McCrory Signs Regulatory Reform Bill

Section 1. Inserts a new Definition in G.S. 150B-2 by adding a new subdivision to read: “(7a) “Policy” means any nonbinding interpretive statement within the delegated authority of an agency that merely defines, interprets, or explains the meaning of a statute or rule. The term includes any document issued by an agency which is intended and used purely to assist a person to comply with the law, such as a guidance document.”

Section 3.(b) Part 2 of Article 2A of Chapter 150B of the General Statutes is amended by adding a new section to read: Ҥ 150B-21.3A. Periodic review and expiration of existing rules.

Section 3.(d) If G.S. 150B-21.3A, as enacted by subsection (b) of this section, becomes law, the Rules Review Commission shall subject rules adopted by the Environmental Management Commission related to surface water quality and wetlands to review in the first year that the Rules Review Commission establishes for the review of existing rules in accordance with G.S. 150B-21.3A.

Section 10.2(a) will set up a temporary limitation on enactment of environmental ordinances by Cities and Counties. As written a city or county may not enact an ordinance that regulates a field that is also regulated by a State or Federal statue enforced by an environmental agency or that regulates a field that is also regulated by a rule adopted by an environmental agency.

Section 10.2(c) The Environmental Review Commission shall study the circumstances under which cities and counties should be authorized to enact ordinances.

Section 24. (a) Water and Sewer Study Bill as the language filed in HB 814. The Environmental Review Commission shall study the statutory models for establishing, operating, and financing certain organizations that provide water and services in the State.

Section 30. G.S. 113A -119 is rewritten to eliminate the requirement for newspaper publication of CAMA Minor Permits.

Section 34.(a)(b)(c) This section attempts to recognize the many benefits of low flow water fixtures, and low flow technologies and amends the wastewater systems Daily Flow for Design rates (2T Rules) that are established by the Department of Health and Human Services.

Section 51. (a) Amends the Definition of “Built-Upon Area” by clarifying that gravel will no longer be considered an impervious surface. For purposes of implementing stormwater programs, “built-upon area” means impervious surface and partially impervious surface to the extent that the partially impervious surface does not allow water to infiltrate through the surface and into the subsoil. “Built-upon area” does not include a wooden slatted deck, the water area of a swimming pool, or gravel.”

Section 54. This section repeals Article 4A of Chapter 113A – requirements for increases in vehicular surface areas. This section in certain cases required that no more than 80% of the surface area of the vehicular surface area may be impervious surface, or the stormwater runoff generated by the first 2″ of rain on at least (20%) of the vehicular service area must flow to an appropriately sized bio-retention area.

Section 58.(a) Limit review of Engineering Work. The Department of Environment and Natural Resources, in conjunction with the Departments of Transportation and Health and Human Services, and local governments operating delegated permitting programs on behalf of the departments, shall study their internal processes for review of applications and plans submitted for approval particularly in light of the role and practices of professional engineers