Bill Summary for S 303 (2015-2016)

Summary date: 

Jun 8 2016

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 303 (Public) Filed Tuesday, March 17, 2015
AN ACT TO PROVIDE FURTHER REGULATORY RELIEF TO THE CITIZENS OF NORTH CAROLINA.
Intro. by Barefoot, J. Davis, Hise.

View: All Summaries for BillTracking:

Bill summary

House committee substitute makes the following changes to the 3rd edition. 

Amends the act's short and long titles.

Deletes all of the provisions of the previous edition and replaces it with the following. 

Part I. Business Regulation

Section 1.1

Enacts new GS 95-25.24A concerning the Wage and Hour Act, providing that a franchisor is not the employer of a franchisee or the franchisee's employees for any purpose but specifically for employment law claims under state statute. Provides that franchisee and franchisor are understood to have the same definition as in federal law set out in 16 CFR 436.1.

Part II. State and Local Government Regulation

Section 2.1

Enacts new GS 132-1.14 concerning personally identifiable information of public utility customers obtained by the Utilities Commission from customers seeking assistance from the Public Staff for rate or service disputes, providing that such information is not considered public record under GS 132-1. Sets out permissible disclosure of such information. Further provides that personally identifiable information means a customer's name, physical address, email address, telephone number, and public utility account number.

Section 2.2

Amends GS 42-42.1 and GS 62-110(g) concerning charging tenants for water and sewer services, deleting language which previously only allowed such billing to tenants located in the same contiguous premises, now providing that all tenants of leased single family rental units can be charged for sewer and water services even if premises are not contiguous. Deletes language that previously required the Utilities Commission to adopt rules to define contiguous premises. Further amends the provisions authorizing the Utilities Commission to charge for water and sewer services to tenants, enacting new subdivisions GS 62-110(g)(4a) requiring the Utilities Commission to develop an application that lessors are required to submit to receive authority to charge tenants for water and sewer service in such situations. Provides that the application gives authority to charge for such services for multiple homes in North Carolina. Sets out required aspects of the form, including a description of the proposed billing method and billing statements as well as the proposed administrative fee to be charged by the applicant.  Makes conforming and clarifying changes.

Section 2.4

Amends GS 153A-340 (Counties) and GS 160A-381 (Municipalities) concerning zoning and development regulation ordinances, providing that an affirmative vote to amend the zoning ordinance is also deemed to be a simultaneous amendment to the comprehensive plan. Additionally, the affirmative vote is also deemed to be a simultaneous amendment to the unified development ordinance, if such ordinance exists. Effective October 1, 2016. 

Section 2.5

Amends GS 153A-335 (Counties) and GS 160A-376 (Municipalities), concerning the subdivision of land within respective jurisdictions, exempting the subdivision of tracts of land as provided for in a will or intestate succession from subdivision regulations or from even being considered subdivision as that term is defined. Enacts new language providing that a plat can be required when dividing a single tract of land bigger than five acres into not more than three lots with dedicated ingress and egress. Effective October 1, 2016.

Section 2.6 

Amends GS 1-52, concerning the statute of limitations to commence an action, adding new subdivision (21) providing for a three-year statute of limitations for a unit of local government to begin an action for a violation of a land use statute, ordinance, permit, or other official action in regards to land use. Provides guidance on when time period begins to accrue.  Effective August 1, 2016, applying to actions commenced on or after that date. 

Section 2.7

Authorizes the Joint Legislative Program Evaluation Oversight Committee to amend the 2016-17 Program Evaluation Division (Division) work plan that directs the Division to study State law and internal agency policies and procedures for the delivery of public services through State grants and contracts to non-profits. Sets out procedures for collecting and requesting data for the study. Provides that if the study is conducted, the Division must submit a report detailing the results of the study as specified to the Joint Legislative Program Evaluation Oversight Committee and the Joint Legislative Commission on Governmental Operations no later than September 1, 2017. Effective July 1, 2016. 

