ENVIRONMENTAL REVIEW COMMISSION REPORT TO THE 1999 GENERAL ASSEMBLY OF NORTH CAROLINA 2000 REGULAR SESSION A LIMITED NUMBER OF COPIES OF THIS REPORT IS AVAILABLE FOR DISTRIBUTION THROUGH THE LEGISLATIVE LIBRARY. Rooms 2126, 2226 State Legislative Building Raleigh, North Carolina 2761 1 Telephone: (919)733-7778 or Room 500 Legislative Office Building Raleigh, North Carolina 27603-5925 Telephone: (919) 733-9390 TABLE OF CONTENTS Letter of Transmittal i Membership of the Enviromnental Review Commission ii Authorizing Legislation iii Commission Proceedings 1 November 4, 1999 1 November 23, 1999 2 January 20, 2000 4 February 17,2000 7 March 16, 2000 10 April 6, 2000 14 April 25, 2000 16 May 4, 2000 21 May 9, 2000 23 Commission Staff Activities 27 Recommendations 29 Appendices Appendix I: Legislative Proposals Appendix II: Studies Referred to the Environmental Review Commission by the Legislative Research Commission )0naral ^ssBtnbly of ^nrii| (Enralxnn '^nisxranmental ^R^lnclu (Hnmtntssinn SENATOR FOUNTAIN OOOM Co-Chairman 1 10 South tryon Street Charlotte. North Carolina 26203 GEORGE F. GIVENS Commission Counsel 545 Legislative Office Building 300 North Salisbury Street RALEfGH, North Carolina 276 1 1 (919) 733-2578 FAX 1919) 7tS-S460 SUSAN S. IDDINGS ASSISTANT Commission Counsel 401 Legislative Office Building |9I9) 733-6660 RICK A. ZECHINI Assistant Commission Counsel 545 Legislative Office Building (919) 733-2578 June 14, 2000 REPRESENTATIVE PRYOR GIBSON, 111 Co-Chairman 207 Lakewood Circle TROV, NORTH Carolina 27371 MARY R. WATSON Commission Clerk 1121 LEGISLATIVE Building 1 6 West jones Street Raleigh. North Carolina 27603 (919) 733-S708 FAX: (919) 733-2599 JEFF W. HUDSON Assistant Commission counsel 545 LECiSLATtVE OFFICE BUILDING (919) 733-2578 hannah i. holm Research Assistant 545 legislative office building )9I9) 733-2578 TO THE MEMBERS OF THE 1999 GENERAL ASSEMBLY Pursuant Article 12D of the North Carolina General Statutes, the Environmental Review Commission submits its report and recommendations to the 1999 General Assembly for the 2000 Regular Session. Respectfully submitted, senator T] n«5masiaFo Odom, Sr. Reofeserf Co-chairs Environmental Review Commission O MEMBERSHIP ENVIRONMENTAL REVIEW COMMISSION 1999-2000 President Pro Tern's Appointments Sen. Fountain Odom, Cochair 1515 Elizabeth Avenue Charlotte, NC 28204 704/377-7333 Sen. Charles Albertson 136 Henry Dunn Pickett Road Beulaville, NC 28518 910/298-4923 Sen. Betsy Cochrane 122 Azalea Circle Advance, NC 27006 910/998-8893 Sen. Hamilton Horton, Jr. 324 North Spring Street Winston-Salem, NC 27101 910/773-1324 Sen. Eleanor Kinnaird 207 West Poplar Avenue Carrboro,NC 27510 919/929-1607 Sen. Bob Martin PO Box 387 Bethel, NC 27812 252/825-4361 Sen. Beverly Perdue PO Box 991 New Bern, NC 28563 252/633-2670 Staff George Givens, Commission Counsel Jeffrey Hudson, Assistant Commission Counsel Rick Zechini, Assistant Commission Counsel Hannah Holm, Research Assistant Research Division, 545 Legislative Office Building 919/733-2578 Susan Iddings, Assistant Commission Counsel Bill Drafting Division, 401 Legislative Office Building 919/733-6660 Speaker's Appointments Rep. Pryor Gibson, Cochair 207 Lakewood Circle Troy,NC 27371 919/572-1217 Rep. Leslie Cox 508 Olde Towne Drive Sanford,NC 27330 919/776-1977 Rep. Arlie Culp 8521 US Hwy. 64 East Ramseur,NC 27316 336/824-2218 Rep. Joe Hackney PO Box 1329 Chapel Hill, NC 27514 919/929-0323 Rep. Marian McLawhom PO Box 399 Grifton,NC 28530 252/524-3113 Rep. Nurham Warwick 402 Fox Lake Drive Clinton, NC 28328 910/592-4807 Rep. Thomas Wright PO Box 1654 Wibnington, NC 28402 910/350-5921 Clerk Mary Watson, Commission Clerk 1121 Legislative Building 919/733-5708 u Authorizing Legislation North Carolina General Statutes ARTICLE 12D. Environmental Review Commission. §120-70.41. Commission established. The Environmental Review Commission is hereby established. § 120-70.42. Membership; cochairs; vacancies; quorum. The Environmental Review Commission shall consist of six Senators appointed by the President Pro Tempore of the Senate, six Representatives appointed by the Speaker of the House of Representatives, who shall serve at the pleasure of their appointing officer, the Chair of the Senate Committee on Environment and Natural Resources, and the Chair of the House of Representatives Committee on the Environment. The President Pro Tempore of the Senate shall designate one Senator to serve as cochair and the Speaker of the House of Representatives shall designate one Representative to serve as cochair. Any vacancy which occurs on the Environmental Review Commission shall be filled in the same manner as the original appointment. A quorum of the Environmental Review Commission shall consist of eight members. § 120-70.43. Powers and duties. (a) The Environmental Review Commission shall have the following powers and duties: (1) To evaluate actions of all boards, commissions, departments, and other agencies of the State and local governments as such actions relate to the environment or protection of the environment, including but not limited to an evaluation of: a. Benefits of each program relative to costs; b. Achievement of program goals; c. Use of measures by which the success or failure of a program can be measured; and d. Conformity with legislative intent; (2) To study on a continuing basis the organization of State government as it relates to the environment or to the protection of public health and the environment, including but not limited to: a. Improvements in administrative structure, practices, and procedures; b. Increased integration and coordination of programs and fiinctions; c. Increased efficiency in budgeting and use of resources; d. Efficient administration of licensing, permitting, and grant programs; e. Prompt, effective response to environmental emergencies; f. Opportunities for effective citizen participation; and g. Broadening of career opportunities for professional staff; (3) To make any recommendations it deems appropriate regarding the reorganization and consolidation of environmental regulatory agencies and the recodification of statutes relating to the environment, including but not limited to: a. Ways in which agencies may operate more efficiently and economically; m Authorizing Legislation b. Ways in which agencies can provide better services to the State and to the people; and c. Instances in which functions of agencies are dupHcative, overlapping, incomplete in scope or coverage, fail to accomplish legislative objectives, or for any other reason should be redefmed or redistributed; (4) To review and evaluate changes in federal law and regulations, relevant court decisions, and changes in technology affecting the environment or protection of the environment; (5) To review existing and proposed State law and rules affecting the environment or protection of the envirormient and to determine whether any modification of law or rules is in the public interest; (6) To make reports and recommendations, including draft legislation, to the General Assembly from time to time as to any matter relating to the powers and duties set out in this section; and (7) To undertake such additional studies as it deems appropriate or as may from time to time be requested by the President Pro Tempore of the Senate, the Speaker of the House of Representatives, either house of the General Assembly, the Legislative Research Commission, the Joint Legislative Commission on Governmental Operations, the Joint Legislative Utility Review Committee, or the Joint Select Committee on Low-Level Radioactive Waste and to make such reports and recommendations to the General Assembly regarding such studies as it deems appropriate; provided that the Environmental Review Commission shall not undertake any study which the General Assembly has assigned to another legislative commission or committee. (b) The Environmental Review Commission may continue the study of environmental agency consolidation and reorganization. The study of environmental agency consolidation shall include, but is not limited to: (1) Monitoring the implementation of Session Laws 1989, c. 727; (2) Evaluation of the organization, programs, and operation of the Department of Environment and Natural Resources; (3) Evaluation of the organization, functions, powers, and duties of the components of the Department of Environment and Natural Resources, including boards, commissions, councils, and regional offices; and (4) Recodification of the General Statutes relating to the environment and environmental agencies. (c) In addition to its general powers and duties, the Environmental Review Commission shall have the following powers and duties with respect to hazardous waste management: (1) To study the current and projected need for hazardous waste treatment, storage, and disposal capacity in the State in light of anticipated generation of hazardous waste and alternatives for hazardous waste treatment and disposal; IV Authorizing Legislation (2) To evaluate the potential for the development of additional hazardous waste treatment, storage, and disposal capacity by the private sector; (3) To study the necessity for and scope of hazardous waste treatment, storage, and disposal facilities which are sited, owned, or operated by the State; (4) To review progress in securing a volunteer county to host a hazardous waste treatment facility; (5) To study incentives and compensation for the community which hosts, either voluntarily or involuntarily, a hazardous waste treatment facility, including any additional incentives and compensation which may be needed, whether there should be differential compensation for a volunteer county, options for use of funds by local governments, distribution of compensation among local governments, and methods of providing flexibility in the development of an incentives and compensation package for a particular local community; (6) To review progress in developing interstate agreements for the treatment, storage, and disposal of hazardous waste; (7) To assist in the development of cooperative, comprehensive regional approach to hazardous waste treatment and disposal; (8) To examine criteria and procedures for the selection of sites for hazardous waste treatment, storage, and disposal facilities which are adopted by the Hazardous Waste Management Commission and determine whether any modification is needed; (9) To analyze existing State law governing the Hazardous Waste Management Commission and determine whether any changes are needed; (10) To study the capacity assurance requirement under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, Pub. L. No. 96-510, 94 Stat. 2767, 42 U.S.C. 9601 et seq., as amended, and the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499, 100 Stat. 1613, as amended as it relates to the continued eligibility of North Carolina for remedial actions under Superfund; (1 1) To study alternatives available to the State for dealing with hazardous waste and the ramifications of those alternatives; and (12) To receive and evaluate reports of every State agency, board, and commission which has any power or duty with respect to hazardous waste management. § 120-70.44. Additional powers. The Environmental Review Commission, while in the discharge of official duties, may exercise all the powers provided for under the provisions of G.S. 120-19, and G.S. 120-19.1 through G.S. 120-19.4. The Environmental Review Commission may meet at any time upon the call of either cochairman, whether or not the General Assembly is in session. The Environmental Review Commission may meet in the Legislative Building or the Legislative Office Building upon the approval of the Legislative Services Commission. Authorizing Legislation Notwithstanding any rule or resolution to the contrary, proposed legislation to implement any recommendation of the Environmental Review Commission regarding any study the Environmental Review Commission is authorized to undertake or any report authorized or required to be made by or to the Environmental Review Commission may be introduced and considered during any session of the General Assembly. § 120-70.45. Compensation and expenses of members. Members of the Environmental Review Commission shall receive subsistence and travel expenses at the rates set forth in G.S. 120-3.1. § 120-70.46. Staffing. The Legislative Services Officer shall assign as staff to the Environmental Review Commission professional employees of the General Assembly, as approved by the Legislative Services Commission. Clerical staff shall be assigned to the Environmental Review Commission through the offices of the Supervisor of Clerics of the Senate and Supervisor of Clerks of the House of Representatives. The expenses of employment of clerical staff shall be borne by the Environmental Review Commission. §120-70.47. Funding. From funds available to the General Assembly, the Legislative Services Commission shall allocate monies to fund the work of the Environmental Review Commission. VI Commission Proceedings COMMISSION PROCEEDINGS The Environmental Review Commission met nine times between the 1999 Regular Session of the 1999 General Assembly and reporting to the 2000 Regular Session of the 1999 General Assembly. The proceedings of each meeting are summarized below. Complete sets of minutes for each meeting, including all materials distributed, are available in the Legislative Library. November 4, 1999 1999 Hurricanes The Environmental Review Commission (ERC) heard briefings on the impact of the 1999 hurricanes and the response by State agencies. Presentations were given by representatives from the Division of Emergency Management in the Department of Crime Control and Public Safety; the Department of Commerce; the Department of Transportation; the Department of Health and Human Services; the Department of Agriculture and Consumer Services; the Department of Environment and Natural Resources (DENR); and the Department of Revenue. The ERC also heard a report on floodplain mapping, which noted that the floodplain maps for many areas of the State are out-of-date. Members expressed concem over what may be rebuilt in the floodplain and the length of time it would take for participants in buy-out programs to receive the money to relocate. Clean Water Management Trust Fund David McNaught, Executive Director of the Clean Water Management Trust Fund, reported on projects awarded grants from the Fund. He said the Fund had established a special program to address the flooding problems associated with the hurricanes. Solid waste Paul S. Crissman, Environmental Supervisor for the Solid Waste Section of the Division of Waste Management in DENR, and Scott B. Mouw, Section Chief of the Community and Business Assistance Section of the Division of Waste Management in DENR, reported on solid waste management efforts in the State. They noted that most counties in the State are making negative progress towards reaching the statutory goal of reducing by 40% the quantity of solid waste discarded by each person. The presenters and the ERC members discussed potential measures to address this failure by making the disposal of solid waste in landfills more costly relative to the cost of recycling. Commission Proceedings November 23, 1999 Environmental Management Commission Dr. David H. Moreau, Chair of the Environmental Management Commission (EMC), gave a report on recent EMC activities. These included progress in rulemaking to limit the emissions of nitrogen oxides (NOx) from complex sources, such as large shopping centers, and the EMC's progress in adopting a rule to regulate the emission of odor from animal waste management systems. Questions were raised about the impact on North Carolina of recent court decisions on air quality standards established by the federal Environmental Protection Agency (EPA). DENR representatives noted that the applicability of various federal standards had become less clear, but North Carolina could still proceed with its own air quality measures. Regarding the odor rule, a question was raised about the ability of a complainant to appeal a finding of no violation by DENR. DENR representatives were unable to answer conclusively. Hurricane update Michael A. Kelly, Director of the DENR Hurricane Response Center and Deputy Director of the Division of Waste Management in DENR, gave the ERC an update on the impacts of the 1999 hurricanes and DENR's response. O. Rolf Blizzard, Director of Special Projects in the Office of the President Pro Tempore of the Senate, reported on efforts to secure federal aid to fund hurricane recovery efforts in the State. There was considerable discussion regarding the fmding that 30% of the drinking water wells tested after the hurricanes showed contamination, but that this was no worse than under non- flood conditions. Members also expressed concerns about the timelines for housing replacement, the accuracy of damage estimates, and the fact that Congress had appropriated less money for flood relief than the State had requested. Emergency best management practices (BMP s) for animal waste management systems Dewey Botts, Assistant Secretary for Natural Resources, and David S. Vogel, Director of the Division of Soil and Water Conservation in DENR, reported on the establishment of emergency BMPs for animal waste management systems adopted by the Soil and Water Conservation Commission in the wake of the 1999 hurricanes. They told the ERC that the priority consideration in adopting the BMPs was to protect lagoon integrity. Members raised questions regarding the legal authority of the Soil and Water Conservation Commission to adopt these BMPs outside of the rulemaking process. Mr. Vogel also aimounced that $5.7 million from the Clean Water Management Trust Fund would be used to relocate swine farms out of the flood plain. Some concerns were expressed about how the spending would be prioritized and the effect of diverting money that would have otherwise been used for other projects. There was also some discussion of the potential for adopting alternative technologies to treat animal waste. Enforcement of water quality laws Coleen Sullms, Section Chief of the Water Quality Section of the Division of Water Quality in DENR, gave a report on the enforcement of water quality laws for animal waste management systems and facilities that discharge mto surface waters, such as wastewater treatment plants. Commission Proceedings Wetlands Ms. Sullins also reported on the progress of the Wetlands Stream Management Advisory Committee, which is a stakeholder group that is working to improve regulatory and nonregulatory programs to protect wetlands and streams. Ms. Sullins also noted that a recently filed lawsuit questioned the authority of the State's wetlands protection programs. Research The ERC heard reports from university researchers on several projects related to water quality and animal waste management. Dr. Kenneth H. Reckhow, Director of the Water Resources Research Institute at the University of North Carolina, reported on the Neuse River Modeling and Monitoring Project (MODMON). Dr. Reckhow said the models developed by the project will become increasingly beneficial for predicting the outcome of management techniques as the models are further developed. Dr. Charles M. "Mike" Williams, Director of the Animal and Poultry Waste Management Center at North Carolina State University, reported on the following projects: • Altemative waste technologies: Dr. Williams said that the key to making most altemative technologies work would be to take a systems approach so that the end product of treatment would have value, rather than be a liability. • Groundwater impacts of lagoons: This study assessed contamination levels in groundwater at 125 feet, 250 feet, and 1000 feet fi-om a selection of 34 lagoons. The study docimiented substantial contamination levels at the wells closest to the lagoons and significantly less at the more distant wells. • Atmospheric deposition of nitrogen in the Neuse Estuary: This study found a significant association between animal waste lagoons and atmospheric deposition of nitrogen. Dr. William T. Showers, Associate Professor in the Department of Marine, Earth, and Atmospheric Sciences at North Carolina State University, reported on a project to trace sources of nitrogen through identifying isotope markers. Dr. Showers said weather cycles influence the levels and sources of nitrogen in surface waters. He also noted that wetlands appear to absorb nutrients very well. Dr. Showers recommended that major nitrogen sources be moved out of groundwater recharge areas as well as floodplains and noted that more study of groundwater was needed. He also recommended the preservation of riparian buffers. Joint Meeting with Joint Legislative Commission on Seafood and Aquaculture (JLCSA) The ERC and the JLCSA met jointly to hear reports on fishery management plans and coastal habitat protection plans. Commission Proceedings January 20, 2000 Wetlands The ERC heard a report on the Wetlands Restoration Program from Ronald E. Ferrell, Program Manager of the Wetlands Restoration Program in DENR. Mr. Ferrell explained that wetland restoration efforts are being increasingly integrated with the basinwide water quality plans developed by the Division of Water Quality. He also explained that the new mitigation process, in which someone who fills a wetland can pay DENR to create a mitigating wetland, is more efficient and ecologically effective than the old process, in which the entity responsible for wetland destruction had to manage the mitigation project. Mr. Ferrell said the program has still not achieved the goal of no net loss of wetlands. In response to questions about stream restoration, Mr. Ferrell explained that increasing runoff from development led to stream degredation from higher velocities and volumes of water, and that this could be addressed by adding meanders and re-vegetating the banks. Members raised concerns about the cost per acre and per foot for wetland and stream restoration. Basinwide Water Quality Plans Coleen Sullins, Section Chief of the Water Quality Section in the Division of Water Quality in DENR, described the basinwide planning process. ERC members raised questions about how the basinwide plans addressed sedimentation and whether the plans were successful in improving water quality in general. Ms. Sullins responded by noting that nutrient reductions have been achieved in some streams, and that other agencies and organizations are using the plans to coordinate their water quality protection activities. State Water Supply Plan Anthony Young, Chief of the Water Supply Planning Section of the Division of Water Resources in DENR, presented the State Water Supply Plan. He explained that the plan was a snapshot of the condition of the State's water resources, prepared every five years by collecting data gathered at the local level. He also noted that a stakeholder process was underway to develop a proposed rule for a Capacity Use Area in Eastern North Carolina. Mr. Young said recent action by the General Assembly to lower the threshold of water withdrawals requiring registration had improved the data available for planning, but that there was still a higher threshold for reporting agricultural withdrawals. The ERC then discussed the possibility of ending the agricultural exemption from the lower reporting threshold. There was also some discussion about the coordination of industry recruitment and water re-use initiatives with the water supply planning process. Fish kills Mark Hale, an Environmental Biologist with the Environmental Sciences Branch of the Water Quality Section of the Division of Water Quality in DENR, reported that there had not been a large number of fish kills in the preceding year. River Herring Fishery Management Plan The ERC heard a report on the draft River Herring Fishery Management Plan from Preston Pate, Director of the Division of Marine Fisheries in DENR. The ERC deferred Commission Proceedings detailed consideration of the plan to the Joint Legislative Commission on Seafood and Aquaculture. Environmental education Anne Taylor, Director of the Office of Environmental Education in DENR, told the ERC that all environmental education grant moneys for this year are being used to rebuild libraries damaged or destroyed by hurricane-related floods. Leaking Underground Storage Tank Cleanup Program Burrie V. Boshoff, Section Chief of the Underground Storage Tank Section in the Division of Waste Management m DENR, reported on the Leaking Underground Storage Tank Cleanup Program. The cleanup funds for both commercial and non-commercial sites showed positive balances. ERC members asked whether this program would ever completely finish its work, or if new leaks would make this impossible. Environmental Management Commission Dr. David H. Moreau, Chair of the Environmental Management Commission (EMC), reported on the EMC's recent activities and gave an update on controversies surrounding air quality measures. The issue of whether complainants could appeal a fmding of no- violation of the EMC's rules on odor fi-om animal waste management systems was addressed, with DENR representatives stating that in their opinion, complainants did not have the right to appeal. Representative Hackney commented that statutory guidance may be needed to provide a remedy to this. Revised best management practices (BMP s) for animal waste management systems David S. Vogel, Director of the Division of Soil and Water Conservation in DENR, reported on revisions to the emergency BMPs for animal waste management systems adopted by the Soil and Water Conservation Commission following the 1999 hurricanes. He said the revisions had been made in response to complaints that the original emergency BMPs were not sufficiently protective of water quality. The environmental groups that had challenged the original emergency BMPs supported the revised BMPs. Allocations from the Parks and Recreation and Natural Heritage Trust Funds Philip K. McKnelly, Director of the Division of Parks and Recreation in DENR, reported on allocations from the Parks and Recreation Trust Fund and the Natural Heritage Trust Fund. ERC members asked about the impact of budget cuts, and Mr. McKnelly responded that the cuts had not impacted the funds, but had impacted resources available to cover operating costs. In discussing natural resource inventories conducted under the Natural Heritage Program, Mr. McKnelly noted that the inventories should be updated periodically, but money is not always available for this. Cullasaja River Mr. Mcknelly also presented information on the feasibility of designatmg the portion of the Cullasaja River that borders the Nantahala National Forest as part of the North Carolina Natural and Scenic Rivers System. There was interest in voting to recommend a bill to make the designation, but the Chairs decided to delay such action until after Commission Proceedings hearing objections from the Town of Highlands and an opinion from the Attorney General's Office on the matter. Acquisition of additional property for Lake James State Park Mr. McKnelly reported on actions by DENR to negotiate the purchase of additional property for Lake James State Park. He said the acquisition would greatly enhance the value of the park. He was not able to provide detailed information on the potential purchase, due to the fact that negotiations were still underway. Commission Proceedings February 17, 2000 Water quality William E. Holman, Secretary of Environment and Natural Resources, reported to the ERC on current water quality issues. These included pollution from animal waste, municipal waste, and nutrients from fertilizer used to melt ice and snow. Mr. Holman noted that temporary rulemaking to require buffers along the Catawba and Cape Fear Rivers was progressing with the input of stakeholders. ERC members expressed concerns that animal operations and mimicipal treatment plants may not face equal enforcement actions. A request was made that reports on compliance with water quality laws include better information on the types of enforcement actions taken and the volumes of the discharges involved. Air quality Mr. Holman and Brock M. Nicholson, Chief of the Planning Section of the Division of Air Quality in DENR, presented the Governor's draft clean air plan and an update on rulemaking to reduce emissions from utilities and other major point sources. There was some discussion about altemative energy sources and efforts to cooperate with other states to reduce air pollution that is transported across state lines. Daniel F. McLawhom, DENR General Counsel, gave updates on various legal actions and rulemaking steps at the federal and State levels that affect air quality controls. Janet D'Ignazio, Chief Planning and Environmental Officer for the Department of Transportation, explained the process of determining conformity of transportation plans with federal air quality standards. She noted that federal money for transportation improvements can be withheld if an area cannot show how its transportation plans are compatible with achieving federal air quality standards. Atmospheric deposition of nitrogen George C. Murray, Chief of Ae Ambient Air Monitoring Section of the Division of Air Quality in DENR, and Dr. Viney P. Aneja, Professor in the Department of Marine, Earth, and Atmospheric Sciences at North Carolina State University, gave an update on research on the atmospheric deposition of nitrogen. They said nitrogen oxides (NOx) from power plants and automobiles and ammonia from animal waste management systems are the major sources of nitrogen deposited in estuaries from the air. Dry-cleaning Solvent Cleanup Program Bruce I. Nicholson, Head of the Special Remediation Branch in the Superfund Section of the Division of Waste Management in DENR, explained that the current dry-cleaning solvent cleanup program doesn't work. This is because obtaining environmental insurance is a requirement for accessing the fimd, and this insurance has since become unavailable. In addition, the program does not have enough frmding to meet the need for cleanups. Mr. Nicholson noted that studies indicate that 95% of dry-cleaning facilities established prior to 1990 and 60% of facilities established after 1990 may be contaminated. Senator Odom requested specific legislative recommendations for how to make the dry-cleaning solvent cleanup program work. Commission Proceedings Stormwater management Coleen SuUins, Section Chief of the Water Quality Section of the Division of Water Quality in DENR, reported on the implementation of stormwater runoff rules and programs, including new federal standards that will require smaller municipalities to manage stormwater. This presentation was followed by a discussion of issues related to the outcome of the Smith Chapel Baptist Church v. City of Durham case, in which the Supreme Court of North Carolina agreed with the church's challenge to the city's authority to levy a fee to cover the administration of its stormwater program. Rick A. Zechini, Assistant Commission Coimsel, presented background information on the case, and Andrew L. Romanet, Jr., General Counsel to the North Carolina League of Municipalities, spoke about the potential impact of the decision on municipal governments. The ERC then discussed recommending legislation to clarify that local governments have the authority to levy fees to administer their stormwater programs. Coastal water quality Doima D. Moffitt, Director of the Division of Coastal Management in DENR, reported on rulemaking by the Coastal Resources Commission (CRC) to require the preservation of 30 foot vegetated buffers along rivers and streams throughout the coastal counties in order to protect water quality. She noted that the 30 foot buffer rule was a substitute for a more ambitious plan to require wider buffers and expand the area subject to the permitting requirements of the CRC under the Coastal Area Management Act. The more controversial plan was opposed by many local governments, and the CRC convened the North Carolina Estuarine Shoreline Protection Stakeholders Group to develop an alternative proposal. Eugene B. Tomlinson, Chair of this stakeholder group, stated that coastal water quality protection is the responsibility of everyone, not just those who live in the coastal counties. The stakeholder group's recommendations include extending riparian buffer protection and land-use planning requirements upstream from the coastal counties. Water quality in drinking water wells Dr. Rick L. Langley, Medical Epidemiologist in the Occupational and Enviroimiental Epidemiology Branch of the Division of Epidemiology in the Department of Health and Human Services, and Arthur Mouberry, Chief of the Groundwater Section of the Division of Water Quality in DENR, reported on the contamination of groundwater by methyl teriary-butyl ether (MTBE). They reported that 6-9% of all North Carolina drinking water wells are contaminated by MTBE to some degree and noted that the Environmental Management Commission (EMC) was acting to lower the standard for MTBE in drinking water. There was significant discussion about how the standard for contamination was set and the practical effect of the standard. ERC members also asked how many people had been made ill in North Carolina from drinking MTBE-contaminated drinking water. This information was not available. Linda C. Sewall, Director of the Division of Environmental Health in DENR, reported on broader issues related to the quality of drinking water from wells. She recommended establishing a statewide program for well inspections. Commission Proceedings Straight Pipe Elimination Program Terrell Jones, Supervisor of the Wastewater Discharge Elimination (WaDE) Program in the Onsite Wastewater Services Branch of the Onsite Wastewater Section of the Division of Environmental Health in DENR, gave a report on the WaDE program. This program is also known as the straight pipe elimination program. He explained that a straight pipe could be a system that pipes all household sewage directly into a stream, a bypass of a septic tank for gray water, or a malfunctioning septic tank. He described the program and said that it could be much more efficient if it were consolidated, rather than administered by each county separately. ERC members requested more detailed information on the results of the program and the cost to eliminate each straight pipe. Commission Proceedings March 16, 2000 Straight Pipe Elimination Program (continued from February 1 7, 2000) Terrell Jones, Supervisor of the Wastewater Discharge Elimination (WaDE) Program in the Onsite Wastewater Services Branch of the Onsite Wastewater Section of the Division of Environmental Health in DENR, followed up on his previous presentation to the ERC with additional information on how many installations and repairs the WaDE program had achieved. Senator Odom requested specific recommendations on how to improve the program's effectiveness. Staff retention in DENR Michael Williamson, Deputy Secretary for Operations in DENR, and Carolyn W. Anderson, Principal Analyst for Environmental Affairs in the Environmental Services Section of Carolina Power & Light Company, Inc., reported on issues related to the retention of environmental engineers in DENR. They stated that a permit reform team, of which Ms. Anderson was a member, had identified high turnover rates (10-20%) in DENR as an obstacle to more efficient permitting programs. Low salaries, a complicated personnel system, lack of training opportunities, and management problems were cited as reasons for the high turnover rate. Mr. Williamson said DENR was addressing these problems by working with the Office of State Personnel to get a one-range adjustment to the salaries of environmental engineers, as well as providing training opportunities, conducting employee surveys, and training supervisors. ERC members expressed skepticism that a one-range salary adjustment would significantly improve the situation. Stormwater (continued from February 1 7, 2000) Kimberly L. Hibbard, Associate General Counsel for the North Carolina League of Municipalities, and Linda A. Miles, City Attorney for the City of Greensboro, spoke about the impact of the Smith Chapel decision on municipalities. Ms. Hibbard noted that the issue concerned smaller cities as well as larger ones, due to new federal stormwater management requirements. Senator Horton noted that a memorandum explaining why the City of Durham's use of stormwater fees was challenged had been distributed. Water quality fiinds David McNaught, Executive Director of the Clean Water Management Trust Fund; David B. Freeman, Jr., Executive Director of the Cape Fear River Assembly, Inc.; and Richard N. Hicks, Chair of the Lower Neuse Basin Association, Inc. gave presentations on how their organizations have spent funds appropriated by the General Assembly for water quality improvement efforts. Mr. Freeman and Mr. Hicks said their organizations had used State funds to leverage additional contributions from other sources for water quality monitoring, studies, and improvements to facilities that discharge into surface waters. Air quality Daniel F. McLawhom, General Counsel for DENR, gave an update on the NOx SIP Call lawsuit, in which North Carolina and other states had challenged the federal Environmental Protection Agency (EPA) requirement that they implement plans to make 10 Commission Proceedings specific reductions in nitrogen oxide (NOx) emissions from point sources in order to reduce the transport of NOx to areas with air quality problems in northeastern states. Mr. McLawhom said the EPA had prevailed on most points, but not all, and it would probably take two years for the required plans to be unplemented. He also said an appeal to the Supreme Court was likely. Mr. McLawhom stated that despite the lawsuit, the Environmental Management Commission was moving forward to implement the State's ovm clean air plan. He added that the EPA could attempt to achieve emissions reductions similar to those sought under the NOx SIP Call by other means. Alan W. Klimek, Director of the Division of Air Quality in DENR, and Heather J. Hildebrandt, an Environmental Engineer with the Mobile Sources Compliance Branch in the Technical Services Section of the Division of Air Quality in DENR, presented recommended incentives to increase the use of alternative-fueled and low-emission cars and trucks in privately-owned fleets. These included tax credit and loan subsidies for the purchase of such vehicles. A fiscal analysis of the proposals was requested. Open burning David Jarman, Fire Chief of the Division of Forest Resources in DENR, gave a presentation on procedures for issuing open burning permits on five or more acres near woodlands under DENR's protection. Mr. Jarman said there had been smoke problems from the burning of organic soils in drought conditions along the coast and said DENR was considering canceling open burning permits in drought conditions. Inactive Hazardous Sites Program Charlotte Jesnick, Head of the Inactive Hazardous Sites Program in the Superfimd Section of the Division of Waste Management in DENR, gave a report on the inactive hazardous sites program. She noted that old landfills had emerged as a potential problem, posing risks to drinking water wells nearby and problems with the migration of gasses from sites that have been paved over. She said recent legislation that authorized the privatization of oversight functions at voluntary cleanup sites and the use of land-use restrictions instead pristine cleanups where appropriate had helped the program stretch its resources and be more effective. Brownfields Bruce I. Nicholson, Head of the Special Remediation Branch in the Superfimd Section of the Division of Waste Management in DENR, and Tom Warshauer, Manager of the Employment and Business Services Division for the City of Charlotte, reported on the Brownfields Program. Mr. Nicholson explained that businesses that enter into brownfields agreements with the State receive protection from liability for contamination in exchange for conducting partial cleanups and accepting land-use restrictions on their property to protect public health and the environment from any remaining pollution. He further explained that the liability protection is only available for parties not originally responsible for the pollution, and that the program removes disincentives for the redevelopment of blighted urban areas. Mr. Nicholson noted that a provision of the Bill Lee Act that requires the State to charge a fee to cover the State's cost for administering a brownfield agreement could be a disincentive to using the brownfields program. He noted 11 Commission Proceedings that the provision had not yet been used, because all funds used to administer brownfields agreements up to this point have come from the federal government. Mr. Nicholson also stated that an alternative way to fiind the Brownfields Program would be to place a small fee on greenfield development. Mr. Warshauer also recommended the establishment of an impact tax on greenfield development to fund the Brownfields Program. He explained that charging a fee would make brownfield agreements unaffordable to small businesses seeking to redevelop blighted properties. Mr. Washauer gave several examples of brownfields agreements that have successfully been completed in Charlotte. ERC members expressed concem that the State had not approved more brownfields agreements. Mr. Nicholson responded that the program had not yet received any State funding, and that the limited federal funding for the program may soon be terminated. The concept of providing property tax waivers for redeveloped properties was also discussed. Adopt-a-Beach Program Michael J. Lopazanski, Coastal and Ocean Policy Analyst for the Division of Coastal Management in DENR, presented the annual report on the Adopt-A-Beach Program. He said the program was popular, but had received no funding for several years. ERC members commented that legislation should be introduced to drop the annual reporting requirement if the General Assembly does not appropriate money for the program. Animal waste lagoons David S. Vogel, Director of the Division of Soil and Water Conservation in DENR, presented an interim report on the required inventory of inactive lagoons and ranking of the extent to which each lagoon poses a threat to public health, the environment, or the State's natural resources. He said the final report was not yet finished due to a recent snowstorm. Mr. Vogel said 1,031 inactive lagoons had been identified so far, 628 of which had been visited by DENR staff. He said the risk rankings of the lagoons would be based on the risk to groundwater, concentrations of nutrients and contaminants in the lagoons, and the strength of the lagoon embankments. He said a final report should be ready by April 25, 2000. Mr. Vogel also gave an update on the implementation of the State's program to buy out intensive swine operations in the floodplain. He said all conservation easements acquired through the buy-out program would require soil and water conservation plans and the restoration of the sites. He added that an advisory panel would choose among the 82 applications for buy-outs at 79 sites. Funding all the applications would require $50 million, and only $5 million is available for the program. In response to questions about why the buy-out program applies only to swine operations and not poultry operations, Mr. Vogel said new swine operations were prevented by law from locating in the floodplain, which is not the case for other types of animal operations. 