Bill Summary for H 870 (2025-2026)

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Summary date: 

Apr 9 2025

Bill Information:

View NCGA Bill Details(link is external)2025-2026 Session
House Bill 870 (Public) Filed Wednesday, April 9, 2025
AN ACT TO AMEND SEDIMENTATION CONTROL PERMITTING REQUIREMENTS, TO ESTABLISH NEW REQUIREMENTS FOR MEMORANDUMS OF AGREEMENT BETWEEN THE DEPARTMENT OF ENVIRONMENTAL QUALITY AND THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, AND TO MAKE OTHER CHANGES TO THE ADMINISTRATION OF ENVIRONMENTAL PROGRAMS IN NORTH CAROLINA.
Intro. by Brody, Adams, N. Jackson, Zenger.

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Bill summary

Section 1.

Enacts GS 143B-279.4B requiring NCGA approval of memorandums of agreement between the EPA and the Department of Environmental Quality (Department), the Environmental Management Commission, the Coastal Resources Commission, the Sedimentation Control Commission, and any other board or commission charged with implementation of State or federal environmental law. Prohibits implementing the terms of such agreements without NCGA confirmation. Applies to memorandums of agreement, or modifications to such agreements, proposed for execution on or after the act becomes law.

Section 2.

Requires the Department, by October 1, 2025, to notify the EPA of its intent to initiate discussions to revise the NPDES Memorandum of Agreement between the State and US EPA Region 4, and any other agreement with EPA governing the State's Sedimentation Pollution Control Act of 1973 (Act) and its implementation of NCG01 to streamline the regulatory requirements of the Act and NCG01 for the purpose of eliminating program redundancies to minimize (1) unnecessary costs to, and duplication of efforts by, persons initiating land-disturbing activities; (2) unnecessary delays in project development; and (3) inefficient use of Department personnel and staff of local governments that administer delegated erosion and sedimentation control programs. Provides for appointments to the negotiations by the Speaker of the House and the President Pro Tempore of the Senate, as described. Requires the Department to report quarterly to the Environmental Policy Council on the status of these activities beginning January 1, 2026, until this reporting requirement is repealed. 

Section 3.

Requires the Department, by October 1, 2025, to request that the EPA consult with the Department on any proposed changes to federal regulations that would impact the State's administration of federal environmental programs in North Carolina, before the EPA notices the proposed changes in the Federal Register, so that the State can have meaningful collaborative input on development of regulations that it may be charged with administering. Requires the Department to report quarterly to the Environmental Policy Council on the status of these activities beginning January 1, 2026, until this reporting requirement is repealed. 

Section 4.

Requires the Department, by October 1, 2025, to submit copies of any agreements executed between the Department and the EPA governing the State's administration of programs under the Clean Water Act to the specified NCGA committee. Also requires the Department to give that committee information on any federal funds received by the State in connection with administration of such programs, and all federal requirements for receipt of such funds as well as the adequacy of funding from all sources to fully implement the agreement requirements.

Section 5.

Includes a severability clause.