A BILL TO BE ENTITLED
AN ACT to amend certain environmental and natural resources laws to: (1) repeal the requirement that seasonal state park employees wear a uniform vest; (2) require electronic reporting of environmental lead test results and blood lead test results; (3) clarify the fee structure for food and lodging permits; (4) provide that City and county building inspectors may rely upon a third‑party certification for parking lots and any bioretention areas designed and constructed to comply with G.S. 113A‑71; (5) extend by two years the deadline for the development and implementation of a nutrient management strategy for certain drinking water supply reservoirs; and (6) revise the sunset provision for nutrient offset payments.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 113‑35.1 is repealed.
SECTION 2.  G.S. 130A‑131.8 reads as rewritten:
"§ 130A‑131.8.  Laboratory reports.
(a)	All laboratories doing business in this State shall report to the Department all environmental lead test results and blood lead test results for children less than six years of age and for individuals whose ages are unknown at the time of testing. Reports shall be made by electronic submission within five working days after test completion.
(b)	Reports of blood lead test results shall contain all of the following:
(1)	The child's full name, date of birth, sex, race, ethnicity, address, and Medicaid number, if any.
(2)	The name, address, and telephone number of the requesting health care provider.
(3)	The name, address, and telephone number of the testing laboratory.
(4)	The laboratory results, whether the specimen type is venous or capillary; the laboratory sample number, and the dates the sample was collected and analyzed. 
(c)	Reports of environmental lead test results shall contain all of the following:
(1)	The address where the samples were collected.
(2)	Sample type, such as dust, paint, soil, or water.
(3)	Surface type, such as floor, window sill, or window trough.
(4)	Collection location.
(5)	The name, address, and telephone number of the testing laboratory.
(6)	The laboratory results, unit of measurement, the laboratory sample number, and the dates the sample was collected and analyzed."
SECTION 3.  G.S. 130A‑248(d) reads as rewritten:
"(d)	The Department shall charge each establishment subject to this section, except nutrition programs for the elderly administered by the Division of Aging of the Department of Health and Human Services, establishments that prepare and sell meat food products or poultry products, and public school cafeterias, a fee of fifty dollars ($50.00) for each permit issued. This fee shall be reassessed annually for permits that do not expire. The Commission shall adopt rules to implement this subsection. Fees collected under this subsection shall be used for State and local food, lodging, and institution sanitation programs and activities. No more than thirty‑three and one‑third percent (33 1/3%) of the fees collected under this subsection may be used to support State health programs and activities."
SECTION 4.  G.S. 153A‑357(d) reads as rewritten:
"(d)	No permit shall be issued pursuant to subsection (a) of this section for any land‑disturbing activity that is subject to, but does not comply with, the requirements of G.S. 113A‑71. For purposes of this subsection, the inspector may rely upon a third‑party certification, provided by the applicant, that the parking lot and any stormwater bioretention area are properly designed and constructed to comply with G.S. 113A‑71 in accordance with the guidelines developed by the Department of Environment and Natural Resources. Certification must be provided under seal by a licensed professional engineer or other licensed professional that is recognized as having expertise in the design and construction of pervious parking areas or stormwater bioretention areas, as appropriate."
SECTION 5.  G.S. 160A‑417(c) reads as rewritten:
"(c)	No permit shall be issued pursuant to subsection (a) of this section for any land‑disturbing activity that is subject to, but does not comply with, the requirements of G.S. 113A‑71. For purposes of this subsection, the inspector may rely upon a third‑party certification, provided by the applicant, that the parking lot and any stormwater bioretention area are properly designed and constructed to comply with G.S. 113A‑71 in accordance with the guidelines developed by the Department of Environment and Natural Resources. Certification must be provided under seal by a licensed professional engineer or other licensed professional that is recognized as having expertise in the design and construction of pervious parking areas or stormwater bioretention areas, as appropriate."
SECTION 6.(a)  Section 3(c) of S.L. 2005‑190, as amended by Section 31(a) of S.L. 2006‑259, reads as rewritten:
"SECTION 3.(c)  Nutrient management strategy. – The Environmental Management Commission shall develop a nutrient management strategy for drinking water supply reservoirs to which this section applies by November 30, 2011. The nutrient management strategy shall be based on a calibrated nutrient response model that meets the requirement of G.S. 143‑215.1(c5). The nutrient management strategy shall include specific mandatory measures to achieve the reduction goals. The Commission shall consider the cost of the proposed measures in relation to the effectiveness of the measures. These measures could include, but are not limited to, buffers, erosion and sedimentation control requirements, post‑construction stormwater management, agricultural nutrient reduction measures, the addition of nutrient removal treatment processes to point source permitted wastewater treatment plants, the removal of point source discharging wastewater treatments through regionalization and conversion to non‑discharge treatment technologies, and any other measures that the Commission determines to be necessary to meet the nutrient reduction goals. To the extent that one or more other State programs already mandate any of these measures, the nutrient management strategy shall incorporate the mandated measures and any extension of those measures and any additional measures that may be necessary to achieve the nutrient reduction goals. In making a nutrient loading allocation to a permit holder, the Commission shall, to the extent allowed by federal and State law, give consideration to all voluntary efforts taken by the permit holder to protect water quality prior to the development of the nutrient management strategy."
SECTION 6.(b)  Section 3(e) of S.L. 2005‑190, as amended by Section 31(b) of S.L. 2006‑259, reads as rewritten:
"SECTION 3.(e)  Implementation; rulemaking. – The Environmental Management Commission shall adopt permanent rules to implement the nutrient management strategies required by this section by November 30, 2011. The rules shall require that reductions in nutrient loading from all sources begin no later than five years after the rules become effective."
SECTION 7.  Section 5 of S.L. 2007‑438 reads as rewritten:
"SECTION 5.  This act becomes effective September 1, 2007, and applies to all nutrient offset payments, including those set out in 15A NCAC 2B .0240, as adopted by the Environmental Management Commission on January 12, 2006. The fee schedule set out in Section 1 of this act expires September 1, 2010."
SECTION 8.  Sections 4 and 5 of this act are effective retroactive to April 1, 2009.  Sections 3 and 6 of this act become effective July 1, 2009.  Sections 1, 2, 7, and 8 of this act are effective when this act becomes law.