GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

H                                                                                                                                                    5

HOUSE BILL 169

Committee Substitute Favorable 3/18/15

Committee Substitute #2 Favorable 7/16/15

Senate Commerce Committee Substitute Adopted 5/26/16

Senate Rules and Operations of the Senate Committee Substitute Adopted 6/7/16

 

Short Title:      Regulatory Reduction Act of 2016.

(Public)

Sponsors:

 

Referred to:

 

March 9, 2015

A BILL TO BE ENTITLED

AN ACT to provide further REGULATORY RELIEF TO THE CITIZENS OF nORTH CAROLINA.

The General Assembly of North Carolina enacts:

 

PART I. ADMINISTRATIVE REFORMS

 

RESTRICTIONS ON RULES WITH SUBSTANTIAL FINANCIAL COSTS

SECTION 1.1.  Chapter 150B of the General Statutes is amended by adding a new section to read:

"§ 150B‑19.4.  Requirements on rules with substantial financial costs.

(a)        Prohibition. – Notwithstanding any authority given to an agency to adopt a rule, an agency may not adopt a permanent rule or set of rules with a projected aggregate financial cost to all persons affected equal to or greater than one hundred million dollars ($100,000,000) during any five‑year period. The agency's determination of the projected aggregate financial cost of a permanent rule or set of rules shall comply with the requirements of G.S. 150B‑21.4(b1). The agency's determination of the projected aggregate financial cost of a permanent rule or set of rules shall not include any financial benefits of the permanent rule or set of rules.

(b)        Limitation. – If an agency determines that a proposed permanent rule or set of rules will have a projected aggregate financial cost to all persons affected equal to or greater than ten million dollars ($10,000,000) during any five‑year period, the adoption of the permanent rule or set of rules must comply with the following:

(1)        If the agency is a board, a commission, a council, or other similar unit of government, a certification that the adoption of the rule or set of rules must be approved by at least sixty percent (60%) of those voting on the rule or set of rules.

(2)        For an agency headed by a member of the Council of State, the adoption of the rule or set of rules must be accompanied by a certification signed by the member of the Council of State indicating the member's review and support of the rule or set or rules.

(3)        For all other agencies, the adoption of the rule or set of rules must be accompanied by a certification signed by the Governor indicating the Governor's review and support of the rule or set of rules.

(c)        Legislative Review. – A permanent rule or set of rules subject to the limitation of subsection (b) of this section shall be subject to the provisions of G.S. 150B‑21.3(b1) as if, pursuant to G.S. 150B‑21.3(b2), the rule or set of rules received written objections from 10 or more persons and a bill specifically disapproving the rule or set of rules was introduced in a house of the General Assembly before the thirty‑first legislative day."

SECTION 1.2.  G.S. 150B‑21.6 reads as rewritten:

"§ 150B‑21.6.  Incorporating material in a rule by reference.

An agency may incorporate the following material by reference in a rule without repeating the text of the referenced material:

(1)        Another rule or part of a rule adopted by the agency.

(2)        All or part of a code, standard, or regulation adopted by another agency, the federal government, agency or a generally recognized organization or association.

(3)        Repealed by Session Laws 1997‑34, s. 5.

(4)        All or part of a code, standard, or regulation adopted by the federal government if the agency establishes a procedure by which any change by the federal government is reviewed and approved by the agency within 120 days of the change.

In incorporating material by reference, the agency must designate in the rule whether or not the incorporation includes subsequent amendments and editions of the referenced material. The agency can change this designation only by a subsequent rule‑making proceeding. The agency must have copies of the incorporated material available for inspection and must specify in the rule both where copies of the material can be obtained and the cost on the date the rule is adopted of a copy of the material.

A statement in a rule that a rule incorporates material by reference in accordance with former G.S. 150B‑14(b) is a statement that the rule does not include subsequent amendments and editions of the referenced material. A statement in a rule that a rule incorporates material by reference in accordance with former G.S. 150B‑14(c) is a statement that the rule includes subsequent amendments and editions of the referenced material."

SECTION 1.3.  G.S. 150B‑19.3(a) reads as rewritten:

"(a)      An agency authorized to implement and enforce State and federal environmental laws may not adopt a permanent rule for the protection of the environment or natural resources that imposes a more restrictive standard, limitation, or requirement than those imposed by federal law or rule, if a federal law or rule pertaining to the same subject matter has been adopted, unless adoption of the rule is required by one of the subdivisions of this subsection. A A permanent rule required by a serious and unforeseen threat to public health, safety, or welfare shall be subject to the limitation and legislative review provisions of G.S. 150B‑19.4(b) and (c). A permanent rule required by one of the following subdivisions of this subsection shall be subject to the provisions of G.S. 150B‑21.3(b1) as if the rule received written objections from 10 or more persons under G.S. 150B‑21.3(b2):

(1)        A serious and unforeseen threat to the public health, safety, or welfare.

(2)        An act of the General Assembly or United States Congress that expressly requires the agency to adopt rules.

(3)        A change in federal or State budgetary policy.

(4)        A federal regulation required by an act of the United States Congress to be adopted or administered by the State.

(5)        A court order."

SECTION 1.4.  G.S. 150B‑21.3A reads as rewritten:

"§ 150B‑21.3A.  Periodic review and expiration of existing rules.

...

(e)        Rules to Conform to or Implement Federal Law. – Rules adopted to conform to or implement federal law shall not expire as provided by this section. The Commission shall report annually to the Committee on any rules that do not expire pursuant to this subsection.

(e1)      Rules to Protect Inchoate or Accrued Rights of Retirement Systems Members. – Rules deemed by the Boards of Trustees established under G.S. 128 28 and G.S. 135 6 to protect inchoate or accrued rights of members of the Retirement Systems administered by the State Treasurer shall not expire as provided by this section. The Commission shall report annually to the Committee on any rules that do not expire pursuant to this subsection.Exclusions. – The Commission shall report annually to the Committee on any rules that do not expire pursuant to this subsection. The following rules shall not expire as provided in this section:

(1)        Rules adopted to conform to or implement federal law.

(2)        Rules deemed by the Boards of Trustees established under G.S. 128‑28 and G.S. 135‑6 to protect inchoate or accrued rights of members of the Retirement Systems administered by the State Treasurer.

...."

SECTION 1.5.  Sections 1.1, 1.2, 1.3, and 1.4 are effective when this act becomes law. Sections 1.1, 1.3, and 1.4 apply to rules adopted or undergoing the review process on or after that date.

 

PART II. BUSINESS REGULATION

 

EXEMPT CERTAIN BUILDING CODE CLASSIFICATIONS FROM ENERGY EFFICIENCY STANDARDS

SECTION 2.1.  G.S. 143‑138 is amended by adding a new subsection to read:

"(b16)  Exclusion from Energy Efficiency Code Requirements for Certain Use and Occupancy Classifications. – The Council shall provide for an exemption from any requirements in the energy efficiency standards pursuant to Chapter 13 of the 2012 North Carolina Building Code and the 2012 Energy Conservation Code, and any subsequent amendments to the Building Code and Energy Conservation Code, for the following use and occupancy classifications pursuant to Chapter 3 of the 2012 North Carolina Building Code: Section 306, Factory Group F; Section 311, Storage Group S; and Section 312, Utility and Miscellaneous Group U."

 

STREAMLINE MORTGAGE NOTICE REQUIREMENTS

SECTION 2.2.  G.S. 45‑91 reads as rewritten:

"§ 45‑91.  Assessment of fees; processing of payments; publication of statements.

