North Carolina rules with economic impact

              Rules that Affected Local
Governments in
SFY 2006-2007
and
Schedule of Rule Actions
Anticipated in
SFY 2008-2009
Prepared by the
North Carolina Office of State Budget and
Management,
Office of the Governor
March, 2008
1
2008 Rules that Affected Local Governments and Schedule of Anticipated Rule Actions
On May 17, 1994, Governor James B. Hunt Jr. issued Executive Order No. 49 entitled
“Fiscal Notes on Administrative Rules Affecting Local Governments.” The Executive Order
set forth policies and procedures for state agencies to follow when proposing permanent rules
with an impact on local governments. In 1995, the General Assembly incorporated these
policies as well as other changes in the Administrative Procedure Act (APA). The revised APA
enables local governments to be more involved in estimating the fiscal impact of permanent
rules on local budgets. State agencies also must be more aware of a proposed rule’s impact on
local governments.
Each year, the North Carolina Office of State Budget and Management (OSBM)
prepares an schedule of rule actions anticipated in the upcoming fiscal year, as required in the
APA, G.S. 150B-21.28 (see Appendix). The APA also requires OSBM to summarize the rules
adopted during the preceding fiscal year that affect local governments. OSBM is required to
provide a copy of this report to the Governor, the General Assembly, the North Carolina
Association of County Commissioners, and the North Carolina League of Municipalities.
2
Rule Changes Adopted in FY 2006-2007 Impacting Local Governments
Department of Environment and Natural Resources
Rule Title: Annual Emissions Reporting
Division: Division of Air Quality
Citation(s): 15A NCAC 2Q .0207
Contact Name: Michael Abraczinskas
Contact Phone: 919/715-3743
Adoption Date: 5/10/2007
Local Impact by Fiscal Year
FY 06-07 FY 07-08 FY 08-09 FY 09-10 FY 10-11
$0 $7,020 $7,020 $7,800 $7,800
Rule Title: Public Beach and Coastal Waterfront Access Program
Division: Division of Coastal Management
Citation(s): 15A NCAC 07M .0303, 15A NCAC 07M .0306, 15A NCAC
07M .0307
Contact Name: Tancred Miller
Contact Phone: 252-808-2808
Adoption Date: 5/18/2007
Local Impact by Fiscal Year
FY 06-07 FY 07-08 FY 08-09 FY 09-10 FY 10-11
($6,375) ($25,500) ($25,500) ($25,500) ($25,500)
Rule Title: Technical Standards for Beach Fill Projects
Division: Division of Coastal Management
Citation(s): 15A NCAC 07H .0312
Contact Name: Tancred Miller
Contact Phone: 252-808-2808
Adoption Date: 11/17/2006
Local Impact by Fiscal Year
FY 06-07 FY 07-08 FY 08-09 FY 09-10 FY 10-11
$1,830 $1,830 $1,830 $1,830 $1,830
3
Rule Title: Land Use Plan Public Hearing, Local Adoption, and
Presentation to CRC
Division: Division of Coastal Management
Citation(s): 15A NCAC 07B .0801
Contact Name: Tancred Miller
Contact Phone: 252-808-2808
Adoption Date: 11/17/2006
Local Impact by Fiscal Year
FY 06-07 FY 07-08 FY 08-09 FY 09-10 FY 10-11
$60 $60 $60 $60 $60
Rule Title: Public Notification Requirements
Division: Division of Environmental Health
Citation(s): 15A NCAC 18C .1523
Contact Name: Linda Raynor
Contact Phone: 919/715-3225
Adoption Date: 8/16/2006
Local Impact by Fiscal Year
FY 06-07 FY 07-08 FY 08-09 FY 09-10 FY 10-11
$23,730 $23,730 $23,730 $23,730 $23,730
Rule Title: Fees
Division: Division of Environmental Health
Citation(s): 15A NCAC 11 .1106, 15A NCAC 11 .1102, 15A NCAC 11 .1104,
15A NCAC 11 .1105, 15A NCAC 11 .1423
Contact Name: Beverly Hall
Contact Phone: 919/571-4141
Adoption Date: 5/1/2007
Local Impact by Fiscal Year
FY 06-07 FY 07-08 FY 08-09 FY 09-10 FY 10-11
$0 $3,800 $3,800 $3,800 $3,800
4
Rule Title: Rules Governing Food Service Establishments
Division: Division of Environmental Health
Citation(s): 15A NCAC 18A .2609, 15A NCAC 18A .2620, 15A NCAC 18A
.2638
Contact Name: Kristi Nixon
Contact Phone: 252/482-1952
Adoption Date: 8/22/2007
Local Impact by Fiscal Year
FY 06-07 FY 07-08 FY 08-09 FY 09-10 FY 10-11
$0 $49,700 $0 $0 $0
Rule Title: Construction and Demolition Landfill Requirements
