Bill Summary for H 94 (2013-2014)

Summary date: 

Jun 26 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 94 (Public) Filed Tuesday, February 12, 2013
AN ACT TO AMEND CERTAIN ENVIRONMENTAL AND NATURAL RESOURCES LAWS TO (1) REPEAL 2008 AND SUBSEQUENT MODEL YEAR HEAVY-DUTY DIESEL VEHICLE REQUIREMENTS; (2) DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO STUDY THE CONTINUED NEED TO CONDUCT VEHICLE EMISSIONS INSPECTIONS; (3) PROVIDE THE ENVIRONMENTAL MANAGEMENT COMMISSION WITH THE FLEXIBILITY TO DETERMINE WHETHER RULES ARE NECESSARY FOR CONTROLLING THE EFFECTS OF COMPLEX SOURCES ON AIR QUALITY; (4) AMEND THE RULES THAT PERTAIN TO OPEN BURNING FOR LAND CLEARING OR RIGHT-OF-WAY MAINTENANCE; (5) CLARIFY THAT AN AIR QUALITY PERMIT SHALL BE ISSUED FOR A TERM OF EIGHT YEARS AND PROVIDE THAT A THIRD PARTY WHO IS DISSATISFIED WITH A DECISION OF THE ENVIRONMENTAL MANAGEMENT COMMISSION REGARDING AN AIR QUALITY PERMIT MAY FILE A CONTESTED CASE UNDER THE ADMINISTRATIVE PROCEDURE ACT WITHIN 30 DAYS; (6) AMEND COASTAL AREA MANAGEMENT ACT MINOR PERMIT NOTICE REQUIREMENTS; (7) AMEND THE DIRECTION TO THE MINING ENERGY COMMISSION CONCERNING ADOPTION OF RULES GOVERNING DISCLOSURE OF INFORMATION PERAINING TO HYDRAULIC FRACTURING FLUID CHEMICALS AND CONSTITUENTS; (8) EXEMPT THE MINING AND ENERGY COMMISSION, THE ENVIRONMENTAL MANAGEMENT COMMISSION, AND THE COMMISSION FOR PUBLIC HEALTH FROM PREPARING FISCAL NOTES FOR RULES THAT PERTAIN TO THE MANAGEMENT OF OIL AND GAS DEVELOPMENT; (9) CLARIFY THE PROCESS FOR APPEALS FROM CIVIL PENALTIES ASSESSED BY A LOCAL GOVERNMENT THAT HAS ESTABLISHED AND ADMINISTERS AN EROSION AND SEDIMENTATION CONTROL PROGRAM APPROVED UNDER G.S. 113A-60 AND PROVIDE THAT CIVIL PENALTIES ASSESSED BY A LOCAL GOVERNMENT PURSUANT TO THE SEDIMENTATION POLLUTION CONTROL ACT OF 1973 SHALL BE REMITTED TO THE CIVIL PENALTY AND FORFEITURE FUND; (10) PROVIDE FOR LOW-FLOW DESIGN ALTERNATIVES FOR WASTEWATER SYSTEMS; (11) DIRECT THE COMMISSION FOR PUBLIC HEALTH TO ADOPT RULES TO PROVIDE FOR NOTICE OF KNOWN CONTAMINATION TO APPLICANTS WHO SEEK TO CONSTRUCT NEW PRIVATE DRINKING WATER WELLS AND TO DIRECT LOCAL HEALTH DEPARTMENTS TO EITHER ISSUE A PERMIT OR DENY AN APPLICATION FOR THE CONSTRUCTION, REPAIR, OR OPERATION OF A WELL WITHIN 30 DAYS OF RECEIPT OF AN APPLICATION; (12) CLARIFY THOSE UNDERGROUND STORAGE TANKS THAT ARE NOT REQUIRED TO PROVIDE SECONDARY CONTAINMENT UNTIL JANUARY 1, 2020; (13) MAKE TECHNICAL AND CONFORMING CHANGES TO PROTECTED SPECIES, MARINE, AND WILDLIFE RESOURCES STATUTES; (14) MAKE CLARIFYING AND CONFORMING CHANGES TO THE STATUTES PERTAINING TO THE MANAGEMENT OF SNAKES AND OTHER REPTILES; (15) AMEND THE ADMINISTRATIVE PROCEDURE ACT TO PROVIDE THE WILDLIFE