50% of annual earned income from selling wild and aquaculture (was, income from taking and selling fishery) resources in coastal fishing waters of the state; (3) requiring that one person be engaged in the for-hire or sports fishing industries (was, sports fishing industry only); (4) requiring one person to be a recognized habitat, water quality, or ecosystems scientist with specified special training and expertise, and another person to be a recognized fisheries scientist with specified special training and expertise (these replace two individuals who were required to more broadly have general knowledge of and experience related to subjects and persons regulated by the Commission), and requires that the person not receive more than the specified amount of income from commercial or sports fishing industries; and (5) requiring that the already described appointee who is a fisheries scientist be recognized as such. Requires that the membership include at least one person who is a resident of the three named regions (was, more generally, a resident of each of the three coastal regions). Allows a person serving on the Commission at the time that the act becomes law to continue to serve for their remaining term even if they no longer meet the qualifications of amended GS 143B-289.54.

Specifies that other than routine communications sent from Division staff to all Commission members, any electronic, oral, or other communications (was, only electronic communications) among a majority of the Commission is considered an official meting. 

Adds the requirement that the Commission establish and publish a written agenda for the its quarterly meetings. Prohibits a member from moving to deliberate or vote on any business or issue not previously noticed on the meeting agenda once a meeting is convened. Allows members to move at the meeting to deliberate or vote on new business or issues for future meetings.

Amends GS 143B-289.57 by amending requirements for the Marine Fisheries Commission Advisory Committees, as follows. Decreases the number of standing advisory committees from four to three and the number of regional advisory committees from four to two. Requires that the designation of chairs be based on recommendations by the Division. Makes provisions governing standing advisory committees also applicable to regional advisory committees and makes conforming changes. Adds that if the Commission rejects a conclusion or recommendation from an advisory committee, the Commission must provide its reasons for doing so, in writing. 

Amends GS 113-136, concerning the enforcement authority of inspectors and protectors, as follows. Separates out provisions related to an inspector's request to exhibit any item required to be carried by law so that they are separate from the same provisions related to protectors. Makes it unlawful to refuse to allow inspectors or other law enforcement officers to inspect equipment and fish that the officer reasonably believes to be possessed incident to an activity regulated by any law or rule as to which inspectors have enforcement jurisdiction (previously allowed for a broader list that also applied to protectors); makes conforming changes.

Amends GS 113-129 to define non-native species.

Amends GS 113-132 by providing that the Commission's jurisdiction includes the regulation of aquaculture facilities that cultivate or rear marine and estuarine resources, marine aquatic species, or non-native species (was, estuarine resources only). Specifies that the jurisdiction of the Commission or the Wildlife Resources Commission does not include matters in the jurisdiction of the specified entities, including policy matters; adds to those named entities the Department of Environmental Quality (Department). 

Amends GS 113-170 to allow Commission rules to include regulating, licensing, prohibiting, or restricting holding or maintaining in marine aquaculture operations in the state, as well as exportation of non-native species.

Amends GS 113-170.3 to include within those records that are not public records and that are to be treated as confidential (1) specified records received by the Department and (2) confidential federal fishery data and records concerning species significant to the State that are maintained by and received from the National Oceanic and Atmospheric Administration. 

Repeals GS 113-181, which made it the Department's duty to administer and enforce the provisions of this Subchapter pertaining to the conservation of marine and estuarine resources, replacing it with GS 113-181.1, which expands upon that duty to also include the management of those resources and the development and implementation of Fishery Management Plans and Amendments and Coastal Habitat Protection Plans.

Amends GS 113-215 to include within the definition of marine aquaculture the propagation and rearing of non-native species.

Amends GS 113-228 to provide that to the extent the Department is granted authority over subject matter as to which there is concurrent federal or interstate jurisdiction, the Commission may by reference in its rules adopt relevant provisions of federal or interstate laws, regulations, and management measures as State rules. 

Includes a severability clause. 