A servicer must comply as to every home loan, regardless of whether the loan is considered in default or the borrower is in bankruptcy or the borrower has been in bankruptcy, with the following requirements:

(1)        Any fee that is incurred by a servicer shall be both:

a.         Assessed within 45 days of the date on which the fee was incurred. Provided, however, that attorney or trustee fees and costs incurred as a result of a foreclosure action shall be assessed within 45 days of the date they are charged by either the attorney or trustee to the servicer.

b.         Explained clearly and conspicuously in a statement mailed to the borrower at the borrower's last known address within 30 days after assessing the fee, provided the servicer shall not be required to take any action in violation of the provisions of the federal bankruptcy code. The servicer shall not be required to send such a statement for a fee that: (i) results from a service that is affirmatively requested by the borrower, (ii) is paid for by the borrower at the time the service is provided, and (iii) is not charged to the borrower's loan account.

(2)        All amounts received by a servicer on a home loan at the address where the borrower has been instructed to make payments shall be accepted and credited, or treated as credited, within one business day of the date received, provided that the borrower has made the full contractual payment and has provided sufficient information to credit the account. If a servicer uses the scheduled method of accounting, any regularly scheduled payment made prior to the scheduled due date shall be credited no later than the due date. Provided, however, that if any payment is received and not credited, or treated as credited, the borrower shall be notified within 10 business days by mail at the borrower's last known address of the disposition of the payment, the reason the payment was not credited, or treated as credited to the account, and any actions necessary by the borrower to make the loan current.

(2a)      The notification required by subdivision (2) of this section is not necessary if (i) the servicer complies with the terms of any agreement or plan made with the borrower and has applied and credited payments received in the manner required, and (ii) the servicer is applying and crediting payments to the borrower's account in compliance with all applicable State and federal laws, including bankruptcy laws, and if at least one of the following occurs:

a.         The borrower has entered into a written loss mitigation, loan modification, or forebearance agreement with the servicer that itemizes all amounts due and specifies how payments will be applied and credited;

b.         The borrower has elected to participate in an alternative payment plan, such as a biweekly payment plan, that specifies as part of a written agreement how payments will be applied and credited; or

c.         The borrower is making payments pursuant to a bankruptcy plan.

(3)        Failure to charge the fee or provide the information within the allowable time and in the manner required under subdivision (1) of subsection (a) of this section constitutes a waiver of such fee.

(4)        All fees charged by a servicer must be otherwise permitted under applicable law and the contracts between the parties. Nothing herein is intended to permit the application of payments or method of charging interest which is less protective of the borrower than the contracts between the parties and other applicable law.

(5)        The obligations of mortgage servicers set forth in G.S. 53‑244.110.

(6)        The statement mailing requirement and borrower notification requirements of this section are deemed satisfied by compliance with the disclosure requirements contained in Regulation Z, 12 C.F.R. § 1026.41."

 

AUTHORIZE NORTH CAROLINA DISTILLERIES TO BETTER COMPETE NATIONALLY AND INTERNATIONALLY

SECTION 2.3.(a)  G.S. 18B‑1105 reads as rewritten:

"§ 18B‑1105.  Authorization of distillery permit.

(a)        Authorized Acts. – The holder of a distillery permit may do any of the following:

(1)        Manufacture, purchase, import, possess and transport ingredients and equipment used in the distillation of spirituous liquor

(2)        Sell, deliver and ship spirituous liquor in closed containers at wholesale to exporters and local boards within the State, and, subject to the laws of other jurisdictions, at wholesale or retail to private or public agencies or establishments of other states or nations.State.

(2a)      Sell spirituous liquor in closed containers at wholesale or retail, subject to the laws of other jurisdictions, for delivery outside the State.

(3)        Transport into or out of the distillery the maximum amount of liquor allowed under federal law, if the transportation is related to the distilling process.

(4)        Sell spirituous liquor distilled at the distillery in closed containers to visitors who tour the distillery for consumption off the premises. Sales under this subdivision are allowed only in a county where the establishment of a county or municipal ABC store has been approved pursuant to G.S. 18B‑602(g) and are subject to the time and day restrictions in G.S. 18B‑802. Spirituous liquor sold under this subdivision shall (i) be listed as a code item for sale in the State, (ii) be sold at the price set by the Commission for the code item pursuant to G.S. 18B‑804(b), and (iii) have affixed to its bottle a sticker that bears the words "North Carolina Distillery Tour Commemorative Spirit" in addition to any other labeling requirements set by law. Consumers purchasing spirituous liquor under this subdivision are limited to purchasing, and the selling distillery is limited to selling to each consumer, no more than one bottle of each product produced at the distillery of the spirituous liquor per 12 month period. The distillery shall use a commonly adopted standard point of sale system to maintain searchable electronic records captured at the point of sale, to include the purchaser's name, drivers license number, and date of birth for at least 12 months from the date of purchase. The Commission shall adopt rules regulating the retail sale of spirituous liquor under this subdivision.

(b)        Distilleries for Fuel Alcohol. – Any person in possession of a Federal Operating Permit pursuant to Title 27, Code of Federal Regulations, Part 19 (April 1, 2010 Edition), shall obtain a fuel alcohol permit before manufacturing any alcohol. The permit shall entitle the permittee to perform only those acts allowed by the Federal Operating Permit, and all conditions of the Federal Operating Permit shall apply to the State permit."

SECTION 2.3.(b)  G.S. 18B‑804 is amended by adding a new subsection to read:

"§ 18B‑804.  Alcoholic beverage pricing.

(a)        Uniform Price of Spirituous Liquor. – The retail price of spirituous liquor sold in ABC stores and permitted distilleries shall be uniform throughout the State, unless otherwise provided by the ABC law.

(b)        Sale Price of Spirituous Liquor. – The sale of spirituous liquor, including antique spirituous liquor, sold at the uniform State price shall consist of the following components:

(1)        The distiller's or the antique spirituous liquor seller's price.

(2)        The freight and bailment charges of the State warehouse as determined by the Commission.

(3)        A markup for local boards as determined by the Commission.

(4)        The tax levied under G.S. 105‑113.80(c), which shall be levied on the sum of subdivisions (1), (2), and (3).

(5)        An additional markup for local boards equal to three and one‑half percent (3 1/2%) of the sum of subdivisions (1), (2), and (3).

(6)        A bottle charge of one cent (1¢) on each bottle containing 50 milliliters or less and five cents (5¢) on each bottle containing more than 50 milliliters.

(6a)      The bailment surcharge.

(6b)      An additional bottle charge for local boards of one cent (1¢) on each bottle containing 50 milliliters or less and five cents (5¢) on each bottle containing more than 50 milliliters.

(7)        A rounding adjustment, the formula of which may be determined by the Commission, so that the sale price will be divisible by five.

(8)        If the spirituous liquor is sold to a mixed beverage permittee for resale in mixed beverages, a charge of twenty dollars ($20.00) on each four liters and a proportional sum on lesser quantities.

(9)        If the spirituous liquor is sold to a guest room cabinet permittee for resale, a charge of twenty dollars ($20.00) on each four liters and a proportional sum on lesser quantities.

(b1)      Price of Spirituous Liquor Sold at Distillery. – When the holder of a distillery permit sells spirituous liquor distilled at the distillery pursuant to G.S. 18B‑1105(a)(4), the retail price of the spirituous liquor shall be the uniform State price set by subsection (a) of this section. However, the holder of the distillery permit shall not be required to remit the components of the price set forth by subdivisions (2), (3), (5), (6), (6a), (6b), and (7) of subsection (b) of this section.

