VARIOUS CLARIFYING CHANGES (NEW).

View NCGA Bill Details2017-2018 Session
House Bill 770 (Public) Filed Tuesday, April 11, 2017
AN ACT TO MAKE CLARIFYING CHANGES TO ENSURE ESSA COMPLIANCE; CLARIFY PROPERTY TAX COMMISSION SALARIES; CLARIFY ADMINISTRATIVE COSTS FOR THE HEALTHY FOOD SMALL RETAILER PROGRAM; CLARIFY SINGLE-STREAM FUNDING FOR LME/MCOS; CHANGE THE MEMBERSHIP OF THE NORTH CAROLINA MEDICAL BOARD; PROHIBIT ATTORNEYS SERVING AS TRUSTEES FROM REPRESENTING NOTEHOLDERS OR BORROWERS WHILE INITIATING A FORECLOSURE PROCEEDING; MAKE CHANGES TO REPORTING REQUIREMENTS TO THE GENERAL ASSEMBLY; AND MAKE CHANGES TO THE NORTH CAROLINA STATE LOTTERY COMMISSION.
Intro. by K. Hall, McElraft, B. Turner, Harrison.

Status: Ch. SL 2017-206 (House Action) (Aug 30 2017)

SOG comments (3):

Long Title Change

House amendment to the 2nd edition changes the long title. The original title is as follows:

AN ACT TO PROVIDE FOR A REPORT ON RULES FOR REMEDIATION OF CERTAIN UNDERGROUND STORAGE TANKS REQUIRED BY THE 2015 APPROPRIATIONS ACT.

Short and Long Title Changes

Senate committee substitute to the 3rd edition makes changes to the short and long titles. The original titles are as follows:

NONCOMMERCIAL USTS/RULE-MAKING REPORT.

AN ACT TO AMEND A 2016 BUDGET PROVISION ADDRESSING FUNDS APPROPRIATED TO THE ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.

Change long and short titles

Conference report changed long and short titles.  Long title was AN ACT TO AMEND VARIOUS ENVIRONMENTAL LAWS. Short title was AMEND ENVIRONMENTAL LAW 3 (NEW)

Bill History:

H 770/S.L. 2017-206

Bill Summaries:

  • Summary date: Aug 31 2017 - More information

    AN ACT TO MAKE CLARIFYING CHANGES TO ENSURE ESSA COMPLIANCE; CLARIFY PROPERTY TAX COMMISSION SALARIES; CLARIFY ADMINISTRATIVE COSTS FOR THE HEALTHY FOOD SMALL RETAILER PROGRAM; CLARIFY SINGLE-STREAM FUNDING FOR LME/MCOS; CHANGE THE MEMBERSHIP OF THE NORTH CAROLINA MEDICAL BOARD; PROHIBIT ATTORNEYS SERVING AS TRUSTEES FROM REPRESENTING NOTEHOLDERS OR BORROWERS WHILE INITIATING A FORECLOSURE PROCEEDING; MAKE CHANGES TO REPORTING REQUIREMENTS TO THE GENERAL ASSEMBLY; AND MAKE CHANGES TO THE NORTH CAROLINA STATE LOTTERY COMMISSION. Enacted August 30, 2017. Effective August 30, 2017, except as otherwise provided.


  • Summary date: Aug 18 2017 - More information

    The Governor vetoed the act on 08/14/17. The Governor's objections and veto message are available here: http://www.ncleg.net/Sessions/2017/H770Veto/H770Veto.html


  • Summary date: Aug 3 2017 - More information

    Conference report deletes all content of the 5th edition and replace it with the following.

    Part I.

    Amends GS 115C-83.15 to require the State Board of Education (State Board), using EVAAS, to calculate the overall growth score earned by schools, but no longer requiring it to be a measure of school quality and student success. Adds that for schools serving students in 9-12th grades, the growth score includes only growth values for measures calculated under (b)(2) a and b (one point for each percent of students who score at or above proficient on either the Algebra I or Integrated Math I end-of-course test, or for students who completed Algebra I or Integrated Math I before night grade, another math course with an end-of-course test; and one point for each percent of students who score at or above proficient on the English II end-of-course test). Makes conforming changes.