Division: Division of Waste Management
Citation(s): 15A NCAC 13B .0532- .0547
Contact Name: Ed Mussler
Contact Phone: 919/508-8495
Adoption Date: 8/16/2006
Local Impact by Fiscal Year
FY 06-07 FY 07-08 FY 08-09 FY 09-10 FY 10-11
$436,750 $436,750 $436,750 $436,750 $436,750
Rule Title: Standards for New and Replacement Underground Storage
Tank Systems
Division: Division of Waste Management
Citation(s): 15A NCAC 2N .0201, .0203, .0304, .0502, .0503, .0907, .0301,
.0302, .0901, .0902, .0903, .0904, .0905, .0906
Contact Name: Ruth Strauss
Contact Phone: 919/733-1330
Adoption Date: 7/14/2007
Local Impact by Fiscal Year
FY 06-07 FY 07-08 FY 08-09 FY 09-10 FY 10-11
$0 $45,800 $47,675 $49,550 $51,425
5
Rule Title: Surface Water Quality Standards for Biological and Toxic
Substances
Division: Division of Water Quality
Citation(s): 15A NCAC 02B .0204, .0208, .0211, .0212, .0214, .0215, .0216,
.0218, .0220, .0221, .0222
Contact Name: Connie Brower
Contact Phone: 919-733-5083
Adoption Date: 3/8/2007
Local Impact by Fiscal Year
FY 06-07 FY 07-08 FY 08-09 FY 09-10 FY 10-11
$8,264 $11,848 $17,672 $21,256 $24,840
Rule Title: Revision of Fee Schedule for Compensatory Mitigation1
Division: Ecosystem Enhancement Program
Citation(s): 15A NCAC 2R.0101; 15A NCAC 2R.0201; 15A NCAC 2R.0203;
15A NCAC 2R.0401; 15A NCAC 2R.0402
Contact Name: Suzanne Klimek
Contact Phone: 919/715-1835
Adoption Date: 9/13/2007
Local Impact by Fiscal Year
FY 06-07 FY 07-08 FY 08-09 FY 09-10 FY 10-11
$0 $152,500 $152,500 $152,500 $152,500
Totals for Department of Environment and Natural Resources
Number of Rules: 11
Local Impact by Fiscal Year
FY 06-07 FY 07-08 FY 08-09 FY 09-10 FY 10-11
$464,259 $707,538 $665,537 $671,776 $677,235
1 The “Revision of Fee Schedule for Compensatory Mitigation” rule is pending legislative review.
6
Department of Insurance
Rule Title: 2003 International Codes with 2006 NC Amendments
Division: State Building Code Council
Citation(s): 2006 NC Fire Code Section 903.2.7, 2006 NC Building Code
Section 903.2.7
Contact Name: Barry Gupton
Contact Phone: 919-661-5880
Adoption Date: 9/4/2006
Local Impact by Fiscal Year
FY 06-07 FY 07-08 FY 08-09 FY 09-10 FY 10-11
$2,878,562 $2,951,965 $3,027,240 $3,104,435 $3,183,598
Totals for Department of Insurance
Number of Rules: 1
Local Impact by Fiscal Year
FY 06-07 FY 07-08 FY 08-09 FY 09-10 FY 10-11
$2,878,562 $2,951,965 $3,027,240 $3,104,435 $3,183,598
Department of Labor
Rule Title: Certificate of Operation Reinstatement Fee
Division: Elevator and Amusement Device Bureau
Citation(s): 13 NCAC 15 .0706
Contact Name: Erin T. Gould
Contact Phone: (919) 733-7885
Adoption Date: 6/6/2007
Local Impact by Fiscal Year
FY 06-07 FY 07-08 FY 08-09 FY 09-10 FY 10-11
$0 $12,400 $6,200 $5,580 $5,022
Totals for Department of Labor
Number of Rules: 1
Local Impact by Fiscal Year
FY 06-07 FY 07-08 FY 08-09 FY 09-10 FY 10-11
$0 $12,400 $6,200 $5,580 $5,022
7
Total Local Impact of Rules Approved in FY 06-07
Number of Rules: 13
Local Impact by Fiscal Year
FY 06-07 FY 07-08 FY 08-09 FY 09-10 FY 10-11
$3,342,821 $3,671,903 $3,698,977 $3,781,791 $3,865,855
8
Rule Changes Anticipated in FY 2008-2009
Board of Sanitarian Examiners
Rule Title: Fee Increases
Division:
Citation(s): 21 NCAC 62 .0405
Contact Name: Malcolm Blalock
Contact Phone: 919-341-2739
Rule Summary: The proposal intends to increase several existing fees and create one
new fee. Specifically, it is proposed to change (in .0405 (1)) to
increase the fee for applications from $35.00 to $50.00. In
paragraph .0405 (2), the proposal would establish a new $50.00
administrative fee for taking the examination. In paragraph .0405
(3) increase the fee for reciprocity from $35.00 to $50.00. In
paragraph .0405 (4) increase the fee for annual renewal from $35.00
to $50.00. The Board is seeking legislation in the 2008 Short
Session to allow increases in fees, along with other technical
changes. The current fees have not changed since 1982, and
expenses are currently exceeding income.
