North Carolina 2023-2024 Session Status: Passed House 10 R cosponsors

HB 579 — Sedimentation Act and Other Environmental Changes.

Last action — Regular Message Sent To Senate

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

641 added · 250 removed

Plain-language change summary

The legislative amendment to Bill HB 579 updates its short title and content to clarify the focus on amending agreements and proceedings between the Department of Environmental Quality (DEQ) and the Environmental Protection Agency (EPA). Notably, it introduces new requirements for rulemaking authority, which will now need approval from the General Assembly before incorporating federal environmental regulations. This change could potentially increase oversight and involvement of state lawmakers in environmental regulatory decisions, ensuring that local priorities are considered alongside federal standards.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 H 2 HOUSE BILL 579 Committee Substitute Favorable 5/31/23 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 H 1 HOUSE BILL 579 Short Title:
Sedimentation Act & Other Env'l.
Amend Certain DEQ/EPA Agreements/Proceedings.
Changes.
Representatives Brody, Saine, Zenger, and N.
Jackson (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
April 6, 2023 A BILL TO BE ENTITLED AN ACT TO AMEND SEDIMENTATION CONTROL PERMITTING REQUIREMENTS AND TO ESTABLISH OTHER REQUIREMENTS FOR DEQ TO FACILITATE THE EFFICIENT AND EFFECTIVE ADMINISTRATION OF ENVIRONMENTAL PROGRAMS IN NORTH CAROLINA.
Environment, if favorable, Regulatory Reform, if favorable, Rules, Calendar, and Operations of the House April 6, 2023 A BILL TO BE ENTITLED AN ACT TO AMEND SEDIMENTATION CONTROLPERMITTING REQUIREMENTS, TO ESTABLISH NEW REQUIREMENTS FOR MEMORANDUMS OF AGREEMENT BETWEEN THE DEPARTMENT OF ENVIRONMENTAL QUALITY AND THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, TO REQUIRE GENERAL ASSEMBLY APPROVAL FOR RULEMAKING TO INCORPORATE BY REFERENCE FEDERAL ENVIRONMENTAL REGULATIONS, TO REVISE APPOINTMENTS TO THE SEDIMENTATION CONTROL COMMISSION, TO ESTABLISH THE ENVIRONMENTAL POLICY COUNCIL, AND TO MAKE OTHER CHANGES TO THE ADMINISTRATION OF ENVIRONMENTAL PROGRAMS IN NORTH CAROLINA.
8 STREAMLINE PERMITTING FOR LAND-DISTURBING ACTIVITIES SECTION 1.(a) G.S.
ELIMINATE PERMITTING REDUNDANCIES WHEN NCG01 REQUIRED SECTION 1.(a) G.S.
113A-57 reads as rewritten:
113A-57 is rewritten to read:
(2) The angle for graded slopes and fills shall be no greater than the angle that can be retained by vegetative cover or other adequate erosion-control devices or structures.
*H579-v-1* General Assembly Of North Carolina Session 2023 (2) The angle for graded slopes and fills shall be no greater than the angle that can be retained by vegetative cover or other adequate erosion-control devices or structures.
(3) Whenever land-disturbing activity that will disturb more than one acre is undertaken on a tract, the person conducting the land-disturbing activity shall install erosion and sedimentation control devices and practices that are *H579-v-2* General Assembly Of North Carolina Session 2023 sufficient to retain the sediment generated by the land-disturbing activity within the boundaries of the tract during construction upon and development of the tract, and shall plant or otherwise provide a permanent ground cover sufficient to restrain erosion after completion of construction or development within a time period to be specified by rule of the Commission.
(3) Whenever land-disturbing activity that will disturb more than one acre is undertaken on a tract, the person conducting the land-disturbing activity shall install erosion and sedimentation control devices and practices that are sufficient to retain the sediment generated by the land-disturbing activity within the boundaries of the tract during construction upon and development of the tract, and shall plant or otherwise provide a permanent ground cover sufficient to restrain erosion after completion of construction or development within a time period to be specified by rule of the Commission.
(4) No personshall initiateanyland-disturbingactivitythatwill disturbmorethan one acre on a tract unless, 30 or more days prior to initiating the activity, an erosion and sedimentation control plan for the activity is filed with the agency havingjurisdictionandapprovedbytheagency.Anerosion andsedimentation control plan may be filed less than 30 days prior to initiation of a land-disturbing activity if the plan is submitted under an approved express permit program, and the land-disturbing activity may be initiated and conducted in accordance with the plan once the plan has been approved.
(4) Nopersonshall initiateanyland-disturbingactivitythatwill disturbmorethan one acre on a tract unless, 30 or more days prior to initiating the activity, an erosion and sedimentation control plan for the activityis filed with the agency havingjurisdictionandapprovedbytheagency.Anerosionandsedimentation control plan may be filed less than 30 days prior to initiation of a land-disturbing activity if the plan is submitted under an approved express permit program, and the land-disturbing activity may be initiated and conducted in accordance with the plan once the plan has been approved.
113A-60(a3)." SECTION 1.(b) G.S.
113A-60(a3)." SECTION 1.(b) The Commission shall adopt temporary rules to implement the requirements for ground cover established by G.S.
113A-60 reads as rewritten:
113A-57(3), as amended by Section 1(a) of Page 2 House Bill 579-First Edition General Assembly Of North Carolina Session 2023 this act.
"§ 113A-60.
Temporary rules adopted in accordance with this subsection shall remain in effect until permanent rules that replace the temporary rules become effective.
Local erosion and sedimentation control programs.
SECTION 1.(c) This section is effective when it becomes law and applies to applications for permits for land-disturbing activities submitted on or after that date.
(a) A local government may submit to the Commission for its approval an erosion and sedimentation control program for its jurisdiction and may adopt ordinances and regulations necessary to establish and enforce erosion and sedimentation control programs.
SECTION 2.(a) G.S.
An ordinance adopted bya local government mayestablish a fee for the review of an erosion and sedimentation control plan and related activities.
The fee shall be calculated on the basis of either the number of acres disturbed or in the case of a single-family lot in a residential development or common plan of development that is less than one acre set at no more than one hundred dollars ($100.00) per lot developed.
