Bill Summary for S 315 (2019-2020)

Summary date: 

Jul 1 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 315 (Public) Filed Wednesday, March 20, 2019
AN ACT TO MAKE VARIOUS CHANGES TO THE AGRICULTURAL LAWS OF THE STATE.
Intro. by B. Jackson, Sanderson, Johnson.

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Bill summary

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

Amends the makeup of the Hemp Commission (Commission) set forth in GS 106-568.52, now requiring one of the two Governor-appointed members who is a full-time or Emeritus faculty member of a State land grant university who regularly works in the field of agricultural science or research to be appointed from NC A&T State University and reflect the spirit and relationship to the education and research for which the land grant program was established. Also now requires one of the two experienced farmer members appointed by the Commissioner of Agriculture to be a small farmer who is a historically underserved African-American farmer. Additionally, requires the member appointed by the Commissioner of Agriculture be recommended by the Small and Minority Farm Program (previously, required to be a professional agricultural consultant). 

Amends proposed GS 106-568.55A, concerning bonding requirements for hemp handlers. Now limits the bonding requirements to hemp handlers who process hemp purchased from a cultivator. Additionally, exempts from the bonding requirements handlers who process only hemp grown by the handler. Makes identical changes to the bonding requirements set forth in proposed GS 106-568.64, effective July 1, 2021. Makes further clarifying changes to proposed GS 106-568.64.

Modifies proposed GS 106-658.58 to change the statutory numbering to GS 106-568.58.

Amends the proposed changes to GS 90-87 which become effective either December 1, 2019, or 30 days after the effective date of the US Department of Agriculture's adopted regulations. Now defines marijuana to exclude hemp products or hemp extracts, and include smokable hemp, except for hemp plants or parts of a hemp plant grown or handled by a licensee for processing or manufacturing into a legal hemp product (previously, excluded hemp, hemp products, hemp extracts and smokable hemp when the hemp is produced and used in compliance with the Article and rules of the Commission). Makes similar changes to the statute, effective July 1, 2021, to exclude hemp products or hemp extracts, and include smokable hemp except for hemp plants or parts of a hemp plant grown or handled by a licensee for processing or manufacturing into a legal hemp product. Also amends the proposed changes to GS 90-94, effective either December 1, 2019, or 30 days after the effective date of the US Department of Agriculture's adopted regulations, to remove  tetrahydrocannabinols in hemp and smokable hemp from the proposed exclusions from tetrahydrocannabinols, classified as a Schedule VI controlled substance (previously, excluded tetrahydrocannabinols in hemp, hemp products, hemp extracts, or smokable hemp). Makes identical changes to the statute, effective July 1, 2021.

Amends the criminal penalties set forth in proposed GS 106-568.67, effective July 1, 2021, eliminating the Class 1 misdemeanor offense for knowingly or intentionally manufacturing, delivering, selling, or possessing smokable hemp. Makes identical changes to delete proposed GS 106-568.57(d), which was to be become effective December 1, 2020.

Amends proposed GS 106-121(1a), excluding smokable hemp from the definition of the term cannabinoid-related compounds as used in Article 12 (regarding the Department of Agriculture and Consumer Services' regulation of food, drugs, and cosmetics). Sunsets the proposed changes to GS 106-121 on July 1, 2021. Enacts identical changes to the statute, effective July 1, 2021, except changes a statutory cross-reference to the definition of smokable hemp, as enacted.

Changes the effective date to Section 14, which amends GS 106-568.56 (civil penalties for manufacturing, delivering, selling, or possessing smokable hemp), requires quarterly meetings of specified entities to discuss best practices in the hemp industry, and requires the SBI to notify the specified Commission when the US DEA has adopted an approved immediate testing method for whether hemp is within the federally defined THC level. Makes these provisions effective December 1, 2019, rather than December 1, 2020.

Eliminates the directives regarding the Environmental Management Commission's implementation of 15A NCAC 02D .1806 (Control and prohibition of odorous emissions).

Further amends Section 10.24 of SL 2017-57 to sunset the NC Food Innvoation Lab Committee (as renamed) on January 1, 2020 (previously, set to sunset on January 1, 2025).

Directs the ERC to study matters related to the decommissioning of utility-scale solar projects, including the need for performance bonding to ensure proper decommissioning and closure of existing or future-built solar facilities, the economic feasibility and availability of recycling solar panels, and a survey of other states' related regulatory requirements. Requires the ERC to report to the 2020 Regular Session of the 2019 General Assembly upon its convening. Defines utility-scale solar project, and includes the solar rays, accessory buildings, transmission facilities, and any other infrastructure necessary of the operation of the project in the term.

Directs the ERC to study DEQ's process for the development and adoption of general permits for animal waste management systems for swine, cattle, and poultry operations, including whether the general permitting process should comply with the APA. Identifies entities the ERC must seek input from, including representatives of farmers and environmental protection and natural resource conservation groups. Directs ERC to report to the 2020 Regular Session of the 2019 General Assembly upon its convening. 

© 2019 School of Government The University of North Carolina at Chapel Hill

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