Bill Summary for H 177 (2023-2024)

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Summary date: 

Feb 22 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 177 (Public) Filed Wednesday, February 22, 2023
Intro. by K. Hall, Iler.

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Bill summary

Amends GS 130A-309.204, modifying the reporting requirements of the Department of Environmental Quality (DEQ) to the Environmental Review Commission concerning all activities and programs relating to coal combustion residuals surface impoundments. Now requires annual rather than quarterly reporting, and permits the reports to be combined with the report required to the NCGA in subsection (b), which requires reporting to members who have coal combustion residuals surface impoundments in their districts.

Amends GS 130A-309.05, making technical changes to add descriptors to existing subsections. Revises subsection (c) to deem recovered material not subject to permitting requirements for solid waste (previously, not subject to regulation as solid waste). Now authorizes DEQ to require persons with ownership or control over the material to obtain a beneficial use determination from DEQ as an alternative to DEQ's existing authority to require such persons demonstrate that the material meets the requirements of recovered material under subsection (c). Grants DEQ (was the Environmental Management Commission) authority to adopt implementing rules for subsection (c), and no longer qualifies that this rulemaking authority is for the purpose of protecting public health and the environment. No longer specifies that materials accumulated speculatively are subject to regulation as solid waste; maintains that such materials are not recovered material. Enacts a new subsection (d), authorizing DEQ to determine whether nonhazardous solid waste can be used or reused for a particular site or application alternatively to disposal at a permitted facility, pursuant to stated purposes, including reduction of greenhouse emissions. Provides for an application and review process for a beneficial use determination from DEQ, valid for up to five years. Upon review of an application, allows DEQ to either authorize management of a specified type of nonhazardous solid waste at a site other than a permitted facility, or issue a beneficial use determination with appropriate conditions for use. Requires DEQ to consider internal research or information submitted by any person or entity concerning the potential hazards of any type of solid waste when reviewing applications and additional information. Allows DEQ to require submittal of a demonstration that the solid waste is being safely managed, and as part of any authorization, require periodic testing of solid wastes or other conditions that ensure the product or by-products recovered or diverted for beneficial use are not discharged, deposited, or otherwise placed into or upon land or water whereby their constituents enter the environment or pose a threat to public health and safety. Requires applicants to annually report to DEQ on the material's use and compliance with state law. Grants DEQ authority to suspend, revoke, or modify any authorization due to noncompliance or discovery of new information related to public health or environmental safety. Requires DEQ to provide notice on its website of approved beneficial use determinations. Excludes facilities that manage source-separated materials for recycling from new subsection (d)'s requirements. Authorizes DEQ to adopt implementing rules and establish application fees for a reuse determination. Details further requirements related to establishing fees. Effective October 1, 2023.

Enacts GS 159G-22(g1), establishing the Local Assistance for Stormwater Infrastructure Investments (LASII) Fund (established in Section 12.14, SL 2021-180, the 2021 Appropriations Act) as an account within the Water Infrastructure Fund with a purpose of providing grants to eligible entities for described stormwater improvement projects. Defines eligible entity as a city or county that documents a stormwater quality or quantity issue as specified by DEQ, and demonstrates a significant hardship is raising the necessary revenue to finance stormwater management activities based on specified population data. Specifies that a regional council of government and nonprofits qualify as eligible entities if the council or nonprofit partners with a city or county. Effective October 1, 2023.

Amends GS 159G-36(d) to no longer limit awards from the Viable Utility Reserve to local governments made under GS 159-32(d)(6) as emergency grants for operating deficits to no more than three consecutive fiscal years. Effective July 1, 2023.

Amends Section 12.9(e), SL 2022-74, which provides for allocations of funds appropriated to DEQ for the Water Infrastructure Fund, as follows. More specifically requires $1 million be allocated to Harnett Regional Water to construct water or sewer lines inside the Town of Erwin (was, allocated to the Town without specifications). Removes the apportionment previously specified for the $8 million allocated to the Town of Walnut Cove.

Effective July 1, 2023, repeals GS 143-214.7B, which grants rulemaking authority to the Environmental Management Commission to establish a fast-track permitting process that allows for the issuance of stormwater management system permits without a technical review when the permit applicant complies with DEQ's Minimum Design Criteria for stormwater management and submits a permit application prepared by a qualified professional.

Amends GS 126-53, which allows intergovernmental employee interchanges of up to two years, to allow for an extension of an interchange for an additional two years if the sending and receiving agencies agree.