Enacts new GS 62-352 to make the owner or operator of a utility-scale solar project responsible for proper decommissioning of the project upon cessation of activities and reclamation of the property to its condition before the commencement of activities on the site no later than one year following completion of the operations. Defines utility-scale solar project as a ground-mounted photovoltaic (PV), concentrating photovoltaic (CPV), or concentrating solar power (CSP or solar thermal) project capable of generating one megawatt (MW) or more directly connected to the electrical grid for sale to wholesale customers. Requires the following, at a minimum, in decommissioning a project: (1) disconnect the solar project from the power grid and (2) remove all equipment from the solar project and collect and ship it to another project for reuse, or recycle all of the components, or properly dispose of components that will not be reused and can't be recycled. Requires the owner or operator to establish financial assurance in an amount acceptable to the Department of Environmental Quality (DEQ) that will ensure that sufficient funds are available for decommissioning of the facility and reclamation of the property to its condition before commencement of activities on the site. Requires DEQ to adopt rules containing criteria for setting the required amount of financial assurance and sets out additional requirements for these rules. The financial assurance requirements become effective January 1, 2020. In addition to requirements for recycling utility-scale solar project components, requires owners or operators to recycle each solar panel at the end of the panel's useful life. Requires conducting and documenting due diligence assessments of the recyclers that the owner or operator contracts with. Requires notifying DEQ within 30 days of cessation of activities, which must include a description of the steps to be taken to decommission the project and reclaim the site. Requires the Utilities Commission to annually provide DEQ with a list of all utility-scale solar projects operating within the state. 

Amends GS 143-215.121 by adding a requirement that the owner or operator of a wind energy facility be responsible for decommissioning the facility upon cessation of activities and reclamation of the property to its condition before the commencement of activities on the site, no later than one year following completion of the operations. Requires the following, at a minimum, in decommissioning a project: (1) disconnect the facility from the power grid and (2) remove all equipment necessary for the facility's operation and collect and ship it to another project for reuse, or recycle all of the components, or properly dispose of components that will not be reused and can't be recycled. Maintains the financial assurance provisions that are currently in the statute. Also requires recycling equipment necessary for the operation of the facility at the end of the equipment's useful life. Requires conducting and documenting due diligence assessments of the recyclers that the owner or operator contracts with. Requires notifying DEQ within 30 days of cessation of activities, which must include a description of the steps to be taken to decommission the project and reclaim the site.

Adds new Part 2J, Management of Solar Energy Equipment, in Article 9 of GS Chapter 130A, which provides as follows. Sets out legislative findings concerning solar energy equipment and sets out and defines terms that are used in the new statute. Requires DEQ to develop guidance for a photovoltaic module stewardship and takeback program for manufacturers in preparing and implementing a self-directed program for the takeback and recycling of photovoltaic modules and their components and materials. Requires DEQ to establish a process to develop guidance for photovoltaic module stewardship plans by January 1, 2020, and requires that the process be fully implemented and guidance completed by July 1, 2020. Allows a manufacturer to designate a stewardship organization to act as an agent on its behalf in operating and implementing the stewardship program. Sets out notification requirements applicable to designated organizations. Requires manufacturers to submit a stewardship plan to DEQ by the later of January 1, 2021, or within 30 days of their first sale of a photovoltaic module in or into the state. Sets out five required components of the stewardship plan, including describing how the program will minimize the release of hazardous substances into the environment and maximize the recovery of other components, and provide for takeback of photovoltaic modules at locations within the region of the State in which the photovoltaic modules were used and are as convenient as reasonably practicable. Allows the stewardship plan to be amended periodically; sets out related requirements. Requires DEQ to approve, approve with modifications, or deny a stewardship plan no later than six months after receiving the plan. Allows an annual report to include recommendations to DEQ or the legislature on modifications to the program and requires that the report be posted on the manufacturer's or stewardship organization's public website. Prohibits a manufacturer from selling or offering for sale a photovoltaic module in or into the state unless the manufacturer has an approved stewardship plan, beginning July 1, 2021. Allows DEQ to send out notices of violation and assess penalties of up to $10,000 per sale. Requires manufacturers to pay a $2,500 registration fee valid through the last day of the fiscal year, and sets the renewal registration fee at the same amount. Registration fees are credited to the new Photovoltaic Module Management Fund to be used by DEQ to implement the program. 

