A BILL TO BE ENTITLED
AN ACT to amend certain environmental, natural resources, and other laws.
The General Assembly of North Carolina enacts:

PROHIBIT CERTAIN STORMWATER CONTROL MEASURES
SECTION 1.(a)  Until the effective date of the revised permanent rule that the Environmental Management Commission is required to adopt pursuant to subsection (c) of this section, the Commission and the Department of Environmental Quality shall implement 15A NCAC 02H .0506 (Review of Applications) as provided in subsection (b) of this section.
SECTION 1.(b)  Notwithstanding 15A NCAC 02H .0506(b)(5) and 15A NCAC 02H .0506(c)(5), the Director of the Division of Water Resources shall not require the use of on‑site stormwater control measures to protect downstream water quality standards, except as required by State or federal law.
SECTION 1.(c)  The Environmental Management Commission shall adopt rules to amend 15A NCAC 02H .0506 (Review of Applications) consistent with subsection (b) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (b) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B‑21.3(b2).
SECTION 1.(d)  This section is effective when it becomes law. Subsection (b) of this section expires on the date that rules adopted pursuant to subsection (c) of this section become effective.

EXEMPT LANDSCAPING MATERIAL FROM STORMWATER MANAGEMENT REQUIREMENTS
SECTION 2.  G.S. 143‑214.7(b2) reads as rewritten:
"(b2)	For purposes of implementing stormwater programs, "built‑upon area" means impervious surface and partially impervious surface to the extent that the partially impervious surface does not allow water to infiltrate through the surface and into the subsoil. "Built‑upon area" does not include a slatted deck; the water area of a swimming pool; a surface of number 57 stone, as designated by the American Society for Testing and Materials, laid at least four inches thick over a geotextile fabric; a trail as defined in G.S. 113A‑85 that is either unpaved or paved as long as the pavement is porous with a hydraulic conductivity greater than 0.001 centimeters per second (1.41 inches per hour); or landscaping material, including, but not limited to, gravel, mulch, sand, and vegetation, placed on areas that receive pedestrian or bicycle traffic or on portions of driveways and parking areas that will not receive the full weight of vehicular traffic. The owner or developer of a property may opt out of any of the exemptions from "built‑upon area" set out in this subsection. For State stormwater programs and local stormwater programs approved pursuant to subsection (d) of this section, all of the following shall apply:
(1)	The volume, velocity, and discharge rates of water associated with the one‑year, 24‑hour storm and the difference in stormwater runoff from the predevelopment and postdevelopment conditions for the one‑year, 24‑hour storm shall be calculated using any acceptable engineering hydrologic and hydraulic methods.
(2)	Development may occur within the area that would otherwise be required to be placed within a vegetative buffer required by the Commission pursuant to G.S. 143‑214.1 and G.S. 143‑214.7 to protect classified shellfish waters, outstanding resource waters, and high‑quality waters provided the stormwater runoff from the development is collected and treated from the entire impervious area and discharged so that it passes through the vegetative buffer and is managed so that it otherwise complies with all applicable State and federal stormwater management requirements.
(3)	The requirements that apply to development activities within one‑half mile of and draining to Class SA waters or within one‑half mile of Class SA waters and draining to unnamed freshwater tributaries shall not apply to development activities and associated stormwater discharges that do not occur within one‑half mile of and draining to Class SA waters or are not within one‑half mile of Class SA waters and draining to unnamed freshwater tributaries."

STORMWATER CONTROL SYSTEM DESIGN REGULATION
SECTION 3.(a)  G.S. 143‑214.7B reads as rewritten:
"§ 143‑214.7B.  Fast‑track permitting for stormwater management systems.
The Commission shall adopt rules to establish a fast‑track permitting process that allows for the issuance of stormwater management system permits without a technical review when the permit applicant (i) complies with the Minimum Design Criteria for stormwater management developed by the Department and (ii) submits a permit application prepared by a qualified professional. In developing the rules, the Commission shall consult with a technical working group that consists of industry experts, engineers, environmental consultants, relevant faculty from The University of North Carolina, and other interested stakeholders. The rules shall, at a minimum, provide for all of the following:
(1)	A process for permit application, review, and determination.
(2)	The types of professionals that are qualified to prepare a permit application submitted pursuant to this section and the types of qualifications such professionals must have. The Commission shall include the following professionals who meet the North Carolina licensing requirements applicable to the type of stormwater management system proposed:
a.	Landscape architects licensed pursuant to Chapter 89A of the General Statutes.
b.	Engineers licensed pursuant to Chapter 89C of the General Statutes.
c.	Geologists licensed pursuant to Chapter 89E of the General Statutes.
d.	Soil scientists licensed pursuant to Chapter 89F of the General Statutes.
e.	Any other licensed profession that the Commission deems appropriate.
(3)	A process for ensuring compliance with the Minimum Design Criteria.
(4)	That permits issued pursuant to the fast‑track permitting process comply with State water quality standards adopted pursuant to G.S. 143‑214.1, 143‑214.7, and 143‑215.3(a)(1).
(5)	A process for establishing the liability of a qualified professional who prepares a permit application for a stormwater management system that fails to comply with the Minimum Design Criteria."
SECTION 3.(b)  The Environmental Management Commission shall amend its rules to implement subsection (a) of this section no later than July 1, 2017.

