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