House committee substitute to the 1st edition makes the following changes.

Part I.

Section 1.

Amends GS 19A-32.1 to specify that healthy cats impounded at an animal shelter (was, just shelter) without discernable indication of ownership may be ear-tipped, sterilized, and vaccinated and returned to the place where trapped. Places the following nine new conditions that must be satisfied for the minimum holding requirement for these cats to be waived: (1) the trapping of the cat was conducted in accordance with rules adopted by the Board of Agriculture (Board); (2) when the cat is trapped on private property, the owner of the property where the cat was trapped provides dated, written permission for the animal shelter to trap the cat on the owner's property; (3) the treating veterinarian determines that the cat is healthy enough to undergo the sterilization, microchipping, vaccinations, and other surgeries or procedures required by this subsection or the treating veterinarian; (4) the cat is microchipped by a licensed veterinarian. The microchip must be registered with the name and identification number of the animal shelter that impounded the cat; (5) the sterilization of the cat is conducted by the treating veterinarian; (6) the rabies vaccine is administered by a person authorized to do so pursuant to GS 130A-185; (7) the animal shelter creates a photographic record of the cat, retains that record for a period of at least three years, and makes the record available upon request; (8) before the cat may be released by the animal shelter, the treating veterinarian examines the cat and makes the determination that releasing the cat will not pose an immediate health risk to the cat or the public; and (9) when the cat is released onto private property, the owner of the property where the cat was released provides dated, written permission for the animal shelter to release the cat on the owner's property. Makes technical changes. Makes conforming changes to GS 130A-192 to account for nine factors. 

Amends GS 19A-65 (animal shelter’s annual report to the Department of Agriculture and Consumer Services [DACS]) to require animal shelters also report the number of animals transferred to other animal welfare organizations.

Makes technical change to GS 130A-190.  Amends the reporting requirements of GS 19A-192(a3) to also require that the Animal Control Office maintain records of the location where any cat was trapped and released.

Requires the Board to adopt temporary rules to implement the amendments to GS 19A-32.1, 19A-65, 19A-190, and 19A-192 and permanent rules to replace the temporary rules. Specifies that the temporary rules adopted will remain in effect until permanent rules that replace the temporary rules become effective.

Changes the effective date from October 1, 2023, to 60 days after the Board’s temporary rules become effective.

Section 2.

Amends GS 143-214.7 to allow state or local stormwater programs to allow development within the area that would otherwise be required to be placed within a vegetative buffer if the stormwater runoff from the built-upon area of the vegetative buffer (was, from the entire impervious area of the development) is collected, treated, and discharged so that it passes through a segment of the vegetated buffer managed so it otherwise complies with applicable state and federal stormwater management requirements.

Section 3.

Amends GS 143-214.7, concerning stormwater regulations for redevelopment irrespective of whether the impervious surface that existed before the redevelopment is to be demolished or relocated during the development activity (was, just during redevelopment), to allow a property owner to exceed the otherwise applicable density limits under the applicable water supply watershed rules by treating the increase in stormwater that results from the net increase in the built upon areas (was, the property owner may voluntarily decide to treat all stormwater from preexisting development or redevelopment activities for the purpose of exceeding allowable density under the applicable water supply watershed rules).

Section 4.

Requires the Environmental Management Commission (EMC) to implement the Post-Construction Stormwater Rule (meaning 15A NCAC 02H .1001 [Post-Construction Stormwater Management: Purpose and Scope]) to exempt linear transportation projects undertaken by an entity other than the NC Department of Transportation (DOT), that are part of a common plan of development from the Post-Construction Stormwater Rule. Requires the EMC to adopt a rule to amend the Post-Construction Stormwater Rule so it is consistent with this provision. Expires when the permanent rule becomes effective.

Section 5.

