Bill Text: NC H1099 | 2010 | Regular Session | Amended
Bill Title: Clarify Effective Date for SEPA Exemption
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2010-08-03 - Ch. SL 2010-188 [H1099 Detail]
Download: North_Carolina-2010-H1099-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
H 1
HOUSE BILL 1099
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Short Title: Amend Environmental Laws 2009. |
(Public) |
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Sponsors: |
Representatives Allen, Gibson (Primary Sponsors); and Lucas. |
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Referred to: |
Environment and Natural Resources, if favorable, Finance. |
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April 7, 2009
A BILL TO BE ENTITLED
AN ACT to amend certain environmental and natural resources laws to: (1) repeal the requirement that seasonal state park employees wear a uniform vest; (2) require electronic reporting of environmental lead test results and blood lead test results; (3) clarify the fee structure for food and lodging permits; (4) revise the sunset provision for nutrient offset payments; and (5) amend the solid waste disposal tax to streamline the process when a local government is served by a solid waste management authority.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 113‑35.1 is repealed.
SECTION 2. G.S. 130A‑131.8 reads as rewritten:
"§ 130A‑131.8.
Laboratory Reports reports.of blood levels in children.
(a) All laboratories doing business in this
State shall report to the Department all environmental lead test results and
blood lead test results for children less than six years of age and for
individuals whose ages are unknown at the time of testing. Reports shall be
made by electronic submission within five working days after test completion
on forms provided by the Department or on self‑generated forms
containing: completion.
(b) Reports of blood lead test results shall contain:
(1) the The child's full name,
date of birth, sex, race, ethnicity, address, and Medicaid number, if any;
any.
(2) the The name, address, and
telephone number of the requesting health care provider; provider.
(3) the The name, address, and
telephone number of the testing laboratory; laboratory.
(4) the The laboratory results, whether
the specimen type – type is venous or capillary; the
laboratory sample number, and the dates the sample was collected and analyzed. The
reports may be made by electronic submissions.
(c) Reports of environmental lead test results shall contain:
(1) The address where the samples were collected.
(2) Sample type, such as dust, paint, soil, or water.
(3) Surface type, such as floor, window sill, or window trough.
(4) Collection location.
(5) The name, address, and telephone number of the testing laboratory.
(6) The laboratory results, unit of measurement, the laboratory sample number, and the dates the sample was collected and analyzed."
SECTION 3. G.S. 130A‑248(d) reads as rewritten:
"(d) The Department shall charge each establishment
subject to this section, except nutrition programs for the elderly administered
by the Division of Aging of the Department of Health and Human Services,
establishments that prepare and sell meat food products or poultry products,
and public school cafeterias, an annual fee of fifty dollars ($50.00). cafeterias,
a fee of fifty dollars ($50.00) for each permit issued. This fee shall be
reassessed annually for permits that do not expire. The Commission shall
adopt rules to implement this subsection. Fees collected under this subsection
shall be used for State and local food, lodging, and institution sanitation
programs and activities. No more than thirty‑three and one‑third
percent (33 1/3%) of the fees collected under this subsection may be used to
support State health programs and activities."
SECTION 4. Section 5 of S.L. 2007‑438 reads as rewritten:
"SECTION 5. This act becomes effective 1
September 2007 and applies to all nutrient offset payments, including those set
out in 15A NCAC 2B .0240, as adopted by the Environmental Management Commission
on 12 January 2006. The fee schedule set out in Section 1 of this act expires 1
September 2009.on the effective date of the rules adopted by the
Environmental Management Commission pursuant to Section 2 of this act."
SECTION 5. G.S. 105‑187.63 reads as rewritten:
"§ 105‑187.63. Use of tax proceeds.
From the taxes received pursuant to this Article, the Secretary may retain the costs of collection, not to exceed two hundred twenty‑five thousand dollars ($225,000) a year, as reimbursement to the Department. The Secretary must credit or distribute taxes received pursuant to this Article, less the cost of collection, on a quarterly basis as follows:
(1) Fifty percent (50%) to the Inactive Hazardous Sites Cleanup Fund established by G.S. 130A‑310.11.
(2) Thirty‑seven and one‑half percent (37.5%) to cities and counties in the State on a per capita basis, using the most recent annual estimate of population certified by the State Budget Officer. One‑half of this amount must be distributed to cities, and one‑half of this amount must be distributed to counties. For purposes of this distribution, the population of a county does not include the population of a city located in the county.
A city or county is excluded from
the distribution under this subdivision if it does not provide solid waste
management programs and services and is not responsible by contract for payment
for these programs and services. services, unless it is served by a
regional solid waste management authority established under Article 22 of
Chapter 153A of the General Statutes. The Department of Environment and
Natural Resources must provide the Secretary with a list of the cities and
counties that are excluded under this subdivision. The list must be provided by
May 15 of each year and applies to distributions made in the fiscal year that
begins on July 1 of that year.
Funds distributed under this
subdivision must be used by a city or county solely for solid waste management
programs and services. A city or county that receives funds under this
subdivision and is served by a regional solid waste management authority must
forward the amount it receives to that authority.
(3) Twelve and one‑half percent (12.5%) to the Solid Waste Management Trust Fund established by G.S. 130A‑309.12."
SECTION 6. Sections 3 and 5 of this act become effective July 1, 2009. Sections 1, 2, 4, and 6 of this act are effective when this act becomes law.
