Conference report to the 6th edition makes the following changes.

Part I

Section 2.

Amends GS 143-214.7 (stormwater runoff rules and programs) as follows. Prevents the Department of Environmental Quality (DEQ) from requiring an applicant for a new permit to take any action with respect to an unaffiliated adjacent property and shall not condition issuance of a new permit on action to be taken by an existing permit holder with respect to the permitting of an unaffiliated adjacent property. Defines applicant, unaffiliated adjacent property, affiliate, parent, and subsidiary. Requires the Department, upon notice to the permit holder, to rescind a permit issued under GS 143-214.7 without the holder’s consent where the permitted development has not been initiated within five years after the date the permit was issued. 

Section 6.

Requires DEQ and the Wildlife Resources Commission (WRC) to annually report on the implementation and response to the fishery reporting requirements set forth in GS 113-170.3, including potential incentives to encourage reporting to the specified NCGA committee by May 1 of each year. Makes organizational change.

Section 7.

Amends GS 143-214.1A (water quality certification requirements for certain projects) as follows. Expands the scope of the statute to include maintenance dredging projects (defined) partially funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund, in addition to other listed projects and applications.  Amends the timeframes governing DEQ’s decision on an application under the statute to allow a decision to issue 90 days of the date the application is deemed complete if a public hearing is held. Makes conforming changes.

Section 8.

Directs the Environmental Management Commission (EMC) to review 15A 23 NCAC 02B .0208 (Standards for Toxic Substances and Temperature) to determine if the standards and methodologies for establishment of water quality criteria for specific pollutants included in the rule are scientifically sound, protective of human health and the environment, and  result in water quality criteria that are technologically achievable without placing undue economic burdens on publicly owned treatment works and their ratepayers. Requires the EMC to report its findings including any legislative recommendations to the specified NCGA Committee by no later than June 1, 2024.

Section 9.  

Changes the deadline DEQ’s submission of its human health risk assessment of 1,4-dioxane in drinking water from October 1, 2023 to May 1, 2024. Now directs the NC Collaboratory (was, DEQ) to evaluate the technologies that are commercially available to remove 1,4-dioxane from wastewater effluent at facilities at various flow volumes, including at flow volumes of greater than 1 million gallons per day. Changes the deadline for the Collaboratory’s report to the specified NCGA Committee from January 15, 2024, to May 1, 2024.

Section 10.5

Amends GS 113-229 (pertaining to permits to dredge or fill in or about estuarine waters or state owned lakes) to prevent DEQ from including any condition in a permit that restricts dredging activities to a specified time frame, except those time frames, or moratorium periods, that are required pursuant to the federal Clean Water Act and Endangered Species Act, regulations promulgated thereunder, or other applicable federal law.

Section 11.

Updates statutory numbers of new provisions pertaining to submersible polystyrene devices.

Section 14.

Reinstates the provision applying the requirement that nutrient offset credits must be applied to a wastewater permit by applying the TMDL transport factor to the permitted wastewater discharge and to the nutrient offset credits as specified in the 1999 Phase I TMDL, only to wastewater discharge permit applications for a local government located in the Neuse River Basin with a customer base of fewer than 15,000 connections.

Section 18.

Amends GS 143-215.1(f3) (pertaining to wastewater systems) as follows. Allows permittees for wastewater systems to calculate its wastewater flows for new dwelling units discharging to wastewater systems serving two or more dwelling units that have yet to be connected and for which the permittee has allocated capacity, at 75 gallons per day per bedroom, or at a lower rate approved by DEQ (currently, no mention of wastewater systems serving two or more dwelling units). Specifies that if wastewater, flows are calculated pursuant to this subdivision, the minimum volume of sewage from each dwelling unit is 75 gallons per day and each additional bedroom above one bedroom increases the volume by 75 gallons per day. Requires permittees to calculate its wastewater flows for new dwelling units discharging to wastewater systems serving two or more dwelling units that have yet to be connected and for which the permittee has not allocated capacity at 75 gallons per day per bedroom, or at a lower rate approved by DEQ. For wastewater flows calculated pursuant to this subdivision, the minimum volume of sewage from each dwelling unit is 75 gallons per day and each additional bedroom above one bedroom increases the volume by 75 gallons per day.

Requires the EMC to implement the Dwelling Wastewater Design Flow Rate Rule (15A NCAC 02T .0114) to be consistent with GS 143-215.1(f3) and (f4) as enacted by the act and the Demonstration of Future Wastewater Treatment Capacities Rule (15A 9 NCAC 02T .0118) to be consistent with GS 143-215.1(f5) as enacted by Section 1 of SL 2023-55. The Wastewater Design Flow Rate Rule applies to all permits for dwelling units issued on or after November 1, 2023. Both rules sunset when permanent rules are effective. Requires the EMC to adopt rules consistent with these provisions. . Applies the APA’s effective date provisions triggered when 10 or more written objections are received to the rule (GS 150B-21.3).

Requires the EMC to study whether to amend the flow rates established pursuant to 15A NCAC 02T .0114(c) for schools, charter schools, boarding schools, preschools, and day care facilities, including schools with or without cafeterias, gyms, and showers, to consider reduced water consumption associated with new plumbing fixtures and appliances.

Deletes provisions authorizing the EMC to amend wastewater design flow rates consistent with SL 2023-55.

Section 19.

Requires DEQ to study proper handling of end-of-life lithium-ion batteries, and specifically whether any exceptions to a ban on disposal in landfills based on the size of a battery are appropriate. Requires DEQ to report its findings, including any recommendations for legislative action, to the EMC no later than May 1, 2024. (Previously, DEQ could enact rules to establish a regulatory framework for the proper handling of end-of-life lithium batteries and photovoltaic modules.)

Section 25.

Enacts Article 85A (Supply Chain Emergency Act) to GS Chapter 106. Sets forth procedures for when the Commissioner of Agriculture (Commissioners), in consultation with poultry/protein processors and slaughter facilities, determines that there is a imminent threat to or a disruption of the agricultural supply chain or food supply chain with respect to poultry or livestock due to a lack of capacity at rendering facilities or landfills, including authorizing the Commissioner to take emergency measures, which are not subject to the APA. Specifies that any emergency measures cannot last longer than 90 days and may only be renewed once.  

Part II

Section 27.

Changes the number of the new statute to GS 160A-499.7 (pertaining to online marketplaces).

Section 28.

Changes the section's effective date to January 1, 2024.

Section 30.

Amends GS 131E-78.5(a2) (stroke center designations) to allow the recognition of Primary Stoke Centers that offer mechanical endovascular therapies but have not been certified as Thrombectomy-Capable Stroke Centers as "Primary Stroke Centers with endovascular services" (was, may recognize those that have not been certified as Thrombectomy-Capable Stroke Centers but have attained a level of stroke care distinction by offering mechanical endovascular therapies).

Section 31.

Amends GS 90-414.6 (State ownership of the Health Information Exchange [HIE] Network data) to specify that patient identifiers created and utilized by the Authority to integrate identity data in the HIE Network, along with the minimum necessary required demographic information related to those patients, will be released to the NC Government Data Analytics Center (GDAC) and the Department of Health and Human Services (DHHS) by the NC HIE Authority for purposes of entity resolution and master data management. Specifies that the identifiers are not considered public records.

Makes conforming changes to GS 143B-1385 (pertaining to GDAC) and authorizes GDAC to release identifiers to State agencies, departments, and institutions as part of the initiative for the purposes of entity resolution and master data management. Effective December 1, 2023.

Section 34.

Amends GS 143B-1333, the Department of Information Technology’s (DIT) Internal Service Fund (ISF), as follows. Expands what is funded through the fee scheme established under the statute to include all of DIT’s procurement activities, including the Statewide IT Procurement Office (currently fees are directed to the IT Strategic Sourcing Office).   

Section 38.

Extends the effective date to December 31, 2025, for the following six rules adopted by the Appraisal Board on April 19, 2022: (1) 21 NCAC 57A .0201 (Qualifications for Trainee Registration and Appraiser Licensure and Certification); (2) 21 NCAC 57A .0405 (Appraisal Reports); (3) 21 NCAC 57A .0407 (Supervision of Trainees); (4) 21 NCAC 57A .0601 (Experience Credit to Upgrade); (5) 21 NCAC 57A .0604 (Types of Appraisal Experience); and (6) 21 NCAC 57A .0605 (Reporting Appraisal Experience).

