Bill Summary for H 911 (2021-2022)

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Summary date: 

May 24 2022

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

Senate committee substitute to the 4th edition makes the following changes.

Eliminates the following content: directives relating to the implementation of the North Carolina Fire Code relating to automatic sprinkler systems in one- or two- family dwellings, proposed amendments to GS 160D-1207 regarding permit requirements for residential leases or rentals, proposed amendments to GS 115C-218.45 to create enrollment priority for grandchildren of a charter school's board of directors; proposed amendments to GS 62-110 to allow a lessor to divide the amount of utilities bills among lessees, proposed authority for Tabor City to participate in State and federal railroad revitalizations programs, proposed changes to GS 90-624 to exempt certified reflexologist and certain reflexology students from licensing oversight by the NC Board of Massage and Bodywork Therapy, and the proposed creation of the House Select Committee on Developmental Permitting and Fees.

Reorganizes remaining content. Amends and adds to remaining content as follows.

Section 3

Makes technical changes to proposed GS 130A-55, which grants sanitary district boards authority to operate parks and recreation programs and facilities.

Section 6

Changes the effective date of the proposed changes to GS 130A-131.7 and GS 130A-131.9C regarding lead dust standards, from December 1, 2021, to December 1, 2022.

Section 7

Revises the proposed changes to GS 132-1.7 that exempts certain security plans, documents, practices, and designs from public records law. Now broadly exempts sensitive public security information, defined to include the five previously described categories of information. No longer includes in the fifth category of sensitive public security information the specific engineering, vulnerability, or detailed design information about proposed or existing critical infrastructure for the transmission or distribution of water.

Amends GS 130A-304 to deem confidential any sensitive public security information, as defined by GS 132-1.7 as amended, received or prepared by the Department of Health and Human Services (DHHS) in the course of carrying out its duties and responsibilities related to solid waste management. 

Amends GS 143-215.3C to deem confidential information obtained by the Environmental Management Commission relating to water and air pollution and hazardous substance control that would divulge sensitive public security information, as defined by GS 132-1.7 as amended, if made public. 

Eliminates the directive requiring the Joint Legislative Commission on Governmental Operations to conduct a study to evaluate existing public records laws concerning vulnerabilities that may exist with respect to public utilities, critical infrastructure, and cybersecurity.

Adds the following new content.

Section 8

Amends GS 130A-335(a2), which requires permitting authorities to approve evaluations conducted by a licensed soil scientist or geologist to produce design and construction features for a new wastewater system or repair project for an existing wastewater system if two criteria are met. Adds permitting authorities under GS 130A-336.2, alternative wastewater system approvals for nonengineered systems, to the scope of the subsection's requirements. Adds to the prerequisite criteria to require the evaluation of design features and constructions features satisfy statutory wastewater system requirements under Article 11 of the Chapter. Extends the liability immunity provided to DHHS, its authorized agents, and the local health department for claims arising out of or contributed to conditions and features for which a signed written evaluation submitted, to include claims arising out of or attributed to design features or construction features. Applies to evaluations conducted by a licensed soil scientist pursuant to the statute on or after the date the act becomes law.

Section 9

Amends GS 143-139.1, which requires State Building Code certified buildings, structures, or components manufactured off the site on which they are to be erected to display such approval on labels or seals. Limits the certified label and seal requirements to single-family, on-frame modular homes (was, single-family modular homes).

Section 10

Amends Section 2.9, SL 2019-111, to extend the date by which a municipality with a population of 1,500 or less must adopt a comprehensive land use plan from July 1, 2022, to July 1, 2023. 

Section 11

Amends Section 15, SL 2020-18, which requires nutrient offset credits to be applied to a wastewater permit by applying the total maximum daily load (TMDL) transport factor to the permitted wastewater discharge and to the nutrient offset credits, applicable only to wastewater discharge permit applications for located governments located in the Neuse River Basin with a customer base of fewer than 15,000 connections. Revises the directive's scope to instead apply to any wastewater discharge permit application for a located government located in the Neuse River Basin.

Changes the act's titles.