Bill Summary – FastDemocracy

FILED SENATE
                                                                                           Mar 8, 2023
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                 S.B. 240
                                      SESSION 2023           PRINCIPAL CLERK
     S                                                                    D
                               SENATE BILL DRS15102-MH-76
     Short Title:   Permit Choice/Certain Airport Authorities.                                   (Public)
     Sponsors:      Senator Moffitt (Primary Sponsor).
     Referred to:
                                    A BILL TO BE ENTITLED
 AN ACT TO PROVIDE CHOICE OF EROSION AND SEDIMENTATION CONTROL
     PERMITTING AUTHORITY FOR CERTAIN AIRPORT AUTHORITIES.
 The General Assembly of North Carolina enacts:
            SECTION 1. G.S. 113A-52 is amended by adding a new subdivision to read:
            "(1b) "Airport authority" means an authority created under Chapter 63 of the
                   General Statutes or by local act of the General Assembly for the purposes of
                   operating an airport."
            SECTION 2. G.S. 113A-56 reads as rewritten:
 "§ 113A-56. Jurisdiction of the Commission.
     (a)    The Commission shall have jurisdiction, to the exclusion of local governments, to
 adopt rules concerning land-disturbing activities that are:
            (1)    Conducted by the State.
            (2)    Conducted by the United States.
            (3)    Conducted by persons having the power of eminent domain other than a local
                   government.government, except for an airport authority as set forth in
                   subsection (a1) of this section.
            (4)    Conducted by a local government.government, except for an airport authority
                   as set forth in subsection (a1) of this section.
            (5)    Funded in whole or in part by the State or the United States.
     (a1) An airport authority operating an airport located wholly or in part in a county with a
 population greater than 250,000 according to the latest certified population totals of the State
 demographer may elect to be regulated under the jurisdiction of a local program authorized under
 G.S. 113A-60. An airport authority to which this subsection applies that is located in more than
 one county may elect to be regulated under local programs authorized under G.S. 113A-60 in
 each county for property of the airport authority located in each county. An airport authority
 making a local program election under this subsection shall be subject to the following
 requirements:
            (1)    The governing board of the local government operating the local program
                   must enact a resolution accepting jurisdiction over the airport authority.
            (2)    The airport authority must provide notice to the Commission that includes (i)
                   a certified copy of the resolution required by subdivision (1) of this subsection
                   and (ii) specification of a date not less than 90 days after the date of the notice
                   on which the local program will assume jurisdiction.
            (3)    Any existing erosion and sedimentation control permits issued by the
                   Commission shall, despite assumption of permitting authority by a local
                                    *DRS15102-MH-76*
     General Assembly Of North Carolina                                                Session 2023
                    government, remain under the jurisdiction of the Commission until the airport
                    authority has submitted a permit modification request consistent with this
                    Article to transfer the permit to the local program.
     (b)     The Commission may delegate the jurisdiction conferred by G.S. 113A-56(a), in
 whole or in part, to any other State agency that has submitted an erosion and sedimentation
 control program to be administered by it, if the program has been approved by the Commission
 as being in conformity with the general State program.
     (c)     The Commission shall have concurrent jurisdiction with local governments that
 administer a delegated erosion and sedimentation control program over all other land-disturbing
 activities. In addition to the authority granted to the Commission in G.S. 113A-60(c), the
 Commission has the following authority with respect to a delegated erosion and sedimentation
 control program:
             (1)    To review erosion and sedimentation control plan approvals made by a
                    delegated erosion and sedimentation control program and to require a revised
                    plan if the Commission determines that a plan does not comply with the
                    requirements of this Article or the rules adopted pursuant to this Article.
             (2)    To review the compliance activities of a delegated erosion and sedimentation
                    control program and to take appropriate compliance action if the Commission
                    determines that the local government has failed to take appropriate
                    compliance action."
             SECTION 3. This act becomes effective October 1, 2023.
     Page 2                                                                      DRS15102-MH-76
Statutes affected: 
Filed: 113A-52, 113A-56
Edition 1: 113A-52, 113A-56
Ratified: 113A-52, 113A-56
SL 2023-53: 113A-52, 113A-56