ACAD. STANDARDS/RULES REVIEW/COAL ASH/FUNDS.

View NCGA Bill Details2015-2016 Session
Senate Bill 14 (Public) Filed Monday, February 2, 2015
AN ACT TO PROVIDE FUNDS FOR CERTAIN EXPENDITURES AND TO CLARIFY AND MODIFY OTHER LAWS.
Intro. by Brown, Harrington, B. Jackson.

Status: Ch. SL 2015-7 (Senate Action) (Apr 13 2015)

SOG comments (3):

Long title change

The committee substitute to the 1st edition changes the act's long title. The original long title was: AN ACT TO PROVIDE FUNDS FOR THE LITIGATION EXPENSES OF THE RULES REVIEW COMMISSION; TO PROVIDE FUNDS FOR THE OPERATING EXPENSES OF THE ACADEMIC STANDARDS REVIEW COMMISSION; TO REQUIRE THAT THE ACADEMIC STANDARDS REVIEW COMMISSION POST CERTAIN PUBLIC RECORDS ON ITS WEB SITE; AND TO CLARIFY COAL ASH MANAGEMENT COMMISSION APPROPRIATIONS.

Long title change

House amendments to the 2d edition changed the long title. Previous long title was AN ACT TO PROVIDE FUNDS FOR THE LITIGATION EXPENSES OF THE RULES REVIEW COMMISSION; TO PROVIDE FUNDS FOR THE OPERATING EXPENSES OF THE ACADEMIC STANDARDS REVIEW COMMISSION; TO REQUIRE THAT THE ACADEMIC STANDARDS REVIEW COMMISSION POST CERTAIN PUBLIC RECORDS ON ITS WEB SITE; TO PROVIDE THAT A STATE OFFICER MAY SERVE ON THE ECONOMIC DEVELOPMENT PARTNERSHIP BOARD; TO CLARIFY COAL ASH MANAGEMENT COMMISSION APPROPRIATIONS; TO CLARIFY THAT THE PRACTICE OF ENGINEERING DOES NOT INCLUDE THE DEVELOPMENT OF A DAM EMERGENCY ACTION PLAN; TO EXTEND THE DEADLINE FOR THE SUBMISSION OF EMERGENCY ACTION PLANS FOR DAMS NOT ASSOCIATED WITH COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS TO DECEMBER 31, 2015; AND TO LIMIT THE USE OF FUNDS APPROPRIATED TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR HEALTH INFORMATION EXCHANGE.

Long title change

Conference report amendments to the 3d edition changed the long title. Previous long title was AN ACT TO PROVIDE FUNDS FOR THE OPERATING EXPENSES OF THE ACADEMIC STANDARDS REVIEW COMMISSION; TO REQUIRE THAT THE ACADEMIC STANDARDS REVIEW COMMISSION POST CERTAIN PUBLIC RECORDS ON ITS WEB SITE; TO PROVIDE THAT A STATE OFFICER MAY SERVE ON THE ECONOMIC DEVELOPMENT PARTNERSHIP BOARD; TO CLARIFY COAL ASH MANAGEMENT COMMISSION APPROPRIATIONS; TO CLARIFY WHEN A DOWNSTREAM INUNDATION MAP MUST BE PREPARED BY A LICENSED PROFESSIONAL ENGINEER; TO EXTEND THE DEADLINE FOR THE SUBMISSION OF EMERGENCY ACTION PLANS FOR DAMS NOT ASSOCIATED WITH COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS TO DECEMBER 31, 2015; TO LIMIT THE USE OF FUNDS APPROPRIATED TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR HEALTH INFORMATION EXCHANGE; AND TO REQUIRE A PERFORMANCE AUDIT OF MEDICAID ELIGIBILITY DETERMINATIONS BY COUNTY DEPARTMENTS OF SOCIAL SERVICES.

Bill History:

S 14/S.L. 2015-7

Bill Summaries:

  • Summary date: Apr 13 2015 - More information

    AN ACT TO PROVIDE FUNDS FOR CERTAIN EXPENDITURES AND TO CLARIFY AND MODIFY OTHER LAWS. Enacted April 13, 2015. Sections 7 and 8 are effective July 1, 2014. Section 9 is effective retroactively to September 20, 2014. The remainder is effective April 13, 2015. 


  • Summary date: Mar 26 2015 - More information

    Conference report makes the following changes to the 3d edition.