Federal Citation (if rule
required by federal law):
Anticipated Anticipated Rule Action:
State Government: N Adopt: N
Local Governments: Y Amend: Y
Substantial Economic N Repeal: N
_______________________________________________________________________________________
Totals for Board of Sanitarian Examiners
Number of Anticipated Rules: 1
9
Department of Correction
Rule Title: Cost for Copies
Division:
Citation(s): 05 NCAC 01F .0101; .0102 and .0201
Contact Name: Joan Elizabeth Taylor (Joanie Taylor)
Contact Phone: 919-716-3368
Rule Summary: 05 NCAC 01F .0101 - Location (no fiscal impact); 05 NCAC 01F
.0102 - Cost for Copies (copying charges will affect the entities
requesting copies from the Department of Correction, which
includes both State and Local governments; and 05 NCAC 01F
.0201 - Filing a Petition for Rule-Making (establishes procedures for
requesting the initiation of a rule from the Department of
Correction) - no fiscal impact.
Federal Citation (if rule
required by federal law):
Anticipated Anticipated Rule Action:
State Government: Y Adopt: Y
Local Governments: Y Amend: N
Substantial Economic N Repeal: N
_______________________________________________________________________________________
Totals for Department of Correction
Number of Anticipated Rules: 1
10
Department of Environment and Natural Resources
Rule Title: Title V Annual Permit Fees
Division: Division of Air Quality
Citation(s): 15A NCAC 02Q .0203 and 02Q .0204
Contact Name: Mike Abraczinskas
Contact Phone: 919-715-3743
Rule Summary: This rule amendment raises the Title V annual permit fees and
tonnage fees on a phased approach through 2011. During the
phase-in period, no inflation adjustments will be made to the Title V
fees. There are three State government facilities (steam plants at
universities) that hold Title V permits. There are six local
government facilities (typically city/county landfills) that hold Title
V permits.
Federal Citation (if rule The Federal Clean Air Act requires that Title V expenses be
required by federal law): covered by Title V fees in Section 502(b)(3)(A).
Anticipated Anticipated Rule Action:
State Government: Y Adopt: N
Local Governments: Y Amend: Y
Substantial Economic Y Repeal: N
_______________________________________________________________________________________
Rule Title: Conditional Exception to the Static Line
Division: Division of Coastal Management
Citation(s): 15A NCAC 07J .1200
Contact Name: Tancred Miller
Contact Phone: 252-808-2808
Rule Summary: The Coastal Resources Commission currently has rules requiring the
creation of a static development setback line along oceanfront
beaches that have undergone large-scale nourishment projects. The
Commission is revising those rules to allow for a conditional
exception to the static line if a town meets certain requirements.
7J.1200 is being adopted to define those requirements, as well as the
procedures for requesting the exception, and conditions under
which the exception may expire or be revoked.
Federal Citation (if rule
required by federal law):
Anticipated Anticipated Rule Action:
State Government: Y Adopt: Y
Local Governments: Y Amend: N
Substantial Economic U Repeal: N
_______________________________________________________________________________________
11
Rule Title: New fee for mammography facilities
Division: Division of Environmental Health
Citation(s): 15A NCAC 11 .1105
Contact Name: Jon Granger
Contact Phone: 919-571-4141
Rule Summary: Although we are creating a new fee for mammography facilities, we
expect the facilities to have at least a 20% reduction in their total
fees. Our new fees will replace the current fees paid by the facility to
the FDA which are higher than we expect to charge. We have state
government facilities that will be impacted by this change. There
should be no economic impact since all facilities have to comply
with these rules on the federal level.
Federal Citation (if rule
required by federal law):
Anticipated Anticipated Rule Action:
State Government: Y Adopt: N
Local Governments: N Amend: Y
Substantial Economic N Repeal: N
_______________________________________________________________________________________
Rule Title: Analytical x-ray facilities
Division: Division of Environmental Health
Citation(s): 15A NCAC 11 .0808, 15A NCAC 11 .0809, 15A NCAC 11 .0810,
15A NCAC 11 .0811, 15A NCAC 11 .0812
Contact Name: Jon Granger
Contact Phone: 919-571-4141
Rule Summary: These rules are for analytical x-ray facilities. We have a few state
government educational registrants that will be impacted by these
rules.
Federal Citation (if rule
required by federal law):
Anticipated Anticipated Rule Action:
State Government: Y Adopt: Y
Local Governments: N Amend: N
Substantial Economic N Repeal: N
_______________________________________________________________________________________
12
Rule Title: Industrial radiography facilities
Division: Division of Environmental Health
Citation(s): 15A NCAC 11 .0526
Contact Name: Jon Granger
Contact Phone: 919-571-4141
Rule Summary: These rules are for industrial radiography facilities. We have a few
state government medical, educational and law enforcement
registrants that will be impacted by these rules.