Local governments are authorized to create or designate agencies or subdivisions of local government to administer and enforce the programs.
Except as otherwise Page 2 House Bill 579-Second Edition General Assembly Of North Carolina Session 2023 provided in this Article, an ordinance adopted by a local government shall at least meet and may exceed the minimum requirements of this Article and the rules adopted pursuant to this Article.
(a1) Two or more units of local government are authorized to establish a joint program and to enterinto anyagreements thatarenecessary fortheproperadministration and enforcement of the program.
The resolutions establishing any joint program must be duly recorded in the minutes of the governing bodyof each unit of local government participatingin the program, and a certified copy of each resolution must be filed with the Commission.
(a2) The requirements of an approved local sedimentation control program established pursuant to subsection (a) or (a1) of this section shall meet, but not exceed, the requirements for stormwater discharges from construction activities set forth under the 2022 Clean Water Act National Pollution Discharge Elimination System (NPDES) general permit for stormwater discharges from construction activities (Construction Permit), 87 Federal Register 3522.
(a3) An approved local program shall be required to issue an NPDES General Permit No.
NCG01000 (NCG01) to persons initiating land-disturbing activity in their jurisdictions that are required to obtain coverage under the NCG01, in lieu of a land disturbance permit or other permit or certification, issued for purposes of compliance with this Article and rules adopted thereunder.
A local program may charge a fee of no more than two hundred dollars ($200.00) for issuance of an NCG01, and no other fee may be charged under this section.
Fifty percent (50%) of such fees charged by a local program shall be retained by the local program and fifty percent (50%) shall be remitted to the Department.
(b) The Commission shall review each program submitted and within 90 days of receipt thereof shall notify the local government submitting the program that it has been approved, approved with modifications, or disapproved.
The Commission shall only approve a program upon determining that its standards equal or exceed those of this Article and rules adopted pursuant to this Article.
…." SECTION 1.(c) G.S.
(4) Standards, policies, and procedures for permitting of grading to be adopted by any local government operating an approved erosion and sedimentation House Bill 579-Second Edition Page 3 General Assembly Of North Carolina Session 2023 control program within its jurisdiction.
(4) Standards, policies, and procedures for permitting of grading to be adopted by any local government operating an approved erosion and sedimentation control program within its jurisdiction.
(3) Develop recommended methods of control of sedimentation and prepare and make available for distribution publications and other materials dealing with sedimentation control techniques appropriate for use by persons engaged in land-disturbing activities, general educational materials on erosion and sedimentation control, and instructional materials for persons involved in the enforcement of this Article and erosion and sedimentation control rules, ordinances, regulations, and plans.
House Bill 579-First Edition Page 3 General Assembly Of North Carolina Session 2023 (3) Develop recommended methods of control of sedimentation and prepare and make available for distribution publications and other materials dealing with sedimentation control techniques appropriate for use by persons engaged in land-disturbing activities, general educational materials on erosion and sedimentation control, and instructional materials for persons involved in the enforcement of this Article and erosion and sedimentation control rules, ordinances, regulations, and plans.
113A-64.2." SECTION 1.(d) No later than September 1, 2023, the Department of Environmental Quality shall prepare and submit to the United States Environmental Protection Agency for approval by that agency proposed changes to the State's Sedimentation Pollution Control Act of 1973 (Act), and its implementation of NPDES General Permit NCG010000 (NCG01 permit), to (i) eliminate the requirement under the Act that a person submit a draft erosion and sedimentation control plan for the Department's approval, for persons otherwise required to obtain an NCG01 permit, (ii) authorize local governments, which have delegated authority from the Commission to administer an erosion and sedimentation control program within their jurisdiction, to issue NCG01 permits, and (iii) limit local governments administering approved erosion and sedimentation control programs within their jurisdiction to implementation and enforcement of requirements for land-disturbing activities that meet, but do not exceed, requirements for stormwater discharges from construction activities as established by 40 C.F.R.
113A-64.2." SECTION 2.(b) The Commission shall adopt temporary rules to implement the requirements of G.S.
§ 122.26 and Page 4 House Bill 579-Second Edition General Assembly Of North Carolina Session 2023 under the most recent Clean Water Act National Pollution Discharge Elimination System (NPDES) general permit for stormwater discharges from construction activities (Construction Permit) issued by the United States Environmental Protection Agency.
113A-54(c)(4), as enacted by subsection (a) of this section, no later than 60 days afterthis act becomes law.
SECTION 1.(e) Subsections (a), (b), and (c) of this section become effective on the later of the following dates and apply to permits to conduct land-disturbing activity submitted on or after that date:
Temporaryrules adoptedin accordancewith this subsectionshall remain in effect until permanent rules that replace the temporary rules become effective.
(1) July 1, 2024.
SECTION 2.(c) Any local government operating an approved erosion and sedimentation control program within its jurisdiction on the date this act becomes law shall, no later than October 1, 2023, submit to the Commission for its approval standards, policies, and procedures for permitting of grading to be adopted bythe local government and incorporated into its erosion and sedimentation control program for its jurisdiction in compliance with rules adopted by the Commission pursuant to G.S.