AMEND STREAM MITIGATION REQUIREMENTS
SECTION 4.(a)  The Environmental Management Commission shall amend its rules so that mitigation is not required for losses of 300 linear feet or less of stream bed; for losses of more than 300 linear feet of stream bed, mitigation shall not be required for 300 linear feet of those losses; and a lower mitigation threshold may be applied in the case of a legally binding federal policy. The Commission shall adopt temporary rules as soon as practicable to implement this section.
SECTION 4.(b)  During the time period for public comment specified by the Wilmington District of the United States Army Corps of Engineers in its published notice of the proposed 2017 five‑year reauthorization of Nationwide Permits issued pursuant to Section 404(e) of the Clean Water Act, the Department of Environmental Quality shall submit written comments to the Washington, D.C., Headquarters and the Wilmington District Office of the United States Army Corps of Engineers on behalf of the State in support of the Wilmington District adopting Regional Conditions that will increase the threshold for the requirement of mitigation for loss of stream bed of perennial or ephemeral/intermittent streams from 150 linear feet to 300 linear feet. The written comments shall include a history of why the current threshold of 150 linear feet exists in North Carolina, shall outline the thresholds that exist in other jurisdictions, and shall note that the State has established a 300 linear foot mitigation threshold.

COASTAL RESOURCES COMMISSION RULES ON TEMPORARY EROSION CONTROL STRUCTURES
SECTION 5.(a)  Sections 14.6(p) and 14.6(q) of S.L. 2015‑241 are repealed.
SECTION 5.(b)  The Coastal Resources Commission shall adopt temporary rules for the use of temporary erosion control structures consistent with the amendments to the temporary erosion control structure rules adopted by the Commission as agenda item CRC‑16‑23 on May 11, 2016, with any further modifications in the Commission's discretion. The Commission shall also adopt permanent rules to implement this section.

DIRECT THE COASTAL RESOURCES COMMISSION TO AMEND THE SEDIMENT CRITERIA RULE TO EXEMPT SEDIMENT FROM CAPE SHOAL SYSTEMS
SECTION 6.(a)  Definitions. – "Sediment Criteria Rule" means 15A NCAC 07H .0312 (Technical Standards for Beach Fill Projects) for purposes of this section and its implementation.
SECTION 6.(b)  Sediment Criteria Rule. – Until the effective date of the revised permanent rule that the Coastal Resources Commission is required to adopt pursuant to subsection (d) of this section, the Commission and the Department of Environmental Quality shall implement the Sediment Criteria Rule, as provided in subsection (c) of this section.
SECTION 6.(c)  Implementation. – The Commission shall exempt from the permitting requirements of the Sediment Criteria Rule any sediment in the cape shoal systems used as a borrow site and any portion of an oceanfront beach that receives sediment from the cape shoal systems. For purposes of this section, "cape shoal systems" includes the Frying Pan Shoals at Cape Fear, Lookout Shoals at Cape Lookout, and Diamond Shoals at Cape Hatteras.
SECTION 6.(d)  Additional Rule‑Making Authority. – The Commission shall adopt a rule to amend the Sediment Criteria Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B‑21.3(b2).
SECTION 6.(e)  Sunset. – This section expires when permanent rules adopted as required by subsection (d) of this section become effective.

DIVISION OF COASTAL MANAGEMENT TO STUDY CURRENT LONG‑TERM EROSION RATES ADJACENT TO TERMINAL GROINS
SECTION 7.  The Division of Coastal Management of the Department of Environmental Quality, in consultation with the Coastal Resources Commission, shall study the change in erosion rates directly adjacent to existing and newly constructed terminal groins to determine whether long‑term erosion rates, currently in effect in accordance with 15A NCAC 07H .0304 (AECS Within Ocean Hazard Areas) should be adjusted to reflect any mitigation of shoreline erosion resulting from the installation of the terminal groins. The Division shall report on the results of the study to the Environmental Review Commission on or before December 31, 2016.