    Changes the long title. 

    Directs the Department of Public Instruction (DPI) to transfer to the Office of Administrative Hearings $50,000 for fiscal year 2014-15 to allocate to the Rules Review Commission to pay for any litigation costs incurred in the defense of North Carolina State Board of Education v. The State of North Carolina and the Rules Review Commission lawsuit filed November 7, 2014. Funds are to remain available during the 2015-16 fiscal year.

    Makes a clarifying change to Section 2 of the bill.

    Makes a clarifying change to Section 11(a) of the bill and provides that if any of the $2 million allocated for the health information exchange has not been expended or encumbered as of June 30, 2015, then the same will revert to the General Fund. 

    Deletes provisions from Section 12A.2(b) of the bill, concerning the nonrecurring $2 million allocation to Department of Health and Human Services (DHHS) and the State Chief Information Officer (SCIO) to allocate to the NC Health Information Exchange (HIE) an amount reasonably necessary to fund the specified monthly expenses incurred. Now provides that the following specified amounts are to be used to fund expenses incurred or encumbered by the NC HIE between February 1, 2015, and June 30 2015: $436,010 for specified software vendor maintenance, hosting, and licensing costs; $356,920 for NC HIE payroll costs; and $92,160 for operational costs. Provides that DHHS must, within five days, process the payment for the expenses allowed above and incurred or encumbered between February 1, 2015, and June 30 2015.

    Deletes provisions from Section 12A.2(b2) concerning debt payments made on behalf of the NC HIE which are determined by DHHS and the SCIO to be reasonably necessary to sustain operations of the software vendor. Now provides in addition to the $2 million in allocated nonrecurring funds, DHHS must transfer $150,000 to the SCIO. These funds must be used for the assessment of the existing functionality, structure, and operation of the HIE network.

    Makes technical changes.

    Deletes all of the provisions of Section 12A.2(d) concerning the submittal of assessments and recommendations to the specified Joint Legislative Committee.  Now provides that by June 1, 2015, DHHS, in conjunction with the SCIO, must submit to the Joint Legislative Oversight Committee on Health and Human Services, Information Technology, and the Fiscal Research Division the results of the assessment as specified above. 

    Adds language providing that it is the intent of the General Assembly to continue efforts toward the implementation of a statewide HIE.

    Deletes Section 11.5(d) of the bill, which transferred funds for a personal care services study to the State Auditor for the required audit. 


  • Summary date: Mar 3 2015 - More information

    House amendment #5 makes the following changes to the 2nd edition:

    Amends amendment #4 concerning the supervision over maintenance and operation of dams, adding language that provides that a downstream inundation map included as part of an Emergency Action Plan by a high or intermediate hazard dam owner does not require preparation by a licensed professional engineer or a person under the responsible charge of a licensed professional engineer, unless the dam is associated with a coal combustion residuals surface impoundment, as defined (previously, language established that such a map did require the specified preparation by a licensed professional engineer). 


  • Summary date: Mar 2 2015 - More information

    House amendments to the 2nd edition make the following changes.

    Amendment #1 makes the following changes. Deletes provision which transferred $100,000 of the funds appropriated to the Department of Public Instruction for the 2014-15 fiscal year to the Office of Administrative Hearings to be allocated for the litigation expenses of the Rules Review Commission. Makes a conforming change to the long title of the act.

    Amendment #2 adds a new section to the act, as follows. Requires the State Auditor to conduct a performance audit of county departments of social services' administration of the North Carolina Medicaid program that examines the county departments of social services' accuracy in determining Medicaid eligibility and compliance with the requirements of the Centers for Medicare and Medicaid Services and state law. Requires the audit to consider the impact of the Department of Health and Human Services' policy decisions related to re-enrollment eligibility determinations. Requires the auditor, in conducting the audit, to ensure that a representative sample of counties, including both urban and rural counties, audited and that a statistically significant number of cases are audited in each county in the sample. Requires the audit to include the State Auditor's examination of at least: (1) the accuracy of Medicaid application eligibility determinations; (2) the timeliness of Medicaid application determinations; (3) the accuracy of Medicaid re-enrollment eligibility determinations; (4) the timeliness of Medicaid re-enrollment eligibility determinations; (5) the accuracy of presumptive Medicaid application determinations; (6) the timeliness of presumptive Medicaid application determinations; and (7) the controls and oversight county departments of social services have in place to ensure accurate and timely processing of Medicaid applications and re-enrollment. Requires the State Auditor to give a preliminary report on the performance audit to the Joint Legislative Oversight Committee on Health and Human Services and to the Fiscal Research Division by June 1, 2015, and complete the performance audit by February 1, 2016. Requires the Department of Health and Human Services and county departments of social services to give the State Auditor full access to all data necessary to complete the audit and the report.