Federal Citation (if rule
required by federal law):
Anticipated Anticipated Rule Action:
State Government: Y Adopt: Y
Local Governments: N Amend: N
Substantial Economic N Repeal: N
_______________________________________________________________________________________
Rule Title: FDA rules for mammography facilities
Division: Division of Environmental Health
Citation(s): 15A NCAC 11 .0117
Contact Name: Jon Granger
Contact Phone: 919-571-4141
Rule Summary: We plan to incorporate by reference FDA rules for mammography
facilities. These rules have been enforced for all mammography
facilities since 10-1-1994 on an interim basis and were finalized on
4-28-1999. We have state government facilities that will be impacted
by this change.
Federal Citation (if rule
required by federal law):
Anticipated Anticipated Rule Action:
State Government: Y Adopt: N
Local Governments: N Amend: Y
Substantial Economic N Repeal: N
_______________________________________________________________________________________
13
Rule Title: Analytical x-ray facilities
Division: Division of Environmental Health
Citation(s): 15A NCAC 11 .0802, 15A NCAC 11 .0803, 15A NCAC 11
.0805, 15A NCAC 11 .0806, 15A NCAC 11 .0807
Contact Name: Jon Granger
Contact Phone: 919-571-4141
Rule Summary: These rules are for analytical x-ray facilities. We have a few state
government educational registrants that will be impacted by these
rules.
Federal Citation (if rule
required by federal law):
Anticipated Anticipated Rule Action:
State Government: Y Adopt: N
Local Governments: N Amend: Y
Substantial Economic N Repeal: N
_______________________________________________________________________________________
Rule Title: Healing arts x-ray facilities
Division: Division of Environmental Health
Citation(s): 15A NCAC 11 .0602, 15A NCAC 11 .0603, 15A NCAC 11
.0604, 15A NCAC 11 .0605, 15A NCAC 11 .0606, 15A NCAC
11 .0607, 15A NCAC 11 .0610
Contact Name: Jon Granger
Contact Phone: 919-571-4141
Rule Summary: These rules are for healing arts x-ray facilities. We have a few state
government medical, educational and law enforcement registrants
that will be impacted by these rules.
Federal Citation (if rule
required by federal law):
Anticipated Anticipated Rule Action:
State Government: Y Adopt: N
Local Governments: N Amend: Y
Substantial Economic N Repeal: N
_______________________________________________________________________________________
14
Rule Title: Industrial radiography facilities
Division: Division of Environmental Health
Citation(s): 15A NCAC 11 .0502, 15A NCAC 11 .0510, 15A NCAC 11 .0518,
15A NCAC 11 .0520, 15A NCAC 11 .0521, 15A NCAC 11 .0524
Contact Name: Jon Granger
Contact Phone: 919-571-4141
Rule Summary: These rules are for industrial radiography facilities. We have a few
state government medical, educational and law enforcement
registrants that will be impacted by these rules.
Federal Citation (if rule
required by federal law):
Anticipated Anticipated Rule Action:
State Government: Y Adopt: N
Local Governments: N Amend: Y
Substantial Economic N Repeal: N
_______________________________________________________________________________________
Rule Title: Tracking of certain radioactive sources via web-based
database system.
Division: Division of Environmental Health
Citation(s): 15A NCAC 11 .1654
Contact Name: J. Marion Eaddy III, MSEH, Health Physicist
Contact Phone: 919.571.4141 ext. 236
Rule Summary: System will be developed by Federal Government (US NRC) and
available to NC licensees at no charge. Unsure how many hours
will be required to comply with this regulation. NRC's regulatory
analysis (71 FR65685) indicates most of the burden will fall on
manufacturers of these sources. There are no licensees in NC who
manufacture these sources; therefore, the cost to licensees will be
directly related to the amount of time entering information in to the
tracking system and performing an annual reconciliation of the data.
Federal Citation (if rule Section 274 of the Atomic Energy Act of 1954, as amended
required by federal law):
Anticipated Anticipated Rule Action:
State Government: U Adopt: Y
Local Governments: N Amend: N
Substantial Economic N Repeal: N
_______________________________________________________________________________________
15
Rule Title: Security Requirements for Portable Nuclear Gauge
Division: Division of Environmental Health
Citation(s): 15A NCAC 11 .0338
Contact Name: J. Marion Eaddy III, MSEH, Health Physicist
Contact Phone: 919.571.4141 ext. 236
Rule Summary: Adding additional security requirements for portable nuclear gauge
licensees. NC DOT has a number of the portable gauge devices for
use in road construction; county health departments and city street
maintenance departments may have these devices, though the
number is declining. NRC estimated in their analysis (70 FR 2001)
that the cost would average to $200.00 per gauge.
Federal Citation (if rule Section 274 of the Atomic Energy Act of 1954, as amended
required by federal law):
Anticipated Anticipated Rule Action:
State Government: Y Adopt: N
Local Governments: U Amend: Y
Substantial Economic N Repeal: N
_______________________________________________________________________________________
Rule Title: Healing arts x-ray facilities
Division: Division of Environmental Health
Citation(s): 15A NCAC 11 .0611, 15A NCAC 11 .0612
Contact Name: Jon Granger
Contact Phone: 919-571-4141
Rule Summary: These rules are for healing arts x-ray facilities. We have a few state
government medical, educational and law enforcement registrants
that will be impacted by these rules.