(2) The first day of a month that is 60 days after the Secretary of the Department of Environmental Quality certifies to the Revisor of Statutes that the United States Environmental Protection Agency has approved an amendment to the Sedimentation Pollution Control Act as required by subsection (d) of this section.
113A-54(c)(4), as enacted by subsection (b) of this section.
The Secretary shall provide this notice along with the effective date of this act on its website.
All grading permit standards, policies, and procedures of such local governments in effect when this act becomes law shall remain in effect until December 31, 2023, but thereafter shall be void and unenforceable, until such time as the Commission has approved new or revised standards, policies, and procedures for permitting of grading to be adopted by the local government and incorporated into the erosion and sedimentation control program for its jurisdictionin compliance with rules adopted by the Commission pursuant to G.S.
SECTION 1.(f) The Department of Environmental Quality shall report to the Environmental Review Commission on the status of their activities pursuant to subsection (d) of this section quarterly, beginning October 1, 2023, until such time as the General Assembly repeals this reporting requirement.
113A-54(c)(4), as enacted by Section 2(b) of this act.
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DEQ TO REQUEST THAT USEPA CONSULT DEQ ON PROPOSED CHANGES TO ALL APPLICABLE FEDERAL REGULATIONS PRIOR TO NOTICE OF SAME IN THE FEDERAL REGISTER SECTION 2.
Where a local government has issued a grading permit for a multiyear project, however, that permit shall nonetheless remain in effect until the termination of the project, and no modifications to such a permit that would result in additional cost to the permittee shall be allowed.
The submittal required herein may be done in conjunction with the submittal required pursuant to Section 3(b) of this act.
REQUIRED REVISIONS TO LOCAL SEDIMENTATION CONTROL PROGRAMS/STRINGENCY LIMITATIONS/AUTHORIZATION TO ISSUE NCG01 SECTION 3.(a) G.S.
113A-60 reads as rewritten:
"§ 113A-60.
Local erosion and sedimentation control programs.
(a) A local government may submit to the Commission for its approval an erosion and sedimentation control program for its jurisdiction and may adopt ordinances and regulations necessary to establish and enforce erosion and sedimentation control programs.
An ordinance adopted bya local government mayestablish a fee for the review of an erosion and sedimentation control plan and related activities.
The fee shall be calculated on the basis of either the number of acres disturbed or in the case of a single-family lot in a residential development or common plan of development that is less than one acre set at no more than one hundred dollars ($100.00) per lot developed.
Local governments are authorized to create or designate agencies or Page 4 House Bill 579-First Edition General Assembly Of North Carolina Session 2023 subdivisions of local government to administer and enforce the programs.
Except as otherwise provided in this Article, an ordinance adopted by a local government shall at least meet and may exceed the minimum requirements of this Article and the rules adopted pursuant to this Article.
(a1) Two or more units of local government are authorized to establish a joint program and to enterinto anyagreements thatarenecessaryfortheproperadministration and enforcement of the program.
The resolutions establishing any joint program must be duly recorded in the minutes of the governing bodyof each unit of local government participatingin the program, and a certified copy of each resolution must be filed with the Commission.
(a2) The requirements of an approved local sedimentation control program established pursuant to subsection (a) or (a1) of this section shall meet, but not exceed, the requirements for stormwater discharges from construction activities set forth under the 2022 Clean Water Act National Pollution Discharge Elimination System (NPDES) general permit for stormwater discharges from construction activities (Construction Permit), 87 Federal Register 3522.
(a3) An approved local program shall be required to issue a NPDES General Permit No.
NCG01000 (NCG01) to persons initiating land-disturbing activity in their jurisdictions that are required to obtain coverage under the NCG01, in lieu of a land disturbance permit or other permit or certification, issued for purposes of compliance with this Article and rules adopted thereunder.
A local program may charge a fee of no more than two hundred dollars ($200.00) for issuance of a NCG01, and no other fee may be charged under this section.
Fifty percent (50%) of such fees charged by a local program shall be retained by the local program and fifty percent (50%) shall be remitted to the Department.
(b) The Commission shall review each program submitted and within 90 days of receipt thereof shall notify the local government submitting the program that it has been approved, approved with modifications, or disapproved.
The Commission shall only approve a program upon determining that its standards equal or exceed those of this Article and rules adopted pursuant to this Article.
…." SECTION 3.(b) Any local government operating an approved erosion and sedimentation control program withinits jurisdictionon thedatethis act becomeslawthatdesires to continue operating such a program shall, no later than October 1, 2023, submit to the Commission for its approval a revised erosion and sedimentation control program for its jurisdiction and may adopt ordinances and regulations necessary to meet, but not exceed, the requirements for stormwater discharges from construction activities set forth under the 2022 Clean Water Act National Pollution Discharge Elimination System (NPDES) general permit for stormwater discharges from construction activities (Construction Permit), 87 Federal Register 3522.
The Commission shall review each revised program submitted and within 90 days of receipt thereof shall notify the local government submitting the revised program that it has been approved, approved with modifications, or disapproved.
The Commission shall only approve a revised program upon determining that it meets, but does not exceed, the requirements for stormwater discharges from construction activities set forth under the Construction Permit.
