House committee substitute to the 1st edition makes the following changes.
Changes the report recipient from the Environmental Policy Council to the Environmental Review Commission in Sections 2 and 3.
Changes the committee for submission of the required Clean Water Act agreements in Section 4 from the House Local Government – Land Use, Planning and Development Committee to the House Housing and Development Committee.
Bill Summaries: H870 (2025-2026 Session)
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Bill H 870 (2025-2026)Summary date: Apr 30 2025 - View summary
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Bill H 870 (2025-2026)Summary date: Apr 9 2025 - View summary
Section 1.
Enacts GS 143B-279.4B requiring NCGA approval of memorandums of agreement between the EPA and the Department of Environmental Quality (Department), the Environmental Management Commission, the Coastal Resources Commission, the Sedimentation Control Commission, and any other board or commission charged with implementation of State or federal environmental law. Prohibits implementing the terms of such agreements without NCGA confirmation. Applies to memorandums of agreement, or modifications to such agreements, proposed for execution on or after the act becomes law.
Section 2.
Requires the Department, by October 1, 2025, to notify the EPA of its intent to initiate discussions to revise the NPDES Memorandum of Agreement between the State and US EPA Region 4, and any other agreement with EPA governing the State's Sedimentation Pollution Control Act of 1973 (Act) and its implementation of NCG01 to streamline the regulatory requirements of the Act and NCG01 for the purpose of eliminating program redundancies to minimize (1) unnecessary costs to, and duplication of efforts by, persons initiating land-disturbing activities; (2) unnecessary delays in project development; and (3) inefficient use of Department personnel and staff of local governments that administer delegated erosion and sedimentation control programs. Provides for appointments to the negotiations by the Speaker of the House and the President Pro Tempore of the Senate, as described. Requires the Department to report quarterly to the Environmental Policy Council on the status of these activities beginning January 1, 2026, until this reporting requirement is repealed.
Section 3.
Requires the Department, by October 1, 2025, to request that the EPA consult with the Department on any proposed changes to federal regulations that would impact the State's administration of federal environmental programs in North Carolina, before the EPA notices the proposed changes in the Federal Register, so that the State can have meaningful collaborative input on development of regulations that it may be charged with administering. Requires the Department to report quarterly to the Environmental Policy Council on the status of these activities beginning January 1, 2026, until this reporting requirement is repealed.
Section 4.
Requires the Department, by October 1, 2025, to submit copies of any agreements executed between the Department and the EPA governing the State's administration of programs under the Clean Water Act to the specified NCGA committee. Also requires the Department to give that committee information on any federal funds received by the State in connection with administration of such programs, and all federal requirements for receipt of such funds as well as the adequacy of funding from all sources to fully implement the agreement requirements.
Section 5.
Includes a severability clause.