Federal Citation (if rule
required by federal law):
Anticipated Anticipated Rule Action:
State Government: Y Adopt: Y
Local Governments: N Amend: N
Substantial Economic N Repeal: N
_______________________________________________________________________________________
16
Rule Title: Amendment to alcohol prohibition rule
Division: Division of Parks and Recreation
Citation(s): 15A NCAC 12B .1003
Contact Name: Bryan Dowdy, Parks Chief Ranger
Contact Phone: 919/715-7612
Rule Summary: The Division is considering requesting an amendment to our
alcohol prohibition rule to allow it in designated parks and areas
under a special use permit with strict parameters.
Federal Citation (if rule
required by federal law):
Anticipated Anticipated Rule Action:
State Government: Y Adopt: N
Local Governments: N Amend: Y
Substantial Economic N Repeal: N
_______________________________________________________________________________________
Rule Title: Transfer Stations and Storage Facilities
Division: Division of Waste Management
Citation(s): 15A NCAC 13B .0400
Contact Name: Ellen Lorscheider
Contact Phone: 919-508-8499
Rule Summary: Transfer Stations and Storage Facilities will require additional safety
requirements, such as concrete pads and enclosures, which will
require increased construction costs for counties and local
governments.
Federal Citation (if rule
required by federal law):
Anticipated Anticipated Rule Action:
State Government: N Adopt: N
Local Governments: Y Amend: Y
Substantial Economic N Repeal: N
_______________________________________________________________________________________
17
Rule Title: Treatment and Processing of wood, concrete and inert debris
Division: Division of Waste Management
Citation(s): 15A NCAC 13B .0300
Contact Name: Ellen Lorscheider
Contact Phone: 919-508-8499
Rule Summary: Treatment and Processing of wood, concrete and inert debris rules
will affect existing operations at existing solid waste facilities at
county and municipal facilities.
Federal Citation (if rule
required by federal law):
Anticipated Anticipated Rule Action:
State Government: U Adopt: Y
Local Governments: Y Amend: N
Substantial Economic U Repeal: N
_______________________________________________________________________________________
Rule Title: Stormwater control requirements for state and federal entities
Division: Division of Water Quality
Citation(s): 15A NCAC 02B .0271
Contact Name: Rich Gannon or Jason Robinson
Contact Phone: 919-733-5083 x356 or x537
Rule Summary: Would establish parallel stormwater control requirements for state
and federal entities to those imposed on local governments under
rules .0265 and .0266. Requirements address both new and existing
development and call for education and illicit discharge elimination
programs. Annual reports would be required.
Federal Citation (if rule
required by federal law):
Anticipated Anticipated Rule Action:
State Government: Y Adopt: Y
Local Governments: N Amend: N
Substantial Economic N Repeal: N
_______________________________________________________________________________________
18
Rule Title: Stormwater controls on new development activities in
Jordan watershed
Division: Division of Water Quality
Citation(s): 15A 02B .0265
Contact Name: Rich Gannon or Jason Robinson
Contact Phone: 919-733-5083 x356 or x537
Rule Summary: Would require all local governments in the Jordan watershed to
develop and implement programs to require stormwater controls on
new development activities to meet sub watershed nutrient loading
rate targets. Developers would control nutrient export to minimum
levels onsite, and could meet remaining reduction needs through in-lieu
fee payment to EEP, or to local governments with a Division-approved
local offset plan. Control of flows for stream protection
would also be required. Development in existing water supply
watersheds would also be required to comply with density-related
treatment thresholds and density caps designed to protect local
water supplies where they are more stringent. Within one year of
effective date, the Division would submit a model local program to
the Commission for approval. Within another six months, local
governments would submit programs for Division review and
subsequent Commission approval. Within two and a half years after
the effective date, local programs would be implemented. Annual
reports would be required.
Federal Citation (if rule
required by federal law):
Anticipated Anticipated Rule Action:
State Government: N Adopt: Y
Local Governments: Y Amend: N
Substantial Economic N Repeal: N
_______________________________________________________________________________________
19
Rule Title: Loading reduction measures on existing developed lands
Division: Division of Water Quality
Citation(s): 15A NCAC 02B .0266
Contact Name: Rich Gannon or Jason Robinson
Contact Phone: 919-733-5083 x356 or x537
Rule Summary: Would require all local governments to implement loading reduction
measures on existing developed lands toward long-term load
reduction targets for those lands. They would conduct feasibility
studies, and then submit program proposals for Division and
Commission approval within three years after effective date.
Programs would propose implementation rate, nature and overall
timeframes envisioned. Programs would be implemented within
four years of rule effective date. Programs for public education and
illegal discharge detection and elimination are to be implemented
within two and a half years. Annual reports are required.