12 Commission Proceedings North Carolina Water Quality Work Group Dr. William Kreutzberger, Chair of the North Carolina Water Quality Work Group, and Dr. William T. Showers, Associate Professor in the Department of Marine, Earth, and Atmospheric Sciences at North Carolina State University, reported on the progress of the North Carolina Water Quality Work Group. They explained that the rivemet monitors the Work Group was installing would provide an effective and efficient way to collect and disseminate data, as well as instantly detect spills. ERC members commented that all the different groups monitoring water quality should coordinate their work. Proper maintenance of septic systems Malcohn Blalock, Deputy Director of the Division of Enviroimiental Health in DENR, reported on recommendations fi-om the Commission for Health Services regarding the proper maintenance of septic tanks. The recommendations call for a pilot project on septic tank location notification and the certification of septic tank installers. ERC members asked that a consensus recommendation be reached with the participation of the North Carolina Septic Tank Association prior to the next ERC meeting. Tax credit for nonpolluting dry-cleaning equipment Marvin D. Musselwhite, Attomey for Poyner & Spruill, LLP, representing Micell Technologies, Inc., discussed the concept of providing a tax credit for investments in dry- cleaning technologies that do not use a hazardous substance as a solvent. ERC members requested a fiscal analysis of the proposal. 13 Commission Proceedings April 6, 2000 Straight Pipe Elimination Program (continued from March 16, 2000); other updates William E. Holman, Secretary of Environment and Natural Resources, stated that he had not yet had time to review recommendations on improving the straight pipe elimination program. Instead, he gave an update on DENR's air quality activities; mentioned that a plan had been developed in response to the Governor's call to find a way to preserve one million acres of open space in the next ten years; commented on ongoing staff retention problems; and noted that the new North Carolina Museum of Natural Science would soon have its grand opening. Update on litigation against former Division of Water Quality Director Daniel F. McLawhom, General Counsel for DENR, provided an update on the lawsuit filed by Purvis Farms against Preston Howard, former Director of the Division of Water Quality in DENR. Mr. McLawhom noted that additional protection for individuals sued for actions imdertaken as part of their DENR duties could be provided by an act of the General Assembly declaring that in a personal suit that fails, the suing entity must pay the private individual's attorney fees. Wastewater Collection System Permit Program Coleen Sullins, Chief of the Water Quality Section of the Division of Water Quality in DENR, presented a status report on progress in developing and implementing a wastewater collection system permit program. She described the problems that typically cause breaks in collection system pipes and noted that many could be prevented with proper maintenance. She explained that minimum design criteria had been established to fast-track the permitting process. She said that under the holistic collection system permitting process required by House Bill 1 160, a system could be "deemed permitted" if it met a series of requirements related to plaiming and maintenance. Wetlands Stream Management Advisory Committee Robin W. Smith, Assistant Secretary for Natural Resources, explained that the Wetlands Stream Management Advisory Committee, a stakeholder group that had been working to improve wetlands and stream regulation, had come to an impasse as a result of a lawsuit challenging the statutory authority of the State's wetlands protection program. She said the participation of some committee members in the lawsuit had reduced the interest of other committee members in continuing discussions. Ms. Smith said DENR was currently trying to refocus the committee's work on less controversial technical issues in the short term. List of impaired waters Ms. Sullins presented a list of impaired waters in the State that was required by the federal Environmental Protection Agency (EPA). She explained the factors that can lead to the placement of a waterway on the list, as well as how a waterway can be removed firom the list. She said sedimentation and fecal coliform bacteria were major causes of impairment, and that a significant number of waters were listed based on biological impairment despite the absence of any obvious cause. Ms. Sullins said urban and 14 Commission Proceedings agricultural runoff were the biggest sources of impairment. ERC members asked several questions about the process of listing waters and the sources of impairment on specific bodies of water. Members also expressed concern that agriculture may be unfairly targeted by water quality laws and enforcement, considering that it appeared to account for only 27% of the instances of impairment. Sedimentation Control Program Mell F. Nevils, Jr., Chief of the Division of Land Resources in DENR, gave a report on the role of sedimentation control in protecting water quality. He said the numbers of sediment control projects and disturbed acres were increasing. He reported that his staff is now inspecting sites more frequently than ever before and has recorded an increase in off-site sedimentation from disturbed sites. ERC members raised concerns about a mining permit that had been approved with no notice to neighbors and requested that legislation be drafted to address the problem. Upper Neuse River Basin Association, Inc. Lisa Martin, Executive Director of the Upper Neuse River Basin Association, Inc., reported on the activities of the Association, which received an appropriation from the General Assembly to develop an Upper Neuse River Watershed Management Plan. Ms. Martin reported that the association consisted of local governments with land-use jurisdiction in the Falls Lake Watershed, and said the focus of the group was on protecting drinking water quality. ERC members requested that Ms. Martin provide a detailed accounting of how the appropriation to the association had been spent. Solid waste Dexter R. Matthews, Chief of the Solid Waste Section of the Division of Waste Management in DENR, presented reports on the management of white goods, the condition of the scrap tire disposal account, and the status of solid waste management efforts in the State. He said the white goods program had been very successful, and that the State was now recycling 54% of its scrap tires. Senator Odom requested that DENR work with ERC staff to develop legislation to remove sunsets on the scrap tire and white goods programs, and also make provisions for reducing the fees that support the programs. Mr. Mathews noted that the State is still making negative progress towards its solid waste reduction goal, and recommended the following measures to address this: requiring "pay-as-you-throw" programs; requiring buy-recycled programs; and establishing a statewide tipping fee. Heather E. Sandner, Waste Management Analyst for the Community and Business Assistance Section of the Division of Pollution Prevention and Environmental Assistance (DPPEA) in DENR, gave an annual report on the amounts and types of materials and supplies with recycled content that were purchased by State agencies during the previous fiscal year. Ms. Sandner reported that the information DPPEA had received from other State agencies demonstrated declining support for recycling and buying recycled products by top managers. There was discussion about how to make agencies more committed to recycling and buying recycled products. 15 Commission Proceedings April 25, 2000 Environmental Management Commission Dr. David H. Moreau, Chair of the Environmental Management Commission (EMC), reported on recent activities of the EMC, including updates on measures to improve air quality, groundwater quality, and surface water quality. The EMC had sent three options for reducing NOx emissions to public hearing, but fiirther actions would be contingent on the outcome of unresolved lawsuits. Groundwater actions included adopting minimum management practices at dry-cleaning operations and the revision of groundwater standards for several contaminants. Surface water activities included studying under what circumstances privately owned wastewater treatment systems should be required to connect to publicly owned wastewater treatment systems. Dr. Moreau said a survey revealed strong support for requiring the connection of non-compliant systems, but privately-owned systems were not always the worst offenders and shouldn't necessarily be targeted. He also noted that a stakeholder process was underway to develop a statewide program for stormwater management, and that the EMC had sent out a notice of its intent to establish rules to initiate the conversion of animal waste lagoons. ERC members raised questions about how North Carolina compares to other states in terms of air quality and air quality protection measures. DENR staff said they could provide additional information on this topic. Members also discussed who would bear the cost of emissions reductions at point sources, the ratio of emissions reductions from point sources and mobile sources under federal and State initiatives, the potential impact of deregulation on air quality, and altemative sewage treatment and disposal methods. Inactive animal waste lagoons (continued from March 16, 2000) David S. Vogel, Director of the Division of Soil and Water Conservation in DENR, explained how his division and the Division of Water Quality had worked together to establish an inventory and risk-ranking of inactive animal waste lagoons. He noted that the rankings were based on physical assessments rather than chemical analysis of lagoon contents or groundwater sampling. Mr. Vogel reported that out of 1 142 inactive lagoons identified, 39 were determined to pose a high risk for breaches or overflows that could contaminate surface waters; 1060 posed a medium risk for breaches, overflows, or leaks to groundwater; and 43 posed a low risk of contaminating either surface or groundwater. He recommended immediate action to close the high-risk lagoons and additional analysis to more precisely assess the dangers posed by medium-risk lagoons prior to proceeding with more closures. ERC members raised questions about why the inactive lagoons had been abandoned, why an inactive lagoon would overflow, the scientific basis for identifying the high-risk lagoons, potential closure methods, and why the public should pay for lagoon closure. ERC members also asked for the arrangement of an informal tour of some of the inactive lagoons. 16 Commission Proceedings Discharges of untreated and partially treated municipal and domestic wastewater William J. Reid, Assistant Chief of the Water Quality Section of the Division of Water Quality in DENR, reported on discharges of untreated and partially treated municipal and domestic wastewater and recommendations to reduce these discharges. Mr. Reid noted that collection system inflow and infiltration was the biggest contributor to spills, and that grease and oil in the collection systems was also a major problem. He said that ongoing efforts in establishing collection system permits, tougher enforcement, and educational efforts seek to reduce these problems. He added that grants and loans provided by the Clean Water Bonds issued in 1998 have also been important in helping upgrade wastewater facilities. Mr. Reid noted that the Division had seen a 5% increase in compliance by municipal and domestic wastewater treatment works from 1997 to 1999. His recommendations included providing a regular funding source for grants to mimicipalities to upgrade their treatment plants. ERC members then debated why people across the state should subsidize the repair of treatment works that have not been properly maintained. Leaking Petroleum Underground Storage Tank Cleanup Program Burrie V. Boshoff, Section Chief of the Underground Storage Tank Section of the Division of Waste Management in DENR, presented a report on the fiscal condition and cleanup record of the Leaking Petroleum Underground Storage Tank Program. The funds for the cleanup of both commercial and noncommercial sites with leaks have positive balances, and there has been a major increase in the number of sites closed relative to the number of new sites discovered. Mr. Boshoff recommended legislative action to authorize the program to pay consultants for cleanup results rather than cleanup systems. ERC members raised questions about the need for assessment at low-risk sites and expressed concern about leaks from new and upgraded tanks. Dry-cleaning operations Rick A. Zechini, Assistant Commission Counsel, presented proposed amendments to previously introduced dry-cleaning solvent cleanup legislation. Mr. Zechini explained that the proposed amendments would earmark additional sales tax revenue from dry- cleaning services to the Dry-Cleaning Solvent Cleanup Fund and would repeal an insurance requirement for accessing the fund. Denny Shaffer, Representative of the North Carolina Association of Launderers and Cleaners, supported the proposed amendments. Despite concerns that the earmarked tax would apply even to cleaners using solvents that do not contain hazardous substances, the ERC voted to recommend the amendments to the General Assembly. Mr. Zechini also explained proposed legislation to establish a tax credit of up to 35% for investment in dry-cleaning and wet-cleaning equipment that does not use a hazardous substance as a solvent. Despite some concern that the credit may be too large, the ERC voted to recommend the legislation to the General Assembly. Floodplain management Robin W. Smith, Assistant Secretary for Environmental Protection in DENR, presented a proposal to expand the scope of the State's floodway statute to include the 17 Commission Proceedings entire 1 00-year floodplain and adopt minimum standards for floodplain development. The proposal would make a local government's eligibility for State infrastructure assistance contingent upon the adoption of ordinances consistent with State standards. In response to concerns about using existing floodplain maps, which are often out-of-date, Ms. Smith said DENR was addressing that problem as a separate issue. She noted that better maps may be used as they are developed. Questions were also raised about the potential impact of the proposal on the availability of flood insurance. ERC staff was then directed to work with DENR to draft legislation reflecting the proposal. Maintenance of septic tanks (continued from March 16, 2000) Linda C. Sewall, Director of the Division of Environmental Health in DENR, reviewed recommendations previously presented to the ERC by the Commission for Health Services (CHS) for the maintenance of septic tanks. She noted that a recommendation to certify septic tank installers had aroused particular interest, and the ERC had requested that the septic tank industry be consulted about this recommendation. She said all stakeholders were in favor of certifying or licensing septic tank installers, but not through programs administered by local Health Departments, as recommended by CHS. She said the other options were to establish a certification program administered by a State agency or a establish a licensing program administered by an independent board. Doug Lassiter, Legislative Liaison for the North Carolina Septic Tank Association, spoke in support of licensing by an independent board. ERC members expressed interest in having legislative proposals drafted to reflect these options. Forestry issues related to water quality William E. Holman, Secretary of Environment and Natural Resources, said the report on improving compliance with Forest Practice Guidelines related to water quality had not yet been completed to everyone's satisfaction, but that there was consensus on some points. These included an acknowledgement of the importance of all types of forest lands to water quality. He also noted that there was increasing interest in sustainable forestry, and recommended that the ERC hear the results of a current study on the impact of chip mills when that study is complete. In response to a comment that forestry officials often don't visit sites during harvesting. Senator Kinnaird circulated a bill she introduced in the 1999 Regular Session that would require timber harvesters to notify DENR 30 days prior to conducting a timber harvest. Other members raised questions about the feasibility of the proposal and noted that it would have to include a personal-use exemption to be workable. Brownfields Edmund P. Regan, Deputy Director of the North Carolina Associafion of County Commissioners, and Kimberly L. Hibbard, Associate General Counsel for the Nordi Carolma League of Municipalities, spoke in support of a legislative proposal to encourage the redevelopment of brownfields by providing temporary property tax abatements for improvements to brownfield sites. The ERC voted to recommend the proposal to the General Assembly. IS Commission Proceedings Air quality Gene Cella, Assistant Commissioner of the Division of Motor Vehicles in the Department of Transportation, reported on progress in ensuring that the State's inspection and maintenance program is effectively administered. Mr. Cella reported that the federal Environmental Protection Agency had sent a letter stating that appropriate actions had been taken to correct problems with the program. William E. Holman, Secretary of Environment and Natural Resources, reported on DENR's recommendation for fees and technology for the enhanced emissions inspection and maintenance program set out in SL 1999-328, Sec. 3.10. The recommendations included an increase of less that $5 for both the existing program and the enhanced program and an amendment to allow the use of an on-board diagnostic (OBD) test rather than the acceleration simulation mode (ASM) test specified in the 1999 legislation. Mr. Holman noted that DENR was still in negotiations with service station representatives about the fee, and they would come back to the ERC with additional information on these recommendations. It was noted that SL 1999-328 stated that the enhanced emissions inspection program would simset if the General Assembly did not take action in the 2000 Regular Session to adjust the emissions inspection fee. Janet DTgnazio, Chief Planning and Environmental Officer for the Department of Transportation, discussed the issue of conformity of transportation plans with air quality standards and presented two legislative proposals. The first was to provide for the establishment of voluntary rural planning organizations (RPOs), through which counties could engage in joint transportation planning, and the second was to remove federal congestion mitigation and air quality improvement (CMAQ) funds from the State's regional distribution formula. The ERC voted to recommend both proposals to the General Assembly. Parks and conservation Rick A. Zechini, Assistant Commission Counsel, provided background information on the issue of whether the portion of the Cullasaja River that borders the Nantahala National Forest should be designated part of the State's natural and scenic river system. Philip K. McKnelly, Director of the Division of Parks and Recreation, stated his agency's support for the designation. Allen L. Trott, Mayor of the Town of Highlands, and Richard Betts, Highland Town Administrator, spoke of their concern that the designation may impede their ability to obtain a permit to expand the town's wastewater treatment facility. DENR representatives said their interpretation of an Attorney General's opinion on the issue was that the designation would impose no additional requirements that would affect the town's ability to get a permit for the expansion of the facility. Margaret R. Jones, President of Save Our Rivers, Inc., and the North Carolina Watershed Council, spoke about the natural and scenic values that led her organizations to advocate for the natural and scenic designation. Daniel F. McLawhom, General Counsel for DENR, said DENR would be comfortable adding a section to the legislation that clarifies that the designation would impose no new water quality requirements. The representatives from the Town of Highlands agreed to this proposal, and the ERC voted to recommend the legislation, with the additional language, to the General Assembly. 19 Commission Proceedings Mr. McLawhom and Mr. McKnelly presented additional legislative proposals to authorize DENR to remove abandoned vessels from State waterways and to establish the Bullhead Mountain and Lea Island State Natural Areas as new units of the State Park System. The ERC voted to recommend all three proposals to the General Assembly. 20 Commission Proceedings May 4, 2000 Maintenance of septic tanks (continued from April 25, 2000) Linda C. Sewall, Director of the Division of Environmental Health in DENR, reviewed three proposals related to the Commission for Health Services (CHS) recommendation that septic tank installers be certified. She noted that the original CHS recommendation called for the certification to be carried out by local health departments, which was opposed by both the septic tank industry and the local health departments. Ms. Sewall then explained two alternative proposals, one involving certification by DENR and the other involving licensing by an independent board. Doug Lassiter, Legislative Liaison for the North Carolina Septic Tank Association, spoke in favor of licensing by an independent board. Ms. Sewall said that option was acceptable to DENR. The Chairs directed staff to prepare a bill to implement the licensing board option. Stormwater management (continued from March 16, 2000) Rick A. Zechini, Assistant Commission Counsel, explained a legislative proposal that would specifically authorize cities to collect fees for the administration of their stormwater management programs. Kimberly L. Hibbard, Associate General Counsel for the North Carolina League of Municipalities, and James B. Blackburn, III, General Counsel for the North Carolina Association of County Commissioners, spoke in support of the proposal. Materials critical of the proposal were also distributed. The ERC then voted to recommend the proposal to the General Assembly. Mountain- to-Sea Trail Philip K. McKnelly presented a legislative proposal to authorize the State to acquire land to complete the proposed Mountains-to-Sea Trail. Senator Howard Lee spoke in support of the proposal. The ERC then voted to recommend the proposal to the General Assembly. White goods and scrap tires Rick A. Zechini, Assistant Commission Counsel, explained a legislative proposal that would eliminate the sunset on the statutes governing the management of discarded white goods. The ERC voted to recommend the proposal to the General Assembly, on the condition that the legislative proposal be modified to include provisions addressing the disposal of scrap tires. Moratorium on billboards Representative Hackney suggested that the ERC recommend a proposal to extend the current moratorium on billboard construction along Interstate 40 from Orange County to Wilmington. The Chairs said this matter would be taken up at the May 9, 2000 meeting of the ERC. 21 Commission Proceedings Recovery of attorneys 'fees when a State employee is sued individually George F. Givens, Commission Counsel, explained a legislative proposal that would provide for the recovery of attorneys' fees when a State emloyee is sued individually in connection with the enforcement of environmental laws. Questions were raise about the scope and general advisability of the proposal. The Chairs said the draft would be modified and the issue would be addressed again at the May 9, 2000 meeting of the ERC. Authorize DENR to delegate responsibilities to local governments Robin W. Smith, Assistant Secretary for Environmental Protection in DENR, presented a proposal to grant DENR and various commissions responsible for the protection of public health and the environment a general authorization to delegate administrative responsibilities for certain programs to qualified locad governments. Questions were raised about the definition of a "qualified local government." The Chairs said the proposal would be further developed and brought before the ERC again at its May 9, 2000 meeting. Floodplain regulation (continued from April 25, 2000) Ms. Smith also presented a legislative proposal to regulate development in floodplains. The proposal would set minimum standards for development in the 100-year floodplain and authorize local governments to adopt floodplain development ordinances. Failure to adopt a floodplain ordinance consistent with State standards would make a local government ineligible for State disaster relief and State grants and loans for infrastructure projects. Philip S. Letsinger, State Coordinator for the National Flood Insurance Program in the Division of Emergency Management of the Department of Crime Control and Public Safety, spoke in support of the proposal and said it would not negatively impact the availability of flood insurance. Bill Hale of the Department of Insurance said the proposal would also have no effect on the availability of homeowners' insurance. Questions were raised about the accuracy of the maps used to delineate 100-year floodplains. Ms. Smith responded that the proposal provided for the use of newer and better maps as they become available. The Chairs said this proposal would be brought before the ERC again at its May 9, 2000 meeting. Water quality monitoring and research Larry W. Ausley, Supervisor of the Ecosystems Unit in the Enviroimiental Sciences Branch of the Division of Water Quality in DENR, gave a report on the water quality monitoring and research conducted by various entities across the State. Questions were raised about the degree to which these entities cooperate with each other. Dr. William T. Showers, Associate Professor in the Department olF Marine, Earth, and Atmospheric Sciences at North Carolina State University, said the North Carolina Water Quality Work Group would develop a "white paper" detailing current gaps in water quality research and discussing coordination and cooperation among researchers by the end of the summer. 22 Commission Proceedings May 9, 2000 Fraud in tank-tightness testing Loy Ingold, Special Agent for the Diversion and Environmental Crimes Unit of the State Bureau of Investigation in the Department of Justice, reported to the ERC on indictments and ongoing investigations of potential fraud in petroleum underground storage tank tightness testing. He said there appeared to have been fraud in 1500 tests done between 1995 and 1997 in four states, including North Carolina. In response to questions from ERC members, Mr. Ingold verified that no certification is required for tank tightness testers. Million Acres Initiative William E. Holman, Secretary of Environment and Natural Resources, presented a legislative proposal to codify Governor Hunt's goal of preserving one million acres of open space by the year 2010. He said DENR would be the lead agency in coordinating preservation efforts, but local governments would determine the priorities for open space protection in their jurisdictions. ERC members questioned how the initiative would be funded and expressed reservations about the lack of detail in the plan, but voted to recommend the proposal to the General Assembly. Air quality (continued from April 25, 2000) Secretary Holman also presented proposed legislation to modify the technology and fees required under the State's automobile emissions inspection program. ERC members raised questions about the level of the fee and the allocation of the proceeds from the fee, and several members said the proposal would need to be flirther refined before it would be ready for enactment. The ERC then voted to recommend the proposal to the General Assembly. Environmental Excellence Act George F. Givens, Commission Counsel, introduced proposed legislation on "environmental excellence program agreements" (EEPAs) by summarizing the work of the Environmental Excellence Act Working Group. The working group, which has been meeting since the 1999 Session of the 1999 General Assembly, is comprised of representatives from DENR, regulated industries, and envfronmental advocates. The working group attempted to reach a consensus on proposed legislation to give the Secretary of Environment and Natural Resources (Secretary) the authority to enter into EEPAs with interested parties as an alternative to requiring compliance with statutory and regulatory permit requirements. Under an EEPA, the Secretary would agree to replace the permit requirements with an individually tailored agreement designed to give a party the flexibility to try alternative approaches to achieve minimum compliance with environmental standards at a lower cost, achieve greater than minimum compliance, or both. Mr. Givens explained that the working group had failed to reach consensus and noted that the proposal presented to the ERC for its recommendation was the draft originally proposed by representatives of regulated industries. 23 Commission Proceedings Members of the working group then explained their positions on the proposed legislation. Preston Howard, representing the Manufacturers and Chemical Industry Council, stated his strong support for the legislation. He also outlined what he viewed as the primary issues in dispute in the working group, including the issue of whether or not EEAs should require the exceedence of statutory and regulatory permit requirements. Mr. Howard said he believed EEAs should not require the exceedence of standard permit requirements. Daniel F. McLawhom, General Counsel for DENR, said DENR strongly opposed the proposal and said it may be unconstitutional. Mr. McLawhom said the proposal would give the Secretary too much power to bypass the rules made by the Environmental Management Commission and laws enacted by the General Assembly. David Knight, representing the Sierra Club and other environmental advocacy organizations, also strongly urged the ERC not to recommend the proposal in its current form. In the ensuing discussion, some ERC members voiced reservations about addressing this controversial issue during the 1999 Regular Session, given the absence of consensus among the stakeholders and the complicated and far-reaching nature of the proposal. Others said they thought the proposal offered the opportunity for a more cooperative method of achieving environmental compliance. Several members said the substantive committees that would review the proposal could be trusted not to give it a favorable report until its problematic features had been corrected. The ERC then voted to recommend the proposal to the General Assembly. Leaking petroleum underground storage tanks - exemption from land-use restrictions George F. Givens, Commission Counsel, explained a legislative proposal that would exempt sites contaminated by leaking petroleum underground storage tanks (USTs) from the land-use restrictions and deed recordation requirements imposed by SL 1999-198 on all contaminated sites remediated to risk-based, rather than pristine, standards. Mr. Givens noted that SL 1999-198 was not intended to apply to UST sites, and that a stakeholder working group had been attempting to come to a consensus on how to address this unintended consequence. He said the working group had not yet reached an agreement. Representatives from the stakeholder working group then spoke on the proposal. Robin W. Smith, Assistant Secretary for Environmental Protection in DENR, said DENR had not anticipated that SL 1999-198 would affect the UST program, but generally supported the imposition of land-use restrictions and deed recordation requirements on sites that had undergone risk-based cleanups. Ms. Smith also said DENR was willing to continue discussions with representatives of the petroleum marketers to find a compromise. Nat Mund, representing the Conservation Council of North Carolina and other environmental advocacy groups, said he opposed the exemption but was also willing to try to reach a compromise. Doug Howey, representing the Petroleiun Marketers Association, spoke in support of the exemption. Concerns were raised by some members that the proposed exemption could leave prospective property purchasers without sufficient warning of remaining contamination 24 Commission Proceedings on some sites. Representative Gibson responded to these concerns by offering an amendment to make the exemption expire September 1 , 2001 . He said adding the expiration date would ensure that the exemption would not remain indefinitely in the absence of an altemative notice requirement developed by the working group. After adopting this amendment, the ERC voted to recommend the proposal to the General Assembly. Leaking petroleum underground storage tanks - de minimis exemption from reporting Mr. Givens then explained a legislative proposal that would exempt from current reporting requirements releases of petroleum of less than 25 gallons that were cleaned up in less than 24 hours and did not cause a sheen on surface waters. After adopting an amendment from Representative Hackney to limit the exemption to cases in which the release did not occur wdthin 1 00 feet of surface waters, the ERC voted to recommend the proposal to the General Assembly. Floodplain management (continued from May 4, 2000) Robin W. Smith, Assistant Secretary for Environmental Protection in DENR, presented proposed legislation to set minimum standards for development in the 100-year floodplain and provide incentives to local governments to adopt floodplain development ordinances. Ms. Smith explained that the proposal had been amended to clarify that a prohibition on uses involving hazardous materials in the 100-year floodplain applied only to uses involving large quantities of the materials. She also noted that the new version provided greater flexibility for the use of innovative methods to map the 100-year floodplain. After raising some questions about how voluntary the adoption of floodplain development ordinances would be for local governments, the ERC voted to recommend the proposal to the General Assembly. Delegation of authority to local governments (continued from May 4, 2000) Ms. Smith then presented proposed legislation to authorize DENR and various commissions responsible for the protection of the environment to delegate responsibility for the implementation of certain programs to units of local government. Ms. Smith noted that DENR already delegates the implementation of some programs, including sedimentation control, and that the delegation would take place only at the request of local governments. ERC members raised questions about whether the delegation could present a new burden for local governments and expressed concern that some local govenmients may choose to exceed DENR's minimum standards. Several members said the proposal would need to be further refined before it would be ready for enactment. The ERC then voted to recommend the proposal to the General Assembly. Legal representation of State employee sued individually for environmental enforcement George F. Givens, Commission Counsel, explained two legislative proposals related to the legal representation of state employees who are sued individually in connection with the enforcement of environmental laws. One proposal would provide that the State would, upon request, provide private counsel for a State employee who is alleged to be personally liable for damages for actions taken in the course of the employee's duties to enforce environmental laws. The other proposal would require the court to award 25 Commission Proceedings attorney's fees to a State employee who prevails in a lawsuit related to actions taken in the course of the employee's duties to enforce environmental laws. The ERC voted to recommend both of the proposals to the General Assembly and gave staff permission to combine them into a single legislative proposal. Notice to public of applications for mining permits Mr. Givens also explained a proposal to broaden the requirement that neighboring property owners be given notice of any application for a mining permit. This proposal was requested by ERC members concerned about a situation in which an applicant had sought a permit for a mining operation on a parcel of land surrounded by other property also owned by the applicant. The applicant was therefore not required to notify neighboring land-owners of the application. The ERC voted to recommend the proposal to the General Assembly. Licensing of septic tank installers (continued from May 4, 2000) Linda C. Sewall, Director of the Division of Environmental Health in DENR, and Doug Lassiter, Legislative Liaison for the North Carolina Septic Tank Association, presented proposed legislation that would require on-site wastewater system contractors to be licensed by an independent licensing board. After adopting an amendment jfrom Representative Cox to exclude General Contractors from the licensing requirement, the ERC voted to recommend the proposal to the General Assembly. Billboard moratorium Jeff W. Hudson, Assistant Commission Counsel, explained proposed legislation to extend by one year the moratorium on constructing and permitting new billboards along the portion of Interstate Highway 40 from the Orange-Alamance County line to the municipal limits of the City of Wilmington. The proposal had been requested by Representative Hackney at the ERC meeting on May 4, 2000. The Commission voted to recommend the proposal to the General Assembly. Timber harvest notice (continued from May 4, 2000) The ERC discussed a proposal presented by Senator Kinnaird at the May 4, 2000 meeting of the ERC to require a person conducting a commercial timber harvest to notify DENR prior to commencing land-disturbing activity related to the harvest. The ERC determined that this issue and other issues related to sustainable timber harvesting should be studied by the ERC in the interim following the 2000 Regular Session of the 1999 General Assembly. ERC Report to the General Assembly Hannah Holm, Research Assistant for Environmental Issues, presented the draft report from the ERC to the General Assembly on ERC activities in the interim following the 1999 Regular Session. She asked that the ERC approve the report on the condition that a summary of the current meeting, summaries of all recommended legislation, and edited drafts of all recommended legislation be added to the report. The ERC voted to approve the report with these conditions. 