House committee substitute deletes the content of the 1st edition and replaces it with the following. 

Adds to the exception from the prohibition set forth in GS 14-269 against carrying a concealed weapon when a person is not on their own premises to include any elected official or person appointed to fill an elective office when the person is acting in the discharge of their official duties and possess a concealed handgun permit or an out-of-state permit considered valid under GS 14-415.21. Specifies that the exemption does not apply while the person is consuming alcohol or an unlawful controlled substance or while either remains in the person's body. Further specifies that the exemption does not exempt the person from carrying weapons on campus or education property as prohibited in GS 14-269.2; makes a conforming clarification to GS 14-269.2(g).

Amends GS 14-415.11(c) to separate the area prohibitions of GS 14-269.2 from the other enumerated area prohibitions set forth for permit holders by GS 14-415.11(c).

Amends GS 14-415.27 to authorize an elected official or person appointed to fill an elective office to conceal carry in the area prohibitions set forth in GS 14-415.11(c), except for those described in GS 14-269.2, when acting in the discharge of their official duties and possessing a concealed handgun permit or an out-of-state permit considered valid under GS 14-415.21, subject to federal law.

Makes conforming changes to the act's titles.

House committee substitute makes the following changes to the 2nd edition.

Revises new Article 16C, Provision of Wireless Call Location to Law Enforcement, as follows. Amends proposed GS 15A-300.10 by adding that the law enforcement agency requesting call location, or on whose behalf call location data was requested, within 72 hours of requesting the data from a wireless service provider, must apply for an order under GS 15A-300.11. Also requires, instead of allowing, a wireless service provider to establish procedures for voluntary disclosure of call location data.

Amends proposed GS 15A-300.11 to now require a law enforcement agency requesting call location data, or on whose behalf the data has been requested, to apply to the superior court for an order approving the release of call location data due to the existence of emergency circumstances (previously allowed a law enforcement agency requesting call location data, or on whose behalf the data has been requested, to apply to the superior court for a finding that emergency circumstances existed). Makes conforming changes by authorizing a superior court judge to enter an ex parte order approving the release of call location data if the judge makes the already specified findings. Makes conforming changes to the statute's caption. 

House committee substitute to the 1st edition makes the following changes. Adds an appropriation of $250,000 for 2021-22 from the General Fund to the Department of Public Safety to be allocated to the Alcoholic Beverage Commission for the design and development of a system to create, maintain, and disseminate the record required by new GS 18B-204(b3); provides that the funds do not revert at the end of 2021-22 fiscal year. Effective July 1, 2021. Makes conforming changes to the act's long title.

Makes the changes to GS 18B-204 effective January 1, 2022 (was, July 1, 2021).

House committee substitute makes the following changes to the 1st edition.

Part I.

Revises new subsection (a3) of GS 18B-800 to now authorize ABC stores to accept online orders and payments for alcoholic beverages sold in its store so long as the person picking up the order is legally entitled to purchase alcoholic beverages (was so long as the person picking up the order is 21).

Adds the following content to Part IV (previously reserved). Enacts new subsection (c) to GS 105-113.71 authorizing the Town of Cary to decline requiring a person who receives an ABC permit to obtain the corresponding local license from the municipality engaged in the activity authorized by the permit. Makes conforming and clarifying changes. Makes conforming changes and clarifying changes to GS 105-113.70. Makes conforming and clarifying changes to GS 105-113.77 to specify that the taxes set forth for corresponding city ABC licenses do not apply where cities decline to require a license pursuant to new GS 105-113.71(c).

Part V.