SOLID WASTE AMENDMENTS
SECTION 8.(a)  Section 4.9(a) of S.L. 2015‑286 reads as rewritten:
"SECTION 4.9.(a)  Section 14.20(a) of S.L. 2015‑241 is rewritten to read:
...."
SECTION 8.(b)  Section 4.9(b) of S.L. 2015‑286 reads as rewritten:
"SECTION 4.9.(b)  Section 14.20(c) of S.L. 2015‑241 is rewritten to read:
...."
SECTION 8.(c)  Section 4.9(c) of S.L. 2015‑286 reads as rewritten:
"SECTION 4.9.(c)  Section 14.20(d) of S.L. 2015‑241 is rewritten to read:
...."
SECTION 8.(d)  Section 4.9(d) of S.L. 2015‑286 reads as rewritten:
"SECTION 4.9.(d)  Section 14.20(f) of S.L. 2015‑241 is rewritten to read:
...."
SECTION 8.(e)  Section 14.20(e) of S.L. 2015‑241 reads as rewritten:
"SECTION 14.20.(e)  After July 1, 2016, the annual fee due pursuant to G.S. 130A‑295.8(d1), as enacted by Section 14.20(c) of this act, for existing sanitary landfills and transfer stations with a valid permit issued before the date this act becomes effective is equal to the applicable annual fee for the facility as set forth in G.S. 130A‑295.8(d1), as enacted by Section 14.20(c) of this act, less a permittee fee credit. A permittee fee credit exists when the life‑of‑site permit fee amount is greater than the time‑limited permit fee amount. The amount of the permittee fee credit shall be calculated by (i) subtracting the time‑limited permit fee amount from the life‑of‑site permit fee amount due for the same period of time and (ii) multiplying the difference by a fraction, the numerator of which is the number of years remaining in the facility's time‑limited permit and the denominator of which is the total number of years covered by the facility's time‑limited permit. The amount of the permittee fee credit shall be allocated in equal annual installments over the number of years that constitute the facility's remaining life‑of‑site, as determined by the Department, unless the Department accelerates, in its sole discretion, the use of the credit over a shorter period of time. For purposes of this subsection, the following definitions apply:
(1)	Life‑of‑site permit fee amount. – The amount equal to the sum of all annual fees that would be due under the fee structure set forth in G.S. 130A‑295.8(d1), as enacted by Section 14.20(c) of this act, during the cycle of the facility's permit in effect on July 1, 2016.
(2)	Time‑limited permit fee amount. – The amount equal to the sum of the application fee or renewal fee, whichever is applicable, and all annual fees paid or to be paid pursuant to subsections (c) and (d) of G.S. 130A‑295.8, as repealed by Section 14.20(c) of this act, during the cycle of the facility's permit in effect on July 1, 2016.
The Department shall adopt rules to implement this subsection."
SECTION 9.(a)  Section 14.20(f) of S.L. 2015‑241, as amended by Section 4.9(d) of S.L. 2015‑286, reads as rewritten:
"SECTION 14.20.(f)  This section becomes effective October 1, 2015. G.S. 130A‑294(b1)(2), as amended by subsection (a) of this section, applies to franchise agreements (i) executed on or after October 1, 2015, and (ii) executed on or before October 1, 2015, only if all parties to a valid and operative franchise agreement consent to modify the agreement for the purpose of extending the agreement's duration to the life‑of‑site of the landfill for which the agreement was executed. The remainder of G.S. 130A‑294, as amended by subsection (a) of this section, and G.S. 130A‑295.8, as amended by subsection (c) of this section, apply to (i) existing sanitary landfills and transfer stations, with a valid permit issued before the date this act becomes effective, on July 1, 2016, at which point a permittee  may choose to apply for a life‑of‑site permit pursuant to G.S. 130A‑294(a2), as amended by Section 14.20(b) of this act, or may choose to apply for a life‑of‑site permit for the facility when the facility's permit is next subject to renewal after July 1, 2016, (ii) new sanitary landfills and transfer stations, for applications submitted on or after July 1, 2016, and (iii) applications for sanitary landfills or transfer stations submitted before July 1, 2015, and pending on the date this act becomes law shall be evaluated by the Department based on the applicable laws that were in effect on July 1, 2015, and the Department shall not delay in processing such permit applications in consideration of changes made by this act, but such landfills and transfer stations shall be eligible for issuance of life‑of‑site permits pursuant to G.S. 130A‑294(a2), as amended by Section 14.20(b) of this act, on July 1, 2016, at which point a permittee may choose to apply for a life‑of‑site permit pursuant to G.S. 130A‑294(a2), as amended by Section 14.20(b) of this act, or may choose to apply for a life‑of‑site permit for the facility when the facility's permit is next subject to renewal after July 1, 2016."
SECTION 9.(b)  G.S. 130A‑294(b1)(2) reads as rewritten:
"(2)	A person who intends to apply for a new permit for a sanitary landfill shall obtain, prior to applying for a permit, a franchise for the operation of the sanitary landfill from each local government having jurisdiction over any part of the land on which the sanitary landfill and its appurtenances are located or to be located. A local government may adopt a franchise ordinance under G.S. 153A‑136 or G.S. 160A‑319. A franchise granted for a sanitary landfill shall (i) be granted for the life‑of‑site of the landfill, but for a period not to exceed 60 years, and (ii) include all of the following:
a.	A statement of the population to be served, including a description of the geographic area.
b.	A description of the volume and characteristics of the waste stream.
c.	A projection of the useful life of the sanitary landfill.
d.	Repealed by Session Laws 2013‑409, s. 8, effective August 23, 2013.
e.	The procedures to be followed for governmental oversight and regulation of the fees and rates to be charged by facilities subject to the franchise for waste generated in the jurisdiction of the franchising entity.
f.	A facility plan for the sanitary landfill that shall include the boundaries of the proposed facility, proposed development of the facility site, the boundaries of all waste disposal units, final elevations and capacity of all waste disposal units, the amount of waste to be received per day in tons, the total waste disposal capacity of the sanitary landfill in tons, a description of environmental controls, and a description of any other waste management activities to be conducted at the facility. In addition, the facility plan shall show the proposed location of soil borrow areas, leachate facilities, and all other facilities and infrastructure, including ingress and egress to the facility."
SECTION 9.(c)  G.S. 160A‑319(a) reads as rewritten:
"§ 160A‑319.  Utility franchises.
(a)	A city shall have authority to grant upon reasonable terms franchises for a telephone system and any of the enterprises listed in G.S. 160A‑311, except a cable television system. A franchise granted by a city authorizes the operation of the franchised activity within the city. No franchise shall be granted for a period of more than 60 years, including a franchise granted to a sanitary landfill for the life‑of‑site of the landfill pursuant to G.S. 130A‑294(b1); provided, however, that a franchise for solid waste collection or disposal systems and facilities, other than sanitary landfills, shall not be granted for a period of more than 30 years. Except as otherwise provided by law, when a city operates an enterprise, or upon granting a franchise, a city may by ordinance make it unlawful to operate an enterprise without a franchise."
SECTION 9.(d)  G.S. 153A‑136 reads as rewritten:
