GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2003
SESSION LAW 2003-340
SENATE BILL 824
AN ACT to amend various laws related to the environment, Environmental Health, and NAtural Resources to: (1) make clarifying, conforming, and technical amendments; (2) amend the reporting requirement set out in S.L. 2001-442; (3) clarify what constitutes a base of operations for mobile food units and pushcarts; (4) increase the membership of the environmental review commission by two; (5) extend by one year the time that temporary rules to protect water quality and riparian buffers in certain river basins will remain in effect; (6) extend by two years the PILOT PROGRAM FOR INSPECTION OF ANIMAL WASTE MANAGEMENT SYSTEMS initially established by section 15.4 of s.l. 1997-443; and (7) establish an exception to the moratorium initially established by section 1.2 of s.l. 1997-458 for facilities that were approved for funding under the Agriculture Cost Share Program for Nonpoint Source Pollution Control at the time the moratorium was established.
The General Assembly of North Carolina enacts:
SECTION 1.1. G.S. 113-44.8(a) reads as rewritten:
"(a)
The State of North Carolina offers unique archaeologic, geologic, biological,
scenic, and recreational resources. These resources are part of the heritage of
the people of this State. The heritage of a people should be preserved and
managed by those the people for their use and for the use of
their visitors and descendants."
SECTION 1.2. G.S. 113-173(e) reads as rewritten:
"(e) Replacement RCGL. -
The provisions of G.S G.S. 113-168.1(h) apply to this
section."
SECTION 1.3. Article 13A of Chapter 113 of the General Statutes (G.S. 113-145.1 through G.S. 113-145.8) is recodified as Article 18 of Chapter 113A of the General Statutes (G.S. 113A-251 through G.S. 113A-259). The Revisor of Statutes is authorized to correct any reference in the General Statutes to the statutes that are recodified by this section.
SECTION 1.4. G.S. 113A-232(a) reads as rewritten:
"(a) Fund Created. - The
Conservation Grant Fund is created within the Department of Environment and
Natural Resources. The Fund shall be administered by that the Department.
The purpose of the Fund is to stimulate the use of conservation easements and
conservation tax credits, to improve the capacity of private nonprofit land
trust organizations to successfully accomplish conservation projects, to
better equip real estate related professionals to pursue opportunities for
conservation, to increase landowner participation in land and water
conservation, and to provide an opportunity to leverage private and other
public monies for conservation easements."
SECTION 1.5. G.S. 130A-248(a4) reads as rewritten:
"(a4) For the protection of the public
health, the Commission shall adopt rules governing the sanitation of limited
food service establishments. In adopting the rules, the Commission shall not
limit the number of days that limited food service establishments may operate.
Limited food service establishment permits shall be issued only to political
subdivisions of the State, establishments operated by volunteers that prepare
or serve food in conjunction with amateur athletic events, or for
establishments operated by other charitable organizations. On and after January
1, 1996, limited food service establishment permits shall be issued only to
political subdivisions of the State, establishments operated by volunteers that
prepare or serve food in conjunction with amateur athletic events, or for
establishments operated by organizations that have applied for exemption or are
exempt from federal income tax under section 501(c)(3) or section 501(c)(4) of
the Internal Revenue Code. On and after January 1, 1997, limited food service
establishment permits shall be issued only to political subdivisions of the
State, establishments operated by volunteers that prepare or serve food in
conjunction with amateur athletic events, or for establishments operated by
organizations that are exempt from federal income tax under section 501(c)(3)
or section 501(c)(4) of the Internal Revenue Code."
SECTION 1.6. G.S. 130A-309.14(a1)(3) reads as rewritten:
"(3) The Department of Administration and the Department of Transportation shall each provide by 1 October of each year to the Department of Environment and Natural Resources a detailed description of the respective Agency's review and revision of bid procedures and purchase and use of reusable, refillable, repairable, more durable, and less toxic supplies and products. The information provided by the Department of Administration and the Department of Transportation to the Department of Environment and Natural Resources shall also be included in the report required by G.S. 130A-309.06(c)."
SECTION 1.7. G.S. 143-215.107B reads as rewritten:
"§ 143-215.107B.
Statewide goals for reduction in emissions of nitrogen oxides; oxides
of nitrogen; report.
It shall be the goal of the State to reduce emissions of nitrogen
oxides of nitrogen (NOx) from all sources by at least twenty-five
percent (25%) by 1 July 2009. It shall be the goal of the State to reduce the
growth of vehicle miles traveled in the State by at least twenty-five percent
(25%) of that growth that would otherwise occur by 1 July 2009. The Department
of Environment and Natural Resources and the Department of Transportation shall
evaluate progress toward achieving these goals in each fiscal year and shall
report their findings and recommendations as to any measures that may be needed
to achieve these goals to the Environmental Review Commission on or before 1
October of each year beginning 1 October 2000.year."