After the effective date of this act, a local government shall be deemed only to have approval to administer a limited erosion and sedimentation control program for its jurisdiction that grants the local government the responsibility only for the assessment and collection of fees and for the inspection of land-disturbing activities within the jurisdiction of the local government, as described in G.S.
113A-60(d) and (e), until such time as:
(1) The Commission has approved a revised program submitted pursuant to this section;
and (2) The Commission or Department, as applicable, has established processes to enable local governments to issue NPDES General Permit No.
NCG01000 (NCG01) in lieu of a land disturbance permit or other permit or certification House Bill 579-First Edition Page 5 General Assembly Of North Carolina Session 2023 issued for purposes of compliance with Article 4 of Chapter 113A of the General Statutes and rules adopted thereunder.
SECTION 3.(c) No later than 60 days after this act becomes law, the Commission shall adopt temporaryrules to require approved local programs to issue a NPDES General Permit No.
NCG01000 (NCG01) to persons initiating land-disturbing activity in their jurisdictions that are required to obtain coverage under the NCG01 in lieu of a land disturbance permit or other permit or certification issued for purposes of compliance with this Article and rules adopted thereunder.
Temporary rules adopted in accordance with this subsection shall remain in effect until permanent rules that replace the temporary rules become effective.
SECTION 3.(d) G.S.
113A-60(a3), as enacted by subsection (a) of this section, is effective upon the date the temporary rules required by subsection (c) of this section become effective and applies to applications for permits for land-disturbing activities submitted on or after that date.
MEMORANDUM OF AGREEMENTS BETWEEN DEQ AND USEPA TO REQUIRE GENERAL ASSEMBLY APPROVAL/DEQ ADMINISTRATION OF ENVIRONMENTAL PROGRAMS IN EVENT OF WITHDRAWAL OF USEPA DELEGATION/DEQ RESERVATION OF RIGHT TO DEFINE VAGUE, AMBIGUOUS, OR UNDEFINED TERMS/REQUIRE GENERAL ASSEMBLY APPROVAL FOR RULEMAKING TO INCORPORATE FEDERAL ENVIRONMENTAL REGULATIONS BY REFERENCE SECTION 4.(a) Article 7 of Chapter 143B of the General Statutes is amended by adding a new section to read:
"§ 143B-279.4A.
Requirements for Department administration of federally delegated environmental programs.
(a) All memorandums of agreement between the United States Environmental Protection Agency and the Department of Environmental Quality, the Environmental Management Commission, the Coastal Resources Commission, the Sedimentation Control Commission, and any other board or commission charged under the State's statutes with implementation of State or federal environmental law shall, prior to execution, require approval of the General Assembly by majority vote of the Senate and the House of Representatives.
The Governor shall transmit any proposed memorandums of agreements of this nature, or modifications to such agreements, to the presiding officers of the Senate and the House of Representatives for confirmation byjoint resolution.
Implementation of the terms of such agreements shall be prohibited absent confirmation by the General Assembly.
(b) In the event that theUnitedStates EnvironmentalProtection Agency(USEPA)should act to withdraw authority it has delegated to the State of North Carolina to administer the Clean Water Act, the Department of Environmental Quality is nonetheless directed by the General Assembly to continue administration of the terms of the most recent version of any applicable memorandum of agreement executed between the State and USEPA that governs the State's administration of that program and to continue to timely issue any permits associated with the program if the General Assembly issues a determination through joint resolution that USEPA lacks funding or adequate personnel to effectively administer the program's requirements, and, as such, assumption of the program's requirements by USEPA would cause serious economic hardships upon people and business in North Carolina that are subject to federal environmental law.
The Department shall continue to administer the program under the terms of the most recent versionofanyapplicablememorandumofagreementuntilsuchtimeasanewagreementbetween the State and USEPA has been approved by the General Assembly through joint resolution, and subsequently executed by the Department.
(c) Notwithstanding any authority to adopt rules for the protection of the environment or natural resources granted under the statutes to the Department, the Environmental Management Page 6 House Bill 579-First Edition General Assembly Of North Carolina Session 2023 Commission, the Sedimentation Control Commission, the Coastal Resources Commission, or any other board or commission, no State agency shall incorporate by reference any federal law or regulation for the protection of the environment or natural resources until the General Assembly has enacted legislation to specifically approve the agency's adoption of the rule.
If an agency seeks to adopt a rule to incorporate a federal law or regulation for the protection of the environment or natural resources by reference, the Department shall submit a petition to the General Assembly requesting approval for adoption of the rule and include the content of the federal law or regulation to be incorporated by reference.
(d) The Department reserves the right to define vague, ambiguous, or undefined terms that may be included in any memorandum of agreement with the United States Environmental Protection Agency or federal environmental law as issues may arise resulting from application of such terms.
(e) The Department shall submit a quarterly report to the Environmental Policy Council identifying all changes to federal law or regulations enacted or proposed during the previous quarter that would impact the administration of environmental regulatory programs in North Carolina." SECTION 4.(b) G.S.
143B-279.4A(a), as enacted by subsection (a) of this section, shall apply to memorandums of agreement, or modifications to such agreements, proposed for execution on or after the effective date of this act.
The first report due pursuant to G.S.
143B-279.4A(e), as enacted by subsection (a) of this section, shall be submitted October 1, 2023.
REVISE SEDIMENTATION CONTROL COMMISSION APPOINTMENTS SECTION 5.
G.S.
143B-299 reads as rewritten:
"§ 143B-299.
Sedimentation Control Commission – members;
selection;
compensation;
meetings.
(a) Creation;
Membership.
Creation.