26 Commission Staff Activities COMMISSION STAFF ACTIVITIES Planning Meetings The Commission Counsel held an informal planning meeting prior to each Environmental Review Commission (ERC) meeting in order to facilitate the development of the agenda for the meetings and to receive input from interested persons regarding the future work of the ERC. These meetings were open to any person who wished to participate. The planning meetings were typically attended by representatives of State agencies, the regulated community, environmental advocacy groups, and local governments. Planning meetings were held on 21 October 1999, 8 November 1999, 6 December 1999, 10 January 2000, 7 February 2000, 6 March 2000, 29 March 2000, and 18 April 2000. Working Groups The Commission Counsel holds meetmgs of interested parties on specific topics upon request. The purpose of these meetings is to gather mformation and facilitate the exchange of viewpoints on issues related to envirormiental and natural resources law and policy that are, or may become, the subject of legislative proposals to be considered by the ERC or the General Assembly. The working group meetings are open to any person who wishes to participate. The meetings are typically attended by representatives of State agencies, the regulated community, environmental advocacy groups, local governments, and the Attorney General's office. A primary goal of these working groups is to identify and resolve issues and, whenever possible, to develop compromise legislation on a consensus basis. During the period April 1999 through May 2000, the Commission Counsel conducted working groups on two matters: proposed "environmental excellence" legislation and issues related to the Leaking Petroleum Underground Storage Tank Program. Environmental Excellence Agreements Prior to the public bill introduction deadline of the 1999 Regular Session, representatives of the North Carolina Citizens for Business and Industry and other groups representing the regulated community asked various members of the General Assembly to introduce bills in both houses entitled "A Bill to Establish a Voluntary Program Regarding Environmental Excellence Program Agreements." Although substantive legislation was not introduced. Senate Bill 1 133 and House Bill 1201 were introduced as blank bills, and the Commission Counsel was asked to convene a working group to discuss the proposal developed by the industry groups. Meetings of the working group were held on 15 April 1999, 23 April 1999, 3 May 1999, 19 May 1999, 17 May 1999, 24 May, 1999, 1 June 1999, 7 June 1999, 14 June 1999, 21 June 1999, 21 June 1999, 28 June 1999, 16 July 1999 (telephone conference call), 20 July 1999, 10 November 1999, 7 February 2000, 6 March 2000, 14 March 2000, 14 March 2000, 14 March 2000, 29 March 2000, 7 April 2000, 1 May 2000, and 5 May 2000 (subcommittee meeting). 27 Commission Staff Activities Although the working group was able to identify what it believed to be all relevant issues related to the environmental excellence proposal and developed resolutions for many them, the working group was not able to resolve all issues or achieve consensus on a proposed bill. As a result, the proponents of the environmental excellence agreement concept requested that the ERC recommend their original proposal to the General Assembly. This proposal appears in this report as "Environmental Excellence Agreements - 1 ." Leaking Petroleum Underground Storage Tanks This working group, which dates back to the enactment of the Leaking Petroleum Underground Storage Tank Cleanup Act of 1988 (G.S. 143-215. 94A et seq.), is perhaps the longest running and most successful of the environmental and natural resources working groups. The group was convened in February 2000 to consider the application of land-use restrictions to risk-based cleanups of environmental contamination resulting from releases from underground petroleum storage tanks (USTs). The need for this discussion resulted from the enactment in 1999 of S.L. 1999-198 (Senate Bill 1 159, codified as G.S. 132B-279.9 and G.S. 143B-279.10), which required that land-use restrictions be included in all risk-based environmental remediation plans. The working group also considered an extension of the de minimis exception (G.S. 143-21 5. 94E(al)) to the requirement to report discharges of petroleum under G.S. 143-215.85. Meetings of the working group were held on 3 February 2000, 21 February 2000, 3 March 2000, 31 March 2000, 14 April 2000, and 8 May 2000. While the working group was unable to resolve all issues related to the application of land-use restrictions to cleanups of releases from USTs, the members of the working group believed that these issues could be resolved through additional discussion following the 2000 Regular Session of the General Assembly. The working group agreed that temporarily exempting the Leaking Underground Storage Tank Cleanup Program from S.L. 1999-198 would facilitate those discussions. Proposed legislation to accomplish this purpose appears in the recommendations section of this report as "Petroleum Discharge Amends - 1 ." Although the working group did not reach consensus on proposed legislation to extend the de minimis exemption to the reporting requirement, the Commission Counsel presented proposed legislation to accomplish this purpose. This proposed legislation was modified by the ERC to narrow the exemption slightly. The modified proposal appears in this report as "Petroleum Discharges/ DeMinimis Reports." 28 Recommendations RECOMMENDATIONS The Environmental Review Commission recommends the following legislative proposals to the 1 999 General Assembly for action in the 2000 Regular Session. The fiill text of each proposal is included in Appendix I: Legislative Proposals. Administration Add. Notice/ Mining Permit Applications Currently, an applicant for a mining permit must give notice of the application to owners of land adjoining the parcel affected by the proposed mining activity. This proposal would require that the applicant give notice to owners of land adjoining any land under the control of the applicant that is contiguous with the affected parcel. The applicant would also have to notify: • The chief administrative officer of each county and municipality in which the affected land is located. • Owners of land directly across a highway (with five lanes or less), a watercourse, or a railway fi-om land under the control of the applicant that is contiguous with the affected parcel. • Owners of land directly across fi-om any other public right-of-way from land under the control of the applicant that is contiguous with the affected parcel, to the extent that DENR determines is necessary to provide adequate notice. The proposal would become effective September 1, 2000. Delegation of Env. Program Authority This proposal would grant DENR and various commissions responsible for the protection of public health and the environment a general authorization to delegate administrative responsibilities for envirormiental permitting and enforcement programs to qualified local governments. In order to qualify for delegation, a local government would be required to have a local program with the legal authority and administrative capacity to adequately enforce standards that meet or exceed minimum Statewide standards. The proposal would become effective July 1, 2000. Environmental Excellence Agreements - 1 This proposal would give the Secretary of Environment and Natural Resources (Secretary) the authority to enter into Environmental Excellence Program Agreements (EEPAs) with interested parties as an alternative to requiring compliance with statutory and regulatory permit requirements. Under an EEPA, the Secretary would agree to replace the permit requirements with an agreement designed to give a party the flexibility to try alternative approaches to achieve minimum compliance with environmental standards at a lower cost, achieve greater than minimum compliance, or both. The proposal would become effective July 1, 1999. 29 Recommendations Extend billboard moratorium This proposal would extend by one year the moratorium on constructing and permitting new billboards along the portion of Interstate Highway 40 from the Orange-Alamance County line to the municipal limits of the City of Wilmington. The moratorium would remain in place until July 1, 2001. The proposal would become effective July 1, 2000. Private Counsel/ Atty. Fees/ State Emp. This proposal would provide that the State would, upon request, provide private counsel for a State employee who is alleged in a civil action to be personally liable for damages from actions taken in the course of the employee's duties to enforce environmental laws. The proposal would also require the court to award attorney's fees to a State employee who prevails in a lawsuit related to actions taken in the course of the employee's duties to enforce environmental laws. The proposal would become effective when it becomes law, and would apply to actions and special proceedings commenced on or after that date. Air Quality I/M Technology and Fee Amends This proposal would modify the testing technology and fees required under the State's automobile emissions inspection program. In the nine counties where emissions inspections are currently required, 1996 and later-model cars would be required to have their emissions analyzed using on-board diagnostic systems (OBD); current emissions testing requirements would remain in effect for vehicles manufactured prior to 1996. In counties where emissions testmg will be phased in between 2003 and 2006, only the OBD tests would be required. The charge for a combined safety and emissions test would rise from the current price of $19.40 to $23.75 on July 1, 2000 and to $25.90 on • July 1, 2002, when the OBD testing requirement is initiated. Except for the provisions that would be phased in as noted above, the proposal would become effective when it becomes law. DOT Establish Rural Planning Organizations This proposal would authorize the Department of Transportation to work with local elected officials and representatives of local transportation systems to establish "Rural Planning Organizations." These organizations would: • Work cooperatively with DOT to develop long range transportation plans. • Provide a forum for public participation in rural transportation plaiming. • Suggest regional priorities for the State's Transportation Improvement Plan. • Provide information to local governments and the public. The proposal would become effective July 1 , 2000. Exclude CMAQ Funds from Formula This proposal would exclude federal congestion mitigation and air quality (CMAQ) funds from the regional equity distribution formula for funds expended on the intrastate system and the transportation improvement program. The State received approximately $18 million in CMAQ funds in the 1999-2000 fiscal year. The proposal would become effective July 1,2000. 30 Recommendations Environmental Health On-Site Wastewater System Contractors This proposal would create the On-site Wastewater System Contractors Licensing Board and make it unlawful to install or repair an on-site wastewater system without being licensed by this board. A licensed general contractor would be considered licensed to install a "conventional" on-site wastewater system that consists only of a septic tank with a gravity rock and pipe distribution system. The sections of the proposal that would establish the licensing board would become effective when the proposal becomes law; the sections that would govern licensing by the board would become effective January 1 , 2002. Hazardous Sites Brownfields Tax Incentive This proposal would encourage the cleanup and redevelopment of old industrial sites by providing a partial exclusion from property taxation for five years for qualifying improvements made to property that is subject to a Brownfields agreement. The proposal would apply to taxes imposed for taxable years beginning on or after July 1 , 2001 . Parks and Conservation Bullhead Mountains State Natural Area This proposal would authorize the addition of Bullhead Mountain State Natural Area to the State Parks System. Bullhead Mountain is located in Alleghany County. Funds for the acquisition and management of this property are being provided by the Conservation Trust of NC and the NC State Office of the National Audobon Society. The proposal would become effective when it becomes law. Million Acre Open Space Goal This proposal would codify the Governor's goal of preserving an additional one million acres of farmland, open space, and conservation lands by December 3 1 , 2009. The proposal would also make the Department of Environment and Natural Resources the lead agency in the effort to achieve this goal. The proposal would become effective when it becomes law. CuUasaja River Designation This proposal would designate the portion of the Cullasaja River that runs through the Nantahala National Forest as a "Scenic River" in the State's Natural and Scenic River System. The proposal also states that the "scenic" designation would not add any new water quality requirements for dischargers into the river. The proposal would become effective when it becomes law. Lea Island State Natural Area This proposal would authorize the addition of the Lea Island State Natural Area to the State Parks System. The property will be acquired and managed with existing resources and funds provided by the NC State Office of the National Audobon Society. The proposal would become effective when it becomes law. 31 Recommendations Mountains to Sea State Park Trail This proposal would authorize the Department of Envu-onment and Natural Resources to make the Mountains to Sea Trail a unit of the State Park System and to acquire property for the completion of the trail. The proposal would become effective when it becomes law. Solid Waste Removal of Abandoned Vessels This proposal would make it unlawful to abandon a vessel in coastal waters or on State- owned submerged lands. The proposal would also authorize the Department of Environment and Natural Resources to remove the vessel and charge the owner for the removal costs if the owner does not remove the vessel within 30 days of receiving notice of the obligation to do so. The proposal would become effective when it becomes law. White Goods Sunset Repeal This proposal would repeal the sunset on the white goods tax that provides fimds for the proper disposal of white goods. In addition, the proposal would require the Department of Environment and Natural Resources (DENR) to study options for changing the white goods tax rate and the allocation of proceeds from the white goods tax. The proposal would also require DENR to study options for changing the tax rate and the allocation of proceeds for the scrap tire disposal tax. The act would become effective when it becomes law. Water Quality Dry-Cleaning Solvent Cleanup Amends This proposal would amend the Dry-Cleaning Solvent Cleanup Act to provide additional revenue for the Dry-Cleaning Solvent Cleanup Fund and facilitate access to the fund. The proposal would: • Establish a temporary environmental surtax to fund the cleanup of dry cleaning solvent contamination (Effective July 1, 2001; expires July 1, 2003). • Earmark the State sales tax revenue from dry cleaning and laundry services for the Dry-cleaning Solvent Cleanup Fund (Effective July 1, 2003; expires July 1, 2010). • Raise the tax on dry-cleaning solvents from $5.85/ gallon to $7.50/ gallon for chlorine-based solvents and from $.80/ gallon to $1.00/ gallon for hydrocarbon-based solvents (Effective July 1, 2003; expires July 1, 2010). • Repeal the insurance requirement for accessing the Fund (Effective retroactively to April 1, 1998). • Authorize the Environmental Management Commission to enter into contracts with private contractors for the assessment and remediation of contamination at dry cleaning facilities (Effective when the proposal becomes law). • Estabhsh a State goal for the reduction of the use of perchloroethylene F- 1,1, 3 by dry cleaners (Effective when the proposal becomes law). • Require the Department of Environment and Natural Resources to report to the ERC on progress towards this goal and the cost-effectiveness of alternative dry cleaning technologies (Effective when the proposal becomes law). 32 Recommendations Flood Hazard Prevention Act of 2000 This proposal would set minimum standards for development in floodplains and authorize local governments to adopt ordinances to regulate development in flood hazard areas. Effective January 1, 2001, the proposal would make implementation of an ordinance consistent with minimum Statewide standards for floodplain development a condition of a local government's eligibility for State disaster relief and State grants and loans for infrastructure. This provision would also make a building that receives a variance from the minimum elevation requirements of a flood hazard ordinance ineligible for State disaster assistance for losses from flooding. The proposed Statewide standards for floodplain development would: • Require that the lowest habitable floor of any structure be elevated two feet above the 1 OO-year floodplam. • Forbid the location of salvage yards, chemical storage facilities, and other uses involving large quantities of hazardous materials of solid waste disposal m the 100- year floodplain. Except as otherwise noted, the proposal would become effective when it becomes law. Nonhazardous Dry-Cleaning Technology Incentive This proposal would provide a new tax credit as an incentive for investing in dry-cleaning and wet-cleaning equipment that does not use hazardous substances as solvents. The tax credit could equal 35% of the cost of the equipment. The proposal would be effective for taxable years beginning on or after January 1, 2001 . Petroleum Discharge Amends - 1 This proposal would exempt sites contaminated by leaking petroleum underground storage tanks (USTs) from the land-use restrictions and deed recordation requirements imposed by SL 1999-198 on all contaminated sites remediated to risk-based, rather than pristine, standards. The proposal would also direct the Environmental Review Commission to continue studying issues related to the application of land-use restrictions to sites contaminated by USTs that are remediated to risk-based standards. The exemption would apply retroactively to October 1, 1999 and would expire September 1, 2001 . The study provision would become effective when the proposal becomes law. Petroleum Discharges/ De Minimis Reports This proposal would exempt a release of petroleum to the environment from current reporting requirements if the release meets all of the following conditions: • The release is less than 25 gallons. • The release is cleaned up in less than 24 hours. • The release does not cause a sheen on surface water. • The release does not occur within 1 00 feet of surface waters. The proposal would become effective when the it becomes law and would apply to petroleum releases that occur on or after that date. 33 Recommendations Stormwater Utility Fees This proposal would clarify that a stormwater utility may charge a fee to fund all costs of a stormwater management program, including administrative costs. The proposal would be effective retroactively to July 15, 1989. 34 APPENDIX I: LEGISLATIVE PROPOSALS Envronmental Review Gommission Recommended Legislation - 2000 topic siarttltlB DranmCodB administrative Add. Notice/ Mining Permit Application ERC00-SG/RTZ-006.04(5.9) Delegation of Env. Program Authority ERCOO-RT/SBZ-01 4.01 (5.4) Environmental Excellence Agreements - 1 ERCOO-RT-SBZ-01 5. 1 3(5.9) Extend Billboard Moratorium ERC00-SBZ-004.03(5.4) Private Counsel/ State Emp./Atty. Fees ERCOO-RT/SBZ-01 0.03(5.9) air quality DOT Establish Rural Planning Organizations 99-DRW-RPO(v5)* Exclude CMAQ Funds from Formula 99-DRW-CMAQ(3)* l/M Technology and Fee Amends ERCOO-RT/SBXZ-1 06.03(4.25) environmental health On-Site Wastewater System Contractors ERC00-LDXZ-01 7.03(5.4) hazardous substances Brow/nfields Tax Incentive ERC00-SGZ-002.01(4.25) parks and conservation Bullhead Mountains State Natural Area ERCOO-SGZ-01 2.03(4.25) Cullasaja River Designation ERCOO-SGZ-03.03 Lea Island State Natural Area ERCOO-SGZ-011.02 Million Acre Open Space Goal ERCOO-SGZ-01 8.02(5.9) Mountains to Sea State Park Trail ERCOO-SGZ-008.03(5.4) solid waste Removal of Abandoned Vessels ERGOO-SBZ-01 9.02(4.25) White Goods Sunset Repeal ERC00-SGZ-009.01(5.4) ' Also recommended by Joint Legislative Transportation Oversight Commission (JLTO); to be introduced by JLTO members. Page 1 of 2 topic shrttniB hifUiU CodB water quality Dry Cleaning Solvent Cleanup Amends ERC00-SBSX-005.02(4.25) Flood Hazard Prevention Act of 2000 ERCOO-SJZ-001 .08(5.09) Nonhazardous Dry-Cleaning Tech. Incentive ERCOO-LC/SGZ-01 3.01 (4.25) Petroleum Discharge Amendments - 1 ERCOO-RTZ-021 .04(5.9) Petroleum Discharges/ De Minimis Reports ERC00-RTZ-024.03(5.9) Stormwater Utility Fees ERC00-SGZ-007.04(4.25) Page 2 of 2 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 S/H ] BILL DRAFT ERCOO-SG/RTZ-006 . 04 (5.9) 15-MAY-OO EZT / 16:14:32 ATTENTION; This is a draft and is not ready for introduction. Short Title: Add. Notice/Mining Permit Application. (Public) Sponsors : Referred to; 1 A BILL TO BE ENTITLED 2 AN ACT TO PROVIDE FOR ADDITIONAL NOTICE OF AN APPLICATION FOR A 3 PERMIT UNDER THE MINING ACT OF 1971, AS RECOMMENDED BY THE 4 ENVIRONMENTAL REVIEW COMMISSION. 5 The General Assembly of North Carolina enacts: 6 Section 1. G.S. 74-50 reads as rewritten: 7 "§ 74-50. Permits — General. (a) No operator shall engage in 8 mining without having first obtained from the Department an 9 operating permit that covers the affected land and that has not 10 been terminated, revoked, suspended for the period in question, 11 or otherwise become invalid. An operating permit may be modified 12 from time to time to include land neighboring the affected land, 13 in accordance with procedures set forth in G.S. 74-52. A 14 separate permit shall be required for each mining operation that 15 is not on land neighboring a mining operation for which the 16 operator has a valid permit. 17 (b) As used in this subsection, 'land adjoining' means any 18 parcel or tract of land that is not owned in whole or in part by 19 or under the control of the applicant or operator or any 20 affiliate, parent, or subsidiary of the applicant or operator and 21 that is contiguous to either: (i) any parcel or tract that 22 includes affected land or (ii) any parcels or tracts of land that GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 are owned in whole or in part by or under the control of the 2 applicant or operator or any affiliate, parent, or subsidiary of 3 the applicant or operator and that, taken together, are 4 contiguous to affected land. At the time of feiie- an application 5 for a new mining permit or for a permit modif icationc — that — a44 6 ov.^nerc modification to add an owner of record of lands land 7 adjoining the permit boundaries, the applicant or operator shall 8 make a reasonable effort, satisfactory to the Department, to 9 notify all — ownorc — &i — record of — land adjoining the proposed — site, 10 «tfid — fee — notify — feie — chief — administrative — officer — &i — fejie — county — &¥■ 1 1 municipality — ifi — which — fe4ie — site — is — located — that — fefee — operator 12 intends — fee — conduct — a — mining — operation — &o — fei^e — site — irA — question, i 13 notify : l 14 ( 1 ) The chief administrative officer of each county and 15 municipality in which the affected land is located, j 16 ( 2 ) The owners of record of land adjoining the tract of 17 land that includes the affected land. 18 ( 3 ) The owners of record of land that lies directly 19 across a highway, as defined in G.S. 20-4.01(13), 20 that has five lanes or less if the tract of land 21 that includes the affected land is adjacent to the 22 highway. 23 ( 4 ) The owners of record of land that lies directly 24 across any creek, stream, river, or other j 25 watercourse; railroad track; or utility or other 26 public right-of-way that is adjacent to the tract 27 of land that includes the affected land to the 28 extent that the Department, in its discretion, 29 determines to be necessary to provide adequate 30 notice of the application. 31 (bl ) The notice shall inform the owners of record and chief 32 administrative officers of the opportunity to submit written 33 comments to the Department regarding the proposed mining 34 operation and the opportunity to request a public hearing 35 regarding the proposed mining operation. Requests for public 36 hearing shall be made within 30 days of issuance of the notice. 37 (c) No permit shall become effective until the operator has 38 deposited with the Department an acceptable performance bond or 39 other security pursuant to G.S. 74-54. If at any time the bond 4 0 or other security, or any part thereof, shall lapse for any 41 reason other than a release by the Department, and the lapsed 42 bond or security is not replaced by the operator within 30 days 43 after notice of the lapse, the permit to which the lapsed bond or 44 security pertains shall be automatically revoked. Page 2 ERCOO-SG/RTZ-006 . 04 1 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 (d) An operating permit shall be granted for a period not 2 exceeding 10 years. If the mining operation terminates and the 3 reclamation required under the approved reclamation plan is 4 completed prior to the end of the period, the permit shall 5 terminate. Termination of a permit shall not have the effect of 6 relieving the operator of any obligations that the operator has 7 incurred under an approved reclamation plan or otherwise. Where 8 the mining operation itself has terminated, no permit shall be 9 required in order to carry out reclamation measures under the 10 reclamation plan." 11 Section 2. This act becomes effective 1 September 2000. GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 S/H BILL DRAFT ERCOO-RT/SBZ-014 . 01 (5.4) 12-MAY-OO 14:24:50 ATTENTION: This is a draft and is not ready for introduction. Short Title: Delegation of Env. Program Authority. (Public) Sponsors Referred to: 1 A BILL TO BE ENTITLED 2 AN ACT TO AUTHORIZE THE DEPARTMENT OF ENVIRONMENT AND NATURAL 3 RESOURCES AND VARIOUS COMMISSIONS RESPONSIBLE FOR THE 4 PROTECTION OF THE ENVIRONMENT TO DELEGATE RESPONSIBILITY FOR 5 THE IMPLEMENTATION OF CERTAIN PROGRAMS TO UNITS OF LOCAL 6 GOVERNMENT. 7 The General Assembly of North Carolina enacts: 8 Section 1. Article 7 of Chapter 143B of the General 9 Statutes is amended by adding a new section to read: 10 "§ G.S. 143B-279.il. Delegation of program implementation to a 1 1 unit of local qovernment. 12 (a) The Secretary of Environment and Natural Resources, the 13 Coastal Resources Commission, the Commission for Health Services, 14 and the Environmental Management Commission may delegate to a 15 unit of local government the authority to implement an 16 environmental permitting and enforcement program. 17 (b) The Secretary or the responsible Commission may only 18 delegate implementation authority to a unit of local government 19 that has developed a local program that: GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 ( 1 ) Includes an ordinance that provides maintenance and 2 inspection procedures. 3 ( 2 ) Establishes standards that equal or exceed minimum 4 Statewide standards. 5 ( 3 ) Provides for the adequate enforcement of its 6 standards . 7 ( 4 ) Provides for the administrative resources necessary 8 to effectively and efficiently carry out the 9 program. j 10 (c) A local government may create or designate agencies to 1 1 administer and enforce a delegated program. 12 (d) The Secretary or the responsible Commission shall assume 13 responsibility for a delegated program if the local government 14 fails to adequately administer and enforce the provisions of the 15 program. Prior to assuming control of the program, the Secretary 16 or responsible Commission shall notify the local government in 17 writing of any deficiencies and include recommendations for 18 correction of these deficiencies. If the local government has 19 failed to correct the noticed deficiencies within 30 days of 2 0 receipt of notice, the Secretary or responsible Commission shall 2 1 assume responsibility for the delegated program. A decision by 22 the Secretary or the responsible Commission to assume 2 3 responsibility for a delegated program is not subject to review 24 in an administrative hearing under Article 3 of Chapter 150B of 25 the General Statutes. A decision by the Secretary or the 2 6 responsible Commission to assume responsibility for a delegated 2 7 program is a final agency decision and is subject to judicial 28 review as provided in Article 4 of Chapter 150B of the General 29 Statutes. " 30 Section 2. This act becomes effective July 1, 2000. S/H GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 BILL DRAFT ERCOO-RT/SBZ-015 . 13 (5.9) 12-MAY-OO 14:24:13 ATTENTION: This is a draft and is not ready for introduction. Short Title: Environmental Excellence Agreements-1 • (Public) Sponsors : Referred to: A BILL TO BE ENTITLED AN ACT TO ESTABLISH A VOLUNTARY PROGRAM REGARDING ENVIRONMENTAL EXCELLENCE PROGRAM AGREEMENTS. The General Assembly of North Carolina enacts: Section 1. Chapter 143 of the General Statutes is amended by adding a new Article to read: "Article 17. "Environmental Excellence Program Agreements Act. "§ 113A-241. Title. This Article may be cited as the Environmental Excellence 1 2 3 4 5 6 7 8 9 10 1 1 Program Agreement Act. 12 "§ 113A-242. Purpose. 13 The purpose of this Article is to create a voluntary program 14 whereby persons subject to environmental laws and the Secretary 15 may enter into Environmental Excellence Program Agreements 16 (EEPAs) and to direct agencies of the State to support and 17 encourage the development of agreements that use innovative 18 environmental measures or strategies not otherwise recognized or 19 allowed under existing laws and rules to achieve results that GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 represent environmental excellence. Agencies shall encourage 2 EEPAs that favor or promote pollution prevention, source 3 reduction, or improvements in practices that accomplish both of 4 the following: 5 ( 1 ) The pollution prevention, source reduction, or 6 improvements in practices are transferable to other 7 interested entities. 8 ( 2 ) The pollution prevention, source reduction, or 9 improvements in practices will achieve overall 10 environmental results that are equal to or better 11 than those required by otherwise applicable rules 12 and requirements. 13 "§ 113A-24 3. Definitions. 14 For the purpose of this Article, the following definitions 15 apply; 16 ( 1 ) 'Agency' means any State agency, board, department, 17 division, authority, or commission that administers 18 environmental laws. Agency also means any regional 19 or local authority that administers environmental 20 laws pursuant to jurisdiction derived from the 21 State. 22 (2 ) 'Director' means the individual or body of 23 individuals in whom the legal authority of an 24 agency is vested by any provision of law. If the 25 agency head is a body of individuals, director 26 means a majority of those individuals. 27 ( 3 ) 'Environmental law' means all local, regional, or 28 State statutes, rules, or regulations affecting the 29 environment, including the following provisions of 30 the General Statutes: Article 1 of Chapter 113; 31 G.S. 113-229; G.S. 113-230; Articles 4 and 7 of 32 Chapter 113A; Articles 1, lA, 10, and 11 of 33 Chapter 130A; Parts 1, 2, 2A, 2B, 2C, and 2D of 34 Article 9 of Chapter 130A; Articles 21, 21A, 21B, 35 and 38 of Chapter 143; Articles 1, 3, and 7 of 36 Chapter 14 3B; all rules adopted pursuant to those 37 statutes, including Titles 10 and ISA of the North 38 Carolina Administrative Code; and any local or 39 regional laws applying to the same or similar 4 0 environmental issues pursuant to authority Page 2 ERCOO-RT/SBZ-015. 13 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 delegated by the General Assembly. Environmental 2 laws do not include any provisions of the General 3 Statutes or of any municipal or county ordinance 4 that regulates the selection of a location for a 5 new facility, including swine farms, concentrated 6 animal feeding operations, animal waste management 7 systems, and facilities operated for the off -site 8 treatment or disposal of radioactive or hazardous 9 waste. 10 ( 4 ) 'Facility' means any site, any manufacturing or 1 1 natural resource management operation, or any 12 business or municipal activity that is regulated 13 under any environmental laws. 14 ( 5 ) 'Secretary' means the Secretary of the Department 15 of Environment and Natural Resources. 16 ( 6 ) 'Sponsor' means a person, group, or association 17 that submits a proposal for an EEPA. 18 ( 7 ) 'Stakeholder' means any person or group of persons 19 of common interest directly or indirectly affected 2 0 in his, her or its person, property, or employment 21 by an EEPA. Potential stakeholders include, but 2 2 are not limited to, employees and employee 2 3 representatives, neighbors, community and civic 2 4 organizations, government agencies, trade and 2 5 business associations, and environmental 2 6 organizations . 2 7 "§ 113A-244. Authority to enter into environmental excellence 2 8 program agreements ( EEPAs ) . 2 9 (a) The Secretary may enter into any EEPA with any person 3 0 subject to regulation by environmental laws, even if one or more 31 of the terms of the EEPA would be inconsistent with an otherwise 32 applicable environmental law or condition of an environmental 33 permit. 34 (b) The Secretary may designate the director of an agency to 35 act for the Secretary and to enter into EEPAs affecting or 36 modifying environmental laws administered by that agency. Where 37 a sponsor proposes an EEPA that would affect or modify 3 8 environmental laws administered by more than one State agency, 3 9 the Secretary may designate one or more directors to enter into ERCCO-RT/SBZ-015.13 Page 3 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 that EEPA, or the Secretary may enter into that EEPA on behalf of 2 the State. 3 (c ) Where an agency has jurisdiction over environmental 4 matters in a region of the State and administers environmental 5 laws, either directly or through the adoption of regulations for 6 that region, the director of that regional agency shall possess 7 the authorities and functions that the Secretary has under this 8 Article, including the authority to enter into an EEPA for the 9 pertinent region if the EEPA will affect or modify environmental 10 laws administered by the regional agency. 11 "§ 113A-245. Contents of proposed EEPA project. 12 Any person owning or operating a facility subject to regulation 13 under the environmental laws may be a sponsor. A trade 14 association or other authorized representative of owners or 15 operators of facilities subject to environmental laws may be a 16 sponsor for a programmatic EEPA for multiple facilities. Any 17 person who is a sponsor shall submit to the Department the 18 following information and any other information requested by the 19 Secretary or a director designated under G.S. 113A-244; 20 ( 1 ) A statement that describes how the proposed EEPA is 21 consistent with the purpose of this Article and the 22 criteria for approving an EEPA under G.S. 23 143-215. 115G. 24 ( 2 ) For a site-specific EEPA, a comprehensive 25 description of the proposed environmental 26 excellence project that includes the nature of the 27 facility and the operations that will be affected, 28 how the facility or operations will achieve results 29 that represent environmental excellence, and the 30 nature of the anticipated results. 31 ( 3 ) For a programmatic EEPA, a comprehensive 32 description of the proposed environmental 33 excellence project that identifies the facilities 34 and the operations that are expected to 35 participate, how participating facilities or 36 operations will achieve results that represent 37 environmental excellence, the nature of the results 38 that will be achieved, and the method to identify 39 and document the commitments made by individual 4 0 participating facilities. Page 4 ERCOO-RT/SBZ-015 . 13 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 ( 4 ) A checklist that summarizes any environmental 2 benefits or adverse environmental impacts that will 3 result if the proposal is approved and implemented. 4 (5) The draft EEPA. 5 "§ 113A-246. Stakeholder plan. 6 Any EEPA must contain the sponsor's plan to identify and 7 contact stakeholders, to advise stakeholders of the facts and 8 nature of the project, and to enable stakeholder participation, 9 review, and comment during development of the proposed EEPA. The 10 availability of periodic performance reviews submitted pursuant 11 to G.S. 143-215. 115F shall be made available to stakeholders by 12 the Secretary. The Secretary or sponsor shall publish notice in 13 the North Carolina Register and/or other media as appropriate of 14 the availability of periodic performance reviews within 30 days 15 of receipt by the Secretary. 16 "§ 113A-247. Terms and conditions of an EEPA. 17 Any EEPA shall contain all of the following terms and 18 conditions: 19 ( 1 ) Identification of all federal. State, and regional 2 0 statutes, rules, regulations, and any permits and 21 permit requirements that are affected by the EEPA. 2 2 ( 2 ) Any alternative or innovative approach to statutes, 2 3 rules, and regulations effected by the EEPA. 24 ( 3 ) A statement of the environmental excellence and 2 5 innovation goals established by the project, 2 6 clearly identified as being in either of the 2 7 following categories; 2 8 a_^ Measures that create enforceable legal rights 2 9 or obligations. 