Requires the EMC to implement the Water Supply Watershed Project Density Rule (meaning 15A NCAC 02B .0624, Water Supply Watershed Protection Program: Nonpoint Source and Stormwater Pollution Control) to allow Iredell County and the Town of Mooresville to regulate new development outside of WS-I watersheds and the critical areas of WS-II, WS-III, and WS-IV watersheds in accordance with the following requirement: a maximum of 20% of the land area of a water supply watershed outside of the critical area and within the local government's planning jurisdiction may be developed with new development projects and expansions of existing development of up to 70% built-upon area. Requires the EMC to adopt a rule to amend the Water Supply Watershed Project Density Rule so it is consistent with this provision. Expires when the permanent rule becomes effective.

Section 6.

Defines three terms, including the Neuse River Basin Riparian Buffer Rules (which means the provisions of Sections .0200, .0600, and .0700 of Subchapter 02B of Title 15A of the North Carolina Administrative Code that apply to the Neuse River Basin). Requires the EMC to implement the Neuse River Basin Riparian Buffer Rules as follows.  Specifies that the term airport facilities as defined in 15A NCAC 02B .0610 and 15A 8 NCAC 02B .0267 must: (1) include all areas used or suitable for use as borrow areas, staging areas, or other similar areas of the airport used or suitable for use directly or indirectly in connection with the construction, dismantling, modification or similar action pertaining to any of the properties, facilities, buildings, or structures set forth in sub-subdivisions (a) through (q) of subdivision (1) of those rules and (2) the term as amended by the act must apply to all Neuse River Basin Riparian Buffer Rules. Specifies that no Authorization Certificate under 15A NCAC 02B .0611(b) will be required for any work in connection with an Airport Impacted Property, but such work will be required to provide for mitigation in conformance with applicable Neuse River Basin Riparian Buffer Rules. Requires the EMC to adopt a rule to amend the Neuse River Basin Riparian Buffer Rules so they are consistent with this provision. Expires when the permanent rule becomes effective.

Section 7.

Amends GS 143-215.52 to change the statutory cross reference in definition of local government from GS 160A-1 (pertaining to cities and towns) to GS 160D-102 (pertaining to local planning and development).

Defines five additional terms that have to be used in applying Part 6 of Article 21, GS Chapter 143 (Floodplain regulation), in addition to any other applicable definitions in GS 143-215.52 where those definitions do not conflict. Amends GS 143-215.56 (delineation of flood hazard areas and 100-year floodplains) to require the Department of Public Safety (DPS) to grant a permit for the use of an eligible flood hazard area in connection with an airport project for which an airport authority received a no-rise certificate for that airport project where there is no local government that has a clearly demonstrated statutory authority to issue such a permit for the airport project for the use of a flood hazard area. Specifies that in the event that DPS does not issue a permit for the airport project within 30 days of its receipt of a written request submitted by an airport authority for an airport project, the permit is deemed issued to the airport authority for the airport project by operation of law.

Section 8.

Requires the EMC to implement the Dwelling Wastewater Design Flow Rate Rule (meaning 15A NCAC 02T .0114, Wastewater Design Flow Rates) as it applies to dwelling units, as follows. Requires the flow rate used in determining the volume of sewage from dwelling units to be 75 gallons per day per bedroom. Sets the minimum volume of sewage from each dwelling unit at 75 gallons per day and each additional bedroom above two bedrooms increases the volume by 75 gallons per day. Requires the EMC to adopt a rule to amend the Dwelling Wastewater Design Flow Rate Rule so it is consistent with this provision. Applies to all dwelling unit sewer system permits issued on or after August 1, 2023. Expires when the permanent rule becomes effective.

Section 9.

Amends GS 62-110(g) to allow an owners' association (as defined) to charge for the costs of providing water or sewer service to persons who occupy townhomes within a planned community and a unit owners' association to charge for the costs of providing water or sewer service to persons who occupy defined term condominium. Defines townhome. Makes conforming and organizational changes.

Section 10.

