Bill Summary for S 38 (2013-2014)

Summary date: 

Jun 19 2014

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 38 (Public) Filed Thursday, January 31, 2013
A BILL TO BE ENTITLED AN ACT TO AMEND CERTAIN ENVIRONMENTAL AND NATURAL RESOURCES LAWS.
Intro. by Jackson.

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Bill summary

House amendments to the 3rd edition make the following changes.

Amendment #1 amends GS 143-64.12 to reinstate the provisions deleted in the previous edition that require that the Department of Administration (DOA) develop an energy audit and procedure for conducting energy audits, as well as provisions for conducting the audits and reporting on the audits. Deletes the provision allowing DOA to adopt architectural and engineering standards to implement the statute.

Amendment #2 amends the requirements for the revised permanent rule that the EMC must adopt concerning isolated wetlands regulations to change the provisions that apply to the implementation of 15A NCAC 02H .1305 as follows: (1) requires that the mitigation ratio for impacts of more than 1 acre for the entire project under (g)(6) be 1:1 and allows location on the same parcel (was, only that the mitigation ratio under (g)(6) is 1:1) and (2) adds that isolated wetlands means a Basin Wetland or Bog as described in the specified version of the NC Wetland Assessment User Manual, that are not jurisdictional wetlands under the federal Clean Water Act; isolated wetland does not include an isolated man-made ditch or pond constructed for stormwater management purposes or any other man-made isolated pond. Requires that the EMC adopt rules to amend 15A NCAC 01H .1300 through 15A NCAC 02H .1305 (was, amend 15A NCAC 02H .1305), consistent with the act. Amends the items to be studied by DENR to clarify that DENR must study how the term isolated wetland has been previously defined and adds studying whether impacts to isolated wetlands should be combined with the project impacts to jurisdictional wetlands or streams for the purpose of determining when impact thresholds that trigger a mitigation requirement are met.

Amends the provision establishing the Senator Jean Preston Marine Shellfish Sanctuary to no longer require that the designated acreage be a contiguous area.

Amendment #3 deletes proposed GS 143-215.10J, closure of certain animal waste containment basins.

Amendment #4 makes a technical correction to GS 130A-334.

Amendment #5 amends Section 34(b) of SL 2013-413 to add that neither the state nor any local health department is liable for any damages caused by a system approved or permitted under the section.

Amendment #6 adds a new section amending the Residential Property Disclosure Act, GS Chapter 47E, as follows. Enacts new GS 47E-4.1, requiring the owner of the property in transfers in GS 47E-1 (specified transfers of  residential real property consisting of not less than one nor more than four dwelling units) and GS 47E-2(b) (transfers involving the first sale of a dwelling never inhabited; lease with option to purchase contracts where the lessee occupies or intends to occupy the dwelling; and transfers where both parties agree not to complete a residential property disclosure statement or an owners' association and mandatory covenants disclosure statement) to furnish the purchaser with a mineral and oil and gas rights mandatory disclosure statement. Sets out the required format and language of the disclosure concerning the severance of mineral and/or oil and gas rights from the title to real property. Requires the NC Real Estate Commission to develop and require the use of a mineral and oil rights mandatory disclosure statement to comply with the statute's requirements. Provides that the rights of the parties to a real estate contract as to the severance of minerals or the oil and gas rights by the previous property owner and of which the owner had no actual knowledge are not affected by this Article unless the mandatory disclosure statement says that the owner makes no representations as to the severance by the previous owner. Provides that if the statement says that an owner makes no representations as to the severance by the previous owner, then the owner has no duty to disclose the severance by a previous owner, whether or not the owner should have known of any severance. Makes conforming changes to GS 47E-2, GS 47E-4, GS 47E-5, GS 47E-6, GS 47E-7, and GS 47E-8.

Amendment #7 adds a new section to the act amending Section 1 of SL 2013-82 to require DENR to submit interim reports to the ERC on its progress in developing the Minimum Design Criteria for permits issued by the stormwater runoff permitting programs. The reports must be submitted by September 1, 2014, and December 1, 2014. Extends the deadline for the final report from September 1, 2014, to February 1, 2015.

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