Bill Summary for S 810 (2011-2012)

Summary date: 

May 17 2012

Bill Information:

View NCGA Bill Details2011-2012 Session
Senate Bill 810 (Public) Filed Thursday, May 17, 2012
TO (1) REESTABLISH THE JOINT LEGISLATIVE ADMINISTRATIVE PROCEDURE OVERSIGHT COMMITTEE; (2) MAKE VARIOUS TECHNICAL AND CLARIFYING CHANGES TO THE ADMINISTRATIVE PROCEDURES ACT; (3) EXTEND THE EFFECTIVE DATE FOR CHANGES TO FINAL DECISION-MAKING AUTHORITY IN CERTAIN CONTESTED CASES; (4) LIMIT THE PERIOD DURING WHICH RECORDS OF UNCLAIMED PROPERTY MUST BE MAINTAINED; (5) REQUIRE AGENCIES TO GIVE WRITTEN NOTICE BEFORE AUDITING OR EXAMINING A BUSINESS; (6) CLARIFY THAT THE DISCHARGE OF WASTE INTO WATERS OF THE STATE DOES NOT INCLUDE THE RELEASE OF AIR CONTAMINANTS INTO THE OUTDOOR ATMOSPHERE; (7) AUTHORIZE RATHER THAN REQUIRE THE COMMISSION FOR PUBLIC HEALTH TO ADOPT RULES FOR THE TESTING OF WATER FROM NEW DRINKING WATER WELLS FOR CERTAIN VOLATILE ORGANIC COMPOUNDS; (8) DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO TRACK AND REPORT ON PERMIT PROCESSING TIMES; (9) DELAY THE EFFECTIVE DATE FOR COMPLIANCE WITH WADING POOL FENCING REQUIREMENTS FROM JULY 1, 2012, TO JANUARY 1, 2013; AND (10) DIRECT THE COMMISSION FOR PUBLIC HEALTH TO AMEND THE RULES GOVERNING THE DURATION OF PERMITS FOR SANITARY LANDFILLS AND THE PERIOD IN WHICH THOSE PERMITS ARE REVIEWED, AS RECOMMENDED BY THE JOINT REGULATORY REFORM COMMITTEE.
Intro. by Rouzer, Brown, Davis.

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Bill summary

Repeals Section 1.3 of SL 2011-91, which eliminated the Joint Legislative Administrative Procedure Oversight Committee. Makes clarifying and conforming changes to several provisions of the Administrative Procedure Act. Deletes requirement that the rule-making body must approve a fiscal note for a proposed rule before submission for publication, and modifies the procedure for an agency to post proposed changes on its website.
Amends Section 63 of the 2011 Regulatory Reform Act to provide that specified provisions of that Act become effective in certain contested cases when the US Environmental Protection Agency approvals are issued or on October 1, 2012 (was, June 15, 2012), whichever occurs first. Makes specified provisions of the Act effective, with regard to certain Medicaid contested cases, when the waiver from the single state agency requirement is granted or on February 1, 2013, whichever occurs first.
Amends GS 116B-73(a) to reduce the amount of time that a person must maintain records under the Unclaimed Property Act to five (rather than ten) years.
Enacts new GS 143B-10.1 to require state agencies authorized to audit a business or individual to provide at least seven days written notice before conducting the audit.
Repeals certain provisions that required drinking well water testing. Amends GS 87-97(i), permitting the Commission for Public Health to require new well water testing for volatile organic compounds, and directing the Commission to consider certain factors when making a rule to require such testing.
Enacts new GS 143B-279.17 to direct the Department of Environment and Natural Resources (DENR) to track the amount of time required to process all permit applications, and to report annually by March 1 on the permit processing times.
Amends Section 3(b) of SL 2011-39 to postpone to January 1, 2013, the date for public swimming pool owners and operators to comply with wading pool fence requirements.
Directs the Commission on Public Health, by July 1, 2013, to adopt rules allowing applicants for sanitary landfills to select one of two specified permit options. Also directs DENR to review fee schedules for sanitary landfill permits, and report any proposed recommendations to the Environmental Review Commission by December 1, 2012.
Makes other clarifying changes.

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