RESOURCES COMMISSION WITH TEMPORARY RULE-MAKING AUTHORITY FOR MANNER OF TAKE; (16) PROHIBIT PUBLIC ENTITIES FROM PURCHASING OR ACQUIRING PROPERTY WITH KNOWN CONTAMINATION WITHOUT APPROVAL OF THE GOVERNOR AND COUNCIL OF STATE; (17) CLARIFY THAT NO BUILDING PERMIT IS REQUIRED FOR ROUTINE MAINTENANCE OF FUEL DISPENSERS; (18) CLARIFY THE FEES THAT THE SECRETARY FOR ENVIRONMENT AND NATURAL RESOURCES MAY ADOPT FOR THE NORTH CAROLINA AQUARIUMS; (19) REPEAL THE MOUNTAIN RESOURCES PLANNING ACT; (20) PROVIDE AN EXEMPTION FROM LOCAL GOVERNMENT REQUIREMENTS REGARDING THE NUMBER OF ACRES REQUIRED FOR PROPERTY DEVELOPMENT FOR BROWNFIELDS AGREEMENTS; (21) DIRECT THE DEPARTMENT OF TRANSPORTATION TO ADOPT RULES FOR SELECTIVE PRUNING WITHIN HIGHWAY RIGHTS-OF-WAY; (22) CLARIFY REQUIREMENTS FOR COMPLIANCE BOUNDARIES WITH RESPECT TO GROUNDWATER QUALITY STANDARDS; (23) EXEMPT CERTAIN RADIO TOWERS FROM APPLICABILITY WITH THE MILITARY LANDS PROTECTION ACT; (24) CLARIFY THAT EXTENDED DURATION PERMITS FOR SANITARY LANDFILLS AND TRANSFER STATIONS AUTHORIZED BY S.L. 2012-187 ARE PERMITS FOR OPERATION AS WELL AS CONSTRUCTION; (25) ADD A FACTOR FOR CONSIDERATION IN ASSESSING SOLID WASTE PENALTIES; (26) LIMIT LOCAL GOVERNMENT REGULATION OF STORAGE, RETENTION, OR USE OF NONHAZARDOUS RECYCLED MATERIALS; (27) AMEND THE DEFINITION OF "BUILT-UPON AREA" FOR PURPOSES OF IMPLEMENTING STORMWATER PROGRAMS; (29) EXEMPT PONDS THAT ARE CONSTRUCTED AND USED FOR AGRICULTURAL PURPOSES FROM RIPARIAN BUFFER RULES; (30) PROVIDE THAT A THIRD PARTY WHO IS DISSATISFIED WITH A DECISION OF THE ENVIRONMENTAL MANAGEMENT COMMISSION REGARDING A WATER QUALITY PERMIT MAY FILE A CONTESTED CASE UNDER THE ADMINISTRATIVE PROCEDURE ACT WITHIN 30 DAYS; (31) REPEAL REQUIREMENTS FOR INCREASES IN VEHICULAR SURFACE AREAS; (32) AMEND DREDGE AND FILL PERMIT APPLICANT PROCEDURE FOR NOTICE TO ADJOINING PROPERTY OWNERS; (33) PROVIDE THAT CERTAIN WATER TREATMENT SYSTEMS WITH EXPIRED AUTHORIZATIONS MAY OBTAIN NEW AUTHORIZATIONS THAT ALLOW THE SYSTEMS TO WITHDRAW SURFACE WATER FROM THE SAME WATER BODY AT THE SAME RATE AS WAS APPROVED IN THE EXPIRED AUTHORIZATION; AND (34) COMBINE THE DIVISION OF WATER QUALITY AND THE DIVISION OF WATER RESOURCES TO CREATE A NEW DIVISION OF WATER RESOURCES IN THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES AND MAKE CONFORMING CHANGES; AND (36) DIRECT THE COMMISSION FOR PUBLIC HEALTH TO CLARIFY ITS RULES THAT IMPLEMENT THE PROHIBITION ON SMOKING IN BARS AND RESTAURANTS AND (37) LIMIT REVIEW OF ENGINEERING WORK.
Intro. by <p>McElraft, Samuelson, McGrady.</p>

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Bill summary

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

Amends the long title.

