[Durham INC] The Very Scary Senate Bill 612

Sat Apr 27 10:45:04 EDT 2013

There's a whole other bill, the so-called "Cell Tower Deployment Act," that appears to eliminate all local control over expansion or installation of cell towers. That's House Bill 664.  The link to it is:   http://www.ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2013&BillID=h664&submitButton=Go 

I can also supply a lengthy analysis of that bill's potential negative impacts on local governments from a local planner (unsigned).

Ed Harrison  

On Apr 27, 2013, at 10:14 AM, Pat Carstensen wrote:

> As I said at the delegate meeting, the first thing you want to do on storm water is quit digging yourself in deeper (ie while we figure out the science, do new development very carefully).  If this passes, at the very least, we will have to fight really really hard to have any teeth into the storm water regulations on new development.
> 
> The really scary part is there seems to be really sloppy language that, even if it isn't meant to be that way, a clever lawyer will twist it into making the law say that local government will not be able to have ANY environmental regulation stronger than state or federal laws.  So good-bye tree protection, steep slope, grease in the sewer, potentially cell towers and who knows what else.
> 
> Regards, pat
> 
> Date: Fri, 26 Apr 2013 15:18:07 -0400
> From: cassie.gavin at sierraclub.org
> Subject: Sierra Club NC Chapter Legislative Update 04-26-13
> To: NC-CONS-FORUM at LISTS.SIERRACLUB.ORG
> 
> 
> 
> Senate Bill 612, an omnibus water bill with many bad parts (sewn together like a Frankenstein monster) was approved by the Senate Commerce Committee this week. Called the “Regulatory Reform Act of 2013”, S 612 is sponsored by Senators Brown (R- Jones, Onslow), Jackson (R- Duplin, Johnston, Sampson) and Brock (R- Davie, Iredell, Rowan). The bill would do the following:
> prohibit local environmental rules more stringent than state or federal;
> require repeal or revision of all existing environmental rules more stringent than federal rules;
> effectively exempt private property in the Neuse and Tar-Pamlico River Basins from riparian buffer rules;
> may allow power plants to contaminate groundwater beneath surface drinking water supplies;
> allow on-site disposal of power plant debris with minimal pollution-prevention techniques; and
> direct the state to petition the Army Corps of Engineers to allow wetland mitigation outside the watershed where development will occur.
> 
> We are still working to understand all the intricacies of S 612 as it quickly moves through the Senate. At this time the bill is not assigned to any additional committees (such as the Senate Environment Committee) so it will presumably next go to the Senate floor to be voted on, then the House. Stay tuned next week for updates on how you can help.
> 
> Have an excellent weekend,
> 
> -- 
> Cassie Gavin, Director of Government Relations
> Sierra Club - NC Chapter
> cassie.gavin at sierraclub.org
> 19 W. Hargett Street, Suite 210
> Raleigh, NC 27601
> 919.833.8467 x 104
> ------
> ConNet summary
> S612 (Regulatory Reform Act of 2013), Harry Brown (Jones-R), Brent Jackson (Duplin-R), Andrew Brock (Davie-R); 6 cosponsors. Part I requires DENR to develop Minimum Design Criteria for stormwater runoff permits and erosion and sedimentation control plans. In developing these criteria, DENR may consult with a technical working group that consists of industry experts, environmental engineers or consultants, relevant UNC faculty and other interested stakeholders. Part I also creates a “fast-track permitting” process for stormwater management system permits and a “fast-track plan approval” process for erosion and sedimentation control plans. Under the fast-track process, a technical review will not be required if the applicant complies with the minimum design criteria and submits an application sealed by an appropriate professional (to be determined by DENR, and to include professional engineers, geologists and landscape architects). In addition, Part I prohibits the state and localities from requiring revisions to an application that has been sealed by a professional engineer unless the official is, or is supervised by, a professional engineer, and the official assumes professional responsibility for the revisions. Part IIprohibits city and county environmental ordinances that are more stringent than a state or federal statute or regulation. Part III authorizes the on-site disposal of demolition debris from decommissioned buildings, including electric generating stations. The debris must be composed of inert materials and may not contain materials characterized as hazardous waste by the EPA. The debris also must be placed at least 500 feet from the nearest drinking water well, and must be covered with at least two feet of soil. Notices of disposal and a survey plat of the property must be filed with the register of deeds and DENR, but there are no monitoring requirements. Part III also requires that permits for discharge to surface waters by disposal systems include a compliance boundary, beyond which groundwater quality standards may not be exceeded. The compliance boundary will be set at the property boundary unless the EMC establishes otherwise. The EMC may only require a disposal system to remedy a groundwater violation within the compliance boundary if: (1) a violation of water quality standards in adjoining waters occurs or can be reasonably predicted to occur; (2) there is an imminent hazard or threat to the environment, public health or safety; or (3) a violation occurs in the bedrock. Violations of groundwater quality standards at or beyond the compliance boundary must be remedied as directed by the EMC. Part III also extends the terms for certain air and water permits from eight years to ten years, and reduces the filing deadline for third parties challenging state permits from 60 days to 30 days. Part IV amends the NC Administrative Procedure act to exempt state agencies from the requirement to prepare a fiscal note when proposing to repeal an existing rule. Part V exempts certain private properties in the Neuse and Tar-Pamlico River Basins from the riparian buffer requirements. In order to qualify for the exemption, property must currently be privately owned, and must have been privately owned and platted prior to August 1, 2000. Part VI requires the repeal or revision of all existing environmental rules that are more stringent than those imposed by federal statutes or regulations. A rule that is stronger than its federal counterpart must be repealed or revised unless it “was and continues to be” necessary to address a serious and unforeseen threat, or is mandated by state or federal law, budgetary policy or court order. Rulemakings initiated in compliance with this requirement would not be subject to review by the Rules Review Commission. Part VII authorizes the lease of property by any city for the siting and operation of a renewable energy facility for a term of up to 25 years without treating the lease as a sale of property. Currently, cities are authorized to lease property for up to 10 years, and only certain cities are authorized to lease property for renewable energy facilities for up to 20 years. Part VIII has no environmental implications. Part IX requires DENR and DOT to petition the Corps of Engineers to allow for greater flexibility and opportunity to perform wetlands and stream mitigation outside of the eight-digit Hydrologic Unit Code (HUC) where development will occur. Part X requires the heads of state agencies and the chairs of boards subject to the state ethics act to require members of any advisory board to disclose any reasonably foreseeable financial benefits they may receive from the matter under recommendation when the benefit would impair the member’s independence of judgment or from which it could reasonably be inferred that the financial benefit would influence the member’s participation. Part X would also require members to provide a list of all grants or employment related to the matter under recommendation held or awarded within the previous 24 months. Referred to the Senate Committee on Ag., Env. and Natural Resources on 4/03. Withdrawn from Senate Ag on 4/23 and re-referred to Senate Commerce. The bill passed out of Senate Commerce on 4/25 in PCS form with one amendment (described here), and will now move to the Senate floor. 
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