Amends GS 130A-335(c2) (wastewater collection, treatment, and disposal) to prohibit a local government (was, municipality) from prohibiting or regulating by ordinance or enforce an existing ordinance regulating the use of off-site wastewater systems or other systems approved by the Department of Health and Human Services (DHHS) under rules adopted by the Commission for Health Services (CHS) when the proposed system meets the specific conditions of the approval.

Section 11.

Amends GS 143-214.26 to specify that no nutrient offset bank owned by a unit of local government, as defined in GS 143-214.11, may sell nutrient offset credits to a third party.

Part II.

Section 12.

Amends GS 160D-702(c) to prohibit a zoning or development regulation from requiring additional entrances into a residential subdivision that are not in compliance with the number of entrance requirements into a residential subdivision set forth in the Fire Code of the North Carolina Residential Code for One- and Two-Family Dwellings. Applies to existing municipal or county ordinances. Specifies that any inconsistent municipal or county ordinance is void and unenforceable.   

Section 13.

Amends GS 160A-307.1 (limitation on city requirements for street improvements related to schools) to prohibit a local government from imposing any requirement regarding access points, driveway access, or curb cuts for a property to be used by a school that are in addition to those imposed by DOT.

Section 14.

Amends GS 136-102.6 (compliance of subdivision streets with minimum standards of the Board of Transportation [BOT] required of developers) to specify that if DOT fails to make a final determination whether a subdivision street meets the BOT’s minimum standards within 120 days of receipt of the petition for road addition, the subdivision street will be deemed to meet the BOT’s minimum standards. Effective January 1, 2024, and applies to petitions for road additions for subdivision street improvements submitted to DOT on or after that date.

Amends GS 143B-1333 to specify that the Department of Information Technology (DIT)’s procurement activities, including but not limited to the Statewide Information Technology Procurement Office (was, the Information Technology Strategic Sourcing Office) will be funded  through a combination of administrative fees as part of the IT Supplemental Staffing contract, as well as fees charged to agencies using their services.

Part III.

Section 15.

Amends GS 95-111.3 to exclude inflatable devices, including any air-supported device made of flexible fabric, inflated by one or more blowers, that relies upon air pressure to maintain its shape, from the term amusement device. Makes technical changes to numbering.

Makes technical change to GS 95-111.12(d) to align with new numbering.

Section 16.

Requires the Standards and Inspections Division (SID) of the Department of Labor (DOL) to study existing requirements for electrical work conducted during the installation of elevators to identify deficiencies or conflicts in statute or rule in consultation with the NC Building Code Council. Permits SID to consult with other entities it determines that may be of assistance in the course of the study. Sets forth four things for SID to consider, including whether conflict exists between SID and NC Building Code requirements with respect to elevators, electrical wiring, or fire alarm installation, and what steps can be taken to resolve those conflicts.  Requires SID to report its findings and recommendations to the specified NCGA committee by March 1, 2024.

Section 17.

Amends GS 95-25.14 (exemptions to State minimum wage and overtime and record keeping laws) to exempt any employee who has entered into a contract to play baseball at the minor league level and who is compensated pursuant to the terms of a collective bargaining agreement that expressly provides for the wages, hours of work, and working conditions of the employees. Effective August 1, 2023.

Part IV.

Section 18.

Enacts new GS 90-413 (retention of medical records) requiring a health care provider to retain medical records for a minimum of ten years from the date of service to which the medical record pertains unless otherwise required by State or federal law. Provides that in the case of a minor patient, medical records must be retained for a minimum of ten years after the patient has reached the age of majority.

Section 19.

Amends GS 91-414.4 to no longer require dentists to begin submitting demographic and clinical data to the Health Information Exchange (HIE) Network by January 1, 2023. Instead, adds dentists and chiropractors to those who may connect to the HIE Network and submit data voluntarily.

