H374 - Regulatory Reform Act of 2018. (SL 2018-114)

Overview: S.L. 2018-114 amends State laws as follows:

• Allow electronic delivery of agency decision documents in contested cases
• Allow temporary food establishments to operate: (i) for up to 30 days, with a possible one-time 15-day extension, and (ii) operate at agritourism businesses
• Change the required office location for the North Carolina Board of Cosmetic Art Examiners from Raleigh to Wake County
• Amend the law on contracts with automatic renewal clauses to exempt real estate professionals from the applicable requirements
• Make motorcycle financing changes to exempt motorcycles with a purchase price of $7,500 or more from the prohibition on balloon payments
• Add employees who install or service an electronic security system in a commercial business establishment to those persons who must be registered with the Alarm Systems Licensing Board
• Modify the timing for renewable precertification for persons transporting essentials or restoring utilities during emergency declarations
• Require the Division of Mitigation Services (DMS) to review and revise its bidding and contracting procedures for procurement of mitigation services
• Clarify improvement permit and construction authorization extensions for wastewater systems to provide that for purposes of extending a permit's duration, site activities begun or completed pursuant to requirements from the local health department under the original permit would not be construed to be altered conditions and cannot constitute a basis for refusal of the permit extension
• Require the Legislative Research Commission (LRC) to study mandatory connection authority relating to use of the engineer option permit for wastewater
• Revise wastewater permitting requirements
• Expand the definition of "accepted wastewater dispersal system" to include approved trench dispersal systems
• Cap Title V air quality permit fees for air curtain burners
• Require the Environmental Management Commission (EMC) to review local government implementation of certain water quality laws
• Authorize replacement of certain temporary erosion control structures
• Authorize certain coastal stormwater program variances
• Allow American eels to be imported from Maryland for aquaculture purposes
• Clarify applicability of institutional controls and notice recordation for aboveground tanks, and modify other requirements for underground storage tanks
• Expand exemptions for certain local governments' authority to enact flow control
• Clarify landfill life-of-site/franchise requirements for sanitary landfills
• Amend recoverable costs in the fuel clause rider for electric public utilities that have fewer than 150,000 North Carolina retail jurisdictional customers to include the cost of Public Utility Regulatory Policies Act of 1978 (PURPA) qualifying facilities (QF) purchased power, and subject them to the current 1% annual cap on cost increases
• Amend the process for vacancy appointments to the Utilities Commission and the Industrial Commission
• Adjust the number of assistant district attorneys in Prosecutorial Districts 10 and 22
• Exempt the personal property of charter schools from property tax so long as the property is wholly and exclusively used for educational purposes
• Amend legislation regarding maintenance of roads surrounding schools
• Repeal State Board of Education policies inconsistent with State law, as affirmed by the North Carolina Supreme Court, and address State Board of Education rules
• Prohibit the North Carolina Board of Funeral Service from revoking or refusing to renew a funeral license under certain circumstances

This act has various effective dates. Please see the full summary for details.

This bill was vetoed by the Governor on June 25, 2018. The veto was overridden by the General Assembly on June 27, 2018.