"§ 153A‑136.  Regulation of solid wastes.
(a)	A county may by ordinance regulate the storage, collection, transportation, use, disposal, and other disposition of solid wastes. Such an ordinance may:
...
(3)	Grant a franchise to one or more persons for the exclusive right to commercially collect or dispose of solid wastes within all or a defined portion of the county and prohibit any other person from commercially collecting or disposing of solid wastes in that area. The board of commissioners may set the terms of any franchise; provided, however, no franchise shall be granted for a period of more than 30 years, except for a franchise granted to a sanitary landfill for the life‑of‑site of the landfill pursuant to G.S. 130A‑294(b1), which may not exceed 60 years. No franchise by its terms may impair the authority of the board of commissioners to regulate fees as authorized by this section.
...."
SECTION 9.(e)  Section 9(a) of this act applies to franchise agreements (i) executed on or after October 1, 2015, and (ii) executed on or before October 1, 2015, only if all parties to a valid and operative agreement consent to modify the agreement for the purpose of extending the agreement's duration of the life‑of‑site of the landfill for which the agreement was executed.
SECTION 10.  The Division of Waste Management of the Department of Environmental Quality shall examine whether solid waste management activities in the State are being conducted in a manner most beneficial to the citizens of the State in terms of efficiency and cost‑effectiveness, with a focus on solid waste disposal capacity across the State, particularly, areas of the State that have insufficient disposal capacity, as well as areas of the State with disposal capacity that is underutilized, resulting in transport of waste to other jurisdictions.  The Department shall develop economic estimates of the short‑ and long‑term costs of waste transport in these situations versus full utilization of capacity, or expansion of capacity, in the originating jurisdiction. The Department shall also provide information on landfill capacity that is permitted but not yet constructed and expansion opportunities for future landfill capacity. The Department shall submit a report, including any legislative recommendations, to the Environmental Review Commission no later than December 31, 2016.
SECTION 11.  G.S. 130A‑294(a) reads as rewritten:
"§ 130A‑294.  Solid waste management program.
(a)	The Department is authorized and directed to engage in research, conduct investigations and surveys, make inspections and establish a statewide solid waste management program. In establishing a program, the Department shall have authority to:
...
(4)	a.	Develop a permit system governing the establishment and operation of solid waste management facilities. A landfill with a disposal area of 1/2 acre or less for the on‑site disposal of land clearing and inert debris is exempt from the permit requirement of this section and shall be governed by G.S. 130A‑301.1. Demolition debris from the decommissioning of manufacturing buildings, including electric generating stations, that is disposed of on the same site as the decommissioned buildings, is exempt from the permit requirement of this section and rules adopted pursuant to this section and shall be governed by G.S. 130A‑301.3. The Department shall not approve an application for a new permit, major permit modification, or a substantial amendment to a permit for a sanitary landfill, excluding demolition landfills as defined in the rules of the Commission, except as provided in subdivisions (3) and (4) of subsection (b1) of this section. No permit shall be granted for a solid waste management facility having discharges that are point sources until the Department has referred the complete plans and specifications to the Commission and has received advice in writing that the plans and specifications are approved in accordance with the provisions of G.S. 143‑215.1. In any case where the Department denies a permit for a solid waste management facility, it shall state in writing the reason for denial and shall also state its estimate of the changes in the applicant's proposed activities or plans that will be required for the applicant to obtain a permit.
b.	Repealed by Session Laws 2007‑550, s. 1(a), effective August 1, 2007.
c.	The Department shall deny an application for a permit for a solid waste management facility if the Department finds that:
1.	Construction or operation of the proposed facility would be inconsistent with or violate rules adopted by the Commission.
2.	Construction or operation of the proposed facility would result in a violation of water quality standards adopted by the Commission pursuant to G.S. 143‑214.1 for waters, as defined in G.S. 143‑213.
3.	Construction or operation of the facility would result in significant damage to ecological systems, natural resources, cultural sites, recreation areas, or historic sites of more than local significance. These areas include, but are not limited to, national or State parks or forests; wilderness areas; historic sites; recreation areas; segments of the natural and scenic rivers system; wildlife refuges, preserves, and management areas; areas that provide habitat for threatened or endangered species; primary nursery areas and critical fisheries habitat designated by the Marine Fisheries Commission; and Outstanding Resource Waters designated by the Commission.
4.	Construction or operation of the proposed facility would substantially limit or threaten access to or use of public trust waters or public lands.
5.	The proposed facility would be located in a natural hazard area, including a floodplain, a landslide hazard area, or an area subject to storm surge or excessive seismic activity, such that the facility will present a risk to public health or safety.
6.	There is a practical alternative that would accomplish the purposes of the proposed facility with less adverse impact on public resources, considering engineering requirements and economic costs.
7.	The cumulative impacts of the proposed facility and other facilities in the area of the proposed facility would violate the criteria set forth in sub‑sub‑subdivisions 2. through 5. of this sub‑subdivision.
8.	Construction or operation of the proposed facility would be inconsistent with the State solid waste management policy and goals as set out in G.S. 130A‑309.04 and with the State solid waste management plan developed as provided in G.S. 130A‑309.07.
9.	The cumulative impact of the proposed facility, when considered in relation to other similar impacts of facilities located or proposed in the community, would have a disproportionate adverse impact on a minority or low‑income community protected by Title VI of the federal Civil Rights Act of 1964. This subdivision shall apply only to the extent required by federal law.
d.	Management of land clearing debris burned in accordance with 15A NCAC 02D.1903 shall not require a permit pursuant to this section.
e.	For the purpose of the disposal of leachate and wastewater collected from a sanitary landfill, the Department shall approve aerosolization of such leachate and wastewater as an acceptable method of disposal. Aerosolization of leachate or wastewater that results in effluent free‑production or a zero liquid discharge does not constitute a discharge that requires a permit under either Article 21 or Article 21B of Chapter 143 of the General Statutes."
SECTION 12.  Except as otherwise provided, Sections 8 and 9 of this act are effective retroactively to July 1, 2015. Sections 10, 11, and 12 are effective when this act becomes law.