    Amends GS 115C-83.16 by removing the requirement that the State Board weight the measures in accordance with the requirements of GS 115C-83.15. Amends the components that are to be used to define school performance indicators for schools serving students in 9-12th grades, by (1) including the growth score earned by the schools in calculating the academic achievement indicator and (2) deleting the requirement that the other academic indicator include proficiency on the Biology end of course test, the percentage of students who complete Algebra II  or Integrated Math III with a a passing grade, the percentage of students who achieve the minimum score required for admission into a constituent institution of the University of North Carolina on a nationally normed test of college readiness, and the percentage of students enrolled in Career and Technical Educational courses who meet the standard when scoring at Silver, Gold, or Platinum levels on a nationally normed test of workplace readiness. Allows the State Board, only for the purpose of conforming with ESSA, to label measures as indicators different from those descried in the statute if each measure is calculated in accordance with GS 115C-83.15.

    These provisions are effective when they become law and apply beginning with the 2017-18 school year.

    Part II.

    Amends GS 105-288 to prohibit members of the Property Tax Commission (Commission) whose salaries or any portion of whose salaries are paid from State funds from receiving travel and subsistence expenses, but allows them to receive a salary as provided for by the Commission. Effective when the act becomes law and applies retroactively to expenses of the Commission incurred on or after April 1, 2017.

    Part III. 

    Amends Section 12.5(a) of SL 2017-57 by adding that the Department of Agriculture and Consumer Services may retain up to 10% of the funds allocated under this section to the Healthy Food/Small Retailer program for administrative costs associated with the program. Effective July 1, 2017.

    Part IV.

    Amends Section 11F.2(b) of SL 2017-57 by increasing and decreasing the specified reductions that the DMH/DD/SAS is required to allocate for single-stream funding among the listed LME/MCOs for fiscal years 2017-18 and 2018-19. Effective July 1, 2017.

    Part V.

    Amends GS 90-2, which sets forth the membership of the North Carolina Medical Board. Currently the Medical Board consists of 13 members appointed by the Governor, with seven members being duly licensed physicians recommended by the Review Panel, and the remaining six members meeting provided specifications, including three public members.

    This act reduces the total number of public members appointed by the Governor from three to one, with the Governor now appointing only one public member not subject to recommendation of the Review Panel pursuant to GS 90-3. Adds a new provision establishing that the General Assembly will now appoint two public members in accordance with GS 120-121, one upon the recommendation of the Speaker and one upon the recommendation of the President Pro Tempore. Makes the existing provision prohibiting a public member appointed by the Governor under subsubdivision (a)(2)(b) from being a health care provider or the spouse of a health care provider also applicable to a public member appointed by the General Assembly under new subdivision (a)(3). Makes organizational changes and conforming changes.

    Provides that for the term of the public member appointed by the Governor expiring in 2017, that member must be appointed by the General Assembly upon the recommendation of the Speaker; and for the term of the public member appointed by the Governor expiring in 2018, that member must be appointed by the General Assembly upon the recommendation of the President Pro Tempore, with both appointments complying with GS 120-121. Provides that for terms expiring thereafter or as vacancies occur prior to the expiration of a term, members of the NC Medical Board are to be appointed in accordance with GS 90-2 as amended by this act.

    Applies to vacancies occurring after June 30, 2017.

    Part VI.

    Amends GS 45-10 (Substitution of trustees in mortgages and deeds of trust). Provides that an attorney who serves as the trustee or substitute trustee shall not represent either the noteholders or the interests of the borrower while initiating a foreclosure proceeding. Makes a clarifying change.

    Part VII.