Section 40.

Repeals GS 115C-218.35(e) (requiring charter schools to comply with directive requiring the local board of education to inquire to local systems regarding water and sewerage capacity). Enacts GS 115C-218.36, which directs the board of directors of a charter school, prior to applying for a development approval, to inquire directly to water and sewerage system about their capacity to serve the proposed charter school facility. Sets forth timelines for response. If the public system has the capacity, directs the system to reserve the necessary capacity for the proposed charter school facility for 24 months from the date of the written inquiry from the board of directors. Upon costs associated with water and sewer infrastructure for the proposed charter school facility having been incurred by the board or an agent of the board, neither the public system nor a local government can deny access to the public system in which capacity is reserved for the proposed charter school facility during the 24-month period.

Section 41.

Amends GS 150B-21.7 (effect of transfer of duties or termination of agency on rules under the APA) to require agencies to notify the Codifier of Rules within 30 days after either an executive order or law abolishes part or all of an agency and does not transfer a function of that agency to another agency, thus causing a rule concerning a function abolished by the law/executive order to be repealed (currently, law just requires the agency to notify the Codifier without any timeframe of when that notice must be provided). Specifies that if the Codifier does not receive timely notice, then the Codifier must remove the rule from the State administrative code after notice to the agency.

Section 42.

Prevents an agency of this State from enforcing against any person a policy, guideline, or other interpretive statement that describes the procedure or practice requirements of the agency unless those requirements have been adopted as a rule in accordance with the APA.

Section 43.

Expands the exemptions pertaining to the procedures for letting public contracts under GS 143-129(e) to include repair work made through a competitive bidding group purchasing program (defined) involving a combination of installation labor and equipment acquisition (currently, just purchases made through a competitive bidding group purchasing program). 

Section 44.  

Enacts new GS 153A-134.1 (pertaining to regulation of battery-charged security fences--counties) and GS 160A-194.1(pertaining to regulation of battery-charged fences-cities). Defines a battery-charged security fence to mean an alarm system and ancillary components, or equipment attached to that system, including a fence, a battery-operated energizer intended to periodically deliver voltage impulses to the fence, and a battery charging device used exclusively to charge the battery. Establishes the following seven requirements that all battery-charged security fences are required to meet: (1) interfaces with a monitored alarm device enabling the alarm system to transmit a signal intended to summon the business or law enforcement in response to an intrusion or burglary; (2) is located on property that is not designated by a county or city exclusively for residential use; (3) has an energizer powered by a commercial storage battery that is not more than 12 volts of direct current; (4) has an energizer that meets the standards established by the most current  version of the International Electrotechnical Commission Standard 60335-2-76; (5) is surrounded by a non-electric perimeter fence or wall that is not less than 5 feet in height; (6) does not exceed 10 feet in height or 2 feet higher than the non-electric perimeter fence or wall, whichever is higher; (7) is marked with conspicuous warning signs that are located on the battery-charged security fence at not more than 30-foot intervals and read: "WARNING—ELECTRIC FENCE".

Bars counties and cities from (1) adopting ordinances, rules, or regulations that require a permit, fee, review, or approval for the use or installation of a battery-charged security fence beyond any permit that may be required by an ordinance adopted by the county’s governing board under GS 74D-11; (2) imposing installation or operating requirements inconsistent with the described standards; (3) prohibiting the installation or use of battery-operated security fences on property zoned for nonresidential purposes.  

Section 45.

Amends requirements for interpreter and transliterator licensure. Amends certification requirements under GS 90D-7 to include North Carolina Interpreter and Transliterator Licensing Board (Board) approved national entities in lieu of certification by the Registry of Interpreters for the Deaf, Inc and removes the option of holding a quality assurance North Carolina Interpreter Classification System level A or B. Amends GS 90D-8 to include a requirement of a two-year associate degree in interpreting from an accredited institution (was, one of the four options) for provisional licensure as an interpreter or transliterator; also raises the minimum assessment score for Educational Interpreter Performance Assessment (EIPA) from 3 to 3.5 and allows for other certifications from Board-approved bodies to be considered for licensure. To meet statutory hourly requirements, interpreters and transliterators shall provide documentation when applying for provisional licensure. Effective December 1, 2023.

Requires the North Carolina Interpreter and Transliterator Licensing Board to adopt temporary rules to implement the provisions of this act, which will remain in effect until permanent rules that replace the temporary rules become effective.

Section 46.

Enacts GS 143B-1033. Prohibits employers from discriminating against or taking any adverse employment actions against an employee based on either the employee's membership in the NC Wing-Air Patrol, or the employee's statutorily authorized absence, meaning one that is required to perform duties incident to a State approved mission or US Air Force authorized mission, is no longer than seven consecutive scheduled working days for the employee, and which does not exceed 14 scheduled working day absences for the employee in one calendar year. Permits the employer to require documentation of the employee's mission order. Specifies that the enactment does not require an employer to pay salary or wages to an employee during an authorized absence unless the employee chooses to use paid leave. Applies to absences occurring on or after December 1, 2023.

Part III

Section 50.

Updates the reference to the repeal of Section 12 of SL 2023-108 to reflect the passage of H 488.

Section 51.

Amends GS 143-136.1(a), as enacted by SL 2023-108, by amending the membership of the Residential Code Council as follows. Requires that members appointed by the NCGA upon recommendation of the Speaker of the House to hold (1) an unlimited general contractor license and specialize in residential construction (was, only hold an unlimited residential contractor license) and (2) an unlimited, intermediate, or limited general contractor license (was, an unlimited general contactor license) and specialize in coastal construction. Requires a member appointed by the NCGA upon recommendation of the Speaker Pro Tempore to hold (1) an unlimited or intermediate general contractor license and specialize in residential construction (was, hold an intermediate residential contractor license only) and (2) an unlimited, intermediate, or limited general contractor license and specialize in residential construction (was, hold a limited residential contractor license only).

Effective January 1, 2025.

Section 52.

Amends GS 20-116 to increase the height limit on vehicles from 13 feet, six inches, to 14 feet. Applies to offenses committed on or after December 1, 2023.

Section 53.

Amends GS 131E-13, which concerns the lease or sale of hospital facilities to or from for-profit or nonprofit corporations or other business entities by municipalities and hospital authorities. Adds that the statute does not apply to leases in which the same tenant has continuously held possession of a hospital facility, or part of a hospital facility, since at least June 30, 1984. Adds that subsection (d) of the statute, which sets forth eight requirements that must be met before a municipality or hospital authority leases, sells, or conveys a hospital facility or part of a hospital facility, does not apply to subleases in which the same tenant, acting as a sublessor, has continuously held possession of a hospital facility, or part of a hospital facility, since at least June 30, 1984; however, upon notice by the tenant to a municipality or hospital authority that the tenant, acting as a sublessor, has approved a sublease of a hospital facility, or part of a hospital facility, the municipality or hospital authority must comply with the provisions of subdivisions (h)(1) through (h)(4) of this statute (concerning requirements to be met when a lease sale, or conveyance has not been approved and additional prospective leases or buyers are solicited). Makes clarifying changes to the statute. Effective January 1, 2024.

Removes proposed GS 90-413 (pertaining to retention of medical records).

Deletes proposed Shallow Draft Applicability Rule.

Removes proposed changes to GS 87-1 (pertaining to general contractor project cost minimums); GS 87-14 (regulations as to issue of building permits); GS 143-138(b5) (permit exclusions for minor activities); GS 143-138(b21) (permit exclusion for certain minor activities in commercial buildings and structures); GS 160D-1110(c) and (g) (project cost minimums under the State building code); GS 160D-1110(d) (pertaining to local government permitting under the State building code); GS 44A-11.1(a)(liens relating to improvements on real property); and GS 89D-12(c) (landscape contractors).

Deletes proposed changes to GS 130A-335(c2) (prohibiting counties from regulating certain off-site wastewater systems). 

Makes conforming and organizational changes.

Senate amendments to the 5th edition make the following changes.

Amendment #1 makes the following changes.

Section 2

Amends GS 143-214.7(b5) by removing the Department of Environmental Quality (DEQ) as one of the possible recipients of an application for a new stormwater permit, or the reissuance of a permit due to transfer, modification, or renewal.

