Bill Summary for S 770 (2015-2016)

Summary date: 

Jun 28 2016

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 770 (Public) Filed Wednesday, April 27, 2016
AN ACT TO PROVIDE FURTHER REGULATORY RELIEF TO THE AGRICULTURAL COMMUNITY.
Intro. by B. Jackson, Brock, Cook.

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Bill summary

House committee substitute makes the following changes to the 5th edition.

Section 11

Adds new subsection to proposed GS 106-1042, which sets out definitions to terms as they are used in proposed Article 86 of GS Chapter 106, to define cervid to mean any member of the Cervidae family. 

Changes the term farmed cervid feed to cervid feed, and defines the term to mean any commercial feed, as defined in GS 106-284.33, labeled or marketed for cervid use (previously, labeled or marketed for farmed cervid use). Makes conforming changes to proposed GS 106-1043, proposed GS 106-1044, and proposed GS 106-1045.

Section 12

Deletes proposed subsection (a1) to GS 143-215.15, which exempted water uses for agricultural purposes on bona fide farms or silviculture operations from water permitting requirements for capacity use areas. 

Section 13

Amends proposed subdivision (1) to GS 143-138(b10), which sets out an exclusion to permitting requirements for replacement water heaters under the North Carolina State Building Code (Code). Now provides that no permit can be required under the Code or any local variant approved under subsection (e) of the statute for replacement water heaters in one or two-family dwellings, as long as (1) the energy use rate or thermal input is not greater than that of the water heater which is being replaced, and there is no change in fuel, energy source, location, or routing or sizing of venting and piping (previously, also required there to be no change in capacity); (2) the work is performed by a person or employee of a company licensed under GS 87-21 or pursuant to GS 87-21(i); and (3) the replacement is installed in accordance with the current edition of the Code.

Section 14

Amends the proposed revisions to GS 113A-52.01, concerning the applicability of the Sedimentation Pollution Control Act, to establish that the Act does not apply to activities, including the production and activities relating or incidental to the production of crops, grains, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agriculture undertaken on agricultural land for the production of plants and animals useful to man (previously, activities, including the breeding and grazing of livestock, and any activity that constitutes a bona fide farm use under GS 153A-340(b)(2), undertaken on agricultural land for the production of plants and animals useful to man). Amends proposed GS 113A-52.01(1)g. of the statute to provide that the plants and animals useful to man include mulch, ornamental plants, and other horticultural products (previously, also included sod).

Section 16

Amends proposed GS 75-41, concerning automatic renewal clauses in contracts, to provide that an automatic contract renewal for the sale or lease of products or services for a term exceeding 60 days is void and unenforceable unless the consumer is given written notice of the automatic renewal at least 15 days but no earlier than 45 days (previously, 30 days) before the date of automatic renewal of the contract, unless it is cancelled prior to that date.

Section 18

New section requires that an electric public utility that has received a request to interconnect to the public utility's distribution system from a renewable energy facility must move that request to the front of the respective study queue relative to other pending valid interconnection requests if (1) the facility is fueled by only swine or poultry waste, or by a combination of swine and poultry waste, and (2) prior to May 21, 2016, the facility has entered into the interconnection queue and either obtained a certificate of public convenience and necessity under GS 62-110.(a) or reported to the Utilities Commission that it proposed to construct the facility under GS 62-110.1(g).

Provides that a renewable energy facility that meets the requirements of Section 18(a) cannot be moved in front of an interconnection request that has either initiated the system impact study process or received a system impact study report and is continuing through the interconnection process.

Requires that any prioritization of a renewable energy facility pursuant to Section 18 of the act must be based on original queue numbers. Requires the facility to otherwise comply with the North Carolina Interconnection Standard approved by the Commission.

This section is effective when it becomes law and expires January 1, 2017.

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