Section 2.9

Amends Article 5 of GS Chapter 87 as follows. Renames the Article as Commercial Refrigeration Contracts. Renames the State Board of Refrigeration Examiners as the State Board of Commercial Refrigeration Examiners (Board) and modifies the Board's membership. 
 
Defines the terms commercial refrigeration contractor, industrial refrigeration contractor, and transport refrigeration contractor. Requires the Board to issue the following licenses: (1) a Class I license for any person engaged in the business of commercial refrigeration contracting; (2) a Class II license for any person engaged in the business of industrial refrigeration contracting; (3) a Class III license for any person engaged in the business of repair, maintenance, and servicing of commercial equipment; and (4) a Class IV license for any person engaged in the business of transport refrigeration contracting. Requires issuance of a license to any licensee whose business activities required a Class I or II license if that licensee had an established place of business and was licensed before January 1, 2016.
 
Increases the caps on the application, renewal, and reinstatement fees.
 
Makes clarifying and organizational changes.
 
Applies to applications submitted and Board membership appointments on or after January 1, 2017.

Section 2.10 

Amends GS 105-330.9 concerning the definition of the term "antique automobile" for the purposes of tax assessment, expanding the ownership requirements of the definition to provide that an antique automobile can be owned by an individual, either directly or indirectly, through one or more pass through entities (previously, current law required an antique automobile to be owned by an individual).

Section 2.11

Amends GS 132-6.2 concerning the provision of public records required by public agencies under GS 132-9, enacting new subsection (a1), which establishes that public agencies can satisfy public record access requirements by making its public records and computer databases available online in a format that allows a person to download a copy of the records and databases. Provides that if such access is provided, then the public agency does not have to provide copies through any other method or medium. Such copies can be voluntarily provided by another method or medium and a reasonable charge for such a service can be negotiated. Also enacts new subsection (f) to define computer database and media or medium. Requires the State Chief Information Officer, working with specified entities, to report on the development and use of computer databases by State and local agencies and the need for public access to these public records by February 1, 2017. Effective July 1, 2016. 

Section 2.12

Amends GS 143A-5 to specify that the Lieutenant Governor's office is in the Hawkins-Hartness House located at 310 North Blount Street (previous law only specified it was located in Raleigh). 

Section 2.14

Enacts GS 136-28.6B providing that construction conducted by a private party pursuant to specified statutes is deemed to have been conducted by the Department of Transportation, thus making any stormwater rules and laws that are applicable to the Department of Transportation also applicable to the private party. 

Section 2.15

Directs the NC Building Code Council to examine the NC Building Code for the purpose of developing more streamlined code and ensuring that all code provisions are contained in only one code volume. Also requires guidance on the assignment of inspectors to specific enforcement jurisdictions for each code provision as well as requiring that the above directive be included in the next edition of the NC Building Code. Also directs the Building Code Council to review the specified statutes that give authority to local building inspectors in order to determine if any provisions would allow or require multiple inspectors for a certain code provision. Requires a report to be submitted to the Joint Legislative Commission on Governmental Operations no later than February 1, 2017.

Part III. Agriculture, Energy, Environment, and Natural Resources Regulation

Section 3.1

Repeals GS 106-168.5, Duties of Commissioner upon receipt of application; inspection committee, which provided for the establishment of the rendering plant inspection committee. Amends GS 106-168.6, GS 106-168.7, GS 106-168.10, GS 106-168.12, and GS 106-168.13, all sections dealing with the operation of rendering plants, making conforming changes as a result of the repeal of the rendering committee, transitioning previous responsibilities of the rendering committee to the Commissioner of Agriculture. Makes various other technical and clarifying changes.

Sections 3.3

Makes technical, clarifying and conforming changes to provisions in SL 2015-286, Section 4.9(a); SL 2015-286, Section 4.9(b), (c) and (d); and SL 2015-241, Section 14.20(e) (as amended by SL 2015-286, Section 4.9(d)). 