Section 4

Amends the implementation of the Post-Construction Stormwater Rule, 15A NCAC 02H .1001, to exempt from the Rule public linear (was, linear) transportation projects undertaken by an entity other than the North Carolina Department of Transportation, or a unit of local government (was, DOT only) that are part of a common plan of development.

Section 6

Amends GS 113-170.3 by separating out the responsibilities of the Fisheries Director of the North Carolina Division of Marine Fisheries and the Executive Director of the Wildlife Resources Commission related to violations of the reporting requirements by any person (1) who recreationally harvests a listed fish from coastal fishing waters, joint fishing waters, and inland fishing waters adjacent to coastal or joint fishing waters and (2) holding a commercial fishing license engaged in a commercial fishing operation who harvests any fish in coastal or joint fishing waters, as follows. Authorizes the Fisheries Director to suspend, revoke, or refuse to issue a commercial or recreational fishing license for an individual guilty of an infraction for violations. Authorizes the Executive Director to revoke or refuse to issue a recreational fishing license issued by the Wildlife Resources Commission for any individual guilty of an infraction for violations for two consecutive years or upon failure to pay outstanding infraction fines when required to do so.

Section 7.1

Amends proposed GS 143-214.1A, as follows. Specifies that the listed requirements apply to applications for certification under section 401 of the Clean Water Act for projects involving the distribution or transmission of energy or fuel, including natural gas, diesel, petroleum, or electricity (previously not limited to the specified types of projects). Amends those applicable requirements as follows. Makes the requirements for the determination of and notification of application completeness also applicable to supplemental applications or to supplemental information on a pending application. Adds that an application is deemed incomplete only if it does not provide sufficient information necessary for DEQ to determine if the proposed discharges into navigable waters will comply with State water quality requirements. Provides that for the purposes of this statute, State water quality requirements means water quality standards approved by the US EPA and in effect for purposes of the federal Clean Water Act. Requires DEQ to issue a public notice soliciting comments on the application within 5 days of the date the application is deemed complete. Requires that the application be approved or denied within 60 days of the date that the application is deemed complete (was, within 60 days of the filing of a completed application). Provides that the 60-day review period constitutes the reasonable period of time for State action on an application for purpose of 33 USC Sec. 1341(a)(1) absent a negotiated agreement with the federal permitting or licensing authority (was, with the US EPA) to extend that time frame for a period not to exceed one year. Requires DEQ to issue a certificate upon determining that the proposed discharges (was, discharges from point sources) into navigable waters will comply with State water quality standards. Adds a requirement that DEQ include as conditions in a certification any applicable effluent limitations or other limitations necessary to assure that the discharges will comply with State water quality requirements; prohibits DEQ from imposing any other conditions. Adds the requirement that DEQ deny a certification application only if no reasonable conditions would provide assurance that the proposed discharges into navigable waters will comply with State water quality requirements; specifies what must be included in a statement along with the denial. No longer limits DEQ’s review of applications for certification to water quality impacts from point source discharges from the proposed project into navigable waters located within the State and prohibited considering water quality impacts from the activity as a whole. Makes conforming and technical changes.

Section 7.3

Deletes the provision that required the Environmental Management Commission to review 15A 4 NCAC 02B .0208 (Standards for Toxic Substances and Temperature) to determine if the standards and methodologies for establishment of water quality criteria for specific pollutants included therein are scientifically sound, protective of human health and the environment, and result in water quality criteria that are technologically achievable without placing undue economic burdens on publicly owned treatment works and their ratepayers.

Requires DEQ to prepare a human health risk assessment of 1,4-dioxane in drinking water supported by peer-reviewed scientific studies and deliver the assessment to the Joint Legislative Commission on Governmental Operations by October 1, 2023. Requires evaluating technologies commercially available to remove 1,4-dioxane from wastewater effluent at facilities at various flow volumes. Requires a report to the same Commission on the findings of the technical and economic feasibility and limitations of each treatment technology and a cost benefit analysis by January 15, 2024.

Section 8

Amends GS 143-215.73F by adding that any invoices submitted for reimbursement or payment from the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund for projects to provide the State's share of the costs associated with any dredging project designed to keep shallow draft navigation channels located in State waters or waters of the State located within lakes navigable and safe, to be signed by the representative of the unit of local government sponsoring the project.

Section 10

Amends proposed GS 113A-107(g) to instead require that State guidelines for the coastal area adopted under the statute be made publicly available on the Department’s website by posting (1) the guidelines in their entirety or (2) a link to the guidelines in the NC Administrative Code on the Office of Administrative Hearings website. Requires each guideline to cite the law under which the rule was adopted.

Section 13

Amends proposed GS 143-214.26(g) to specify that the prohibition applies to nutrient offset banks approved by DEQ and owned by a local government (previously did not require approval by DEQ).  Amends the effective date of GS 143-214.26(g) by providing that it applies to nutrient offset banks owned by a local government and approved by DEQ on or after the date the act becomes law, except that this does not apply to a local government that has a nutrient offset banking instrument approved by DEQ prior to the effective date.

Section 13.5

Amends GS 130A-291.1 to require that an application for a permit for a septage management firm be granted or denied within 60 business days (90 in current law and 30 in the previous edition) of receiving a complete permit application. Makes conforming changes. Requires a septage management firm to meet the requirements of this statute, GS 130A-291.3 (requiring training of septage operators), and rules adopted by the Environmental Management Commission before beginning operation. Provides that for purposes of determining the annual fee, the number of trucks operated by the firm is limited to those pumper trucks and vehicles used in the transportation, containment, or consolidation of liquid septage (was, limited to only those pumper trucks) that transport septage on State-maintained roads.

Section 15

Deletes previous section 15, which amended GS 143-215.1 to allow alternative peak daily sewage flow rates and permit wastewater treatment system expansions beyond existing allocation in certain circumstances.

Section 15.5

Deletes former Section 15.5 which required the specified implementation of the Dwelling Wastewater Design Flow Rate Rule, 15A NCAC 02T .0114.

Adds the requirement that the Environmental Management Commission amend 15A NCAC 02T .0114 as it applies to dwelling units to be consistent with the wastewater flow rate in GS 143-215.1(f3), as enacted by SL 2023-55, which allows the permittee for a wastewater treatment system to calculate its wastewater flows for new dwelling units, including units that have yet to be connected and for which the permittee has allocated capacity, at 75 gallons per day per bedroom, or at a lower rate approved by the DEQ.

Section 23

Deletes former Section 23, which made changes concerning the system development fee.

Section 27

Amends GS 110-86 by amending the definition of childcare so that the exclusion from that definition for cooperative arrangements among parents includes arrangements between a group of parents, regardless of whether the parents are working, to provide for the academic instruction (was, instructional needs) of their school age children (was, children) and adds that they must meet the requirements of GS 115-364 (school admission requirements).

Amendment #2 adds the following new Section 33.1

Amends GS 143-138(b5) (permit exclusions for certain minor activities in residential buildings under the State Building Code [Code]), GS 143-183(b21) (same exclusions pertaining to commercial buildings), and GS 160D-1110(c) (pertaining to building code enforcement by local governments) to raise the cap on the value of the project performed under the Code from $20,000 to $40,000 before a permit is required. Makes conforming changes to refer to the "North Carolina Fire Code" instead of the "North Carolina Fire Prevention Code." Amends GS 160D-1110(d) to enact new subsubsection preventing local governments from requiring more than one building permit for simultaneous projects at the time of the application located at the same address and subject to the State Residential Code (Residential Code). Makes conforming changes to GS 160D-1110(g) to reflect new $40,000 minimum value that became effective October 1, 2023.

Amends GS 87-1(a) (definition of general contractor) to increase the minimum value of the cost of the undertaking required for a person to qualify as a general contractor under the definition from $30,000 to $40,000. Amends GS 87-14 (registration for issuance of building permits) to increase the minimum value of the cost of the project that will require compliance with statutory requirements listed therein from $30,000 to $40,000. Also amends GS 87-14 (regulations as to issue of building permits) to increase the minimum value of the combined costs required for a building permit under GS 160D-1110 from $30,000 to $40,000.

