AN ACT to make various changes to the Natural, environmental, and cultural resources laws of the state, as recommended by the Departments of Environmental Quality and Natural and Cultural Resources.

The General Assembly of North Carolina enacts:

MODIFY CONDITIONS FOR STATE FUNDING OF BEACH ACCESS PROPERTY
SECTION 1.  G.S. 113A‑134.3(c) reads as rewritten:
"(c)	Subject to any restrictions imposed by law, any funds appropriated or otherwise made available to the Public Beach and Coastal Waterfront Access Program (Program) may be used to meet matching requirements for federal or other funds. The Department shall make every effort to obtain funds from sources other than the General Fund to implement this program. Funds may be used to acquire or develop land for pedestrian access including parking and to make grants to local governments to accomplish the purposes of this Part. All acquisitions or dispositions of property made pursuant to this Part shall be in accordance with the provisions of Chapter 146 of the General Statutes. All grants to local governments pursuant to this Part for land acquisitions shall be made on the following conditions:
(1)	The local government agrees to dedicate acquired lands in perpetuity for public access and for the benefit of the general public. The dedication shall be recorded in the office of the register of deeds in the county where the dedicated lands are located.
(2)	If Program grant funds are used to acquire a lease or easement, the lease or easement agreement shall have a minimum term of 25 years.
(3)	If the local government uses the property for a purpose other than beach or coastal waters access or elects to sell or otherwise dispose of the property, the local government shall reimburse the State an amount that is the greater of (i) the amount of Program grant funds provided to purchase the property or (ii) an amount equal to the same proportion of the current market value of the property as the proportion of the original purchase price of the property funded with Program grant funds."

MODERNIZE COASTAL AREA MANAGEMENT ACT NOTIFICATION REQUIREMENTS
SECTION 2.(a)  G.S. 113A‑119(b) reads as rewritten:
"(b)	Upon receipt of any application, a significant modification to an application for a major permit, or an application to modify substantially a previously issued major permit, the Secretary shall issue public notice of the proposed development (i) with the exception of minor permit applications, by posting or causing to be posted a notice at the location of the proposed development stating that an application, a modification of an application for a major permit, or an application to modify a previously issued major permit for development has been made, where the application or modification may be inspected, and the time period for comments; and (ii) with the exception of minor permit applications, by publishing notice of the application or modification at least once in one newspaper of general circulation in the county or counties wherein the development would be located at least 20 days before final action on a major permit or before the beginning of the hearing on a permit under G.S. 113A‑122. The notice shall set out that any comments on the development should be submitted to the Secretary by a specified date, not less than 15 days from the date of the newspaper publication of the notice or 15 days after mailing of the mailed notice, whichever is later."
SECTION 2.(b)  G.S. 113A‑124(a) reads as rewritten:
"(a)	The Secretary shall have the following additional powers and duties under this Article:
…
	
…."
SECTION 2.(c)  This section is effective July 1, 2021, and applies to permit applications received on or after that date.

COASTAL AREA MANAGEMENT ACT PERMIT THIRD‑PARTY APPEAL REVIEW TIME LINE
SECTION 3.(a)  G.S. 113A‑121.1(b) reads as rewritten:
"(b)	A person other than a permit applicant or the Secretary who is dissatisfied with a decision to deny or grant a minor or major development permit may file a petition for a contested case hearing only if the Commission determines that a hearing is appropriate. A request for a determination of the appropriateness of a contested case hearing shall be made in writing and received by the Commission within 20 days after the disputed permit decision is made. A determination of the appropriateness of a contested case shall be made within 30 days after a request for a determination is received and shall be based on whether the person seeking to commence a contested case:
(1)	Has alleged that the decision is contrary to a statute or rule;
(2)	Is directly affected by the decision; and
(3)	Has alleged facts or made legal arguments that demonstrate that the request for the hearing is not frivolous.
If the Commission determines a contested case is appropriate, the petition for a contested case shall be filed within 20 days after the Commission makes its determination. A determination that a person may not commence a contested case is a final agency decision and is subject to judicial review under Article 4 of Chapter 150B of the General Statutes. If, on judicial review, the court determines that the Commission erred in determining that a contested case would not be appropriate, the court shall remand the matter for a contested case hearing under G.S. 150B‑23 and final decision on the permit pursuant to G.S. 113A‑122. Decisions in such cases shall be rendered pursuant to those rules, regulations, and other applicable laws in effect at the time of the commencement of the contested case."
SECTION 3.(b)  This section becomes effective October 1, 2021, and applies to requests for determination of appropriateness received by the Coastal Resources Commission on or after that date.