Section 3.4

Amends SL 2015-241, Section 14.20(f), as amended by SL 2015-286, Section 4.9(d), and provides that GS 130A-294(b1)(2), which requires a person to franchise the operation of the sanitary landfill from each local government that has jurisdiction prior to applying for a permit for a sanitary landfill, as amended, applies to franchise agreements that (1) are executed on or after October 1, 2015, and (2) are executed on or before October 1, 2015, if all parties to a valid and operative franchise agreement consent to modify the agreement for the purpose of extending the agreement’s duration to the life-of-site of the landfill for which the agreement was executed.  Amends GS 130A-294(b1)(2) to limit the franchise granted to a sanitary landfill for the life-of-site of the landfill to a period of 60 years.  Amends GS 160A-319 to clarify that no franchise shall be granted for a period of more than 60 years, including a franchise granted to a sanitary landfill for the life-of-site of the landfill under GS 130A-294(b1), provided that a franchise for solid waste collection or disposal systems and facilities, other than sanitary landfills (was, a franchise for solid waste collection or disposal systems and facilities), cannot be granted for a period of more than 30 years. 

Amends GS 153A-136(a)(3) to provide that a county may regulate the storage, collection, use, disposal, and other disposition of solid waste by an ordinance that grants a franchise the exclusive right to commercially collect or dispose of solid waste within a defined portion or all of the county and set terms of any franchise, provided no franchise is granted for a period of more than 30 years unless a franchise granted to a sanitary landfill for the life-of-site of the landfill under GS 130A-294(b1) cannot exceed 60 years (was, may set the terms of any franchise, except no franchise may be granted for a period of 30 years). 

Applies to franchise agreements that were (1) executed on or after October 1, 2015, and (2) executed on or before October 1, 2015, if all parties to the agreement consent to modify the agreement for the purpose of extending the agreement’s duration of the life-of-site of the landfill for which the agreement was executed.

Effective retroactively to July 1, 2015, and applies to franchise agreements executed on or after October 1, 2015, and franchise agreements executed on or before October 1, 2015, only if all parties to the agreement agree to modify the agreement in order to extend the agreement's duration of the life-of-site of the landfill for which the agreement was executed.

Section 3.6

Amends GS Chapter 143, Article 21C, concerning the permitting of wind energy facilities, as follows.

Amends GS 143-215.118 to no longer require an applicant for a permit for a proposed wind energy facility or proposed wind energy facility expansion and the Department of Environmental Quality (DEQ) to review the permit at the scoping meeting.

Amends GS 143-215.119 by amending the information that must be included in the application for a permit for a proposed wind energy facility or proposed wind energy facility expansion to require identification of property owners living within one half mile of (was, property owners adjacent to) the facility. Makes conforming changes.

Amends GS 143-215.120 to expand the conditions under which DEQ may disapprove a permit application for a proposed wind energy facility or proposed wind energy facility expansion to include instances when construction or operation of the proposed facility or facility expansion would be inconsistent with or violate rules adopted by the Department of Military and Veterans Affairs (Department).

Amends GS 143-215.123 to require the Department, instead of DEQ, to consult annually with representatives of the major military installations to review specified information concerning military presence. Also adds the requirement that the information be provided to DEQ.

Amends GS 143-215.125 to require the Department and the Environmental Management Commission (was, just the Environmental Management Commission) to adopt rules that are necessary pertaining their respective jurisdictions to implement the Article.

The above portions of Section 3.6 are effective when the act becomes law and apply to applications for permits for a proposed wind energy facility or proposed wind energy facility expansion submitted on or after that date.

Amends GS Chapter 143, Article 9G, concerning military lands protection, as follows. These changes are effective when the act becomes law and apply to requests for endorsements to construct tall buildings or structures submitted on or after that date.

Amends GS 143-151.71, the definitions section for the Article, by removing the term Commissioner. Adds and defines Secretary to mean the Secretary of the Department of Administration.

Amends GS 143-151.72 by making a clarifying change.