Increases minimum value of the cost of undertaking from $30,000 to $40,000 in GS 44A-11.1 (pertaining to requirement to designate a lien agent as part of the building permitting process or as part of a contract for improvements to real property) and GS 89D-12(c) (the minimum value of the landscape construction or contracting work performed by landscape contractors in order for licensing requirement to kick in).

Effective October 1, 2023, and applies to permit applications for construction, installation, repair, replacement, remodeling, renovation, or alteration projects submitted on or after that date.

Amendment #3 deletes all of Section 7.2, consisting of proposed amendments to GS 143-215 (effluent standards or limitations) and submission and reporting requirements to the Department of Environmental Quality (DEQ).

Amendment #5 adds new Section 33.5.

Specifies that if House Bill 488 (Code Council Reorganization and Various Code Amendments) becomes law, then repeals Section 12 of that act (amendments to GS 160A-317(a) and GS 153A-284(a) that specify that a city or county may only require connection of an owner’s premises to a sewer line; however, if the county/city has adequate capacity to transport and treat the proposed new wastewater from the premises at the time of connection).

Senate committee substitute to the 3rd edition makes the following changes.

Part I.

Section 1.

Deletes prior section 1, which would have: (1) allowed healthy cats impounded at an animal shelter without discernable indication of ownership to be ear-tipped, sterilized, and vaccinated and returned to the place where trapped; (2) allowed the hold requirement for these cats to be waived under certain circumstances; and (3) required animal shelters to report the number of animals transferred to animal welfare organizations.

Inserts new section 1 which changes one of GS 143-214.5(d3)’s six listed circumstances that must be met for a local government implementing a water supply watershed program to allow an applicant to exceed the allowable density under the applicable water supply watershed protection rules so that at the election of the property owner (currently, it is at the property owner’s sole discretion and at the voluntary election), the stormwater from any net increase in built-upon area (currently, stormwater from all existing and new built-upon area) on the property above the preexisting development is treated in accordance with all applicable local government, State, and federal laws and regulations.

Section 2.

Deletes proposed change to GS 143-214.7(b2)(2) which would have allowed state or local stormwater programs to allow development within the area that would otherwise be required to be placed within a vegetative buffer if the stormwater runoff from the built-upon area of the vegetative buffer is collected, treated, and discharged so that it passes through a segment of the vegetated buffer managed so it otherwise complies with applicable state and federal stormwater management requirements. Keeps the current statutory language requiring the stormwater to be treated from the entire impervious area of the development. Now specifies that for the purposes of the subsection, the entire impervious area of the development does not include any portion of a project that is within an NC Department of Transportation (DOT) or municipal right-of-way. Now allows in new (b5) an applicant for a new stormwater permit, or the reissuance of a permit due to transfer, modification, or renewal, to have the option to submit a permit application for processing to the Department of Environmental Quality (DEQ) or an applicable unit of local government with permitting authority in whose jurisdiction the project to be permitted is located. Makes technical changes to GS 143-214.7(b3) and conforming changes to account for amended GS 143-214.5.

Section 3.

Amends GS 160A-314(a1) and GS 153-277 (rates for stormwater management programs cities and counties, respectively) to allow the rate fixing entity to take into account the stormwater control measures in use by the property in setting schedules of rates, fees, charges, and penalties.

Applies to stormwater program amendments and stormwater fee schedules adopted on or after the date the act becomes law.

Section 6.

Amends GS 113-170.3(d) to require that any person who recreationally harvests red drum, flounder, spotted seatrout, striped bass, or weakfish from coastal fishing waters, joint fishing waters, and inland fishing waters adjacent to coastal fishing waters must report that harvest to DEQ’s Division of Marine in a manner consistent with rules adopted by the Marine Fisheries Commission. Requires any person holding a commercial fishing license engaged in a commercial fishing operation who harvests any fish regardless of sale, must report that harvest to the Division of Marine in a manner consistent with rules adopted by the Marine Fisheries Commission. Specifies that violations of these reporting rules are only punishable with a verbal warning.  Makes conforming changes to section title. Effective December 1, 2024, and applies to violations committed on or after that date.

Amends GS 113-170.3 further, effective December 1, 2025, by increasing the penalty for violations to a warning ticket. Increases the penalty again, effective December 1, 2026, to an infraction punishable by a $35 fine.

Requires the Marine Fisheries Commission to adopt temporary rules to implement this section and to adopt permanent rules to adopt the temporary ones.

Section 7.1.

Amends GS 113-229 (pertaining to permits to dredge or fill in or about estuarine waters or State-owned lakes) by requiring DEQ to act on an application for a permit for activities in a United States Coast Guard marked navigational channel within 30 days after the completed application is filed, provided DEQ may extend such deadline by not more than an additional 30 days if necessary to properly consider the application, and failure to so act will automatically approve the application.

Enacts GS 143-214.1 which sets forth schedule for review of applications for water quality certifications filed with DEQ under Section 401 of the Clean Water Act. Specifies that DEQ review will be limited to water quality impacts from point source discharges from the proposed project into navigable waters located within the State and cannot consider water quality impacts from the activity as a whole. Requires DEQ to issue a certification upon determining that the proposed discharge from a point source of the proposed project into navigable waters will comply with State water quality standards. Allows DEQ to issue or deny an application or waive certification. Bars DEQ from requiring any applicant to withdraw an application. Applies to applications for 401 Certification pending or submitted on or after the section's effective date.

Section 7.2.

Amends GS 143-215 (effluent standards or limitations) to specify that, except as required by section 402(o) of the Clean Water Act, no numeric effluent standard or limitation for a pollutant will be included in a water quality permit issued pursuant to Article 21 of GS Chapter 143 unless a numeric water quality criterion for the pollutant has been established by rule in compliance with the requirements of Article 2A of GS Chapter 150B. Requires DEQ to prepare and submit the proposed changes to GS 143-215, as enacted by the act to EPA by no later than August 1, 2023. Specifies that these provisions are effective on the later of: (1) October 1, 2023, or (2) the first of a month that is 60 days after DEQ certifies to the Revisor of Statutes that EPA has approved the proposed changes to GS 143-215, as enacted by the act. Requires DEQ to provide this notice along with the effective date of the act on its website. Requires DEQ to submit quarterly reports to the specified NCGA committee on the status of their activities pertaining to notification to EPA as required by the act, starting September 1, 2023.

Section 7.3.

Directs the Environmental Management Commission (EMC) to review 15A  NCAC 02B .0208 (Standards for Toxic Substances and Temperature) to determine if the standards and methodologies for establishment of water quality criteria for specific pollutants included therein are scientifically sound, protective of human health and the environment, and result in water quality criteria that are technologically achievable without placing undue economic burdens on publicly-owned treatment works and their ratepayers. Requires EMC to examine the following part of its as: (1) other states' narrative water quality standards, and identify other states with more stringent and less stringent narrative standards and (2) requirements established by EPA for development of narrative water quality standards and water quality criteria by states, as well as any discretion given to states to set standards and criteria. Requires EMC to report its findings, including any recommendations for legislative action, to the specified NCGA committee by no later than April 1, 2024.

Section 8.

Deletes proposed implementation of the Dwelling Wastewater Design Flow Rate Rule and replaces the section with the following. Amends GS 143-215.73F (shallow draft navigation channel dredging and aquatic weed fund) to expand the scope of one of the five listed authorized uses of the funds to providing funding for siting and acquisition of dredged disposal sites (currently, just those sites associated with the maintenance of the Atlantic Intercoastal Waterway between the border with the State of South Carolina, the Commonwealth of Virginia, under a memorandum of agreement between the State and federal government). Amends the depth components of the definition of shallow draft navigation channel to now mean (1) a waterway connection with a maximum depth of 18 feet, inclusive of the depth of overdepth for navigation depth compliance (was, just maximum depth of 16 feet).  Adds the Mason Inlet, Rich Inlet, Tubbs Inlet and Southport Small Boat Harbors to specified waterways listed in the definition. 

Section 8.5.

Requires the Shallow Draft Applicability Rule (15A NCAC 01T .0201) to be implemented as follows. Requires that the rules that apply to the Shallow Draft Navigation Channel Dredging Fund (Fund) also apply to projects funded by the Fund that are related to dredging federally authorized channels where the work is performed by the United States Army Corps of Engineers. Requires DEQ to adopt rules to amend the Shallow Draft Applicability Rule so that it is consistent with this provision. Applies the APA’s effective date provisions triggered when 10 or more written objections are received to the rule (GS 150B-21.3). Sunsets this provision when the permanent rules become effective.