Revises new Article 62B to GS Chapter 18B as follows. No longer statutorily creates the NC Spirituous Liquor Council of the Department of Agriculture and Consumer Services. Instead, directs the Commissioner of Agriculture to appoint a North Carolina Spirituous Liquor Advisory Council, consisting of individuals who have education or experience in the spirituous liquor industry or in the field of tourism. Now sets forth Council membership to include members of the spirituous liquor industry, at least one representative of the NC Restaurant and Lodging Association, and at least one representative of the ABC Commission, and any other person selected by the Commissioner. Maintains that Council members are to receive no compensation or reimbursement for service. Makes conforming deletions of previous provisions regarding membership, terms, meetings, and staffing. Revises and eliminates Council powers and duties as follows. Now includes the duty to increase (was, achieve) public awareness of the quality of NC spirituous liquor, and eliminates the power or duty to: (1) receive and disburse funds; (2) enter into contracts for the purpose of developing new or improved markets or marketing methods for spirituous liquor products; (3) contract for research services to improve farming practices related to the growing of ingredients necessary for alcohol distillation in North Carolina; (4) enter into contracts with commercial entities for the purpose of developing marketing, advertising, and other promotional programs designed to promote the orderly growth of the North Carolina spirituous liquor industry; (5) acquire any licenses or permits necessary for performance of the duties of the Council; and (6) annually report to specified NCGA committee chairs and division. Now requires the Commissioner to make initial appointment to the Council by September 1, 2021. Deletes the previous provisions regarding initial appointments. 

Part VI.

Revises the proposed changes to GS 18B-1105(a)(5) to more specifically authorize a distillery permittee to sell only spirituous liquor distilled or produced at the distillery (was to sell its spirituous liquor), in addition to conducting consumer tastings, pursuant to GS 18B-1114.7, as amended.

Part VII.

Makes technical changes to the effective date provisions of Part VII, regarding the implementation and required amendment of the Growler Rule (14B NCAC 15C .0307).

Part IX.

Eliminates the proposed changes to GS 18B-1105(a)(2) and instead maintains existing law, which authorizes distillery permittees to sell spirituous liquor distilled or produced at the distillery in closed containers to visitors who tour the distillery for consumption off the premises. Adds new language to require length, content, and other parameters of the tour to be at the discretion of the distillery. Further adds that the distillery cannot be required to maintain records related to tours. 

Part XI.

Makes technical corrections to Section 11.1, which amends GS 18B-1105(a)(2) regarding distillery permittees, to provide for existing law. Makes technical corrections to the lead-in language.

Makes technical changes to the effective date provision for the proposed changes to GS 1105(a)(5) set forth in Section 11.2 to refer to consumer tastings rather than events held by distillery permittees.

Part XII.

Makes technical changes to the effective date provisions of Section 12.1, regarding the implementation and required amendment of the Identification Rule (14B NCAC 15B .0224).

Amends GS 8C-1, Rule 803 of the Rules of Evidence, which sets forth exceptions from the hearsay rule. Regarding the exception set forth for records of regularly conducted business activity, now allows for the record to be shown by unsworn declaration made under penalty of perjury pursuant to specified federal law, provided the other specified conditions are met.

Retroactively validates the use of unsworn declarations for the purpose of GS 8C-1, Rule 803 of the Rules of Evidence, if the use occurred after the issuance of the Governor's Executive Order No. 116, on March 10, 2020, and before the date when the act becomes law.

Effective July 1, 2021, appropriates $15,000 from the General Fund to the Office of the Secretary of State and the Administrative Office of the Courts, each, for 2021-22 to publicize and provide notary training (Secretary of State) and training (AOC) about this act.

Appropriates $200,000 in nonrecurring funds for 2021-22 from the General Fund to the Office of State Budget and Management to provide a directed grant to the Foothills Conservancy of North Carolina to provide as title indicates. Effective July 1, 2021.

Part I. cites the acts as the "Legionnaires' Disease Prevention Act."

Part II. 

