Bill Summary for S 433 (2019-2020)

Summary date: 

Oct 1 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 433 (Public) Filed Thursday, March 28, 2019
AN ACT TO MAKE VARIOUS CHANGES TO THE STATUTES GOVERNING THE DEPARTMENT OF NATURAL AND CULTURAL RESOURCES AND TO REMOVE CERTAIN LANDS FROM THE STATE NATURE AND HISTORIC PRESERVE, AS RECOMMENDED BY THE DEPARTMENT; TO AMEND CERTAIN REPORTS OF THE NORTH CAROLINA POLICY COLLABORATORY TO THE GENERAL ASSEMBLY; TO CLARIFY CERTAIN APPROPRIATIONS IN THE 2018 HURRICANE FLORENCE DISASTER RECOVERY ACT; TO CORRECT AN EFFECTIVE DATE; TO REPEAL AND REPLACE AN ACT PROVIDING FOR EMERGENCY OPERATING FUNDS FOR UTILITIES; TO ADJUST FOR INFLATION THE THRESHOLD FOR DEPARTMENT OF ADMINISTRATION APPROVAL OF STATE LEASES; AND TO CLARIFY AND AMEND THE SEPTIC TANK SITE SUITABILITY DETERMINATION PROCESS.
Intro. by Burgin, Ballard, Woodard.

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Bill summary

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

Eliminates the proposed changes to Article 55, Regulation of Certain Reptiles, of GS Chapter 55, set forth in previous Section 3.

Adds the following new provisions.

Section 7

Directs the NC Policy Collaboratory (Collaboratory) to create an inventory of aqueous film-forming foam (AFFF) used or stored by fire departments in the state operated, managed, or overseen by local governments. Requires the inventory to include those fire departments that are located at or serve airports. Details the minimum information the Collaboratory's inventory must be comprised of, including identifying information of each fire department that owns or has on its premises a firefighting vehicle that carries AFFF or a storage tank or other vessel for AFFF; the volume, trade name, and CAS number of AFFF used by each department in 2018 for fighting fires or firefighting training; and the annual cost of acquiring AFFF and last known purchases of AFFF for each fire department. Requires the Office of the State Fire Marshal and local governments to assist the Collaboratory upon request. Additionally, directs the Collaboratory to develop a proposal for identifying and collecting AFFF that is expired or no longer wanted or needed by each of these fire departments, as specified. Requires the Office of the State Fire Marshal, the Department of Environmental Quality (DEQ), the Department of Health and Human Services (DHHS), and the Department of Public Safety (DPS) to assist the Collaboratory upon request. Requires the Collaboratory to include the results of these studies in its final report required by Section 13.1(g) of SL 2018-5 (concerning the coordination of specified faculty and resources, and establishment of a protocol for testing certain public water supply samples for specified chemicals), and provide an interim report to the specified NCGA committee and the Environmental Review Commission by April 1, 2020.

Sections 8 and 9

Explicitly authorizes funds appropriated to the Hurricane Florence Disaster Recovery Fund and allocated to DEQ for a coastal beach and dredging needs assessment to be used for a dredge material management plan to assess any non-federal disposal area for dredged material in the State. Amends Section 1.3 of SL 2018-138 (Hurricane Florence/Supplemental Act), which allocates $18.5 million to DEQ for the Coastal Storm Damage Mitigation Fund and limits the use of the allocated funds to provide no more than 50% of the nonfederal share for a federally funded eligible project and no more than 50% of the total cost of an eligible project that is not federally funded. Modifies the limitations set forth for the allocated funds to now restrict use of the funds to provide no more than 50% of the total cost of an eligible project. Adds a new provision to require DEQ to disburse the funds for any eligible project in a single payment upon the execution of a grant contract between the State and a local government, and to require local government grantees to revert any portion of State funds subsequently reimbursed by federal funding.

Section 10

Modifies SB 553 (Regulatory Reform Act of 2019), subject to that act becoming law, to postpone the effective date of Section 12, which amends GS 159G-23 concerning priority consideration for certain applications for loans and grants from the Wastewater Reserve or Drinking Water Reserve, from July 1, 2019, to November 1, 2019. Effective July 1, 2019.

Section 11

Repeals SL 2019-226 (Emergency Operating Funds for Utilities), which enacted GS 159G-25.5, Emergency expenditure for operating deficits incurred by certain public water systems and wastewater systems, effective October 1, 2019. Provides a savings clause for any rights, obligations, or liabilities of the State or local government arising under SL 2019-226 as it existed prior to repeal. 

Authorizes DEQ to use funds in the Wastewater Reserve or the Drinking Water Reserve to provide grants to the Local Government Commission (Commission) to cover operating deficits, as defined, in an enterprise funds accounting for a public water or wastewater system. Restricts funding availability to instances in which either (1) the Commission has assumed control over the affairs of the public water or wastewater system or of the local government or public authority that owns or operates the public water or wastewater system; or (2) the local government or public authority that owns or operates the public water or wastewater system has had its charter suspended or revoked by local act. Limits funding under the provisions to no more than $1 million in each fiscal year. Requires grant applications to be filed by the Commission on behalf of the local government. Excludes the applications from the provisions of GS 159G-37(b), which requires local governments to certify that grant funds are not used to supplement the resources of the general fund. Sunsets these provisions on the earlier of the date HB 966 (Appropriations Act of 2019) becomes law, or June 30, 2020.

Makes the following changes, subject to SB 553, HB 966, or legislation substantially similar to Section 12.15, Water/Wastewater Public Enterprise Reform, of HB 966, becoming law.

Enacts GS 159G-20(14a), adding operating deficit to the Chapter's defined terms.

Enacts GS 159G-32(d)(6), adding the provision of emergency grants for operating deficits for certain local governments to the permitted uses of grants from the Viable Utility Reserve (Reserve, established under GS 159G-22(h), enacted in HB 966, Section 12.15). 

Enacts GS 159G-34.5(a)(4), adding emergency grants for operating deficits to the types of grants available from the Reserve (GS 159G-34.5 is enacted in HB 966, Section 12.15).

Amends GS 159G-36(d), limiting emergency grants for operating deficits from the Reserve to $750,000 in any fiscal year. Also restricts the award of these grants to no more than three consecutive fiscal years. Makes conforming changes.

Enacts GS 159G-31(e), making the Commission eligible to apply for an emergency grant for an operating deficit from the Reserve on behalf of a local government.

Makes conforming changes to the act's titles.

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