AN ACT TO REFORM AND AMEND THE STATE ENVIRONMENTAL POLICY ACT. Enacted June 19, 2015. Effective June 19, 2015.
Bill Summaries: all (2015-2016 Session)
Tracking:
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Bill H 795 (2015-2016)Summary date: Jun 22 2015 - View summary
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Bill H 795 (2015-2016)Summary date: Jun 3 2015 - View summary
Conference report makes the following changes to the 5th edition.
Amends GS 113A-4(2) concerning required environmental statements when an agency action involves significant expenditures of public money or use of public land for projects and programs significantly affecting environmental quality, by deleting language that provided, for the purposes of this subdivision, that a direct environmental impact can include impacts that are secondary or cumulative with other previous actions if such impacts are reasonably predictable and not speculative, but cannot include impacts that occur outside of North Carolina.
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Bill H 795 (2015-2016)Summary date: May 26 2015 - View summary
Senate amendments make the following changes to the 4th edition.
Amendment #1 amends GS 113A-4 concerning certain required environmental statements, providing that for the purposes of GS 113A-4(2) (concerning information that must be included in statements for actions involving significant expenditures of public money or use of public land for projects and programs significantly affecting environmental quality), a direct environmental impact can include impacts that are secondary or cumulative with other previous actions if such impacts are reasonably predictable and not speculative, but cannot include impacts that occur outside of North Carolina (previously, did not include impacts that are speculative, secondary, or cumulative with other previous actions or that occur outside of North Carolina).
Amendment #2 amends GS 113A-9 by modifying the proposed definition for significant expenditure of public moneys to mean expenditures of public funds that are greater than $10 million for a single project or action, or a related group of projects or actions (was, expenditures of public funds that are greater than $20 million for a single project or action, or a related group of projects or actions). Also modifies the definition for use of public land to include land-disturbing activity of greater than 10 acres (was, greater than 20 acres).
Amendment #3 amends GS 113A-9 to modify the definition for major development project, providing that the term does not include any projects of less than ten contiguous acres in extent (previously, could not include projects less than two contiguous acres in extent).
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Bill H 795 (2015-2016)Summary date: May 20 2015 - View summary
Senate committee substitute makes the following changes to the 3rd edition.
Amends GS 113A-9(7a) to define the term significant expenditures of public moneysto mean the expenditure of public funds in an amount greater than $20 million (was, $10 million) for a single project or action or related group of projects or actions.
Amends GS 113A-9(11) to change the definition for the term use of public landto mean land-disturbing activity of greater than 20 acres resulting in substantial, permanent changes in the natural cover or topography of those lands (was, term means activity affecting more than 5 acres of upland property and resulting in changes to the natural cover or topography of those lands or is inconsistent with the approved management plan for a state park).
Amends GS 143-215.22L(d) to provide that regardless of the provisions of GS 113A-4(2), the study to be conducted by the Department of Environment and Natural Resources must include secondary and cumulative impacts of any proposed transfer of water for which this section requires a certificate.
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Bill H 795 (2015-2016)Summary date: Apr 29 2015 - View summary
House amendments make the following changes to the 2nd edition.
Amendment #1
Amends GS 143-215.22L(d), providing clarifying language that except as provided in the subsection, the definitions set out in GS 113A-9 apply to this section. Also adds language that provides, notwithstanding the thresholds for significant expenditure of public monies or use of public land set forth in GS 113A-9, the Department of Environment and Natural Resources will conduct a study of the environmental impacts of any proposed transfer of water for which a certificate is required.
Amendment #2
Amends proposed GS 113A-9(7a), the definition for significant expenditure of public moneys, providing that the term means expenditures of public funds greater than $10 million for a single project (was, $20 million).
Amendment #3
Amends proposed GS 113A-9(11), the definition for use of public land, providing that the term means activity that affects more than five acres of upland property which results in changes in the natural cover or topography of those lands or activity that would be inconsistent with the approved management plan for a state park (previously, term meant land-disturbing activity of greater than 20 acres resulting in substantial, permanent changes in the natural cover or topography).
Amendment #4
Amends GS 159G-38, deleting all the changes made to the section in the previous edition. Deletes all the substantive provisions of subsections (a) and (b), adding language that establishes an environmental assessment process, requiring the Division of Water Infrastructure to establish an environmental assessment process for CWSRF and DWSRF funded projects sufficient to meet federal environmental assessment requirements.
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Bill H 795 (2015-2016)Summary date: Apr 23 2015 - View summary
House committee substitute makes the following changes to the 1st edition.
Makes a technical correction to a statutory cross reference.
Amends the effective date to specify that the act applies to state agency action that occurs on or after the date that the act becomes law.
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Bill H 795 (2015-2016)Summary date: Apr 16 2015 - View summary
Amends GS 113A-4 to require every state agency to include a detailed statement as to the direct environmental impact (was, environmental impact) of any proposed action that involves a significant expenditure of public funds or use of public land for projects that significantly affect the quality of the environment of this state. Provides that an agency that fails to utilize the comment period to make comments under this section or request an extension of time to prepare its comments is to be assumed to have concluded that there is no significant environmental impact expected from the proposed action.
Amends GS 113A-9 modifies the definition for public lands and amends "use of public land" to mean land disturbing activity of greater than 20 acres resulting in substantial, permanent changes in the natural cover or topography. Adds a definition for "significant expenditure of public moneys" meaning expenditures of public funds that are greater than $20 million for a single project or action, or a related group of projects orations.
Amends GS 113A-10 to provide that the provisions of Article 1, GS Chapter 113A do not require the preparation of a separate environmental document as long as the environmental document or comment meets the provisions of this Article.
Amends GS 113A-11 to require that each state agency shall (was, may) adopt rules that establish minimum criteria and no longer makes these rules subject to approval by the Secretary of Administration.
Expands the provisions of GS 113A-12, which lists certain cases in which no environmental document is required.
Deletes all the requirements in GS 159G-38 regarding an environmental assessment but retains provision permitting the Division of Water Infrastructure to hold a public hearing on an application for a loan or grant under this Article if the Division determines that holding the hearing serves the public interest.