Bill Summary – FastDemocracy

FILED SENATE
                                                                                              Apr 2, 2019
                           GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                  S.B. 553
                                       SESSION 2019           PRINCIPAL CLERK
     S                                                                     D
                                SENATE BILL DRS45219-MH-105
     Short Title:    Regulatory Reform Act of 2019.                                                  (Public)
     Sponsors:       Senators Sanderson and Wells (Primary Sponsors).
     Referred to:
 1                                  A BILL TO BE ENTITLED
 2   AN ACT TO PROVIDE FURTHER REGULATORY RELIEF TO THE CITIZENS OF NORTH
 3      CAROLINA.
 4   The General Assembly of North Carolina enacts:
 5
 6   CLARIFY LANDFILL LIFE-OF-SITE FRANCHISE REQUIREMENTS
 7                SECTION 1. G.S. 130A-294(a4) reads as rewritten:
 8       "(a4) In order to preserve long-term disposal capacity, a life-of-site permit issued for a
 9   sanitary landfill shall survive the expiration of a local government approval or franchise, and the
10   local government shall allow the sanitary landfill to continue to operate until the term of the
11   landfill's life-of-site permit expires provided that the owner or operator has complied is in
12   substantial compliance with the terms of the local government approval or franchise agreement,
13   and remains in substantial compliance with those the nonfinancial terms of the franchise and full
14   compliance with the financial terms of the franchise after expiration of the approval or agreement
15   until the life-of-site permit has expired. In order to preserve any economic benefits included in
16   the franchise, the County may extend the franchise under the same terms and conditions for the
17   term of the life-of-site permit. The extension of the franchise hereby shall not trigger the
18   requirements for a new permit, a major permit modification, or a substantial amendment to the
19   permit. This subsection only applies to valid and operative franchise agreements in effect on
20   October 1, 2015."
21
22   REMOVE REAL ESTATE LICENSING REQUIREMENT FOR TIMESHARE
23   SALESPEOPLE
24               SECTION 2. G.S. 93A-40(a) reads as rewritten:
25       "(a) It shall be unlawful for any person in this State to engage or assume to engage in the
26   business of a time share salesperson without first obtaining a real estate broker license issued by
27   the North Carolina Real Estate Commission under the provisions of Article 1 of this Chapter,
28   and it shall be unlawful for a time share developer to sell or offer to sell a time share located in
29   this State without first obtaining a certificate of registration for the time share project to be offered
30   for sale issued by the North Carolina Real Estate Commission under the provisions of this
31   Article."
32
33   STUDY EXPRESS PERMITTING EXPANSION
34              SECTION 3. The Department of Environmental Quality shall study and report on
35   additional positions and funding needed as well as any changes in State or federal laws and
36   regulations necessary to expand the Department's express permitting programs to include
                                    *DRS45219-MH-105*
     General Assembly Of North Carolina                                                    Session 2019
 1   additional types of permits typically required for job creating and real estate development or
 2   redevelopment activities. Additional permits considered in the study shall include, at a minimum,
 3   permits for facilities not discharging to the surface waters of the State under Article 21 of Chapter
 4   143 of the General Statutes, and permits to apply petroleum contaminated soil to land authorized
 5   under G.S. 143-215.1. The Department shall provide its report and recommendations to the Joint
 6   Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the
 7   Fiscal Research Division no later than December 1, 2019.
 8
 9   SEVERABILITY CLAUSE AND EFFECTIVE DATE
10               SECTION 4. If any section or provision of this act is declared unconstitutional or
11   invalid by the courts, it does not affect the validity of this act as a whole or any part other than
12   the part declared to be unconstitutional or invalid.
13               SECTION 5. Except as otherwise provided, this act is effective when it becomes
14   law.
     Page 2                                                                         DRS45219-MH-105
Statutes affected: 
Filed: 130A-294, 93A-40
Edition 1: 130A-294, 93A-40
Edition 2: 14-234, 93A-40, 130A-309.10, 130A-294, 143-215.54, 130A-335
Edition 3: 14-234, 93A-40, 130A-294, 143-215.54, 130A-335
Edition 4: 14-234, 93A-40, 113A-110, 153A-324, 160A-365, 143-215.107A, 90-622, 90-624, 143-138, 160A-383.1, 130A-294, 159G-23, 83A-13, 20-183.4C, 117-28.1, 20-4.01, 20-51
Edition 5: 14-234, 93A-40, 143-215.107A, 143-138, 160A-383.1, 130A-294, 159G-23, 83A-13, 117-28.1, 20-4.01, 20-51, 20-54, 20-79.1A, 163A-1115, 20-183.4C, 18B-1006
Edition 6: 14-234, 93A-40, 143-215.107A, 143-138, 160A-383.1, 130A-294, 159G-23, 83A-13, 117-28.1, 20-4.01, 20-51, 20-54, 20-79.1A, 163A-1115, 20-183.4C, 18B-1006, 83A-2, 83A-5, 83A-7
Ratified: 14-234, 143-215.107A, 143-138, 160A-383.1, 130A-294, 159G-23, 130A-335, 159G-20, 159G-22, 159G-30, 159G-31, 159G-32, 159G-35, 159G-36, 159G-37, 159G-39, 83A-13, 117-28.1, 20-54, 20-79.1A, 163A-1115, 20-183.4C, 18B-1006, 83A-2, 83A-5, 83A-7, 83A-11, 143-215.54