(b2)      Price of Spirituous Liquor Sold for Delivery Outside the State. – When the holder of a distillery permit sells spirituous liquor for delivery outside the State pursuant to G.S. 18B‑1105(a)(2a), the retail price of the spirituous liquor shall be the distiller's price.

(c)        Sale Price of Fortified Wine. – The sale price of fortified wine shall include the tax levied by G.S. 105‑113.80(b), as well as State and local sales taxes.

(d)       Repealed by Session Laws 1985, c. 59, s. 2."

SECTION 2.3.(c)  G.S. 18B‑800 reads as rewritten:

"§ 18B‑800.  Sale of alcoholic beverages in ABC stores.

(a)        Spirituous Liquor. – Except as provided in Article 10 Articles 10 and 11 of this Chapter, spirituous liquor may be sold only in ABC stores operated by local boards.

(b)        Fortified Wine. – In addition to spirituous liquor, ABC stores may sell fortified wine. ABC stores may also sell wine products, irrespective of alcohol content by volume, which were classified as fortified wine by the ABC Commission prior to July 7, 2004.

(c)        Commission Approval. – No ABC store may sell any alcoholic beverage which has not been approved by the Commission for sale in this State.

(d)       Expired.

(e)        Each ABC store shall display spirits which are distilled in North Carolina in an area dedicated solely to North Carolina products."

SECTION 2.3.(d)  The Alcoholic Beverage Control Commission shall adopt temporary rules to amend its rules consistent with this section.

SECTION 2.3.(e)  This section becomes effective July 1, 2016.

 

PART III. STATE AND LOCAL GOVERNMENT REGULATION

 

DIRECT THE MEDICAL CARE COMMISSION TO ADOPT THE RECOMMENDATIONS OF THE AMERICAN SOCIETY OF HEALTHCARE ENGINEERS FACILITY GUIDELINES INSTITUTE

SECTION 3.1.(a)  Definitions. – For purposes of this section and its implementation:

(1)        "Hospital Facilities Rules" means all of the following:

a.         10A NCAC 13B .6001 – Physical Plant: Location.

b.         10A NCAC 13B .6002 – Physical Plant: Roads and Parking.

c.         10A NCAC 13B .6104 – General Requirements: Access and Safety.

d.         10A NCAC 13B .6201 – Construction Requirements: Medical, Surgical, and Post‑Partum Care Unit.

e.         10A NCAC 13B .6202 – Construction Requirements: Special Care Unit.

f.          10A NCAC 13B .6203 – Construction Requirements: Neonatal Level I and Level II Nursery Unit.

g.         10A NCAC 13B .6204 – Construction Requirements: Neonatal Level III and Level IV Nursery.

h.         10A NCAC 13B .6205 – Construction Requirements: Psychiatric Unit.

i.          10A NCAC 13B .6206 – Construction Requirements: Surgical Department Requirements.

j.          10A NCAC 13B .6207 – Construction Requirements: Obstetrical Department Requirements.

k.         10A NCAC 13B .6209 – Construction Requirements: Emergency Services.

l.          10A NCAC 13B .6210 – Construction Requirements: Imaging Services.

m.        10A NCAC 13B .6211 – Construction Requirements: Laboratory Services.

n.         10A NCAC 13B .6212 – Construction Requirements: Morgue.

o.         10A NCAC 13B .6213 – Construction Requirements: Pharmacy Services.

p.         10A NCAC 13B .6214 – Construction Requirements: Dietary Services.

q.         10A NCAC 13B .6215 – Construction Requirements: Administration.

r.          10A NCAC 13B .6216 – Construction Requirements: Medical Records Services.

s.          10A NCAC 13B .6217 – Construction Requirements: Central Medical and Surgical Supply Services.

t.          10A NCAC 13B .6218 – Construction Requirements: General Storage.

u.         10A NCAC 13B .6219 – Construction Requirements: Laundry Services.

v.         10A NCAC 13B .6220 – Construction Requirements: Physical Rehabilitation Services.

w.        10A NCAC 13B .6221 – Construction Requirements: Engineering Services.

x.         10A NCAC 13B .6222 – Construction Requirements: Waste Processing.

y.         10A NCAC 13B .6223 – Construction Requirements: Details and Finishes.

z.         10A NCAC 13B .6224 – Construction Requirements: Elevator Requirements.

aa.        10A NCAC 13B .6225 – Construction Requirements: Mechanical Requirements.

bb.       10A NCAC 13B .6226 – Construction Requirements: Plumbing and Other Piping Systems Requirements.

cc.        10A NCAC 13B .6227 – Construction Requirements: Electrical Requirements.

(2)        "Guidelines" means the American Society for Healthcare Engineering's Facility Guidelines Institute "Guidelines for Design and Construction of Hospitals and Outpatient Facilities."

SECTION 3.1.(b)  Repeal Hospital Facilities Rules. – The Secretary of Health and Human Services and the Medical Care Commission shall repeal the Hospital Facilities Rules on or before December 31, 2016.

SECTION 3.1.(c)  Implementation and Rule‑Making Authority. – Before the effective date of the repeal of the Hospital Facilities Rules required pursuant to subsection (b) of this section, the Medical Care Commission shall adopt temporary rules to replace the Hospital Facilities Rules and incorporate by reference all applicable rules, standards, and requirements of the most current edition of the Guidelines. If temporary rules are not adopted before the repeal of the Hospital Facilities Rules required pursuant to subsection (a) of this section, the Commission shall utilize the 2014 Edition of the Guidelines until such time as temporary rules are adopted. Furthermore, the Commission shall adopt permanent rules pursuant to this section.

SECTION 3.1.(d)  Additional Rule‑Making Authority. – The Commission shall adopt rules to replace the Hospital Facilities Rules. Notwithstanding G.S. 150B‑19(4), the rules adopted by the Commission pursuant to this section shall conform to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B‑21.3(b2). Furthermore, rules adopted pursuant to this section shall be exempt from the provisions of Chapter 150B of the General Statutes that require the preparation of fiscal notes for any rule proposed to incorporate the Guidelines by reference.

SECTION 3.1.(e)  Exemption from Periodic Review. – Until such time as the Hospital Facilities Rules are repealed pursuant to subsection (b) of this section, the Hospital Facilities Rules shall be exempt from the periodic review process required pursuant to G.S. 150B‑21.3A.

 

ELIMINATE EFFICIENCY STANDARDS HAVING BEEN MET OR EXCEEDED BY STATE BUILDINGs

SECTION 3.2.(a)  G.S. 143‑64.12 is repealed.

SECTION 3.2.(b)  G.S. 116‑30.3B(c) is repealed.

 

REPEAL CERTAIN EDUCATIONAL TESTING LAWS

SECTION 3.3.  G.S. 115C‑174.12(c) reads as rewritten:

"(c)      Local boards of education shall cooperate with the State Board of Education in implementing the provisions of this Article, including the regulations and policies established by the State Board of Education. Local school administrative units shall use the annual tests to fulfill the purposes set out in this Article. Local school administrative units are encouraged to continue to develop local testing programs designed to diagnose student needs."

 

PART IV. AGRICULTURE, ENERGY, ENVIRONMENTAL, AND NATURAL RESOURCES REGULATION

 

REPEAL RECYCLING REQUIREMENTS FOR DISCARDED COMPUTER EQUIPMENT AND TELEVISIONS

SECTION 4.1.(a)  Part 2H of Article 9 of Chapter 130A of the General Statutes is repealed.

SECTION 4.1.(b)  G.S. 130A‑309.10(f)(14) is repealed.