    Requires $300,000 of the funds appropriated to the Department of Health and Human Services, Division of Medical Assistance, for 2014-15 in SL 2014-100, 9 Section 12H.10(c), for a personal care services (PCS) study, to be transferred to the North Carolina Office of the State Auditor to be used for the required audit.

    Makes conforming changes to the act's long title.

    House Amendment #3 makes the following changes. Amends GS 113-391(a3), which identifies the purposes for which the Environmental Management Commission (EMC) must adopt rules after considering recommendations from the Mining and Energy Commission. Amends GS 113-391(a3)(2) to require the EMC to adopt rules for regulation of toxic air emissions from drilling operations, if the EMC finds that the state's current air toxics program and any federal regulations governing toxic air emissions to be adopted by the state are inadequate to protect public health, safety, welfare, and the environment. Effective retroactively to July 2, 2012. Makes a conforming change to the long title of the act.

    Amendment #4 makes the following changes.

    Deletes previous changes made to GS 89C-3, definitions regarding the practice of engineering.

    Amends GS 143-215.31(a1), concerning the supervision over maintenance and operation of dams, adding language that provides that a downstream inundation map included as part of an Emergency Action Plan by a high or intermediate hazard dam owner does require preparation by a licensed professional engineer or a person under the responsible charge of a licensed professional engineer, unless the dam is associated with a coal combustion residuals surface impoundment, as defined.

    Adds new Section 9(c) to the bill directing the Department of Environment and Natural Resources (DENR) to study whether downstream inundation maps prepared pursuant to GS 143-215.31 should be prepared by a licensed professional engineer or a person under the charge of a licensed professional engineer. DENR must also consult with the State Board of Examiners for Engineers and Surveyors in conducting this study. Requires DENR to report the results of the study to the Environmental Review Commission no later than March 31, 2016.

    Makes conforming changes to the long title.


  • Summary date: Feb 19 2015 - More information

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

    Changes the long title. 

    Amends language that previously directed the State Board of Education to transfer $100,000 to the Office of Administrative Hearings so that the Rules Review Commission can pay for litigation costs associated with the defense of the North Carolina State Board of Education v. The State of North Carolina filed November 7, 2014, now directing the Department of Public Instruction to allocate funds for the above transfer out of the funds appropriated to it for the 2014-15 fiscal year.

    Makes technical changes. 

    Amends GS 89C-3 concerning the definition of  the practice of engineering, adding language providing that the term does not include the development of an Emergency Action Plan pursuant to GS 143-215.31. Amends SL 2014-22 concerning coal ash management, clarifying that Emergency Action Plans for high hazard dams and intermediate hazard dams not associated with coal combustion residuals surface impoundments must be submitted to the Department of Environment and Natural Resources and the Department of Public Safety no later than December 31, 2015 (previously, required Emergency Action Plans for all high hazard dams and intermediate hazard dams to be submitted no later than March 1, 2015). Adds clarifying language that provides that only Emergency Action Plans for high hazard dams and intermediate hazard dams associated with coal combustion residuals surface impoundments must be submitted no later than March 1, 2015. Effective retroactively to September 20, 2014.

    Amends GS 143B-431.01(d)(2)(c) to provide that state officers are allowed to serve on boards of North Carolina nonprofits that are contracted with or desire to contract with the NC Department of Commerce for the fostering and retaining of jobs and business development (previously, state officers could not serve on the nonprofit boards that seek or have such contracts with the Department of Commerce). 

