WeVote
Log In

Bill

Bill

HB 627

Pub. Rec./Law Enforcement Officers Actively Engaged in Official Duty

2026 Regular Session Introduced by Kim Berfield

NC HB 627 directs implementing on-site wastewater rules with protections for pre-2024 permits, while expediting readoption of permanent rules.

Now in Criminal Justice Subcommittee
#subjectindex #publicofficers #employees #andrecords
0
WeVote Research Nonpartisan
Bill Summary · HB 627

Summary — HB 627: On‑Site Wastewater Rules Implementation (N.C., SL 2023‑77)

Status: Ratified / Session Law 2023‑77; signed by the Governor July 7, 2023.

Purpose
- Directs the North Carolina Commission for Public Health (the Commission) to implement the on‑site wastewater rules (15A NCAC 18E) in a specific manner for existing permits and to readopt permanent rules consistent with that implementation. The act preserves existing approvals for many systems and provides definitions, application and permitting clarifications while authorizing expedited rulemaking.

Key provisions and changes
- Applicability (retroactivity protection)
- The 15A NCAC 18E rules do not apply to any wastewater system for which an Improvement Permit, Construction Authorization, Operation Permit, Notice of Intent to Construct, Authorization to Operate, Certificate of Completion, or equivalent was issued prior to January 1, 2024 — unless the facility’s design daily flow or wastewater strength is increased.
- “Wastewater strength” is not considered increased unless the facility is commercial (or becomes commercial) and meets the rule definition of high‑strength effluent.
- Systems permitted before Jan 1, 2024 must meet the setback requirements in effect when their permit/authorization was issued.
- Systems installed prior to July 1, 1977, and existing systems for which permits cannot be found, are not to be considered to meet certain newer conditions in Rule 18E .0302(c)(5) or (c)(6).

  • Definitions and flow standards

    • Defines “accessory dwelling unit” and sets the design daily flow for accessory units at 120 gallons/day per bedroom, or 60 gallons/day per person when occupancy exceeds two persons per bedroom.
    • Clarifies terms such as “applicant” and “serial distribution.”

  • Application and permitting process

    • Requires applicants to submit Improvement Permit and Construction Authorization applications to the local health department prior to construction, relocation, or when increasing design daily flow/wastewater strength.
    • Existing system authorizations must be submitted prior to site modifications that require a building permit.
    • Improvement permits must include usable depth to limiting conditions, long‑term acceptance rates for initial and repair systems, and maximum trench depths that consider percent slope.

  • Rulemaking authority and procedure

    • Directs the Commission to adopt revised permanent rules consistent with the statutory implementations above.
    • The statute requires the Commission’s new rules to be substantively identical to the act’s provisions and exempts those adoptions from certain portions of the general administrative rulemaking procedures (not subject to Part 3 of Article 2A of Chapter 150B). Rules adopted under this authority become effective under the special provisions of G.S. 150B‑21.3(b1).
    • Each statutory section providing implementation guidance sunsets when the corresponding permanent rules become effective.

Who is affected
- Homeowners and property owners with on‑site wastewater systems (septic systems) — especially those with permits issued before Jan 1, 2024.
- Builders, developers, and designers (including accessory dwelling unit projects) who rely on on‑site wastewater permitting and design flows.
- Local health departments and authorized agents who process applications and issue improvement/operation permits.
- On‑site wastewater system installers and service providers.
- Commercial facilities: subject to new standards if design flow or wastewater strength increases or facility converts to commercial use.

Procedural/timeline notes
- The statute preserves prior permit approvals as of Jan 1, 2024 (subject to exceptions) and requires the Commission to readopt permanent rules that reflect the law’s implementation language.
- Each temporary implementation provision expires when the Commission’s corresponding permanent rule becomes effective.
- Effective upon ratification (session law cites July 2023 enactment).

Potential implications (neutral)
- Provides regulatory certainty for systems already permitted before Jan 1, 2024, reducing need for retroactive upgrades tied to the new rule set.
- Sets clear design flows for accessory dwelling units, aiding planning and permitting.
- The expedited rulemaking path shortens the administrative timeline for adopting permanent rules but limits standard public rulemaking procedures as specified in statute.
- Preserving older permit standards may have environmental or public‑health tradeoffs depending on system condition and local circumstances; local health departments retain permitting/enforcement roles under the statute.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.