SECTION 4.1.(c)  G.S. 130A‑309.10(f)(15) is repealed.

SECTION 4.1.(d)  G.S. 130A‑309.10(f1)(7) is repealed.

SECTION 4.1.(e)  G.S. 130A‑309.10(f1)(8) is repealed.

SECTION 4.1.(f)  G.S. 130A‑309.09A(d)(8) is repealed.

 

REPEAL YARD WASTE PERMITTING REQUIREMENTS

SECTION 4.2.(a)  G.S. 130A‑290(a) reads as rewritten:

"§ 130A‑290.  Definitions.

(a)        Unless a different meaning is required by the context, the following definitions shall apply throughout this Article:

...

(45)      "Yard trash" means solid waste consisting solely of vegetative matter resulting from landscaping maintenance.and yard maintenance, including brush, grass, tree limbs, and similar vegetative material.

(46)      "Yard waste" means yard trash and land‑clearing debris, including stumps, limbs, leaves, grass, and untreated wood."

SECTION 4.2.(b)  G.S. 130A‑294 is amended by adding a new subsection to read:

"(v)      Yard waste diverted from the waste stream or collected as source separated material is not subject to a solid waste permit for transfer, treatment, processing, storage, or disposal in a permitted solid waste management facility. Operators of facilities where yard waste is subject to transfer, treatment, processing, storage, or disposal shall, however, comply with all other federal, State, or local laws, ordinances, rules, regulations, or orders, including zoning, flood plain, and wetland restrictions, sedimentation and erosion control requirements, and mining regulations. Nothing in this subsection shall be construed as limiting the authority of any local government to manage the transfer, treatment, processing, storage, or disposal of yard waste."

SECTION 4.2.(c)  This section becomes effective July 1, 2017, and applies to the transfer, treatment, processing, storage, or disposal of yard waste occurring on or after that date.

 

ELIMINATE OUTDATED PROVISIONS OF THE COASTAL AREA MANAGEMENT ACT

SECTION 4.3.(a)  G.S. 113A‑109 is repealed.

SECTION 4.3.(b)  G.S. 113A‑112 is repealed.

SECTION 4.4.(c)  Subsection (b) of this section becomes effective January 1, 2017.

 

REPEAL PASTURE POINTS PROVISION

SECTION 4.4.  Section 4(c) of S.L. 2001‑355 is repealed.

 

REPEAL RESTRICTION ON PET TURTLE SALES

SECTION 4.5.  The Commission for Public Health shall repeal 10A NCAC 41A .0301 (Definitions) and 10A NCAC 41A .0302 (Sale of Turtles Restricted) on or before December 1, 2016. Until the effective date of the repeal of the rule required pursuant to this section, the Department of Health and Human Services, the Department of Environmental Quality, or any other political subdivision of the State shall not implement or enforce 10A NCAC 41A .0301 (Definitions) and 10A NCAC 41A .0302 (Sale of Turtles Restricted).

 

LIMIT MOTOR VEHICLE EMISSIONS INSPECTIONS

SECTION 4.6.(a)  G.S. 143‑215.107A reads as rewritten:

"§ 143‑215.107A.  Motor vehicle emissions testing and maintenance program.

(a)        General Provisions. –

(1)        G.S. 143‑215.107(a)(6) shall be implemented as provided in this section.

(2)        Motor vehicle emissions inspections shall be performed by a person who holds an emissions inspection mechanic license issued as provided in G.S. 20‑183.4A(c) at a station that holds an emissions inspection station license issued under G.S. 20‑183.4A(a) or at a place of business that holds an emissions self‑inspector license issued as provided in G.S. 20‑183.4A(d). Motor vehicle emissions inspections may be performed by a decentralized network of test‑and‑repair stations as described in 40 Code of Federal Regulations § 51.353 (1 July 1998 Edition). The Commission may not require that motor vehicle emissions inspections be performed by a network of centralized or decentralized test‑only stations.

(b)        Repealed by Session Laws 2000‑134, s. 2, effective July 14, 2000.

(c)        Counties Covered. – Motor vehicle emissions inspections shall be performed in the following counties: Alamance, Brunswick, Buncombe, Burke, Cabarrus, Caldwell, Carteret, Catawba, Chatham, Cleveland, Craven, Cumberland, Davidson, Durham, Edgecombe, Forsyth, Franklin, Gaston, Granville, Guilford, Harnett, Haywood, Henderson, Iredell, Johnston, Lee, Lenoir, Lincoln, Mecklenburg, Moore, Nash, New Hanover, Onslow, Orange, Pitt, Randolph, Robeson, Rockingham, Rowan, Rutherford, Stanly, Stokes, Surry, Union, Wake, Wayne, Wilkes and Wilson.

(d)       Repealed by Session Laws 2012‑200, s. 12(a), effective August 1, 2012."

SECTION 4.6.(b)  No later than December 31, 2016, the Department of Environmental Quality shall prepare and submit to the United States Environmental Protection Agency for approval by that agency a proposed North Carolina State Implementation Plan amendment based on the change to the motor vehicle emissions testing program provided in this section.

SECTION 4.6.(c)  This section becomes effective on the later of the following dates and applies to motor vehicles inspected, or due to be inspected, on or after the effective date of this act:

(1)        July 1, 2017.

(2)        The first day of a month that is 60 days after the Department of Environmental Quality certifies to the Revisor of Statutes that the United States Environmental Protection Agency has approved an amendment to the North Carolina State Implementation Plan submitted as required by Section 4.6(b) of this act. The Department shall provide this notice along with the effective date of this act on its Web site and by written or electronic notice to emissions inspection mechanic license holders, emissions inspection station licensees, and self‑inspector licensees in the counties where motor vehicle emissions inspection requirements are removed by this act.

 

PART V. ELIMINATE, CONSOLIDATE, AND AMEND REPORTS TO THE ENVIRONMENTAL REVIEW COMMISSION

 

ELIMINATE ANNUAL REPORT ON MINING ACCOUNT PURSUANT TO THE MINING ACT OF 1971 BY THE DEPARTMENT OF ENVIRONMENTAL QUALITY

SECTION 5.1.  G.S. 74‑54.1(c) is repealed.

 

ELIMINATE ANNUAL REPORT ON THE IMPLEMENTATION OF THE SUSTAINABLE ENERGY EFFICIENT BUILDINGS PROGRAM BY THE DEPARTMENT OF ADMINISTRATION

SECTION 5.2.(a)  G.S. 143‑135.39(f) and (g) are repealed.

SECTION 5.2.(b)  G.S. 143‑135.40(b) is repealed.

 

ELIMINATE QUARTERLY REPORT ON SYSTEMWIDE MUNICIPAL AND DOMESTIC WASTEWATER COLLECTION SYSTEM PERMIT PROGRAM BY THE ENVIRONMENTAL MANAGEMENT COMMISSION

SECTION 5.3.  G.S. 143‑215.9B reads as rewritten:

"§ 143‑215.9B.  Systemwide municipal and domestic wastewater collection system permit program report.

The Environmental Management Commission shall develop and implement a permit program for municipal and domestic wastewater collection systems on a systemwide basis. The collection system permit program shall provide for performance standards, minimum design and construction requirements, a capital improvement plan, operation and maintenance requirements, and minimum reporting requirements. In order to ensure an orderly and cost‑effective phase‑in of the collection system permit program, the Commission shall implement the permit program over a five‑year period beginning 1 July 2000. The Commission shall issue permits for approximately twenty percent (20%) of municipal and domestic wastewater collection systems that are in operation on 1 July 2000 during each of the five calendar years beginning 1 July 2000 and shall give priority to those collection systems serving the largest populations, those under a moratorium imposed by the Commission under G.S. 143‑215.67, and those for which the Department of Environmental Quality has issued a notice of violation for the discharge of untreated wastewater. The Commission shall report on its progress in developing and implementing the collection system permit program required by this section as a part of each quarterly report the Environmental Management Commission makes to the Environmental Review Commission pursuant to G.S. 143B‑282(b)."