    Repeals SL 2008-107, Section 7.18(b), which directs the Department of Public Instruction to report to the Joint Legislative Oversight Committee by April 15 of each year on the effectiveness of the Plant Operation Section of the School Support Division's efforts to assist local school administrative units in managing environmental issues.

    Amends SL 2015-241, Section 31.7(b). Amends the due date of the reports of each State agency on the status of agency capital projects semiannually to the Joint Legislative Commission on Governmental Operations, and quarterly to the Fiscal Research Division and the Office of State Budget and Management, to begin on October 15, 2017 (was, October 1, 2015), and periodically thereafter as specified.

    Part VIII.

    Amends GS 18C-112 to allow the member of the State Lottery Commission who is appointed by the Governor and required to have at least five years' experience in law enforcement to be an elected law enforcement official.  

    Makes conforming changes to the act's short and long titles.

    Unless otherwise provided, effective when the act becomes law.


  • Summary date: Jun 27 2017 - More information

    Senate amendment makes the following changes to the 4th edition:

    Amends GS 130A-309.09B (Local Government Waste Reduction Programs). Prohibits local governments from prohibiting the disposal of waste outside the borders of their county or municipality for waste generated within their county or municipality.


  • Summary date: Jun 22 2017 - More information

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

    Changes the act's long and short titles.

    Deletes the provisions amending Section 37.2(e) of SL 2016-94, concerning the remainder of funds appropriated to Environmental Quality Incentives Program projects in the Appropriations Act of 2016.

    Deletes the provisions amending GS 143-215.72, which provided that when the Secretary of Environmental Quality issued new and revised policies for review of grant applications for water resource development projects and disbursement of funds under that statute, those policies did not apply to a project already approved for funding unless the project applicant agreed to the policy change.

    Amends GS 113-201, authorizing the Marine Fisheries Commission to adopt rules to establish Shellfish Aquaculture Enterprise Areas to facilitate shellfish aquaculture opportunities through advanced siting and preapprovals from relevant federal and State agencies. Establishes that the Secretary of the Department of Environmental Quality (Secretary) can only issue nontransferrable leases within designated Shellfish Aquaculture Enterprise Areas. Adds that any leased parcel within a Shellfish Aquaculture Enterprise Area that is relinquished or terminated must revert to the State and be made available to other applicants. 

    Amends GS 113-201.1, defining Shellfish Aquaculture Enterprise Area to mean an area designated and permitted by the Department of Environmental Quality (DEQ) that is subdivided into parcels and made available for shellfish aquaculture leasing. 

    Amends GS 113-203, concerning the transplanting of oysters and clams. Clarifies that it is unlawful to transplant oysters or clams from public grounds or permitted aquaculture operations utilizing waters in the prohibited, restricted, or conditionally approved classification (currently, does not expressly refer to prohibited classification) to private beds except when the transplanting is done in accordance with the provisions of the statute and implementing rules. Modifies subsection (a3) to provide that it is lawful to transplant seed oysters or seed clams taken from permitted aquaculture operations that use waters in the prohibited, restricted, or conditionally approved classification to private beds pursuant to the specified permit and its restrictions, unless the Secretary determines that nursery or shellfish in an area will present a risk to public health (currently, does not depend upon the Secretary's public health determination; also does not currently expressly refer to prohibited classification).

    Modifies GS 113-168.4(b), allowing the sale of fish reared in (currently, of oysters or clams from) a hatchery or aquaculture operation to the holder of an Aquaculture Operation Permit, an Under Dock Culture Permit, or a shellfish cultivation lease. 

    Directs the Division of Marine Fisheries to review its Fishery Management Plan for river herring, as specified, and report to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources by December 15, 2017, regarding the continuing validity and scientific basis for the continued status of both species as overfished. Provides that if the Division of Marine Fisheries does not have an adequate scientific basis to review the status of both species, then the report must include cost estimates for the restoration of spawning and nursery area surveys and age composition work for all coastal streams within the State that historically contained significant river herring fisheries. 