Section 9.

Enacts new Part 12, Submersible Polystyrene Devices, to Article 21 of GS Chapter 143, as follows. Sets forth eight defined terms.  Prevents any person from installing a submersible polystyrene device on a dock, buoy, or float unless the device is encapsulated by a protective covering or designed to prevent the polystyrene from disintegrating into the waters of the State, except for persons engaging in the construction, maintenance, or operation of boats or vessels or polystyrene foam devices manufactured into extruded closed cell beads of no more than 0.125 inches in diameter. Lists five methods of encapsulation that are sufficient to satisfy the requirement, including concrete of at least 1 inch thickness or rigid plastics of at least .05 inches in thickness. Requires that any polystyrene foam flotation or part thereof installed, removed, replaced, or repaired during construction or maintenance activities must be effectively contained. All unused or replaced polystyrene foam must be removed from the waters of the State and lawfully disposed. Requires that all polystyrene foam flotation used on fuel floats or floating structures used to store, maintain, or repair boat engines must be encapsulated with materials that are not subject to degradation by fuel oils or products. Requires DEQ to adopt rules implementing Article 21 of GS Chapter 143.  Bars any person from selling any polystyrene foam buoys, markers, ski floats, bumpers, fish trap markers, or similar devices unless encapsulated by a protective covering and rules adopted by DEQ. Effective January 1, 2025, and applies to any polystyrene foam flotation sold or used in the State after that date.

Section 10.

Amends GS 113A-107 (state guidelines for coastal area) to specify that all State guidelines, statements of objectives, policies, and standards to be followed in the use of land and water within the coastal area must directly reference the enabling statute or rule and be available to the public on DEQ’s website.

Amends GS 113A-110 to require that the statements of objectives, policies, and standards in a county's land-use plan be written. Amends GS 113A-120 to require that the State guidelines or local land-use plans under which permits may be denied, must be written.

Section 10.5

Enacts GS 143B-279.4A, which requires that DEQ include the statutory or regulatory authority for conditions listed in its permits.

 Section 11.

Deletes amendments to GS 143-214.26 which would have specified that no nutrient offset bank owned by a unit of local government, as defined in GS 143-214.11, may sell nutrient offset credits to a third party, and replaces it with the following.

Amends Section 15 of SL 2020-18 (specifying that the TDML transport factor applies when offsetting certain permitted wastewater discharges) as follows. Now directs that nutrient offset credits must be applied to a wastewater permit by applying the TMDL transport factor to the permitted wastewater discharge and to the nutrient offset credits as specified in the 1999 Phase I TMDL (currently, no reference to 1999 Phase I TMDL). Deletes provisions specifying that this applies only to wastewater discharge permit applications for a local government located in the Neuse River Basin with a customer base of fewer than 15,000 connections.

Expires when the permanent rule, as required by the act below, becomes effective.

Authorizes (was requires) DEQ to begin the modeling necessary to determine new transport zones and delivery factors for the Neuse River Basin for point source discharges and nutrient offset credits in conjunction with affected parties. Removes outdated language.  Deletes requirement that EMC use DEQ's modeling and other information provided in the public comment period to adopt new transport zones and delivery factors by rule. Now, once DEQ completes watershed modeling, requires DEQ to provide EMC with a list of qualified professionals from which it will select two to validate DEQ’s watershed modeling. Authorizes EMC to use the modeling (currently, requires) and other information provided during public comment to adopt new transport zones and delivery factors, if warranted by rule. Removes EMC’s authority to adopt temporary rules. Makes conforming changes.

Section 12.

Amends GS 143-215.1(a)(12) (listing certain sources of water pollution that require permits by the EMC) by now only requiring an operator or builder of an animal waste management system to obtain a permit under Part 1A (currently, also Part 1) of Article 21 of GS Chapter 143.

Amends GS 143-215.10C (application and permits for animal waste management systems) as follows. Specifies that no permit shall be denied, and no condition attached to a permit, except when the EMC finds that the denial or conditions are necessary to effectuate the statutory purposes. Specifies that any person subject to the requirements of this statute who is required to obtain an individual or general permit from EMC for an animal waste management system must have a compliance boundary as may be established by rule or permit for various categories of animal waste management systems and beyond which groundwater quality standards may not be exceeded. Directs that multiple contiguous properties under common ownership and permitted for use as an animal waste management system will be treated as a single property for the purposes of determining a compliance boundary and setbacks to property lines. In instances where operation of an animal waste management system permitted under this statute results in the exceedance of groundwater quality standards at or beyond the compliance  boundary, requires EMC to require the permittee to undertake corrective action, without regard to the date the system was first permitted, to restore the groundwater quality by assessing the cause, significance, and extent of the violation of standards and submit the results of the  investigation and a plan, including a proposed schedule, for corrective action to DEQ’s Secretary. The permittee must implement the plan as approved by, and in accordance with, a schedule established by the Secretary. In establishing a schedule for corrective action, the Secretary must consider any reasonable schedule proposed by the permittee.  Provides for contested case review for permit applicants, permittees, or third party dissatisfied with a decision of the EMC. 

Authorizes EMC to adopt rules to implement these amendments.

Section 13.

Deletes amendments to GS 160A-307.1 (limitation on city requirements for street improvements related to schools) which would have prohibited a local government from imposing any requirement regarding access points, driveway access, or curb cuts for a property to be used by a school that are in addition to those imposed by DOT, and replaces it with the following. Amends GS 143-214.26 (nutrient offset credits purchased to asset nutrient loadings to surface waters) to prevent any nutrient offset bank owned by a unit of local government from selling nutrient offset credits to an entity other than a government entity or a unit of local government. Applies to the sale of nutrient offset credits by a nutrient offset bank owned by a unit of local government on or after the act becomes law.

Section 13.5.

Amends GS 130A-291.1 (septage management programs) to short the time DEQ has to grant or deny a complete permit application from 90 days after receipt of a complete package to 30 business days of same. Specifies that if the permit application is denied, then DEQ must return the permit application citing the reasons for the denial in writing. Specifies that if DEQ does not act on a complete permit application for a new septage firm within 30 business days, the septage management firm is deemed permitted and may begin operation if all other requirements of vehicle identification and disposal requirements are met. Clarifies that for purposes of determining the pumper truck fees the number of pumper trucks operated by a septage management firm will be limited to only those pumper trucks that transport septage on State-maintained roads.

Section 15.

Amends the provisions pertaining to local permit programs for sewer extension and reclaimed water utilization under GS 143-215.1 as follows. Permits new dwelling units, including units that have yet to be connected and for which they have allocated capacity, to calculate wastewater flows at 75 gallons per day per bedroom, or at a lower rate approved by DEQ. Establishes the following requirements for sewer line extensions for wastewater treatment systems owned or operated by municipalities, counties, sanitary districts, or public utilities: (1) prior to actual flow exceeding 80% of the system's permitted hydraulic capacity, based on the average flow during the last calendar year, the permittee must submit an engineering evaluation with specified requirements concerning their future wastewater treatment, utilization, and disposal needs; (2) prior to actual flow exceeding 90% of the system's permitted hydraulic capacity based on the average flow during the last calendar year, the permittee must obtain all permits needed for the expansion of the system, and submit plans and a schedule for construction, if needed; and (3) allows approval of permits for facilities that exceed the 80% or 90% threshold from the previous subdivisions if additional flow in the facility is not predicted to exceed the facility’s hydraulic capacity, the facility is in compliance with all other limits and requirements, and adequate progress is being made in developing the required engineering evaluations or plans and specifications.

Sets forth justification requirements that must be met if expansion is not proposed or proposed at a later date. Allows permittees for a wastewater system located in a county with a projected growth rate above 2% annually or in one of the top 20% of the fastest growing counties statewide, and are meeting flow and pollutant discharge limits set out in its current permit, may allocate its system's permitted hydraulic capacity up to 110% and increase the allocation up to 115% if the expansion of the system is within 24 months of completion. A permittee may not allocate more than the permitted projected capacity after expansion without approval by DEQ. Nothing in these provisions will be construed to limit DEQ from authorizing allocations over 115% of a system’s hydraulic capacity.