 

ELIMINATE ANNUAL REPORTS ON REDUCING VEHICLE EMISSIONS FROM STATE EMPLOYEE AND PRIVATE SECTOR VEHICLES BY THE DEPARTMENT OF TRANSPORTATION

SECTION 5.4.  G.S. 143‑215.107C(d) and (e) are repealed.

 

ELIMINATE ANNUAL REPORT ON PURCHASE OF NEW MOTOR VEHICLES AND FUEL SAVINGS BY THE DEPARTMENT OF ADMINISTRATION

SECTION 5.5.  G.S. 143‑341(8)i.2b. reads as rewritten:

"2b.      As used in this sub‑sub‑subdivision, "fuel economy" and "class of comparable automobiles" have the same meaning as in Part 600 of Title 40 of the Code of Federal Regulations (July 1, 2008 Edition). As used in this sub‑sub‑subdivision, "passenger motor vehicle" has the same meaning as "private passenger vehicle" as defined in G.S. 20‑4.01. Notwithstanding the requirements of sub‑sub‑subdivision 2a. of this sub‑subdivision, every request for proposals for new passenger motor vehicles to be purchased by the Department shall state a preference for vehicles that have a fuel economy for the new vehicle's model year that is in the top fifteen percent (15%) of its class of comparable automobiles. The award for every new passenger motor vehicle that is purchased by the Department shall be based on the Department's evaluation of the best value for the State, taking into account fuel economy ratings and life cycle cost that reasonably consider both projected fuel costs and acquisition costs. This sub‑sub‑subdivision does not apply to vehicles used in law enforcement, emergency medical response, and firefighting. The Department shall report the number of new passenger motor vehicles that are purchased as required by this sub‑sub‑subdivision, the savings or costs for the purchase of vehicles to comply with this sub‑sub‑subdivision, and the quantity and cost of fuel saved for the previous fiscal year on or before October 1 of each year to the Joint Legislative Commission on Governmental Operations and the Environmental Review Commission."

 

ELIMINATE BIENNIAL STATE OF THE ENVIRONMENT REPORT BY THE DEPARTMENT OF ENVIRONMENTAL QUALITY

SECTION 5.6.  G.S. 143B‑279.5 is repealed.

 

ELIMINATE ANNUAL REPORT ON FISH KILL ACTIVITY BY THE DEPARTMENT OF ENVIRONMENTAL QUALITY

SECTION 5.7.  G.S. 143B‑279.7(c) is repealed.

 

ELIMINATE THE ENVIRONMENTAL MANAGEMENT COMMISSION QUARTERLY REPORT ON DEVELOPING ENGINEERING STANDARDS GOVERNING MUNICIPAL AND DOMESTIC SYSTEMS TO ALLOW REGIONAL INTERCONNECTION

SECTION 5.8.  Section 11.1 of S.L. 1999‑329 reads as rewritten:

"Section 11.1.  The Environmental Management Commission shall develop engineering standards governing municipal and domestic wastewater collection systems that will allow interconnection of these systems on a regional basis. The Commission shall report on its progress in developing the engineering standards required by this section as a part of each quarterly report the Commission makes to the Environmental Review Commission pursuant to G.S. 143B-282(b)."

 

ELIMINATE BIENNIAL REPORT ON IMPLEMENTATION OF THE NORTH CAROLINA BEACH AND INLET MANAGEMENT PLAN BY THE DEPARTMENT OF ENVIRONMENTAL QUALITY

SECTION 5.9.  Section 13.9(d) of S.L. 2000‑67 reads as rewritten:

"Section 13.9.(d)  Each plan shall be as complete as resources and available information allow. The Department of Environment and Natural Resources shall revise the plan every two years and shall submit the revised plan to the General Assembly no later than March 1 of each odd-numbered year.  The Department may issue a supplement to the plan in even-numbered years if significant new information becomes available."

 

ELIMINATE ANNUAL REPORT ON INFORMAL REVIEW PROCESS FOR AGENCY REVIEW OF ENGINEERING WORK

SECTION 5.10.  Sections 29(j) and 29(k) of S.L. 2014‑120 are repealed.

 

CONSOLIDATE REPORTS ON THE COASTAL HABITAT PROTECTION PLAN

SECTION 5.11.(a)  G.S. 143B‑279.8(e) reads as rewritten:

"(e)      The Coastal Resources Commission, the Environmental Management Commission, and the Marine Fisheries Commission shall report to the Joint Legislative Commission on Governmental Operations and the Environmental Review Commission on progress in developing and implementing the Coastal Habitat Protection Plans, including the extent to which the actions of the three commissions are consistent with the Plans, on or before 1 SeptemberSeptember 1 of each year.year in which any significant revisions to the Plans are made."

SECTION 5.11.(b)  G.S. 143B‑279.8(f) is repealed.

 

CONSOLIDATE AND REDUCE FREQUENCY OF REPORTS ON COST AND IMPLEMENTATION OF ENVIRONMENTAL PERMITTING PROGRAMS

SECTION 5.12.(a)  G.S. 143‑215.3A(c) reads as rewritten:

"(c)      The Department shall report to the Environmental Review Commission and the Fiscal Research Division on the cost of the State's environmental permitting programs contained within the Department on or before 1 November January 1 of each odd‑numbered year. The report shall include, but is not limited to, fees set and established under this Article, fees collected under this Article, revenues received from other sources for environmental permitting and compliance programs, changes made in the fee schedule since the last report, anticipated revenues from all other sources, interest earned and any other information requested by the General Assembly. The Department shall submit this report with the report required by G.S. 143B‑279.17 as a single report."

SECTION 5.12.(b)  G.S. 143B‑279.17 reads as rewritten:

"§ 143B‑279.17.  Tracking and report on permit processing times.

The Department of Environmental Quality shall track the time required to process all permit applications in the One‑Stop for Certain Environmental Permits Programs established by G.S. 143B‑279.12 and the Express Permit and Certification Reviews established by G.S. 143B‑279.13 that are received by the Department. The processing time tracked shall include (i) the total processing time from when an initial permit application is received to issuance or denial of the permit and (ii) the processing time from when a complete permit application is received to issuance or denial of the permit. No later than March 1January 1 of each odd‑numbered year, the Department shall report to the Fiscal Research Division of the General Assembly and the Environmental Review Commission on the permit processing times required to be tracked pursuant to this section. The Department shall submit this report with the report required by G.S. 143‑215.3A(c) as a single report."

SECTION 5.12.(c)  The first combined report required by subsections (a) and (b) of this section shall be submitted to the Environmental Review Commission and the Fiscal Research Division no later than January 1, 2017.

 

CONSOLIDATE AND REDUCE FREQUENCY OF REPORTS BY THE ENVIRONMENTAL MANAGEMENT COMMISSION

SECTION 5.13.(a)  G.S. 143B‑282(b) reads as rewritten:

"(b)      The Environmental Management Commission shall submit quarterly written reports as to its operation, activities, programs, and progress to the Environmental Review Commission.Commission by January 1 of each year. The Environmental Management Commission shall supplement the written reports required by this subsection with additional written and oral reports as may be requested by the Environmental Review Commission. The Environmental Management Commission shall submit the written reports required by this subsection whether or not the General Assembly is in session at the time the report is due."