STORMWATER PROGRAM AMENDMENTS
SECTION 4.(a)  G.S. 143‑214.7 reads as rewritten:
"§ 143‑214.7.  Stormwater runoff rules and programs.
…
(b4)	New stormwater permits and stormwater permits that are reissued due to transfer, modification, or renewal shall require the permittee to submit an annual certification on the project's conformance with permit conditions. The annual certification shall be completed by the permit holder or their designee. The Department shall not require the annual certification to be completed by another party besides the permit holder or their designee. The Department shall provide an electronic means of submittal for the permit holder or their designee to satisfy the annual certification requirement. The addition of annual certification requirements to an existing permit or certification shall not be considered to be a new or increased stormwater control.
…
(c5)	The Department may transfer a permit issued pursuant to this section without the consent of the permit holder or of a successor‑owner of the property on which the permitted activity is occurring or will occur as provided in this subsection:
(1)	The Department may require the submittal of an application for a permit transfer when all of the following conditions are met:

a.	The permit holder is one of the following:
1.	A natural person who is deceased.
2.	A partnership, limited liability corporation, corporation, or any other business association that has been dissolved, has completed the winding up of the business as required by law or equity, and does not have a successor‑in‑interest to the permit.
3.	A person or entity who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur through foreclosure, bankruptcy, or other legal proceeding.
4.	A person or entity who has sold the property on which the permitted activity is occurring or will occur.
b.	The successor‑owner is one of the following:
1.	A person or entity holding title to the property on which the permitted activity is occurring or will occur.
2.	The claimant of the right to engage in the permitted activity.
3.	An association, as defined in G.S. 47C‑1‑103 or G.S. 47F‑1‑103.
4.	Any other natural person, group of persons, or entity deemed appropriate by the Department to operate and maintain the permit.
c.	There will be no substantial change in the permitted activity.
(1a)	The permit transfer application shall be submitted jointly by the permit holder and the successor‑owner except that the successor‑owner may solely submit the application in any of the following circumstances:
a.	The permit holder is a natural person who is deceased or is a business association that is described by sub‑sub‑subdivision (1)a.2. of this subsection.
b.	The successor‑owner requests that the Department accept the application without the signature of the permit holder.
(1b)	When the permit transfer conditions set forth in subdivision (1) of this subsection are met on or after July 1, 2021, the Department shall require that a permit transfer application be submitted within 90 days.
(1c)	When the permit transfer conditions set forth in subdivision (1) of this subsection were met prior to July 1, 2021, the Department may request a permit transfer application at any time after determining that the permit transfer conditions have been met and may require this application be submitted within 180 days of the request. Where a permit holder can demonstrate to the Department that the activity on the property was in substantial compliance with its permit in the period either 12 months immediately before or after the conditions of subdivision (1) of this subsection were met, then the requirements included in subdivision (1d) of this subsection shall be the sole responsibility of the successor‑owner.
(1d)	If the activity on the property does not conform to the approved plans and permit conditions, then the permit transfer application shall include one of the following:
a.	A written schedule of actions to bring permitted activities into compliance with the approved plans and permit conditions within one calendar year.
b.	If there has been or will be a modification to the permitted activity, an application for a permit modification. For low density permits, the permit modification application may include a request for an updated built‑upon area limit pursuant to subsection (c6) of this section.
(1e)	If the permit holder is a person or entity described in sub-sub-subdivision (1)a.4. of this section, or if the permit holder is the declarant of a condominium or a planned community and the successor-owner is an association as described in sub-sub-subdivision (1)b.3. of this section, the permit holder shall be responsible for satisfying the requirements of subdivision (1d) of this section and for bringing the property into substantial compliance with the approved plans and permit conditions before the permit is transferred.