Federal Citation (if rule
required by federal law):
Anticipated Anticipated Rule Action:
State Government: N Adopt: Y
Local Governments: Y Amend: N
Substantial Economic Y Repeal: N
_______________________________________________________________________________________
Rule Title: Goose Creek Threatened and Endangered Species Site
Specific Management Plan
Division: Division of Water Quality
Citation(s): 15A NCAC 2B
Contact Name: Jeff Manning
Contact Phone: 733-5083, ext 579
Rule Summary: Goose Creek Threatened and Endangered Species Site Specific
Management Plan, requires stream protection via buffers and
stormwater control, prohibits new or expanded discharges, and
prohibits ammonia toxicity to the endangered species.
Federal Citation (if rule
required by federal law):
Anticipated Anticipated Rule Action:
State Government: Y Adopt: N
Local Governments: N Amend: Y
Substantial Economic U Repeal: N
_______________________________________________________________________________________
20
Rule Title: Existing vegetated riparian areas in the Jordan watershed
Division: Division of Water Quality
Citation(s): 15A NCAC 02B .0267
Contact Name: Rich Gannon or Jason Robinson
Contact Phone: 919-733-5083 x356 or x537
Rule Summary: Would require local governments to protect existing vegetated
riparian areas 50 feet wide adjacent to intermittent and perennial
streams, lakes, and ponds in the Jordan watershed. The first 30 feet
adjacent to waters would be largely undisturbed forest, while the
outer 20 feet could be managed vegetation. Existing, ongoing
activities within these buffers could continue, while a change in land
use would invoke the protections. Certain uses of land within the
buffer are identified as exempt, allowable, or allowable with
mitigation, while uses not listed would be prohibited.
Federal Citation (if rule
required by federal law):
Anticipated Anticipated Rule Action:
State Government: N Adopt: Y
Local Governments: Y Amend: N
Substantial Economic Y Repeal: N
_______________________________________________________________________________________
Rule Title: Revise the groundwater standard for arsenic
Division: Division of Water Quality
Citation(s): 15A NCAC 2L
Contact Name: Jeff Manning
Contact Phone: 733-5083, ext 579
Rule Summary: Revise the groundwater standard for arsenic, may require longer
term treatment, or establishment of treatment at contaminated sites.
Federal Citation (if rule
required by federal law):
Anticipated Anticipated Rule Action:
State Government: Y Adopt: N
Local Governments: Y Amend: Y
Substantial Economic Y Repeal: N
_______________________________________________________________________________________
21
Rule Title: Point source annual N and P mass loading goals
Division: Division of Water Quality
Citation(s): 15A NCAC 02B .0270
Contact Name: Rich Gannon or Jason Robinson
Contact Phone: 919-733-5083 x356 or x537
Rule Summary: Would distribute the entire point source annual N and P mass
loading goals for each arm in the form of annual mass allocations to
existing dischargers within each of the three sub watersheds.
Discharge concentration equivalents at full flow range from 3.04
mg/L TN and 0.23 mg/L TP in the Upper New Hope Arm to 5.30
mg/L TN and 0.67 mg/L TP in the Haw River Arm. By
comparison, requirements for lower Neuse dischargers equate to
3.71 mg/L TN and 2.0 mg/L TP. As in the Neuse, includes
provisions for new and expanding dischargers, an option for group
compliance and in-lieu offset fees to EEP for exceeding the cap,
and an option for transfer of allocation among individual
dischargers. It would also require optimization of existing facilities,
and would improve protections against localized water quality
degradation.
Federal Citation (if rule
required by federal law):
Anticipated Anticipated Rule Action:
State Government: N Adopt: Y
Local Governments: Y Amend: N
Substantial Economic Y Repeal: N
_______________________________________________________________________________________
Rule Title: Jordan Reservoir Nutrient Management Strategy
Division: Division of Water Quality
Citation(s): 15A NCAC 2B
Contact Name: Rich Gannon
Contact Phone: 733-5083, ext 356
Rule Summary: Jordan Reservoir Nutrient Management Strategy. Requires local
government watershed planning, state permitting, and DOT
permitting to control and remediate pollution to Jordan Reservoir.
Federal Citation (if rule
required by federal law):
Anticipated Anticipated Rule Action:
State Government: Y Adopt: N
Local Governments: Y Amend: Y
Substantial Economic Y Repeal: N
_______________________________________________________________________________________
22
Rule Title: Reclassify surface waters
Division: Division of Water Quality
Citation(s): 15A NCAC 2B
Contact Name: Elizabeth Kountis
Contact Phone: 733-5083, ext 369
Rule Summary: Reclassify surface waters for various uses including Outstanding
Resource Waters, High Quality Waters, Trout waters, and Water
Supply watersheds. Reclassifications require additional protections
implemented via DOT permits, through local ordinance watershed
planning, and/or through state permitting actions.
Federal Citation (if rule
required by federal law):
Anticipated Anticipated Rule Action:
State Government: Y Adopt: N
Local Governments: Y Amend: Y
Substantial Economic Y Repeal: N
_______________________________________________________________________________________
Rule Title: National Pollution Discharge Elimination System (NPDES)
Permitting and Pretreatment
Division: Division of Water Quality
Citation(s): 15A NCAC 2H
Contact Name: Mike Templeton
Contact Phone: 733-5083, ext 541
Rule Summary: National Pollution Discharge Elimination System (NPDES)
Permitting and Pretreatment, establishing Best Available
Technology treatment requirements for nutrients which will require
capital improvements at wastewater treatment plants; prohibiting
ocean discharges as recommended by the State Coastal Habitat
Protection Plan; and, modifying pretreatment rules to be consistent
with federal requirements.