SECTION 5.13.(b)  G.S. 143‑215.1(h) reads as rewritten:

"(h)      Each applicant for a new permit or the modification of an existing permit issued under subsection (c) of this section shall include with the application: (i) the extent to which the new or modified facility is constructed in whole or in part with funds provided or administered by the State or a unit of local government, (ii) the impact of the facility on water quality, and (iii) whether there are cost‑effective alternative technologies that will achieve greater protection of water quality. The Commission shall prepare a quarterly an annual summary and analysis of the information provided by applicants pursuant to this subsection. The Commission shall submit the summary and analysis required by this subsection to the Environmental Review Commission (ERC) as a part of each quarterly annual report that the Commission is required to make to the ERC under G.S. 143B‑282(b)."

SECTION 5.13.(c)  The first combined report required by subsections (a) and (b) of this section shall be submitted to the Environmental Review Commission no later than January 1, 2017.

 

CONSOLIDATE WASTE MANAGEMENT REPORTS BY THE DEPARTMENT OF ENVIRONMENTAL QUALITY

SECTION 5.14.(a)  G.S. 130A‑309.06(c) reads as rewritten:

"(c)      The Department shall report to the Environmental Review Commission and the Fiscal Research Division on or before 15 JanuaryJanuary 15 of each year on the status of solid waste management efforts in the State. The report shall include:

(1)        A comprehensive analysis, to be updated in each report, of solid waste generation and disposal in the State projected for the 20‑year period beginning on 1 July July 1, 1991.

(2)        The total amounts of solid waste recycled and disposed of and the methods of solid waste recycling and disposal used during the calendar year prior to the year in which the report is published.

(3)        An evaluation of the development and implementation of local solid waste management programs and county and municipal recycling programs.

(4)        An evaluation of the success of each county or group of counties in meeting the municipal solid waste reduction goal established in G.S. 130A‑309.04.

(5)        Recommendations concerning existing and potential programs for solid waste reduction and recycling that would be appropriate for units of local government and State agencies to implement to meet the requirements of this Part.

(6)        An evaluation of the recycling industry, the markets for recycled materials, the recycling of polystyrene, and the success of State, local, and private industry efforts to enhance the markets for these materials.

(7)        Recommendations to the Governor and the Environmental Review Commission to improve the management and recycling of solid waste in the State, including any proposed legislation to implement the recommendations.

(8)        A description of the condition of the Solid Waste Management Trust Fund and the use of all funds allocated from the Solid Waste Management Trust Fund, as required by G.S. 130A‑309.12(c).

(9)        A description of the review and revision of bid procedures and the purchase and use of reusable, refillable, repairable, more durable, and less toxic supplies and products by both the Department of Administration and the Department of Transportation, as required by G.S. 130A‑309.14(a1)(3).

(10)      A description of the implementation of the North Carolina Scrap Tire Disposal Act that includes the amount of revenue used for grants and to clean up nuisance tire collection under the provisions of G.S 130A‑309.64.

(11)      A description of the management of white goods in the State, as required by G.S. 130A‑309.85.

(12)      A summary of the report by the Department of Transportation on the amounts and types of recycled materials that were specified or used in contracts that were entered into by the Department of Transportation during the previous fiscal year, as required by G.S. 136‑28.8(g).

(13)      Repealed by Session Laws 2010‑142, s. 1, effective July 22, 2010.

(14)      (Expiring October 1, 2023) A description of the activities related to the management of abandoned manufactured homes in the State in accordance with G.S. 130A‑117, the beginning and ending balances in the Solid Waste Management Trust Fund for the reporting period and the amount of funds used, itemized by county, for grants made under Part 2F of Article 9 of Chapter 130A of the General Statutes.

(15)      A report on the recycling of discarded computer equipment and televisions in the State pursuant to G.S. 130A‑309.140(a).

(16)      An evaluation of the Brownfields Property Reuse Act pursuant to G.S. 130A‑310.40.

(17)      A report on the Inactive Hazardous Waste Response Act of 1987 pursuant to G.S. 130A‑310.10(a).

(18)      A report on the Dry‑Cleaning Solvent Cleanup Act of 1997 pursuant to G.S. 143‑215.104U(a) until such time as the act expires pursuant to Part 6 of Article 21A of Chapter 143 of the General Statutes.

(19)      A report on the implementation and cost of the hazardous waste management program pursuant to G.S. 130A‑294(i)."

SECTION 5.14.(b)  G.S. 130A‑309.140(a) reads as rewritten:

"(a)      No later than January 15 of each year, the Department shall submit a report on The Department shall include in the status of solid waste management report required to be submitted on or before January 15 of each year pursuant to G.S. 130A‑309.06(c) a report on the recycling of discarded computer equipment and televisions in the State under this Part to the Environmental Review Commission.Part. The report must include an evaluation of the recycling rates in the State for discarded computer equipment and televisions, a discussion of compliance and enforcement related to the requirements of this Part, and any recommendations for any changes to the system of collection and recycling of discarded computer equipment, televisions, or other electronic devices."

SECTION 5.14.(c)  G.S. 130A‑310.40 reads as rewritten:

"§ 130A‑310.40.  Legislative reports.

The Department shall prepare and submit to the Environmental Review Commission, concurrently with the report on the Inactive Hazardous Sites Response Act of 1987 required under G.S. 130A‑310.10, include in the status of solid waste management report required to be submitted on or before January 15 of each year pursuant to G.S. 130A‑309.06(c) an evaluation of the effectiveness of this Part in facilitating the remediation and reuse of existing industrial and commercial properties. This evaluation shall include any recommendations for additional incentives or changes, if needed, to improve the effectiveness of this Part in addressing such properties. This evaluation shall also include a report on receipts by and expenditures from the Brownfields Property Reuse Act Implementation Account."

SECTION 5.14.(d)  G.S. 130A‑310.10(a) reads as rewritten:

"(a)      The Secretary shall include in the status of solid waste management report required to be submitted on or before January 15 of each year pursuant to G.S. 130A‑309.06(c) a report on inactive hazardous sites to the Joint Legislative Commission on Governmental Operations, the Environmental Review Commission, and the Fiscal Research Division on or before October 1 of each year. The report shall includethat includes at least the following:

(1)        The Inactive Hazardous Waste Sites Priority List.

(2)        A list of remedial action plans requiring State funding through the Inactive Hazardous Sites Cleanup Fund.

(3)        A comprehensive budget to implement these remedial action plans and the adequacy of the Inactive Hazardous Sites Cleanup Fund to fund the cost of said plans.

(4)        A prioritized list of sites that are eligible for remedial action under CERCLA/SARA together with recommended remedial action plans and a comprehensive budget to implement such plans. The budget for implementing a remedial action plan under CERCLA/SARA shall include a statement as to any appropriation that may be necessary to pay the State's share of such plan.

(5)        A list of sites and remedial action plans undergoing voluntary cleanup with Departmental approval.

(6)        A list of sites and remedial action plans that may require State funding, a comprehensive budget if implementation of these possible remedial action plans is required, and the adequacy of the Inactive Hazardous Sites Cleanup Fund to fund the possible costs of said plans.

(7)        A list of sites that pose an imminent hazard.

(8)        A comprehensive budget to develop and implement remedial action plans for sites that pose imminent hazards and that may require State funding, and the adequacy of the Inactive Hazardous Sites Cleanup Fund.