    Authorizes the Division of Water Resources of DEQ and the State Property Office to negotiate with appropriate federal agencies an agreement for the State to assume responsibility for acquiring dredged material easement sites appropriate for maintenance dredging of the Atlantic Intracoastal Waterway between Beaufort Inlet and the Virginia border in exchange for the reduction in size and possible change in location of dredged material disposal easement sites currently held by the federal government. Details required terms of this agreement. 

    Amends GS 143-215.73F(b), authorizing funds of the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund to be used to provide funding for siting and acquisition of dredged disposal easement sites associated with the maintenance of the Atlantic Intracoastal Waterway north of Beaufort Inlet and south of the border with the Commonwealth of Virginia, under a memorandum of agreement between the State and the federal government. 

    Amends GS 130A-309.09B(a), adding to the requirements for local governments to establish and maintain a solid waste reduction program, to forbid local governments from prohibiting by ordinance or otherwise the disposal of construction and demolition debris in any sanitary landfill permitted for the disposal of construction and demolition debris, which landfill has a valid and operative franchise agreement and is otherwise properly permitted pursuant to GS 130A-294.

    Enacts new Part 8D in Article 21 of GS Chapter 143, establishing the Coastal Storm Damage Mitigation Fund (Fund). Provides for the sources of funding in the Fund. Limits the use of revenue credited to the Fund to costs associated with beach nourishment, artificial dunes, and other projects to mitigate or remediate coastal storm damage to the ocean beaches and dune systems of the State. Requires cost-sharing for any project funded by revenue from the Fund and sets forth cost-sharing requirements based on whether the projects are located in a development tier one area. Provides for non-state entities that contribute to the Fund for a particular project or group of projects to request that the contribution be returned if it has not been spent or encumbered within two years of receipt of the contribution by the Fund. 

    Adds a severability clause. 


  • Summary date: Apr 26 2017 - More information

    House amendment #2 makes the following changes to amendment #1 to the 2nd edition:

    Makes technical and organizational changes to GS 143-215.72(b) [now (c)].


  • Summary date: Apr 25 2017 - More information

    House amendment makes the following changes to the 2nd edition:

    Amends the long title.

    Makes organizational changes.

    Amends SL 2016-94, Section 37.2(e). Provides that any remaining balance of funds appropriated prior to the 2015-17 fiscal biennium for Environmental Quality Incentives Program projects shall be paid as a pass-through grant for the amount requested in the project application, except that the Secretary may retain 10% of the state share of funding until the federal Natural Resources Conservation Service has provided a final practice approval for the project.

    Amends GS 143-215.72. Provides that when the Secretary of Environmental Quality issues new and revised policies for review of grant applications for water resource development projects and disbursement of funds under that statute, those policies do not apply to a project already approved for funding unless the project applicant agrees to the policy change.


  • Summary date: Apr 20 2017 - More information

    House committee substitute makes the following changes to the 1st edition.

    Changes the two directives in the act. Now directs the Environmental Management Commission (was, the Department of Environmental Quality) to adopt temporary rules implementing SL 2015-241, Section 14.16B (regarding risk levels, risk assessment, and corrective action for petroleum underground storage tanks) no later than October 1, 2017, to remain in effect until the effective date of the permanent rule adopted to replace the temporary rule. Further directs the Environmental Management Commission (was, the Department of Environmental Quality) to report on the status of rule making under this act and by SL 2015-241, Section 14.16B, to the Fiscal Research Division and the chairs of the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources no later than December 31, 2017.


  • Summary date: Apr 11 2017 - More information

    Directs the Department of Environmental Quality (DEQ) to adopt temporary rules implementing SL 2015-241, Section 14.16B (regarding risk levels, risk assessment, and corrective action for petroleum underground storage tanks), no later than October 1, 2017, to remain in effect until the effective date of the permanent rule adopted to replace the temporary rule.

    Directs DEQ to report on the status of rule making under this act and by SL 2015-241, Section 14.16B, to the Fiscal Research Division and the chairs of the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources no later than December 31, 2017.


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