Enacts new Article 10A to GS Chapter 130A as follows. Sets forth defined terms. Requires the Department of Health and Human Services (DHHS) to instruct owners and operators of covered buildings, defined as a building or facility that meets the criteria described in the American Society of Heating, Refrigeration, and Air-Conditioning Engineers (ASHRAE) Standard 188-2018 or is subject to regulation by the federal Centers for Medicare and Medicaid Services (CMS), that they are required to establish and operate a water management plan by October 1, 2022, that includes validation testing of water to minimize the growth and transmission of Legionella pneumophila in the covered building's water system consistent with ASHRAE Standard 188-2018. Requires owners and operators to retain a copy of the sampling and management plan and sampling results for at least three years as part of the water management plan required, and provide DHHS a copy of their water management plan and sampling results, whereupon DHHS is required to issue a certificate of compliance to the owner or operator. Requires the water management plan be available for inspection upon request to any department or agency with licensing or inspection authority over the covered building. Additionally requires owners or operators of a covered building to conduct Legionella pneumophilia culture sampling and analysis as required by DHHS upon a determination by DHHS of one or more cases of Legionnaires' disease are or may be associated with the covered building, or any other conditions specified in DHHS rules. Requires all sampling and testing to be performed by a lab approved to perform the analysis by the NC Wastewater/Groundwater Laboratory Certification program in the Water Sciences Section of the Department of Environmental Quality (DEQ). Directs DHHS to adopt implementing rules, including routine testing for Legionella pneumophilia bacteria for covered buildings. 

Directs DHHS to adopt required rules within 180 days of the date the act becomes law. 

Part III.

Enacts GS 130A-331.7, directing DEQ to instruct each owner or operator of a public water system to (1) assess the risk of Legionella pneumophilia in the public water system, (2) implement any necessary mitigations, and (3) implement routine sampling and testing of the public water system for the presence of Legionella pneumophilia bacteria. Requires all sampling and testing to be performed by a lab approved to perform the analysis by the NC Wastewater/Groundwater Laboratory Certification program in the Water Sciences Section of DEQ. Directs DEQ to adopt rules to incorporate the requirements of new Article 10A. 

Directs DEQ to adopt required rules within 180 days of the date the act becomes law. 

Part IV. 

Effective July 1, 2021, appropriates $100,000 for each year of 2021-23 from the General Fund to DEQ to conduct testing of the public water system for the presence of Legionella pneumophilia bacteria.

Part V.

Provides the act is effective October 1, 2021, unless otherwise provided. 

Section 1

Requires the Building Code Council (Council) to implement Section D107 of the 2018 NC Fire Code and other provisions related to fire apparatus access roads for one- and two-family dwelling residential developments as follows. Directs the Council and Code enforcement official to not require an automatic sprinkler system in one- or two-family dwellings where there are fewer than 100 dwelling units on a single public or private fire apparatus access road with access from one direction. Requires the Council to adopt amendments consistent with this directive, as specified. 

Section 2

Amends GS 160D-1207(c) to prohibit local governments from adopting or enforcing any ordinance that would require any owner or manager of rental property to obtain any permit or permission from the local government to lease rental residential real property or to register rental property with the local government, with stated exceptions (was, limited to prohibiting permits or permissions under Articles 11 or 12 of the Chapter).

Section 3

Amends GS 115C-270.20(a)(5), expanding the criteria of a residency teaching license (RL) to require the governing body of a public school unit to request the RL, in addition to having other specified criteria met (previously limited to requests by the local board of education).

Section 4

Amends GS 115C-218.45 regarding enrollment priority for charter school admissions to include grandchildren of the charter school's board of directors in addition to the children of board members and children of employees or those working full time in the daily operation of the school, capped at 15% of the school's total enrollment unless waived by the State Board of Education (State Board).

Section 5

Enacts subsection (g) to GS 115C-218.5 to entitle charter schools to automatically extend any deadline to begin operations or commence the term of its charter until the next school year upon notification to the State Board by June 30 that it is seeking land use or development approvals for its selected site or facilities, or if it is challenging the denial of any requested land use or development approvals. Tolls the term of the charter issued during the period of any extension(s) issued under subsection (g).