– There is hereby created in the Department of Environmental QualitytheNorth CarolinaSedimentation Control Commission, whichis charged with the duty of developing and administering the sedimentation control program provided for in this Article.
The Commission shall consist of the following members:
(1) A person to be nominated jointly by the boards of the North Carolina League of Municipalities and the North Carolina Association of County Commissioners.
(2) A person to be nominated by the Board of the North Carolina Home Builders Association.
(3) A person to be nominated by the Carolinas Branch, Associated General Contractors of America.
(4) A representative of a North Carolina public utility company.
(5) The Director of the North Carolina Water Resources Research Institute.
(6) A member of the North Carolina Mining Commission who shall be a representative of nongovernmental conservation interests, as required by G.S.
74-38(b).
(7) A member of the State Soil and Water Conservation Commission.
(8) A member of the Environmental Management Commission.
(9) A soil scientist from the faculty of North Carolina State University.
(10) Two persons who shall be representatives of nongovernmental conservation interests.
(11) A professional engineer registered under the provisions of Chapter 89C of the General Statutes nominated by the Professional Engineers of North Carolina, Inc.
House Bill 579-First Edition Page 7 General Assembly Of North Carolina Session 2023 (b) Appointment.
– The Commission members shall be appointed by the Governor.
All Commission members, except the person appointed under subdivision (5) of subsection (a) of this section, shall serve staggered terms of three years and until their successors are appointed and duly qualified.
The person appointed under subdivision (5) of subsection (a) of this section shall serve as a member of the Commission, subject to removal by the Governor as hereinafter specified in this section, so long as the person continues as Director of the Water Resources Research Institute.
The terms of members appointed under subdivisions (2), (4), (7), and (8) of subsection (a) of this section shall expire on 30June of years evenlydivisible bythree.
The terms of members appointed under subdivisions (1), (3), and (10) of subsection (a) of this section shall expire on 30 June of years that follow by one year those years that are evenly divisible by three.
The terms of members appointed under subdivisions (6), (9), and (11) of subsection (a) of this section shall expire on 30 June of years that precede by one year those years that are evenly divisible bythree.
Except for the person appointed under subdivision (5) of subsection (a) of this section, no member of the Commission shall serve more than two complete consecutive three-year terms.
Any member appointed by the Governor to fill a vacancy occurring in any of the appointments shall be appointed for the remainder of the term of the member causing the vacancy.
TheGovernor mayat anytimeremove anymemberoftheCommission forinefficiency, neglect of duty, malfeasance, misfeasance, nonfeasance, or because they no longer possess the required qualifications for membership.
The office of the North Carolina Sedimentation Control Commission is declared to be an office that may be held concurrently with any other elective or appointive office, under the authority of Article VI, Sec.
9, of the North Carolina Constitution.
(a1) The Commission shall consist of 12 members appointed as follows:
(1) One person appointed by the Governor subject to confirmation in conformance with Section 5(8) of Article III of the North Carolina Constitution, upon joint recommendation of the boards of the North Carolina League of Municipalities and the North Carolina Association of County Commissioners.
(2) One person appointed by the Governor subject to confirmation in conformance with Section 5(8) of Article III of the North Carolina Constitution, upon recommendation of the Carolinas Branch, Associated General Contractors of America, that specializes in commercial site development.
(3) One person appointed by the Governor subject to confirmation in conformance with Section 5(8) of Article III of the North Carolina Constitution, who is a professional engineer registered under the provisions of Chapter 89C of the General Statutes, upon recommendation of the Professional Engineers of North Carolina, Inc., that specializes in stormwater and erosion control and design.
(4) One person appointed by the Governor subject to confirmation in conformance with Section 5(8) of Article III of the North Carolina Constitution, who is a member of the State Soil and Water Conservation Commission.
(5) One person appointed by the Governor subject to confirmation in conformance with Section 5(8) of Article III of the North Carolina Constitution, who is a member of the North Carolina Mining Commission.
(6) One person appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives in conformance with G.S.
120-121, upon recommendation of the Board of the North Carolina Home Builders Association.
Page 8 House Bill 579-First Edition General Assembly Of North Carolina Session 2023 (7) One person appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives in conformance with G.S.
120-121, who is a contractor that specializes in coastal construction.
(8) One person appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives in conformance with G.S.
120-121, who is a licensed soil scientist, as defined in G.S.
89F-3.
(9) One person appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate in conformance with G.S.
120-121, upon recommendation of the Board of the North Carolina Home Builders Association that specializes in residential site development.
(10) One person appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate in conformance with G.S.
120-121, who is a design professional that specializes in site development in the piedmont area of the State.
(11) One person appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate in conformance with G.S.
120-121, who is a design professional that specializes in site development in the highland/mountain area of the State.
(12) The Director of the North Carolina Water Resources Research Institute, ex officio and nonvoting.
(a2) Process for Appointments by the Governor.
– The Governor shall transmit to the presiding officers of the Senate and the House of Representatives, within four weeks of the convening of the session of the General Assembly in the year for which the terms in question are to expire, the names of the persons to be appointed bythe Governor and submitted to the General Assembly for confirmation by joint resolution.