FARRIERS/HORSESHOEING
SECTION 13.  G.S. 90‑187.10 is amended by adding a new subdivision to read:
"§ 90‑187.10.  Necessity for license; certain practices exempted.
No person shall engage in the practice of veterinary medicine or own all or part interest in a veterinary medical practice in this State or attempt to do so without having first applied for and obtained a license for such purpose from the North Carolina Veterinary Medical Board, or without having first obtained from the Board a certificate of renewal of license for the calendar year in which the person proposes to practice and until the person shall have been first licensed and registered for such practice in the manner provided in this Article and the rules and regulations of the Board.
Nothing in this Article shall be construed to prohibit:
...
(11)	Any farrier or person actively engaged in the activity or profession of shoeing hooved animals as long as his or her actions are limited to the art of shoeing hooved animals or trimming, clipping, or maintaining hooves."

WILDLIFE RESOURCES COMMISSION, DIVISION OF MARINE FISHERIES, and utilities commission PRIVATE IDENTIFYING INFORMATION
SECTION 14.(a)  G.S. 143‑254.5 reads as rewritten:
"§ 143‑254.5.  Disclosure of personal identifying information.
Social security numbers and identifying information obtained by the Commission shall be treated as provided in G.S. 132‑1.10. For purposes of this section, "identifying information" also includes a person's mailing address, residence address, e‑mail address, Commission‑issued customer identification number, date of birth, and telephone number."
SECTION 14.(b)  G.S. 143B‑289.52(h) reads as rewritten:
"§ 143B‑289.52.  Marine Fisheries Commission – powers and duties.
...
(h)	Social security numbers and identifying information obtained by the Commission or the Division of Marine Fisheries shall be treated as provided in G.S. 132‑1.10. For purposes of this subsection, "identifying information" also includes a person's mailing address, residence address, e‑mail address, Commission‑issued customer identification number, date of birth, and telephone number."
SECTION 14.(c)  Chapter 132 of the General Statutes is amended by adding a new section to read:
"§ 132‑1.14.  Personally identifiable information of public utility customers.
(a)	Except as otherwise provided in this section, a public record, as defined by G.S. 132‑1, does not include personally identifiable information obtained by the Public Staff of the Utilities Commission from customers requesting assistance from the Public Staff regarding rate or service disputes with a public utility, as defined by G.S. 62‑3(23).
(b)	The Public Staff may disclose personally identifiable information of a customer to the public utility involved in the matter for the purpose of investigating such disputes.
(c)	Such personally identifiable information is a public record to the extent disclosed by the customer in a complaint filed with the Commission pursuant to G.S. 62‑73.
(d)	For purposes of this section, "personally identifiable information" means the customer's name, physical address, e‑mail address, telephone number, and public utility account number."
SECTION 14.(d)  This section becomes effective October 1, 2016.

