North Carolina 2025-2026 Regular Session

North Carolina House Bill H870 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 1
4		-	HOUSE BILL 870
	3	+	H D
	4	+	HOUSE BILL DRH30350-MCf-189
	5	+
5	6
6	7
7	8		Short Title: Sedimentation Act & Other Env.'l Changes. (Public)
8		-	Sponsors: Representatives Brody, Adams, N. Jackson, and Zenger (Primary Sponsors).
9		-	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10		-	Referred to: Housing and Development, if favorable, Finance, if favorable, Rules, Calendar,
11		-	and Operations of the House
12		-	April 10, 2025
13		-	H870 -v-1
	9	+	Sponsors: Representative Brody.
	10	+	Referred to:
	11	+
	12	+	DRH30350 -MCf-189
14	13		A BILL TO BE ENTITLED 1
15	14		AN ACT TO AMEND SEDIMENTATION CONTROL PERMITTING REQUIREMENTS, TO 2
16	15		ESTABLISH NEW REQUIREMENTS FOR MEMORANDUMS OF AGREEMENT 3
17	16		BETWEEN THE DEPARTMENT OF ENVIRONMENTAL QUALITY AND THE 4
18	17		UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, AND TO MAKE 5
19	18		OTHER CHANGES TO THE ADMINISTRATION OF ENVIRONMENTAL PROGRAMS 6
20	19		IN NORTH CAROLINA. 7
21	20		The General Assembly of North Carolina enacts: 8
22	21		9
23	22		MEMORANDUM OF AGREEMENTS BETWEEN DEQ AND USEPA TO REQUIRE 10
24	23		GENERAL ASSEMBLY APPROVAL 11
25	24		SECTION 1.(a) Article 7 of Chapter 143B of the General Statutes is amended by 12
26	25		adding a new section to read: 13
27	26		"§ 143B-279.4B. Requirements for Department administration of federally delegated 14
28	27		environmental programs. 15
29	28		All memorandums of agreement between the United States Environmental Protection 16
30	29		Agency and the Department of Environmental Quality, the Environmental Management 17
31	30		Commission, the Coastal Resources Commission, the Sedimentation Control Commission, and 18
32	31		any other board or commission charged under the State's statutes with implementation of State 19
33	32		or federal environmental law shall, prior to execution, require approval of the General Assembly 20
34	33		by majority vote of the Senate and the House of Representatives. The Governor shall transmit 21
35	34		any proposed memorandums of agreements of this nature, or modifications to such agreements, 22
36	35		to the presiding officers of the Senate and the House of Representatives for confirmation by joint 23
37	36		resolution. Implementation of the terms of such agreements shall be prohibited absent 24
38	37		confirmation by the General Assembly." 25
39	38		SECTION 1.(b) G.S. 143B-279.4B, as enacted by subsection (a) of this section, shall 26
40	39		apply to memorandums of agreement, or modifications to such agreements, proposed for 27
41	40		execution on or after the effective date of this act. 28
42	41		29
43	42		DEQ TO INITIATE DISCUSSIONS WITH USEPA TO REVISE MEMORANDUM OF 30
44	43		AGREEMENT(S) GOVERNING IMPLEMENTATION OF SEDIMENTATION 31
45	44		REQUIREMENTS IN THE STATE 32
46	45		SECTION 2. No later than October 1, 2025, the Department of Environmental 33
47		-	Quality shall notify the United States Environmental Protection Agency (USEPA) of its intent to 34 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 870-First Edition
49		-	initiate discussions to revise the National Pollutant Discharge Elimination System Memorandum 1
50		-	of Agreement between the State of North Carolina and USEPA Region 4, and any other 2
51		-	agreement with USEPA, that governs the State's Sedimentation Pollution Control Act of 1973 3
52		-	(Act), and its implementation of NPDES General Permit NCG010000 (NCG01) to streamline the 4
53		-	regulatory requirements of the Act and NCG01 for the purpose of eliminating program 5
54		-	redundancies to minimize (i) unnecessary costs to, and duplication of efforts by, persons 6
55		-	initiating land-disturbing activities, (ii) unnecessary delays in project development, and (iii) 7
56		-	inefficient use of Department personnel and staff of local governments that administer delegated 8
57		-	erosion and sedimentation control programs. The Speaker of the House of Representatives and 9
58		-	the President Pro Tempore of the Senate may each appoint a person to participate in the 10
59		-	discussions, and the Department shall provide notice of and access to all discussions and 11
60		-	materials related to the negotiations. The appointees shall report to the Speaker of the House of 12
61		-	Representatives and the President Pro Tempore of the Senate on the progress and results of the 13
62		-	discussions. The Department shall report to the Environmental Policy Council on the status of 14
63		-	their activities pursuant to this section quarterly, beginning January 1, 2026, until such time as 15
64		-	the General Assembly repeals this reporting requirement. 16
65		-	17
66		-	DEQ TO REQUEST THAT USEPA CONSULT DEQ ON PROPOSED CHANGES TO 18
67		-	ALL APPLICABLE FEDERAL REGULATIONS PRIOR TO NOTICE OF SAME IN 19
68		-	THE FEDERAL REGISTER 20
69		-	SECTION 3. No later than October 1, 2025, the Department of Environmental 21
70		-	Quality shall request that the United States Environmental Protection Agency (USEPA) consult 22
71		-	with the Department on any proposed changes to federal regulations that would impact the State's 23
72		-	administration of federal environmental programs in North Carolina, prior to the USEPA's notice 24
73		-	of such proposed changes in the Federal Register, so that the State may have opportunity for 25
74		-	meaningful collaborative input on development of regulations that it may be charged with 26
75		-	administering. The Department shall report to the Environmental Policy Council on the status of 27