If an appointment is required pursuant to this subsection when the General Assemblyis not in session, the member maybe appointed and serve on an interim basis pending confirmation by the General Assembly.
For the purpose of this subsection, the General Assembly is not in session only (i) prior to convening of the regular session, (ii) during any adjournment of the regular session for more than 10 days, or (iii) after sine die adjournment of the regular session.
(a3) Terms.
– The term of office of members of the Commission is four years, beginning effective January 1 of the year of appointment and terminating on December 31 of the year of expiration.
A member may be reappointed to no more than two consecutive four-year terms.
The term of a member who no longer meets the qualifications of their respective appointment, as set forth in subsection (a1) of this section, shall terminate but the member may continue to serve until a new member who meets the qualifications is appointed.
In order to establish regularly overlapping terms, initial appointments shall be made effective June 1, 2023, or as soon as feasible thereafter, and expire as follows:
(1) The initial appointments made by the Governor:
a.
Pursuant to subdivision (a1)(1) of this section shall expire December 31, 2025.
b.
Pursuant to subdivision (a1)(2) of this section shall expire December 31, 2026.
c.
Pursuant to subdivision (a1)(3) of this section shall expire December 31, 2026.
d.
Pursuant to subdivision (a1)(4) of this section shall expire December 31, 2027.
e.
Pursuant to subdivision (a1)(5) of this section shall expire December 31, 2027.
(2) The initial appointments made by the General Assembly upon recommendation of the Speaker of the House of Representatives:
House Bill 579-First Edition Page 9 General Assembly Of North Carolina Session 2023 a.
Pursuant to subdivision (a1)(6) of this section shall expire December 31, 2025.
b.
Pursuant to subdivision (a1)(7) of this section shall expire December 31, 2026.
c.
Pursuant to subdivision (a1)(8) of this section shall expire December 31, 2027.
(3) The initial appointments made by the General Assembly upon recommendation of the President Pro Tempore of the Senate:
a.
Pursuant to subdivision (a1)(9) of this section shall expire December 31, 2025.
b.
Pursuant to subdivision (a1)(10) of this section shall expire December 31, 2026.
c.
Pursuant to subdivision (a1)(11) of this section shall expire December 31, 2027.
(a4) Vacancies.
– In case of death, incapacity, resignation, or vacancy for anyother reason in the office of any member appointed by the Governor, prior to the expiration of the member's term of office, the name of the successor shall be submitted by the Governor within four weeks after the vacancy arises to the General Assembly for confirmation by the General Assembly.
In caseofdeath,incapacity, resignation,orvacancyfor anyotherreasonintheofficeofanymember appointed by the General Assembly, vacancies in those appointments shall be filled in conformance with G.S.
120-122.
If a vacancy arises or exists when the General Assembly is not in session and the appointment is deemed urgent by the Governor, the member maybe appointed by the Governor and serve on an interim basis pending confirmation or appointment by the General Assembly, as applicable.
An appointment to fill a vacancy shall be for the unexpired balance of the term.
(a5) Removal.
– The Governor shall have the power to remove any member of the Commission from office for misfeasance, malfeasance, or nonfeasance in accordance with the provisions of G.S.
143B-13 of the Executive Organization Act of 1973 or for good cause.
(b1) Chair.
– The Governor shall designate a member of the Commission to serve as chair.
(c) Compensation.
– The members of the Commission shall receive the usual and customary per diem allowed for the other members of boards and commissions of the State and as fixed in the Biennial Appropriation Act, and, in addition, the members of the Commission shall receive subsistence and travel expenses according to the prevailing State practice and as allowed and fixed by statute for such purposes, which said travel expenses shall also be allowed while going to or from any place of meeting or when on official business for the Commission.
The per diem payments made to each member of the Commission shall include necessary time spent in traveling to and from their places of residence within the State to any place of meeting or while traveling on official business for the Commission.shall receive per diem and necessary traveling and subsistence expenses in accordance with the provisions of G.S.
138-5.
(d) Meetings of Commission.
– The Commission shall meet at the call of the chair and shall hold special meetings at the call of a majority of the members.
(e) Quorum.
– The affirmative vote of seven members present at meetings of the Commission shall be necessary for action to be taken by the Commission.
(f) Staff.
– All clerical and other services required by the Commission shall be supplied by the Secretary of Environmental Quality.
(g) Office May Be Held Concurrently With Others.
– Membership on the Commission is hereby declared to be an office that may be held concurrently with other elective or appointive offices in addition to the maximum number of offices permitted to be held by one person under G.S.
128-1.1." SECTION 6.
Chapter 120 of the General Statutes is amended by adding a new Article to read:
Page 10 House Bill 579-First Edition General Assembly Of North Carolina Session 2023 "Article 37.
"Environmental Policy Council.
"§ 120-320.
Creation and membership of the Environmental Policy Council.
(a) The Environmental Policy Council is established.
The Council consists of the following members:
(1) One member appointed by the Governor who is a registered professional engineer licensed under Chapter 89C of the General Statutes with expertise in site development.
(2) One member appointed by the Governor who is a representative of nongovernmental conservation interests.
(3) One member appointed by the Governor, at large.
(4) One member appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate upon the recommendation of the North Carolina Home Builders Association.
(5) One member appointed by the General Assembly upon recommendation of the President Pro Tempore who is a registered professional engineer licensed under Chapter 89C of the General Statutes with expertise in stormwater and sedimentation and erosion control plan and design.
