Bill Summary for S 582 (2023-2024)

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Summary date: 

Apr 25 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 582 (Public) Filed Tuesday, April 4, 2023
AN ACT TO MAKE VARIOUS CHANGES TO THE AGRICULTURAL AND WASTEWATER LAWS OF THIS STATE.
Intro. by Jackson, Sanderson, B. Newton.

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Bill summary

Senate committee substitute to the 2nd edition makes the following changes.

Deletes proposed amendment to GS 106-581.1(8), which would have defined facilities engaged in certain types of practices related to turkey brood litter as agriculture.  Instead, amends GS 160D-903(a) (concerning agricultural uses of land) to specify that under that statute a facility that receives used turkey brooder litter from brooder farms and recycles the used litter by means of a drying process to reduce the moisture content of the litter sufficient to send the recycled litter to a turkey grow-out farm for reuse is a bona fide farm purpose.

Makes technical change to GS 106-2.

Specifies that changes to GS 106-164.13E (certain sales and use tax exemptions for farmers for compost) are effective October 1, 2023.

Amends GS 105-581.1(2) (the planting and production of trees in the definition of agriculture for purposes of agricultural development) to include pine orchards planted and maintained for the purpose of harvesting pine needles for sale, or the harvesting of pine needles for sale from land with a forest management plan. 

Narrows the scope of the Animal Welfare Act (GS 19A-37) to also exclude a boarding kennel operating under the supervision of a veterinarian licensed under State law. Adds defined term boarding kennel to the Animal Welfare Act’s definitions and makes technical changes. Amends GS 90-186(2), pertaining to the special powers of the Board of Veterinary Medicine (BVM) to allow it to inspect any boarding kennels for violations pertaining to the operation of a boarding kennel, in addition to other special inspections authorized. Allows the BVM to issue a boarding kennel permit in the amount of $75. Clarifies that Article 11 to GS Chapter 90 (licensure of veterinarians) should not be construed to prohibit any person licensed to operate a boarding kennel under State law from doing so. Requires the BVM to adopt rules to establish minimum standards for boarding kennels operating under the supervision of a veterinarian no later than July 1, 2024. Requires the standards to be at least as stringent as those adopted by the Board of Agriculture for boarding kennels under the Animal Welfare Act. Effective 60 days after the rules described above become effective.

Amends GS 143-215.6A (enforcement procedures pertaining to water and air resources) to specify that a civil penalty issued by the Secretary of Environmental Quality for the removal of timber in a riparian buffer in violation of rules applicable to that riparian buffer cannot exceed the value of the timber removed from the riparian buffer. Effective July 1, 2023, and applies to acts committed on or after that date.

Amends the requirements for implementation of 15A NCAC 18E .0905, the Prefabricated Permeable Block Panel Systems Rule, as follows. Deletes the caps to the long term acceptance rate for prefabricated permeable block panel systems at 0.8 gallons per day per square foot and the authorization to use prefabricated permeable block panel systems in high strength wastewater systems or other system designs. Deletes prohibitions on using prefabricated permeable block panel systems where effluent contains high amounts of grease and oil, such as a restaurant. 

Amends GS 130A-343(h), regarding designation of an Innovative wastewater dispersal system or other approved trench dispersal system as an Accepted wastewater system, to prohibit the Commission for Public Health from including more restrictive conditions and limitations established in the approval of a wastewater system as Accepted that are not included in the approval of the wastewater system as an Innovative wastewater dispersal system or otherwise approved by rule (prior version did not allow for approval by rule).

Makes organizational changes.