GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	2
HOUSE BILL 1063*
Committee Substitute Favorable 4/24/01

Short Title:	Pay for Performance/LUST Cleanups.	()	
Sponsors:	     	
Referred to:	     	
April 10, 2001

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR PERFORMANCE-BASED CLEANUPS OF DISCHARGES OR RELEASES OF PETROLEUM FROM UNDERGROUND STORAGE TANKS. 

The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 143‑215.94B is amended by adding a new subsection to read:
"(f)  On the first day of each fiscal quarter, the Department may allocate up to fifty percent (50%) of the funds in the Commercial Fund that are not otherwise obligated for performance‑based cleanups as provided in this subsection. The Department may also use any funds that are available from any other source and that are specifically intended to be used for performance‑based cleanups as provided in this section. Each performance‑based cleanup shall comply with the requirements of this Part and any other provisions of law that govern the cleanup of environmental damage resulting from the discharge or release of a petroleum product from a commercial underground storage tank. The Department may contract for performance‑based cleanups with licensed professionals, including Professional Engineers, Professional Geologists, Registered Environmental Consultants, and other professional consultants that the Department has determined to be qualified to satisfactorily complete the work associated with a cleanup. A performance‑based contract shall provide that cleanup will be completed within the time and for the cost stated in the contract. The Department shall select contractors for performance‑based cleanup through a competitive bidding process that is open to all qualified professionals. The Department shall award a performance‑based contract to the qualified contractor who submits the lowest responsible bid."
SECTION 2.  G.S. 143‑215.94D is amended by adding a new subsection to read:
"(f)  On the first day of each fiscal quarter, the Department may allocate up to fifty percent (50%) of the funds in the Noncommercial Fund that are not otherwise obligated for performance‑based cleanups as provided in this subsection. The Department may also use any funds that are available from any other source and that are specifically intended to be used for performance‑based cleanups as provided in this section. Each performance‑based cleanup shall comply with the requirements of this Part and any other provisions of law that govern the cleanup of environmental damage resulting from the discharge or release of a petroleum product from a noncommercial underground storage tank. The Department may contract for performance‑based cleanups with licensed professionals, including Professional Engineers, Professional Geologists, Registered Environmental Consultants, and other professional consultants that the Department has determined to be qualified to satisfactorily complete the work associated with a cleanup. A performance‑based contract shall provide that cleanup will be completed within the time and for the cost stated in the contract. The Department shall select contractors for performance‑based cleanup through a competitive bidding process that is open to all qualified professionals. The Department shall award a performance‑based contract to the qualified contractor who submits the lowest responsible bid."
SECTION 3.  G.S. 143‑215.94G is amended by adding a new subsection to read:
"(a3)	The Department may implement the provisions of subsection (a) of this section as provided in G.S. 143‑215.95B(f) and G.S. 143‑215.94D(f)."
SECTION 4.  This act constitutes a recent act of the General Assembly within the meaning of G.S. 150B‑21.1.  Notwithstanding G.S. 150B‑21.1(a)(2) and 26 NCAC 2C.0102(11), the Environmental Management Commission may adopt temporary rules to implement this act until 1 July 2002.  Prior to the adoption of a temporary rule under this section, the Secretary shall publish a notice of intent to adopt a temporary rule in the North Carolina Register.  The notice shall set out the text of the proposed temporary rule and include the name of the person to whom questions and written comment on the proposed temporary rule may be submitted.  The Secretary shall accept written comment on the proposed temporary rule for at least 30 days after the notice of intent to adopt a temporary rule is published in the North Carolina Register.
SECTION 5.  This act becomes effective 1 July 2001.