Bill Summary for S 315 (2019-2020)

Summary date: 

Jun 3 2020

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

Conference report #2 makes the following changes to the 10th edition. Note: Conference report #1, adopted by the Senate 10/28/2020, was withdrawn by the Senate on 5/27/2020.

Eliminates the content of previous Sections 1 through 14, modifying the Industrial Hemp Commission and Hemp Program, establishing the NC Hemp Commission and Hemp Program, and requiring a quarterly smokeable hemp study report. Eliminates all coordinating provisions, including civil and criminal penalties, relating to the proposed changes to the hemp program. Makes conforming organizational changes to the remaining content of the act.

Modifies the remaining content of the act as follows.

Section 1

Changes the effective date of proposed GS 62-193, Disposition of certain unused easements. Now applies to easements acquired on or after October 1, 2020 (was, October 1, 2019).

Section 2

Changes the effective date of proposed GS 20-150(e1), establishing right-of-way for left-turning farm equipment. Now applies to offenses committed on or after December 1, 2020 (was, December 1, 2019).

Section 5

Modifies the proposed changes to GS 99E-30 to no longer include shooting sports in the definition of agritourism activity. Makes conforming changes.

Amends the proposed changes to GS 153A-340 to no longer include specified shooting sports in the definition of agritourism with regards to buildings being used for agritourism qualifying as a bona fide farm purpose.

Provides a savings clause for existing agreements and settlements with local governments, previously issued permits and zoning decisions, and any pending or ongoing litigation, notwithstanding the proposed changes to GS 99E-30 and GS 153A-340.

Makes clarifying changes to proposed GS 153A-145.8 and GS 160A-203.2, regarding the regulation of catering on bona fide farms, to prohibit counties and cities from requiring businesses located on a property used for bona fide farm purposes that provides on- and off-site catering services to obtain a permit to do so (previously, provided for the business providing catering services on- and off-site from the bona fide farm property).

Section 9

Amends the proposed change to the sunset provision of the NC Food Innovation Lab Committee set forth in SL 2017-57, providing for a sunset of January 1, 2021, rather than January 1, 2020.

Section 10

Modifies the effective date of proposed GS 139-8.2, concerning confidential information collected by soil and water conservation districts. Now effective October 1, 2020, rather than October 1, 2019.

Section 12

Extends the reporting deadline for the Department of Environmental Quality (DEQ) and the Department of Environmental Resources to report on funding overlaps between specified water resources development grant funding, from September 30, 2019, to September 30, 2020.

Section 14

Extends the reporting deadline for the Agriculture and Forestry Awareness Study Commission's dairy study from May 1, 2020, to December 1, 2021.

Section 15

Adds the following new provisions. Directs that nutrient offset credits must be applied to a wastewater permit by applying the TMDL transport factor to the permitted wastewater discharge and to the nutrient offset credits. Applies only to wastewater discharge permit applications for a local government located in the Neuse River Basin with a customer base of fewer than 15,000 connections. Expires when the permanent rule, as required by the act below, becomes effective.

Directs DEQ to begin the modeling necessary to determine new transport zones and delivery factors for the Neuse River Basin for point source discharges and nutrient offset credits by August 1, 2020 in conjunction with affected parties. Requires the Environmental Management Commission to use DEQ's modeling and other information provided in the public comment period to adopt new transport zones and delivery factors by rule. Allows EMC to adopt temporary implementing rules.

Changes the act's short title.

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