Bill Summary for S 131 (2017-2018)

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Summary date: 

Apr 5 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 131 (Public) Filed Thursday, February 23, 2017
Intro. by Wells, Cook, Sanderson.

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Bill summary

House amendments make the following changes to the 4th edition.

House amendment #1 changes the proposed statute of limitations provisions for land-use violations. 

Amends GS 1-51, concerning the statute of limitations to commence an action, adding new subdivision (5) providing for a five-year statute of limitations for a unit of local government to begin an action against the owner for a violation of a land use statute, ordinance, permit, or other official action in regards to land use (the 4th edition amended GS 1-52 and set a three-year statute of limitations). The action accrues upon the earlier of (1) the facts constituting the violation are known to the governing body or (2) the violation can be determined from the public record of the unit of local government. 

Amends GS 1-49 to add a new subdivision (3) to establish a seven-year statute of limitation for an action against the owner of an interest in real property by a unit of local government for a violation of a land use statute, ordinance, or permit or any other official action concerning land use carrying the effect of law (the 4th edition amended GS 1-50(a) and set a six-year statute of limitations). Provides that subdivision (8) does not limit the remedy of injunction for conditions actually injurious or dangerous to the public health or safety, but does prescribe an outside limitation of seven years from the earlier of the occurrence of any of the following: (1) the violation is apparent from a public right-of-way or (2) the violation is in plain view from a place to which the public is invited. Effective October 1, 2018, applying to actions commenced on or after that date.

House amendment #2

Deletes the proposed changes to GS 87-97 pertaining to the permitting, inspection, and testing of private drinking water wells, and now provides the following changes in GS 87-97.

Amends subsection (a) to establish that the local health department is the exclusive authority for the permitting of wells and well systems as described in GS 143-138(b17)(2).

Amends subsection (b) to allow the appropriate building inspector to request from the local health department the opportunity to inspect the activities authorized by a well permit. Requires the inspection to be performed prior to the final inspection performed by the local health department. Does not require the well inspector to be onsite for the inspection by the building inspector. Establishes that if an inspection by a building inspector after  the final inspection has been performed by the local health department is determined to be necessary for the protection of public health, safety, or welfare, the local building inspections department is responsible for (1) the additional costs for the inspection and related activities necessary for the inspection and (2) any damages to the well system caused during the inspection. Moves existing language providing for the authorizations included in a permit issued under the statute to new subsection (b2). 

Amends proposed subsection (b17) of GS 143-138, excluding private drinking water well installation, construction, and maintenance from the NC State Building Code. Modifies the second qualification for the exemption to require the scope of the work to be limited to the connection or disconnection of a well system to either the plumbing served by the well system or the electrical service that serves the well system. Adds new provision to clarify that, for purposes of subsection (b17), a well system includes the well, the pressure tank, the pressure switch, and all plumbing and electrical equipment in the well and between the well, pressure tank, and pressure switch. 

House amendment #3

Further amends GS 143-215.107A(c) to remove Haywood County from the counties required to perform motor vehicle emissions inspections. 

House amendment #4

Amends proposed subsection (b18) of GS 143-138, specifying certain building code classifications from the energy efficiency standards. Adds provision to clarify that the exclusion provided in new subsection (b18) applies to the entire floor area of any structure for which the primary use of occupancy is listed in the new subsection.