30 b^ Overall project targets that do not create 31 enforceable legal rights or obligations. 32 (4 ) A statement describing how the EEPA will achieve 3 3 the purpose of this Article. 34 ( 5 ) A statement describing how the EEPA will be 35 implemented, including a list of implementation 36 steps and an implementation schedule. 37 ( 6 ) A statement that the EEPA will not increase overall 38 worker safety risks or impose unjust or 39 ' disproportionate environmental impacts. ERCOO-RT/SBZ-015.13 Page 5 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 ( 7 ) A statement that a stakeholder plan, as required by 2 G.S. 113A-246, was implemented. 3 ( 8 ) A statement describing how any participating 4 facility will measure and demonstrate its 5 compliance with all environmental excellence and 6 innovation goals in the EEPA, including a 7 description of the methods to be used to monitor 8 performance, criteria that represent acceptable 9 performance, and the method of reporting 10 performance to the public. 11 ( 9 ) A description of and plan' for public access to 12 information needed to assess any environmental 13 benefits and any adverse environmental impacts of 14 the EEPA. 15 ( 10 ) A requirement to submit at least annually periodic 16 performance reviews of compliance with the EEPA to 17 the Secretary or a director designated pursuant to 18 G.S. 113A-244 for review and approval within 30 19 days. 20 ( 11 ) Provisions for voluntary and involuntary 21 termination of the EEPA. 22 ( 12 ) The duration of the EEPA and provisions for its 23 renewal . 24 ( 13 ) Statements approving the EEPA made by or on behalf 25 of the Secretary, a director designated pursuant to 26 G.S. 113A-244, and the sponsor. 27 ( 14 ) Additional terms, consistent with this Article, as 2 8 requested by the Secretary or a director designated 2 9 pursuant to G.S. 113A-244. 3 0 "§ 113A-248. Criteria for approving an EEPA. 31 The Secretary or a director designated pursuant to G.S. 32 113A-244 shall not approve an EEPA unless the EEPA will achieve 3 3 one or more of the following; 34 ( 1 ) Emissions reductions or reductions in the discharge 35 of wastes or reductions in environmental risk that 36 achieve better overall environmental results at the 37 participating facility than those required by 38 otherwise applicable environmental regulation. 39 (2 ) Compliance with applicable environmental standards 40 or limitations in a manner that is equal to or Page 6 ERCOO-RT/SBZ-015 . 13 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 better than the method of compliance or the method 2 to demonstrate compliance required by applicable 3 environmental regulation or conditions of permits. 4 A sponsor may comply with this subdivision by 5 demonstrating an innovative approach or 6 cost-effective results. 7 Prior to approval of an EEPA, the Secretary or a director 8 designated pursuant to G.S. 113A-244 may require the sponsor to 9 demonstrate the financial ability to implement the EEPA. An EEPA 10 may not be approved to remedy an ongoing state of noncompliance. 11 In reviewing proposed EEPAs, the Secretary or a director 12 designated pursuant to G.S. 113A-244 shall give preference to 13 proposals that include the implementation of effective 14 environmental management systems. 15 "§ 113A-249. Incentives. 16 The Secretary or a director designated pursuant to G.S. 17 113A-244 shall publish a list of incentives that may be provided 18 as part of an approved EEPA. The sponsor of an EEPA may request 19 that listed incentives be included in an EEPA in addition to, or 2 0 in lieu of, EEPA provisions that provide regulatory flexibility 2 1 consistent with this Act. Incentives may include, but are not 2 2 limited to, public recognition programs, tax credits, preferred 2 3 vendor status, streamlined record-keeping monitoring and 24 reporting requirements, extended permit intervals, expedited 25 permit processing, and priority in consideration for grant funds. 2 6 "§ 113A-250. Public notice and comment. 2 7 At least 30 days before entering into or modifying an EEPA, the 2 8 Secretary or a director designated pursuant to G.S. 113A-244 29 shall publish a notice of the proposed agreement in a newspaper 3 0 having general circulation in each county in which any facility 3 1 covered by the proposed EEPA is located. The notice shall 32 contain a general description of the proposed EEPA or 33 modification of an EEPA, including an identification of the 34 facilities to be covered, the aspects of the project that 3 5 constitute environmental excellence, the regulatory flexibility 3 6 requested by the sponsor, and an announcement that the public has 37 an opportunity to comment within 30 days after the notice is 3 8 published. 3 9 "§ 113A-251. Effect of an approved EEPA. ERCOO-RT/SBZ-015.13 Page 7 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 (a) Any legal requirement under the environmental laws shall 2 be superseded and replaced by the terms and provisions of an 3 approved EEPA to the extent that the EEPA provides alternative 4 means to define and achieve compliance. Any facility that is the 5 subject of an approved EEPA shall comply with the terms of the 6 EEPA in lieu of the environmental laws that are superseded and 7 replaced by the approved EEPA. Superseded and replaced legal 8 requirements shall be clearly identified in the EEPA. In the 9 event of termination of an EEPA for nonperformance under G.S. 10 143-215. 115L, the Secretary (or director designated pursuant to 11 G.S. 113A-244) shall require the sponsor to apply for a permit or 12 approval to comply with such identified superseded and replaced 13 legal requirements in accordance with the procedures of G.S. 14 143-215. 115L. 15 (b) Any permit that is affected by an approved EEPA shall be 16 revised by the agency with jurisdiction over such permit in order 17 to conform its terms to the pertinent provisions of the approved 18 EEPA. Permit revisions shall be completed within 60 days after 19 the effective date of the EEPA and shall comply with all 20 applicable procedural requirements, including, where applicable, 21 public notice, the opportunity to comment, and the opportunity 22 for review and comment by federal agencies. 2 3 (c) Other than as superseded or replaced as provided in an 24 approved EEPA, any existing permit requirements remain in effect 2 5 and are enforceable. 26 "§ 113A-252. Judicial review. 2 7 The decision to approve or disapprove a proposed EEPA is at the 28 discretion of the Secretary or a director designated pursuant to 29 G.S. 113A-244. A decision to approve a proposed EEPA or to 30 terminate or modify an approved EEPA is a final decision in a 31 contested case and subject to judicial review pursuant to Article 32 4 of Chapter 150B of the General Statutes. Any party seeking 33 judicial review pursuant to this section shall be deemed to have 34 exhausted all administrative remedies made available by statute 35 or agency rule. To obtain judicial review pursuant to this 36 section, any person seeking review shall file a petition in Wake 37 County Superior Court or in the superior court of the county in 38 which the facility subject to the EEPA is located. Any petition 39 for review shall be filed with the clerk of superior court within 40 30 days after the decision of the Secretary or a director Page 8 ERCOO-RT/SBZ-015 . 13 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 designated pursuant to G.S. 113A-244 is served upon the sponsor 2 of the EEPA. 3 "§ 113A-253. Termination of EEPA for nonperformance. 4 (a) The Secretary or a director designated pursuant to G.S. 5 113A-244 may, by providing written notice to each party to the 5 EEPA, terminate the EEPA in whole or in part if, after notice and 7 a reasonable opportunity to cure, a facility subject to the EEPA 8 fails to substantially perform any term or condition in an 9 approved EEPA that prevents achievement of the stated purposes 10 set forth in G.S. 113A-242. 1 1 (b) The notice under subsection (a) of this section shall 12 specify the extent to which the EEPA is to be terminated, state 13 the basis for termination, and provide a description of the 14 opportunity for judicial review of the decision to terminate the 15 EEPA. 16 (c) After receipt of notice under this section, the sponsor 17 has 60 days in which to apply for any permit or approval affected 18 by any terminated portion of the EEPA. An application filed 19 during the 60-day period is a timely application for renewal of a 2 0 permit under any applicable law. The terms and conditions of the 21 EEPA shall continue in effect until a final permit or approval is 22 issued. If the sponsor fails to submit a timely or complete 23 application, any affected permit or approval may be modified at 24 any time in a manner that is consistent with applicable law. 2 5 "§ 113A-254. Enforcement of environmental laws and EEPAs . 2 6 (a) Nothing in this Article shall limit the authority of the 2 7 Attorney General, a prosecuting attorney, or a director to 28 initiate a criminal, civil, or administrative action against a 2 9 person for any violation of any environmental requirement, except 30 to the extent that this Article provides that any environmental 31 law is superseded and replaced by the terms and provisions of an 32 approved EEPA. A violation of a term or condition of an approved 33 EEPA listed in accordance with G.S. 113A-247 ( 3 ) a. is subject to 34 penalties and remedies to the same extent as a violation of the 35 applicable environmental law that it supersedes pursuant to the 36 EEPA. 37 (b) Except as provided in G.S. 113A-253(a), failure to meet 38 the overall EEPA project targets listed in accordance with G.S. 39 113A-247 ( 3 )b. shall not be subject to any form of criminal or ERCOO-RT/SBZ-015.13 Page 9 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 civil penalties, including penalties, orders, or any form of 2 injunctive relief. 3 (c) This Article does not create a private cause of action for 4 citizen suits or otherwise alter or amend other statutory 5 provisions authorizing citizen suits. 6 "§ 113A-255. Fees. 7 An EEPA may contain a reduced fee schedule with respect to any 8 program that otherwise applies to the facilities subject to the 9 EEPA. 10 "§ 113A-256. State Environmental Policy Act; exemption. 1 1 A decision to approve an EEPA or terminate or modify an 12 approved EEPA shall not be subject to the requirements of the 13 North Carolina Environmental Policy Act of 1971, Article 1 of 14 Chapter 113A of the General Statutes. 15 "§ 113A-257. Rule making. 16 Any State, regional, or local agency administering programs 17 pursuant to an environmental law may adopt rules or ordinances to 18 implement this Article. An agency need not adopt rules or 19 ordinances in order to consider or enter into an EEPA." 20 Section 2. This act becomes effective July 1, 1999. GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 S/H BILL DRAFT ERCOO-SBZ-004 . 03 (5.4) 15-MAY-OO 10:32:44 ATTENTION: This is a draft and is not ready for introduction. Short Title: Extend billboard moratorium. (Public) Sponsors ; Referred to; 1 A BILL TO BE ENTITLED 2 AN ACT TO EXTEND THE MORATORIUM ON NEW BILLBOARDS ALONG A 3 DESIGNATED SECTION OF INTERSTATE 40, AS RECOMMENDED BY THE 4 ENVIRONMENTAL REVIEW COMMISSION. 5 The General Assembly of North Carolina enacts: 6 Section 1. The moratorium on the erection of outdoor 7 advertising along the portion of Interstate Highway 40 from the 8 Orange-Alamance County line to the municipal limits of the City 9 of Wilmington, imposed by S.L. 1999-436, is extended. The 10 moratorium imposed by this section shall not apply to outdoor 11 advertising described in subdivisions (1), (2), and (3) of G.S. 12 136-129. 13 Section 2. A moratorium is imposed on the issuance of 14 permits for the construction of new outdoor advertising along the 15 portion of Interstate Highway 40 from the Orange-Alamance County 16 line to the municipal limits of the City of Wilmington. The 17 moratorium imposed by this section shall not apply to outdoor 18 advertising described in subdivisions (1), (2), and (3) of G.S. 19 136-129. GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 Section 3. This act becomes effective July 1, 2000 and 2 expires July 1, 2001. P^rro 7 ERCOO-SBZ-004.03 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 S/H 1 BILL DRAFT ERCOO-RT/SBZ-0 10 . 03 (5.9) 15-MAY-OO EZT / 12:27:23 ATTENTION; This is a draft and is not ready for introduction. Short Title: Private Counsel/Atty . Fees/State Emp. (Public) Sponsors ; Referred to: 1 A BILL TO BE ENTITLED 2 AN ACT TO PROVIDE FOR PRIVATE COUNSEL AND TO PROVIDE FOR THE 3 RECOVERY OF COSTS AND ATTORNEY'S FEES IN CIVIL ACTIONS AGAINST 4 A STATE EMPLOYEE WHEN THE STATE EMPLOYEE IS ALLEGED TO BE 5 PERSONALLY LIABLE FOR DAMAGES FOR ANY OFFICIAL ACT OR OMISSION 6 IN CONNECTION WITH THE ENFORCEMENT OF ENVIRONMENTAL LAWS, AS 7 RECOMMENDED BY THE ENVIRONMENTAL REVIEW COMMISSION. 8 The General Assembly of North Carolina enacts: 9 Section 1. G.S. 114-2.3 reads as rewritten: 10 "§114-2.3. Use of private counsel limited. 11 Every agency, institution, department, bureau, board, or 12 commission of the State, authorized by law to retain private 13 counsel, shall obtain written permission from the Attorney 14 General prior to employing private counsel. An agency that is 15 responsible for the administration or enforcement of any law for 16 the protection of the environment, public health, or natural 17 resources shall request private counsel for a State employee or 18 former State employee who, in any action or special proceeding, 19 is alleged to be personally liable for damages as the result of 20 any act or omission by the employee during the course of his or 2 1 her employment, if the employee requests private counsel. The 22 Attorney General shall approve the request unless the Attorney GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 General determines that the employee clearly acted outside of the 2 course and scope of the employee's duties. This section does not 3 apply to counties, cities, towns, other municipal corporations or 4 political subdivisions of the State, or any agencies of these 5 municipal corporations or political subdivisions, or to county or 6 city boards of education." 7 Section 2. Article 3 of Chapter 6 of the General 8 Statutes is amended by adding a new section to read: 9 "S 6-19.3. Allowance of costs and attorney's fees in certain 10 cases involving enforcement of environmental, public health, or 11 laws. 12 Upon the determination that a State employee or former State 13 employee has prevailed in a civil action or special proceeding 14 brought against the employee for an act or omission related to 15 the enforcement of any law for the protection of public health, 16 the environment, public health, or natural resources; the court 17 shall award costs, including reasonable attorney's fees for the 18 attorneys who represent the employee and the State agency 19 employer, unless the court finds that the award of attorney's 2 0 fees would be unjust." 21 Section 3. This act is effective when it becomes law 22 and applies to any action or special proceeding commenced on or 23 after that date. Paop 7 ERCOO-RT/SBZ-010.03 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 99-DRW-RPO(v5) THIS IS A DRAFT 9-MAY-OO 09:43:06 Short Title: DOT establish rural planning orgs. (Public) Sponsors: Referred to: A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE DEPARTMENT OF COOPERATION WITH LOCAL ELECTED OFFICIALS, TRANSPORTATION PLANNING ORGANIZATIONS TRANSPORTATION SYSTEMS AND TO ADVISE THE TRANSPORTATION POLICY. The General Assembly of North Carolina enacts: Section 1. G.S. 136-18 is amended by subsection to read: "(35) To establish rural planning organizations. 1 2 3 4 5 6 7 8 9 10 11 provided in Article 17 of this Chapter." 12 Section 2. Chapter 136 of the General Statutes is 13 amended by adding a new Article to read: 14 "Article 17 15 "Rural Transportation Planning Organizations. 16 "§136-210 Definitions. 17 As used in this Article: TRANSPORTATION, IN TO ESTABLISH RURAL TO PLAN RURAL DEPARTMENT ON RURAL adding a new as GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 (1) 'Rural Transportation Planning Organization'. — means a 2 voluntary organization of local elected officials or their 3 designees and representatives of local transportation systems 4 formed by a memorandum of understanding with the Department of 5 Transportation to work cooperatively with the Department to plan 6 rural transportation systems and to advise the Department on 7 rural transportation policy. 8 5136-211. Department authorized to establish Rural Public 9 Transportation Planning Organizations. 10 (a) Authorization. — The Department of Transportation is 11 authorized to form Rural Transportation Planning Organizations. 12 (b) Area represented. — Rural Transportation Planning 13 Organizations shall include representatives from contiguous areas 14 in three to fifteen counties, with a total population of the 15 entire area represented of at least fifty thousand persons 16 according to the latest population estimate of the Office of 17 State Planning. Areas already included in a Metropolitan Planning 18 Organization shall not be included in the area represented by a 19 Rural Planing Organization. 20 (c) Membership. — The Rural Transportation Planning 21 Organization shall consist of local elected officials or their 22 designees and representatives of local transportation systems in 23 the area as agreed to by all parties in a memorandum of 24 understanding . 2 5 (d) Formation; memorandum of understanding. — The Department 26 shall notify local elected officials and representatives of local 27 transportation systems around the State of the opportunity to 28 form Rural Transportation Planning Organizations, The Department 29 shall work cooperatively with interested local elected officials, 30 their designees, and representatives of local transportation 31 systems to develop a proposed area, membership, functions, and 32 responsibilities of a Rural Transportation Planning Organization. 33 The agreement of all parties shall be included in a memorandum of 34 understanding approved by the membership of a proposed Rural 35 Transportation Planning Organization and the Secretary of the 36 Department of Transportation. 37 §136-212. Duties of Rural Transportation Planning Organizations, f 38 (a)Duties. — The duties of a Rural Transportation Planning 39 Organizations shall include, but not be limited to; Page 2 99-DRW-RPO( v5) GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 (1) Developing, in cooperation with the Department, long-range 2 local and regional multi-modal transportation plans. 3 (2) Providing a forum for public participation in the 4 transportation planning process. 5 (3) Developing and prioritizing suggestions for transportation 6 projects the organization believes should be included in the 7 state's Transportation Improvement Program. 8 (4) Providing transportation related information to local 9 governments and other interested organizations and persons. 10 S136-213. Administration and staff. 11 (a) Administrative entity.-- Each Rural Transportation Planning 12 Organization, working in cooperation with the Department, shall 13 select an appropriate administrative entity for the organization. 14 Eligible administrative entities include, but are not limited to, 15 regional economic development agencies, regional councils of 16 government, chambers of commerce, and local governments. 17 (b) Professional staff. — The Department and each Rural 18 Transportation Planning Organization shall cooperatively 19 determine the appropriate professional planning staff needs of 20 the organization. 21 (c) Funding. — If funds are appropriated for that purpose, the 22 Department may make grants to Rural Transportation Planning 23 Organizations for professional planning staff. The members of 24 the Rural Transportation Planning Organization shall contribute 25 at least twenty percent (20%) of the cost of any staff resources 26 employed by the organization. The Department may make additional 27 planning grants to economically distressed counties, as 28 designated by the North Carolina Department of Commerce, 29 Section 2. Nothing in this act shall require the General 30 Assembly to appropriate funds to implement it. 31 Section 3. The Department shall report to the Joint 32 Legislative Transportation Oversight Committee on the 33 implementation of this act on or before December 1, 2000. 34 Section 4. This act becomes effective July 1, 2000. 99-DRW-RPO(v5) Page 3 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 99-DRW-CMAQ(3) THIS IS A DRAFT 9-MAY-OO 09:43:05 Short Title: Exclude CMAQ funds from formula (Public) Sponsors : Referred to: 1 A BILL TO BE ENTITLED 2 AN ACT TO EXCLUDE FEDERAL CONGESTION MITIGATION AND AIR QUALITY 3 FUNDS FROM THE DISTRIBUTION FORMULA FOR FUNDS EXPENDED ON 4 TRANSPORTATION. 5 The General Assembly of North Carolina enacts: 6 Section 1. G.S. 136-17. 2A(a) reads as rewritten: 7 "(a) Funds expended for the Intrastate System projects listed 8 in G.S. 136-179 and both State and federal-aid funds expended 9 under the Transportation Improvement Program, other than federal 10 congestion mitigation and air quality improvement program funds 11 appropriated to the State by the United States pursuant to 23 12 U.S.C.§104 (b) (2 ) and 23 U.S.C. §149, funds expended on an urban 13 loop project listed in G.S. 136-180 and funds received through 14 competitive awards or discretionary grants through federal 15 appropriations either for local governments, transportation 16 authorities, transit authorities, or the Department, shall be 17 distributed throughout the State in accordance with this section. 18 (1) Distribution Region A consists of the following 19 counties: Bertie, Camden, Chowan, Currituck, Dare, 20 Edgecombe, Gates, Halifax, Hertford, Hyde, GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 Johnston, Martin, Nash, Northampton, Pasquotank, 2 Perquimans, Tyrrell, Washington, Wayne, and Wilson. 3 (2) Distribution Region B consists of the following 4 counties: Beaufort, Brunswick, Carteret, Craven, 5 Duplin, Greene, Jones, Lenoir, New Hanover, Onslow, 6 Pamlico, Pender, Pitt, and Sampson. 7 (3) Distribution Region C consists of the following 8 counties: Bladen, Columbus, Cumberland, Durham, 9 Franklin, Granville, Harnett, Person, Robeson, 10 Vance, Wake, and Warren. 11 (4) Distribution Region D consists of the following 12 counties: Alamance, Caswell, Davidson, Davie, 13 Forsyth, Guilford, Orange, Rockingham, Rowan, and 14 Stokes. 15 (5) Distribution Region E consists of the following 16 counties: Anson, Cabarrus, Chatham, Hoke, Lee, 17 Mecklenburg, Montgomery, Moore, Randolph, Richmond, 18 Scotland, Stanly, and Union. 19 (6) Distribution Region F consists of the following 20 counties: Alexander, Alleghany, Ashe, Avery, 21 Caldwell, Catawba, Cleveland, Gaston, Iredell, 22 Lincoln, Surry, Watauga, Wilkes, and Yadkin. 23 (7) Distribution Region G consists of the following 24 counties: Buncombe, Burke, Cherokee, Clay, Graham, 25 Haywood, Henderson, Jackson, Macon, Madison, 26 McDowell, Mitchell, Polk, Rutherford, Swain, 27 Transylvania, and Yancey." 28 Section 2. This act becomes effective July 1, 2000. Page 2 99-DRW-CMAQ( 3 ) GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 S/H BILL DRAFT ERCOO-RT/SBXZ-016 . 03 (4.25) 15-MAY-OO EZT / 16:19:47 ATTENTION; This is a draft and is not ready for introduction. Short Title: I/M Technology and Fee Amends. (Public) Sponsors ; Referred to: 1 A BILL TO BE ENTITLED 2 AN ACT TO IMPROVE AMBIENT AIR QUALITY, TO PROVIDE FOR THE USE OF 3 ON-BOARD DIAGNOSTIC EQUIPMENT IN THE MOTOR VEHICLE EMISSIONS 4 INSPECTION AND MAINTENANCE PROGRAM, AND TO INCREASE THE FEES 5 THAT ARE CHARGED FOR MOTOR VEHICLE SAFETY AND EMISSIONS 6 INSPECTIONS, AS RECOMMENDED BY THE ENVIRONMENTAL REVIEW 7 COMMISSION. 8 The General Assembly of North Carolina enacts: 9 Section 1. G.S. 143-215 . 107 (a )( 6 ) reads as rewritten: 10 "(6) To adopt motor vehicle emissions standards; to 11 adopt, when necessary and practicable, a motor 12 vehicle emissions inspection and maintenance 13 program to improve ambient air quality; to require 14 that motor vohiclG emiccionc be monitored whilo the 15 vehicle ie i« — operation — by — moans oi onboard 16 diagnostic oquipmont (OBD) — inctallod by tho vehicle 17 manufacturor; to require manufacturers of motor 18 vehicles to furnish to the Equipment and Tool 19 Institute and, upon request and at a reasonable GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 charge, to any person who maintains or repairs a 2 motor vehicle, all information necessary to fully 3 make use of the onboard on-board diagnostic 4 equipment and the data compiled by that equipment; 5 to certify to the Commissioner of Motor Vehicles 6 that ambient air quality will be improved by the 7 implementation of a motor vehicle emissions 8 inspection and maintenance program in a county. The 9 Commission shall implement this subdivision as 10 provided in G.S. 143-215 . 107A. " 11 Section 2. G.S. 143-215 . 107A(b) is repealed. I 12 Section 3. G.S. 143-215 . 107A(d) reads as rewritten: 13 "(d) Additional Counties. -- The Commission may require that 14 motor vehicle emissions inspections be performed in counties in 15 addition to those set out in subsection (c) of this section. In 16 determining whether to require that motor vehicle emissions 17 inspections be performed in a county, the Commission may consider 18 the population of, and distribution of population in, the county; 19 the projected change in population of, and distribution of 20 population in, the county; the number of vehicles registered in 21 the county; the projected change in the number of vehicles 22 registered in the county; vehicle miles traveled in the county; 23 the projected change in vehicle miles traveled in the county; 24 current and projected commuting patterns in the county; and the 25 current and projected impact of these factors on attainment of 26 air quality standards in the county and in areas outside the 27 county. The Commission may not require that motor vehicle 28 emissions testing inspections be performed in any county with a 29 population of less than 40,000 based on the most recent 30 population estimates prepared by the State Planning Officer. The 31 Commission may not require that motor vehicle emissions tocting 32 inspections be performed in any county in which the number of 33 vehicle miles traveled per day is less than 900,000, based on the 34 most recent estimates prepared by the Department of 35 Transportation. In order to disapprove a rule that requires that 36 motor vehicle emissions inspections be performed in one or more 37 additional counties, a bill introduced pursuant to G.S. 38 150B-21.3(b) must amend subsection (c) of this section to add one 39 or more other counties in which the total population and vehicle 4 0 miles traveled per day equal or exceed the total population and Page 2 ERCOO-RT/SBXZ-016 . 03 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 vehicle miles traveled in the county or counties listed in the 2 rule that the bill would disapprove." 3 Section 4. Section 3.2 of S.L. 1999-328 reads as 4 rewritten: 5 "Section 3.2. Tbe — Environmontal — Management — Commiccion 6 shall adopt ruloc to implomont G.S. — 143-315. 107A(b) , — ac enacted 7 by Soction 3.1 of thic act. Thoco rules shall bocome effective 8 en — I — July — 3002. The Environmental Management Commission shall 9 not require that motor vehicle emissions inspections be performed 10 in any county pursuant to G.S. 143-215 . 107A(d) , as enacted by 11 Section 3.1 of this act, prior to 1 July 2006. The Environmental 12 Management Commission shall not require motor vehicle emissions 13 inspections for diesel powered vehicles prior to 1 July 2001." 14 Section 5. Section 3.9 of S.L. 1999-328 is repealed. 15 Section 6. Effective 1 July 2002, G.S. 20-128(c) reads 16 as rewritten: 17 "(c) No motor vehicle registered in this State which that was 18 manufactured after model year 1967 shall be operated in this 19 State unless it is equipped with such emicsion-control emissions 20 control devices to reduce air pollution as that were installed 21 on the vehicle at the time of manufacture; — provided the foregoing 22 roquiromont the vehicle was manufactured and these devices are 2 3 properly connected. 24 (d) The requirements of subsection (c) of this section shall 25 not apply whore — such if the emissions control devices have been 26 removed for the purpose of converting the motor vehicle to 27 operate on natural or liquefied petroleum gas or other 28 modifications have been made in order to reduce air pollution, 29 further — provided — that — such — modifications — shall — have — first — boon 30 pollution and these modifications are approved by the Department 31 of Environment and Natural Resources." 32 Section 7. Effective 1 July 2000, G.S. 20-183. 2{b) 33 reads as rewritten: 34 "(b) Emissions. — A motor vehicle is subject to an emissions 35 inspection in accordance with this Part if it meets all of the 36 following requirements: 37 ( 1 ) It is subject to registration with the Division 38 under Article 3 of this Chapter. 39 (2) It is not a trailer whose gross weight is less than 40 4,000 pounds, a house trailer, or a motorcycle. ERCOO-RT/SBXZ-016.03 Page 3 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 (3) It is a 1975 or later model. 2 (4) Repealed by Session Laws 1999-328, s. 3.11. 3 (5) It meets any of the following descriptions: 4 a. It is required to be registered in an 5 emissions county. 6 b. It is part of a fleet that is operated 7 primarily in an emissions county. 8 c. It is offered for rent in an emissions county. 9 d. It is a used vehicle offered for sale by a 10 dealer in an emissions county. 11 e. It is operated on a federal installation 12 located in an emissions county and it is not a 13 tactical military vehicle. Vehicles operated 14 on a federal installation include those that 15 are owned or leased by employees of the 16 installation and are used to commute to the 17 installation and those owned or operated by 18 the federal agency that conducts business at 19 the installation. | 20 f. It is otherwise required by 40 C.F.R. Part 51 21 to be subject to an emissions inspection. 22 ( 6 ) It is not licensed at the farmer rate under G.S. 23 20-88(b) ." 24 Section 8. Effective 1 July 2002, G.S. 20-183. 3(b) 25 reads as rewritten: 26 "§ 20-183.3. Scope of safety inspection and emissions 2 7 inspection. 28 (a) Safety. -- A safety inspection of a motor vehicle consists 29 of an inspection of the following equipment to determine if the 30 vehicle has the equipment required by Part 9 of Article 3 of this 31 Chapter and if the equipment is in a safe operating condition: 32 (1) Brakes, as required by G.S. 20-124. 33 (2) Lights, as required by G.S. 20-129 or G.S. 34 20-129.1. 35 (3) Horn, as required by G.S. 20-125(a). | 36 (4) Steering mechanism, as required by G.S. 20-123.1. 37 (5) Windows and windshield wipers, as required by G.S. 38 20-127. To determine if a vehicle window meets the window tinting restrictions, a safety inspection 39 4 0 mechanic must first determine, based on use of an 1 T?Dpnn_DT /cnv7_m f; m GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 automotive film check card or knowledge of window 2 tinting techniques, if after-factory tint has been 3 applied to the window. If after-factory tint has 4 been applied, the mechanic must use a light meter 5 approved by the Commissioner to determine if the 6 window meets the window tinting restrictions. 7 (6) Directional signals, as required by G.S. 20-125.1. 8 (7) Tires, as required by G.S. 20-122.1. 9 (8) Mirrors, as required by G.S. 20-126. 10 (9) Exhaust system, as required by G.S. 20-128. For a 1 1 vohiclo — that — i« — subject to an omiccionc — incpoction 12 i« — addition — fe« — a safety inspection, a — visual 13 inspection &i febe vehicle ' 6 omission-control 14 devices — i« — included — i« — febe — emissions — inspection 15 rather than the safety inspection. 16 (b) Emissions. -- An emissions inspection of a motor vehicle 17 consists of a visual — inspection of the vehicle's emission control 18 dovicoc — fee — determine — i-£ — febe — devices — »*:« — present, — a*« — properly 19 connoctod; — 8m4 — a^^e — febe — correct — typo — i^f^ — febe — vehicle — aft4 an 20 analysis of the exhaust emissions of the vehicle to determine if 21 the exhaust emissions meet the standards for the model year of 22 the vehicle set by the Environmental Management Commission or, if 23 the vehicle is a 1996 or later model, an analysis of data 24 provided by the on-board diagnostic (OBD) equipment installed by 2 5 the vehicle manufacturer to identify any deterioration or 26 malfunction in the operation of the vehicle that would cause an 27 increase in the emission of pollutants by the vehicle that 2 8 violates standards for the model year of the vehicle set by the 29 Environmental Management Commission. T« — pass — afl — omissions 30 inspection a vehicle must pass both the visual — inspoction and the 31 exhaust — emissions — analysis . When an emissions inspection is 32 performed on a vehicle, a safety inspection must be performed on 33 the vehicle as well. 34 (c) Reinspection After Failure. — The scope of a reinspection 35 of a vehicle that has been repaired after failing an inspection 36 is the same as the original inspection unless the vehicle is 37 presented for reinspection within 30 days of failing the original 38 inspection. If the vehicle is presented for reinspection within 39 this time limit and the inspection the vehicle failed was a 40 safety inspection, the reinspection is limited to an inspection ERCOO-RT/SBXZ-016.03 Page 5 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 of the equipment that failed the original inspection. If the 2 vehicle is presented for reinspection within this time limit and 3 the inspection the vehicle failed was an emissions inspection, 4 the reinspection is limited to the portion of the inspection the 5 vehicle failed and any other portion of the inspection that would 6 be affected by repairs made to correct the failure." 7 Section 9. Effective 1 July 2003, G.S. 20-183. 2(b) 8 reads as rewritten: 9 "(b) Emissions. -- A motor vehicle is subject to an emissions 10 inspection in accordance with this Part if it meets all of the 11 following requirements: 12 (1) It is subject to registration with the Division 13 under Article 3 of this Chapter. 14 (2) It is not a trailer whose gross weight is less than 15 4,000 pounds, a house trailer, or a motorcycle. 16 (3) ife Except as provided in G.S. 20-183. 3(b), it is a 17 4*^X5. 1996 or later model. 18 (4) Repealed by Session Laws 1999-328, s. 3.11. 19 (5) It meets any of the following descriptions: 20 a. It is required to be registered in an 21 emissions county. 22 b. It is part of a fleet that is operated 23 primarily in an emissions county. 24 c. It is offered for rent in an emissions county. 25 d. It is a used vehicle offered for sale by a 26 dealer in an emissions county. 27 e. It is operated on a federal installation 28 located in an emissions county and it is not a 29 tactical military vehicle. Vehicles operated ^0 on a federal installation include those that 31 are owned or leased by employees of the 32 installation and are used to commute to the 33 installation and those owned or operated by 34 the federal agency that conducts business at 35 the installation. 36 f. It is otherwise required by 40 C.F.R. Part 51 3^ to be subject to an emissions inspection. 38 (6) It is not licensed at the farmer rate under G.S. 39 20-88(b)." Panp 6 ERCOO-RT/SBXZ-016 . 03 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 Section 10. Effective 1 July 2003, G.S. 20-183.3 reads 2 as rewritten 3 "§ 20-183.3. Scope of safety inspection and emissions 4 inspection. 5 (a) Safety. -- A safety inspection of a motor vehicle consists 6 of an inspection of the following equipment to determine if the 7 vehicle has the equipment required by Part 9 of Article 3 of this 8 Chapter and if the equipment is in a safe operating condition: 9 (1) Brakes, as required by G.S. 20-124. 10 (2) Lights, as required by G.S. 20-129 or G.S. 11 20-129.1. 12 (3) Horn, as required by G.S. 20-125(a). 13 (4) Steering mechanism, as required by G.S. 20-123.1. 14 (5) Windows and windshield wipers, as required by G.S. 15 20-127. To determine if a vehicle window meets the 16 window tinting restrictions, a safety inspection 17 mechanic must first determine, based on use of an 18 automotive film check card or knowledge of window 19 tinting techniques, if after-factory tint has been 20 applied to the window. If after-factory tint has 21 been applied, the mechanic must use a light meter 22 approved by the Commissioner to determine if the 23 window meets the window tinting restrictions. 24 (6) Directional signals, as required by G.S. 20-125.1. 25 (7) Tires, as required by G.S. 20-122.1. 26 (8) Mirrors, as required by G.S. 20-126. 27 (9) Exhaust system, as required by G.S. 20-128. 28 (b) Emiccionc ■ Emissions inspection requirements in certain 29 counties. -- 30 ( 1 ) An emissions inspection of a 1975 or later model 31 motor vehicle in the counties of Cabarrus, Durham, Forsyth, 32 Gaston, Guilford, Mecklenburg, Grange, Union, and Wake consists 33 of an analysis of the exhaust emissions of the vehicle to 34 determine if the exhaust emissions meet the standards for the 35 model year of the vehicle set by the Environmental Management 36 Commission or, if the vehicle is a 1996 or later model, an 37 analysis of data provided by the on-board diagnostic (OBD) 38 equipment installed by the vehicle manufacturer to identify any 39 deterioration or malfunction in the operation of the vehicle that 40 would cause an increase in the emission of pollutants by the vT3rnn--QT /Quw -^\^ f, n^ PaoR 7 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 vehicle that violates standards for the model year of the vehicle 2 set by the Environmental Management Commission. When an 3 emissions inspection is performed on a vehicle, a safety 4 inspection must be performed on the vehicle as well. When an 5 emissions inspection is performed on a vehicle, a safety 6 inspection must be performed on the vehicle as well. 7 (bl) Emissions. — An emissions inspection of a motor vehicle 8 consists of an analysis of data provided by the on-board 9 diagnostic (OBD) equipment installed by the vehicle manufacturer 10 to identify any deterioration or malfunction in the operation of 1 1 the vehicle that would cause an increase in the emission of 12 pollutants by the vehicle that violates standards for the model 13 year of the vehicle set by the Environmental Management 14 Commission. When an emissions inspection is performed on a 15 vehicle, a safety inspection must be performed on the vehicle as 16 well. 17 (c) Reinspection After Failure. — The scope of a reinspection 18 of a vehicle that has been repaired after failing an inspection 19 is the same as the original inspection unless the vehicle is 20 presented for reinspection within 30 days of failing the original 21 inspection. If the vehicle is presented for reinspection within 22 this time limit and the inspection the vehicle failed was a 23 safety inspection, the reinspection is limited to an inspection 24 of the equipment that failed the original inspection. If the 25 vehicle is presented for reinspection within this time limit and 26 the inspection the vehicle failed was an emissions inspection, 27 the reinspection is limited to the portion of the inspection the 28 vehicle failed and any other portion of the inspection that would 29 be affected by repairs made to correct the failure." 30 Section 11. Effective 1 January 2006, G.S. 31 20-182 . 2 (b) ( 3 ) reads as rewritten: 32 "(3) Except as providod in C.S. 30-183. 