Amends GS 143-151.73 to require a letter of endorsement by the State Construction Office (Office) (previously also allowed the option of providing proof of the Office’s failure to act within the time allowed) before constructing a tall building or structure in an area surrounding a major military installation. Makes a conforming change to GS 143-151.75. Further amends GS 143-151.75 to amend the information that must be provided in the statement from the base commander concerning the proposed tall building or structure, to require that the statement include a determination whether the location of the building or structure is within an area (was, within a protected area) that surrounds the major military installation. Provides that if the Office does not receive the written statement from the base commander within 45 days of issuance of the request, the Office must deem the tall building or structure as denied (was, as endorsed) by the base commander. Also allows a person to treat the Office’s failure to decide on the request for endorsement of a tall building or structure within the required time period as a decision to deny endorsement (was, as a decision to endorse) the building or structure. Deletes the provision allowing the Office to meet remotely to make a decision on a request for endorsement of a tall building or structure.

Makes a clarifying change to GS 143-151.74.

Amends GS 143-151.76 to clarify that GS 143-151.73 (certain buildings and structures prohibited without endorsement) is applicable, as specified in the statute, to buildings or structures that existed in an area surrounding major military installations on October 1, 2013 (was, upon the effective date of Article 9G). Makes conforming changes.

Amends GS 143-151.77 to make the Secretary of the Department of Administration (Secretary), instead of the Commissioner of Insurance, responsible for enforcement and penalties. Adds that  when the Secretary has reasonable cause to believe that any person has violated or is threatening to violate Article 9G, a rule implementing the Article, or any of the terms of an endorsement issued under the Article, the State Construction Office may request that the Attorney General institute a civil action the name of the State for injunctive relief and for other relief deemed property. Sets out further provisions governing the request for injunctive relief. Makes conforming changes.

Section 3.7

Further amends GS Chapter 143, Article 21C, concerning the permitting of wind energy facilities, as follows. These changes are effective October 1, 2018, and apply to applications for permits for a proposed wind energy facility or a proposed wind energy facility expansion submitted on or after that date.

Amends GS 143-215.117 to also require that the Department of Military and Veterans Affairs (Department) be included in the preapplication site evaluation meeting between the applicant for a permit for a proposed wind energy facility or a proposed wind energy facility expansion and the Department of Environmental Quality (DEQ). Also requires that a copy of the preapplication package be send to the Department.

Amends GS 143-215.118 to require that the Department attend the scoping meeting that also includes the applicant and DEQ.

Amends GS 143-215.119 to require an application for a permit for a proposed wind energy facility or a proposed wind energy facility expansion be submitted to the Department in addition to DEQ. Notice of the scheduled public hearing must also be provided to the Department.

Amends GS 143-215.120 by amending the conditions under which a permit for a proposed wind energy facility or a proposed wind energy facility expansion may be denied to require that the fact that operation of the facility or expansion would have a significant adverse impact on military operations and result in a detriment to military presence in the state be evidenced by receipt of notice from the Department under new GS 143-215.120A(b). Makes conforming changes. Also adds the requirement that DEQ receive, before it can make a final decision on the permit application, a certification from the Department (as required under new GS 143-215.120A) for the proposed facility or expansion, or a notice from the Department of its decision not to issue a certification for the proposed facility or expansion, in addition to the already required “Determination of No Hazard to Air Navigation” from the Federal Aviation Administration.

Enacts new GS 143-215.120A to require the Department to issue a certification for a proposed wind energy facility or proposed wind energy facility expansion unless the Department finds construction or operation of the facility would encroach upon or have a significant adverse impact on the mission, training, or operations of any major military installation or military branch and result in a detriment to continued military presence in the state. Sets out what the Department may consider in its evaluation, including whether the proposed facility or expansion would cause interference with air navigation routes, air traffic control areas, military training routes, or radar. Provides that if the Department determines that it cannot issue a certification for a proposed wind energy facility or proposed wind energy facility expansion based on the criteria above, then the Department must notify the applicant and the Department within 10 days of such decision and include findings of fact that document the basis for the decision.

Effective October 1, 2018, requires the Revisor of Statutes to make specified recodifications from Article 9G in connection with the transfer of the Military Lands Protection Act of 2013.

