Bill Summary for H 600 (2023-2024)

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Summary date: 

Jun 15 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 600 (Public) Filed Thursday, April 13, 2023
AN ACT TO PROVIDE FURTHER REGULATORY RELIEF TO THE CITIZENS OF NORTH CAROLINA.
Intro. by Riddell, Zenger, Brody, Chesser.

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Bill summary

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

Part I.

Section 6.

Amends GS 113-170.3(d) (record keeping requirement for certain fisheries) to change the reference to the type of thing recreationally harvested that triggers the reporting obligations from a marine or estuarine resource to a fish and includes harvests from inland fishing waters adjacent to joint fishing waters. Amends GS 113-170.3 further, effective December 1, 2025, which increases the penalty for violations to a warning ticket by now also allowing an inspector or protector to issue additional warning tickets for repeat violations of failure to follow the reporting requirements of GS 113-170.3(d) and (e).  Amends the penalty provisions, effective December 1, 2026, which increase violations to an infraction punishable by a $35 fine as follows. Specifies that a person responsible for an infraction cannot be assessed court costs. Allows the Fisheries Director of the NC Division of Marine Fisheries (DMF) or the Executive Director of the Wildlife Resources Commission (WRC), as applicable, to revoke or refuse to issue a commercial or recreational fishing license for any individual guilty of an infraction for two consecutive years or upon failure to pay outstanding fines when required to do so. Expands the agency authorized to adopt rules to implement the act to include the WRC in addition to the DMF; makes conforming changes.

Section 7.

Deletes proposed amendments to GS 113-229 (permits to dredge or fill in or about estuarine waters or State owned lakes). 

Section 7.2

Amends GS 143-215(c) (effluent standards or limitations) so that it now reads, except as required by section 402(o) of the federal Clean Water Act (33 U.S.C. § 221342(o)), or upon waiver by a permittee in the permittee's sole discretion, no numeric water-quality based effluent limitation for a pollutant will be included in a wastewater discharge permit unless a numeric water quality standard for the pollutant has been established by rule in compliance with the requirements of Article 2A of GS Chapter 150B. Specifies that this requirement does not apply to technology-based effluent permit limitations established by State or federal rule.

Section 8.5

Deletes provisions applying the APA’s effective date provisions triggered when 10 or more written objections are received to the rule (GS 150B-21.3)  to the temporary rules DEQ is required to adopt making the Shallow Draft Applicability Rule (15A NCAC 01T .0201) consistent with the act.

Section 10

Makes technical change to GS 113A-107(g).

Section 15.5

Requires that the Dwelling Wastewater Design Flow Rate Rule (15A NCAC 02T .0114) be implemented as follows. In determining the volume of sewage from dwelling units, specifies that the flow rate will be 75 gallons per day per bedroom. The minimum volume of sewage from each dwelling unit will be 75 gallons per day, and each additional bedroom shall increase the volume by 75 gallons per day. Authorizes DEQ to approve a flow rate lower than 75 gallons per day per bedroom on a case-by-case basis at its discretion. Requires the Environmental Management Commission (EMC) to adopt rules to amend the Dwelling Wastewater Design Flow Rate Rule so that it is consistent with this provision. Applies the APA’s effective date provisions triggered when 10 or more written objections are received to the rule (GS 150B-21.3). Sunsets this provision when the permanent rules become effective. Specifies that the provisions of the APA requiring review by the rules commission do not apply.  Specifies that the section and rules  adopted pursuant thereto apply to all dwelling units sewer system permits issued on or after August 31, 2023.

Section 16.

Further amends GS 130A-309.10 to specify that PV (photovoltaic) modules, or components thereof, not shipped for reuse, incapable of being recycled, and that do not meet the definition of hazardous waste (was, just or not recycled) must be properly disposed of by the means listed in the statute.

Part II.

Section 23. 

Amends GS 162A-201(9) (pertaining to system development fees) to exempt a fee or charge paid by one local government unit to another local government unit for capacity in, or reserve capacity supplied by, capital improvements or facilities from the definition of system development fee.

Section 25.1

Requires the Reinspections Rule (15A NCAC  18A .2661(h)) to be implemented as follows. Upon request of the permit holder, or his or her representative, specifies that a reinspection must be made. In the case of a food establishment that requests an inspection for the purpose of raising the alphabetical grade and that holds an unrevoked permit, the regulatory authority must make an unannounced inspection within five business days from the date of the request. Requires the Commission for Public Health (CPH) to adopt temporary and permanent rules to implement the section. Applies the APA’s effective date provisions triggered when 10 or more written objections are received to the rule (GS 150B-21.3). Sunsets this provision when the permanent rules become effective. Specifies that the provisions of the APA requiring review by the rules commission do not apply.  

Section 25.2

Requires that Frequency of Inspections for Risk Category IV Food Service Establishments Rule (10A NCAC 46 .0213(a)(1)) be implemented as follows. A local health department must provide food, lodging, and institutional sanitation and public swimming pools  and  spas  services  within  the jurisdiction of the local health department. A local health department must establish, implement, and maintain written policies which must include the frequency of inspections of food, lodging, and institutional facilities and public swimming pools and spas. At minimum, a Risk Category IV Food Service Establishment must be inspected once during every four-month period per fiscal year. In addition, a Risk Category IV Food Service Establishment must undergo an educational visit once per fiscal year. The educational visit cannot result in the issuance of a new grade or grade card.  During an educational  visit,  the  local  health  department must review  all  of  the following with the permit holder for the establishment: (1) any priority violations that occurred during the three previous inspections of the establishment; (2) the public health risk factors identified on the inspection form furnished by the local health department; and (3) if applicable, any required Hazard Analysis Critical Control Plan. Requires CPH to adopt temporary and permanent rules to implement the section. Applies the APA’s effective date provisions triggered when 10 or more written objections are received to the rule (GS 150B-21.3). Sunsets this provision when the permanent rules become effective. Specifies that the provisions of the APA requiring review by the rules commission do not apply.  

Section 25.3

Requires that the Calculation of Compliance Rule (15A  NCAC  18A.2901(a)(5)) be implemented as follows. Specifies that the rate of compliance means the number of inspections and educational visits for food and lodging establishments conducted by the  local health department during the previous State fiscal year divided by the number of inspections and educational visits mandated to be conducted by the local health department per State fiscal year pursuant to GS 130A-249 and 10A NCAC 46 .0213, not to exceed a value of 1. Requires CPH to adopt temporary and permanent rules to implement the section. Applies the APA’s effective date provisions triggered when 10 or more written objections are received to the rule (GS 150B-21.3). Sunsets this provision when the permanent rules become effective. Specifies that the provisions of the APA requiring review by the rules commission do not apply.  

Section 26.5

Amends GS 90-414.4(e) (voluntary connection to the Health Information Exchange (HIE) network) to allow licensed chiropractors to connect to HIE network and to submit data voluntarily.

Part III.

Section 31.

Amends GS 14-309.15 (pertaining to raffles by nonprofit organizations) to increase the number of raffles that a nonprofit may hold from four to five per year.