Federal Citation (if rule Contact Dana Folley, ext 733-5083, x523
required by federal law):
Anticipated Anticipated Rule Action:
State Government: Y Adopt: N
Local Governments: Y Amend: Y
Substantial Economic Y Repeal: N
_______________________________________________________________________________________
23
Rule Title: Non-discharge facility monitoring requirements
Division: Division of Water Quality
Citation(s): 15A NCAC 2T
Contact Name: Kim Colson
Contact Phone: 715-6165
Rule Summary: Non-discharge facility monitoring requirements, to add new
environmental monitoring requirements.
Federal Citation (if rule
required by federal law):
Anticipated Anticipated Rule Action:
State Government: Y Adopt: Y
Local Governments: Y Amend: N
Substantial Economic U Repeal: N
_______________________________________________________________________________________
Rule Title: Well Construction Standards
Division: Division of Water Quality
Citation(s): 15A NCAC 2C
Contact Name: Evan Kane
Contact Phone: 715-6182
Rule Summary: Well Construction Standards, modifies construction criteria for all
wells by incorporating new well product standards. Total costs will
be determined by the number of new wells constructed in future
years. Current annual construction rate is approximately 20,000
wells.
Federal Citation (if rule
required by federal law):
Anticipated Anticipated Rule Action:
State Government: N Adopt: N
Local Governments: Y Amend: Y
Substantial Economic U Repeal: N
_______________________________________________________________________________________
24
Rule Title: Lagoon Conversion Rules
Division: Division of Water Quality
Citation(s): 15A NCAC 2T
Contact Name: Ted Bush
Contact Phone: 715-6172
Rule Summary: Lagoon Conversion Rules, in accordance with Senate Bill 1465,
these rules will apply to facilities interested in upgrading old waste
lagoon systems into innovative treatment systems. The State is
offering to cost-share these systems to 90% up to $500,000, and has
$2,000,000 for this purpose.
Federal Citation (if rule
required by federal law):
Anticipated Anticipated Rule Action:
State Government: Y Adopt: Y
Local Governments: N Amend: N
Substantial Economic U Repeal: N
_______________________________________________________________________________________
Rule Title: Reclaimed Wastewater Rules
Division: Division of Water Quality
Citation(s): 15A NCAC 2T
Contact Name: Kim Colson
Contact Phone: 715-6165
Rule Summary: Reclaimed Wastewater rules, will add or modify requirements for
using reclaimed wastewater.
Federal Citation (if rule
required by federal law):
Anticipated Anticipated Rule Action:
State Government: Y Adopt: N
Local Governments: Y Amend: Y
Substantial Economic Y Repeal: N
_______________________________________________________________________________________
Totals for Department of Environment and Natural Resources
Number of Anticipated Rules: 29
25
Department of Health and Human Services
Rule Title: Special Care Units for Adult Care home beds
Division: Division of Health Service Regulation
Citation(s): 10A 13D .3034, .3035, .3036, .3037, .3038, .3039, ..3040, .3041
Contact Name: Nadine Pfeiffer
Contact Phone: 919-855-3758
Rule Summary: Adopting the rules for Special Care Units for Adult Care home beds
in combination Nursing Homes. These rules contain the following:
3034: Definitions for Special Care Units. 3035: Information about
the disclosure facilities with Special Care Units must submit and
who may consider themselves as having Special Care Units. 3036:
Information about the building requirements facilities with Special
Care Units must comply with. 3037: Policies and procedures for the
Special Care Units. 3038: Admission requirements for residents to
the Special Care Units. 3039: Resident care plan and assessment in
the Special Care Units. 3040: Staffing in the Special Care Units.
3041: Staff orientation and training in the Special Care Units. There
would be more reimbursement from Medicaid for homes that had
these units.
Federal Citation (if rule
required by federal law):
Anticipated Anticipated Rule Action:
State Government: Y Adopt: Y
Local Governments: N Amend: N
Substantial Economic N Repeal: N
_______________________________________________________________________________________
Rule Title: Special Care Unit designation on the Nursing Homes
Division: Division of Health Service Regulation
Citation(s): 10A 13D .2102
Contact Name: Nadine Pfeiffer
Contact Phone: 919-855-3758
Rule Summary: Amending the rule for a Special Care Unit designation on the
Nursing Homes license for this type of unit for Adult Care beds in
combination nursing homes. There would be more reimbursement
from Medicaid for homes with this licensure designation.
Federal Citation (if rule
required by federal law):
Anticipated Anticipated Rule Action:
State Government: Y Adopt: N
Local Governments: N Amend: Y
Substantial Economic N Repeal: N
_______________________________________________________________________________________
26
Rule Title: Payment, reporting, and settlement of LME Systems
Management funding.
