Bill Summary for S 802 (2023-2024)

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Summary date: 

Jun 26 2024

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 802 (Public) Filed Thursday, May 2, 2024
AN ACT TO ADVANCE BUILDING RESILIENCY AND UTILITY EFFICIENCY IN NORTH CAROLINA BY AUTHORIZING A STATEWIDE PROGRAM TO UTILIZE ASSESSMENTS TO REPAY NONPUBLIC FINANCING OF COMMERCIAL BUILDING IMPROVEMENTS THAT WILL PROMOTE ECONOMIC DEVELOPMENT, REDUCE UTILITY BILL COSTS, AND HARDEN COMMERCIAL BUILDINGS AGAINST STORM AND FLOOD DAMAGE AND TO AMEND ARTICLE 8 OF CHAPTER 143 OF THE GENERAL STATUTES TO MODIFY THE REQUIREMENTS TO BE CERTIFIED AS A MINORITY BUSINESS OR HISTORICALLY UNDERUTILIZED BUSINESS.
Intro. by Johnson, Lazzara, Lee.

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Bill summary

House amendment #1 to the 3rd edition adds the following new content.

Section 5.1

Contains findings. Repeals GS 143-215.1(c8) (pertaining to permitted discharges of highly treated domestic wastewater). Repeals Section 12.9 of SL 2023-134. By August 1, 2024, directs the Department of Environmental Quality (Department) and the Environmental Management Commission (Commission) to develop and submit to the EPA for its approval draft rules that establish methodologies and permitting requirements for the discharge of treated domestic wastewaters with low risk following site-specific criteria to surface waters of the State, including wetlands, perennial streams, and unnamed tributaries of named and classified streams and intermittent streams or drainage courses where the 7Q10 flow or 30Q2 flow of the receiving water is estimated to be low flow or zero flow, or under certain conditions non-existent, as determined by the United States Geological Survey (USGS). Requires the Commission to begin the process of temporary and permanent rules under the APA within twenty days of EPA approval.  Requires the draft rules to contain the following: (1) three defined terms and (2) criteria for permitting that require applicants to demonstrate through the specified analysis that a proposed discharge meets criteria for a low-risk discharge and that discharges low flow or zero flow receiving waters be subject to the listed conditions. By September 1, 2024, requires the Department, in conjunction with the North Carolina Collaboratory at the University of North Carolina at Chapel Hill (Collaboratory), to convene a Wastewater General Permit Working Group (Working Group) consisting of Department and Collaboratory staff and a maximum of five consulting experts appointed by the Director of the Collaboratory in the fields of environmental regulation, wastewater regulation, water quality regulation, and wastewater treatment regulation, to develop the draft rules for the implementation of a Wastewater Treatment and Discharge General Permit process for the State. Requires the Working Group to report its findings to the Environmental Review Commission (ERC) by March 15, 2025. Following consideration by the ERC, and after making any changes required by the ERC, the Department must develop and submit proposed rules to the EPA for its approval. Within 20 days of the date the EPA approves the draft rules submitted, directs the Commission to initiate the process for temporary and permanent rules pursuant to GS Chapter 150B (the APA). Provides for quarterly reports by the Department and Commission to the specified NCGA committees and the ERC starting on September 1, 2024, and continuing until the permanent rules are adopted.