SECTION 1.8.(a) If Senate Bill 945, 2003 Regular Session, does not become law, then G.S. 143-215.108(a) reads as rewritten:
"(a) Except as provided in
subsections (a1) and (a2) of this section, no person shall do any of the
following things or carry out any of the following activities which that
contravene or will be likely to contravene standards established pursuant
to G.S. 143-215.107 or set out in G.S. 143-215.107D unless that person has
obtained from the Commission a permit therefor for the
activity from the Commission and has complied with any conditions of this
the permit:
(1) Establish or operate
any air contaminant source;source.
(2) Build, erect, use use,
or operate any equipment which that may result in the
emission of an air contaminantscontaminant or which that
is likely to cause air pollution;pollution.
(3) Alter or change the
construction or method of operation of any equipment or process from which air
contaminants are or may be emitted;emitted.
(4) Enter into an
irrevocable contract for the construction and installation of any air-cleaning
device, or allow or cause such any air-cleaning device to be
constructed, installed, or operated."
SECTION 1.8.(b) If Senate Bill 945, 2003 Regular Session, becomes law, then G.S. 143-215.108(a), as amended by Section 1 of Senate Bill 945, 2003 Regular Session, reads as rewritten:
"(a) Except as provided in
subsections (a1) and (a2) of this section, no person shall do any of the
following things or carry out any of the following activities that contravene
or will be likely to contravene standards established pursuant to G.S. 143-215.107
or set out in G.S. 143-215.107D unless that person has obtained a permit therefor
for the activity from the Commission and has complied with any
conditions of the permit:
(1) Establish or operate any air contaminant source, except as provided in G.S. 143-215.108A.
(2) Build, erect, use use,
or operate any equipment that may result in the emission of an air
contaminant or that is likely to cause air pollution, except as provided in
G.S. 143-215.108A.
(3) Alter or change the construction or method of operation of any equipment or process from which air contaminants are or may be emitted."
SECTION 1.9. G.S. 143-726(d)(4) reads as rewritten:
"(4) The Secretary of the
Department of Environment and Natural Resources."
SECTION 1.10. G.S. 143B-428 reads as rewritten:
"§ 143B-428. Department of Commerce - declaration of policy.
It is hereby declared to be the policy of the State of North
Carolina to actively encourage the expansion of existing environmentally sound
North Carolina industry; to actively encourage the recruitment of
environmentally sound national and international industry into North Carolina
through industrial recruitment efforts and through effective advertising, with
an emphasis on high-wage-paying industry; to promote the development of North
Carolina's labor force to meet the State's growing industrial needs; to promote
the growth and development of our travel and tourist industries; to promote the
development of our State ports; to promote the management of North
Carolina's energy resources and the development of a State energy policy; and
to assure throughout State government, the coordination of North Carolina's
economic development efforts."
SECTION 2. Section 7 of S.L. 2001-442 reads as rewritten:
"SECTION 7. Beginning 1 March 2002, September
2003, the Department Secretary of Environment and Natural
Resources shall submit a semiannual an annual report to the
Environmental Review Commission on the implementation of Sections 1 through 6
of this act as a part of the report required by G.S. 143-215.94M."
SECTION 3. G.S. 130A-248(c1) reads as rewritten:
"(c1) The Commission shall adopt rules
governing the sanitation of pushcarts and mobile food units. A permitted
restaurant or commissary shall serve as a base of operations for a pushcart
or mobile food unit shall be operated in conjunction with a permitted
restaurant.unit."
SECTION 4. G.S. 120-70.42 reads as rewritten:
"§ 120-70.42. Membership; cochairs; vacancies; quorum.
(a) 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 or a Cochair of the Senate Committee on Agriculture,
Environment, and Natural Resources or the equivalent committee, and the
Chair or a Cochair of the House of Representatives Committee on
Environment and Natural Resources or the equivalent committee.committee,
the Chair or a Cochair of the Senate Committee on Appropriations -
Natural and Economic Resources or the equivalent committee, and the Chair or a
Cochair of the House of Representatives Committee on Appropriations - Natural
and Economic Resources or the equivalent committee.
(b) 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.
(c) Except as otherwise provided in this subsection, a member of the Commission shall continue to serve for so long as the member remains a member of the General Assembly and no successor has been appointed. A member of the Commission who does not seek reelection or is not reelected to the General Assembly may complete a term of service on the Commission until the day on which a new General Assembly convenes. A member of the Commission who resigns or is removed from service in the General Assembly shall be deemed to have resigned or been removed from service on the Commission. Any vacancy that occurs on the Environmental Review Commission shall be filled in the same manner as the original appointment.
(d) A quorum of the
Environmental Review Commission shall consist of eight nine members."
SECTION 5. Subsection (a) of Section 4 of S.L. 2001-418 reads as rewritten:
"SECTION 4.(a) Notwithstanding G.S. 150B-21.1(d),
temporary rules 15A NCAC 2B.0243 and 15A NCAC 2B.0244, which were adopted
pursuant to Section 7.1 of S.L. 1999-329 and which became effective on or before
1 July 2001, shall continue in effect until 1 September 2003 2004 in
order to provide sufficient time for the Environmental Management Commission to
further consult with businesses and industries, local governments, landowners,
and other interested or potentially affected persons in the upper and lower
Catawba River Basin as to the appropriate scope of permanent rules to protect
water quality and riparian buffers in that river basin. In developing permanent
rules, the Commission shall consider whether riparian buffers on the main stem
of the Catawba River and on lake shorelines are adequate to protect water
quality in the river and whether riparian buffer protection requirements should
or should not be extended to some or all of the tributary streams in the river
basin, taking into account the sources of water quality degradation in the
river, the topography of the land in the river basin, and other relevant
factors."