Section 6

Amends GS 62-110(g) to more specifically authorize the Industrial Commission to adopt procedures that allow a lessor of a single-family dwelling, residential building, or multiunit apartment complex (previously more generally to allow a lessor) to charge the costs of providing water or sewer service to persons who occupy the leased premises. Adds new subdivision (1c) to allow the lessor to equally divide the amount of the water and sewer bill for a unit among all the lessees in the unit and to send one bill to each lessee, with billing prorated based on lease period. Allows for each bill to include an administrative fee of up to the amount of the then-current administrative fee authorized by the Industrial Commission in Rule 18-6 for water service, and a late fee as determined by the Commission if applicable. Prohibits charging the cost of water and sewer from any other unit or common area in the lessee's bill. Effective October 1, 2021.

Section 7

Amends GS 130A-343, enacting new subsection (j2) to allow manufacturers to petition the Commission for Public Health (Commission) to have a wastewater trench system approved as a trench dispersal system specifically identified in a rule adopted by the Commission as provided. Defines trench dispersal systems specifically identified in rule as any trench dispersal system that (i) has been demonstrated to perform in a manner equal or superior to a trench dispersal system specifically identified in a rule adopted by the Commission; (ii) is constructed of materials whose physical and chemical properties provide the strength, durability, and chemical resistance to allow the system to withstand loads and conditions as required by rules adopted by the Commission; and (iii) has been approved by the Commission as a trench dispersal system specifically identified in a rule adopted by the Commission.

Requires the Commission to issue a limited approval for the installation of up to 1,000 wastewater trench systems as a trench dispersal system specifically identified in a rule adopted by the Commission when five conditions are met regarding dimensional requirements, installation, physical property, chemical durability, structural integrity, and functional design. 

Requires the Commission to approve the wastewater trench system from limited use to general use, allowing an unlimited number of installations, when the manufacturer provides specified information to the Commission, including (1) a survey of system hydraulic performance on at least 30 randomly selected systems currently in use and in operation for at least 12 months, as specified; and (2) a survey of system wastewater treatment efficacy for a system proposed for approval as a prefabricated, permeable block panel system, as specified. Requires the surveys to be conducted by an independent third-party professional engineer or licensed soil scientist, with reporting to the Commission as specified.

Requires Commission approval of a wastewater trench system as a trench dispersal system specifically identified in a rule adopted by the Commission to identify the approved system using a name assigned in an adopted rule. Prohibits the Commission, the Department of Health and Human Services, or a local health department from conditioning, delaying, or denying permitting of such system identified on a permit issued by a permitting authority. Prohibits the Commission from including conditions and limitations in the approval of a wastewater trench system as a trench dispersal system specifically identified in a rule adopted by the Commission that are not described in the applicable rule.

Section 8

Authorizes Tabor City to participate in State and federal railroad revitalization programs necessary to ensure continued or improved rail service to the city as authorized by GS Chapter 136. Further authorizes the City to contract with the Department of Transportation to provide for the nonfederal matching funds for such programs, which can be comprised of State funds distributed under GS 136-44.38, or city funds. Authorizes the City to level local property tax for such programs subject to the rate cap in GS 160A-209(d). Prohibits using more than 10% city funding for any project. Expires December 31, 2026.

Section 9

Provides that the act becomes effective on the date the act becomes law, unless otherwise provided. 

Includes whereas clauses. 

Amends GS 143-215.10C(f) to require annual, digital submission of an animal waste management plan that meets the specified criteria to the Department of Environmental Quality by owners or operators of a dry litter poultry facility that is not required to be permitted under the identified federal law but involves 30,000 or more birds (current law requires submission of the plan without specifying a time frame or format).

Appropriates $25,000 from the General Fund to the Department of Environmental Quality for 2021-22 to be allocated to the Division of Water Resources to develop education resources and provide technical assistance for owners and operators of dry litter poultry facilities in complying with the reporting requirement of the act. Effective July 1, 2021. 