    Provides that the $2 million allocated to the Department of Health and Human Services (DHHS), Division of Central Management and Support for the health information exchange for fiscal year 2014-15, is nonrecurring. Further provides that the $2 million can only be used for the purposes expressly authorized in SL 2014-100. Amends SL 2014-100, deleting intent language of the General Assembly regarding the funding of the North Carolina Health Information Exchange (NC HIE). Further provides that from the nonrecurring $2 million, DHHS and the State Chief Information Officer (SCIO) will allocate to the NC HIE an amount reasonably necessary to fund the specified monthly expenses incurred from February 1, 2015, to June 30 2015, including costs for software vendor maintenance, hosting, and licensing; NC HIE payroll costs; and contract labor costs. Provides that none of the above allocated funds can be used for such expenses that were incurred before February 1, 2015. Provides that the nonrecurring funds can also be used to make debt payments on behalf of the NC HIE which are determined by DHHS and the SCIO to be reasonably necessary to sustain operations of the software vendor, and to fund the following, specified assessment. By May 1, 2015, DHHS must submit, to the House Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Subcommittee on Health and Human Services, the Joint Legislative Oversight committees on Health and Human Services and Information Technology, and the Fiscal Research Division an assessment of the existing functionality, structure, and operation of the NC HIE Network, as specified. DHHS must also submit a report on all state appropriations allocated to or on behalf of the NC HIE. Makes technical and conforming changes, deleting the report required on March 1, 2015. Directs DHHS, in conjunction with the Office of the SCIO and the North Carolina Government Data Analytics Center to submit the following to the Joint Legislative Oversight committees on Health and Human Services and Information Technology: (1) an assessment of the best business model and operational structure for administering a statewide health information exchange network and (2) a recommendation as to whether the NC HIE should continue to oversee and administer the NC HIE Network. Effective when this bill becomes law or June 30, 2015, whichever is earlier.


  • Summary date: Feb 2 2015 - More information

    Directs the State Board of Education to transfer $100,000 to the Office of Administrative Hearings so that the Rules Review Commission can pay for any litigation related costs associated with the defense of the North Carolina State Board of Education v. The State of North Carolina and the Rules Review Commission lawsuit filed November 7, 2014. Funds are to remain available during the 2015-16 fiscal year.

    Directs the Department of Public instruction to transfer $275,000 to the Department of Administration (DOA) in order to support the operations of the Academic Standards Review Commission, established pursuant to SL 2014-78. Directs an amount equal to the total costs that the DOA incurred in supporting the operations of the Academic Standards Review Commission (Commission) to be credited to the DOA. Sets out and details three types of expenses that the remaining funds can be used for, as authorized by the Commission, including, (1) administrative assistance, (2) technical assistance, and (3) per diem, subsistence, and travel allowances.  Provides that the funds are to remain available for such expenditure until the Commission terminates on December 31, 2015, or when its final report is filed, whichever occurs first.  Any remaining funds revert to the General Fund on June 30, 2016. Establishes that none of the above funds transferred to the Commission can be used to conduct any survey related to the adoption of academic standards or to contract for such work due to the resources which have already expended to this end. Clarifies that the Commission is subject to the Public Records Act and the Open Meetings Law. Details and clarifies other duties the Commission must comply with. Prevents the State Board of Education, in meeting the required fund transfer, from making reductions to the operating budget of the Department of Public Instruction or making reductions in funding or positions to five specified programs/schools.

    Amends GS 62-302.1 to provide that 26.5% of the moneys in the Coal Combustion Residuals Management Fund must be used by the Coal Ash Management Commission with any remainder to be used by the Department of Environment and Natural Resources (DENR) (was, money in the Fund could only be spent pursuant to a General Assembly appropriation).  Effective July 1, 2014. 

    Amends Section 15(c)-15(e) of SL 2014-122 to provide that up to twenty-five receipt-supported positions are to be created in DENR to carry-out specified duties related to the Coal Ash Management Act of 2014 (previously, required 25 positions to be created). Provides for an appropriation from the Coal Combustion Residuals Management Fund to the Department of Public Safety in the amount of $630,000 to support the five positions in the Division of Emergency Management for the 2014-15 fiscal year (previously, appropriated any remaining funds in the Coal Combustion Residuals Management Fund, after the appropriation to DENR, to the Department of Public Safety for 2014-15 fiscal year). Enacts new Section 15(e) of SL 2014-122, renumbering the previous Section 15(e) to Section 15(f), and provides that if moneys in the Coal Combustion Residuals Management Fund are insufficient to support appropriations in Section 15(c) or 15(d) of SL 2014-122 for the 2014-15 fiscal year, said appropriations are to be reduced on a proportional basis. Effective July 1, 2014. 


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