SECTION 6.1. Section 15.4(a) of S.L. 1997-443, as amended by Section 3.1 of S.L. 1999-329, Section 5 of S.L. 2001-254, and Section 1.1 of S.L. 2002-176, reads as rewritten:
"(a) The Department of
Environment and Natural Resources shall develop and implement a pilot program
to begin no later than 1 November 1997, and to terminate 1 September 2003, 2005,
regarding the annual inspections of animal operations that are subject to a
permit under Article 21 of Chapter 143 of the General Statutes. The Department
shall select two counties located in a part of the State that has a high
concentration of swine farms to participate in this pilot program. In addition,
Brunswick County shall be added to the program. Notwithstanding G.S. 143-215.10F,
the Division of Soil and Water Conservation of the Department of Environment
and Natural Resources shall conduct inspections of all animal operations that
are subject to a permit under Article 21 of Chapter 143 of the General Statutes
in these three counties at least once a year to determine whether any animal
waste management system is causing a violation of water quality standards and
whether the system is in compliance with its animal waste management plan or
any other condition of the permit. The personnel of the Division of Soil and
Water Conservation who are to conduct these inspections in each of these three
counties shall be located in an office in the county in which that person will
be conducting inspections. As part of this pilot program, the Department of
Environment and Natural Resources shall establish procedures whereby resources
within the local Soil and Water Conservation Districts serving the three
counties are used for the quick response to complaints and reported problems
previously referred only to the Division of Water Quality of the Department of
Environment and Natural Resources."
SECTION 6.2. Section 3.3 of S.L. 1999-329, as amended by Section 6 of S.L. 2001-254 and Section 1.2 of S.L. 2002-176, reads as rewritten:
"Section 3.3. The Department of Environment and Natural
Resources, in consultation with both the Division of Water Quality and the
Division of Soil and Water Conservation, shall submit semiannual interim
reports no later than 15 October 1999, 15 April 2000,and 15
October 2000, 15 April 2001, 15 October 2001, 15 April 2002, and 15 April
2003of each year beginning 15 October 1999 and shall submit a final
report no later than 1 15 October 20032005 to the
Environmental Review Commission and to the Fiscal Research Division. These
reports shall indicate whether the pilot program has increased the
effectiveness of the annual inspections program or the response to complaints
and reported problems, specifically whether the pilot program had resulted in
identifying violations earlier, taking corrective actions earlier, increasing
compliance with the animal waste management plans and permit conditions,
improving the time to respond to discharges, complaints, and reported problems,
improving communications between farmers and Department employees, and any
other consequences deemed pertinent by the Department. These reports shall also
compare the costs of conducting operations reviews and inspections under the
pilot program with the costs of conducting operations reviews and inspections
pursuant to G.S. 143-215.10D and G.S. 143-215.10F. 143-215.10F and
the resources that would be required to expand the pilot program to all
counties. The final report shall include a recommendation as to whether to
continue or expand the pilot program under this act. The Environmental Review
Commission may recommend to the 2003 General Assembly whether to
continue or expand the pilot program under this act and may make any related
legislative proposals."
SECTION 7. The moratorium established by Section 1.2 of S.L. 1997-458; as amended by Section 3 of S.L. 1998-188, Section 2.2 of S.L. 1999-329, Section 2 of S.L. 2001-254, and Section 2 of S.L. 2003-266; on new swine farms and lagoons and on the expansion of existing swine farms and lagoons shall not apply to any swine farm or lagoon that would otherwise be prohibited by the moratorium if, on or before 27 August 1997, the Soil and Water Conservation Commission allocated funds under the Agriculture Cost Share Program for Nonpoint Source Pollution Control established pursuant to G.S. 143-215.74 for the construction or expansion of the otherwise prohibited swine farm or lagoon. The Environmental Management Commission may issue a permit for an animal waste management system, as defined by G.S. 143-215.10B, or for a new swine farm or lagoon or the expansion of an existing swine farm or lagoon, as defined in G.S. 106-802, that is authorized by this section.
SECTION 8. If any section or provision of this act is declared unconstitutional or invalid by the courts, the unconstitutional or invalid section or provision does not affect the validity of this act as a whole or any part of this act other than the part declared to be unconstitutional or invalid.
SECTION 9. Section 5 of this act is effective retroactively to 30 June 2003. All other sections of this act are effective when this act becomes law.
In the General Assembly read three times and ratified this the 10th day of July, 2003.
s/ Beverly E. Perdue
President of the Senate
s/ Richard T. Morgan
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 1:32 p.m. this 27th day of July, 2003