Part I, Repeal 2008 and Subsequent Model Year Heavy-Duty Diesel Vehicle Requirements (new)

Directs the Environmental Management Commission (EMC) to repeal administrative rule 15A NCAC 02D .1009 (Model Year 2008 and Subsequent Model Year Heavy-Duty Vehicle requirements) on or before December 1, 2013. Further provides that, until the repeal of this rule is effective, no entity or political subdivision of the state will implement or enforce the administrative rule.

Part II, Department of Environment and Natural Resources to Study the Continued Need to Conduct Vehicle Emissions Inspections (new)

Directs DENR to study and examine whether all of the counties covered under the emissions testing and maintenance program pursuant to GS 143-215.107A are needed to meet and maintain the current and proposed federal ozone standards in North Carolina. DENR will report its interim findings to the Environmental Review Commission on or before April 1, 2015. The final report, including legislative recommendations, will be submitted on or before April 1, 2016.

Part III, Provide the Environmental Management Commission with Flexibility to Determine Whether Rules Are Necessary for Controlling the Effects of Complex Sources on Air Quality (new)

Amends GS 143-215.109(a), providing that the EMC can, but is not required to, establish criteria for controlling the effects of complex sources on air quality (previously, the EMC was required to establish such criteria).

Part IV, Amend the Rules That Pertain to Open Burning for Land Clearing or Right-of-Way Maintenance (new)

Exempts open burning for land clearing or right-of-way maintenance under certain circumstances from various rules regulating air quality permits and amends GS 130A-294(a) by adding a new subdivision (4)d. exempting land clearing debris burning from the permitting requirements of that statute. Requires adoption of comparable rules.

Part V, Clarify That an Air Quality Permit Shall Be Issued for a Term of Eight Years and Provide That a Third Party Who Is Dissatisfied with a Decision of the Environmental Management Commission Regarding an Air Quality Permit May File a Contested Case under the Administrative Procedure Act within 30 Days

Amends GS 143-215.108, concerning the control of sources of air pollution, providing that a third party who is dissatisfied with a decision of the EMC can commence a contested case by filing a petition under GS 150B-23 within 30 days after the EMC notifies an applicant or permittee of its decision (previously, only allowed dissatisfied permit applicant or permittee to commence a contested case).

Part VI, Amend CAMA Minor Permit Notice Requirements

Amends the permit application requirements in GS 113A-119, providing that applications for minor permits pursuant to this section do not require notice of the application to be published in a newspaper of general circulation. Deletes the requirement that notice of an application or modification pursuant to GS 113A-121 must be published in a newspaper of general circulation at least seven days before final action. Further deletes language that stated (1) that public notice under this subsection is mandatory and (2) certain modifications or permits were exempt.

Part VII, Amend the Provision of Hydraulic Fracturing Fluid Chemical and Constitutients Data to the Mining and Energy Commission and the Department of Environment and Natural Resources (new)

Amends GS 113-391(b1) setting out provisions for information that is designated as confidential or a trade secret, providing, among other things, that (1) the Mining and Energy Commission (Commission) or DENR can disclose confidential information to officers, employees, or authorized representatives of federal, state, or local agencies and (2) persons subject to regulation under this Chapter can withhold information that constitutes a trade secret related to hydraulic fracturing fluid chemicals. Also specifies the parties and entities that can bring an action challenging the designation of information as confidential or as trade secret.

Part VIII, Exempt the Mining and Energy Commission, The Environmental Management Commission, and the Commission for Public Health from Preparing Fiscal Notes for Rules That Pertain to the Management of Oil and Gas Exploration and Development (new)

Provides that the Commission, EMC, and the Commission for Public Health are exempt from the provisions of GS 150B, requiring the preparation of fiscal notes for rules proposed for the creation of a modern regulatory program for the management of oil and gas exploration and development activities, including horizontal drilling and hydraulic fracturing.