Division: Division of Mental Health, Developmental Disabilities and
Citation(s): 10A NCAC 27A .0301-.0304
Contact Name: W. Denise Baker
Contact Phone: 919-715-2780
Rule Summary: The proposed rules are to establish the requirements of the
payment, reporting, and settlement of Local Management Entity
Systems Management funding.
Federal Citation (if rule
required by federal law):
Anticipated Anticipated Rule Action:
State Government: N Adopt: Y
Local Governments: Y Amend: N
Substantial Economic N Repeal: N
_______________________________________________________________________________________
Rule Title: Uniform co-payment schedule for MH/DD/SAS.
Division: Division of Mental Health, Developmental Disabilities and
Citation(s): 10A NCAC 27A .0501-.0502
Contact Name: W. Denise Baker
Contact Phone: 919-715-2780
Rule Summary: The proposed rules are to create and ensure the implementation of
a uniform co-payment schedule for MH/DD/SA services.
Federal Citation (if rule
required by federal law):
Anticipated Anticipated Rule Action:
State Government: U Adopt: Y
Local Governments: U Amend: N
Substantial Economic U Repeal: N
_______________________________________________________________________________________
Totals for Department of Health and Human Services
Number of Anticipated Rules: 4
27
Department of Justice
Rule Title: Concealed handguns for retired law enforcement officers
Division: Criminal Justice Education and Training Standards Commission
Citation(s): 12NCAC 9H new section
Contact Name: Teresa Marrella
Contact Phone: 919-716-6470
Rule Summary: Federal law requires us to create a program to allow retired law
enforcement officers to qualify annually with a handgun that they
wish to carry concealed. We have been given legislative authority to
create the program and to establish reasonable fees for it. It will
impact State government at the Dept of Justice, Criminal Justice
Standards Division, because we must assign a staff member to
manage the program.
Federal Citation (if rule Law Enforcement Officers Safety Act 18 U.S. Code 926B and 926C
required by federal law):
Anticipated Anticipated Rule Action:
State Government: Y Adopt: Y
Local Governments: U Amend: N
Substantial Economic U Repeal: N
_______________________________________________________________________________________
Rule Title: In-service training
Division: Sheriffs' Training & Standards Commission
Citation(s): 12 NCAC 10B .2005 & .2007
Contact Name: Julia A. Lohman
Contact Phone: 919 716 6460
Rule Summary: Annual revision of mandated in-service training for Deputy Sheriffs,
Detention Officers, and Telecommunicators.
Federal Citation (if rule
required by federal law):
Anticipated Anticipated Rule Action:
State Government: Y Adopt: N
Local Governments: Y Amend: Y
Substantial Economic Y Repeal: N
_______________________________________________________________________________________
Totals for Department of Justice
Number of Anticipated Rules: 2
28
Department of Labor
Rule Title: Public Safety Divers
Division: Occupational Safety & Health Division
Citation(s): 13 NCAC 07F .0800 et seq.
Contact Name: Erin T. Gould
Contact Phone: (919) 733-7885
Rule Summary: The proposed rule will set forth standards applicable to Public
Safety Divers in order to provide a means of regulation for the
same. Currently, there are federal standards applicable to
commercial diving which exclude public safety operations and
adoption of the proposed state specific rules will provide a safer,
consistently regulated industry. The proposed rule will require
unknown expenditures for the requisition of equipment, medical
testing of employees, and additional training.
Federal Citation (if rule
required by federal law):
Anticipated Anticipated Rule Action:
State Government: Y Adopt: Y
Local Governments: Y Amend: N
Substantial Economic U Repeal: N
_______________________________________________________________________________________
Totals for Department of Labor
Number of Anticipated Rules: 1
29
Office of State Personnel
Rule Title: Salaries for Area Mental Health Directors.
Division:
Citation(s): 25 NCAC 1I.2108
Contact Name: E. D. Maynard, III
Contact Phone: 919-807-4806
Rule Summary: Because of a recent change to the enabling statute for Area Mental
Health boards, the Legislature has now required the State Personnel
Commission to adopt a salary range for the salaries for Area Mental
Health Directors.
Federal Citation (if rule
required by federal law):
Anticipated Anticipated Rule Action:
State Government: N Adopt: Y
Local Governments: Y Amend: N
Substantial Economic N Repeal: N
_______________________________________________________________________________________
Totals for Office of State Personnel
Number of Anticipated Rules: 1
Number of Rules Anticipated in FY 08-09: 39
30
Appendix: North Carolina Statute Requiring this Report
§ 150B-21.28. Role of the Office of State Budget and Management.
The Office of State Budget and Management shall:
(1) Compile an annual summary of the projected fiscal impact on units of local
government of State administrative rules adopted during the preceding
fiscal year.
(2) Compile from information provided by each agency schedules of
anticipated rule actions for the upcoming fiscal year.
(3) Provide the Governor, the General Assembly, the North Carolina
Association of County Commissioners, and the North Carolina League of
Municipalities with a copy of the annual summary and schedules by no later
than March 1 of each year.