(4)	Notwithstanding changes to law made after the original issuance of the permit, the Department shall not impose new or different design standards on the project without the prior express consent of the successor‑owner.
(c6)	With respect to low density permits issued prior to January 1, 2017, that have exceeded a permitted built‑upon area limit, the permittee may submit an application for a permit modification that limits built‑upon area to the current level. If this request is granted, then the Department shall reissue the permit with an updated built‑upon area limit as follows:
(1)	If the built‑upon area for the project is less than or equal to one hundred ten percent (110%) of the maximum allowable built‑upon area for the low density permits, the Department shall issue an updated permit based on the current amount of built‑upon area. The permittee shall include compliance with the updated built‑upon area limit in the annual certification required by subsection (b4) of this section.
(2)	If the built‑upon area exceeds one hundred ten percent (110%) of the maximum allowable built‑upon area for low density permits at the time of permit issuance, then the Department shall require the permittee to mitigate the impacts of the excess built‑upon area to the greatest extent practicable by the addition of one or more stormwater control measures on the property before issuing an updated permit.
…."
SECTION 4.(b)  Low density stormwater certifications and approvals issued prior to September 1, 1995, are revoked as of January 1, 2022, and the built‑upon area shall be considered as existing development for purposes of G.S. 143‑214.7(a1). Any future development on the project or site shall comply with the requirements of G.S. 143‑214.7 and any recorded deed restrictions.
SECTION 4.(c)  G.S. 143‑215.6A(a) reads as written:
"(a)	A civil penalty of not more than twenty‑five thousand dollars ($25,000) may be assessed by the Secretary against any person who:
…
(11)	Violates or fails to act in accordance with G.S. 143‑214.7."

CONFORM SEDIMENTATION AND EROSION CONTROL PROGRAM PENALTY REMISSION REQUEST TIME LINE
SECTION 5.(a)  G.S. 113A‑64.2(a) reads as rewritten:
"(a)	A request for remission of a civil penalty imposed under G.S. 113A‑64 may be filed with the Commission within 30 days of receipt of the notice of assessment. A remission request must be accompanied by a waiver of the right to a contested case hearing pursuant to Chapter 150B of the General Statutes and a stipulation of the facts on which the assessment was based."
SECTION 5.(b)  This section becomes effective October 1, 2021, and applies to penalties assessed on or after that date.

UST TRUST FUND PAYMENT REQUEST TIME LINE EXTENSION
SECTION 6.  G.S. 143‑215.94E(k) reads as rewritten:
"(k)	An owner, operator, or landowner shall request payment or reimbursement from the Commercial Fund for the cost of a task within one year after the completion of the task. The Department shall deny any request for payment or reimbursement of the cost of any task that would otherwise be eligible to be paid or reimbursed if the request is not received within 12 months after the later of the date on which the:
(1)	Department determines that the cost is eligible to be paid or reimbursed.
(2)	Task is completed.
If the Department determines after review of the request that additional information is required in order to determine payment eligibility, the Department may allow the applicant up to 30 days to respond to the request for additional information, and this additional response time shall not be included in determining whether a request met the 12‑month deadline imposed by this section."

MODIFY AND SIMPLIFY HAZARDOUS WASTE SITE NOTICES
SECTION 7.(a)  G.S. 130A‑310.8 reads as rewritten:
"§ 130A‑310.8.  Recordation of notices of environmental contamination and notices of restricted use.
(a)	After determination by the Department of the location and general extent of contamination of an inactive hazardous substance or waste disposal site, the owner of the real property on which the site is located, within 90 days after official notice to the owner to do so, shall submit to the Department a survey plat of areas designated by the Department that has been prepared and certified by a professional land surveyor, and entitled "NOTICE OF ENVIRONMENTAL CONTAMINATION." If the Notice is submitted pursuant to a remedial action plan approved by the Department for the property, the Notice may be entitled "NOTICE OF RESTRICTED USE." Where an inactive hazardous substance or waste disposal site is located on more than one parcel or tract of land, a composite map or plat showing all parcels or tracts may be recorded. The Notice shall include a legal description of the site that would be sufficient as a description in an instrument of conveyance, shall meet the requirements of G.S. 47‑30 for maps and plats, and shall identify:
(1)	The location of areas exceeding unrestricted use standards as defined in G.S. 130A‑310.65 with respect to permanently surveyed benchmarks.
(2)	The type, location, and quantity of hazardous substances known to exist on the site.
(3)	Any restrictions approved by the Department on the current or future use of the site.
…
(e)	When property that contains, or is a portion of, an inactive hazardous substance or waste disposal site is sold, leased, conveyed, or transferred, the deed or other instrument of transfer shall contain in the description section, in no smaller type than that used in the body of the deed or instrument, a statement that hazardous substances are present in environmental media at the property and, if applicable, that the property has been remediated under this Part with the approval of the Department by use of land use controls and shall reference by book and page the recordation of the Notice.
(f)	A Notice of Environmental Contamination or Notice of Restricted Use filed pursuant to this section may, at the request of the owner of the land, be cancelled by the Secretary after the hazards have been eliminated. If requested in writing by the owner of the land and if the Secretary concurs with the request, the Secretary shall send to the register of deeds of each county where the Notice is recorded a statement that the hazards have been eliminated and request that the Notice be cancelled of record. The Secretary's statement shall contain the names of the owners of the land as shown in the Notice and reference the plat book and page where the Notice is recorded.
…
(i)	If a site subject to the requirements of this section is remediated pursuant to the requirements of Part 8 of Article 9 of Chapter 130A of the General Statutes, a Notice of Restricted Use may be prepared and filed in accordance with G.S. 130A‑310.71(e) in lieu of a Notice of Residual Contamination."
SECTION 7.(b)  G.S. 143‑215.85A(g) reads as rewritten:
"(g)	If a site subject to the requirements of this section is remediated pursuant to the requirements of Part 8 of Article 9 of Chapter 130A of the General Statutes, a Notice of Restricted Use may be prepared and filed, with the approval of the Department and in accordance with G.S. 130A‑310.71(e) in lieu of a Notice of Residual Contamination or a Notice of Oil or Hazardous Substance Discharge Site."
SECTION 7.(c)  G.S. 143B‑279.10(i) reads as rewritten:
"(i)	If a site subject to the requirements of this section is remediated pursuant to the requirements of Part 8 of Article 9 of Chapter 130A of the General Statutes, a Notice of Restricted Use may be prepared and filed in accordance with G.S. 130A‑310.71(e) in lieu of a Notice of Residual Contamination or a Notice of Contaminated Site."