Requires DEQ to adopt rules to implement amendments to GS 143-215.1.

Section 16.

Amends GS 130A-309.10 to prevent individuals from knowingly disposing of lithium-ion batteries in landfills or incinerators.  Also prevents a person from knowingly dispose of photovoltaic (PV modules), or components thereof, in a sanitary landfill for the disposal of construction and demolition debris waste that is unlined or in any other landfill that is unlined. PV modules, or components thereof, not shipped for reuse or recycled must be properly disposed of in (1) an industrial landfill or (2) a municipal solid waste landfill. PV modules that meet the definition of a hazardous waste must comply with hazardous waste requirements for disposal and recycling, as applicable. Defines photovoltaic module or PV module as the smallest nondivisible, environmentally protected assembly of photovoltaic cells or other photovoltaic collector technology and ancillary parts, including associated wiring, control devices, and switches, to generate electrical power under sunlight. Authorizes DEQ to adopt rules to establish a regulatory framework for the proper handling of end-of-life lithium batteries and photovoltaic modules to implement the requirements of the section. Effective December 1, 2026, and applies to offenses committed on or after that date.

Section 17.
Amends GS 130A-310.37(a) (construction of the Brownfields Property Reuse Act) to clarify that the law is not intended to limit or preclude a prospective developer from performing an investigation of a brownfields property without prior approval from DEQ.

Section 21.

Amends GS 62-110.3 (bond required for water and sewer companies) to increase the minimum bond from $10,000 to $25,000.  Now requires the Utilities Commission (UC) to appoint an emergency operator in compliance with procedure set forth in GS 62-116(b) (issuance of emergency authority) (currently, just with consent of owner or operator).

Part II.

Deletes amendments to GS 136-102.6 (compliance of subdivision streets with minimum standards of the Board of Transportation [BOT] required of developers) which would have specified that if DOT fails to make a final determination whether a subdivision street meets the BOT’s minimum standards within 120 days of receipt of the petition for road addition, the subdivision street will be deemed to meet the BOT’s minimum standards.

Deletes amendments to GS 143B-1333 which would have specified that the Department of Information Technology (DIT)’s procurement activities, including but not limited to the Statewide Information Technology Procurement Office (was, the Information Technology Strategic Sourcing Office) will be funded  through a combination of administrative fees as part of the IT Supplemental Staffing contract, as well as fees charged to agencies using their services.

Deletes provision requiring the Standards and Inspections Division (SID) of the Department of Labor (DOL) to study existing requirements for electrical work conducted during the installation of elevators to identify deficiencies or conflicts in statute or rule in consultation with the NC Building Code Council. 

Deletes amendments to GS 90-414.4 which have would (1) no longer required dentists to begin submitting demographic and clinical data to the Health Information Exchange (HIE) Network by January 1, 2023 and (2) changed the composition of the HIE advisory board.  

Deletes provisions allowing for a marriage that meets all other requisites of marriage to be solemnized by a member of the North Carolina General Assembly from August 12, 2023, to August 15, 2023.

Section 22 (prior Section 12).

Amends GS 160D-702(c)(3) to prevent local government from requiring additional fire apparatus access roads (was, entrances) into developments of one or two family dwellings that are not in compliance with the number of entrance requirements into a residential subdivision set forth in the Fire Code of the North Carolina Residential Code for One- and Two-Family Dwellings.

Section 22.5

Enacts GS 153A-461 (applicable to counties) and GS 160A-499.6 (applicable to cities) to bar counties and cities from regulating the operation of an online marketplace or from requiring an online marketplace to provide users' personally identifiable information, unless pursuant to subpoena or court order. Defines online marketplace to mean a person or entity that does both of the following: (1) provides for consideration, regardless of whether the consideration is deducted as a fee from the transaction, an online application, software, website, system, or other medium through which a service is advertised in this State or is offered to the public as available in this State or (2) provides, directly or indirectly, or maintains a platform for services by performing any of the following: (i) providing a payment system that facilitates a transaction between two platform users, (ii) transmitting or otherwise communicating the offer and acceptance of a transaction between two platform users, and (iii) owning or operating the electronic infrastructure or technology that brings two or more users together. Specifies that online marketplace does not include any local or State entity or vendor and that the section does not affect any authority otherwise granted to counties or cities by State statute.

Section 23.

Expands specified purposes of system development fees set forth in GS 162A-201(9) by adding recouping costs incurred by a local government unit to purchase capacity in, or reserve capacity supplied by, capital improvements or facilities owned by another local government unit to the described purposes in the definition.

Amends the requirements for written analysis used in calculating system development fee set forth in GS 162A-205 (supporting analysis for system development fees) by also requiring that the analysis include any purchased capacity in, or reserved capacity supplied by, capital improvements or facilities owned by another local government unit as part of the local government unit's overall capacity in capital improvements. Amends GS 162A-211 by adding to the permitted uses of system development fees to include payment of contractual obligations to another local government unit for capacity in such facilities owned by another local government unit. Specifies that the section clarifies and restates the intent of existing law and applies to ordinances adopted before, on, and after the act becomes law.

Section 25 (former Section 18).

Amends GS 90-413 (governing retention of medical records) to exempt a pharmacy maintaining a valid pharmacy permit or to a person licensed by the NC Veterinary Medical Board to practice veterinary medicine. 

Section 28.

Prevents the Building Code Council (Council) from imposing any building code requirements that are inconsistent with the 2009 Building Code Chapter for Docks, Piers, Bulkheads, and Waterway Structures for piers or docks built in estuarine waters. Requires the Council to adopt rules to amend the Building Code so that it is consistent with this provision.  Applies the APA’s effective date provisions triggered when 10 or more written objections are received to the rule (GS 150B-21.3). Sunsets this provision when the permanent rules become effective.

Section 28.5.

Amends GS 143-138 (the State building code) to prevent any State, county, or local building code or regulation from allowing for the use of plastic pipe, plastic pipe fittings, and plastic plumbing appurtenances with an inside diameter two inches (51 millimeters) and larger in either of the following circumstances: (1) drain, waste, and vent conductors in buildings in which the top occupied floor exceeds 75 feet (23 meters) in height or (2) storm drainage conductors in buildings in which the top occupied floor exceeds 75 feet (23 meters) in height.

Section 29.

Disapproves the following rules adopted by the Department of Administration on October 20, 2022: NCAC 05A.0112 (definitions) and NCAC 05E.0101 (good faith efforts).

Section 30.

Amends definition of emergency in GS 166A-19.3 (the NC Emergency Management Act) to specify that an emergency may also be caused by a disruption in the supply chain that creates a significant threat to a local government's ability to acquire products or services required to provide essential services such as electricity and water to the populace or required to restore such essential services in the event of widespread or severe damage to the local government system used to provide such essential services.

Enacts GS 166A-19.16 (emergency supply chain declarations) to specify the public contracts provisions of GS Chapter 143 does not apply to any contracts that an entity that would otherwise be subject to these provisions may award for apparatus, supplies, materials or equipment, or construction or repair work requiring apparatus, supplies, materials or equipment, where such apparatus, supplies, materials or equipment is either: (1) listed in an Emergency Declaration arising from a supply chain disruption as described in GS 166A-19.3(6) or (2) listed in an order or regulation issued by an agency of the federal government under the Defense Production Act of 1950, as amended (specifies that this exemption terminates upon expiration or termination of the Emergency Declaration or order or regulation issued under the Defense Production Act of 4 1950, as amended).

Part III.

Deletes amendments to GS 50B-1 which would have changed the definition of domestic violence to make the dating relationship provisions gender neutral and to specify that a dating relationship is a relationship of a romantic or intimate nature characterized by the expression of affectionate or sexual relations (was, one where the parties are romantically involved over time and on a continuous basis during the course of the relationship). Would have amended GS 50B-2 (motion for emergency relief) to specify that nothing in GS Chapter 50B prevents a court from issuing an ex parte order during the pendency of a case if such order is requested by an aggrieved party and the court believes there is a danger of acts of domestic violence against the aggrieved party or a minor child.

Deletes changes to GS 90-624 which would have exempted certified reflexologists from oversight by the NC Board of Massage and Bodywork Therapy.

Section 31.