(8a)      Repealed by Session Laws 2015‑286, s. 4.7(f), effective October 22, 2015.

(9)        Any other information requested by the General Assembly or the Environmental Review Commission."

SECTION 5.14.(e)  G.S. 143‑215.104U reads as rewritten:

"§ 143‑215.104U.  Reporting requirements.

(a)        The Secretary shall present an annual report to the Environmental Review Commission that shall include include in the status of solid waste management report required to be submitted on or before January 15 of each year pursuant to G.S. 130A‑309.06(c) a report on at least the following:

(1)        A list of all dry‑cleaning solvent contamination reported to the Department.

(2)        A list of all facilities and abandoned sites certified by the Commission and the status of contamination associated with each facility or abandoned site.

(3)        An estimate of the cost of assessment and remediation required in connection with facilities or abandoned sites certified by the Commission and an estimate of assessment and remediation costs expected to be paid from the Fund.

(4)        A statement of receipts and disbursements for the Fund.

(5)        A statement of all claims against the Fund, including claims paid, claims denied, pending claims, anticipated claims, and any other obligations.

(6)        The adequacy of the Fund to carry out the purposes of this Part together with any recommendations as to measures that may be necessary to assure the continued solvency of the Fund.

(b)        The Secretary shall make the annual report required by this section on or before 1 October of each year."

SECTION 5.14.(f)  G.S. 130A‑294(i) reads as rewritten:

"(i)       The Department shall report to Fiscal Research Division of the General Assembly, the Senate Appropriations Subcommittee on Natural and Economic Resources, the House Appropriations Subcommittee on Natural and Economic Resources, and the Environmental Review Commission on or before January 1 of each year include in the status of solid waste management report required to be submitted on or before January 15 of each year pursuant to G.S. 130A‑309.06(c) a report on the implementation and cost of the hazardous waste management program. The report shall include an evaluation of how well the State and private parties are managing and cleaning up hazardous waste. The report shall also include recommendations to the Governor, State agencies, and the General Assembly on ways to: improve waste management; reduce the amount of waste generated; maximize resource recovery, reuse, and conservation; and minimize the amount of hazardous waste which must be disposed of. The report shall include beginning and ending balances in the Hazardous Waste Management Account for the reporting period, total fees collected pursuant to G.S. 130A‑294.1, anticipated revenue from all sources, total expenditures by activities and categories for the hazardous waste management program, any recommended adjustments in annual and tonnage fees which may be necessary to assure the continued availability of funds sufficient to pay the State's share of the cost of the hazardous waste management program, and any other information requested by the General Assembly. In recommending adjustments in annual and tonnage fees, the Department may propose fees for hazardous waste generators, and for hazardous waste treatment facilities that treat waste generated on site, which are designed to encourage reductions in the volume or quantity and toxicity of hazardous waste. The report shall also include a description of activities undertaken to implement the resident inspectors program established under G.S. 130A‑295.02. In addition, the report shall include an annual update on the mercury switch removal program that shall include, at a minimum, all of the following:

(1)        A detailed description of the mercury recovery performance ratio achieved by the mercury switch removal program.

(2)        A detailed description of the mercury switch collection system developed and implemented by vehicle manufacturers in accordance with the NVMSRP.

(3)        In the event that a mercury recovery performance ratio of at least 0.90 of the national mercury recovery performance ratio as reported by the NVMSRP is not achieved, a description of additional or alternative actions that may be implemented to improve the mercury switch removal program.

(4)        The number of mercury switches collected and a description of how the mercury switches were managed.

(5)        A statement that details the costs required to implement the mercury switch removal program, including a summary of receipts and disbursements from the Mercury Switch Removal Account."

SECTION 5.14.(g)  The first combined report required by subsections (a) through (f) of this section shall be submitted to the Environmental Review Commission and the Fiscal Research Division no later than January 15, 2017.

 

CONSOLIDATE SEDIMENTATION POLLUTION CONTROL ACT AND STORMWATER REPORTS

SECTION 5.15.(a)  G.S. 113A‑67 reads as rewritten:

"§ 113A‑67.  Annual Report.

The Department shall report to the Environmental Review Commission on the implementation of this Article on or before 1 OctoberOctober 1 of each year. The Department shall include in the report an analysis of how the implementation of the Sedimentation Pollution Control Act of 1973 is affecting activities that contribute to the sedimentation of streams, rivers, lakes, and other waters of the State. The report shall also include a review of the effectiveness of local erosion and sedimentation control programs. The report shall be submitted to the Environmental Review Commission with the report required by G.S. 143‑214.7(e) as a single report."

SECTION 5.15.(b)  G.S. 143‑214.7(e) reads as rewritten:

"(e)      On or before October 1 of each year, the Commission Department shall report to the Environmental Review Commission on the implementation of this section, including the status of any stormwater control programs administered by State agencies and units of local government. The status report shall include information on any integration of stormwater capture and reuse into stormwater control programs administered by State agencies and units of local government. The report shall be submitted to the Environmental Review Commission with the report required by G.S. 113A‑67 as a single report."

SECTION 5.15.(c)  The first combined report required by subsections (a) and (b) of this section shall be submitted to the Environmental Review Commission no later than October 1, 2016.

 

CONSOLIDATE VARIOUS WATER RESOURCES AND WATER QUALITY REPORTS BY THE DEPARTMENT OF ENVIRONMENTAL QUALITY

SECTION 5.16.(a)  G.S. 143‑355(n) is repealed.

SECTION 5.16.(b)  G.S. 143‑355(o)(9) is repealed.

SECTION 5.16.(c)  G.S. 143‑355 is amended by adding a new subsection to read:

"(p)      Report. – The Department of Environmental Quality shall report to the Environmental Review Commission on the implementation of this section, including the development of the State water supply plan and the development of basinwide hydrologic models, no later than November 1 of each year. The Department shall submit the report required by this subsection with the report on basinwide water quality management plans required by G.S. 143‑215.8B(d) as a single report."

SECTION 5.16.(d)  G.S. 143‑215.8B(d) reads as rewritten:

"(d)      The As a part of the report required pursuant to G.S. 143‑355(p), the Commission and the Department shall each report on or before 1 OctoberNovember 1 of each year on an annual basis to the Environmental Review Commission on the progress in developing and implementing basinwide water quality management plans and on increasing public involvement and public education in connection with basinwide water quality management planning. The report to the Environmental Review Commission by the Department shall include a written statement as to all concentrations of heavy metals and other pollutants in the surface waters of the State that are identified in the course of preparing or revising the basinwide water quality management plans."

SECTION 5.16.(e)  The first combined report required by subsections (c) and (d) of this section shall be submitted to the Environmental Review Commission no later than November 1, 2016.

 

CONSOLIDATE REPORTS BY THE DIVISION OF WATER INFRASTRUCTURE OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY AND THE STATE WATER INFRASTRUCTURE AUTHORITY

SECTION 5.17.(a)  G.S. 159G‑26(a) reads as rewritten:

"(a)      Requirement. – The Department must shall publish a report each year on the accounts in the Water Infrastructure Fund that are administered by the Division of Water Infrastructure. The report must shall be published by 1 November 1 of each year and cover the preceding fiscal year. The Department must shall make the report available to the public and must shall give a copy of the report to the Environmental Review Commission and theCommission, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division of the Legislative Services Commission.Division with the report required by G.S. 159G‑72 as a single report."

SECTION 5.17.(b)  G.S. 159G‑72 reads as rewritten:

"§ 159G‑72.  State Water Infrastructure Authority; reports.