REVISE AND CLARIFY BASINWIDE WATER RESOURCES MANAGEMENT PLANS
SECTION 8.  G.S. 143‑215.8B reads as rewritten:
"§ 143‑215.8B.  Basinwide water resources management plans.
(a)	The Commission shall develop and implement a basinwide water resources management plan for each of the 17 major river basins in the State. In developing and implementing each plan, the Commission shall consider the cumulative impacts of all of the following:
(1)	All activities across a river basin that impact surface or ground water quality, including all point sources and nonpoint sources of pollutants, such as municipal wastewater facilities, industrial wastewater systems, stormwater management systems, waste disposal sites, atmospheric deposition, and animal operations.
(2)	All water withdrawals and transfers required to be registered under G.S. 143‑215.22H.
(b)	Each basinwide water resources management plan shall:
(1)	Provide that all point sources and nonpoint sources of pollutants jointly share the responsibility of reducing the pollutants in the State's waters in a fair, reasonable, and proportionate manner, using computer modeling and the best science and technology reasonably available and considering future anticipated population growth and economic development.
(2)	If any of the waters located within the river basin are designated as nutrient sensitive waters, then the basinwide water resources management plan shall report on the status of those waters. In addition, the Commission shall establish a nutrient reduction goal for the nutrient or nutrients of concern that will result in improvements to water quality such that the designated uses of the water, as provided in the classification of the water under G.S. 143‑214.1(d), are not impaired. The plan shall report on the incremental progress toward achieving the goal. In developing the plan, the Commission shall determine and allow appropriate credit toward achieving the goal for reductions of water pollution by point and nonpoint sources through voluntary measures.
(3)	Provide surface and ground water resources to the extent known by the Department, other withdrawals, permitted minimum instream flow requirements and evident needs, and pertinent information contained in local water supply plans and water shortage response plans.
(c)	The Commission shall review and revise its 17 basinwide water resources management plans at least every 10 years to reflect changes in water quality, water quantity, improvements in modeling methods, improvements in wastewater treatment technology, advancements in water conservation and reuse, and advances in scientific knowledge and, as needed to support designated uses of water, modifications to management strategies. The Commission may also include critical basin issues as they arise in the report required in subsection (d) of this section.
(d)	As a part of the report required pursuant to G.S. 143‑355(p), the Commission and the Department shall report on or before November 1 of even‑numbered years to the Environmental Review Commission on the progress in developing and implementing basinwide water resources management plans and on public involvement and public education in connection with basinwide water resources management planning. The report to the Environmental Review Commission by the Department shall include a written statement on water quality and quantity conditions that are identified in the course of preparing or revising the basinwide water resources management plans.
(e)	A basinwide water resources management plan is not a rule and Article 2A of Chapter 150B of the General Statutes does not apply to the development of basinwide water resources management plans. Any water quality standard or classification and any requirement or limitation of general applicability that implements a basinwide water resources management plan is a rule and must be adopted as provided in Article 2A of Chapter 150B of the General Statutes.
(f)	For the purposes of this section, the 17 major river basins will be defined as the North Carolina portion of the following United States Geological Survey cataloging units:
(1)	Pasquotank: 03010205.
(2)	Broad River: 03050105.
(3)	Cape Fear River: 03030002, 03030003, 03030004, 03030005, 03030006, and 03030007.
(4)	Catawba River: 03050101, 03050102, and 03050103.
(5)	Chowan River: 03010201, 03010202, 03010203, and 03010204.
(6)	French Broad River: 06010105, 06010106, and 06010108.
(7)	Hiwassee River: 06020002 and 06020003.
(8)	Little Tennessee River: 06010202, 06010203, and 06010204.
(9)	Lumber River: 03040203, 03040204, 03040206, and 03040208.
(10)	Neuse River: 03020201, 03020202, 03020203, and 03020204.
(11)	New River: 05050001.
(12)	White Oak: 03020301 and 03020302.
(13)	Roanoke River: 03010102, 03010103, 03010104, 03010106, and 03010107.
(14)	Savannah River: 03060101 and 03060102.
(15)	Tar‑Pamlico River: 03020101, 03020102, 03020103, 03020104, and 03020105.
(16)	Watauga River: 06010103.
(17)	Yadkin‑Pee Dee River: 03040101, 03040102, 03040103, 03040104, 03040105, 03040201, and 03040202."

