Bill Summary for S 105 (2019-2020)

Summary date: 

Jun 23 2020

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 105 (Public) Filed Thursday, February 21, 2019
AN ACT TO CLARIFY THE EXPIRATION OF A STATE OF EMERGENCY AND THE EXERCISE OF CERTAIN POWERS UNDER A STATE OF EMERGENCY AND TO CLARIFY THE ABATEMENT OF STATEWIDE IMMINENT HAZARDS.
Intro. by J. Jackson, J. Davis, Britt.

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Bill summary

House committee substitute makes the following changes to the 3rd edition. Deletes the content of the 3rd edition and replaces it with the following.

Amends GS 166A-19.20 to provide for the expiration of a gubernatorially or legislatively declared statewide state of emergency upon the earlier of the date the declaration is rescinded or 30 days after the declaration (current law provides for expiration upon rescission only for both statewide and non-statewide declarations). Adds new subsection (e) to allow for an extension of a statewide declaration upon concurrence of the Council of State.

Amends GS 166A-19.3 to define concurrence of the Council of State to mean the Governor making contacts with each member, documenting the contact and response of each member, and releasing member responses prior to or simultaneously with exercising GS Chapter 166A authority. Also defines statewide emergency area to mean any emergency area applicable to two-thirds or more of the counties in the state.

Amends GS 166A-19.30 to condition the additional powers of the Governor in the event of insufficient local control of a gubernatorially or legislatively declared state of emergency to assure adequate protection for lives and property, upon concurrence of the Council of State.

Amends GS 130A-20, which provides authority for the Secretary of Health and Human Services (Secretary), Secretary of Environmental Quality, and local health directors to order abatement of an imminent hazard; enter upon property and take abatement action upon noncompliance after notice; and take a lien on the property for cost of abatement. Separates the authority of the Secretaries from the local health directors. Clarifies that the authority of local health directors applies to specific properties.

Adds new subsection (c) to grant the Secretary the authority to determine that a class or category of property uses presents an imminent hazard and to order persons in control of that type of class or category of property uses to abate the imminent hazard upon notification to the Governor and the Governor's receipt of concurrence of the Council of State. Explicitly prohibits any action to close a category or class of properties without a concurrence of the Council of State. Allows the Secretary to enter the property and take necessary abatement actions for noncompliance with the order after notice or a reasonable attempt to notify the persons in control of a specific property. Deems the Secretary of Environmental Quality to share the rights set out in new subsection (c) to enforce the waste management and drinking water regulations of Articles 9 and 10. Aligns the defined terms concurrence of Council of State, and statewide, with the new terms set out in GS 166A-19.3, as amended. 

Makes conforming changes to the act's titles.

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