Bill Summary for H 219 (2021)

Summary date: 

Jun 1 2022

Bill Information:

View NCGA Bill Details2021
House Bill 219 (Public) Filed Wednesday, March 3, 2021
AN ACT TO MAKE VARIOUS CHANGES TO THE ENVIRONMENTAL LAWS OF THE STATE.
Intro. by Arp, Paré, Szoka, Watford.

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Bill summary

Senate committee substitute replaces the content of the 2nd edition with the following. 

Section 1

Requires directed infrastructure grant recipients, defined as any entity receiving a direct allocation of funds from the State Fiscal Recovery Fund under the 2021 Appropriations Act, SL 2021-180, Sections 12.13(d), 12.13(e), 12.13(f), or 12.14(b), all of which provide allocations to identified local governments and public entities for water and wastewater infrastructure projects or stormwater projects, to provide a complete Request for Funding form with a project budget describing a project that is eligible for funding under applicable federal and state law by June 30, 2023. Requires directed allocations to fully revert on July 1, 2023, and be reallocated as prescribed by the application reversion provision if the directed infrastructure grant recipient failed to provide a form by the deadline or provides a form describing a project ineligible for funding.

Identifies the applicable reversion provision of directed allocations for water and sewer projects under Section 12.13(d), (e), or (f) as Section 12.13(c), SL 2021-180, which requires funds to revert to the Department of Environmental Quality (DEQ) for other water and sewer infrastructure projects, and the applicable reversion provisions of directed allocations for stormwater projects under Section 12.14(b), as Section 12.14(i), SL 2021-180, which requires funds to be returned to DEQ to be granted to other eligible entities. Provides for partial reversion of amounts in excess of the projected budget submitted by the directed infrastructure grant recipient by June 30, 2023, with reversion on July 1, 2023, for amounts to be reallocated as specified by the applicable reversion provision.

Section 2

Amends Section 40.7, SL 2021-180, expanding the authorized uses of funds transferred from the State Capital and Infrastructure Fund to DEQ for stream debris removal, to include other flood mitigation strategies prioritized through the Flood Resiliency Blueprint developed as prescribed by Section 5.9(c) of that act. 

Repeals Section 40.7(b), SL 2021-180, which (1) exempts stream debris removal projects funded under Section 40.7 from the requirements of Articles 1, 4, and 7 of GS Chapter 113 (which establishes powers and duties of DEQ, provides for protection of forests and fire control, and the State's game laws), as well as requirements for stormwater or water quality permits under Article 21 of GS Chapter 143 (which regulates water and air resources) and (2) directs DEQ to waive any right of certification under section 401 of the federal Clean Water Act with respect to projects funded by SL 2021-180. 

Applies retroactively to July 1, 2021.

Section 3

Corrects a cross-reference to a subdivision of Section 5.9(a), SL 2021-180, referenced in Section 5.9(c), SL 2021-180, relating to funds allocated to DEQ's Division of Mitigation Services to contract with an organization to develop a statewide Flood Resiliency Blueprint for major watersheds impacted by flooding (previously referenced Section 5.9(a)(1), which allocated funds to the State Match Fund). Applies retroactively to July 1, 2021.

Section 4

Repeals Section 13.16 of the 2010 Appropriations Act, SL 2010-31, which (1) directs DEQ's Division of Marine Fisheries to use mechanics employed by the Division of Forest Resources in performing aircraft maintenance for all aircraft of the Division of Marine Fisheries, except when impracticable; (2) directs the Division of Forest Resources to perform aircraft maintenance using its mechanics for all aircraft of the Division of Marine Fisheries, except when impracticable; and (3) directs the Division of Forest Resources to develop a process to establish priorities for the aviation maintenance needs of all the aircraft in both the Division of Forest Resources and the Division of Marine Fisheries.

Section 5

Amends GS 113A-110, which authorizes counties, through their designated bodies, to adopt coastal area management land-use plans pursuant to the procedures required by the statute. Regarding the required public hearing prior to a body adopting or amending a land-use plan, requires notice of the hearing to be published at least one time, at least 10 but no more than 25 days before the date scheduled for the hearing, with the day of publication not included and the day of the hearing included in computing the notice period (replaces the current 30-day notice requirement). Requires publication at least once in a newspaper of general circulation in the area (was, the county). Requires copies of the proposed plan or amendment to be available for public inspection at a designated county or local government office (was, designated office in the county courthouse). 

Section 6

Directs DEQ to convene a stakeholder working group by July 1, 2022, to develop an approach to expedite permit issuance under the express permit and certification review set out in GS 143B-279.13, and the fast-track permitting for stormwater management systems program set out in GS 143-214.7B and 15A NCAC 02H .1043 and .1044. Prescribes membership of the working group. Directs DEQ to report to the specified NCGA committee by December 31, 2022. 

Changes the act's titles. 

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