Includes whereas clauses. Appropriates $100,000 from the General Fund to the Department of Public Instruction for each year of the 2021-23 biennium for the NC Foundation for Public School Children to be used for the NC Teacher Cadet Program. Requires the funds be used for three specified services related to expansion of the educator pipeline, including statewide curriculum training workshops for teachers with options for in-person and online ongoing support. Effective July 1, 2021. 

Amends GS 115D-39, which requires the State Board of Community Colleges (State Board) to fix and regulate all tuition and fees charged to students applying to or attending any community college institution. Eliminates all provisions regarding the determination of eligibility for qualification for in-State tuition. Instead, requires the State Board to determine eligibility for individuals to qualify as a resident for tuition purposes and to be charged the in-State tuition rate. Directs the State Board to adopt rules for eligibility for in-State qualification for tuition purposes and to be charged the in-State tuition rate that incorporate federal law requirements. Changes a statutory cross-reference provided for armed services. 

Adds to the duties of the State Board in GS 116-11 to determine eligibility for individuals to qualify as a resident for tuition purposes and to be charged the in-State tuition rate, and adopt rules for eligibility that incorporate federal law requirements. 

Repeals the following statutes related to in-State tuition eligibility: GS 116-143.1 (Provisions for determining resident status for tuition purposes); GS 116-143.3 (Tuition of Armed Forces personnel and their dependents); and GS 116-143.3A (Waiver of 12-month residency requirement for certain veterans and other individuals).

Further amends GS 116-11 relating to information exchange, revising the definition for institutions of higher education to include constituent institutions of UNC and the community colleges under the jurisdiction of the State Board of Community Colleges (replacing public higher education institutions, cross referenced to GS 116-143.1, now repealed). 

Amends GS 116-235, regarding admission to the NC School of Science and Math, to require the applicant to be either deemed a resident for tuition purposes or a student whose parent is an active duty member of the Armed Forces. Amends GS 116-235 (regarding the NC School of Science and Math) and GS 116-280 (regarding need-based scholarships for students attending private institutions of higher education) to change the statutory cross-reference for the defined term Armed Forces. Further amends GS 116-280 to change the statutory cross-reference for the defined term veteran. 

Makes conforming changes to eliminate references to GS 116-143.1 and GS 116-143.3, as repealed: GS 116-143.4; GS 116-201; GS 116-235; and GS 116-280; and GS 116-281. Makes technical changes to GS 116-201 and GS 116-281.

Appropriates $100,000 from the General Fund to the UNC Board of Governors (BOG) for 2021-22 to be used in collaboration with the State Board to conduct a study to identify potential student populations that can benefit from a change in residency status to allow students to qualify as residents for tuition purposes and to be charged the in-State tuition rate, and the impact a change in residency status for those students would have on reaching the postsecondary achievement goal. 

Directs the BOG and the State Board to jointly report to the specified NCGA committee on the results of the study and the rules adopted by each on the eligibility of individuals to qualify as a resident for tuition purposes and to be charged the in-State tuition rate for the 2022-23 academic year. 

Effective July 1, 2021, and applies beginning with the 2022-23 academic year. 

Appropriates $500,000 in recurring funds for 2021-22 from the General Fund to the Department of Public Instruction to be allocated to Muddy Sneakers, Inc., to support its experiential learning programs that aim to improve the science aptitude of fifth grade students through supplemental, hands-on field instruction of the State science standards. Effective July 1, 2021.

Part I.

