Bill Summary for H 308 (2019-2020)

Summary date: 

Jun 25 2020

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 308 (Public) Filed Thursday, March 7, 2019
AN ACT TO PROVIDE FURTHER REGULATORY RELIEF TO THE CITIZENS OF NORTH CAROLINA.
Intro. by Dixon, Strickland, Barnes, Conrad.

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Bill summary

Conference report makes the following changes to the 5th edition.

Section 8

Amends Section 11.8 of SL 2016-94 by prohibiting funds appropriated by the NCGA for use by the NC Policy Collaboratory from begin used for indirect overhead costs (was, institutions receiving research funding from the Collaboratory were prohibited from charging for indirect overhead costs against any research funds received by the Collaboratory).

Adds the following new provisions.

Section 10

Changes the annual reporting deadline for permitted mine reclamation operators under GS 74-55, from July 1 to September 1. Clarifies that the annual operating fee is also due September 1. Makes conforming changes.

Section 11

Changes the annual reporting deadline for the Department of Environmental Quality (DEQ) to report on the status of solid waste management efforts, as set out in GS 130A-309.06, from January 15 to April 15. Adds to the report's required content the use of funds for Superfund cleanups and inactive hazardous site cleanups. Changes the date by which DEQ must annually report to legislators on solid waste management pursuant to GS 130A-310.10 from October 1 to April 15. Makes conforming changes to specified GS Chapter 130A statutes and Section 15.6 of SL 1999-237. 

Amends Section 14.22 of SL 2013-360 to require DEQ to include the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources among those to whom it reports regarding use of funds provided to the US Army Corps of Engineers under the Long Term Dredging Memorandum of Agreement. No longer includes reporting to the Joint Legislative Commission on Governmental Operations.

Section 12

Amends GS 130A-4 to require the Secretary of Environmental Quality to enforce the rules adopted by the Environmental Management Commission pursuant to Articles 9 and 10, concerning solid waste management and drinking water, in addition to those adopted by the Public Health Commission.

Amends GS 130A-22 to require the Environmental Management Commission to adopt rules concerning the imposition of administrative penalties that are under the authority of the Secretary of Environmental Quality.

Section 13

Corrects a statutory reference in GS 130A-295.6, regarding sanitary landfills.

Section 14

Changes the annual reporting requirement of the Roanoke River Basin Bi-State Commission under GS 77-98 to include the annual audit required by GS 77-96. Makes conforming changes to GS 77-96 to align the reporting deadline with that of GS 77-98. Changes the entities reported to now include the specified NCGA committee and division and as provided by the Commonwealth of VA.

Changes the annual reporting requirement of the River Basins Advisory Commission under GS 77-117 to include the annual audit required by GS 77-115. Makes conforming changes to GS 77-115 to align the reporting deadline with that of GS 77-117. Changes the entities reported to to now include the specified NCGA committee and division and as provided by South Carolina.

Section 15

Amends GS 143-215.1 to expand the powers of the Environmental Management Commission to include issuing permits, certification, authorizations, or other approvals by electronic delivery, registered or certified mail, or any other means authorized by Rule 4 of the NC Rules of Civil Procedure.

Section 16

Expands GS 136-27.1 to include organized private water or sewer utilities serving 10,000 or fewer customers to those entitled to nonbetterment costs from the Department of Transportation for the relocation of water and sewer lines for a State transportation improvement project. Effective March 1, 2020, and applies to nonbetterment costs incurred on or after that date. Directs the Department to reimburse such costs incurred by qualifying organized private or sewer utilities after March 1, 2020.

Section 17

Directs the Environmental Management Commission to implement the UST Spill Bucket General Requirement Rule (15A NCAC 02N .0901) to allow spill buckets replaced on tanks prior to November 1, 2007, to use mechanical liquid detecting sensors for leak detection so long as specified regulations and statutory requirements are met. Requires the Commission to adopt a permanent rule consistent with this directive. Applies to spill buckets replaced on or after August 1, 2020.

Section 18

Stays the following rules adopted by the Building Code Council on March 10, 2020: 1102.7 (2018 NC Plumbing Code/Fittings), 1102.2 (2018 NC Plumbing Code/Inside Storm Drainage Conductors), 702.4 (2018 NC Plumbing Code/Fittings), and 702.1 (2018 NC Plumbing Code/Above-Ground Sanitary Drainage and Vent Pipe).

Section 19

Amends GS 143B-68 to allow a dean, department chair, program director, or equivalent of a State or regionally accredited graduate school of librarianship in North Carolina to serve on the Public Librarian Certification Commission (was, limited to the dean).

Amends GS 143B-91 to allow, rather than mandate, advisory committees established by the Public Librarian Certification Commission to advise the Secretary of Natural and Cultural Resources, the Commission, and the State Librarian. No longer refers to standing committees. Requires committees to have at leastmfour persons appointed by the committee chair, rather than at least six persons appointed by the Secretary of Natural and Cultural Resources.

Repeals GS 125-11.13, which requires certain governmental publications to be printed on acid-free paper.

Section 20 

Amends GS 160D-903, regarding bona fide farms exempt from local zoning regulations. Current law classifies a building or structure used for agritourism as a bona fide farm if certain requirements are met. Amends the definition provided for agritourism to include farms and ranches that allow member hunting, fishing, and equestrian activities. Corrects a statutory cross-reference. 