Increases by one the number of members appointed to the North Carolina Health Information Exchange Advisory Board by: (1) the President Pro Tempore of the Senate to also include a provider of Medicaid or other State-funded health care services that is connected to the HIE Network and (2) the Speaker of the House to also include a provider of Medicaid or other State-funded health care services connected to the HIE Network, so that there are 14 members total (was, 12).

Section 20.

Amends GS 131E-78.5 (pertaining to designation as a stroke center) to now require that DHHS designate hospitals that meet the criteria set forth in the section as one of four types of stroke centers: an Acute Stroke Ready Hospital, Primary Stroke Center, Thrombectomy-Capable Stroke Center, or Comprehensive Stroke Center (was, just primary stroke center). Requires a hospital to apply to DHHS for recognition of such designation and to demonstrate to DHHS’s satisfaction that it meets the applicable criteria.

Requires DHHS to recognize as many certified acute care hospitals as Acute Stroke Ready hospitals as apply and are certified as an Acute Stroke Ready hospital by the American Heart Association, the Joint Commission, or other DHHS-approved certifying body that is a nationally recognized guidelines-based organization that provides Acute Stroke Ready hospital certification for stroke care, provided that each applicant continues to maintain its certification. Requires DHHS to recognize as many certified acute care hospitals as Primary Stroke Centers as apply and are certified as a Primary Stroke Center by the American Heart Association, the Joint Commission, or other DHHS-approved certifying body that is a nationally recognized guidelines-based organization that provides Primary Stroke Center Hospital certification for stroke care, provided that each applicant continues to maintain its certification. Further provides that DHHS may recognize those Primary Stroke Centers that have not been certified as Thrombectomy-Capable Stroke Centers but have attained a level of stroke care distinction by offering mechanical endovascular therapies. Requires DHHS to recognize as many certified acute care hospitals as Thrombectomy-Capable Stroke Centers as apply and are certified as a Thrombectomy-Capable Stroke Center by the American Heart Association, the Joint Commission, or other DHHS-approved certifying body that is a nationally recognized guidelines-based organization that provides Thrombectomy-Capable Stroke Center Hospital certification for stroke care, provided that each applicant continues to maintain its certification. Requires DHHS to recognize as many certified acute care hospitals as Comprehensive Stroke Centers as apply and are certified as a Comprehensive Stroke Center by the American Heart Association, the Joint Commission, or other DHHS-approved certifying body that is a nationally recognized guidelines-based organization that provides Comprehensive Stroke Center Hospital certification for stroke care, provided that each applicant continues to maintain its certification. Provides for reporting requirements by certified hospitals. Makes conforming changes.

Part V.

Section 21

Amends GS 90-624 (activities not requiring a license to practice Massage and Bodywork Therapy) to include a nationally certified reflexologist engaged in the practice of reflexology who has a current certification from the American Reflexology Certification Board (ARCB) or its successor entity, or an individual who is a reflexology student working to obtain certification from the ARCB or its successor entity under the supervision of an ARCB-certified reflexologist who obtains certification within 12 months of beginning the certification process. Defines reflexology. Effective October 1, 2023.

Section 22

Permits that a marriage that meets all other requisites of marriage may be solemnized by a member of the North Carolina General Assembly. Effective from August 12, 2023, to August 15, 2023. 

Section 23

Amends GS 50B-1 (definition of domestic violence) to make the dating relationship provisions gender neutral and to specify that a dating relationship is a relationship of a romantic or intimate nature characterized by the expression of affectionate or sexual relations (was, one where the parties are romantically involved over time and on a continuous basis during the course of the relationship). Amends GS 50B-2 (motion for emergency relief) to specify that nothing in GS Chapter 50B prevents a court from issuing an ex parte order during the pendency of a case if such order is requested by an aggrieved party and the court believes there is a danger of acts of domestic violence against the aggrieved party or a minor child. Effective October 1, 2023, and applies to proceedings occurring on or after that date.

Section 24.

Amends GS 110-86 to remove the requirement that a cooperative arrangement occur in the home of the cooperative participants.