Amends GS 14-309.15 (real property as nonprofit raffle prize) to increase the maximum value of such property to $2.25 million (currently, $500,000) and to specify that the nonprofit offering the property as a prize must also provide the property free from all liens, provide an owner affidavit and indemnity agreement, and provide a title commitment for the property and shall make that commitment available for inspection upon request.

Section 33.

Amends GS 143B-1405(a)(4) (pertaining to fund distribution to Commercial Mobile Radio Service [CMRS] providers) to only require prior approval for invoices that exceed 100% of the eligible costs allowed under by law. (Currently, prior approval must be obtained for invoices that are the less of either invoices that exceed 100% of the eligible costs allowed under by law or exceed 125% of the service charges remitted to the 911 Board by the provider).  Repeals GS 143B-1405 (fund distribution for CMRS providers) effective July 1, 2024. Makes conforming change to GS 143B-1407 to account for repeal of GS 143B-1405. Amends GS 143B-1403(d) (adjustment of 911 charges) to narrow the purpose of the revenue from the charges to only funding allocations for monthly distributions to primary public safety answering points (PSAP) and State ESInet, effective July 1, 2024. (Currently, revenue must also be used to ensure full cost recovery for communications service providers over a reasonable period of time).

Part IV.

Adds severability clause. 

House committee substitute to the 1st edition makes the following changes.

Part I.

Section 1.

Amends GS 19A-32.1 to specify that healthy cats impounded at an animal shelter (was, just shelter) without discernable indication of ownership may be ear-tipped, sterilized, and vaccinated and returned to the place where trapped. Places the following nine new conditions that must be satisfied for the minimum holding requirement for these cats to be waived: (1) the trapping of the cat was conducted in accordance with rules adopted by the Board of Agriculture (Board); (2) when the cat is trapped on private property, the owner of the property where the cat was trapped provides dated, written permission for the animal shelter to trap the cat on the owner's property; (3) the treating veterinarian determines that the cat is healthy enough to undergo the sterilization, microchipping, vaccinations, and other surgeries or procedures required by this subsection or the treating veterinarian; (4) the cat is microchipped by a licensed veterinarian. The microchip must be registered with the name and identification number of the animal shelter that impounded the cat; (5) the sterilization of the cat is conducted by the treating veterinarian; (6) the rabies vaccine is administered by a person authorized to do so pursuant to GS 130A-185; (7) the animal shelter creates a photographic record of the cat, retains that record for a period of at least three years, and makes the record available upon request; (8) before the cat may be released by the animal shelter, the treating veterinarian examines the cat and makes the determination that releasing the cat will not pose an immediate health risk to the cat or the public; and (9) when the cat is released onto private property, the owner of the property where the cat was released provides dated, written permission for the animal shelter to release the cat on the owner's property. Makes technical changes. Makes conforming changes to GS 130A-192 to account for nine factors. 

Amends GS 19A-65 (animal shelter’s annual report to the Department of Agriculture and Consumer Services [DACS]) to require animal shelters also report the number of animals transferred to other animal welfare organizations.

Makes technical change to GS 130A-190.  Amends the reporting requirements of GS 19A-192(a3) to also require that the Animal Control Office maintain records of the location where any cat was trapped and released.

Requires the Board to adopt temporary rules to implement the amendments to GS 19A-32.1, 19A-65, 19A-190, and 19A-192 and permanent rules to replace the temporary rules. Specifies that the temporary rules adopted will remain in effect until permanent rules that replace the temporary rules become effective.

Changes the effective date from October 1, 2023, to 60 days after the Board’s temporary rules become effective.

Section 2.

Amends GS 143-214.7 to allow state or local stormwater programs to allow development within the area that would otherwise be required to be placed within a vegetative buffer if the stormwater runoff from the built-upon area of the vegetative buffer (was, from the entire impervious area of the development) is collected, treated, and discharged so that it passes through a segment of the vegetated buffer managed so it otherwise complies with applicable state and federal stormwater management requirements.

Section 3.

Amends GS 143-214.7, concerning stormwater regulations for redevelopment irrespective of whether the impervious surface that existed before the redevelopment is to be demolished or relocated during the development activity (was, just during redevelopment), to allow a property owner to exceed the otherwise applicable density limits under the applicable water supply watershed rules by treating the increase in stormwater that results from the net increase in the built upon areas (was, the property owner may voluntarily decide to treat all stormwater from preexisting development or redevelopment activities for the purpose of exceeding allowable density under the applicable water supply watershed rules).

Section 4.

Requires the Environmental Management Commission (EMC) to implement the Post-Construction Stormwater Rule (meaning 15A NCAC 02H .1001 [Post-Construction Stormwater Management: Purpose and Scope]) to exempt linear transportation projects undertaken by an entity other than the NC Department of Transportation (DOT), that are part of a common plan of development from the Post-Construction Stormwater Rule. Requires the EMC to adopt a rule to amend the Post-Construction Stormwater Rule so it is consistent with this provision. Expires when the permanent rule becomes effective.

Section 5.

Requires the EMC to implement the Water Supply Watershed Project Density Rule (meaning 15A NCAC 02B .0624, Water Supply Watershed Protection Program: Nonpoint Source and Stormwater Pollution Control) to allow Iredell County and the Town of Mooresville to regulate new development outside of WS-I watersheds and the critical areas of WS-II, WS-III, and WS-IV watersheds in accordance with the following requirement: a maximum of 20% of the land area of a water supply watershed outside of the critical area and within the local government's planning jurisdiction may be developed with new development projects and expansions of existing development of up to 70% built-upon area. Requires the EMC to adopt a rule to amend the Water Supply Watershed Project Density Rule so it is consistent with this provision. Expires when the permanent rule becomes effective.

Section 6.

Defines three terms, including the Neuse River Basin Riparian Buffer Rules (which means the provisions of Sections .0200, .0600, and .0700 of Subchapter 02B of Title 15A of the North Carolina Administrative Code that apply to the Neuse River Basin). Requires the EMC to implement the Neuse River Basin Riparian Buffer Rules as follows.  Specifies that the term airport facilities as defined in 15A NCAC 02B .0610 and 15A 8 NCAC 02B .0267 must: (1) include all areas used or suitable for use as borrow areas, staging areas, or other similar areas of the airport used or suitable for use directly or indirectly in connection with the construction, dismantling, modification or similar action pertaining to any of the properties, facilities, buildings, or structures set forth in sub-subdivisions (a) through (q) of subdivision (1) of those rules and (2) the term as amended by the act must apply to all Neuse River Basin Riparian Buffer Rules. Specifies that no Authorization Certificate under 15A NCAC 02B .0611(b) will be required for any work in connection with an Airport Impacted Property, but such work will be required to provide for mitigation in conformance with applicable Neuse River Basin Riparian Buffer Rules. Requires the EMC to adopt a rule to amend the Neuse River Basin Riparian Buffer Rules so they are consistent with this provision. Expires when the permanent rule becomes effective.

Section 7.

Amends GS 143-215.52 to change the statutory cross reference in definition of local government from GS 160A-1 (pertaining to cities and towns) to GS 160D-102 (pertaining to local planning and development).

Defines five additional terms that have to be used in applying Part 6 of Article 21, GS Chapter 143 (Floodplain regulation), in addition to any other applicable definitions in GS 143-215.52 where those definitions do not conflict. Amends GS 143-215.56 (delineation of flood hazard areas and 100-year floodplains) to require the Department of Public Safety (DPS) to grant a permit for the use of an eligible flood hazard area in connection with an airport project for which an airport authority received a no-rise certificate for that airport project where there is no local government that has a clearly demonstrated statutory authority to issue such a permit for the airport project for the use of a flood hazard area. Specifies that in the event that DPS does not issue a permit for the airport project within 30 days of its receipt of a written request submitted by an airport authority for an airport project, the permit is deemed issued to the airport authority for the airport project by operation of law.

Section 8.

Requires the EMC to implement the Dwelling Wastewater Design Flow Rate Rule (meaning 15A NCAC 02T .0114, Wastewater Design Flow Rates) as it applies to dwelling units, as follows. Requires the flow rate used in determining the volume of sewage from dwelling units to be 75 gallons per day per bedroom. Sets the minimum volume of sewage from each dwelling unit at 75 gallons per day and each additional bedroom above two bedrooms increases the volume by 75 gallons per day. Requires the EMC to adopt a rule to amend the Dwelling Wastewater Design Flow Rate Rule so it is consistent with this provision. Applies to all dwelling unit sewer system permits issued on or after August 1, 2023. Expires when the permanent rule becomes effective.