REGULATION AND DISPOSITION OF CERTAIN REPTILES
SECTION 15.(a)  G.S. 14‑419 reads as rewritten:
"§ 14‑419.  Investigation of suspected violations; seizure and examination of reptiles; disposition of reptiles.
(a)	In any case in which any law‑enforcement officer or animal control officer has probable cause to believe that any of the provisions of this Article have been or are about to be violated, it shall be the duty of the officer and the officer is authorized, empowered, and directed to immediately investigate the violation or impending violation and to consult with representatives of the North Carolina Museum of Natural Sciences or the North Carolina Zoological Park or a designated representative of either the Museum or Zoological Park to identify appropriate and safe methods to seize the reptile or reptiles involved, to seize the reptile or reptiles involved, and the officer is authorized and directed to deliver: (i) a reptile believed to be venomous to the North Carolina State Museum of Natural Sciences or to its designated representative for examination for the purpose of ascertaining whether the reptile is regulated under this Article; and, (ii) a reptile believed to be a large constricting snake or crocodilian to the North Carolina Zoological Park or to its designated representative for the purpose of ascertaining whether the reptile is regulated under this Article. In any case in which a law enforcement officer or animal control officer determines that there is an immediate risk to public safety, the officer shall not be required to consult with representatives of the North Carolina Museum of Natural Sciences or the North Carolina Zoological Park as provided by this subsection and may kill the reptile.
(b)	If the Museum or the Zoological Park or their designated representatives find that a seized reptile is a venomous reptile, large constricting snake, or crocodilian regulated under this Article, the Museum or the Zoological Park or their designated representative shall determine an interim disposition of the reptile in a manner consistent with the safety of the public, until a final disposition is determined by a court of competent jurisdiction. In the case of a venomous reptile for which antivenin approved by the United States Food and Drug Administration is not readily available, the reptile may be euthanized unless the species is protected under the federal Endangered Species Act of 1973. Where the Museum or the Zoological Park or their designated representative determines euthanasia to be the appropriate interim disposition, or where a reptile seized pursuant to this Article dies of natural or unintended causes, the Museum, the Zoological Park, or their designated representatives shall not be liable to the reptile's owner.
(b1)	Upon conviction of any offense contained in this Article, the court shall order a final disposition of the confiscated venomous reptiles, large constricting snakes, or crocodilians, which may include the transfer of title to the State of North Carolina and reimbursement for the necessary expenses incurred in the seizure, delivery, and storage thereof.
(c)	If the Museum or the Zoological Park or their designated representatives find that the reptile is not a venomous reptile, large constricting snake, or crocodilian regulated under this Article, and either no criminal warrants or indictments are initiated in connection with the reptile within 10 days of initial seizure, or a court of law determines that the reptile is not being owned, possessed, used, transported, or trafficked in violation of this Article, then it shall be the duty of the law enforcement officer to return the reptile or reptiles to the person from whom they were seized within 15 days."
SECTION 15.(b)  The North Carolina Department of Natural and Cultural Resources and the North Carolina Wildlife Resources Commission shall jointly study and develop a list of potential designated representatives for the storage and safekeeping of venomous reptiles, large constricting snakes, or crocodilians.
SECTION 15.(c)  The North Carolina Department of Natural and Cultural Resources and the North Carolina Wildlife Resources Commission shall jointly study and develop recommendations for potential procedural and policy changes to improve the regulation of certain reptiles pursuant to Article 55 of Chapter 14 of the General Statutes. The Department and the Commission shall consider public health and safety risks, permitting requirements, exemptions, notification of escape, investigation of suspected violations, seizure and examination of reptiles, disposition of seized reptiles, and any other issues determined relevant to the regulation of certain reptiles. The Department and the Commission shall submit a report, including any legislative recommendations, to the Environmental Review Commission no later than December 31, 2016.