Appropriates $60 million from the General Fund to the Department of Commerce (Department) to be used to provide grants to entities to assist qualifying businesses with business needs during period of economic hardship due to the COVID-10 pandemic. Defines qualifying business to mean a historically underutilized business or nonprofit corporation with a physical presence in a development tier one area that is able to show no State or federal financial assistance from the CARES Act, an Economic Injury Disaster Loan, or a Paycheck Protection Program loan, and suffered economic losses as a result of COVID-19. Requires $10 million of the funds to be allocated to the Carolina Small Business Development Fund to provide loans to qualifying businesses, subject to administrative policies and procedures developed by the Fund. Requires $50 million of the funds to be allocated to the Golden LEAF to provide loans to qualifying businesses, subject to administrative policies and procedures developed by the Golden LEAF. Establishes restrictions and limitations for the program and loans made under the programs, including capping loans at $1 million per qualifying business, setting the loan interest rate at 1% below market rate, and capping the loan term at 120 months. Provides 14 authorized uses of the funds, including renovation and repair of existing facilities, small business incubation, temporary housing for needy individuals, and vocational education or certification. Details required terms for loan agreements. Allows a qualifying business that is a 501(c)(3) exempt organization to apply for a grant of up to $50,000 under the programs to be used for community development purposes in development tier one areas to aid persons of low and moderate income affected by the COVID-19 pandemic. Requires Golden LEAF and the Carolina Small Business Development Fund to biannually report to the specified NCGA committee and division until all funds are disbursed. Specifies required content of the reports.

Part II.

Appropriates $40 million from the General Fund to the Department of Public Instruction (DPI) to award funds for new or existing eligible programs for at-risk students operated by nonprofits working in collaboration with local school administrative units in a development tier one area county. Caps total amount of grants allocated within a county to $1 million. Details program requirements and the program's purpose. Requires the programs funded to raise standards for academic outcomes for at-risk students whose learning was negatively affected by COVID-19 impacts by focusing on eight enumerated areas, including deployment of multiple tiered supports in schools to address student barriers to achievement, and minimization of class size when providing instruction or instructional supports and interventions. Requires grant recipients to report to DPI for the year in which the grant funds were expended on the progress of the assistance program, as well as a final report on key performance data of the program, as specified. Directs DPI to report to the specified NCGA committee by February 15, 2023, on the results of the program. Specifies required content of the report. 

Part III.

Effective July 1, 2021. 

Includes whereas clauses. Directs the Department of Public Instruction (DPI) to establish the Kindergarten Social and Emotional Learning Pilot Program (Program) for 2021-23. States the purpose of the program is to support and promote the expansion of the existing social and emotional learning (SEL) curriculum from the NC Preschool Pyramid Model (Model) used in preschool classrooms into kindergarten classrooms. Sets forth defined terms. Directs DPI to develop an application progress for the Program by August 1, 2021. Limits participation to local school administrative units identified as low performing for the 2018-19, 2019-20, or 2020-21 school year, with applications due by October 1, 2021. Requires DPI to select units that are geographically and culturally diverse to participate in the program by December 1, 2021, with priority to units that receive low-wealth supplemental funding. Requires allocation of at least $5,000 to each unit for necessary classroom materials for the Program. Requires implementation by units in six kindergarten classrooms. Requires DPI to provide necessary training to six kindergarten teachers, two administrators, and two coaches (who must be employees of the unit) from each unit, and requires each unit to establish a District Implementation Leadership Team (DILT), pursuant to the Model, to lead the Program's implementation. Details Program implementation, including the following deadlines: adaptation of the SLE Preschool Pyramid Model by December 31, 2021; required training between January 1, 2022, and June 1, 2022; DPI reporting to the specified NCGA committee on the Program's progress by July 15, 2022; implementation of the SLE Preschool Pyramid Model in six kindergarten classrooms of each unit for the 2022-23 school year; and a final report by DPI to the specified NCGA committee by July 15, 2023. 

Appropriates $292,758 for 2021-22 and $248,657 for 2022-23 from the General Fund to DPI to implement the Program.

Effective July 1, 2021. 

Includes whereas clauses. Appropriates $6 million from the General Fund to Polk County for 2021-22 for repairing the Lake Adger Dam.