Bill Summary for H 911 (2021-2022)

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Summary date: 

May 10 2021

Bill Information:

View NCGA Bill Details2021
House Bill 911 (Public) Filed Monday, May 10, 2021
Intro. by Riddell, Bradford, Moffitt, Yarborough.

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Bill summary

Section 1

Requires the Building Code Council (Council) to implement Section D107 of the 2018 NC Fire Code and other provisions related to fire apparatus access roads for one- and two-family dwelling residential developments as follows. Directs the Council and Code enforcement official to not require an automatic sprinkler system in one- or two-family dwellings where there are fewer than 100 dwelling units on a single public or private fire apparatus access road with access from one direction. Requires the Council to adopt amendments consistent with this directive, as specified. 

Section 2

Amends GS 160D-1207(c) to prohibit local governments from adopting or enforcing any ordinance that would require any owner or manager of rental property to obtain any permit or permission from the local government to lease rental residential real property or to register rental property with the local government, with stated exceptions (was, limited to prohibiting permits or permissions under Articles 11 or 12 of the Chapter).

Section 3

Amends GS 115C-270.20(a)(5), expanding the criteria of a residency teaching license (RL) to require the governing body of a public school unit to request the RL, in addition to having other specified criteria met (previously limited to requests by the local board of education).

Section 4

Amends GS 115C-218.45 regarding enrollment priority for charter school admissions to include grandchildren of the charter school's board of directors in addition to the children of board members and children of employees or those working full time in the daily operation of the school, capped at 15% of the school's total enrollment unless waived by the State Board of Education (State Board).

Section 5

Enacts subsection (g) to GS 115C-218.5 to entitle charter schools to automatically extend any deadline to begin operations or commence the term of its charter until the next school year upon notification to the State Board by June 30 that it is seeking land use or development approvals for its selected site or facilities, or if it is challenging the denial of any requested land use or development approvals. Tolls the term of the charter issued during the period of any extension(s) issued under subsection (g).

Section 6

Amends GS 62-110(g) to more specifically authorize the Industrial Commission to adopt procedures that allow a lessor of a single-family dwelling, residential building, or multiunit apartment complex (previously more generally to allow a lessor) to charge the costs of providing water or sewer service to persons who occupy the leased premises. Adds new subdivision (1c) to allow the lessor to equally divide the amount of the water and sewer bill for a unit among all the lessees in the unit and to send one bill to each lessee, with billing prorated based on lease period. Allows for each bill to include an administrative fee of up to the amount of the then-current administrative fee authorized by the Industrial Commission in Rule 18-6 for water service, and a late fee as determined by the Commission if applicable. Prohibits charging the cost of water and sewer from any other unit or common area in the lessee's bill. Effective October 1, 2021.

Section 7

Amends GS 130A-343, enacting new subsection (j2) to allow manufacturers to petition the Commission for Public Health (Commission) to have a wastewater trench system approved as a trench dispersal system specifically identified in a rule adopted by the Commission as provided. Defines trench dispersal systems specifically identified in rule as any trench dispersal system that (i) has been demonstrated to perform in a manner equal or superior to a trench dispersal system specifically identified in a rule adopted by the Commission; (ii) is constructed of materials whose physical and chemical properties provide the strength, durability, and chemical resistance to allow the system to withstand loads and conditions as required by rules adopted by the Commission; and (iii) has been approved by the Commission as a trench dispersal system specifically identified in a rule adopted by the Commission.

Requires the Commission to issue a limited approval for the installation of up to 1,000 wastewater trench systems as a trench dispersal system specifically identified in a rule adopted by the Commission when five conditions are met regarding dimensional requirements, installation, physical property, chemical durability, structural integrity, and functional design. 

Requires the Commission to approve the wastewater trench system from limited use to general use, allowing an unlimited number of installations, when the manufacturer provides specified information to the Commission, including (1) a survey of system hydraulic performance on at least 30 randomly selected systems currently in use and in operation for at least 12 months, as specified; and (2) a survey of system wastewater treatment efficacy for a system proposed for approval as a prefabricated, permeable block panel system, as specified. Requires the surveys to be conducted by an independent third-party professional engineer or licensed soil scientist, with reporting to the Commission as specified.

Requires Commission approval of a wastewater trench system as a trench dispersal system specifically identified in a rule adopted by the Commission to identify the approved system using a name assigned in an adopted rule. Prohibits the Commission, the Department of Health and Human Services, or a local health department from conditioning, delaying, or denying permitting of such system identified on a permit issued by a permitting authority. Prohibits the Commission from including conditions and limitations in the approval of a wastewater trench system as a trench dispersal system specifically identified in a rule adopted by the Commission that are not described in the applicable rule.

Section 8

Authorizes Tabor City to participate in State and federal railroad revitalization programs necessary to ensure continued or improved rail service to the city as authorized by GS Chapter 136. Further authorizes the City to contract with the Department of Transportation to provide for the nonfederal matching funds for such programs, which can be comprised of State funds distributed under GS 136-44.38, or city funds. Authorizes the City to level local property tax for such programs subject to the rate cap in GS 160A-209(d). Prohibits using more than 10% city funding for any project. Expires December 31, 2026.

Section 9

Provides that the act becomes effective on the date the act becomes law, unless otherwise provided.