3(b), — i* It is a 33 1996 or later model." 34 Section 12. Effective 1 January 2006, G.S. 20-183. 3(b) 35 is repealed. 36 Section 13. Effective 1 July 2002, G.S. 20-183.5 reads 37 as rewritten: 38 "(a) Requirements. — The Division may issue a waiver for a 39 vehicle that meets all of the following requirements: Darto fi FRrnn-RT/.qRX7.-m 6 .03 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 (1) Fails an emissions inspection bocauco it paccoc the 2 visual — inspection part of — 14)€ — inspection but — fails 3 -febe exhaust omissionc analysis part e4 febe 4 inspection. but passes the safety inspection, 5 including the visual inspection of emissions 6 control devices required by G.S. 20-183.3(9). 7 (2) Has documented repairs costing at least the waiver 8 amount made to the vehicle to correct the cause of 9 the failure. The waiver amount is seventy-five 10 dollars ($75.00) if the vehicle is a pre-1981 model 11 and is two hundred dollars ($200.00) if the vehicle 12 is a 1981 or newer model. 13 (3) Is reinspected and again fails the inspection 14 because — it passes the visual — inspection part of the 15 inspection but fails the exhaust emissions analysis 16 part — &i — febe — inspection, but passes the safety 17 inspection, including the visual inspection of 18 emissions control devices required by G.S. 19 20-183.3(9) ■ 20 (4) Meets any other waiver criteria required by 40 21 C.F.R. § 51.360." 22 Section 14. Effective 1 July 2000, G.S. 20-183. 7(a) 23 reads as rewritten: 24 " (a) Fee Amount. -- When a fee applies to an inspection of a 25 vehicle or the issuance of an inspection sticker, the fee must be 26 collected. The following fees apply to an inspection of a 27 vehicle and the issuance of an inspection sticker: 28 Type Inspection Sticker 29 Safety Only, Without After- 30 Factory Tinted Window $ 8.25 9.75 31 Safety Only, With After- 32 Factory Tinted Window 18.25 19.75 33 Emissions and Safety Without 34 After-Factory Tinted Window 17.00 20.75 35 Emissions and Safety With 36 After-Factory Tinted Window 27.00 30.75 37 The fee for performing an inspection of a vehicle applies when 38 an inspection is performed, regardless of whether the vehicle 39 passes the inspection. The fee for an inspection sticker applies 4 0 when an inspection sticker is put on a vehicle. The fee for 4,4^ 1.25 i^*^ 1.25 A,r44i 3.00 3.40. 3.00 T7Dr'nn_D'Ti /cnv7 _m f; m Panp 9 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 performing an inspection of a vehicle with a tinted window 2 applies only to an inspection performed with a light meter after 3 a safety inspection mechanic determined that the window had 4 after-factory tint. 5 A vehicle that is inspected at an inspection station and fails 6 the inspection is entitled to be reinspected at the same station 7 at any time within 30 days of the failed inspection without 8 paying another inspection fee." 9 Section 15. Effective 1 July 2002, G.S. 20-183. 7(a) 10 reads as rewritten: 11 " (a) Fee Amount. -- When a fee applies to an inspection of a 12 vehicle or the issuance of an inspection sticker, the fee must be 13 collected. The following fees apply to an inspection of a 14 vehicle and the issuance of an inspection sticker: 15 Type Inspection Sticker 16 Safety Only, Without After- 17 Factory Tinted Window $ 9.75 $ 1.25 18 Safety Only, With After- 19 Factory Tinted Window 19.75 1.25 20 Emissions and Safety Without 21 After-Factory Tinted Window 30.75 21.30 3.00 4.60 22 Emissions and Safety With 23 After-Factory Tinted Window 30.75 31.30 3.00. 4 .60. 24 The fee for performing an inspection of a vehicle applies when 25 an inspection is performed, regardless of whether the vehicle 26 passes the inspection. The fee for an inspection sticker applies 27 when an inspection sticker is put on a vehicle. The fee for 28 performing an inspection of a vehicle with a tinted window 29 applies only to an inspection performed with a light meter after 30 a safety inspection mechanic determined that the window had 31 after-factory tint. 32 A vehicle that is inspected at an inspection station and fails 33 the inspection is entitled to be reinspected at the same station 34 at any time within 30 days of the failed inspection without 35 paying another inspection fee." 36 Section 16. Except as otherwise provided in this act,] 37 this act is effective when it becomes law. ^^°^ 10 ERCOO-RT/SBXZ-016.03 S/H ATTENTION: GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 BILL DRAFT ERCOO-LDXZ-017 . 03 (5.4) 16-MAY-OO EZT / 14:48:55 This is a draft and is not ready for introduction. Short Title: On-Site Wastewater System Contractors. (Public) Sponsors : Referred to; 1 A BILL TO BE ENTITLED 2 AN ACT TO CREATE THE ON-SITE WASTEWATER SYSTEM CONTRACTORS 3 LICENSING BOARD, TO REQUIRE THAT ON-SITE WASTEWATER SYSTEM 4 CONTRACTORS BE LICENSED, TO ESTABLISH LICENSING REQUIREMENTS 5 FOR ON-SITE WASTEWATER SYSTEM CONTRACTORS, AND TO CREATE 6 REMEDIES FOR VIOLATIONS OF THE LICENSING REQUIREMENTS AND OTHER 7 VIOLATIONS, AS RECOMMENDED BY THE ENVIRONMENTAL REVIEW 8 COMMISSION. 9 The General Assembly of North Carolina enacts: 10 Section 1. Article 7 of Chapter 143B of the General 11 Statutes is amended by adding a new Part to read: 12 "Part 9B. On-site Wastewater System Contractors Licensing Board. 13 "§ 143B-301.20. Definitions. The definitions in G.S. 87-122 14 apply in this Part. 15 "§ 14 38-301.21. On-site Wastewater System Contractors Licensing 16 17 18 19 20 21 22 Board. (a) Creation. The On-site Wastewater System Contractors Licensing Board is created. (b) Membership. -- The Board shall consist of nine members; ( 1 ) One member shall be engaged in the business of constructing, installing, or repairing on-site wastewater systems and shall be appointed by the GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 General Assembly upon the recommendation of the 2 Speaker of the House of Representatives. 3 ( 2 ) One member shall be an environmental health 4 specialist and shall be appointed by the General 5 Assembly upon the recommendation of the Speaker of 6 the House of Representatives. 7 (3) One member shall be a representative of the 8 Cooperation Extension Service and shall be 9 appointed by the General Assembly upon the 10 recommendation of the Speaker of the House of 1 1 Representatives . 12 (4 ) One member shall be a manufacturer or supplier of 13 septic tanks or other on-site wastewater system 14 components and shall be appointed by the General 15 Assembly upon the request of the President Pro 16 Tempore of the Senate. 17 ( 5 ) One member shall be engaged in the business of 18 constructing, installing, or repairing on-site 19 wastewater systems and shall be appointed by the 20 General Assembly upon the recommendation of the 21 President Pro Tempore of the Senate. 22 ( 6 ) One member shall be an operator of on-site 2 3 wastewater systems in North Carolina who is 24 certified under Chapter 90A of the General Statutes 2 5 and shall be appointed by the President Pro Tempore 26 of the Senate. 2 7 ( 7 ) One member shall be engaged in the business of 28 constructing, installing, or repairing on-site 2 9 wastewater systems and shall be appointed by the 30 Governor. 31 ( 8 ) One member shall be the Executive-Vice President of 32 the North Carolina Home Builders Association, Inc. 33 or the Executive-Vice President's designee. 34 ( 9 ) One member shall be an employee of the Division of 35 Environmental Health of the Department of 36 Environment and Natural Resources. 37 (c) Terms. — The member serving under subdivision (9) of 38 subsection (b) of this section shall serve at the pleasure of the 39 Governor. All appointments to the Board under subdivisions (1) 40 through (7) of subsection (b) of this section shall be for a term 4 1 of four years. The terms of members appointed to fill positions 4 2 under subdivisions (1) and (2) of subsection (b) of this section 43 shall expire on 30 June of years evenly divisible by four. The 4 4 terms of members appointed to fill positions under subdivisions ^^^•^ '> FRrnn-T,DXZ-017.03 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 (3) and (4) of subsection (b) of this section shall expire on 30 2 June of years that follow by one year those years that are evenly 3 divisible by four. The terms of members appointed to fill 4 positions under subdivisions (5) and (6) of subsection (b) of 5 this section shall expire on 30 June of years that follow by two 6 years those years that are evenly divisible by four. The terms 7 of members appointed to fill positions under subdivision (7) of 8 subsection (b) of this section shall expire on 30 June of years 9 that precede by one year those years that are evenly divisible by 10 four. Members shall serve until a successor is appointed and 11 duly qualified. No member subject to a four-year term shall 12 serve more than two consecutive terms. 13 (d) Oath of Office. — Each member of the Board, before 14 discharging the duties of the Board, shall file with the 15 Secretary of State a written oath to properly perform the duties 16 of a member of the Board and to uphold the Constitution of North 17 Carolina and the Constitution of the United States. 18 (e) Vacancies. -- For a member with a four-year term, an 19 appointment to fill a vacancy on the Board created by the 20 resignation, dismissal, disability, or death of a member shall be 21 for the balance of the unexpired term. A vacancy in an 22 appointment, including a vacancy resulting from a failure of the 23 General Assembly to make an appointment to that position, may be 24 filled as provided in G.S. 120-122. 2 5 (f) Officers. — The Board shall elect a Chair and a 26 Secretary-Treasurer, each to serve a term of two years. The 27 Board shall specify the duties of the Secretary-Treasurer and may 28 require a bond for the faithful performance of those duties. 29 (g) Quorum. — Five members shall constitute a quorum for the 30 conduct of business. 31 (h) Services. — The Board may employ a full-time executive 32 secretary and any other personnel that it determines necessary to 33 carry out the duties of the Board and the provisions of this Part 34 and Article 9 of Chapter 87 of the General Statutes. The Board 35 shall determine the compensation, duties, and other terms and 36 conditions of employment of its executive secretary and other 37 employees . 38 (i) Compensation. Members of the Board shall be 39 compensated and reimbursed for expenses at the rates set forth in 40 G.S. 93B-5. 41 "§ 143B-301.22. Powers and duties of the Board. 4 2 (a) Meetings. — The Board shall hold at least two regular 43 meetings each year. Special meetings may be held on call of the FRrnn-T,nY7-m 7 .03 Page 3 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 Chair. The Chair shall call a meeting upon the request of any 2 three members of the Board. 3 (b) Use of seal. — The Board shall adopt and use a common 4 seal . 5 (c) Adoption of Rules. — The Board shall adopt rules to 6 govern its actions and to implement the provisions of this Part 7 and Article 9 of Chapter 87 of the General Statutes. 8 (d) Grades of licenses. — The Board shall establish classes 9 or grades of licenses for on-site wastewater system contractors 10 based on the design capacity, complexity, projection costs, or 11 other differing features of approved on-site wastewater systems. 12 A license to construct, install, or repair a conventional system 13 shall be a Class or Grade 1 license. 14 (e) Written examinations. -- The Board shall develop and 15 administer written examinations for each class or grade of 16 license. The Board shall determine the time, place, and 17 frequency of examinations. The Board shall provide an 18 examination at least three times a year: one in each the coastal 19 plain, piedmont, and mountain areas of the State. 20 ( f ) Investigations. The Board shall conduct an 21 investigation concerning all matters within its jurisdiction 22 under this Part and Article 9 of Chapter 87 of the General 2 3 Statutes. The Board may expend its funds for salaries, fees, and 24 per diem expenses in connection with the investigation. 2 5 (g) Consideration of Complaints. -- A person may refer to the 26 Board charges of fraud, deceit, negligence, incompetency, or 2 7 misconduct against any contractor licensed under Article 9 of 28 Chapter 87 of the General Statutes. The charges shall be in 29 writing, sworn to by the complainant, and submitted to the Board. 30 These charges, unless dismissed without a hearing by the Board as 31 unfounded or trivial, shall be heard and determined by the Board 32 in accordance with the provisions of Chapter 150B of the General 33 Statutes . 34 (h) Records of Complaints. — The Board shall establish and 3 5 maintain detailed records regarding complaints concerning each 36 licensee. The record shall include, for each licensee, the date 37 and nature of each complaint, investigatory action taken by the 38 Board, any findings by the Board, and the disposition of the 39 matter. 4 0 (i) Notice of Findings. -- The Board shall immediately notify 41 the appropriate local health departments and the Secretary of 42 State of its findings in the case of revocation or suspension of 43 a license or the reissuance of a revoked license. n P^no 4 ERCOO-LDXZ-017 .03 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 (i) Acceptance of Funds. -- The Board may accept grants, 2 contributions, bequests, and gifts. Grants, contributions, 3 bequests, and gifts shall be kept in the same account as any 4 other funds deposited under this Part and Article 9 of Chapter 87 5 of the General Statutes. 6 (k) Applicability of Occupational Licensing Rules. -- The 7 Board is subject to the provisions of Chapter 93B of the General 8 Statutes." 9 Section 2. Chapter 87 of the General Statutes is 10 amended by adding a new Article to read: 11 "ARTICLE 9. 12 "On-site Wastewater System Contractors Licensing. 13 "S 87-120. Short title. 14 This Article may be cited as the On-Site Wastewater System 15 Contractors Licensing Act. 16 "§ 87-121. Purposes. 17 The purposes of this Article are; to protect property, public 18 health, and environmental health through the regulation and 19 education of any person, partnership, association, or corporation 20 in this State that constructs, installs, or repairs on-site 21 wastewater systems; to establish minimum standards regarding 22 ethical conduct, responsibility, training, experience, 2 3 background, and continuing education for on-site wastewater 24 system contractors; and to provide appropriate enforcement 25 procedures for rules adopted by the Board pursuant to this 26 Article or Part 9B of Article 7 of Chapter 143B of the General 27 Statutes. 28 "§ 87-122. Definitions. 2 9 As used in this Article: 30 ( 1 ) 'Board' means the On-Site Wastewater System 31 Contractors Licensing Board created in Part 9B of 32 Article 7 of Chapter 143B of the General Statutes. 33 ( 2 ) 'Construct' or 'construction' means any work, 34 including excavation, that acts to set into place 35 any on-site wastewater system and its components. 36 ( 3 ) 'Conventional system' means an on-site wastewater 37 system consisting of only a septic tank with a 38 gravity rock and pipe distribution system. 39 ( 4 ) 'Install' or 'installation' means any work that 40 constructs on-site wastewater components together 41 to form an on-site wastewater system at the 42 jobsite. tri?(-nn_T nY7_m 7 m Paae 5 I GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 (5) 'On-site wastewater system' means any wastewater 2 system permitted under the provisions of Article 11 3 of Chapter 130A of the General Statutes. 4 (6) 'On-site wastewater system contractor' means any 5 person, firm, partnership, or corporation that for 6 valuable consideration, constructs, installs, or 7 repairs, or offers to construct, install, or repair 8 an on-site wastewater system in North Carolina. 9 ( 7 ) 'Repair' means the extension, alteration, 10 replacement, or relocation of existing components 11 of an on-site wastewater system. 12 (8 ) 'Responsible charge' means having direct control 13 and personal supervision of the installation, 14 construction, or repair of an on-site wastewater 15 system. 16 "S 87-123. License required. 17 Except as provided in G.S. 87-132, no person, partnership, 18 association, or corporation shall construct, install, or repair, 19 or offer to construct, install, or repair an on-site wastewater 20 system in North Carolina without first obtaining a license under 21 this Article. No on-site wastewater system shall be approved by 22 the Department of Environment and Natural Resources or any agent 23 of the Department unless the on-site wastewater system is 24 constructed, installed, or repaired under the responsible charge 25 of an on-site wastewater system contractor licensed under this 26 Article. 2 7 "§ 87-124. Custody and use of funds. 2 8 The Secretary-Treasurer of the Board or other person designated 2 9 by the Board shall deposit all funds payable to the Board in 30 financial institutions designated by the Board as official 31 depositories for the Board. Funds shall be deposited in the name 32 of the Board and shall be used to pay all expenses incurred by 33 the Board to implement this Article or Part 9B of Article 7 of 34 Chapter 143B of the General Statutes. The Board is subject to 35 the oversight of the State Auditor pursuant to Article 5A of 36 Chapter 14 7 of the General Statutes. 37 "§ 87-125. Expenses and fees. 38 (a) All salaries, compensation, and expenses incurred or 39 allowed for the purposes of carrying out this Article or Part 9B 40 of Article 7 of Chapter 143B of the General Statutes shall be 4 1 paid by the Board exclusively out of the funds received by the 42 Board as authorized by this Article or Part 9B of Article 7 of 43 Chapter 143B of the General Statutes. No salary, expense, or 4 4 other obligations of the Board may be charged against the General Page 6 ERCOO-LDXZ-017 .03 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 $ 150. .00. $ 100, .00. $ 25. .00. $ 150, .00. $ 50, .00. 1 Fund. Neither the Board nor any of its officers or employees may 2 incur any expense, debt, or financial obligation binding upon the 3 State. 4 (b) All fees shall be established by rules adopted by the 5 Board. The Board shall establish fees sufficient to pay the 6 costs of administering this Article and Part 9B of Article 7 of 7 Chapter 14 3B of the General Statutes, but in no event shall the 8 Board charge a fee at an annual rate in excess of the following; 9 ( 1 ) Application for license 10 (2 ) License Renewal 11 ( 3 ) Late renewal charge 12 (4 ) Reinstatement of expired, 13 revoked, or suspended license 14 ( 5 ) Grade-step certifications 15 (c) The Board may issue a license to any environmental health 16 specialist while employed by a local health department without 17 charging an initial fee or a reduced renewal fee. 18 "§ 87-126. Licensing requirements. 19 (a) The Board shall issue a license in the appropriate class 2 0 or grade to an applicant who satisfactorily meets all the 21 following conditions; 22 ( 1 ) Files an application with the Board on a form 2 3 prescribed by the Board. 24 (2 ) Is at least 18 years of age. 2 5 ( 3 ) Is of good moral character as shown by the 26 affidavits of three persons not related to the 2 7 applicant for whom the applicant provided septic 2 8 tank contracting services as an employee of a 2 9 septic tank contractor or the local health 30 department. 31 ( 4 ) Completes a training program approved by the Board 32 for the class or grade of license for which the 33 applicant is applying. 34 ( 5 ) Passes an oral or written examination for the class 35 or grade of license for which the applicant is 36 applying. The examination must test the 37 proficiency of the applicant in all of the 38 following areas; 39 a_^ Principles of public and environmental health 4 0 associated with on-site wastewater collection, 4 1 treatment, and disposal. 4 2 bj_ Principles of construction and safety. 4 3 Cj_ Technical and practical knowledge of on-site 4 4 wastewater systems design and construction. ERCOO-LDXZ-017.03 Page 7 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 knowledge of plans and specifications, 2 principles of on-site wastewater system 3 repairs, and other matters related to systems, 4 construction, and performance. 5 d^ Laws and rules related to the installation, 6 construction, or repair of applicable on-site 7 wastewater systems. 8 ( 6 ) Pays the applicable application fee set by the 9 Board. 10 (b) An applicant shall not be required to hold or obtain an 1 1 educational diploma or degree to obtain a license. If an 12 applicant meets all the conditions for licensure except for the 13 passage of the Board examination, the applicant may take the 14 examination on two more occasions without having to file for a 15 new application, pay an additional application fee, or repeat the 16 training program. If an applicant fails to pass the Board 17 examination on three successive occasions, the applicant must 18 reapply to the Board, pay the application fee, and repeat the 19 training program in order to be eligible for reconsideration for 20 a license under this Article. 21 (c) The licenses issued by the Board under this Article shall 22 show the full name of the registrant; show the full name of the 23 party of responsible charge, if different from the registrant; 24 contain a serial number; be signed by the Chair and 2 5 Secretary-Treasurer of the Board; and be embossed with the seal 26 of the Board. 2 7 (d) Holding a valid license issued by the Board is prima facie 28 evidence that the person named in the license is entitled to all 29 the rights and privileges of a licensed on-site wastewater 30 contractor at the class or grade level in which the license is 31 issued. 32 (e) A license to replace a lost, destroyed, or mutilated 33 license shall be issued subject to the rules adopted by the Board 34 and the payment of a fee adopted by rule by the Board. 35 "§ 87-127. License renewal, 36 (a) All licenses shall expire at an interval to be determined 37 by the Board, which interval shall be at least one year. A 38 license may be renewed prior to its expiration. To renew a 39 license, a licensee shall meet all of the following requirements; 4 0 ( 1 ) Submit an application for renewal on a form 41 42 121 43 44 111 Page 8 ERCOO-LDXZ-017 .03 prescri bed by the Board. Meet the continuing education requirements prescri bed by the Board. Pay the license renewal fee set by the Board. I GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 (b) A license that has expired may be renewed within 90 days 2 of its expiration upon payment of a late fee as set by the Board. 3 If a license is not renewed within 90 days of its expiration, the 4 license shall not be renewed, and the holder of an expired 5 license may apply for a new license. 6 "S 87-128. Continuing education. 7 (a) The Board shall require continuing education as a 8 condition of license renewal. The Board shall determine the 9 number of hours of continuing education required, based on both: 10 ( 1 ) The class of license applied for, not to exceed 12 11 hours per year. 12 (2) The subject matter of continuing education required 13 for that class or grade of license. 14 (b) The Board shall maintain records of continuing education 15 coursework successfully completed by each licensee, including the 16 subject and number of hours of each course. 17 (c) The Board may offer continuing education, or the Board may 18 grant approval to a continuing education program or course when 19 the Board finds that the program or course offers educational 20 experience that will enhance the construction, installation, or 2 1 repair of on-site wastewater systems. 22 "§ 87-129. Corporations; partnerships; persons doing business 2 3 under trade name. 2 4 A license may be issued in the name of a corporation, 25 partnership, designated trade name, or an individual doing 26 business under that individual's name. The license shall be 27 issued to the entity in responsible charge. If the license is 28 held by any legal entity other than an individual, the license 29 ceases to be in force for that individual once that employment is 30 discontinued. 31 "§ 87-130. Remedies. 32 (a) Consistent with the provisions of Chapter 150B of the 33 General Statutes, the Board may deny, suspend, or revoke a 34 license of any party licensed under this Article for; 35 ( 1 ) A violation of this Article, Part 9B of Article 7 36 of Chapter 143B of the General Statutes, or a rule 37 of the Board. 38 (2 ) The use of any fraud or deceit in obtaining or 39 renewing a license. 4 0 ( 3 ) Any act of gross negligence, incompetence, or 41 misconduct in the practice of, or in carrying out, 4 2 the business of constructing, installing, or 4 3 repairing an on-site wastewater system. ERCOO-LDXZ-017.03 Page 9 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 (b) The Board may request the Attorney General to seek an 2 injunction to restrain any person, firm, partnership, or 3 corporation from violating the provisions of this Article, Part 4 9B of Article 7 of Chapter 143B of the General Statutes, or rules 5 adopted by the Board. The Attorney General may bring an action 6 for an injunction in the name of the State in the superior court 7 of any county in which the violation is occurring, in which the 8 violator resides, or in which the violator's principal place of 9 business is located. In any proceedings for an injunction, it is 10 not necessary to allege or prove either that an adequate remedy 11 at law does not exist, or that substantial or irreparable damage 12 would result from the continued violation. Members of the Board 13 shall not be personally liable for any act or omission pursuant 14 to this subsection. The Board shall not be required to post a 15 bond in connection with any action to obtain an injunction. | 16 (c) The Board may establish a voluntary arbitration procedure 17 to resolve complaints concerning a licensee or work performed by 18 a licensee. 19 (d) A person who commits any one or more of the following 2 0 offenses is guilty of a Class 2 misdemeanor; 2 1 ( 1 ) Engages in or offers to engage in the construction, 22 installation, or repair of an on-site wastewater 2 3 system without being licensed by the Board at the 24 appropriate class or grade of license. 2 5 ( 2 ) Gives false or forged evidence of any kind in 2 6 obtaining a license. 27 ( 3 ) Falsely impersonates a licensee. 28 "§ 87-131. Attorney General as advisor. j 2 9 The Attorney General or an attorney designated by the Attorney < 30 General shall act as legal advisor to the Board. 31 "§ 87-132. Exemptions to Article. \ 32 This Article does not apply to general contractors licensed 33 under Article 1 of this Chapter. This Article does not apply to 34 a person who constructs, installs, or repairs a conventional 35 system that is located entirely on land owned by that person and 36 that is intended solely for use by that person and members of 37 that person's immediate household." 38 Section 3. To provide for staggered terms, initial 39 appointments under subdivisions (1) through (7) of G.S. 40 143B-301.21 (b) to the On-Site Wastewater System Contractors 41 Licensing Board created by Section 1 of this act shall be as 42 follows: Page 10 ERCOO-LDXZ-017 .03 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 (1) Initial appointments to members appointed under 2 G.S. 143B-301. 21(b) (1) and G.S. 143B-301 . 21 (b) ( 2 ) 3 shall expire on 30 June 2004. 4 (2) Initial appointments to members appointed under 5 G.S. 143B-301.21(b) (3) and G.S. 143B-301 . 21 (b) ( 4 ) 6 shall expire on 30 June 2005. 7 (3) Initial appointments to members appointed under 8 G.S. 143B-301.21(b) (5) and G.S. 143B-301 . 21 (b) ( 6 ) 9 shall expire on 30 June 2002. 10 (4) Initial appointments to members appointed under 11 G.S. 143B-301.21(b) (7 ) shall expire on 30 June 12 2003. 13 Section 4. The On-Site Wastewater System Contractors 14 Licensing Board shall hold an initial meeting in the City of 15 Raleigh within 30 days after all members of the Board have been 16 appointed. The member of the Board who is appointed G.S. 17 87-124 (b) ( 9) , as enacted by Section 1 of this act, shall serve as 18 temporary Chair of the Board for the purpose of convening the 19 initial meeting of the Board. 20 Section 5. This act constitutes a recent act of the 21 General Assembly within the meaning of G.S. 150B-21.1. 22 Notwithstanding G.S. 150B-21 . 1 (a) ( 2 ) and 26 NCAC 2C. 0102(11), the 23 On-site Wastewater System Contractors Licensing Board may adopt 24 temporary rules to implement this act until 1 October 2001. 2 5 Section 6. Sections 1 through 6 of this act become 26 effective when they become law, except that G.S. 87-123, as 27 enacted by Section 2 of this act, becomes effective 1 January 28 2002. ERCOO-LDXZ-017.03 Page 11 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 S/H 1 ERCOO-SGZ-002.01 (4.25) 12-MAY-OO EZT / 14:44:18 ATTENTION: This is a draft and is not ready for introduction. Short Title: Brownfields Tax Incentive. (Public) Sponsors : Referred to: 1 A BILL TO BE ENTITLED 2 AN ACT TO CREATE A TAX INCENTIVE FOR THE REDEVELOPMENT OF 3 BROWNFIELDS PROPERTIES, AS RECOMMENDED BY THE ENVIRONMENTAL 4 REVIEW COMMISSION. 5 The General Assembly of North Carolina enacts: 6 Section 1. Article 12 of Chapter 105 of the General 7 Statutes is amended by adding a new section to read: 8 "§ 105-277.13. Taxation of improvements on brownfields. 9 ( a ) Qualifying improvements on brownfields propertiesare 10 designated a special class of property under Article V, Sec. 2(2) 11 of the North Carolina Constitution and shall be appraised, 12 assessed, and taxed in accordance with this section. An owner of 13 land is entitled to the partial exclusion provided by this 14 section for the first five taxable years beginning after the 15 first completion of any qualifying improvements made after the 16 later of July 1, 2000, or the date of the brownfields agreement. 17 After property has qualified for the exclusion provided by this 18 section, the assessor for the county in which the property is 19 located shall annually appraise the improvements made to the 20 property during the period of time that the owner is entitled to 21 the exclusion. GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 (b) For the purposes of this section, the terms "qualifying 2 improvements on brownfields properties" and "qualifying 3 improvements" mean improvements made to real property that is 4 subject to a brownfields agreement entered into by the Department 5 of Environment and Natural Resources and the owner pursuant to 6 G.S. 130A-310.32. 7 (c) The following table establishes the percentage of the 8 appraised value of the qualified improvements that is excluded 9 based on the taxable year; 10 11 Year Percent of Appraised Value Excluded 12 Year 1 90% 13 Year 2 75% 14 Year 3 50% 15 Year 4 30% 16 Year 5 10%. " 17 Section 2. This act is effective for taxes imposed for taxable 18 years beginning on or after July 1, 2001. I ^^""^ ^ ERCOQ-SGZ-002.01 (4.25) S\H GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 ERCOO-SGZ-012.03 (4.25) 15-MAY-OO EZT / 17:28:18 ATTENTION: This is a draft and is not ready for introduction. Short Title: Bullhead Mountain State Natural Area. (Public) Sponsors : Referred to: 1 A BILL TO BE ENTITLED 2 AN ACT TO AUTHORIZE THE ADDITION OF BULLHEAD MOUNTAIN STATE 3 NATURAL AREA TO THE STATE PARKS SYSTEM, AS RECOMMENDED BY THE 4 ENVIRONMENTAL REVIEW COMMISSION. 5 6 Whereas, Section 5 of Article XIV of the State 7 Constitution states that it shall be a proper function of the 8 State of North Carolina to acquire and preserve park, 9 recreational, and scenic areas and, in every other appropriate 10 way, to preserve as a part of the common heritage of this State 11 its open lands and places of beauty; and, 12 Whereas, the General Assembly enacted the State Parks 13 Act in 1987, declaring that the State of North Carolina offers 14 unique archaeological, geological, biological, scenic, and 15 recreational resources, and that such resources are part of the 16 heritage of the people of the State to be preserved and managed 17 by those people for their use and for the use of their visitors 18 and descendants; and. GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 Whereas, Bullhead Mountain in Alleghany County contains 2 examples of outstanding scenic beauty; is a key component of a 3 major hawk migration corridor through North Carolina; would 4 provide outstanding opportunities for the public to observe the 5 natural phenomenon of bird migration; and has been found to 6 possess biological, scenic, and recreational resources of 7 statewide significance; and, 8 Whereas, the North Carolina State Office of the National 9 Audubon Society has expressed particular interest in the 10 protection of Bullhead Mountain and is willing to partner with 11 the State to provide long term management for the site; Now, 12 therefore, 13 The General Assembly of North Carolina enacts: 14 Section 1. The General Assembly authorizes the 15 Department of Environment and Natural Resources to add Bullhead 16 Mountain State Natural Area to the State Parks System as provided 17 in G.S. 113-44. 14(b) . 18 Section 2. This act is effective when it becomes law. P''"'" '> ERCOO-SGZ-012.03 (4.25) ♦, A GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 S/H D ERCOO-SGZ-003.03 15-MAY-OO EZT / 15:23:30 ATTENTION: This is a draft and is not ready for introduction. (Sh ort Title: Cullasaja River Designation. (Public) Sponsors : Referred to: 1 A BILL TO BE ENTITLED 2 AN ACT TO DESIGNATE A 7.5 MILE SECTION OF THE CULLASAJA RIVER AS 3 A SCENIC RIVER IN THE NORTH CAROLINA NATURAL AND SCENIC RIVER 4 SYSTEM, AS RECOMMENDED BY THE ENVIRONMNETAL REVIEW COMMISSION. 5 The General Assembly of North Carolina enacts: 6 Section 1. G.S. 113A-35.2 reads as rewritten: 7 "§ 113A-35.2. Additional components. 8 That segment of the Linville River beginning at the State 9 Highway 183 bridge over the Linville River and extending 10 approximately 13 miles downstream to the boundary between the 11 United States Forest Service lands and lands of Duke Power 12 Company (latitude 35° 50' 20") shall be a natural river area and 13 shall be included in the North Carolina Natural and Scenic River 14 System. 15 That segment of the Horsepasture River in Transylvania County 16 extending downstream from Bohaynee Road (N.C. 281) to Lake 17 Jocassee shall be a natural river and shall be included in the 18 North Carolina Natural and Scenic Rivers System. 19 That segment of the Lumber River extending from county road 20 1412 in Scotland County downstream to the North Carolina-South 21 Carolina state line, a distance of approximately 102 river miles, 22 shall be included in the Natural and Scenic Rivers System and GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 classified as follows: from county road 1412 in Scotland County 2 downstream to the junction of the Lumber River and Back Swamp. 3 shall be classified as scenic; from the junction of the Lumber^ 4 River and Back Swamp downstream to the junction of the Lumber 5 River and Jacob Branch and the river within the Fair Bluff town 6 limits shall be classified as recreational; and from the junction 7 of the Lumber River and Jacob Branch downstream to the North 8 Carolina-South Carolina state line, excepting the Fair Bluff town 9 limits, shall be classified as natural. 10 That segment of the Cullasaja River in Macon County beginning 11 at the United States Forest Service property boundary below the 12 spillway of the Lake Sequoyah Dam and extending downstream 13 through the Cullasaja Gorge within the Nantahala National Forest 14 for 7.5 miles shall be a scenic river in the North Carolina 15 Natural and Scenic River System." 16 Section 2. This act does not create an additional water 17 quality standard or basis for decision-making for any increase in 18 the quantity of waste discharged from the wastewater treatment 19 plant that the Town of Highlands currently operates and that 20 discharges into the Cullasaja River. 21 Section 3. This act is effective when it becomes law. Paae 2 ERCOO-SGZ-003 . 03 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 S/H ERCOO-SGZ-011.02 (4.25) 15-MAY-OO EZT / 17:20:34 ATTENTION: This is a draft and is not ready for introduction. Short Title: Lea Island State Natural Area. (Public) Sponsors : Referred to: 1 A BILL TO BE ENTITLED 2 AN ACT TO AUTHORIZE THE ADDITION OF LEA ISLAND STATE NATURAL AREA 3 TO THE STATE PARKS SYSTEM, AS RECOMMENDED BY THE ENVIRONMENTAL 4 REVIEW COMMISSION. 5 Whereas, Section 5 of Article XIV of the State 6 Constitution states that it shall be a proper function of the 7 State of North Carolina to acquire and preserve park, 8 recreational, and scenic areas and in every other appropriate 9 way, to preserve as a part of the common heritage of this State 10 its open lands and places of beauty; and, 11 Whereas, the General Assembly enacted the State Parks 12 Act in 1987, declaring that the State of North Carolina offers 13 unique archaeological, geological, biological, scenic, and 14 recreational resources, and that such resources are part of the 15 heritage of the people of the State to be preserved and managed 16 by those people for their use and for the use of their visitors 17 and descendants; and 18 Whereas, Lea Island in Pender County is one of the few 19 remaining undeveloped barrier islands on the North Carolina GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 coast; contains examples of high quality coastal natural 2 conununities; provides excellent breeding and migration habitat 3 for wildlife, including several rare species; and has been found 4 to possess biological and scenic resources of statewide 5 significance; and, 6 Whereas, the North Carolina State Office of the National 7 Audubon Society has expressed particular interest in the 8 protection of Lea Island and is willing to partner with the State 9 to provide long term management for the site; Now, therefore, 10 The General Assembly of North Carolina enacts: 11 Section 1. The General Assembly authorizes the 12 Department of Environment and Natural Resources to add Lea Island 13 State Natural Area to the State Parks System as provided in G.S. 14 113-44. 14(b) . 15 Section 2. This act is effective when it becomes law. t)a^o -) FRrnn-<;r:7-m 1 .n? ia.7^) S/H ATTENTION: GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 ERCOO-SGZ-018.02 (5.9) 15-MAY-OO EZT / 15:08:24 H This is a draft and is not ready for introduction. Short Title: Million Acre Open Space Goal (Public) Sponsors : Referred to; 1 A BILL TO BE ENTITLED 2 AN ACT TO ENCOURAGE, SUPPORT, AND ACCELERATE THE PERMANENT 3 PROTECTION OF FARMLAND, FORESTLAND, PARKLAND, GAMELAND, 4 WETLANDS, OPEN SPACE, AND CONSERVATION LANDS IN NORTH CAROLINA, 5 AS RECOMMENDED BY THE ENVIRONMENTAL REVIEW COMMISSION. 6 Whereas, the citizens of North Carolina have conunitted 7 themselves to conserve and protect their lands and waters in 8 numerous ways. This commitment is stated in Article XIV, Section 9 5 of the North Carolina Constitution and finds expression in the 10 many State, local, and private programs that provide for the 11 acquisition and protection of lands to protect the water quality, 12 wetlands, drinking water sources, natural beauty, and ecological 13 diversity of North Carolina as well as provide opportunities for 14 public recreation; and 15 Whereas, despite these many disparate programs, the 16 General Assembly finds that the quality of life that North 17 Carolinians have come to expect is threatened by the continued 18 alteration and development of the State's natural areas, the loss 19 of its farmlands and forests, the shrinking amount of open space GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 in its urban areas, and the loss of cultural and historic sites. 