PROVIDE FOR LOW‑FLOW DESIGN ALTERNATIVES FOR PUBLIC WATER SUPPLY SYSTEMS
SECTION 16.(a)  15A NCAC 18C .0409(b)(1) (Daily Flow Requirements). – Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (c) of this section, the Commission, the Department of Health and Human Services, and any other political subdivision of the State shall implement 15A NCAC 18C .0409(b)(1) (Daily Flow Requirements) as provided in subsection (b) of this section.
SECTION 16.(b)  Implementation. – Notwithstanding the Daily Flow Requirements rates listed in Table No. 1 of 15A NCAC 18C .0409(b)(1) (Daily Flow Requirements), a public water supply system shall be exempt from the Daily Flow Requirements, and any other design flow standards established by the Department or the Commission, provided the flow rates and yields that are less than those required in Table No. 1 of 15A NCAC 18C .0409(b)(1) (Daily Flow Requirements) are (i) achieved through an engineering design that utilizes low‑flow fixtures and low‑flow reduction technologies and the design is prepared, sealed, and signed by a professional engineer licensed pursuant to Chapter 89C of the General Statutes and (ii) provide for a flow that is sufficient to sustain the water usage required in the engineering design.
SECTION 16.(c)  Additional Rule‑Making Authority. – The Commission shall adopt a rule to amend 15A NCAC 18C .0409(b)(1) (Daily Flow Requirements), consistent with subsection (b) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (b) of this section. Rules adopted pursuant to this section are not subject to G.S. 150B‑21.8 through G.S. 150B‑21.14. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B‑21.3(b2).
SECTION 16.(d)  Sunset. – Subsection (b) of this section expires on the date that rules adopted pursuant to subsection (c) of this section become effective.

CERTAIN AGREEMENT TERMS FOR AGRICULTURAL EMPLOYER'S STATUS DECLARED INVALID
SECTION 17.  G.S. 95‑79 reads as rewritten:
"§ 95‑79.  Certain agreements declared illegal.
(a)	Any agreement or combination between any employer and any labor union or labor organization whereby persons not members of such union or organization shall be denied the right to work for said employer, or whereby such membership is made a condition of employment or continuation of employment by such employer, or whereby any such union or organization acquires an employment monopoly in any enterprise, is hereby declared to be against the public policy and an illegal combination or conspiracy in restraint of trade or commerce in the State of North Carolina.
(b)	Any provision that directly or indirectly conditions the purchase of agricultural products, the terms of an agreement for the purchase of agricultural products, or the terms of an agreement not to sue or to settle pending litigation upon an agricultural producer's status as a union or nonunion employer or entry into or refusal to enter into an agreement with a labor union or labor organization is invalid and unenforceable as against public policy in restraint of trade or commerce in the State of North Carolina. For purposes of this subsection, the term "agricultural producer" means any producer engaged in any service or activity included within the provisions of section 3(f) of the Fair Labor Standards Act of 1938, 29 U.S.C. § 203, or section 3121(g) of the Internal Revenue Code of 1986, 26 U.S.C. § 3121."

COPIES OF CERTAIN PUBLIC RECORDS
SECTION 18.(a)  G.S. 132‑6.2 reads as rewritten:
"§ 132‑6.2.  Provisions for copies of public records; fees.
(a)	Persons requesting copies of public records may elect to obtain them in any and all media in which the public agency is capable of providing them. No request for copies of public records in a particular medium shall be denied on the grounds that the custodian has made or prefers to make the public records available in another medium. The public agency may assess different fees for different media as prescribed by law.
(a1)	Notwithstanding subsection (a) of this section, a public agency may satisfy the requirement to provide access to public records and computer databases under G.S. 132‑9 by making those public records or computer databases available online in a format that allows a person to download the public record or computer database to obtain a copy. A public agency that provides access to public records or computer databases under this subsection is not required to provide copies through any other method or medium. If a public agency, as a service to the requester, voluntarily elects to provide copies by another method or medium, the public agency may negotiate a reasonable charge for the service with the requester. A public agency satisfying its requirement to provide access to public records and computer databases under G.S. 132‑9 by making those public records or computer databases available online in a format that allows a person to obtain a copy by download shall also allow for inspection of any public records also held in a nondigital medium.
(b)	Persons requesting copies of public records may request that the copies be certified or uncertified. The fees for certifying copies of public records shall be as provided by law. Except as otherwise provided by law, no public agency shall charge a fee for an uncertified copy of a public record that exceeds the actual cost to the public agency of making the copy. For purposes of this subsection, "actual cost" is limited to direct, chargeable costs related to the reproduction of a public record as determined by generally accepted accounting principles and does not include costs that would have been incurred by the public agency if a request to reproduce a public record had not been made. Notwithstanding the provisions of this subsection, if the request is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the agency involved, or if producing the record in the medium requested results in a greater use of information technology resources than that established by the agency for reproduction of the volume of information requested, then the agency may charge, in addition to the actual cost of duplication, a special service charge, which shall be reasonable and shall be based on the actual cost incurred for such extensive use of information technology resources or the labor costs of the personnel providing the services, or for a greater use of information technology resources that is actually incurred by the agency or attributable to the agency. If anyone requesting public information from any public agency is charged a fee that the requester believes to be unfair or unreasonable, the requester may ask the State Chief Information Officer or his designee to mediate the dispute.
(c)	Persons requesting copies of computer databases may be required to make or submit such requests in writing. Custodians of public records shall respond to all such requests as promptly as possible. If the request is granted, the copies shall be provided as soon as reasonably possible. If the request is denied, the denial shall be accompanied by an explanation of the basis for the denial. If asked to do so, the person denying the request shall, as promptly as possible, reduce the explanation for the denial to writing.
(d)	Nothing in this section shall be construed to require a public agency to respond to requests for copies of public records outside of its usual business hours.
(e)	Nothing in this section shall be construed to require a public agency to respond to a request for a copy of a public record by creating or compiling a record that does not exist. If a public agency, as a service to the requester, voluntarily elects to create or compile a record, it may negotiate a reasonable charge for the service with the requester. Nothing in this section shall be construed to require a public agency to put into electronic medium a record that is not kept in electronic medium.
(f)	For purposes of this section, the following definitions shall apply:
(1)	Computer database. – As defined in G.S. 132‑6.1(d)(1).
(2)	Media or Medium. – A particular form or means of storing information."
SECTION 18.(b)  The State Chief Information Officer, in consultation with the State Controller, the Office of State Budget and Management, Local Government Commission, The University of North Carolina, The North Carolina Community College System, The School of Government at the University of North Carolina at Chapel Hill, the North Carolina League of Municipalities, the North Carolina School Boards Association, and the North Carolina County Commissioners Association, shall report, including any recommendations, to the 2017 Regular Session of the General Assembly on or before February 1, 2017, regarding the development and use of computer databases by State and local agencies and the need for public access to those public records.
SECTION 18.(c)  This section becomes effective July 1, 2016.