Section 3.7 (d).

The following changes are effective October 1, 2018, and apply to requests for endorsement to construct tall buildings or structures submitted on or after that date.

Recodifies Article 9G as Part 12 and makes conforming changes. Amends GS 143B-1315B, the definitions for use in the Part, to define Department as the Department of Military and Veterans Affairs (Department). Deletes the term State Construction Office (SCO). Amends the term Secretary to now refer to the Secretary of the Department of Military and Veterans Affairs instead of the Secretary of the Department of Administration. Amends GS 143-1315F (formerly GS 143-151.75) to make the Department, instead of the SCO, responsible for endorsing proposed tall buildings or structures. Makes conforming changes. Also makes the Department, instead of the CSO, responsible for enforcement and penalties.

Section 3.8

Amends GS 153A-323 (county procedure for adopting, amending, or repealing ordinances under this Article and GS Chapter 160A, Article 19) and GS 160A-364 (city procedure for adopting, amending, or repealing ordinances under Article) to expand the changes that require notice, to now also require notice for: (1) changes relating to tall buildings and structures and (2) changes relating to wind energy facilities or wind energy facility expansions. Also amends the statute to require that notice also be given to the Department of Military and Veterans Affairs (Department) when the adoption or modification of the ordinance would result in the changes specified in the statute and those changes would be located five miles or less from the perimeter boundary of a military base. Adds the Department to those that may provide comments.

Amends the Department’s powers and duties under GS 143B-1211 to add maintaining, and making publicly available, maps of areas surrounding major military installations, military training routes, and military operating areas that are subject to the provisions of Part 12.

Repeals GS 143-135.29, which required the SCO to maintain, and make available to the public, accurate maps of areas surrounding major military installations.

The above portions of Section 3.8 are effective when the act becomes law.

Effective October 1, 2018, further amends the Department’s powers and duties under GS 143B-1211 to add issuing: (1) certifications for a proposed wind energy facility or a proposed wind energy facility expansion, and otherwise assist in administration of the provisions of Article 21C of GS Chapter 143 and (2) endorsements for the construction of proposed tall buildings or structures, and otherwise assist in the administration and implementation of the provisions of Part 12.

Section 3.9

Requires the Department of Environmental Quality to study whether the size of riparian buffers required for intermittent streams should be adjusted and whether allowable activities in the buffers should be changed. Requires a report to the Environmental Review Commission by December 1, 2016.

Section 3.10

Amends GS 143-214.12 to allow a recipient of funds from the Ecosystem Restoration Fund who acquires a conservation easement or interest in real property appurtenant to a restoration project delivered to the Division of  Mitigation Services to, upon approval from DEQ, directly transfer the easement or property interest to another governmental agency or a DEQ approved third party. Removes the provision requiring a grant recipient to grant a conservation easement in the real property or interest in real property acquired with the funds to DEQ in a form acceptable to DEQ.

Section 4.1

Repeals GS 74-54.1(c), which required the Department of Environmental Quality to report annually to the Environmental Review Commission, the Fiscal Research Division, and the North Carolina Mining Commission on the cost of implementing the Mining Act of 1971 (Article 7 of GS Chapter 74).

Section 4.2

Repeals GS 143-135.39(f) and (g), which required the Department of Administration to annually report on the implementation of the Sustainable Energy Efficient Buildings Program to the General Government Appropriations Subcommittees of both the Senate and the House of Representatives, the Environmental Review Commission, and the Joint Legislative Commission on Governmental Operations.

Repeals GS 143-135.40(b), which required the Department of Administration to report the results of its monitoring of construction standards and sustainable building standards under the statute.

Section 4.3

Amends GS 143-215.9B to eliminate the requirement of the Environmental Management Commission to report on its progress in developing and implementing the collection system permit program required by the statute as part of its quarterly report to the Environmental Review Commission pursuant to GS 143B-282(b).

Section 4.4

Repeals GS  143-215.107C(d) and (e), which both required annual reports from the Department of Transportation (DOT) detailing plans to reduce miles driven by public and private sector employees.

