Bill Summary for S 472 (2025-2026)
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View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT TO MAKE VARIOUS CHANGES TO THE PROCESS FOR 401 WATER QUALITY CERTIFICATIONS ISSUED BY THE DEPARTMENT OF ENVIRONMENTAL QUALITY.Intro. by Jarvis, McInnis, Moffitt.
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Bill summary
Directs the Environmental Management Commission (Commission) to implement the Water Quality Certification Rules, 15A NCAC 02H .0500 (Rules) by not requiring payment of the fee at the time an application for a water quality certification is submitted. Instead, requires the Department of Environmental Quality (DEQ) to inform the applicant of the fee within five business days after receipt of the application. Specifies that the application will not be deemed complete for purposes of DEQ Review until the requisite fee has been paid. Directs the Commission to amend the Rules consistent with the described directive and sunsets the act when the permanent rules become effective.
Directs DEQ to request that the US Army Corps of Engineers approve a modification to the Programmatic Agreement executed between the agencies to reflect the review and decision time lines for water quality certifications set forth in 15A NCAC 02H .0507.
Directs DEQ to adopt rules to establish an expedited review process for water quality certifications required for projects that have received a Nationwide Permit issued by the US Army Corps of Engineers. Specifies that the process must require DEQ review and approve an application within five business days of receipt of the application whereby failure to take action within that period results in a waiver of the certification requirement by the Director.