Part IX, Clarify Local Government Authority under the Sedimentation and the Pollution Control Act

(previously Part II of the 2nd edition)

Part X, Provide for Low-Flow Design Alternatives for Wastewater Systems (new)

Requires the Commission for Public Health to adopt a new rule exempting wastewater systems from certain sewage flow rates where the system can achieve lower flow rates through an engineering design that utilizes low-flow fixtures and low-flow technologies and the design is sealed by a professional engineer; daily flows of less than 3,000 gallons do not require state review.

Part XI, Direct the Commission for Public Health to Adopt Rules to Provide for Notice of Known Contamination to Applicants Who Seek to Construct New Private Drinking Water Wells and to Direct Local Health Departments to Either Issue a Permit or Deny an Application for the Construction, Repair, or Operation of a Well within 30 Days of Receipt of an Application (new)

Amends GS 87-97, concerning private drinking water wells, to delete language that required the local health department to issue a construction or repair permit if it determines a private drinking water well can be constructed, repaired, and operated in compliance with the rules and provisions of this Article. Directs the local health department to, within 30 days of receipt of an application to construct or repair a well, determine whether the proposed private drinking water well can be constructed or repaired and operated in compliance with this Article and rules adopted pursuant to this Article, issuing or denying a permit accordingly. Further amends the section to provide that if a local health department fails to act within 30 days, the applicant can treat the failure to act as a denial of the permit and can challenge the denial as provided for in GS 150B.

Further amends GS 87-97 to provide that the Commission for Public Health must adopt rules governing permits for private drinking water wells for circumstances where the local health department has determined that the proposed well site is located within 1,000 feet of a known source of release of contamination. The rules must provide for notice and information of the known source of release and any known risk of issuing a permit.

Changes to GS 87-97(e) are effective when the act becomes law, applying to applications to construct or repair a private drinking water well received by a local health department on or after that date.

Part XII, Clarify Those Underground Storage Tanks That Are Not Required to Provide Secondary Containment Until January 1, 2020 (previously Part V of the 2nd edition)

Amends Section 11.6(a) of SL 2011-394 to provide that all underground storage tank systems installed after January 1, 1991, and before April 1, 2001, are not required to provide secondary containment until January 1, 2020.

Part XIII, Technical and Conforming Changes to Protected Species and Marine/Wildlife Resources Statutes (new)

Amends the definition of fish under GS 113-129(7) to mean finfish, shellfish, and crustaceans (removing reference to marine mammals and all other fishes); also amends GS 113-189 to expand protection of marine and wildlife resources by citing federal law conferring protection on various species, clarifying that the prohibitions under this statute include taking, harming, and disturbing protected species, and adding finfish, marine mammals, and migratory birds to the species protected under the statute.

Part XIV, Clarifying and Conforming Changes to Statues Pertaining to the Management of Snakes and Other Reptiles (new)

Amends GS 14-417 to make technical changes; also amends GS 14-419 to require consultation with the NC Museum of Natural Sciences or the NC Zoological Park in cases of suspected violations of prohibitions against mishandling certain reptiles and authorizing euthanasia in the case of a venomous reptile for which antivenin is not readily available. Provides an exception to the requirement to consult with the NC Museum or NC Zoological Park in cases in which law enforcement or animal control determines there is an immediate risk to public safety.

Part XV, Amend the Administrative Procedure Act to Provide the Wildlife Resources Commission with Temporary Rulemaking Authority for Manner of Take (new)

Amends GS 150B-21.1(a)(7) to include provisions for the manner of take and other conditions required to implement a hunting or fishing season under the Wildlife Resource Commission's temporary rule-making authorization.

Part XVI, Prohibit Public Entities from Purchasing or Acquiring Property with Known Contamination without Approval of the Governor and Council of State (new)

Amends GS Chapter 133 by adding a new Article 4 (GS 133-40) that would prohibit state entities, state universities and colleges, local governments, and political subdivisions from acquiring an ownership interest in real property that contains a known contamination (as defined in GS 130A-310.65(5)) without first obtaining approval from the Council of State. Sets out the procedures and requirements for obtaining such approval. Properties acquired involuntarily (such as through bankruptcy or tax delinquency) are exempt.

Effective July 1, 2013, and applies to a purchase or acquisition of interest in real property occurring on or after that date.