Section 4.5

Amends GS 143-341(8)(i).2b to eliminate an annual report by the Department of Administration concerning the number of new cars bought plus savings or costs for the purchases of those cars and fuel, as far as its duties concerning the operation of a central motor pool.

Section 4.6

Repeals GS 143B-279.5, which established and required a Biennial State of the Environment Report.

Section 4.8

Amends Section 11.1 of SL 1999-329, deleting a reporting requirement that the Environmental Management Commission must report on progress concerning the development of engineering standards for municipal and domestic wastewater collection systems to allow interconnection.

Section 4.9

Amends Section 13.9(d) of SL 2000-67, deleting a requirement that the Department of Environment and Natural Resources revise the beach management and restoration plan every two years.

Section 4.10

Repeals Section 29(j) and 29(k) of SL 2014-120 concerning annual reporting requirements by regulatory authorities concerning the informal review process for reviewing engineering work as specified.

Section 4.11

Amends GS 143B-279.8(e) to require a report from the commissions specified regarding the progress of the Coastal Habitat Protection Plans only when significant revisions have been made to those plans (previously required each Commission to report annually regarding the plan). Also repeals GS 143B-279.8(f). which required an additional report from the Secretary of Environmental Quality concerning the Coastal Habitat Protection Plan upon making substantial revisions.

Section 4.12

Amends GS 143-215.3A(c) concerning required reporting from the Department of Environmental Quality (DEQ) to the Environmental Review Commission (ERC) and the Fiscal Research Division about environmental permitting programs, reducing the reporting to only on or before January 1 of each odd-numbered year (was, November of each year).  Also adds language that requires this report to be submitted with the report required in GS 143B-279.17, concerning permit processing times.  Also amends GS 143B-279.17, concerning reporting on permit processing times for the One-Stop for Certain Environmental Permits Program and the Express Permit and Certification Reviews, reducing the reporting requirement to only on or before January 1 of each odd-numbered year (was, by March of each year). Adds conforming language reflecting the above requirement that this report be submitted with that required in GS 143-215.3A(c). Provides that the first joint report is to be submitted no later than January 1, 2017.

Section 4.13

Amends GS 143B-282(b) and GS 143-215.1(h), both concerning reporting requirements of the Environmental Management Commission (EMC) (specifically concerning the operation and activities of the EMC as well as information on the modification of existing permits as specified), now providing that the specified reports shall be submitted on an annual basis, by January 1 of each year (was, on quarterly basis). Further provides that the required reports are to be submitted jointly, with the first combined report to be submitted to the ERC no later than January 1, 2017.

Section 4.14

Amends the following statutes concerning reporting requirements: GS 130A-309.140(a)(concerning recycling of discarded computers and televisions), GS 130A-310.40 (concerning evaluation of the Brownfields Property Reuse Act), GS 130A-310.10(a) (concerning the Inactive Hazardous Waste Response Act), GS 143-215.104U(a) (concerning the Dry-Cleaning Solvent Cleanup Act); and GS 130A-294(i) (concerning the implementation and cost of the hazardous waste management program),  deleting the reporting requirements and replacing them with language that requires the same information and reports to be included and submitted with the annual solid waste management report required to be submitted by the DEQ on or before January 15 of each year, pursuant to GS 130A-309.06(c). Also amends GS 130A-294(i) to remove the requirement that the report include an annual update on the mercury switch removal program. Amends GS 130A-309.06(c) to add and include all of the above reports and information into the annual report on the status of solid waste management submitted by the DEQ to the ERC and the Fiscal Research Division. Provides that the first combined report as provided above will be submitted to the ERC and the Fiscal Research Division no later than January 15, 2017. Makes clarifying and technical changes.

Section 4.15

Amends both GS 113A-67 (concerning reporting of the implementation of the Sedimentation Pollution Control Act of 1973) and GS 143-214.7(e) (concerning  reporting on stormwater control programs) to require the specified reports to be submitted together to the ERC. Also provides that the report in GS 143-214.7(e) is to be submitted by the DEQ (previously, the NC Environmental Management Commission). Requires the first combined report to be submitted to the ERC no later than October 1, 2016.