No later than November 1 of each year, the Authority shall submit a report of its activity and findings, including any recommendations or legislative proposals, to the Senate Appropriations Committee on Natural and Economic Resources, the House of Representatives Appropriations Subcommittee on Natural and Economic Resources, and the Fiscal Research Division of the Legislative Services Commission. Environmental Review Commission, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division with the report required by G.S. 159G‑26(a) as a single report."

SECTION 5.17.(c)  The first combined report required by subsections (a) and (b) of this section shall be submitted to the Environmental Review Commission, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division no later than November 1, 2016.

 

CONSOLIDATE REPORTS BY SOIL AND WATER CONSERVATION COMMISSION AND THE DIVISION OF SOIL AND WATER CONSERVATION OF THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

SECTION 5.18.(a)  G.S. 106‑850(e) reads as rewritten:

"(e)      The Soil and Water Conservation Commission shall report on or before 31 January 31 of each year to the Environmental Review Commission, the Department of Agriculture and Consumer Services, and the Fiscal Research Division. This report shall include a list of projects that received State funding pursuant to the program, the results of the evaluations conducted pursuant to subdivision (7) of subsection (b) of this section, findings regarding the effectiveness of each of these projects to accomplish its primary purpose, and any recommendations to assure that State funding is used in the most cost‑effective manner and accomplishes the greatest improvement in water quality. This report shall be submitted to the Environmental Review Commission and the Fiscal Research Division with the reports required by G.S. 106‑860(e) and G.S. 139‑60(d) as a single report."

SECTION 5.18.(b)  G.S. 106‑860(e) reads as rewritten:

"(e)      Report. – The Soil and Water Conservation Commission shall report no later than 31 January 31 of each year to the Environmental Review Commission, the Department of Agriculture and Consumer Services, and the Fiscal Research Division. The report shall include a summary of projects that received State funding pursuant to the Program, the results of the evaluation conducted pursuant to subdivision (5) of subsection (b) of this section, findings regarding the effectiveness of each project to accomplish its primary purpose, and any recommendations to assure that State funding is used in the most cost‑effective manner and accomplishes the greatest improvement in water quality. This report shall be submitted to the Environmental Review Commission and the Fiscal Research Division as a part of the report required by G.S. 106‑850(e)."

SECTION 5.18.(c)  G.S. 139‑60(d) reads as rewritten:

"(d)      Report. – No later than January 31 of each year, the Division of Soil and Water Conservation of the Department of Agriculture and Consumer Services shall prepare a comprehensive report on the implementation of subsections (a) through (c) of this section. The report shall be submitted to the Environmental Review Commission and the Fiscal Research Division as a part of the report required by G.S. 106‑850(e)."

SECTION 5.18.(d)  The first combined report required by subsections (a) through (c) of this section shall be submitted to the Environmental Review Commission and the Fiscal Research Division no later than January 31, 2017.

 

DECREASE REPORTING FREQUENCY ON TERMINAL GROINS PILOT PROJECT BY THE COASTAL RESOURCES COMMISSION

SECTION 5.19.  G.S. 113A‑115.1(i) reads as rewritten:

"(i)       No later than September 1 of each year,January 1, 2017, and every five years thereafter, the Coastal Resources Commission shall report to the Environmental Review Commission on the implementation of this section. The report shall provide a detailed description of each proposed and permitted terminal groin and its accompanying beach fill project, including the information required to be submitted pursuant to subsection (e) of this section. For each permitted terminal groin and its accompanying beach fill project, the report shall also provide all of the following:

(1)        The findings of the Commission required pursuant to subsection (f) of this section.

(2)        The status of construction and maintenance of the terminal groin and its accompanying beach fill project, including the status of the implementation of the plan for construction and maintenance and the inlet management plan.

(3)        A description and assessment of the benefits of the terminal groin and its accompanying beach fill project, if any.

(4)        A description and assessment of the adverse impacts of the terminal groin and its accompanying beach fill project, if any, including a description and assessment of any mitigation measures implemented to address adverse impacts."

 

DECREASE REPORTING FREQUENCY ON PARKS SYSTEM PLAN BY THE DEPARTMENT OF NATURAL AND CULTURAL RESOURCES

SECTION 5.20.  G.S. 143B‑135.48(d) reads as rewritten:

"(d)      No later than October 1 of each year,October 1, 2016, and every five years thereafter, the Department shall submit electronically the State Parks System Plan to the Environmental Review Commission, the Senate and the House of Representatives appropriations committees with jurisdiction over natural and cultural resources, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division. Concurrently, the Department shall submit a summary of each change to the Plan that was made during the previous fiscal year.five fiscal years."

 

REDIRECT INTERAGENCY REPORT ON SUPERFUND COST SHARE TO THE ANER OVERSIGHT COMMITTEE

SECTION 5.21.  Section 15.6 of S.L. 1999‑237 reads as rewritten:

"Section 15.6.(a)  The Department of Environment and Natural ResourcesEnvironmental Quality may use available funds, with the approval of the Office of State Budget and Management, to provide the ten percent (10%) cost share required for Superfund cleanups on the National Priority List sites, to pay the operating and maintenance costs associated with these Superfund cleanups, and for the cleanup of priority inactive hazardous substance or waste disposal sites under Part 3 of Article 9 of Chapter 130A of the General Statutes.  These funds may be in addition to those appropriated for this purpose.

"Section 15.6.(b)  The Department of Environment and Natural ResourcesEnvironmental Quality and the Office of State Budget and Management shall report to the Environmental Review Commission and the Joint Legislative Commission on Governmental OperationsJoint Legislative Oversight Committee on Agriculture and Natural and Economic Resources the amount and the source of the funds used pursuant to subsection (a) of this section within 30 days of the expenditure of these funds."

 

REDIRECT REPORT ON EXPENDITURES FROM BERNARD ALLEN EMERGENCY DRINKING WATER FUND TO ANER OVERSIGHT COMMITTEE

SECTION 5.22.  G.S. 87‑98(e) reads as rewritten:

"(e)      The Department, in consultation with the Commission for Public Health and local health departments, shall report no later than October 1 of each year to the Environmental Review Commission, the House of Representatives and Senate Appropriations Subcommittees on Natural Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division of the General Assembly on the implementation of this section. The report shall include the purpose and amount of all expenditures from the Fund during the prior fiscal year, a discussion of the benefits and deficiencies realized as a result of the section, and may also include recommendations for any legislative action."

 

REDIRECT REPORT ON PARKS AND RECREATION TRUST FUND TO THE ANER OVERSIGHT COMMITTEE

SECTION 5.23.  G.S. 143B‑135.56(f) reads as rewritten:

"(f)       Reports. – The North Carolina Parks and Recreation Authority shall report no later than October 1 of each year to the Joint Legislative Commission on Governmental Operations, the House and Senate Appropriations Subcommittees on Natural and Economic Resources, Oversight Committee on Agriculture and Natural and Economic Resources, the Fiscal Research Division, and the Environmental Review Commission on allocations from the Trust Fund from the prior fiscal year. For funds allocated from the Trust Fund under subsection (c) of this section, this report shall include the operating expenses determined under subdivisions (1) and (2) of subsection (e) of this section."

 

PART VI. SEVERABILITY CLAUSE AND EFFECTIVE DATE

SECTION 6.1.  If any section or provision of this act is declared unconstitutional or invalid by the courts, it does not affect the validity of this act as a whole or any part other than the part declared to be unconstitutional or invalid.

SECTION 6.2.  Except as otherwise provided, this act is effective when it becomes law.