(6) One member appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate, at large.
(7) One member appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives who has experience in economic development.
(8) One member appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives upon recommendation of the Carolinas Branch, Associated General Contractors of America, or other similar organization.
(9) One member appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives, at large.
(10) A cochair of the House Environment Committee, appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives.
(11) A cochair of the Senate Committee on Agriculture, Energy, and the Environment, appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate.
(12) One member of the Senate appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate.
(13) One member of the House of Representatives appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives.
(14) The Secretary of Environmental Quality, or the Secretary's designee.
(15) The Chair of the Environmental Management Commission, or the Chair's designee.
(16) The Chair of the Sedimentation Control Commission, or the Chair's designee.
(17) The Chair of the Coastal Resources Commission, or the Chair's designee.
(b) Terms on the Council are for two years and begin on the convening of the General Assembly in each odd-numbered year.
Members may complete a term of service on the Council even if they do not seek reelection or are not reelected to the General Assembly, but resignation or removal from service in the General Assemblyconstitutes resignation or removal from service on the Council.
House Bill 579-First Edition Page 11 General Assembly Of North Carolina Session 2023 (c) A member continues to serve until a successor is appointed.
A vacancy shall be filled within 30 days by the officer who made the original appointment.
"§ 120-321.
Purpose and powers of Council.
(a) The Environmental Policy Council shall review:
(1) The efficacyof State and local programs regulating environmental and natural resource matters in North Carolina, and costs associated with those programs.
(2) Current federal laws and regulations for the protection of the environment or natural resources, and how those requirements are implemented by State and local entities.
(3) Proposed changes to federal laws and regulations for the protection of the environment or natural resources, and potential impacts from those proposed changes.
(b) TheEnvironmental PolicyCouncil shall makerecommendations for legislativeaction on a continuing basis on any of the matters set forth in subsection (a) of this section, and specifically legislative action to approve or disapprove the authority of any State agency, board, or commission to adopt rules that incorporate proposed changes to federal laws and regulations for the protection of the environment or natural resources by reference pursuant to G.S.
143B-279.4A(c).
"§ 120-322.
Subsistence and travel expenses.
The members of the Council who are members of the General Assembly shall receive subsistence and travel allowances at the rate set forth in G.S.
120-3.1.
Members who are officials or employees of the State of North Carolina shall receive subsistence and travel allowances at the rate set forth in G.S.
138-6.
All other members shall be paid the per diem allowances at the rates set forth in G.S.
138-5.
"§ 120-323.
Meetings;
quorum;
chair;
and staff.
(a) The Council mayhold its meetings in the State Legislative Building with theapproval of the Legislative Services Commission.
The Council may meet at any time upon the call of either cochairman, whether or not the General Assembly is in session.
(b) The affirmative vote of nine members present at meetings of the Council shall be necessary for action to be taken by the Council.
(c) Chair.
– A chair shall be elected by a majority vote of the Council to serve a term of two years.
(d) The Legislative Services Commission shall provide necessary professional and clerical assistance to the Council." DEQ TO INITIATE DISCUSSIONS WITH USEPA TO REVISE MEMORANDUM OF AGREEMENT(S) GOVERNING IMPLEMENTATION OF SEDIMENTATION REQUIREMENTS IN THE STATE SECTION 7.
No later than July 1, 2023, the Department of Environmental Quality shall notify the United States Environmental Protection Agency (USEPA) of its intent to initiate discussions to revise the National Pollutant Discharge Elimination System Memorandum of Agreement between the State of North Carolina and USEPA Region 4, and any other agreement with USEPA, that governs the State's Sedimentation Pollution Control Act of 1973 (Act), and its implementation of NPDES General Permit NCG010000 (NCG01) to streamline the regulatory requirements of the Act and NCG01 for the purpose of eliminating program redundancies to minimize(i)unnecessarycosts to, andduplicationofeffortsby, personsinitiatingland-disturbing activities, (ii) unnecessary delays in project development, and (iii) inefficient use of Department personnel and staff of local governments that administer delegated erosion and sedimentation control programs.
The Department shall report to the Environmental Policy Council on the status of their activities pursuant to this section quarterly, beginning August 1, 2024, until such time as the General Assembly repeals this reporting requirement.
Page 12 House Bill 579-First Edition General Assembly Of North Carolina Session 2023 2 DEQ TO REQUEST THAT USEPA CONSULT DEQ ON PROPOSED CHANGES TO ALL APPLICABLE FEDERAL REGULATIONS PRIOR TO NOTICE OF SAME IN THE FEDERAL REGISTER SECTION 8.
The Department shall report to the Environmental Review Commission on the status of their activities pursuant to this section quarterly, beginning August 1, 2023, until such time as the General Assembly repeals this reporting requirement.
The Department shall report to the Environmental Policy Council on the status of their activities pursuant to this section quarterly, beginning August 1, 2024, until such time as the General Assembly repeals this reporting requirement.
DEQ TO PROVIDE COPIES OF AGREEMENTS WITH USEPA, AND ASSOCIATED FUNDING INFORMATION SECTION 3.
DEQ TO PROVIDE COPIES OF AGREEMENTS WITH USEPA, AND ASSOCIATED FUNDING INFORMATION SECTION 9.
SEVERABILITY CLAUSE SECTION 4.
SEVERABILITY CLAUSE SECTION 10.
EFFECTIVE DATE House Bill 579-Second Edition Page 5 General Assembly Of North Carolina Session 2023 SECTION 5.
EFFECTIVE DATE SECTION 11.
Page 6 House Bill 579-Second Edition
House Bill 579-First Edition Page 13
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Action History