Section 9.

Amends GS 62-110(g) to allow an owners' association (as defined) to charge for the costs of providing water or sewer service to persons who occupy townhomes within a planned community and a unit owners' association to charge for the costs of providing water or sewer service to persons who occupy defined term condominium. Defines townhome. Makes conforming and organizational changes.

Section 10.

Amends GS 130A-335(c2) (wastewater collection, treatment, and disposal) to prohibit a local government (was, municipality) from prohibiting or regulating by ordinance or enforce an existing ordinance regulating the use of off-site wastewater systems or other systems approved by the Department of Health and Human Services (DHHS) under rules adopted by the Commission for Health Services (CHS) when the proposed system meets the specific conditions of the approval.

Section 11.

Amends GS 143-214.26 to specify that no nutrient offset bank owned by a unit of local government, as defined in GS 143-214.11, may sell nutrient offset credits to a third party.

Part II.

Section 12.

Amends GS 160D-702(c) to prohibit a zoning or development regulation from requiring additional entrances into a residential subdivision that are not in compliance with the number of entrance requirements into a residential subdivision set forth in the Fire Code of the North Carolina Residential Code for One- and Two-Family Dwellings. Applies to existing municipal or county ordinances. Specifies that any inconsistent municipal or county ordinance is void and unenforceable.   

Section 13.

Amends GS 160A-307.1 (limitation on city requirements for street improvements related to schools) to prohibit a local government from imposing any requirement regarding access points, driveway access, or curb cuts for a property to be used by a school that are in addition to those imposed by DOT.

Section 14.

Amends GS 136-102.6 (compliance of subdivision streets with minimum standards of the Board of Transportation [BOT] required of developers) to specify that if DOT fails to make a final determination whether a subdivision street meets the BOT’s minimum standards within 120 days of receipt of the petition for road addition, the subdivision street will be deemed to meet the BOT’s minimum standards. Effective January 1, 2024, and applies to petitions for road additions for subdivision street improvements submitted to DOT on or after that date.

Amends GS 143B-1333 to specify that the Department of Information Technology (DIT)’s procurement activities, including but not limited to the Statewide Information Technology Procurement Office (was, the Information Technology Strategic Sourcing Office) will be funded  through a combination of administrative fees as part of the IT Supplemental Staffing contract, as well as fees charged to agencies using their services.

Part III.

Section 15.

Amends GS 95-111.3 to exclude inflatable devices, including any air-supported device made of flexible fabric, inflated by one or more blowers, that relies upon air pressure to maintain its shape, from the term amusement device. Makes technical changes to numbering.

Makes technical change to GS 95-111.12(d) to align with new numbering.

Section 16.

Requires the Standards and Inspections Division (SID) of the Department of Labor (DOL) to study existing requirements for electrical work conducted during the installation of elevators to identify deficiencies or conflicts in statute or rule in consultation with the NC Building Code Council. Permits SID to consult with other entities it determines that may be of assistance in the course of the study. Sets forth four things for SID to consider, including whether conflict exists between SID and NC Building Code requirements with respect to elevators, electrical wiring, or fire alarm installation, and what steps can be taken to resolve those conflicts.  Requires SID to report its findings and recommendations to the specified NCGA committee by March 1, 2024.

Section 17.

Amends GS 95-25.14 (exemptions to State minimum wage and overtime and record keeping laws) to exempt any employee who has entered into a contract to play baseball at the minor league level and who is compensated pursuant to the terms of a collective bargaining agreement that expressly provides for the wages, hours of work, and working conditions of the employees. Effective August 1, 2023.

Part IV.

Section 18.

Enacts new GS 90-413 (retention of medical records) requiring a health care provider to retain medical records for a minimum of ten years from the date of service to which the medical record pertains unless otherwise required by State or federal law. Provides that in the case of a minor patient, medical records must be retained for a minimum of ten years after the patient has reached the age of majority.

Section 19.

Amends GS 91-414.4 to no longer require dentists to begin submitting demographic and clinical data to the Health Information Exchange (HIE) Network by January 1, 2023. Instead, adds dentists and chiropractors to those who may connect to the HIE Network and submit data voluntarily.

Increases by one the number of members appointed to the North Carolina Health Information Exchange Advisory Board by: (1) the President Pro Tempore of the Senate to also include a provider of Medicaid or other State-funded health care services that is connected to the HIE Network and (2) the Speaker of the House to also include a provider of Medicaid or other State-funded health care services connected to the HIE Network, so that there are 14 members total (was, 12).

Section 20.

Amends GS 131E-78.5 (pertaining to designation as a stroke center) to now require that DHHS designate hospitals that meet the criteria set forth in the section as one of four types of stroke centers: an Acute Stroke Ready Hospital, Primary Stroke Center, Thrombectomy-Capable Stroke Center, or Comprehensive Stroke Center (was, just primary stroke center). Requires a hospital to apply to DHHS for recognition of such designation and to demonstrate to DHHS’s satisfaction that it meets the applicable criteria.

Requires DHHS to recognize as many certified acute care hospitals as Acute Stroke Ready hospitals as apply and are certified as an Acute Stroke Ready hospital by the American Heart Association, the Joint Commission, or other DHHS-approved certifying body that is a nationally recognized guidelines-based organization that provides Acute Stroke Ready hospital certification for stroke care, provided that each applicant continues to maintain its certification. Requires DHHS to recognize as many certified acute care hospitals as Primary Stroke Centers as apply and are certified as a Primary Stroke Center by the American Heart Association, the Joint Commission, or other DHHS-approved certifying body that is a nationally recognized guidelines-based organization that provides Primary Stroke Center Hospital certification for stroke care, provided that each applicant continues to maintain its certification. Further provides that DHHS may recognize those Primary Stroke Centers that have not been certified as Thrombectomy-Capable Stroke Centers but have attained a level of stroke care distinction by offering mechanical endovascular therapies. Requires DHHS to recognize as many certified acute care hospitals as Thrombectomy-Capable Stroke Centers as apply and are certified as a Thrombectomy-Capable Stroke Center by the American Heart Association, the Joint Commission, or other DHHS-approved certifying body that is a nationally recognized guidelines-based organization that provides Thrombectomy-Capable Stroke Center Hospital certification for stroke care, provided that each applicant continues to maintain its certification. Requires DHHS to recognize as many certified acute care hospitals as Comprehensive Stroke Centers as apply and are certified as a Comprehensive Stroke Center by the American Heart Association, the Joint Commission, or other DHHS-approved certifying body that is a nationally recognized guidelines-based organization that provides Comprehensive Stroke Center Hospital certification for stroke care, provided that each applicant continues to maintain its certification. Provides for reporting requirements by certified hospitals. Makes conforming changes.

Part V.

Section 21

Amends GS 90-624 (activities not requiring a license to practice Massage and Bodywork Therapy) to include a nationally certified reflexologist engaged in the practice of reflexology who has a current certification from the American Reflexology Certification Board (ARCB) or its successor entity, or an individual who is a reflexology student working to obtain certification from the ARCB or its successor entity under the supervision of an ARCB-certified reflexologist who obtains certification within 12 months of beginning the certification process. Defines reflexology. Effective October 1, 2023.

Section 22

Permits that a marriage that meets all other requisites of marriage may be solemnized by a member of the North Carolina General Assembly. Effective from August 12, 2023, to August 15, 2023. 

Section 23

Amends GS 50B-1 (definition of domestic violence) to make the dating relationship provisions gender neutral and to specify that a dating relationship is a relationship of a romantic or intimate nature characterized by the expression of affectionate or sexual relations (was, one where the parties are romantically involved over time and on a continuous basis during the course of the relationship). Amends GS 50B-2 (motion for emergency relief) to specify that nothing in GS Chapter 50B prevents a court from issuing an ex parte order during the pendency of a case if such order is requested by an aggrieved party and the court believes there is a danger of acts of domestic violence against the aggrieved party or a minor child. Effective October 1, 2023, and applies to proceedings occurring on or after that date.

Section 24.

Amends GS 110-86 to remove the requirement that a cooperative arrangement occur in the home of the cooperative participants.