Part XVII, Clarify That No Building Permit is Required for Routine Maintenance on Fuel Dispensers (new)

Amends GS 143-138, providing that building permits are not required for routine maintenance on fuel dispensing pumps or other dispensing devices. Routine maintenance includes the repair or replacement of hoses, O-rings, nozzles, or emergency breakaways.

Part XVIII, Clarify the Fees That the Secretary of Environment and Natural Resources May Adopt for the North Carolina Aquariums (new)

Amends GS 143B-289.44, providing that the Secretary of DENR can adopt a schedule of fees for the aquariums and piers operated by the NC Aquariums, including gate admission fees, facility rental fees, and fees for educational programs. Effective July 1, 2013.

Part XIX, Repeal the Mountain Resources Planning Act (new)

Repeals GS 153A-349.4, the Mountain Resources Planning Act.

Part XX, Provide an Exemption from Local Government Requirements Regarding the Number of Acres for Property Development for Brownfields Developments

Amends GS 153A-349.4 and GS 160A-400.23 to provide an exemption from the 25 acre or more size requirement for local governments to enter into development agreements allowing the development of properties of any size provided the property is subject to an executed brownfields agreement.

Part XXI, Direct the Department of Transportation to Adopt Rules for Selective Pruning within Highway Rights-of-Way (new)

Directs the DOT to adopt rules for the selective pruning within highway rights-of-way for vegetation that obstructs a motorist's view of properties on which agritourism activities occur. Exempts the DOT from preparing fiscal notes, pursuant to GS 150B, for any rule proposed pursuant to this section.

Part XXII, Clarify Requirements for Compliance Boundaries with Respect to Groundwater Quality Standards (new)

Amends GS 143-215.1 (Control of sources of water pollution; permits required) to require any person subject to the statute who must obtain an individual permit for a disposal system to have a compliance boundary, which may be established by rule or permit for various categories of disposal systems, and beyond which groundwater quality standards may not be exceeded. Requires the location of the compliance boundary to be the property boundary. Requires that when operation of a permitted disposal system results in an exceedance of the groundwater quality standards adopted in accordance with GS 143-214.1 (Water; water quality standards and classifications; duties of Commission), the exceedances within the compliance boundary must be remedied through cleanup, recovery, containment, or other response only when (1) the violation of any water quality standard in adjoining classified waters of the state occurs or can be reasonably predicted to occur; (2) there is an imminent hazard or threat to the environment, public health, or safety exits; or (3) there is a violation of any standard in groundwater occurring in the bedrock other than limestones, unless it can be shown that the violation will not adversely affect, or have the potential to adversely affect, a water supply well. Requires exceedances to be remedied through clean-up, recovery, containment, or other directed response where operation of a permitted disposal system results in exceedances of the groundwater quality standards at or beyond the compliance boundary.

Provides that with respect to exceedances of groundwater quality standards within a compliance boundary and related remedy requirements, new GS 143-215.1(j) applies instead of the restricted designation directives in 15A NCAC 2L .0104(d) and (e) until DENR has revised the rules to comply with this act.

Part XXIII. Exempt Certain Radio Towers from Applicability with the Military Lands Protection Act of 2013 (new)

Provides that if House Bill 433 (Land Use Surrounding Military Installations) becomes law, then GS 143-151.74 is amended to also exempt radio towers that were erected to temporarily replace those damaged by a natural disaster, provided that the specified conditions are met.

Part XXIV. Clarify that Extended-Duration Permits for Sanitary Landfills and Transfer Stations Authorized by SL 2012-187 are Permits for Operations as Well as Construction

This provision is the same as Part I in the previous edition. Adds that the changes made by the section are repealed if Senate Bill 328 (Solid Waste Management Reform Act of 2013) becomes law.

Part XXV. Add a Factor for Consideration in Assessing Solid Waste Penalties

This provision is the same as Part IV in the previous edition.

Part XXVI. Limit Local Government Regulation of Storage, Retention, or Use of Nonhazardous Recycled Materials (new)

Amends GS 130A-309.09A by adding a new subsection (h) requiring local governments to encourage storage, retention, and use of nonhazardous recycled materials and prohibiting local government regulations that impede use of recycled products through regulation of the height of recycled materials stockpiles, except when the facilities are located within 200 yards of residential districts.

