NCLM Legislative & Regulatory Report

Transcription

1 NCLM Legislative & Regulatory Report APWA-NC Stormwater Division Annual Conference September 16, 2013 Erin Wynia, NC League of Municipalities Legislative & Regulatory Issues Manager

2 2013 Legislative Long Session NCLM member involvement GOOD SESSION! Republican supermajorities = diminished opposition to legislative agenda House majority; Senate majority U.S. Senate race overshadows politics between two legislative chambers New legislators abound Senate: 30 members in 1 st or 2 nd term; 14 freshman House: 68 members in 1 st or 2 nd term; 42 freshman

3 Trivia Time! 1.Teams of four 2.15 questions 3.Be discreet when discussing answers 4.Winner gets swag honor system

4 Question #1: Reg Reform Between now and October 1, 2014, cities may not pass environment ordinances unless there is a unanimous vote of council members present and voting, and.

5 Question #2: Reg Reform This session, the legislature clarified who hears appeals of decisions by locally-delegated sedimentation/erosion control programs. Which entity likely now hears those appeals?

6 Question #3: Reg Reform Yes or No: Under a new law that defines built-upon area to exclude gravel, do local governments have to change their stormwater enterprise fee calculations so that graveled areas are excluded?

7 Question #4: Reg Reform Which units of government must work with DENR in examining technical plan review practices and the role of professional engineers? a. Local governments with state-delegated programs b. DOT c. DHHS d. (a) and (b) only e. All of the above

8 Question #5: Reg Reform Several laws modified fiscal note requirements for rulemaking. Which is NOT included in these changes? a. Always require a fiscal note with water quality rules b. No fiscal note for rule repeal c. No fiscal note for hydraulic fracturing rules d. Raise the impact threshold that triggers a fiscal note from $500,000 to $1 million

9 Question #6: Reg Reform In the review of rules process, the following three entities play a role: the state agency that passed the rule, the Rules Review Commission, and the Joint Legislative Administrative Procedure Oversight Committee. Which of those three entities decides whether a rule should remain in effect, expire, or be readopted?

10 Question #7: Legislative Which of the following embarrassing musical moments did NOT happen to either Erin or Mike? a. Erin played Father Time in the elementary school Christmas play. b. Unaccustomed to carrying and playing a heavy bass drum, Erin dropped out of the Raleigh Christmas parade in high school. c. Mike s band director took away his clarinet reeds during concerts. d. Mike s church choir director took away his hymnal during services.

11 Question #8: Legislative This session, the legislature abolished the previous N.C. Environmental Management Commission and restructured it. One change reduced the number of seats from nineteen to.

12 Question #9: Legislative The state budget created a new politically-appointed board, the State Water Infrastructure Authority, to make award decisions for State Revolving Fund (SRF) funds. True or false: Among its other powers, the SWIA may also recommend best management practices for water, wastewater, and stormwater systems.

13 Question #10: Legislative True or False: The fast-track permitting bill applies to cities and towns.

14 Question #11: Legislative Which of the following bills related to local government contracting did NOT become law? a. All contractors and subcontractors of a local government must comply with E- verify requirements b. Allowing design-build and public-private partnerships for non-transportation projects c. Option to award contracts for goods and services to local bidders if within 5% or $10,000 of the lowest bid, whichever is less. d. Requirement that no restrictions, like minimum wage or mandatory sick leave, may be placed on contractors that could not be placed on all private employers.

15 Question #12: Regulatory Which of these summer jobs did Erin actually do? a. Telemarketing for a pest control company b. Tour guide at Bennett Place Civil War Historic Site in Durham c. Enumerator for the U.S. Census d. Paid my siblings part of my allowance to do my chores for me

16 Question #13: Regulatory In March, the EMC approved a set of rules to allow more flexible buffer mitigation options, particularly in urban areas. True or False: DWR plans to propose another rulemaking to consolidate all of the state s various buffer rules.

17 Question #14: Regulatory At the urging of interest groups, including the League, the EMC is taking a more active role in development of the 303(d) list, including modifications to the state s use assessment.

18 Question #15: Regulatory As the administration shifted to McCrory/Skvarla in January, DENR was undertaking development of a new Nutrient Criteria Development Plan. Has EPA approved this plan?

19 NCLM Resources EcoLINC monthly environment electronic newsletter End-of-Session Bulletin Legal memos