CORRECT INACCURATE STATUTORY REFERENCE
SECTION 9.  G.S. 148‑10 reads as rewritten:
"§ 148‑10.  Department of Public Safety to supervise sanitary and health conditions of prisoners.
The Department of Public Safety shall have general supervision over the sanitary and health conditions of the central prison, over the prison camps, or other places of confinement of prisoners under the jurisdiction of the Division of Adult Correction and Juvenile Justice of the Department."

MODIFY NOTICE REQUIREMENT FOR SEDIMENTATION AND EROSION CONTROL PROGRAM VIOLATIONS
SECTION 10.(a)  G.S. 113A‑61.1(c) reads as rewritten:
"(c)	If the Secretary, a local government that administers an erosion and sedimentation control program approved under G.S. 113A‑60, or other approving authority determines that the person engaged in the land‑disturbing activity has failed to comply with this Article, the Secretary, local government, or other approving authority shall immediately serve a notice of violation upon that person. The notice may be served by any means authorized under G.S. 1A‑1, Rule 4. A notice of violation shall specify a date by which the person must comply with this Article and inform the person of the actions that need to be taken to comply with this Article. Any person who fails to comply within the time specified is subject to additional civil and criminal penalties for a continuing violation as provided in G.S. 113A‑64. If the person engaged in the land‑disturbing activity has not received a previous notice of violation under this section, the Department, local government, or other approving authority shall offer assistance in developing corrective measures. Assistance may be provided by referral to a technical assistance program in the Department, referral to a cooperative extension program, or by the provision of written materials such as Department guidance documents."
SECTION 10.(b)  This section becomes effective October 1, 2021.

REVISE SEDIMENTATION AND EROSION CONTROL STOP WORK ORDER PROCEDURES
SECTION 11.(a)  Subsections (f) and (h) of G.S. 113A‑65.1 are repealed.
SECTION 11.(b)  This section becomes effective October 1, 2021.

BROADEN ACCESS TO DEPARTMENT OF NATURAL AND CULTURAL RESOURCES LIBRARY FOR THE BLIND AND PHYSICALLY HANDICAPPED
SECTION 12.  G.S. 125‑2(9) reads as rewritten:
"(9)	To provide library services to readers of North Carolina who are unable to use standard print materials by making available to them books and other reading materials in braille, or sound recordings or any other medium accessible to those readers; to enter into contracts and agreements with appropriate libraries and other organizations for the purposes of serving these readers; to enter into contracts with library agencies of other states for providing library service to these readers in those states, provided adequate compensation is paid for such service and such contract is otherwise advantageous to this State."

CLARIFY DNCR NAMING RIGHTS
SECTION 12.5.  G.S. 121‑4(1) reads as rewritten:
"(1)	To accept gifts, devises, and endowments for purposes which fall within the general legal powers and duties of the Department. Unless otherwise specified by the donor or testator, the Department may either expend both the principal and interest of any gift or devises or may invest such funds in whole or in part, by and with the consent of the State Treasurer. The Department may recognize gifts by naming exhibits, features, or programs administered by the Department."

EFFECTIVE DATE
SECTION 13.  Except as otherwise provided, this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 8th day of September, 2021.

	s/	 Phil Berger
	 President Pro Tempore of the Senate

	s/	 Tim Moore
	 Speaker of the House of Representatives

	_____________________________________
		 Roy Cooper
	 Governor

Approved __________.m. this ______________ day of ___________________, 2021