Section 21

Amends GS 153A-145.8 and GS 160A-203.2 to reference the definitions set forth in GS 160D-903, as amended. 

Section 22

Amends GS 113-333 to require the Wildlife Resources Commission (Commission) to develop a conservation plan for the recovery of protected wild animal species as expeditiously as possible (was, using the procedures set out in Article 2A of GS Chapter 150B). Requires the draft plan to be published on the Commission's website and requires the consideration of public comment in developing and updating the species conservation plans. Removes the requirements that the conservation plan include an analysis that considers (1) the costs of measures to protect and restore the species and the impact of those measures on the local economy, units of local government, and the use and development of private property; and (2) reasonably available options for minimizing the cost and adverse economic impacts of measures to protect and restore the species.

Amends GS 113-336 to give the North Carolina Nongame Wildlife Advisory Committee the power to assist the Commission in developing conservation plans for the recovery of protected wild animal species.

Section 23

Amends GS 78A-45 and GS 78C-26 to establish state policy rendering an investor's financial information confidential and unavailable for inspection or examination by the public.

Amends GS 78A-50 and GS 78C-31 to specify that any records obtained by the Securities Administrator (Administrator) in connection with specified examinations, investigations, or actions, are not public record, unless the Administrator discloses for purposes of a civil, administrative, or criminal investigation, action, or proceeding or to a securities regulator, or local governmental law enforcement agency, to effectuate greater uniformity in securities matters. Adds that records voluntarily provided, but not required, to the Administrator on condition of nondisclosure are not public record. 

Section 24

Amends GS 97-133 to deem an individual self-insurer and a group self-insurer a member of the Association Aggregate Security System upon licensure, and require payment of the initial assessment over a determined period.

Section 25

Amends GS 116-40.5 to allow teaching hospitals with an established a campus law enforcement agency to assign its campus police officers to any other facility within the teaching hospital's system network, with officers having the same authority and jurisdiction of the assigned facility, but not upon any public road or highway passing through or immediately adjoining the facility.

Section 26

Amends GS 14-258.1 to allow local confinement facilities to provide inmates with and for inmates to possess mobile phones or other wireless communications devices, subject to approval by the sheriff or other person in charge of the facility. Applies to offenses committed on or after August 1, 2020. Provides that prosecutions for offenses committed before the effective date are not abated or affected by this section, and the statutes that would be applicable but for this section remain applicable to those prosecutions.

Section 27

Amends GS 10B-10, GS 10B-25, and GS 10B-200, as amended by SL 2020-3, extending the sunset from August 1, 2020, to March 1, 2021, regarding the authorized delay in newly commissioned notaries' requirement to take the oath of office before the register of deeds, authorizing remote video notarization, and regulating remote video witnessing.

Section 28

Amends GS 83A-13 to exempt from architectural license for the preparation, sale, or furnishing of plans, specifications, and related data, or for the supervision of construction under such, of an institutional or commercial building that does not have a total value exceeding $200,000 (was, $90,000) or the total building area does not exceed 3,000 (was, 2,500) square feet in gross floor area. Makes changes to exempt from the requirement for a professional architectural seal a commercial building project with a total value less than $200,000 and a total project area less than 3,000 square feet.

Section 29

Amends GS 83A-2, making technical changes regarding the member appointments to the NC Board of Architecture (Board) to delete obsolete language. Additionally, requires public notice of the Board's annual meeting to be published for at least two weeks on the Board's website, rather than published at least once each week for two weeks in one or more newspapers in general circulation in the state.

Amends GS 83A-5 to require the Board to maintain and publish a roster of all architects and architectural firms holding current licenses from the Board, with copies filed with the Secretary of State and the Attorney General only (was, published at least once a year with copies also filed with other applicable State or local agencies and upon request, distributed or sold to the public). Now authorizes the Board to make the roster available on the Board's website.

Amends GS 83A-7. Modifies the qualifications for application for examination (rather than qualifications for registration) as a duly licensed architect, now requiring practical training and experience as specified by Board rules (previously, specified at least three years of such experience), and the successful completion of an accredited master or bachelor degree in architecture as specified by Board rules (previously, generally required professional education). Maintains the requirement for successful completion of a licensure examination in architecture. Concerning licensing by reciprocity, requires an individual to hold a certified record (was, a certificate of qualification) issued by the National Council of Architectural Registration Board (NCARB) in addition to holding a current architect license from another state or territory. Specifies that the Board's authority to waive the NCARB certified record requirement is in the Board's discretion. 

Amends GS 83A-11 to specify that license renewal applications be transmitted, rather than mailed, as previously specified.

Section 30

Amends GS 117-28.1(a), authorizing easements owned or used by electric membership corporations to be used to supply high-speed broadband in addition to electricification. Specifies that the subsection does not have any affect on any obligation of the corporation or its wholly owned subsidiary to comply with any applicable requirements related to notice, safety, or permitting when constructing or maintaining lines or broadband fiber on, over, under, or across property owned or operated by a railroad company. 

Section 31

Amends GS 160D-1106, regarding city approval of component and element design proposals, to clarify that the requirement for the submission to be completed under the valid seal of a licensed architect or licensed professional engineer only applies when required by the State Building Code. 

Amends the act's titles.

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