GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

S 1

SENATE BILL 539

 

 

Short Title: Environmental Regulatory Reform Act of 2017.

(Public)

Sponsors:

Senators Cook, Sanderson, and Brock (Primary Sponsors).

Referred to:

Rules and Operations of the Senate

April 3, 2017

A BILL TO BE ENTITLED

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

The General Assembly of North Carolina enacts:

 

condemnation conforming changes and public use restriction

SECTION 1.1.(a) G.S. 40A‑3(a) reads as rewritten:

"(a) Private Condemnors. For the public use or benefit, use, the persons or organizations listed below shall have the power of eminent domain and may acquire by purchase or condemnation property for the stated purposes and other works which are authorized by law.law:

(1) Corporations, bodies politic or persons have the power of eminent domain for the construction of railroads, power generating facilities, substations, switching stations, microwave towers, roads, alleys, access railroads, turnpikes, street railroads, plank roads, tramroads, canals, telegraphs, telephones,communication facilities, electric power lines, electric lights, public water supplies, public sewerage systems, flumes, bridges, facilities related to the distribution of natural gas, and pipelines or mains originating in North Carolina for the transportation of petroleum products, coal, natural gas, limestone or minerals. Land condemned for any liquid pipelines shall:shall meet both of the following requirements:

a. Not be less than 50 feet nor more than 100 feet in width; andwidth.

b. Comply with the provisions of G.S. 62‑190(b).

The width of land condemned for any natural gas pipelines shall not be more than 100 feet.

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SECTION 1.1.(b) G.S. 40A‑3(b) reads as rewritten:

"(b) Local Public Condemnors Standard Provision. For the public use or benefit, use, the governing body of each municipality or county shall possess the power of eminent domain and may acquire by purchase, gift or condemnation any property, either inside or outside its boundaries, for the following purposes.purposes:

."

SECTION 1.1.(c) G.S. 40A‑3(b1) reads as rewritten:

"(b1) Local Public Condemnors Modified Provision for Certain Localities. For the public use or benefit, use, the governing body of each municipality or county shall possess the power of eminent domain and may acquire by purchase, gift or condemnation any property or interest therein, either inside or outside its boundaries, for the following purposes.purposes:

."

SECTION 1.1.(d) G.S. 40A‑3(c) reads as rewritten:

"(c) Other Public Condemnors. For the public use or benefit, use, the following political entities shall possess the power of eminent domain and may acquire property by purchase, gift, or condemnation for the stated purposes.purposes:

."

SECTION 1.1.(e) G.S. 40A‑3 is amended by adding a new subsection to read:

"(d) Connection of Customers. For the public use, private condemnors, local public condemnors, and other public condemnors in subsections (a), (b), (b1), and (c) of this section shall possess the power of eminent domain and may acquire by purchase, gift, or condemnation any property for the connection of any customer or customers."

SECTION 1.1.(f) This section is effective when it becomes law and applies to takings occurring on or after that date.

 

repeal plastic bag ban

SECTION 2.1.(a) Part 2G of Article 9 of Chapter 130A of the General Statutes is repealed.

SECTION 2.1.(b) G.S. 130A‑22 reads as rewritten:

"(a) The Secretary of Environmental Quality may impose an administrative penalty on a person who violates Article 9 of this Chapter, rules adopted by the Commission pursuant to Article 9, or any term or condition of a permit or order issued under Article 9. Each day of a continuing violation shall constitute a separate violation. The penalty shall not exceed fifteen thousand dollars ($15,000) per day in the case of a violation involving nonhazardous waste. The penalty shall not exceed thirty‑two thousand five hundred dollars ($32,500) per day in the case of a first violation involving hazardous waste as defined in G.S. 130A‑290 or involving the disposal of medical waste as defined in G.S. 130A‑290 in or upon water in a manner that results in medical waste entering waters or lands of the State; and shall not exceed fifty thousand dollars ($50,000) per day for a second or further violation involving the disposal of medical waste as defined in G.S. 130A‑290 in or upon water in a manner that results in medical waste entering waters or lands of the State. The penalty shall not exceed thirty‑two thousand five hundred dollars ($32,500) per day for a violation involving a voluntary remedial action implemented pursuant to G.S. 130A‑310.9(c) or a violation of the rules adopted pursuant to G.S. 130A‑310.12(b). The penalty shall not exceed one hundred dollars ($100.00) for a first violation; two hundred dollars ($200.00) for a second violation within any 12‑month period; and five hundred dollars ($500.00) for each additional violation within any 12‑month period for any violation of Part 2G of Article 9 of this Chapter. For violations of Part 7 of Article 9 of this Chapter and G.S. 130A‑309.10(m): (i) a warning shall be issued for a first violation; (ii) the penalty shall not exceed two hundred dollars ($200.00) for a second violation; and (iii) the penalty shall not exceed five hundred dollars ($500.00) for subsequent violations. If a person fails to pay a civil penalty within 60 days after the final agency decision or court order has been served on the violator, the Secretary of Environmental Quality shall request the Attorney General to institute a civil action in the superior court of any county in which the violator resides or has his or its principal place of business to recover the amount of the assessment. Such civil actions must be filed within three years of the date the final agency decision or court order was served on the violator.

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SECTION 2.1.(c) Section 13.10(c) of S.L. 2010‑31 is repealed.

SECTION 2.1.(d) This section becomes effective July 1, 2017.

 

severability clause and effective date

SECTION 3.1. If any section or provision of this act is declared unconstitutional or invalid by the courts, it does not affect the validity of this act as a whole or any part other than the part declared to be unconstitutional or invalid.

SECTION 3.2. Except as otherwise provided, this act is effective when it becomes law.