Part XXVII. Direct the Environmental Review Commission to Study the Requirements Applicable to Recycling of Discarded Computer Equipment (new)

Requires the Environmental Review Commission to study the state requirements for recycling computer equipment and televisions, the results of the program implementation, and whether any changes are needed to improve recycling rates and program effectiveness. Requires a report to the 2014 Regular Session of the General Assembly upon its convening.

Part XXVIII. Amend the Definition of "Built-Upon Area" for Purposes of Implementing Stormwater Programs (new)

Amends GS 143-214.7 to define built-upon area, for the purposes of implementing stormwater programs, to mean impervious surface and partially impervious surface to the extent that the partially impervious surface does not allow water to infiltrate the surface and into the subsoil. Repeals SL 2006-246, Section 2(7), which defined built-upon area. Repeals SL 2008-211, Section 2(a)(3), which defined built-upon area. Requires the Environmental Management Commission to amend its rules to be consistent with the definition of built-upon area in this act. Applies to projects for which permit applications are received on or after the effective date of the act.

Part XXIX. Exempt Ponds that are Constructed and Used for Agricultural Purposes from Riparian Buffer Rules (new)

Exempts freshwater ponds from various riparian buffer rules adopted by the Environmental Management Commission when (1) the property the pond is located on is used for agricultural purposes, (2) the use of the property is in compliance with all other water quality and water quantity statutes and rules applicable to the property before the adoption of the Riparian Buffer Rules, and (3) the pond is not a component of an animal waste management system. Requires the adoption of comparable rules. Applies to ponds used for agriculture that were in existence on or constructed after July 22, 1997.

Part XXX. Provide That a Third Party who is Dissatisfied with a Decision of the Environmental Management Commission Regarding a Water Quality Permit may File a Contested Case under the Administrative Procedure Act within 30 Days (new)

Amends GS 143-215.1 as the title indicates.

Part XXXI. Repeal Requirements for Increases in Vehicular Surface Areas (new)

Repeals Article 4A (Vehicular Surface Areas) of GS Chapter 113A.

Part XXXII. Amend Dredge and Fill Permit Applicant Procedure for Notice to Adjoining Property Owners (new)

Amends GS 113-229(d) to provide that notice to adjoining property owners of a dredge or fill permit may be satisfied by obtaining a signed statement from each property owner indicating no objection to the project or sending a copy of the permit to each property owner by certified mail.

Part XXXIII. Provide That Certain Water Treatment Systems with Expired Authorizations May Obtain New Authorizations That Allow the Systems to Withdraw Surface Water from the Same Water Body at the Same Rate as Was Approved in the Expired Authorization (new)

Allows public water systems with authorizations for deactivated water treatment plants that expired within the last ten calendar years of the effective date of the act to obtain new authorizations allowing the system to withdraw surface water from the same water body and at the same rate as approved in the expired authorization and provides that the new authorizations do not have to prepare an environmental document.

Part XXXIV. Amend S.L. 2013-50, an Act to Promote the Provision of Regional Water and Sewer Services by Transferring Ownership and Operation of Certain Public Water and Sewer Systems to a Metropolitan Water and Sewerage District (new)

Repeals SL 2013-50, Section 1(a)(2), thereby removing the requirement that the public water system has not been issued a certificate for an interbasin transfer from the criteria to be met for all assets and all outstanding debts of any public water system to be transferred to the metropolitan sewerage district operating in the county where the public water system is located, to be operated as a Metropolitan Water and Sewerage District.

Part XXXV. Combine the Division of Water Quality and the Division of Water Resources to Create a New Division of Water Resources in the Department of Environment and Natural Resources and Make Conforming Changes (new)

Combines the Division of Water Quality and the Division of Water Resources into a new Division of Water Resources. Makes conforming changes to statutes throughout GS Chapters 74, 90A, 106, 113A, 136, 143, 143B, 159G, and various session laws.

Part XXXVI. Severability Clause and Effective Date

Adds a severability clause.

Makes change to GS 87-97(e), effective when the act becomes law, applying to applications to construct or repair a private drinking water well received by a local health department on or after that date. 

The act is effective when it becomes law, except where otherwise indicated above.

Makes conforming changes to the act's long title.

 

 

 

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