Effective when the act becomes law, requires DEQ to adopt temporary rules implementing the act's requirements by September 1, 2019. Requires DEQ to report to the specified NCGA commissions by September 1, 2019, on the status of the rulemaking and an estimate of money needed in order to implement a program to oversee the act's recycling requirements.

Includes a severability clause.

Unless otherwise indicated, effective September 1, 2019.

 

Directs the Department of Health and Human Services (DHHS) to enter into capitated contracts with at least two prepaid dental plans for the provision of dental services to Medicaid and NC Health Choice recipients consistent with the goals of Medicaid transformation outlined in SL 2015-245 (Medicaid Transformation and Reorganization) as amended. Requires DHHS to consult with the Joint Legislative Oversight Committee on Medicaid and NC Health Choice on the terms and conditions of the requests for proposals (RFPs) for the solicitation of bids for statewide capitated contracts for the provision of services, in accordance with GS 12-3(15). Requires contracts to be the result of the submission of competitive bids by prepaid dental plans resulting from the RFPs, and details the minimum provisions the contracts must include. Directs DHHS to oversee, monitor, and enforce capitated dental services contract performance.

Clarifies that the intent of the General Assembly is that the transition to the provision of dental services under capitated contracts will coincide with Medicaid transformation provided for in SL 2015-245, as amended. Directs DHHS to ensure the act's implementation is in line with the implementation of Medicaid transformation. Requires DHHS to submit to the Centers for Medicare and Medicaid Services (CMS) any necessary waiver applications and State Plan amendments to accomplish the act's requirements no later than January 1, 2020.

Amends GS 84-5 (prohibition as to practice of law by corporation) by adding new subsection (c) exempting S Corporations, as defined in GS 105-131, from the prohibition against allowing corporations to practice law or appear as an attorney in any court or judicial proceeding in this state.

Enacts new Article 9, Roofing Repair Contractors, in GS Chapter 75, which provides as follows. The Article applies only to roofing repairs with an estimated cost of more than $1,000; allows this threshold to be increased by the Commissioner of Insurance no more than once every three years based on market conditions or inflation, and the amount of a single increase may not exceed $100.

Provides that the Article is to be in addition to, not in lieu of, a required licensure.

Requires written contracts for roofing repairs and specifies items to be included in those contracts. Defines roofing repairs as repairs to an existing roofing system, including a total replacement of the existing roofing system. Sets out additional required provisions for contracts for roofing repairs for which the consumer anticipates using insurance proceeds to pay for the performance of the contract and the roofing repair contractor is aware of the source of funds. The additional requirements include the inclusion of a specified notice of cancellation.

Allows a consumer who has entered into a written contract for roofing repair with a roofing repair contractor to provide materials, labor, or services to be paid from insurance proceeds to cancel the contract at any time before midnight of the third business day after the consumer has received written notice that the insurer will not be paying a claim for the repair. Sets out the procedure for cancellation. Requires the roofing repair contractor to return any payments or deposits and cancel any indebtedness within 10 days after a contract has been cancelled. Specifies that if the roofing repair contractor has performed any emergency services, acknowledged by the consumer in writing to be necessary to prevent further damage to the premises, the roofing repair contractor is entitled to the reasonable value of the emergency services. Any provision in a written contract for roofing repairs that in the event of cancellation requires the payment of any fee for anything except emergency services is a violation of GS 75‑1.1 and is not enforceable against any consumer who has cancelled a contract under this statute.

Prohibits a roofing repair contractor from: (1) advertising or otherwise promising or offering to pay, or paying, all or any portion of any insurance deductible as an inducement to the sale of any materials, labor, and or services; (2) offering, or providing, any upgraded work, material, or product, granting any allowance or offering any discount against the fees to be charged or paying the consumer any form of compensation, gift, prize, bonus, coupon, credit, referral fee, trade‑in or trade‑in payment, advertising, or other fee or payment as an inducement to the sale of any materials, labor, or services; (3) offering, or providing, anything of value in exchange for permitting the roofing repair contractor to display a sign or any other type of advertisement at the consumer's premises; or (4) with respect to any insurance claim in connection with the repair or replacement of roof systems, or the performance of any other exterior repair, replacement, construction, or reconstruction work, obtaining a power of attorney from or on behalf of a consumer, offering to report or adjust a claim on behalf of a consumer, representing or negotiating or obtaining or attempting to obtain, an assignment of claims, rights, benefits, or proceeds from or on behalf of a consumer, or offering or advertising to represent or negotiate, obtain, or attempt to obtain an assignment of claims, rights, benefits, or proceeds.

