A BILL TO BE ENTITLED
AN ACT to DIRECT THE COASTAL RESOURCES COMMISSION TO IMPLEMENT A RULE DESIGNATING JOCKEY'S RIDGE STATE PARK AS AN AREA OF ENVIRONMENTAL CONCERN UNTIL PERMANENT RULES ARE ADOPTED; TO REQUIRE THE DEPARTMENT OF ADMINISTRATION TO HOLD A PUBLIC HEARING AND CONSULT WITH THE JOINT LEGISLATIVE COMMISSION ON GOVERNMENTAL OPERATIONS PRIOR TO GRANTING CERTAIN EASEMENTS ON STATE PROPERTY; AND TO CLARIFY THE APPLICABILITY OF STATUTORY BUILT‑UPON AREA REQUIREMENTS FOR STATE AND LOCAL GOVERNMENT STORMWATER PROGRAMS AND SPECIFY THAT CERTAIN ARTIFICIAL TURF IS NOT BUILT‑UPON AREA.
The General Assembly of North Carolina enacts:

DIRECT THE COASTAL RESOURCES COMMISSION TO IMPLEMENT A RULE DESIGNATING JOCKEY'S RIDGE STATE PARK AS AN AREA OF ENVIRONMENTAL CONCERN UNTIL PERMANENT RULES ARE ADOPTED
SECTION 1.(a)  The Coastal Resources Commission shall implement proposed rule 15A NCAC 07H .0508 (Jockey's Ridge Area of Environmental Concern), as approved for the initiation of permanent rulemaking by the Coastal Resources Commission on April 25, 2024, as if the proposed rule were effective, until the proposed rule becomes effective as a permanent rule.
SECTION 1.(b)  No later than June 1, 2024, the Coastal Resources Commission shall approve a map identifying the boundaries of the Jockey's Ridge area of environmental concern for purposes of implementing subsection (a) of this section.
SECTION 1.(c)  The Coastal Resources Commission shall adopt proposed rule 15A NCAC 07H .0508 (Jockey's Ridge Area of Environmental Concern) as a permanent rule pursuant to G.S. 150B‑21.2, including consideration of public comments received in connection with the rule and review by the Rules Review Commission, as soon as practicable but no later than November 1, 2024. This section shall not be construed to direct the Coastal Resources Commission to adopt the text of proposed rule 15A NCAC 07H .0508 (Jockey's Ridge Area of Environmental Concern), as approved for the initiation of permanent rulemaking by the Coastal Resources Commission on April 25, 2024, verbatim.
SECTION 1.(d)  Subsection (a) of this section becomes effective on the date that the Coastal Resources Commission approves the map required by subsection (b) of this section. The remainder of this section is effective when it becomes law. This section expires when proposed rule 15A NCAC 07H .0508 (Jockey's Ridge Area of Environmental Concern) becomes effective as a permanent rule.

REQUIRE THE DEPARTMENT OF ADMINISTRATION TO HOLD A PUBLIC HEARING AND CONSULT WITH THE JOINT LEGISLATIVE COMMISSION ON GOVERNMENTAL OPERATIONS PRIOR TO GRANTING CERTAIN EASEMENTS ON STATE PROPERTY
SECTION 2.(a)  Article 7 of Chapter 146 of the General Statutes is amended by adding a new section to read:
"§ 146‑29.3.  Disposition of easements for spoil disposal and dumping rights.
Notwithstanding G.S. 146‑11, if a proposed disposition is an easement for disposal of spoil materials lawfully dug or dredged from navigable waters, or dumping rights for spoil materials lawfully dug or dredged from navigable waters, the Department of Administration may not grant the easement or dumping rights until it completes both of the following requirements:
(1)	Hold a public hearing in the county where the proposed disposition is located.
(2)	Following the public hearing, submit the proposed disposition for consultation with the Joint Legislative Commission on Governmental Operations in accordance with G.S. 120‑76.1(b)."
SECTION 2.(b)  This section becomes effective August 1, 2024, and applies to requests for proposed dispositions submitted to the Department of Administration for approval on or after that date.

CLARIFY THE APPLICABILITY OF STATUTORY BUILT‑UPON AREA REQUIREMENTS FOR STATE AND LOCAL GOVERNMENT STORMWATER PROGRAMS AND SPECIFY THAT CERTAIN ARTIFICIAL TURF IS NOT BUILT‑UPON AREA
SECTION 3.(a)  G.S. 143‑214.7(b2) reads as rewritten:
"(b2)	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 this section provided the stormwater runoff from the entire impervious area of the development is collected, treated, and discharged so that it passes through a segment of the vegetative buffer and is managed so that it otherwise complies with all applicable State and federal stormwater management requirements. For the purpose of this subdivision, the entire impervious area of the development shall not include any portion of a project that is within a North Carolina Department of Transportation or municipal right‑of‑way.
(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."
SECTION 3.(b)  Article 21 of Chapter 143 of the General Statutes is amended by adding a new section to read:
"§ 143‑214.7D.  Limitations on built‑upon area requirements.
(a)	As used in this section, the term "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.
(b)	For the purposes of implementing State or local government stormwater programs, none of the following surfaces shall be considered "built‑upon area" or an impervious or partially impervious surface:
(1)	A slatted deck.
(2)	The water area of a swimming pool.
(3)	A surface of number 57 stone, as designated by the American Society for Testing and Materials, laid at least 4 inches thick over a geotextile fabric.
(4)	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).
(5)	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 be compacted by the weight of a vehicle, such as the area between sections of pavement that support the weight of a vehicle.
(6)	Artificial turf, manufactured to allow water to drain through the backing of the turf, and installed according to the manufacturer's specifications over a pervious surface.
(c)	The owner or developer of a property may opt out of any of the exemptions from "built‑upon area" set out in subsection (b) of this section.
(d)	Except as specifically required by federal law, a local government may not enact, implement, or enforce a local government ordinance, comprehensive plan, or stormwater program that establishes a definition of "built‑upon area" or impervious surface that does not comply with subsection (b) of this section. This limitation shall apply regardless of any authority granted by G.S. 143‑214.5, G.S. 143‑214.7, or Chapter 153A, 160A, or 160D of the General Statutes.
(e)	The Commission may adopt rules to implement this section."
SECTION 3.(c)  Each unit of local government that operates a stormwater program shall update its program to be consistent with G.S. 143‑214.7D, as enacted by subsection (b) of this section.

EFFECTIVE DATE
SECTION 4.  Except as otherwise provided, this act is effective when it becomes law.