2 As the State's population continues to expand, loss of open 3 spaces to development will continue to increase, damaging North 4 Carolina's economy and environment; and 5 Whereas, the General Assembly further finds that 6 additional permanent protection of lands for environmental 7 protection and public use is needed to complement our State's 8 economic growth and to meet our citizens' needs for generations 9 to come; Now, therefore, 10 The General Assembly of North Carolina enacts: 11 Section 1. The General Assembly reaffirms the strong 12 desire of the State and its citizens to conserve and protect the 13 lands needed to provide a high-quality environment for present 14 and future generations, while also preserving, to the maximum 15 extent possible, the liberty of each individual to pursue their 16 interests. 17 Section 2. Chapter 113A of the General Statutes is 18 amended by adding a new Article to read: 19 "Article 17. 20 "Conservation, Farmland, and Open Space Protection and 2 1 Coordination" 22 "§ 113A-240. Intent. 2 3 (a) It is the intent of the General Assembly to continue to 24 support and accelerate the State's programs of land conservation 2 5 and protection, to find means to assure and increase funding for 2 6 these programs, to support the long term management of 27 conservation lands acquired by the State, and to improve the 28 coordination, efficiency, and implementation of the various State 29 and local land protection programs operating in North Carolina. 30 (b) It is the further intent of the General Assembly that the 31 State's lands should be protected in a manner that minimizes any 32 adverse impacts on the ability of local governments to carry out 33 their broad mandates. 34 "§113A-241. State to Preserve One Million Acres. 35 (a) The State of North Carolina shall encourage, facilitate, 36 plan, coordinate, and support appropriate federal. State, local, 37 and private land protection efforts so that an additional one 38 million acres of farmland, open space, and conservation lands in 39 the State are permanently protected by December 31, 2009. These 40 lands shall be protected by acquisition in fee simple or by P^nP 2 ERCOO-SGZ-018.02 (5.9; GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 acquisition of perpetual conservation easements by public 2 conservation organizations or by private entities that are 3 organized to receive and administer lands for conservation 4 purposes » 5 (b) The Secretary of Environment and Natural Resources shall 6 lead the effort to add one million acres to the State's protected 7 lands and shall plan and coordinate with other public and private 8 organizations and entities that are receiving and administering 9 lands for conservation purposes." 10 Section 3. The Secretary of Environment and Natural 11 Resources shall report to the Governor and the Environmental 12 Review Commission annually beginning on September 1, 2000, on the 13 State's progress towards attaining the goal established in 14 Section 2 of this act. 15 Section 4. This act is effective when it becomes law. FRrnn-c;r:7-m R . 09 rs.Q^ Page 3 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 S\H 1 BILL DRAFT ERCOO-SGZ-008 . 03 (5.4) 15-MAY-OO EZT / 17:38:11 ATTENTION: This is a draft and is not ready for introduction. Short Title: Mountains to Sea State Park Trail. (Public) Sponsors : Referred to; 1 A BILL TO BE ENTITLED 2 AN ACT TO AUTHORIZE THE ADDITION OF THE MOUNTAINS TO SEA STATE 3 PARK TRAIL TO THE STATE PARKS SYSTEM, AS RECOMMENDED BY THE 4 ENVIRONMENTAL REVIEW COMMISSION. 5 6 Whereas, Section 5 of Article XIV of the State 7 Constitution states that it shall be a proper function of the 8 State of North Carolina to acquire and preserve park, 9 recreational, and scenic areas and, in every other appropriate 10 way, to preserve as a part of the common heritage of this State 11 its open lands and places of beauty; and, 12 Whereas, the General Assembly enacted the State Parks 13 Act in 1987, declaring that the State of North Carolina offers 14 unique archaeological, geological, biological, scenic, and 15 recreational resources, and that such resources are part of the 16 heritage of the people of the State to be preserved and managed 17 by those people for their use and for the use of their visitors 18 and descendants; and GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 I 1 Whereas, a Mountains to Sea Trail across North Carolina 2 would offer outstanding recreational opportunities to the State's 3 citizens; would protect riparian buffers and corridors of 4 wildlife habitat along its route; and would possess biological, 5 scenic, and recreational resources of statewide significance; 6 Now, therefore, 7 The General Assembly of North Carolina enacts: 8 Section 1. The General Assembly authorizes the 9 Department of Environment and Natural Resources to add the 10 Mountains to Sea State Park Trail to the State Parks System as 11 provided in G.S. 1 13-44 . 14 (b) • The State Park Trail shall be 12 comprised only of those lands or easements which are or will be 13 allocated for management to the Division of Parks and Recreation 14 for this purpose. The Division shall promote, encourage, and 15 facilitate the establishment of dedicated connecting trails 16 through lands managed by other governmental agencies and non- 17 profit organizations in order to form a continuous trail across 18 the State. 19 Section 2. Article 2 of Chapter 113 of the General 20 Statutes is amended by adding a new section to read: 21 "§ 113-34.1. Power to acquire conservation lands not included in 22 the State Parks System. 2 3 The Department of Administration may acquire and allocate to 24 the Department of Environment and Natural Resources for 2 5 management by the Division of Parks and Recreation lands that the 26 Department of Environment and Natural Resources finds are 2 7 important for conservation purposes but which are not included in 28 the State Parks System. Lands acquired pursuant to this section 29 are not subject to the provisions of Article 2C of Chapter 113 of 30 the General Statutes and may be traded or transferred as 31 necessary to protect, develop, and manage the Mountains to Sea 32 State Park Trail, other State Parks, or other conservation 33 lands." 34 Section 3. This act is effective when it becomes law. Paae 2 ERCOO-SGZ-008 . 03 (5.4 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 S/H BILL DRAFT ERCOO-SBZ-019 . 02 (4.25) 16-MAY-OO EZT/ 14:04:31 ATTENTION; This is a draft and is not ready for introduction. Short Title: Removal of abandoned vessels. (Public) Sponsors : Referred to; 1 A BILL TO BE ENTITLED 2 AN ACT TO MAKE IT UNLAWFUL TO ABANDON VESSELS IN COASTAL WATERS 3 AND TO AUTHORIZE THE REMOVAL OF ABANDONED VESSELS AND THE 4 RECOVERY OF COSTS FOR REMOVAL, AS RECOMMENDED BY THE 5 ENVIRONMENTAL REVIEW COMMISSION. 6 The General Assembly of North Carolina enacts: 7 Section 1. Article 5 of Chapter 76 of the General 8 Statutes is amended by adding a new section to read: 9 "76-40.1. Removal of abandoned vessels. 10 (a) For purposes of this section, the term 'vessel' means any 11 watercraft or structure, including seaplanes, used or capable of 12 being used as a means of transportation or habitation on or under 13 the water. For purposes of this section, the term 'vessel' does 14 not include any shipwreck, vessel, cargo, tackle, or underwater 15 archaeological artifact that is within the exclusive dominion and 16 control of the State pursuant to G.S. 121-22 or to artificial 17 reefs managed by the Department of Environment and Natural 18 Resources. GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 (b) It shall be unlawful for any person, firm, or corporation 2 to abandon or cause to be abandoned, any vessel in or upon the 3 coastal fishing waters of the State or upon State-owned submerged 4 lands. The last owner of record of a vessel at the time it was 5 abandoned shall be presumed to be the person who abandoned the 6 vessel or caused its abandonment. 7 (c) A vessel shall be presumed to be abandoned in violation of 8 this section when the vessel is either left unattended for more 9 than 30 consecutive days or the vessel is left in a wrecked, 10 junked, or substantially dismantled condition without the consent 11 of the Secretary of Environment Natural Resources. 12 (d) Any person, firm, or corporation who violates the 13 provisions of subsection (b) of this section shall be guilty of a 14 Class 2 misdemeanor. After the expiration of 30 days from the 15 receipt or publication of notice by Secretary under subdivision 16 (e)(2) of this section, each day the vessel remains in violation 17 of this section shall constitute a separate offense. It is a 18 defense to prosecution for a violation of this section if all of 19 the following requirements are satisfied; 20 ( 1 ) The vessel was abandoned due to a natural disaster 21 22 23 24 25 26 i_2l 27 28 29 (3) 30 satisfaction of the Secretary. 31 (e) The Department may investigate a report that a vessel has 32 been abandoned in violation of this section and may remove or 33 require the removal of an abandoned vessel as provided in this 34 subsection. 35 ( 1 ) If the Secretary determines that an abandoned 36 vessel is a hazard to safety, navigation, human 37 health, or the environment, the owner of the vessel 38 shall be deemed to have appointed the Secretary his 39 or her agent for the purposes of removal of the 4 0 vessel. If the Secretary determines that the or other act of God occasioned ( 2xclusively by viol ence of nature without interf- erence of any huma n agency and that could not have been prevented or avoided by the exercise of due care or foresight. The vessel has been removed from the : waters ; of the Stat e in compliance with subdivision (e)(2) of this section. The affected area has been res tored to the I Page 2 ERCOO-SBZ-019.02 r GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 vessel constitutes an imminent hazard to safety, 2 navigation, human health, or the environment, the 3 Secretary may immediately remove the vessel from 4 waters of the State prior to giving the notice 5 required by subdivision (2) of this subsection. 6 (2) The Department may require removal of the vessel by 7 giving notice to the registered owner of the vessel 8 or other responsible party. The notice shall 9 require the owner or other responsible party to 10 respond within 10 days and to remove the vessel 11 from the waters of the State within 30 days of the 12 receipt of the notice. Notice shall be given by 13 certified mail, return receipt requested, or as 14 provided in G.S. lA-1, Rule 4(1) of the Rules of 15 Civil Procedure. The notice shall be in writing to 16 the person in whose name the vessel was last 17 registered or other responsible party at the last address of record. If the value of the vessel is more than $100 and the identity of the owner cannot be determined, notice by one publication in a newspaper of general circulation in the county where the vessel is located shall be sufficient to meet all requirements of notice. After giving the required notice, the Secretary may proceed to 25 remove the vessel from waters of the State. 18 19 20 21 22 23 24 26 (3) The owner of the abandoned vessel or responsible 27 party shall be liable for any and all costs 28 29 30 31 32 33 34 35 36 37 38 39 incurred by the State in removing the vessel, including costs to restore any damage to marine, estuarine, or fisheries resources or lands held by the State in public trust. The Secretary may authorize or contract with any federal, State, county, or municipal authority or private enterprise for removal of abandoned vessels, restoration of resources, or any other services necessary to remove, store, or dispose of abandoned vessels and restore affected areas. The method of removal, storage, and disposal of the abandoned vessel, whether by the owner, a third party, or the ERCOO-SBZ-019.02 ^^^e 3 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 State, must comply with all applicable federal and 2 State laws, regulations, and rules. 3 ( 4 ) The Secretary is authorized to sell abandoned 4 vessels, their cargo, tackle, and equipment. The 5 Secretary may provide for a public sale of the 6 property, including public notice of the 7 description of the property prior to the time set 8 for sale. The procedure may include turning the 9 property to be sold over to some other agency for 10 sale, provided that there is proper accounting for 11 the net proceeds of the sale. In the case of 12 property that cannot lawfully be sold or is 13 unlikely to sell for a sufficient amount to offset 14 the costs of sale, the Secretary may provide either 15 for destruction or disposal of the property or 16 legitimate utilization of the property by some 17 public agency. Net proceeds of the sale shall be 18 used to reimburse the State for costs incurred in 19 removal, storage, and sale of the vessel, 20 notification of the owner, and restoration of the 21 environment. Any excess proceeds shall be refunded 22 to the registered owner, if his or her identity and 2 3 address is known. Prior to sale, the registered 24 owner of the abandoned vessel or any person with an 2 5 interest in the property may redeem the property by 26 reimbursing the State for all costs incurred in 27 removing and storing the vessel, notifying the 28 owner, and restoring the environment. 29 (f) The Secretary may, either before or after the institution 30 of proceedings under subsection (e) of this section, institute a 31 civil action in the superior court in the county where the vessel 32 is located or where the owner or other responsible party resides 33 for removal of the vessel, damages, injunctive relief, recovery 34 of the costs of removal, storage and sale of the vessel, and 35 other relief as the court may deem proper, to prevent or recover 36 for any damage to any lands or property which the State holds in 37 public trust and to restrain any violation of this section. 38 (g) The provisions of this section shall be implemented by the 39 Department of Environment and Natural Resources in cooperation 40 with the Wildlife Resources Commission." Page 4 ERCOO-SBZ-019.02 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 Section 2. This act is effective when it becomes law. ERCOO-SBZ-019.02 Paqe 5 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 S/H 1 BILL DRAFT ERCOO-SGZ-009 . 01 (5.4) 16-MAY-OO EZT / 13:56:43 ATTENTION: This is a draft and is not ready for introduction. Short Title: White Goods Sunset Repeal. (Public) Sponsors : Referred to; 1 A BILL TO BE ENTITLED 2 AN ACT TO REPEAL THE SUNSET OF THE WHITE GOODS TAX AND TO DIRECT 3 THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO STUDY 4 ISSUES RELATED TO THE SCRAP TIRE DISPOSAL TAX AND THE WHITE 5 GOODS DISPOSAL TAX, AS RECOMMENDED BY THE ENVIRONMENTAL REVIEW 6 COMMISSION. 7 The General Assembly of North Carolina enacts: 8 Section 1. Section 11 of Chapter 471 of the 1993 9 Session Laws, as amended by Section 15.1(b) of Chapter 769 of the 10 1993 Session Laws and Section 7 of S.L. 1998-24, reads as 11 rewritten: 12 "Sec. 11. Sections 1 through 5 of this act and this section 13 become effective January 1, 1994. Section 3 of thic act expiree 14 July — Ir-, — 2001 . Section 6 — of this — act bocomee — offoctivfo July — W 15 3001 . Soctione — 1-, — 8-7 — and 9 of this act becomo offoctive July 1, 16 3002. 17 Tho ropoal of tho tax imposed by Section 3 of thic act dooc not 18 affect the rights — or liabilities — of the — State, — o taxpayer, — ©^ 19 another porcon that aroco during tho time the tax was — in offoct. 20 The first report submitted by the Department to the Environmental 21 Review Commission under G.S. 130A-309.85, as enacted by this act, 22 shall cover the period from January 1, 1994, to June 30, 1994." GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 Section 2. The Department of Environment and Natural 2 Resources shall study issues related to the scrap tire disposal 3 tax and the white goods disposal tax. This study shall include 4 an evaluation of whether the amount of the scrap tire disposal 5 tax and the amount of the white goods disposal tax should be 6 altered and whether the distribution of the proceeds of these 7 taxes should be reapportioned. The Department shall report its 8 findings and recommendations, including any legislative 9 proposals, to the Environmental Review Commission no later than 10 October 1, 2000. 11 Section 3. This act is effective when it becomes law. Paae 2 ERCOO-SGZ-009 . 01 (5.4) GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 H/S BILL DRAFT ERCOO-SBXZ-005 . 02 (4.25) 16-MAY-OO EZT / 20:49:23 ATTENTION: This is a draft and is not ready for introduction. Short Title: Dry-Cleaning Solvent Cleanup Amends. (Public) Sponsors ; Referred to: 1 A BILL TO BE ENTITLED 2 AN ACT TO ESTABLISH A TEMPORARY ENVIRONMENTAL SURTAX TO FUND 3 CLEANUP OF DRY-CLEANING SOLVENT CONTAMINATION; TO DESIGNATE THE 4 STATE SALES TAX REVENUE FROM DRY-CLEANING AND LAUNDRY SERVICES 5 FOR THE DRY-CLEANING SOLVENT CLEANUP FUND; TO AMEND THE 6 DRY-CLEANING SOLVENT CLEANUP ACT OF 1997 TO REPEAL THE 7 REQUIREMENT OF FINANCIAL RESPONSIBILITY FOR DRY-CLEANING 8 FACILITIES AND WHOLESALE DRY-CLEANING SOLVENT DISTRIBUTION 9 FACILITIES; TO ALLOW THE ENVIRONMENTAL MANAGEMENT COMMISSION TO 10 ENTER INTO CONTRACTS WITH PRIVATE CONTRACTORS FOR ASSESSMENT 11 AND REMEDIATION ACTIVITIES AT DRY-CLEANING FACILITIES AND 12 WHOLESALE DRY-CLEANING SOLVENT DISTRIBUTION FACILITIES; TO 13 DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO 14 STUDY THE USE OF DRY-CLEANING SOLVENTS IN NORTH CAROLINA, AND 15 TO MAKE OTHER CHANGES IN THE DRY-CLEANING SOLVENT CLEANUP ACT 16 OF 1997, AS RECOMMENDED BY THE ENVIRONMENTAL REVIEW COMMISSION. 17 The General Assembly of North Carolina enacts: 18 Section 1.1. G.S. 105-164 .4 (a )( 4 ) reads as rewritten: 19 "(4) Every person engaged in the business of operating a 2 0 dry-cloaning, pressing, ©*^ h*fe blocking 21 octablichment , — a — laundry, — ef^ — afty — cimilar bucinese, 22 engaged — in the bucinocc — o4- renting clean linen or GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 towels or wearing apparel, or any similar business, 2 or engaged in the business of soliciting cleaning, 3 proccing, — hat blocking, — laundering or linen rontal 4 business for any of these businesses, is considered 5 a retailer under this Article. A tax at the 6 general rate of tax is levied on the gross receipts 7 derived by these retailers from services rendered 8 in engaging in any of the occupations or businesses 9 named in this subdivision. Tho tax imposed by thie 10 cubdivicion dooc not apply to recoiptc derived from 11 coin ©*^ token operated washing machines, 12 extractors, — a«d — dryers. The tax imposed by this 13 subdivision does not apply to gross receipts 14 derived from services performed for resale by a 15 retailer that pays the tax on the total gross 16 receipts derived from the services." | 17 Section 1.2. G.S. 105-164. 4{a) is amended by adding a 18 new subdivision to read: 19 " ( 4d ) Every person engaged in the business of 20 operating a dry-cleaning, pressing, or 21 hat-blocking establishment, or laundry, or any 22 similar business, or engaged in the business 2 3 of soliciting cleaning, pressing, 24 hat-blocking, or laundering for any of these 2 5 businesses is considered a retailer for the 26 purposes of this Article. A tax at a rate of 2 7 general rate is levied on the gross receipts 28 derived by these retailers from services 2 9 rendered in engaging in any of the occupations 30 or businesses named in this subdivision. The 31 tax imposed by this subdivision does not apply 32 to receipts derived from coin or 33 token-operated washing machines, extractors, 34 and dryers. The tax imposed by this 35 subdivision does not apply to gross receipts 36 derived from services performed for resale by 37 a retailer that pays the tax on the total 38 gross receipts derived from the services." 39 Section 1.3. G.S. 105-164.7 reads as rewritten: 40 "§ 105-164.7. Sales Tax Part of Purchase Price. 4 1 Every retailer engaged in the business of — selling or delivering 42 ot — taking — orders — i^f^ — febe — sale — &¥^ — delivery — ©^ — tangible — personal 43 property for storage, — use or consumption in this State subject to 44 the tax established by G.S. 105-164.4 shall at the time of Page 2 ERCOO-SBXZ-005 . 02 I GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 selling or delivering or taking an order for the sale or delivery 2 of said tangible personal property or service subject to the tax 3 established by G.S. 105-164.4, or collecting the sales price 4 thereof or any part thereof, add to the sales price of such 5 tangible personal property or service the amount of the tax on 6 the sale thereof and when so added said tax shall constitute a 7 part of such purchase price, shall be a debt from the purchaser 8 to the retailer until paid and shall be recoverable at law in the 9 same manner as other debts. Said tax shall be stated and charged 10 separately from the sales price and shown separately on the 11 retailer's sales records and shall be paid by the purchaser to 12 the retailer as trustee for and on account of the State and the 13 retailer shall be liable for the collection thereof and for its 14 payment to the Secretary and the retailer's failure to charge to 15 or collect said tax from the purchaser shall not affect such 16 liability. It is the purpose and intent of this Article that the 17 tax herein levied and imposed shall be added to the sales price 18 of tangible personal property or service when sold at retail and 19 thereby be borne and passed on to the customer, instead of being 20 borne by the retailer." 21 Section 1.4. (a) Article 5D of Chapter 105 of the 22 General Statutes reads as rewritten: 23 "ARTICLE 5D. 24 Dry-cleaning Dry-Cleaning Solvent *d* Cleanup. " 25 Section 1.4(b) Article 5D of Chapter 105 of the General 26 Statutes, as amended by Section 1.3(a) of this act, is further 27 amended by designating the provisions thereof as a new Part, to 28 be entitled: 29 "Part 1. Dry-Cleaning Solvent Tax." 30 Section 1.5. Article 5D of Chapter 105 of the General 31 Statutes, as amended by Sections 1.4(a) and 1.4(b) of this act, 32 is further amended by adding a new Part to read: 33 "Part 2. Environmental Surtax on Dry-Cleaning and 34 Laundry Businesses. 35 "§ 105-187.35. Definitions. 36 The definitions set out in G.S. 105-164.3 apply to this 37 Article, except that the term 'sale' does not include lease or 38 rental . 39 "§ 105-187.36. Tax imposed. 4 0 A privilege surtax is imposed on every person engaged in the 4 1 business of operating a dry-cleaning, pressing, or hat-blocking 4 2 establishment, or laundry, or any similar business, or engaged in 43 the business of soliciting cleaning, pressing, hat-blocking, or 4 4 laundering business for any of these businesses at the rate of ERCOO-SBXZ-005.02 Page 3 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 one cent (IC) for every two cents (2C) of tax payable pursuant to 2 G.S. 105-164. 4(a) (4d) . 3 "§ 105-187.37. Administration. 4 Except as otherwise provided in this Article, the tax imposed 5 by this Article shall be collected and administered in the same 6 manner as the State sales tax imposed by Article 5 of this 7 Chapter. 8 "§ 105-187.38. Use of tax proceeds. 9 The Secretary shall deposit the taxes collected under this 10 Article in the Dry-Cleaninq Solvent Cleanup Fund established by 11 G.S. 143-215. 104C." 12 Section 1.6. Article 5 of Chapter 105 of the General 13 Statutes is amended to add a new section to read: 14 "§ 105-164. 44E. Transfer to the Dry-Cleaninq Solvent Cleanup 15 Fund. 16 At the end of each quarter, the Secretary shall transfer to the 17 Dry-Cleaninq Solvent Cleanup Fund established under G.S. 18 143-215. 104C an amount equal to the State sales and use taxes 19 collected under G.S. 105-164 . 4 ( a ) ( 4d) , as determined by the 2 0 Secretary based on available data." 21 Section 1.7. G.S. 105-187.31 reads as rewritten: 22 "§ 105-187.31. (Repealed effective January 1, 2010.) Tax 2 3 imposed. 24 A privilege tax is imposed on a dry-cleaning solvent retailer 25 at a flat rate for each gallon of dry-cleaning solvent sold by 26 the retailer to a dry-cleaning facility. An excise tax is imposed 27 on dry-cleaning solvent purchased outside the State for storage, 28 use, or consumption by a dry-cleaning facility in this State. The 29 rate of the privilege tax and the excise tax is five dollars and 30 eighty-five — cents — ( $5.85 ) seven dollars and fifty cents ($7.50) 31 for each gallon of dry-cleaning solvent that is chlorine-based 32 and eighty — cents — ( 80'? ) one dollar ($1.00) for each gallon of 33 dry-cleaning solvent that is hydrocarbon-based. These taxes are 34 in addition to all other taxes." 35 Section 2. G.S. 143-2 15 . 104C(b) reads as rewritten: 36 "(b) Sources of Revenue. -- The following revenue is credited 37 to the Fund: 38 (1) Dry-cleaning solvent taxes collected under Article 39 5D of Chapter 105 of the General Statutes. 40 (2) Recoveries made pursuant to G.S. 143-215. 104N and 41 G.S. 143-215.1040. 4 2 (3) Gifts and grants made to the Fund. 4 3 (4 ) Revenues credited to the Fund under G.S. 44 105-164. 44E." Page 4 ERCOO-SBXZ-005 .02 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 Section 3. G.S. 143-2 15 . 104B( b ) ( 20 ) , 143-2 15 . 104E, 2 143-215. 104F(b) (3), 143-2 15 . 104F( d ) { 3 ) , 143-215 . 104F( g ) , 3 143-215. 104J(a) (5) , 143-2 15 . 104P ( a) ( 1 ) , and Section 3 of S.L. 4 J.997-392 are repealed. 5 Section 4. G.S. 143-2 15 . 104F( f ) reads as rewritten: 6 "(f) Financial Responsibility Requirements. — Each 7 potentially responsible person who petitions the Conunission to 8 enter into a dry-cleaning solvent assessment agreement or 9 dry-cleaning solvent remediation agreement shall accept written 10 responsibility in the amount specified in this section for the 11 assessment or remediation of the dry-cleaning solvent 12 contamination identified in the petition. If two or more 13 potentially responsible persons petition the Commission jointly, 14 the requirements below shall be the aggregate requirements for 15 the financial responsibility of all potentially responsible 16 persons who are party to the petition. Unless an alternative 17 arrangement is agreed to by co-petitioners, the financial 18 responsibility requirements of this section shall be apportioned 19 equally among the co-petitioners. ¥iie — roquiromentc — i« — this 2 0 cubcection — shall — be — i« — addition — ^« — smy — insurance — ©* — other 21 financial — recponcibility , — including — deductibles — &*: — rotentionc> 22 ectablichod pursuant fee &,-§-. 143-315. 1G4E. The financial 2 3 responsibility required shall be as follows; 24 25 Facility or Abandoned Sito Where Roloaso Occurred Costs 26 27 Dry-cleaning facilities owned by persons who employ fewer 28 than five full-time employees , — or the oquivralont; — in activities 29 related to 30 dry-cleaning operations during the preceding calendar year$5,00 31 G- 32 33 Dry-cleaning — facilities — owned — by — persons — wiie — employ — afe — least 34 five but — fewer 35 than — 3rO — full-time — employees, — or the — equivalent, — in activities 36 related to 37 dry-cleaning operations during the preceding calendar year$10,0 38 00- 39 40 Dry-cleaning facilities — owned by persons who employ — 10 or more 41 full-time — employees , — &f — febe — equivalent, — ifl — acti^fities — related 42 to 43 dry-cleaning operations during the preceding calendar year$15,0 44 GO- ERCOO-SBXZ-005.02 Page 5 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 2 Wholocale distribution facilitiec $35,000 3 4 Abandoned dry-cloaning facility citoc $50 , 000 . 5 6 ( 1 ) For dry-cleaning facilities owned by persons who 7 employ fewer than five full-time employees, or the 8 equivalent, in activities related to dry-cleaning 9 operations during the calendar year next preceding 10 the date of the petition, the first five thousand 11 dollars ($5,000) of the costs of assessment or 12 remediation and one percent (1%) of costs of 13 assessment or remediation in excess of two hundred 14 thousand dollars ($200,000), but not more than one 15 million dollars ($1,000,000). 16 ( 2 ) For dry-cleaning facilities owned by persons who 17 employ at least five but fewer than 10 full-time 18 employees, or the equivalent, in activities related 19 to dry-cleaning operations during the calendar year 20 next preceding the date of the petition, the first 21 ten thousand dollars ($10,000) of the costs of 22 assessment or remediation, two percent (2%) of 2 3 costs of assessment or remediation in excess of two 24 hundred thousand dollars ($200,000) but not more 2 5 than five hundred thousand dollars ($500,000), and 2 6 one percent (1%) of costs of assessment or 2 7 remediation in excess of five hundred thousand 2 8 dollars ($500,000) but not more than one million 29 dollars ($1,000,000). 30 ( 3 ) For dry-cleaning facilities owned by persons who 31 employ 10 or more full-time employees, or the 32 equivalent, in activities related to dry-cleaning 3 3 operations during the calendar year next preceding 34 the date of the petition, the first fifteen 35 thousand dollars ($15,000) of the costs of 36 assessment or remediation, three percent (3%) of 37 costs of assessment or remediation in excess of two 38 hundred thousand dollars ($200,000) but not more 39 than five hundred thousand dollars ($500,000), and 4 0 one percent (1%) of costs of assessment or 4 1 remediation in excess of five hundred thousand 4 2 dollars ($500,000) but not more than one million 4 3 dollars ($1,000,000). Page 6 ERCOO-SBXZ-005 . 02 I GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 (4 ) For wholesale distribution facilities and abandoned 2 dry-cleaning facility sites, the first twenty-five 3 thousands dollars ($25,000) of the costs of 4 assessment or remediation, three percent (3%) of 5 the costs of assessment or remediation in excess of 6 two hundred thousand dollars ($200,000) but not 7 more than five hundred thousand dollars ($500,000), 8 and one percent (1%) of costs of assessment or 9 remediation in excess of five hundred thousand 10 dollars ($500,000) but not more than one million 11 dollars ($1,000,000)." 12 Section 5. G.S. 143-215. 104C reads as rewritten: 13 "§ 143-215. 104C. (Repealed effective January 1, 2012) 14 Dry-Cleaning Solvent Cleanup Fund. 15 (a) Creation. -- The Dry-Cleaning Solvent Cleanup Fund is 16 established as a special revenue fund to be administered by the 17 Commission. Accordingly, revenue in the Fund at the end of a 18 fiscal year does not revert and interest and other investment 19 income earned by the Fund must be credited to it. The Fund is 20 created to provide revenue to implement this Part. 21 (b) Sources of Revenue. -- The following revenue is credited 22 to the Fund: 23 (1) Dry-cleaning solvent taxes collected under Article 24 5D of Chapter 105 of the General Statutes. 25 (2) Recoveries made pursuant to G.S. 143-215. 104N and 26 G.S. 143-215.1040. 27 (3) Gifts and grants made to the Fund. 28 (c) Disbursements. -- A claim filed against the Fund may be 29 paid only from monies in the Fund and only in accordance with the 30 provisions of this Part. Any obligation to pay or reimburse 31 claims against the Fund shall be expressly contingent upon 32 availability of monies in the Fund. Neither the State nor any of 33 its agencies shall have any obligation to pay or reimburse any 34 costs for which monies are not available in the Fund. The 35 provisions of this Part shall not constitute a contract, either 36 express or implied, to pay or reimburse costs in excess of the 37 monies available in the Fund. In making disbursements from the 38 Fund, the Commission shall pay — feiie — claims — with — fefee — highest 39 priority — before — claimc — &f — lowor — priority, — aad — claims — &i — oqual 40 priority in tho order in which the facility or abandoned cito vjac 4 1 cortif ied obligate monies to facilities or sites with higher 42 priority before facilities or sites of lower priority, and 43 facilities or sites with equal priority in the order in which the 44 facilities or sites were prioritized until the revenue is ERCOO-SBXZ-005.02 Page 7 I GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 exhausted. Consistent with the provisions of this Part, the 2 Conunission may disburse monies from the Fund to abate imminent 3 hazards caused by dry-cleaning solvent contamination at abandoned 4 dry-cleaning facility sites that have not been certified. Up to 5 twenty percent (20%) of the amount of revenue credited to the 6 Fund in a year may be used to defray costs incurred by the 7 Department and the Attorney General's Office in connection with 8 administration of the program described in this Part, including 9 oversight of response activities." 10 Section 6. G.S. 143-215 . 104D(a ) reads as rewritten: 11 "(a) Administrative Functions. -- The Commission may 12 delegate any or all of the powers enumerated in this subsection 13 to the Department — &f — engage — a — private — contractor — ©* — contractore 14 to carry out the activitioc onumoratod in this — cubcoction. — If the 15 Commiccion ongagoc a private contractor fee carry ©wfe^ feiie 16 functions — enumerated — in — cubdivieione — {r-H — through — (-6-^ — e4 — this 17 subsection; — no action of the contractor shall — bo effective until 18 ratified by the Commiccion. Department. The Commission shall: 19 (1) Accept petitions for certification and petitions to 20 enter into dry-cleaning solvent assessment 21 agreements or remediation agreements under this 22 Part. 23 (2) Prioritize certified dry-cleaning facilities, 24 certified wholesale distribution facilities, or 25 certified abandoned dry-cleaning facility sites for 26 the initiation of assessment or remediation 27 activities that are reimbursable from the Fund. 28 (3) Develop forms to be used by persons applying for 29 reimbursement of assessment or remediation costs. 30 (4) Schedule funding of assessment and remediation 31 activities. 32 (5) Determine whether assessment or remediation is 33 necessary at a site at which dry-cleaning solvent 34 contamination has occurred. 35 ( 5a ) Enter into contracts with private contractors for 3 6 assessment and remediation activities at certified 37 dry-cleaninq facilities, certified wholesale 38 distribution facilities, or certified abandoned 39 dry-cleaninq facility sites. 4 0 (6) Determine that all necessary assessment and 41 remediation has been completed at a contamination 42 site. 4 3 (7) Make payments from the Fund to reimburse the costs 44 of assessment and remediation. Aay — paymontc — made Page 8 ERCOO-SBXZ-005 . 02 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 fey — a — private — contractor — ongaged — by — the — Commiscion 2 chall — fee — authoriaod — fey — fefee — Commicsion — prior — feo 3 dieburcomont . " 4 Section 7. G.S. 143-215 . 104F, as amended by Sections 3 5 and 4 of this act, reads as rewritten: 6 "§ 143-215. 104F. (Repealed effective January 1, 2012) 7 Requirements for certification, assessment agreements, and 8 remediation agreements. 9 (a) Any person petitioning for certification of a facility 10 or abandoned site pursuant to G.S. 143-215 . 104G, for a 11 dry-cleaning solvent assessment agreement pursuant to G.S. 12 143-215. 104H, or for a dry-cleaning solvent remediation agreement 13 pursuant to G.S. 143-215.1041, shall meet the requirements set 14 out in this section and any other applicable requirements of this 15 Part. 16 (b) Requirements for Potentially Responsible Persons 17 Generally. -- Every petitioner shall provide the Commission with: 18 (1) Information nococcary ioi^ fehe Commicsion feo 19 dotormine — fetie — priority — ranking — &f- Any information 20 that the petitioner possesses relating to the 21 contamination at the facility or abandoned site 22 described in the petition. 23 (2) Information necessary to demonstrate the person's 24 ability to incur the response costs specified in 25 subsection (f) of this section. 2 6 (4 ) Information necessary to demonstrate that the 2 7 petitioner, and any parent, subsidiary, or other 2 8 affiliate of the petitioner has substantially 2 9 complied with: 30 a_^ The terms of any dry-cleaning solvent 31 assessment agreement, dry-cleaning solvent 32 remediation agreement, brownfields agreement, 33 or other similar agreement to which the 34 petitioner or any parent, subsidiary, or other 35 affiliate of the petitioner has been a party. 36 b^ The requirements applicable to any remediation 37 in which the petitioner has previously 38 engaged. 39 Cj_ Federal and State laws, regulations, and rules 4 0 for the protection of the environment. 4 1 ( 5 ) Evidence demonstrating that a release of 4 2 dry-cleaning solvent has occurred at the facility 4 3 or abandoned site and that the release has resulted 44 in dry-cleaning solvent contamination. ERCOO-SBXZ-005.02 Page 9 I GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 (c) Requirement for Property Owners. -- In addition to the 2 information required by subsection (b) of this section, a 3 petitioner who is the owner of the property on which the 4 dry-cleaning solvent contamination identified in the petition is 5 located shall provide the Commission a written agreement 6 authorizing the Commission or its agent to have access to the 7 property for purposes of conducting assessment or remediation 8 activities or determining whether assessment or remediation 9 activities are being conducted in compliance with this Part and 10 any assessment agreement or remediation agreement. 11 (cl) Costs incurred by the petitioner for activities to 12 obtain certification of a facility or site shall not be 13 reimbursable from the Fund. 14 (d) The Commission shall reject any petition made pursuant 15 to this Part in any of the following circumstances: 16 (1) The petitioner is an owner or operator of the 17 facility described in the petition and the facility 18 was not being operated in compliance with minimum 19 management practices adopted by the Commission 20 pursuant to G.S. 143-2 15 . 104D(b) ( 2 ) at the time the 21 contamination was discovered. | 22 (2) The petitioner is an owner or operator of the 23 facility described in the petition and the 24 petitioner owed delinquent taxes under Article 5D 2 5 of Chapter 105 of the General Statutes at the time 26 the dry-cleaning solvent contamination was 27 discovered. 28 (e) The Commission may reject any petition made pursuant to 29 this Part in any of the following circumstances: 30 ( 1 ) The petitioner fails to provide the information 31 required by subsection (b) of this section. 32 (2) The petitioner falsified any information in its 33 petition that was material to the determination of 34 the priority ranking, the nature, scope and extent 35 of contamination to be assessed or remediated, or 36 the appropriate means to contain and remediate the 37 contaminants. 38 (f) Financial Responsibility Requirements. -- Each 39 potentially responsible person who petitions the Commission to 4 0 enter into a dry-cleaning solvent aeeescment agrooment &f- 4 1 dry-cleaning — solvent romodiation agroomont certify a facility or 42 abandoned site shall accept written responsibility in the amount 43 specified in this section for the assessment or remediation of 44 the dry-cleaning solvent contamination identified in the Page 10 ERCOO-SBXZ-005 . 02 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 petition. If two or more potentially responsible persons petition 2 the Commission jointly, the requirements below shall be the 3 aggregate requirements for the financial responsibility of all 4 potentially responsible persons who are party to the petition. 5 Unless an alternative arrangement is agreed to by co-petitioners, 6 the financial responsibility requirements of this section shall 7 be apportioned equally among the co-petitioners. 8 Facility or Abandoned Site Where Release Occurred Costs 9 10 Dry-cleaning facilities owned by persons who employ fewer 11 than five full-time employees, or the equivalent, in 12 activities related to dry-cleaning operations during 13 the preceding calendar year $10,000 14 15 Dry-cleaning facilities owned by persons who employ at 16 least five but fewer than 10 full-time employees, or the 17 equivalent, in activities related to dry-cleaning 18 operations during the preceding calendar year $15,000 19 20 Dry-cleaning facilities owned by persons who employ 21 10 or more full-time employees, or the equivalent, in 22 activities related to dry-cleaning operations during 23 the preceding calendar year $20,000 24 25 Wholesale distribution facilities $30,000 26 27 Abandoned dry-cleaning facility sites $50,000." 