Section 4.16

Repeals GS 143-355(n) and GS 143-355(o)(9), which respectively included requirements to report on  the development of a State water supply plan and a basinwide hydrologic model.  These requirements are now found in newly enacted GS 143-355(p), which directs the DEQ to report to the ERC, no later than November 1 of each year, concerning the development of a State water supply plan and a basinwide hydrologic model. Further directs the DEQ to submit this report with the report on basinwide water quality management plans required pursuant to GS 143-215.8B(d) as a single report.  Amends GS 143-215.8B(d), making conforming changes reflecting  the joint reporting requirements above.  Requires the first combined report to be submitted to the ERC no later than November 1, 2016.

Section 4.17

Amends GS 159G-26(a) (reporting requirements  concerning the Water Infrastructure Fund) and GS  159G-72 (reporting of State Water Infrastructure Authority findings ) to combine the required reports into one report to be submitted by November 1 of each year. The report is to be submitted to the ERC, the Joint Legislative Oversight Committee on Agricultural and Natural and Economic Resources, and the Fiscal Research Division. Previously required the State Water Infrastructure Authority to submit the report to the Senate Appropriations Committee on Natural and Economic Resources and the House of Representatives Appropriations Subcommittee on Natural and Economic Resources; these requirements have now been deleted. Requires the first combined report to be submitted no later than November 1, 2016. Makes clarifying and technical changes.

Section 4.18

Amends GS 106-850(e) and GS 106-860(e) (both concerning reporting requirements of the Soil and Water Conservation Commission, either for the Agriculture Cost Share Program or the Community Conservation Assistance Program) to require that the reports be submitted together as one report, no later than January 31 of each year. Also amends GS 139-60(d) (concerning the Agricultural Water Resources Assistance Program) to conform all of its reporting requirements to those of GS 106-850(e) (previously, was not required to submit report to the Fiscal Research Division).  Further requires that the first combined report to the ERC and the Fiscal Research Division is to be made no later than January 31, 2017. Makes technical changes.

Section 4.20

Amends GS 113A-115.1(i) concerning  required reports of the Coastal Resources Commission in regards to the terminal groins pilot project, providing that a report on the implementation of the project must be submitted to the ERC by January 1, 2017, and then every five years after that (previously required submittal of the report every year).

Section 4.21

Amends GS 143B-135.48(d) concerning required reports of the Department of Natural and Cultural Resources regarding the Parks System Plan, providing that the report must be submitted to the ERC, the Joint Legislative Oversight Committee on Agricultural and Natural and Economic Resources, and the Fiscal Research Division no later than October 1, 2016, and then every five years after that that (previously required submission of the report every year).  Also deletes requirement that the report also be submitted to the Senate and House of Representatives appropriations committees that have jurisdiction over natural and cultural resources.  Makes conforming changes.

Section 4.22-4.24

Amends reporting requirements found in Section 15.6 of SL 1999-237 (concerning funds used from the Superfund),  GS 87-98(e) (concerning expenditures from the Bernard Allen Emergency Drinking Water Fund), and GS 143B-135.56(f) (concerning  allocations from the Recreation Trust Fund), deleting various reporting requirements and now providing that the required reports in Section 15.6 of SL 1999-237 be submitted only to the Joint Legislative Oversight Committee on Agricultural and Natural and Economic Resources; those in GS 87-98(e) be submitted to the Joint Legislative Oversight Committee on Agricultural and Natural and Economic Resources and the Fiscal Research Division; and those in GS 143B-135.56(f) to the Joint Legislative Oversight Committee on Agricultural and Natural and Economic Resources, the Fiscal Research Division, and the ERC.

Part V. Severability Clause and Effective Date.

Section 5.1

Includes a severability clause.

Section 5.2

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

© 2021 School of Government The University of North Carolina at Chapel Hill

This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.

Printer-friendly: Click to view