76		-	their activities pursuant to this section quarterly, beginning January 1, 2026, until such time as 28
77		-	the General Assembly repeals this reporting requirement. 29
78		-	30
79		-	DEQ TO PROVIDE COPIES OF AGREEMENTS WITH USEPA AND ASSOCIATED 31
80		-	FUNDING INFORMATION 32
81		-	SECTION 4. No later than October 1, 2025, the Department of Environmental 33
82		-	Quality shall submit copies of any agreements executed between the Department and the United 34
83		-	States Environmental Protection Agency that govern the State's administration of programs under 35
84		-	the Clean Water Act to the House Local Government – Land Use, Planning and Development 36
85		-	Committee. In addition, the Department shall provide information to the Committee on: 37
86		-	(1) Any federal funds received by the State in connection with the State's 38
87		-	administration of such programs, and all federal requirements for receipt of 39
88		-	such funds; and 40
89		-	(2) The adequacy of funding from all sources to fully implement the requirements 41
90		-	of such agreements. 42
91		-	43
92		-	SEVERABILITY CLAUSE 44
93		-	SECTION 5. If any section or provision of this act is declared unconstitutional or 45
94		-	invalid by the courts, it does not affect the validity of this act as a whole or any part other than 46
95		-	the part declared to be unconstitutional or invalid. 47
96		-	48
97		-	EFFECTIVE DATE 49
98		-	SECTION 6. Except as otherwise provided, this act is effective when it becomes 50
99		-	law. 51
	46	+	Quality shall notify the United States Environmental Protection Agency (USEPA) of its intent to 34
	47	+	initiate discussions to revise the National Pollutant Discharge Elimination System Memorandum 35
	48	+	of Agreement between the State of North Carolina and USEPA Region 4, and any other 36
	49	+	H.B. 870
	50	+	Apr 9, 2025
	51	+	HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	52	+	Page 2 DRH30350-MCf-189
	53	+	agreement with USEPA, that governs the State's Sedimentation Pollution Control Act of 1973 1
	54	+	(Act), and its implementation of NPDES General Permit NCG010000 (NCG01) to streamline the 2
	55	+	regulatory requirements of the Act and NCG01 for the purpose of eliminating program 3
	56	+	redundancies to minimize (i) unnecessary costs to, and duplication of efforts by, persons 4
	57	+	initiating land-disturbing activities, (ii) unnecessary delays in project development, and (iii) 5
	58	+	inefficient use of Department personnel and staff of local governments that administer delegated 6
	59	+	erosion and sedimentation control programs. The Speaker of the House of Representatives and 7
	60	+	the President Pro Tempore of the Senate may each appoint a person to participate in the 8
	61	+	discussions, and the Department shall provide notice of and access to all discussions and 9
	62	+	materials related to the negotiations. The appointees shall report to the Speaker of the House of 10
	63	+	Representatives and the President Pro Tempore of the Senate on the progress and results of the 11
	64	+	discussions. The Department shall report to the Environmental Policy Council on the status of 12
	65	+	their activities pursuant to this section quarterly, beginning January 1, 2026, until such time as 13
	66	+	the General Assembly repeals this reporting requirement. 14
	67	+	15
	68	+	DEQ TO REQUEST THAT USEPA CONSULT DEQ ON PROPOSED CHANGES TO 16
	69	+	ALL APPLICABLE FEDERAL REGULATIONS PRIOR TO NOTICE OF SAME IN 17
	70	+	THE FEDERAL REGISTER 18
	71	+	SECTION 3. No later than October 1, 2025, the Department of Environmental 19
	72	+	Quality shall request that the United States Environmental Protection Agency (USEPA) consult 20
	73	+	with the Department on any proposed changes to federal regulations that would impact the State's 21
	74	+	administration of federal environmental programs in North Carolina, prior to the USEPA's notice 22
	75	+	of such proposed changes in the Federal Register, so that the State may have opportunity for 23
	76	+	meaningful collaborative input on development of regulations that it may be charged with 24
	77	+	administering. The Department shall report to the Environmental Policy Council on the status of 25
	78	+	their activities pursuant to this section quarterly, beginning January 1, 2026, until such time as 26
	79	+	the General Assembly repeals this reporting requirement. 27
	80	+	28
	81	+	DEQ TO PROVIDE COPIES OF AGREEMENTS WITH USEPA AND ASSOCIATED 29
	82	+	FUNDING INFORMATION 30
	83	+	SECTION 4. No later than October 1, 2025, the Department of Environmental 31
	84	+	Quality shall submit copies of any agreements executed between the Department and the United 32
	85	+	States Environmental Protection Agency that govern the State's administration of programs under 33
	86	+	the Clean Water Act to the House Local Government – Land Use, Planning and Development 34
	87	+	Committee. In addition, the Department shall provide information to the Committee on: 35
	88	+	(1) Any federal funds received by the State in connection with the State's 36
	89	+	administration of such programs, and all federal requirements for receipt of 37
	90	+	such funds; and 38
	91	+	(2) The adequacy of funding from all sources to fully implement the requirements 39
	92	+	of such agreements. 40
	93	+	41
	94	+	SEVERABILITY CLAUSE 42
	95	+	SECTION 5. If any section or provision of this act is declared unconstitutional or 43
	96	+	invalid by the courts, it does not affect the validity of this act as a whole or any part other than 44
	97	+	the part declared to be unconstitutional or invalid. 45
	98	+	46
	99	+	EFFECTIVE DATE 47
	100	+	SECTION 6. Except as otherwise provided, this act is effective when it becomes 48
	101	+	law. 49