PROHIBIT CITIES FROM CHARGING FEES FOR UTILITY USE OF RIGHT‑OF‑WAY
SECTION 19.  G.S. 160A‑296 reads as rewritten:
"§ 160A‑296.  Establishment and control of streets; center and edge lines.
(a)	A city shall have general authority and control over all public streets, sidewalks, alleys, bridges, and other ways of public passage within its corporate limits except to the extent that authority and control over certain streets and bridges is vested in the Board of Transportation. General authority and control includes but is not limited to all of the following:
...
(6)	The power to regulate, license, and prohibit digging in the streets, sidewalks, or alleys, or placing therein or thereon any pipes, poles, wires, fixtures, or appliances of any kind either on, above, or below the surface. To the extent a municipality is authorized under applicable law to impose a fee or charge with respect to activities conducted in its rights‑of‑way, the fee or charge must apply uniformly and on a competitively neutral and nondiscriminatory basis to all comparable activities by similarly situated users of the rights‑of‑way. No fee or charge for activities conducted in the right‑of‑way shall be assessed on businesses listed in G.S. 160A‑206(b), except to the extent a city's right‑of‑way management expenses related to the activities of those businesses exceed distributions under Article 5 of Chapter 105 of the General Statutes.
...."

ALLOW THE FEDERAL GOVERNMENT TO PUMP STANDING STORMWATER FROM FEDERAL LANDS INTO THE OCEAN
SECTION 20.  G.S. 143‑214.7 is amended by adding a new subsection to read:
"(d3)	Notwithstanding any other provision of State law and except as required by federal law, no State agency or unit of local government shall prohibit a unit of the federal government from pumping standing stormwater from federal land that is located landward of a primary dune over the dune and into the ocean. Pursuant to this section, all State agencies and units of local government shall grant all necessary approvals to a unit of the federal government to pump standing stormwater from federal land that is located landward of a primary dune over the dune and into the ocean. Such approvals shall be granted within 24 hours of the request for the approval, and failure to grant an approval within 24 hours shall be deemed as an approval of the request."

DELAY INSURANCE FOR MOPED OWNERS
SECTION 21.(a)  Section 10 of S.L. 2015‑125 reads as rewritten:
"SECTION 10.  Sections 8 and 9 of this act become effective July 1, 2015. The remainder of this act becomes effective July 1, 2017, and applies to offenses committed on or after that date."
SECTION 21.(b)  The Department of Insurance shall review which insurance companies provide moped liability insurance, including the typical costs and requirements that must be met by a moped owner in order to obtain moped liability insurance. By December 15, 2016, the Department shall report its findings, including a list of the companies identified as providing moped liability insurance and any legislative recommendations, to the Joint Legislative Transportation Oversight Committee.

SEVERABILITY CLAUSE AND EFFECTIVE DATE
SECTION 22.  If any section or provision of this act is declared unconstitutional or invalid by the courts, it does not affect the validity of this act as a whole or any part other than the part declared to be unconstitutional or invalid.
SECTION 23.  Except as otherwise provided, this act is effective when it becomes law.