  1. Regular Message Sent To Senate

  2. Regular Message Received From House

  3. Passed 1st Reading

  4. Ref To Com On Rules and Operations of the Senate

  5. Reptd Fav

  6. Re-ref Com On Rules, Calendar, and Operations of the House

  7. Reptd Fav Com Sub 2

  8. Cal Pursuant Rule 36(b)

  9. Added to Calendar

  10. Passed 2nd Reading

  11. Passed 3rd Reading

  12. Reptd Fav Com Substitute

  13. Re-ref Com On Rules, Calendar, and Operations of the House

  14. Withdrawn From Com

  15. Re-ref to the Com on Finance, if favorable, Rules, Calendar, and Operations of the House

  16. Reptd Fav

  17. Re-ref Com On Regulatory Reform

  18. Passed 1st Reading

  19. Ref to the Com on Environment, if favorable, Regulatory Reform, if favorable, Rules, Calendar, and Operations of the House

  20. Filed

Sponsors

Sponsorship breakdown

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3 sponsors · 8 co-sponsors · 168 not signed on

Sponsors (3)

Co-sponsors (8)

Not signed on (168)

168 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

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Frequently asked questions

Who sponsors HB 579?
HB 579 is sponsored by Mark Brody (Republican), Saine, Jeff Zenger (Republican), Neal Jackson (Republican), Brian Biggs (Republican), Karl E. Gillespie (Republican), Keith Kidwell (Republican), Jeffrey C. McNeely (Republican), Ben T. Moss, Jr. (Republican), Bill Ward (Republican), and Carson Smith (Republican).
What is the current status of HB 579?
This bill died with 2023-2024 Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 579?
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