28 Section 8. G.S. 143-215. 104G reads as rewritten: 29 "§ 143-215. 104G. (Effective January 1, 1999; repealed effective 30 January 1, 2012) Certification of facilities and abandoned sites. 31 (a) A potentially responsible party may petition the 32 Commission to certify a facility or abandoned site where a 33 release of dry-cleaning solvent ic beliovrod to have has occurred. 34 The Commission shall certify the facility or abandoned site if 35 the petitioner meets the applicable requirements of G.S. 36 143-215. 104F. Upon its decision to certify a facility or 37 abandoned site, the Commission shall inform the petitioner of its 38 decision and of the initial priority ranking of the facility or 39 site. 4 0 4^^ The Commicsion may change tho initial priority rankings of 4 1 *fty — facility — &¥^ — abandoned — cite — »6 — additional — facilities — &f- 42 abandoned — cites — a*^€ — cortif iod — i^ — feiie — Commiccion, — is — ite — cole 43 diccrotion, — dotormines that additional facilitioc or citoc poco a 4 4 higher dogroo &f harm — &¥■ rick fee public health ft«d febe ERCOO-SBXZ-005.02 Page 11 I GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 environment. However, feiie CommicEion chall ROt change febe 2 priority ranking of a — facility or an abandoned cite that — is — &et 3 in a dry-cleaning — colvent remediation agreement. 4 (c) A potentially responsible party who petitions for 5 certification of a facility or abandoned site shall provide the 6 Commission with either of the following: 7 (1) A proposed dry-cloaning colvent aeeeesment 8 agreement &¥ dry-cloaning solvent remediation 9 agroomont or an indication written statement of the 10 petitioner's intent to enter into an assessment 11 agreement or remediation agreement. 12 (2) A written statement of the petitioner's intent to 13 conduct assessment and remediation activities 14 pursuant to subsection (d) of this section. 15 (d) A person who has access to property that is contaminated 16 by dry-cleaning solvent and who has successfully petitioned for 17 certification of the facility or abandoned site from which the 18 contamination is believed to have resulted may undertake 19 assessment or remediation of dry-cleaning solvent contamination 20 located on the property consistent with the standards established 21 by the Commission pursuant to G.S. 143-215 . 104D(b) ( 3 ) without 22 first entering into a dry-cleaning solvent assessment agreement 23 or a dry-cleaning solvent remediation agreement. No assessment or 24 remediation activities undertaken pursuant to this subsection 25 shall rely on standards that require the creation of land-use 25 restrictions. A person who undertakes assessment or remediation 27 activities pursuant to this subsection shall provide the 28 Commission prior written notice of the activity. Costs associated 29 with assessment or remediation activities undertaken pursuant to 30 this subsection shall not be eligible for reimbursement from the 31 Fund. 32 (e) The rejection of any petition filed pursuant to this 33 section shall not affect the rights of any other petitioner, 34 other than any parent, subsidiary, or other affiliate of the 35 petitioner, under this Part. The rejection of a petition or the 36 decertification of a facility or abandoned site may be the basis 37 for rejection of a petition by any parent, subsidiary, or other 38 affiliate of the petitioner for the facility or abandoned site." 39 Section 9. G.S. 143-215. 104H reads as rewritten: 40 "§ 143-215. 104H. (Effective January 1, 1999; repealed effective 4 1 January 1, 2012) Dry-Cleaning Solvent Assessment Agreements. 42 (a) Assessment Agreements. — One or more potentially 43 responsible parties may petition the Commission to enter into a 44 dry-cleaning solvent assessment agreement regarding a facility or Page 12 ERCOO-SBXZ-005. 02 I GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 abandoned site that has been certified pursuant to G.S. 2 143-215. 104G. The Cominission may, in its discretion, enter into 3 an assessment agreement with any potentially responsible party 4 who satisfies the requirements of this section and the applicable 5 requirements of G.S. 143-215 . 104F. If more than one potentially 6 responsible party petitions, the Commission, the Commission may 7 enter into a single assessment agreement with one or more of the 8 petitioners. The Commission shall not unreasonably refuse to 9 enter into an assessment agreement pursuant to this section. 10 Potitionorc — shall The Commission may require the petitioners to 11 provide the Commission with any information necessary to 12 demonstrate that the; demonstrate; 13 (1) Priority The priority ranking assigned to the 14 facility or site is consistent with the rules 15 adopted by — the Commission or the adjuctod priority 16 ranking — that — febe — petitioner — agrees — fee — accept — i«- 17 concictont with tie rules adopted by the 18 Commission. 19 (2) Projected The projected schedule for funding of 20 assessment activities, including roimburcomonte 21 from the Fund activities is adequate. 22 (3) Assessment The assessment activities to be 23 undertaken with respect to the dry-cleaning solvent 24 contamination and any other contamination at the 2 5 contamination site are adequate. 26 (4) Person The person who will be responsible for 27 implementation of the activities is capable and 28 qualified to conduct the assessment. 29 (4a) 30 31 32 or site The amount of funds already expended by the petitioner for assessment or remediation of dry- -cleaning solvent contamination at the faci lity 33 (5) Petitioner The petitioner has and will continue to 34 have available the financial resources necessary to 35 pay the costs of assessment activities and the 36 share of response costs imposed on the petitioner 37 by G.S. 143-2 15 . 104F . 38 (6) Permits The permits or other authorizations 39 required to conduct the assessment activities and 40 to lawfully dispose of any hazardous substances or 4 1 wastes generated by the assessment activities have 4 2 been or can be obtained. 43 (7) Assessment The assessment activities will not 44 increase the existing level of public exposure to ERCOO-SBXZ-005.02 Page 13 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 health or environmental hazards at the 2 contamination site. 3 (8) Cocts The costs to be incurred in connection with 4 the assessment activities contemplated by the 5 assessment agreement are reasonable and necessary. 6 (9) Petitioner The petitioner has obtained the consent 7 of other property owners to enter into their 8 property for the purpose of conducting assessment 9 activities specified in the assessment agreement. 10 (b) The terms and conditions of an assessment agreement 11 regarding dry-cleaning solvent contamination shall be guided by 12 and consistent with the rules adopted by the Commission pursuant 13 to G.S. 143-215. 104D and the reimbursement authorities and 14 limitations set out in this Part. An assessment agreement shall, 15 subject to the availability of monies from the Fund: 16 -f4-)- Spocify the date on which remediation will begin. 17 ( la) Require that the petitioner shall be liable to the 18 Fund for an amount equal to the difference, if any, 19 between the applicable amount of financial 20 responsibility established by G.S. 143-215. 104F and 21 the amount reasonably paid by the petitioner for 22 assessment or remediation activities of the type 23 specified in G.S. 143-215 . 104N( a )( 1 ) through (7) 24 and otherwise consistent with the requirements of 25 this Part. 26 (2) Provide for the prompt reimbursement of response 27 costs incurred in assessment activities that are 28 found by the Commission to be consistent with the 29 assessment agreement and this Part. 30 (c) The Commission may refuse to enter into a dry-cleaning 31 solvent assessment agreement with any petitioner if: 32 (1) The petitioner will not accept financial 33 responsibility for the share of the response costs 34 required by G.S. 143-215 . 104F. 35 (2) The petitioner will not accept responsibility for 36 conducting, supervising, or otherwise undertaking 37 assessment activities required by the Commission. 38 (3) The petitioner fails to provide any information 39 required by subsection (a) of this section. 40 (d) The refusal of the Commission to enter into a dry-cleaning 41 solvent assessment agreement with any petitioner shall not affect 42 the rights of any other petitioner under this Part, except that 43 the refusal may be the basis for rejection of a petition by any Page 14 ERCOO-SBXZ-005. 02 I GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 parent, subsidiary or other affiliate of the petitioner for the 2 facility or abandoned site. 3 (e) If the Commission determines from an assessment prepared 4 pursuant to this Part that the degree of risk to public health or 5 the environment resulting from dry-cleaning solvent contamination 6 otherwise subject to assessment or remediation under this Part 7 and Article 9 of Chapter 130A is acceptable in light of the 8 criteria established pursuant to G.S. 143-2 15 . 104D(b) ( 3 ) and 9 Article 9 of Chapter 130A, the Commission shall issue a written 10 statement of its determination and notify the owner or operator 11 of the facility or abandoned site responsible for the 12 contamination that no cleanup, no further cleanup, or no further 13 action is required in connection with the contamination. 14 (f) If the Commission determines that no remediation or 15 further action is required in connection with dry-cleaning 16 solvent contamination otherwise subject to assessment or 17 remediation pursuant to this Part and Article 9 of Chapter 130A, 18 the Commission shall not pay or reimburse any response costs 19 otherwise payable or reimbursable under this Part from the Fund 20 other than costs reasonable and necessary to conduct the risk 21 assessment pursuant to this section and in compliance with a 22 dry-cleaning solvent assessment agreement." 23 Section 10. G.S. 143-215 . 1041 ( a ) reads as rewritten: 24 "(a) Upon the completion of assessment activities required by 25 a dry-cleaning solvent assessment agreement, one or more 26 potentially responsible parties may petition the Commission to 27 enter into a dry-cleaning solvent remediation agreement for any 28 contamination requiring remediation. The Commission may, in its 29 discretion, enter into a remediation agreement with any 30 petitioner who satisfies the requirements of this section and the 31 applicable requirements of G.S. 143-2 15 . 104F. If more than one 32 potentially responsible party petitions the Commission, the 33 Commission may enter into a single remediation agreement with one 34 or more of the petitioners. The Commission shall not unreasonably 35 refuse to enter into a remediation agreement pursuant to this 36 section. The Commission may, in its discretion, enter into a 37 remediation agreement that includes the assessment described in 38 G.S. 143-215 . 104H. Petitioners shall provide the Commission with 39 any information necessary to demonstrate that: 4 0 4-^ 5*e — petitioner, and — *fty — parent, cubcidiary, &f^ 4 1 other affiliate of the petitioner hac cubctantially 4 2 Gompl ' od with; 4 3 «Kr ¥be terms &i a«y dry-clGaning colvont 4 4 accoccment agrooment , dry-cleaning colvent ERCOO-SBXZ-005.02 Page 15 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 romediation — agroomGnt , — brownf ieldc — agreement^ 2 o*: other similar agreement fee which feive 3 petitioner or any parent, — cubeidiary ; — or other 4 affiliate of the petitioner hac been a party. 5 b-^ The requiromontc applicable to any remediation 6 4« which feiie potitionor h*s provrioucly 7 ongagod . 8 e-^ Federal and Stato lav/s, — regulations , — and rules 9 for the protection of — the environment. 10 ( 2 ) As a result of the remediation agreement, the 11 contamination site will be suitable for the uses 12 specified in the remediation agreement while fully 13 protecting public health and the environment from 14 dry-cleaning solvent contamination and any other 15 contaminants included in the remediation agreement. 16 (3) There is a public benefit commensurate with the 17 liability protection provided under this Part. 18 (4) The petitioner has or can obtain the financial, 19 managerial, and technical means to fully implement 20 the remediation agreement and assure the safe use 21 of the contamination site. 22 (5) The petitioner has complied with or will comply 23 with all applicable procedural requirements. 24 (6) The remediation agreement will not cause the 25 Department to violate the terms and conditions 26 under which the Department operates and administers 27 remedial programs, including the programs 28 established or operated pursuant to Article 9 of 29 Chapter 130A of the General Statutes, by delegation 30 or similar authorization from the United States or 31 its departments or agencies, including the United 32 States Environmental Protection Agency. 33 (7) The priority ranking assigned to the facility or 34 site is consistent with the rules adopted by the 35 Commission or the adjuctod priority ranking that 36 the petitioner agrees to accept is consistent with 37 the rules adopted by the Commission. 38 (8) The projected schedule for funding of remediation 39 activitioc , — including roimburcomontc — from tho Fund. 4 0 activities . 4 1 (9) The petitioner will continue to have available the 42 financial resources necessary to satisfy the share 43 of response costs imposed on the petitioner by G.S. 44 143-215. 104F. Page 16 ERCOO-SBXZ-005 . 02 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 (10) The expenditures eligible for reimbursement from 2 the Fund and to be incurred in connection with the 3 remediation agreement are reasonable and necessary. 4 (11) The consent of other property owners to enter into 5 their property for purposes of conducting 6 remediation activities specified in the remediation 7 agreement. " 8 Section 11. G.S. 143-215 . 1041 ( c )( 6 ) reads as rewritten: 9 "(c) A dry-cleaning solvent remediation agreement shall 10 contain a description of the contamination site that would be 11 sufficient as a description of the property in an instrument of 12 conveyance and, as applicable, a statement of: 13 ... 14 (6) The final priority ranking of the facility or 15 abandoned site." 16 Section 12. G.S. 14 3-215 . 104N( a ) reads as rewritten: 17 "(a) Reimbursement. -- To the extent monies are available in 18 the Fund for reimbursement of response costs, the Commission 19 shall reimburse any person person, including a private 20 contractor, responsible for implementing reasonable and necessary 21 assessment and remediation activities at a contamination site 22 associated with a certified facility or a certified abandoned 23 site pursuant to a dry-cleaning solvent assessment agreement or 24 dry-cleaning solvent remediation agreement for the following 25 assessment and remediation response costs ; costs, for which 2 6 appropriate documentation is submitted: 27 ( 1 ) Costs of assessment with respect to dry-cleaning 28 solvent contamination. 29 (2) Costs of treatment or replacement of potable water 30 supplies affected by the contamination. 31 (3) Costs of remediation of affected soil, groundwater, 32 surface waters, bedrock or other rock formations, 33 or buildings. 34 (4) Monitoring of the contamination. 35 (5) Inspection and supervision of activities described 36 in this subsection, 37 (6) Reasonable costs of restoring property as nearly as 38 practicable to the conditions that existed prior to 39 activities associated with assessment and 40 remediation conducted pursuant to this Part. 41 (7) Other activities reasonably required to protect 42 public health and the environment." 43 Section 13. G.S. 14 3-2 15 . 104 I ( g ) reads as rewritten: PRrnn_c;RV7-nrm (19 Paae 17 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 "(g) The terms and conditions of a dry-cleaning solvent 2 remediation agreement concerned with dry-cleaning solvent 3 contamination shall be guided by and consistent with the rules 4 adopted by the Commission pursuant to G.S. 143-215. 104D and the 5 reimbursement authorities and limitations set out in this Part. A 6 remediation agreement shall provide, subject to availability of 7 monies in the Fund, for prompt reimbursement of response costs 8 incurred in assessment or remediation activities that are found 9 by the Commission to be consistent with the remediation agreement 10 and this Part. A remediation agreement may provide for the 1 1 Commission to conduct assessment and remediation activities at 12 the site . " 13 Section 14. (a) G.S. 14 3-2 1 5 . 104N( b ) ( 3 ) reads as 14 rewritten: 15 "(3) ^^o*^ costs bof ore funds available through fehe 16 financial — recponcibility — demonstrated — by — febe — owner 17 Q-e — operator — &f — febe — facility — &t^ — abandoned — cite 18 pursuant to G.S. — 143-3 15 . 104FE and for costs at a 19 contamination site for which funds obligated by 20 petitioners pursuant to a dry-cleaning solvent 21 assessment agreement or dry-cleaning solvent 22 remediation agreement in accordance with G.S. 23 143-214 . 104F( f) are exhausted, overdue. " 24 (b) G.S. 143-215. 104N(c) reads as rewritten: 25 "(c) The Commission shall not pay or reimburse any response 26 costs arising from a dry-cleaning solvent assessment agreement or 27 dry-cleaning solvent remediation agreement until the petitioners 28 who are party to the agreement have exhauctod — febe — financial 29 recourcoc — made — available — under paid all sums due thereunder. 30 G.S. 143-.315. 1G4E and G.S. 143 215.104F." 31 Section 15. G.S. 143-215.1040 reads as rewritten: 32 "§ 143-215.1040. (Repealed effective January 1, 2012) 33 Remediation of uncertified sites. 34 (a) In the event the owner or operator of a facility or the 35 current owner of an abandoned site cannot be identified or 36 located, unreasonably refuses to enter into either an assessment 37 agreement or remediation agreement or cannot be made to comply 38 with the provisions of an assessment agreement or remediation 39 agreement between the petitioner and the Commission, the 40 Commission may direct the Department or a private contractor 41 engaged by the Commission to use staff, equipment, or materials 42 under the control of the Department or contractor or provided by 4 3 other cooperating federal, State, or local agencies to develop 44 and implement a plan for abatement of an imminent hazard, or to D^rio 1 R FRrOO-SBXZ-005.02 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 provide interim alternative sources of drinking water to third 2 parties affected by dry-cleaning solvent contamination resulting 3 from a release at the facility or abandoned site. The cost of any 4 of these actions shall be paid from the Fund. The Department or 5 private contractor shall keep a record of all expenses incurred 6 for personnel and for the use of equipment and materials and all 7 other expenses of developing and implementing the remediation 8 plan. 9 (b) The Commission shall request the Attorney General to 10 commence a civil action to secure reimbursement of costs incurred 11 under this cubcoction. section. 12 (c) In the event a civil action is commenced pursuant to this 13 Part to recover monies paid from the Fund, the Commission may 14 recover, in addition to any amount due, the costs of the action, 15 including reasonable attorneys' fees and investigation expenses. 16 Any monies received or recovered as reimbursement shall be paid 17 into the Fund or other source from which the expenditures were 18 made." 19 Section 16. Section 5 of S.L. 1997-392 reads as 20 rewritten: 21 "Section 5. This act constitutes a recent act of the General 22 Assembly within the meaning of G.S. 150B-21.1. The Environmental 23 Management Commission may adopt temporary rules to implement this 24 act until 1 January 1999. 30 June 2001. " 25 Section 17. Section 7 of S.L. 1997-392 reads as 26 rewritten: 27 "Section 7. (a) Any person who undertakes assessment or 28 remediation of dry-cleaning solvent contamination pursuant to *ft 29 a notice of violation or enforcement action by the Department of 30 Environmont, — Health, Environment and Natural Resources during the 31 period beginning 1 October 1997 and 1 January 1999 ending 30 June 32 2001 may, on or after 4 January 1999 30 June 2001 seek 33 reimbursement from the Dry-Cleaning Solvent Cleanup Fund for any 34 costs exceeding fifty thousand dollars ($50,000). The Commission 35 shall reimburse costs if it finds that the costs incurred were 36 (i) appropriately documented and reasonably necessary to assess 37 or remediate the dry-cleaning solvent contamination; (ii) for any 38 of the activities described in subdivisions (1) through (7) of 39 G.S. 143-215. 104N(a) ; (iii) not subject to any of the limitations 40 in subdivisions (4) or (5) through (9) of G.S, 143-2 15 . 104N(b) ; 41 and ( iv ) not reimbursable from pollution and remediation legal 42 liability insurance; and (v) required by a notice of violation or 43 a specific order of the Department of Environment, Health, 44 Environment and Natural Resources issued on or after 30 June ERCOO-SBXZ-005.02 Page 19 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 1996. No reimbursement may be paid pursuant to this section for 2 dry-cleaning solvent contamination that did not result from 3 operations at a dry-cleaning or wholesale distribution facility. 4 Notwithstanding any other provision of this subsection, the 5 Commission may by rule shorten the period during which costs 6 subject to reimbursement pursuant to this subsection may be 7 incurred. 8 (b) Any person who, as of 4 — January — 1999, 30 June 2001, is 9 undertaking assessment or remediation of dry-cleaning solvent 10 contamination shall be eligible to petition the Commission to 11 enter into a dry-cleaning solvent assessment agreement or 12 dry-cleaning solvent remediation agreement with respect to the 13 contamination. In calculating the required financial 14 contribution of parties to any agreement, the Commission shall 15 determine the reasonable cost of any necessary unreimbursed 16 assessment or remediation activity undertaken by the parties with 17 respect to the contamination site prior to 1 January 1999 30 June 18 2001 and shall credit the amount toward any applicable financial 19 responsibility limits established in G.S. 143-2 15 . 104F. 20 Notwithstanding any other provision of this subsection, the 2 1 Commission may by rule establish a different cutoff date for 2 2 assessment and remediation activities covered by this 23 subsection. " 24 Section 18. The Commission on Health Services shall 25 adopt regulations which, notwithstanding any other provision of 26 statute or rule, require that a person who generates wastes at a 27 dry-cleaning facility or wholesale distribution facility that 28 contains the solvents perchloroethylene, F-1,1,3, or 1,1/1 29 trichloroethane ensures delivery of the wastes to a facility that 30 is legally authorized to manage or recycle hazardous wastes 31 containing these solvents; provided, however, that such rules 32 shall not apply to the disposal of wastewater generated from the 33 dry-cleaning process, which shall be regulated as otherwise 34 provided by law. 35 Section 19. If any section or provision of this act is 36 declared unconstitutional or invalid by the courts, the 37 unconstitutional or invalid section or provision does not affect 38 the validity of this act as a whole or any part of this act other 39 than the part declared to be unconstitutional or invalid. 40 Section 20.{a)The Secretary of Environment and Natural 41 Resources, with the assistance of a balanced working group of 42 interested parties, shall do the following: 43 ( 1 ) Identify dry-cleaning processes and equipment 44 currently in use or under development; Panp 20 ERCOO-SBXZ-005.02 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 (2) Identify the historical trends in the use of these 2 processes and equipment; and 3 (3) Evaluate the benefits and costs of these processes 4 and equipment and the feasibility of implementing 5 and installing alternative processes or equipment. 6 Section 20. (b) In evaluating processes and equipment, 7 the Secretary shall consider, at a minimum, the following 8 factors: 9 (1) The environmental and public health impacts of the 10 process or equipment; 11 (2) The ability of the process or equipment to clean a 12 wide variety of natural and synthetic fabrics 13 without damage; 14 (3) The ability of small business organizations to 15 finance, own, and operate the process or equipment; 16 and 17 (4) The effect of widespread use of the process or 18 equipment on fire safety. 19 Section 20. (c) If the Secretary finds that there are 20 significant potential obstacles to the implementation of 21 beneficial alternative dry-cleaning processes or equipment, the 22 Secretary shall recommend to the General Assembly specific 23 regulatory and nonregulatory policy measures to promote the 24 increased use of such alternative processes or equipment by the 25 State's dry-cleaning industry. The Secretary shall complete this 26 study and report the findings to the Environmental Review 27 Commission by December 1, 2000. 28 Section 20. (d) The working group established by the 29 Secretary shall consist, at a minimum, of representatives of 30 nonprofit conservation organizations, representatives of the 31 dry-cleaning industry, manufacturers of dry-cleaning processes 32 and equipment, manufacturers of dry-cleaning solvents, and 33 researchers knowledgeable about garment cleaning and the 34 dry-cleaning industry. 35 Section 21. This act constitutes a recent act of the 36 General Assembly within the meaning of G.S. 150B-21.1. The 37 Environmental Management Commission and the Commission on Health 38 Services may each adopt temporary rules to implement the 39 provisions of this act until 1 July 2001. The Secretary shall 40 make the annual report required by this section on or before 1 41 October of each year. 42 Section 22. Sections 1.1 and 1.2 of this act become 43 effective July 1, 2001. Section 1.3 of this act is effective 44 when it becomes law. Section 1.4 of this act becomes effective Tor'n n _ CD v? _ n n c; m p^np 21 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 July 1, 2001, and is repealed effective July 1, 2010. Section 2 1.5 of this act becomes effective July 1, 2001, and is repealed 3 effective July 1, 2003. Section 1.6 of this act becomes 4 effective July 1, 2003, and is repealed effective July 1, 2010. 5 Section 1.7 of this act becomes effective July 1, 2003. The 6 remainder of this act is effective when it becomes law. Sections 7 3 and 4 of this act apply retroactively to April 1, 1998. 8 ^^°^- 22 ERCOO-SBXZ-005.02 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 S/H BILL DRAFT ERCOO-SG/SBZ-00 1 . 08 (5.09) 16-MAY-OO EZT / 11:17:22 ATTENTION: This is a draft and is not ready for introduction. Short Title: Flood Hazard Prevention Act of 2000 (Public) Sponsors : Referred to; 1 A BILL TO BE ENTITLED 2 AN ACT TO PREVENT INAPPROPRIATE DEVELOPMENT IN THE ONE 3 HUNDRED- YEAR FLOODPLAIN AND TO REDUCE FLOOD HAZARDS, AS 4 RECOMMENDED BY THE ENVIRONMENTAL REVIEW COMMISSION. 5 Whereas, the hurricanes and associated flooding 6 experienced in Eastern North Carolina in 1999 caused over six 7 billion dollars in damage; and 8 Whereas, some of the structural damage resulting from 9 the floods could have been prevented by requiring development in 10 the floodplain to be elevated above the 100-year floodplain; and 11 Whereas, harm to the environment could have been 12 minimized by prohibiting certain inappropriate uses in the 13 floodplain; Now, therefore, 14 The General Assembly of North Carolina enacts: 15 Section 1. Part 6 of Article 21 of Chapter 143 of the 15 General Statutes reads as rewritten: 17 "PART 6. Floodway Floodplain Regulation. 18 "§ 143-215.51. Preamble. 19 ( a ) The purpose of this Part is fee — cpocify — means iet 20 regulation of artificial — obstructions — in floodwaye. to: GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 ( 1 ) Minimize the extent of floods by preventing 2 obstructions which inhibit water flow and increase 3 flood height and damage. 4 ( 2 ) Prevent and minimize loss of life, injuries, 5 property damage, and other losses in flood hazard 6 areas . 7 ( 3 ) Promote the public health, safety, and welfare of 8 citizens of North Carolina in flood hazard areas. 9 (b) It is hereby declared that the channel and a — portion — ©4 10 the adjoining 100-year floodplain of all the State's streams will 1 1 be designated as a f loodway , — in which artificial obctructionc may 12 not bo placed flood hazard area. Structures and other artificial 13 obstructions may not be placed in the channel of a stream or in 14 the adjoining floodplain, except in accordance with the 15 provisions of this Part. 34i€ — purpose — &f — docignating — those — areas 16 a-e — a — f loodway — ie — fee — help — control — a«d — minimize — fe4ie — extent — e4 17 floods — by — preventing — obstructions — which — inhibit — water — flow — a«4 18 incroaso — flood — height — aftd — damage, — d«d — thereby — fee — provont — a«4 19 minimiae — loss — q4 — life, — injuries, — property damage and other losses 2 0 ( both — public — a^id — private ) — ifl — flood — hazard — areas , — aftd — fee — promote 2 1 fe4ie — public — health, safety — a«^ — welfare — q4 — citiaons — o4 — North 22 Carolina — i« — flood haaard areas. 23 "§ 143-215.52. Definitions. 24 As used in this Part, — unless — feiie — context — otherwise — roquiroc ; 2 5 Part: 26 (1) 'Artificial obstruction' means any obstruction 27 which is not a natural obstruction, including any 28 which, while not a significant obstruction in 29 itself, is capable of accumulating debris and 30 thereby reducing the flood-carrying capacity of the 31 stream. 32 ( la ) 'Base flood' or '100-year flood' means the flood 3 3 which has a one percent chance of being equalled or 34 exceeded in any given year. The term 'Base flood' 3 5 is used in the National Flood Insurance Program to 36 indicate the minimum level of flooding to be 3 7 addressed by a community in its floodplain 38 management regulations. 39 ( lb) 'Base floodplain' or '100-year floodplain' means 4 0 that area subject to a one percent or greater 4 1 chance of flooding in any given year, as shown on 4 2 the most current floodplain maps prepared pursuant 4 3 to the National Flood Insurance Program or approved 4 4 by the Department. Page 2 ERCOO-SG/SBZ-001 . 08 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 ( Ic ) 'Department' means the Department of Crime Control 2 and Public Safety. 3 ( Id) 'Flood hazard area' means the portion of the 4 floodplain designated by a local government or by 5 the Department, pursuant to this Part, as an area 6 where development must be regulated to prevent 7 damage from flooding. The flood hazard area must 8 include and may exceed the base floodplain. 9 ( le ) 'Floodplain' means the lowland and relatively flat 10 areas adjoining inland and coastal waters, 11 including the base floodplain. 12 (2) 'Floodway' means that portion of the channel and 13 floodplain of a stream designated to provide 14 passage for the 100-year flood, without increasing 15 the elevation of that flood at any point by more 16 than one foot. 17 (3) 'Local government' means any county or municipal 18 corporation. 19 (4) 'Natural obstruction' includes any rock, tree, 20 gravel, or analogous other natural matter that is 21 an obstruction and has been located within the 22 floodway by a nonhuman cause. 23 (5) 'Stream' means a watercourse that collects surface 24 runoff from an area of one square mile or greater. 25 This — dooc — ftot — include — flooding — d«e — fee — tidal — &¥^ 26 storm curgo on estuarinG or ocoan waters. 27 "§ 143-215.53 Artificial — obctruction — prohibited. Floodplain 2 8 development regulated. 29 Tho placomont of Except as provided in G.S. 143-215.54 and G.S. 30 143-215.57, no person shall place any artificial obstruction in 31 the floodway of any stream or construct any structure in a flood 32 hazard area after the floodway flood hazard area has been 33 delineated pursuant to G^r^ — 143-215.56 G.S. 143-215.56. is hereby 34 prohibited, — except — ae — &efe — forth — i« — G.S. — 143-215. 54 , — unless — a 35 permit has been obtained for such artificial obstruction from the 3 6 rocponcible local govornmont . Ne damageable portion &4 a- 37 ctructuro located outside the floodway may bo below the elov^ation 38 that would be attained by — fefee — 100-yoar — flood — iri — febe — stream were 39 containod within the — floodway. 40 "§ 143-215.54. Floodway Flood hazard area uses. 41 (a) Local — governments — ft*^e — empowered — feo A local government may 42 adopt ordinances to regulate uses in flood hazard areas and grant 43 permits for the use of febe — f loodways flood hazard areas that are 44 consistent with the purposes requirements of this Part — aftd — irOf- ERCOO-SG/SB-001.08 Page 3 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 purposes — which — feiie — State — doos — ftot — regulate — either — by — a — permit — ot 2 a — formal — approval — system. Part. 3 (b) The following uses may be made of f loodways flood hazard 4 areas as a matter of right without a permit issued under this 5 Part: 6 (1) General farming, pasture, outdoor plant nurseries, 7 horticulture, forestry, wildlife sanctuary, game 8 farm, and other similar agricultural, wildlife and 9 related uses; 10 (2) Ground level loading areas, parking areas, rotary 11 aircraft ports and other similar ground level area 12 uses; 13 (3) Lawns, gardens, play areas and other similar uses; 14 (4) Golf courses, tennis courts, driving ranges, 15 archery ranges, picnic grounds, parks, hiking or 16 horseback riding trails, open space and other 17 similar private and public recreational uses. 18 (c) The lowest habitable floor of a structure in the 100-year 19 floodplain must be constructed at least two feet above the base 2 0 flood elevation. 2 1 _ (d) Salvage yards, chemical storage facilities, and other uses 22 involving potentially large quantities of hazardous materials or 2 3 solid waste disposal may not be located in the 100-year 24 floodplain. 25 "§ 143-215.55. Existing — artificial — obetructions . Acquisition of 26 existing structures. 2 7 Artificial obetructionc existing in a floodway on July 1, — 1971 , 28 shall not be concidored to be in violation of this Part. — Hov^over, 2 9 they may not bo enlarged or replaced in part or in whole, — without 30 a — permit, — a-s — provided — by — this — Part — 1« — feke — case — &f^ — a — proposed 3 1 artificial — obstruction. — Local — governments — a-e^ — empov^ored — to A 32 local government may acquire, by purchase, exchange, or 3 3 condemnation such — existing — artificial — obstructions i-^ — deemed 34 necessary by the responsible local government — for the purpose of 35 avoiding flood damages. an existing structure located in a flood 35 hazard area in the area regulated by the local government if the 3 7 local government determines that the acquisition is necessary to 38 prevent damage from flooding. The procedure in all condemnation 39 proceedings pursuant to this section shall conform as nearly as 40 possible to the procedure provided in Article 3 of Chapter 40A of 4 1 the General Statutes. 42 "§ 143-215.56. Delineation of floodway; flood hazard areas; 4 3 powers of Commiccion and Department; powers of local governments. Page 4 ERCOO-SG/SBZ-001.08 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 (a) For the purpose of delineating tfee — f loodway a flood hazard 2 area and evaluating the possibility of flood damages, responsible 3 local — govrernmontc — *?« — ompoworod — to; a local government may; 4 (1) Request technical assistance from the competent 5 federal agencies, including the Army Corps of 6 Engineers, the Soil Conservation Service, the 7 Tennessee Valley Authority, and the U.S. Geological 8 Survey, or successor agencies , — *fi4 agencies . 9 (2) Utilize the reports and data supplied by federal 10 and State agencies as the basis for the exercise by 11 local ordinance or resolution of the powers and 12 responsibilities conferred on responsible local 13 governments by this Part. 14 (b) The Department shall — fee — empowered — fee — render may provide 15 advice and assistance to any local government having 16 responsibilities under this Part. In exercising this function it 17 shall specifically be authorized to furnish manuals, suggested 18 standards, plans, and other technical data; to conduct training 19 programs; and to give advice and assistance with respect to 20 handling — &i — particular — applications ; delineation of flood hazard 21 areas and the development of appropriate ordinances; but it shall 22 not be limited to such activities. The Department shall send a 2 3 copy of every rule adopted to implement this Part to the 24 governing body of each local government in the State. 25 (c) A local government may delineate any f loodway flood hazard 26 area subject to its regulation by showing it on a map or drawing, 27 by a written description, or any combination thereof, to be 28 designated appropriately and filed permanently with the clerk of 29 superior court and with the register of deeds in the county where 30 the land lies. A local government may also delineate a flood 3 1 hazard area by reference to a map prepared pursuant to the 32 National Flood Insurance Program. The Commission Department may 33 delineate a f loodway / flood hazard area, in the same manner and 34 subject to the same requirement, when the reach of a stream in 35 which a f loodway flood hazard area is determined by the 36 Commission Department to be needed exceeds the jurisdiction of a 37 single local government. Alterations in the lines delineated 38 shall be indicated by appropriate entries upon or addition to 39 such map or description. Such entries or additions shall be made 40 by or under the direction of the clerk of superior court. 4 1 Photographic, typed or other copies of such map or description, 42 certified by the clerk of superior court, shall be admitted in 43 evidence in all courts and shall have the same force and effect 44 as would the original map or description. A local government or ERCOO-SG/SB-001.08 Page 5 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 the Conuniccion Department may provide for the redrawing of any 2 such map. A redrawn map shall supersede for all purposes the 3 earlier map or maps which it is designated to replace upon the 4 filing and approval thereof as designated and provided above. 5 (d) If the Commieeion Department determines that the f loodway 6 flood hazard area of any stream or stream segment should be 7 delineated and the use thereof controlled as provided in this 8 Part, and the local governments within which the stream or 9 segment lies have not delineated the f loodway flood hazard area 10 or controlled uses therein, the Commission Department shall 11 advise the local governments of ita intent to delineate the 12 f loodway, flood hazard area, and it shall be the responsibility 13 of the local governments to control uses therein. At least 30 14 days prior to the effective date of ^ — rule — o4 — feive — Commieeion 15 establishing — afty — f loodway , the delineation by the Department of 16 any flood hazard area, notice of the effective date and copies of 17 the rule shall be delivered to every affected local government 18 along with copioe of all maps and plans delineating the floodway. 19 government. Public notice of the rule delineation shall be given 20 at least 30 days prior to the effective date by publication of a 21 notice once a week for two successive weeks in a newspaper or 22 newspapers having general circulation in the county or counties 23 in which each affected local government lies and by posting a 24 copy of the notice at the courthouse of each such county, along 25 with a sketch map showing the stream or stream segment affected. 