Prohibits an adjuster or a public adjuster from acting as a roofing repair contractor.

Violations of the Article are an unfair and deceptive trade practice.

Applies to contracts for roofing repair entered into on or after October 1, 2019.

Establishes the North Carolina Classroom Supply Program (Program) to provide $400 to each eligible classroom teacher, as defined, to purchase classroom supplies, out of funds appropriated to the Department of Public Instruction's (DPI) classroom materials allotment.  Defines eligible classroom teacher and public school unit. 

Directs each local school administrative unit to transfer from the specified fund $400 per eligible teacher to teacher electronic accounts, beginning with the 2019-20 school year.  Allows public school units, other than local administrative units, to opt in to the Program by August 1 of the fiscal year.  Exempts local school administrative units operating a renewal school system plan pursuant to Section 6 of SL 2018-32 from participation but allows those units to opt in.    

Requires DPI to use the same administrative system to manage funds as the North Carolina State Education Assistance Authority (Authority) for the Personal Education Savings Account.  Requires DPI to model its contract to meet the act's requirements, including capabilities to (1) restrict purchases, (2) automate the capture of purchase receipts, and (3) allow teachers to crowd-fund for certain products.

If the vendor currently used by the Authority is unable to meet the act's requirements, DPI must contract with a vendor that provides a virtual e-wallet platform and an e-commerce marketplace.

Mandates the funds be used to supplement the materials and supplies otherwise available to classroom teachers.  Excludes from use the purchase of electronic devices or software or for administrative purposes.  Classifies supplies purchased by these funds as school property.  Directs unused supplies to be made available for the following school year or for other eligible classroom teachers.  Directs unexpended funds to revert to the General Fund at the end of each fiscal year.

Effective July 1, 2019, and applies beginning with the 2019-20 school year.

Amends GS 143B-437.02A (The Film and Entertainment Grant Fund) by removing the distinction between feature-length films for theatrical viewing and those for television.  Reduces the funds reserved for feature-length films from $3,000,000 or $1,000,000 to $500,000.  Reduces the funds reserved for a television series from $1,000,000 to $500,000 per episode.  Modifies a restriction on how funds may be used as follows: (1) caps the funds at 30% (previously 25%) of the qualifying expenses for the production and (2) adds new language that the restriction of 30% is in place if the majority of the production is filmed in a development tier one or two area, as defined in GS 143B-437.08 (tier one is a county whose annual ranking according to the Secretary of Commerce based on a number of economic factors is one of the 40 highest in the state; tier two is a county whose annual ranking is one of the next 40 highest in the state), but provides an amount more than 25% of the qualifying expenses for any other production.  These changes are effective upon becoming law and apply to grants made on or after that date.

Appropriates an additional $19,000,000 in recurring funds from the General Fund to the Film and Entertainment Grant Fund for the 2019-20 and 2020-21 fiscal years for purposes consistent with the Fund.  Effective July 1, 2019.

Amends GS 163A-1226, pertaining to the names of presidential electors printed on ballots, by enacting new subsection (a1) establishing that the name of a candidate for President or Vice President can appear on the general election ballot only if the candidate has filed with the State Board of Elections (Board), no later than 70 days before the date of the general election, (1) a copy of the candidate's federal income tax returns for the five years preceding the year of the general election and (2) written consent, in form prescribed by the Board, for the public disclosure of the candidate's federal income tax returns required by new subsection (a1). Directs the Board to make the federal income tax returns submitted under new subsection (a1) publicly available on the State Board of Elections website within seven days after filing. Requires the Board, in consultation with the Secretary of the Department of Revenue or the Secretary's designee, to redact any personal information or other information the Secretary or the designee determines must be kept confidential by law. Expressly prohibits a candidate's name from being printed on the official general election ballot if the candidate for President or Vice President fails to timely file the federal income tax returns and written consent with the Board as required under new subsection (a1). Makes conforming changes to GS 163A-1112(a)(3).