26 The notice shall be adequate to apprise all interested persons of 27 the nature of the rules, the effective date thereof, the stream 28 or stream segment affected, and the manner in which more detailed 29 information may be secured. 30 § 143-215.57. Procedures in issuing permits. 31 (a) Responsible — local — governments — *i^e — empowered — fe© A local 32 government may establish application forms and require such maps, 33 plans, and other information as necessary for the issuance of 34 permits in a manner consonant with the objectives of this Part. 35 For this purpose they may take into account anticipated 3 6 development in the foreseeable future which may be adversely 3 7 affected by the obstruction, as well as existing development. 38 They shall consider the effects of a proposed artificial 39 obstruction in a floodway stream in creating danger to life and 4 0 property by ; 41 (1) By water Water which may be backed up or diverted 42 by such obstruction; obstruction. Page 6 ERCOO-SG/SBZ-001 . 08 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 (2) ©y — febe The danger that the obstruction will be 2 swept downstream to the injury of others; »«4 3 others . 4 (3) gy — febo The injury or damage at the site of the 5 obstruction itself. 6 ¥-&¥^ — this — purpose — thoy — m*y — take into — account — anticipated 7 development — La — febe — f orocoGable — future — which — way — be — advorcoly 8 affoctod by the obstruction, — as well — ae — existing dovolopmont. 9 (al) Prior to issuing a permit for a structure in a floodplain, 10 a local government shall ensure that the lowest habitable floor 1 1 of the structure is elevated at least two feet above the 100-year 12 floodplain. 13 (a2) A local government shall not permit the establishment of a 14 salvage operation, chemical storage facility, or other use 15 involving potentially large quantities of hazardous materials or 16 solid waste disposal within the 100-year floodplain. 17 (b) In prescribing standards and requirements for the issuance 18 of permits under this Part, and in issuing such permits, 19 responsible local governments shall proceed as in the case of an 20 ordinance for the better government of the county or 21 municipality, as the case may be. A municipality may exercise the 22 powers granted in this Part not only within its corporate 23 boundaries but also within the area of its extraterritorial 24 zoning jurisdiction. A county may exercise the powers granted in 25 this Part at any place within the county outside the zoning 26 jurisdiction of any municipalities in the county. The county may 27 regulate territory within the zoning jurisdiction of any 28 municipality whose governing body, by resolution, agrees to such 29 regulation; provided, however, that any such municipal governing 30 body may, upon one year's written notice, withdraw its approval 31 of the county regulations, and those regulations shall have no 32 further effect within the municipality's jurisdiction. 33 (c) The local governing body is hereby empowered to adopt such 34 regulations as it may deem necessary concerning the form, time, 35 and manner of submission of applications for permits under this 36 Part. Such regulations may provide for the issuance of permits 37 under this Part by the local governing body or by such agency as 38 may be designated by said body, as prescribed by the governing 39 body. Every final decision granting or denying a permit under 40 this Part shall be subject to review by the superior court of the 4 1 county, with the right of jury trial at the election of the party 42 seeking review. The time and manner of election of a jury trial 43 shall be governed by G.S. lA-1, Rule 38(b) of the Rules of Civil 44 Procedure. Pending the final disposition of any such appeal, no ERCOO-SG/SB-001 .08 Page 7 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 < 1 action shall be taken which would be unlawful in the absence of a 2 permit issued under this Part. 3 "§ 143-215.58. Violations and penalties. 4 (a) Any willful violation of this Part or of any ordinance 5 adopted (or of the provisions of any permit issued) under the 6 authority of this Part shall constitute a Class 1 misdemeanor. 7 (al) A local government may use all of the remedies available 8 for the enforcement of zoning ordinances under Chapter 160A and 9 Chapter 153 of the General Statutes to enforce an ordinance 10 adopted pursuant to this Part. 11 (b) Failure to remove any artificial obstruction or enlargement 12 or replacement thereof, that violates this Part or any ordinance 13 adopted (or the provision of any permit issued) under the 14 authority of this Part, shall constitute a separate violation of 15 this Part for each 4-0 — days day that such failure continues after 16 written notice from the county or municipal governing body. 17 (c) In addition to or in lieu of other remedies, the county or 18 municipal governing body may institute any appropriate action or 19 proceeding to restrain or prevent any violation of this Part or 20 of any ordinance adopted (or of the provisions of any permit 21 issued) under the authority of this Part, or to require any 22 person, firm or corporation which has committed any such 23 violation to remove a violating obstruction or restore the 24 conditions existing before the placement of the obstruction. "§ 25 143-215.59. Other approvals required. 26 (a) The granting of a permit under the provisions of this Part 27 shall in no way affect any other type of approval required by any 28 other statute or ordinance of the State or any political 29 subdivision of the State, or of the United States, but shall be 30 construed as an added requirement. 31 (b) No permit for the construction of any structure to be 32 located within a f loodway flood hazard area shall be granted by a 33 political subdivision unless the applicant has first obtained the 34 permit required by this Part. 35 "§ 143-215.60. Liability for damages. 36 No action for damages sustained because of injury or property 37 damage caused by *» a structure or obstruction for which a permit 38 has been granted under this Part shall be brought against the 39 State or any political subdivision of the State, or their 40 employees or agents. 4 1 "§ 143-215.61. Floodplain management. The provisions of this Part shall not preclude the imposi+ ion 42 43 by responsible local governments of land use controls and other Page 8 ERCOO-SG/SBZ-001 .08 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 regulations in the interest of floodplain management for the 2 floodplain or the floodway." 3 Section 2. Part 6 of Article 21 of Chapter 143 is 4 amended by adding a new section to read: 5 "§ 143-215.62. Failure to implement; approval of variances. 6 (a) A local government that has not adopted and implemented an 7 ordinance consistent with the requirements of this Part shall not 8 be eligible for State disaster assistance until the local 9 government adopts and implements an ordinance consistent with the 10 requirements of this Part. 11 (b) Issuance by a local government of a variance from the 12 minimum elevation requirement of a local ordinance that is 13 consistent with the requirements of this Part shall make the 14 structure's owner ineligible for State disaster assistance for 15 loss or damage from flooding to the structure permitted pursuant 16 to the variance. 17 (c) The responsible local government shall give notice of the 18 provisions of subsection (b) of this section to any petitioner 19 for a variance from the minimum elevation requirements of a local 20 ordinance that is consistent with the requirements of this Part 21 prior to issuing a permit pursuant to the variance and shall 22 obtain the petitioner's signature on a form that waives the 2 3 petitioner's claim to any State disaster assistance for loss or 24 damage from flooding to the structure permitted pursuant to the 2 5 variance. 26 (d) A local government must demonstrate that it has adopted and 2 7 implemented an ordinance consistent with the requirements of this 28 Part in order to be eligible for State grants and loans for 29 infrastructure improvements, including the development or 30 expansion of a wastewater treatment system, drinking water 31 treatment system, or associated collection or distribution 32 system. " 33 Section 3. A structure or use existing in the 100-year 34 floodplain prior to July 1, 2000 or for which a building permit 35 was issued prior to July 1, 2000 is not in violation of G.S. 36 143-215.54. On or after July 1, 2000, development in the base 37 floodplain must at a minimum be consistent with the standards set 38 out in G.S. 143-215.4. 39 Section 4. Notwithstanding G.S. 150B-2 1 . 1 ( a ) ( 2 ) , the 40 Department of Crime Control and Public Safety is authorized to 41 adopt temporary rules to implement this Act. 42 Section 5. factions 1, 3, 4 and 5 are effective when 43 this Act becomes law. Section 2 is effective January 1, 2001. ERCOO-SG/SB-001.08 Page 9 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 S/H ERCOO-LC/SGZ-013.01 (4.25) 12-MAY-OO EZT / 15:34:23 ATTENTION; This is a draft and is not ready for introduction. Short Title: Nonhazardous Dry-Cleaning Tech. Incentive. (Public; Sponsors : Referred to; 1 A BILL TO BE ENTITLED 2 AN ACT TO PROVIDE A NEW TAX CREDIT AS AN INCENTIVE FOR INVESTING 3 IN DRY-CLEANING AND WET-CLEANING EQUIPMENT THAT DOES NOT USE 4 HAZARDOUS SUBSTANCES AS SOLVENTS, AS RECOMMENDED BY THE 5 ENVIRONMENTAL REVIEW COMMISSION. 6 The General Assembly of North Carolina enacts: 7 Section 1. Article 3B of Chapter 105 of the General 8 Statutes is amended by adding a new section to read: 9 "§ 105-129. 16C. Credit for investing in dry-cleaning or wet- 10 cleaning equipment that does not use hazardous substances as 1 1 solvents . 12 (a) Credit. -- If a taxpayer that has purchased or leased 13 qualified dry-cleaning or wet-cleaning equipment places it in 14 service in this State for commercial purposes during the taxable 15 year, the taxpayer is allowed a credit equal to thirty-five 16 percent (35%) of the cost of the equipment. No credit is allowed 17 under this section to the extent the cost of the equipment was 18 paid with public funds. A taxpayer that claims any other credit 19 allowed under this Chapter with respect to qualified dry-cleaning 2 0 or wet-cleaning equipment may not take the credit allowed in this 2 1 section with respect to the same equipment. GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 (b) Definitions. — The following definitions apply in this 2 section; 3 ( 1 ) Hazardous solvent. -- A solvent any portion of 4 which consists of a chlorine-based solvent, a 5 hydrocarbon-based solvent, a hazardous substance as 6 defined in the Comprehensive Environmnetal 7 Response, Compensation, and Liability Act of 1980, 8 Pub. L. 96-510, 94 Stat. 2767, 42 U.S.C. 9601 et. 9 seq., as amended, and the Superfund Amendments and 10 Reauthorization Act of 1986, Pub. L. 99-499, 100 11 Stat. 1613, as amended, or any subst-auce de^iermiued 12 by the Administrator of the Environmental 13 Protection Agency or the Director of the National 14 Institute of Occupational Safety and Health to 15 possess either carcinogenic potential to humans or 16 bioaccumulative properties. 17 ( 2 ) Qualified dry-cleaning or wet-cleaning equipment. 18 -- Equipment that is designed primarily to dry- 19 clean or wet-clean clothing and other fabric and 20 that does not use any hazardous solvent as the 21 process solvent." 22 Section 2. This act is effective for taxable years 23 beginning on or after January 1, 2001 Pfl"f" ^ ERCOO-LC/SGZ-013.01 (4.25 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 S/H D BILL DRAFT ERCOO-RTZ-02 1 . 04 (5.9) 15-MAY-OO EZT / 17:17:14 ATTENTION; This is a draft and is not ready for introduction. Short Title: Petroleum Discharge Amends-l. (Public; Sponsors : Referred to; 1 A BILL TO BE ENTITLED 2 AN ACT TO PROVIDE THAT CERTAIN REQUIREMENTS RELATED TO LAND-USE 3 RESTRICTIONS THAT APPLY GENERALLY TO RISK-BASED ENVIRONMENTAL 4 CLEANUPS DO NOT APPLY TO CLEANUPS OF PETROLEUM FROM LEAKING 5 UNDERGROUND STORAGE TANKS AND TO DIRECT THE ENVIRONMENTAL 6 REVIEW COMMISSION TO CONTINUE TO STUDY OF THE APPLICATION OF 7 LAND-USE RESTRICTIONS TO THE CLEANUP OF ENVIRONMENTAL DAMAGE 8 FROM THESE TANKS THROUGH A STAKEHOLDER NEGOTIATION PROCESS, AS 9 RECOMMENDED BY THE ENVIRONMENTAL REVIEW COMMISSION. 10 The General Assembly of North Carolina enacts: 11 Section 1. G.S. 143B-279.9 reads as rewritten: 12 "§ 14 3B-27 9.9. Land-use restrictions may be imposed to reduce 13 danger to public health at contaminated sites. 14 ( a ) In order to reduce or eliminate the danger to public 15 health or the environment posed by the presence of contamination 16 at a site, an owner, operator, or other responsible party may 17 impose restrictions on the current or future use of the real 18 property comprising any part of the site where the contamination 19 is located if the restrictions meet the requirements of this GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 section. The restrictions must be agreed to by the owner of the 2 real property, included in a remedial action plan for the site 3 that has been approved by the Secretary, and implemented as a 4 part of the remedial action program for the site. The Secretary 5 may approve restrictions included in a remedial action plan in 6 accordance with standards that the Secretary determines to be 7 applicable to the site. i4- Except as provided in subsection (b) 8 of this section, if the remedial action is risk-based or will not 9 require that the site meet current standards, as defined in G.S. 10 130A-310.31, the remedial action plan must include an agreement 11 by the owner, operator, or other responsible party to record 12 approved land-use restrictions that meet the requirements of this 13 section as provided in G.S. 143B-279.10. Restrictions may apply 14 to activities on, over, or under the land, including, but not 15 limited to, use of groundwater, building, filling, grading, 16 excavating, and mining. Any approved restriction shall be 17 enforced by any owner, operator, or other party responsible for 18 the contaminated site. Any land-use restriction may also be 19 enforced by the Department through the remedies provided by any 20 provision of law that is implemented or enforced by the 21 Department or by means of a civil action. The Department may 22 enforce any land-use restriction without first having exhausted 23 any available administrative remedies. A land-use restriction 24 may also be enforced by any unit of local government having 25 jurisdiction over any part of the site. A land-use restriction 26 shall not be declared unenforceable due to lack of privity of 27 estate or contract, due to lack of benefit to particular land, or 28 due to lack of any property interest in particular land. Any 29 person who owns or leases a property subject to a land-use 30 restriction under this Part shall abide by the land-use 31 restriction. 32 (b) Subsection (a) of this section shall not apply to a 3 3 risk-based remedial action plan for the cleanup of environmental 34 damage resulting from a discharge or release of petroleum from an 3 5 underground storage tank pursuant to Part 2A of Article 21A of 36 Chapter 143 of the General Statutes. 37 Section 2. G.S. 143B-279 . 10 ( f ) reads as rewritten: 38 "(f) A Notice of Contaminated Site filed pursuant to this 39 section may, shall , at the request of the owner of the land, be 40 cancelled by the Secretary after the contamination has been Page 2 ERCGO-RTZ-02 1 . 04 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 oliminatod. eliminated or remediated to current standards, as 2 defined in G.S. 130A-310.31. If requested in writing by the 3 owner of the land and if the Secretary concurs with the request, 4 the Secretary shall send to the register of deeds of each county 5 where the Notice is recorded a statement that the contamination 6 has been oliminatod eliminated, or that the contamination has 7 been remediated to current standards, and request that the Notice 8 be cancelled of record. The Secretary's statement shall contain 9 the names of the owners of the land as shown in the Notice and 10 reference the plat book and page where the Notice is recorded. 11 The register of deeds shall record the Secretary's statement in 12 the deed books and index it on the grantor index in the names of 13 the owners of the land as shown in the Notice and on the grantee 14 index in the name "Secretary of Environment and Natural 15 Resources". The register of deeds shall make a marginal entry on 16 the Notice showing the date of cancellation and the book and page 17 where the Secretary's statement is recorded, and the register of 18 deeds shall sign the entry. If a marginal entry is impracticable 19 because of the method used to record maps and plats, the register 20 of deeds shall not be required to make a marginal entry." 21 Section 3. The Environmental Review Commission shall 22 continue to study the application of land-use restrictions to the 23 cleanup of environmental damage resulting from discharges and 24 releases of petroleum from underground storage tanks through a 25 stakeholder negotiation process. As a part of this study, the 26 Commission shall consider issues related to notice to current and 27 future users of real property of any restrictions on the current 28 and future use of the property, mechanisms to ensure compliance 29 with those restrictions, notice to current and future users of 30 real property of the existence of contamination in excess of 31 current standards, and issues related to recordation in the 32 register of deeds office of this information. The Commission 33 shall report its findings and recommendations, including any 34 legislative proposals, to the 2001 General Assembly. 35 Section 4. Sections 1 and 2 of this act are effective 36 retroactively to 1 October 1999. Sections 3 and 4 of this act 37 are effective when this act becomes law. Section 1 of this act 38 expires 1 September 2001. ERCOO-RTZ-021.04 Page 3 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 S/H D BILL DRAFT ERCOO-RTZ-024 , 03 (5.9) 15-MAY-OO EZT / 16:21:03 ATTENTION: This is a draft and is not ready for introduction. Short Title: Petroleum Discharges/De Minimis Reports. (Public) Sponsors : Referred to: 1 A BILL TO BE ENTITLED 2 AN ACT TO EXTEND THE DE MINIMIS REPORTING EXCEPTION TO ALL 3 DISCHARGES OF PETROLEUM, AS RECOMMENDED BY THE ENVIRONMENTAL 4 REVIEW COMMISSION. 5 The General Assembly of North Carolina enacts: 6 Section 1. G.S. 143-215.85 reads as rewritten: 7 "§ 143-215.85. Required notice. 8 (a) Every Except as provided in G.S. 143-2 15 . 94E( al ) and 9 subsection (b) of this section, every person owning or having 10 control over oil or other substances discharged in any 11 circumstances other than pursuant to a rule adopted by the 12 Commission, a regulation of the U. S. Environmental Protection 13 Agency, or a permit required by G.S. 143-215.1 or the Federal 14 Water Pollution Control Act, upon notice that such discharge has 15 occurred, shall immediately notify the Department, or any of its 16 agents or employees, of the nature, location and time of the 17 discharge and of the measures whic.i are being taken or are 18 proposed to be taken to contain and remove the discharge. The 19 agent or employee of the Department receiving the notification GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 shall immediately notify the Secretary or such member or members 2 of the permanent staff of the Department as the Secretary may 3 designate. If the discharged substance of which the Department 4 is notified is a pesticide regulated by the North Carolina 5 Pesticide Board, the Department shall immediately inform the 6 Chairman of the Pesticide Board. Removal operations under this 7 Article of substances identified as pesticides defined in G.S. 8 143-460 shall be coordinated in accordance with the Pesticide 9 Emergency Plan adopted by the North Carolina Pesticide Board; 10 provided that, in instances where entry of such hazardous 11 substances into waters of the State is imminent, the Department 12 may take such actions as are necessary to physically contain or 13 divert such substance so as to prevent entry into the surface 14 waters. 15 (b) As used in this subsection, 'petroleum' has the same 16 meaning as in G.S. 143-215. 94A. A person who owns or has control 17 over petroleum that is discharged to the environment shall 18 immediately take measures to collect and remove the discharge, 19 report the discharge to the Department within 24 hours of the 20 discharge, and begin to restore the area affected by the 21 discharge in accordance with the requirements of this Article if 22 the volume of the petroleum that is discharged is 25 gallons or 2 3 more or if the petroleum causes a sheen on nearby surface water 24 or if the petroleum is discharged at a distance of 100 feet or 2 5 less from any surface water body. If the volume of petroleum 26 that is discharged is less than 25 gallons, the petroleum does 2 7 not cause a sheen on nearby surface water, and the petroleum is 28 discharged at a distance of more than 100 feet from all surface 2 9 water bodies, the person who owns or has control over the 30 petroleum shall immediately take measures to collect and remove 31 the discharge. If a discharge of less than 25 gallons of 3 2 petroleum cannot be cleaned up within 24 hours of the discharge 3 3 or if the discharge causes a sheen on nearby surface water, the 34 person who owns or has control over the petroleum shall 3 5 immediately notify the Department." 36 Section 2. This act is effective when it becomes law 37 and applies to any discharge of petroleum to the environment that 38 occurs on or after that date. ^^^^ '' ERCOO-RTZ-024 .03 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 S/H BILL DRAFT ERCOO-SGZ-007 . 04 (4.25) 15-MAY-OO EZT / 14:34:09 ATTENTION: This is a draft and is not ready for introduction. Short Title: Stormwater Utility Fees. (Public; Sponsors ; Referred to: 1 A BILL TO BE ENTITLED 2 AN ACT TO CLARIFY THAT STORMWATER UTILITY FEES MAY BE USED TO 3 FUND ALL COSTS OF STORMWATER MANAGEMENT PROGRAMS, AS 4 RECOMMENDED BY THE ENVIRONMENTAL REVIEW COMMISSION. 5 The General Assembly of North Carolina enacts: 6 Section 1. G.S. 153A-274 reads as rewritten: 7 "§ 153A-274. Public enterprise defined. 8 As used in this Article, 'public enterprise' includes: 9 ( 1 ) Water supply and distribution systems , systems . 10 (2) Wastewater collection, treatment, and disposal 11 systems of all types, including septic tank systems 12 or other on-site collection or disposal facilities 13 or systems , systems . 14 (3) Solid waste collection and disposal systems and 15 f acilitioc , facilities . 16 ( 4 ) Airports , Airports . 17 (5) Off-street parking facilities , facilities . 18 (6) Public transportation systems , systems . 19 (7) Structural Stormwater management programs designed 2 0 to protect water quality by controlling the level 2 1 of pollutants in, and the quantity and flow of, GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 stormwater and structural and natural stormwater 2 and drainage systems of all types." 3 Section 2. G.S. 153A-277 reads as rewritten: 4 "§ 153A-277. Authority to fix and enforce rates. 5 (a) A county may establish and revise from time to time 6 schedules of rents, rates, fees, charges, and penalties for the 7 use of or the services furnished by a public enterprise. 8 Schedules of rents, rates, fees, charges, and penalties may vary 9 for the same class of service in different areas of the county 10 and may vary according to classes of service, and different 11 schedules may be adopted for services provided outside of the 12 county. A county may include a fee relating to subsurface 13 discharge wastewater management systems and services on the 14 property tax bill for the real property where the system for 15 which the fee is imposed is located. 16 (al) ( 1 ) Before it establishes or revises a schedule of 17 rates, fees, charges, or penalties for stormwater 18 management programs and structural and natural 19 stormwater and drainage systems under this section, 20 the board of commissioners shall hold a public 21 hearing on the matter. A notice of the hearing 22 shall be given at least once in a newspaper having 23 general circulation in the area, not less than 24 seven days before the public hearing. The hearing 25 may be held concurrently with the public hearing on 26 the proposed budget ordinance. 27 ( 2 ) The fees established under this subsection must be 28 made applicable throughout the area of the county 29 outside municipalities. Schedules of rates, fees, 30 charges, and penalties for providing stormwater 31 management programs and structural and natural 32 stormwater and drainage system service may vary 33 according to whether the property served is 34 residential, commercial, or industrial property, 35 the property's use, the size of the property, the 36 area of impervious surfaces on the property, the 37 quantity and quality of the runoff from the 38 property, the characteristics of the watershed into 39 which stormwater from the property drains, and 40 other factors that affect the stormwater drainage 41 system. Rates, fees, and charges imposed under this 42 subsection may not exceed the county's cost of 43 providing a stormwater management program and a 44 structural and natural stormwater and drainage ^T^ /-< r\ r\ GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 stormwater management proqram and a structural and natural stormwater a nd draina qe system includes any costs necessary to assure that all aspects of stormwater quality and quantity are managed in accordance with federal and State laws, 1 system. The county's cost of providing 2 3 4 5 6 7 regulations, and rules. 8 ( 3 ) No stormwater utility fee may be levied under this 9 subsection whenever two or more units of local 10 government operate separate stormwater management 11 programs or separate structural and natural 12 stormwater and drainage system services in the same 13 area within a county. However, two or more units of 14 local government may allocate among themselves the 15 functions, duties, powers, and responsibilities for 16 jointly operating a single stormwater management 17 programs and structural and natural stormwater and 18 drainage system service in the same area within a 19 county, provided that only one unit may levy a fee 20 for the service within the joint service area. For 21 purposes of this subsection, a unit of local 22 government shall include a regional authority 23 providing stormwater management programs and 24 structural and natural stormwater and drainage 25 system services. 26 (b) A county may collect delinquent accounts by any remedy 27 provided by law for collecting and enforcing private debts, and 28 may specify by ordinance the order in which partial payments are 29 to be applied among the various enterprise services covered by a 30 bill for the services. A county may also discontinue service to 31 a customer whose account remains delinquent for more than 10 32 days. If a delinquent customer is not the owner of the premises 33 to which the services are delivered, the payment of the 34 delinquent account may not be required before providing services 35 at the request of a new and different tenant or occupant of the 36 premises. If water or sewer services are discontinued for 37 delinquency, it is unlawful for a person other than a duly 38 authorized agent or employee of the county to reconnect the 39 premises to the water or sewer system. 40 (c) Rents, rates, fees, charges, and penalties for 4 1 enterprisory services are in no case a lien upon the property or 42 premises served and, except as provided in subsection (d) of this 43 section, are legal obligations of the person contracting for Fprnn-^ny-nn? .04 M.251 Page 3 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 them, provided that no contract shall be necessary in the case of 2 structural and natural stormwater and drainage systems. 3 (d) Rents, rates, fees, charges, and penalties for 4 enterprisory services are legal obligations of the owner of the 5 property or premises served when: 6 ( 1 ) The property or premises is leased or rented to 7 more than one tenant and services rendered to more 8 than one tenant are measured by the same meter; or 9 (2) Charges made for use of a sewerage system are 10 billed separately from charges made for the use of 11 a water distribution system." 12 Section 3. G.S. 160A-311 reads as rewritten: 13 "§ 160A-311. Public enterprise defined. 14 As used in this Article, the term 'public enterprise' includes: 15 (1) Electric power generation, transmission, and 16 distribution eyetems ; systems . 17 (2) Water supply and distribution systems ; systems . 18 (3) Wastewater collection, treatment, and disposal 19 systems of all types, including septic tank systems 20 or other on-site collection or disposal facilities 21 or systems ; systems . 22 (4) Gas production, storage, transmission, and 23 distribution systems, where systems shall also 24 include the purchase and/or or lease of natural gas 25 fields and natural gas reserves, the purchase of 26 natural gas supplies, and the surveying, drilling 27 and any other activities related to the exploration 28 for natural gas, whether within the State or 29 without; without. 30 (5) Public transportation systems ; systems . 31 (6) Solid waste collection and disposal systems and 32 facilities ; facilities . 33 (7) Cable television systems ; systems . 34 (8) Off-street parking facilities and systems ; systems . 35 (9) Airports ; Airports . 36 (10) Structural Stormwater management programs designed 37 to protect water quality by controlling the level 38 of pollutants in, and the quantity and flow of, 39 stormwater and structural and natural stormwater 40 and drainage systems of all types." 41 Section 4. G.S. 160A-314 reads as rewritten: 4 2 "§ 160A-314. Authority to fix and enforce rates. 4 3 (a) A city may establish and revise from time to time 44 schedules of rents, rates, fees, charges, and penalties for the pprnn-^c.7 -oni .()& r4.7S^ I GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 use of or the services furnished by any public enterprise. 2 Schedules of rents, rates, fees, charges, and penalties may vary 3 according to classes of service, and different schedules may be 4 adopted for services provided outside the corporate limits of the 5 city. 6 (al) ( 1 ) Before it establishes or revises a schedule of 7 rates, fees, charges, or penalties for stormwater 8 management programs and structural and natural 9 stormwater and drainage systems under this section, 10 the city council shall hold a public hearing on the 11 matter. A notice of the hearing shall be given at 12 least once in a newspaper having general 13 circulation in the area, not less than seven days 14 before the public hearing. The hearing may be held 15 concurrently with the public hearing on the 16 proposed budget ordinance. 17 ( 2 ) The fees established under this subsection must be 18 made applicable throughout the area of the city. 19 Schedules of rates, fees, charges, and penalties 20 for providing stormwater management programs and 21 structural and natural stormwater and drainage 22 system service may vary according to whether the 23 property served is residential, commercial, or 24 industrial property, the property's use, the size 25 of the property, the area of impervious surfaces on 26 the property, the quantity and quality of the 27 runoff from the property, the characteristics of 28 the watershed into which stormwater from the 29 property drains, and other factors that affect the 30 stormwater drainage system. Rates, fees, and 31 charges imposed under this subsection may not 32 exceed the city's cost of providing a stormwater 33 management program and a structural and natural 34 stormwater and drainage system. The city's cost of 3 5 providing a stormwater management program and a 3 6 structural and natural stormwater and drainage 3 7 system includes any costs necessary to assure that 3 8 all aspects of stormwater quality and quantity are 39 managed in accordance with federal and State laws, 4 0 regulations, and rules. 41 ( 3 ) No stormwater utility fee may be levied under this 4 2 subsection whenever two or more units of local 4 3 government operate separate stormwater management 44 programs or separate structural and natural rRrnn-«;r:7-nn7 . 04 M.?5\ Paae 5 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 stormwater and drainage system services in the same 2 area within a county. However, two or more units of 3 local government may allocate among themselves the 4 functions, duties, powers, and responsibilities for 5 jointly operating a single stormwater management 6 program and structural and natural stormwater and 7 drainage system service in the same area within a 8 county, provided that only one unit may levy a fee 9 for the service within the joint service area. For 10 purposes of this subsection, a unit of local 11 government shall include a regional authority 12 providing stormwater management programs and 13 structural and natural stormwater and drainage 14 system services. 15 (a2) A fee for the use of a disposal facility provided by the 16 city may vary based on the amount, characteristics, and form of 17 recyclable materials present in solid waste brought to the 18 facility for disposal. This section does not prohibit a city from 19 providing aid to low-income persons to pay all or part of the 20 cost of solid waste management services for those persons. 21 (b) A city shall have power to collect delinquent accounts by 22 any remedy provided by law for collecting and enforcing private 23 debts, and may specify by ordinance the order in which partial 24 payments are to be applied among the various enterprise services 25 covered by a bill for the services. A city may also discontinue 26 service to any customer whose account remains delinquent for more 27 than 10 days. When service is discontinued for delinquency, it 28 shall be unlawful for any person other than a duly authorized 29 agent or employee of the city to do any act that results in a 30 resumption of services. If a delinquent customer is not the owner 31 of the premises to which the services are delivered, the payment 32 of the delinquent account may not be required before providing 33 services at the request of a new and different tenant or occupant 34 of the premises, but this restriction shall not apply when the 35 premises are occupied by two or more tenants whose services are 36 measured by the same meter. 37 (c) Except as provided in subsection (d) of this section and 38 G.S. 160A-314.1, rents, rates, fees, charges, and penalties for 39 enterprisory services shall be legal obligations of the person 40 contracting for them, and shall in no case be a lien upon the 4 1 property or premises served, provided that no contract shall be 42 necessary in the case of structural and natural stormwater and 43 drainage systems. T^^r,c^ ft ERCOO-SGZ-007.04 M.251 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 1 (d) Rents, rates, fees, charges, and penalties for 2 enterprisory services shall be legal obligations of the owner of 3 the premises served when: 4 ( 1 ) The property or premises is leased or rented to 5 more than one tenant and services rendered to more 6 than one tenant are measured by the same meter. 7 (2) Charges made for use of a sewage system are billed 8 separately from charges made for the use of a water 9 distribution system. 10 (e) Nothing in this section shall repeal any portion of any 11 city charter inconsistent herewith." 12 Section 5. This act is effective on and after July 15, 13 1989. FRrnn-qr:7-nn7 . 04 iA.75) Page 7 APPENDIX II: STUDIES REFERRED TO THE ENVIRONMENTAL REVIEW COMMISSION BY THE LEGISLATIVE RESEARCH COMMISSION Studies Referred by the Legislative Research Commission STUDIES REFERRED TO THE ENVIRONMENTAL REVIEW COMMISSION BY THE LEGISLATIVE RESEARCH COMMISSION Environmental Impacts; Sources of Pollution The Legislative Research Commission referred the study of environmental impacts and sources of pollution authorized by S.L. 1999-395, Sec. 2.1(6), to the Environmental Review Commission (ERC). The ERC has heard and discussed a number of reports on water and air pollution, as well as issues related to the cleanup and redevelopment of contaminated sites. These reports identified urban and agricultural runoff as the biggest contributors to surface water impairment, and dry cleaning solvents as a major source of soil and groundwater pollution. The reports also identified electric utilities and automobiles as the primary sources of nitrogen oxides (NOx) in the air. NOx combines with sunlight to form ground-level ozone, and the ERC was informed that failing to meet national air quality standards for ground-level ozone could jeopardize federal transportation funding for local highway projects. The ERC has voted to recommend several measures addressing these issues to the 2000 Regular Session of the 1999 General Assembly. These include amendments to the Dry Cleaning Solvent Cleanup Act and a tax incentive for dry cleaners that do not use hazardous solvents, as well as tax incentives for the risk-based cleanup and redevelopment of contaminated "brownfield" sites. The ERC is also considering recommendations to modify the fee and technology required for automobile emissions inspections. Wastewater System Construction Permits and Related Issues The Legislative Research Commission referred the study of wastewater system construction permits and related issues that was authorized by SL 1999-395, Section 2.1, Subsection 6, to the Environmental Review Commission (ERC). The ERC heard reports from the Environmental Management Commission (EMC) and the Division of Water Quality in the Department of Environment and Natural Resources on the holistic wastewater collection system permit program required by the Clean Water Act of 1999 (SL 1999-329) and the results of a study on the benefits and feasibility of requiring privately-owned wastewater treatment systems to connect to publicly-owned systems. This study was also required by SL 1999-329. The ERC was informed that on February 1 0, 2000, the EMC enacted temporary rules to permit collection systems on a holistic basis, rather than permitting individual sewer extensions as it had formerly. The new collection system permits will require compliance with planning, operation and maintenance standards, which are intended to reduce releases of untreated sewage. The ERC was also informed that there was strong support for requiring that non-compliant wastewater treatment systems cormect to regional systems, but that targeting privately-owned systems was not necessarily the most advisable approach, because many small municipalities and schools have more compliance problems than privately-owned systems. Studies Referred by the Legislative Research Commission Acquisition of Additional Parklands at Lake James State Park The Legislative Research Commission referred to the Environmental Review Commission (ERC) the study of the acquisition of additional parklands at Lake James State Park as stated in S.L. 1999-395, Sec. 2.1(l)(f). The ERC considered this matter at its January 20, 2000 meeting. Dr. Philip K. McKnelly, Director of the Division of Parks and Recreation, Department of Environment and Natural Resources, provided the ERC with background information on this matter. Lake James State Park, which is located in Burke and McDowell Counties, is a very popular park, and the facilities are inadequate to accommodate the level of visitation according to Dr. McKnelly. The Department of Environment and Natural Resources and Duke Energy, the owner of the property surrounding the park, have been discussing a transfer of some of the acreage adjacent to the park. The ERC may continue to consider this matter.