AN ACT TO DELAY ADDITIONAL IMPLEMENTATION OF THE JORDAN LAKE RULES AND JORDAN LAKE SESSION LAWS AND PROVIDE FOR ALTERNATIVE IMPLEMENTATION OF THE PROTECTION OF EXISTING BUFFERS RULE. Enacted August 23, 2013. Effective August 23, 2013.
Summary date: Sep 3 2013 - View summary
Summary date: Jul 18 2013 - View summary
House committee substitute makes the following changes to the 3rd edition.
Amends the long title.
Amends the whereas clauses, deleting clauses related to the USACE Notice of Decision and adding clauses regarding the intent of the General Assembly.
Deletes Section 1 of the act, concerning the legislative intent of the General Assembly.
Deletes provisions that provided for the repeal of all of the Jordan Lake Rules and the Jordan Lake Session Laws.
Sets out the administrative rules that are to be considered "Jordan Lake Rules," including 15A NCAC 02B .0262 through .0267, .0270 through .0272, and .0311. Sets out the session laws that are to be considered "Jordan Lake Session Laws," including SL 2009-216, Part II of SL 2009-484, Section 14 of SL 2011-394, Section 12.1 of SL 2012-187, Subsections 9(c) through 9(g) of SL 2012-200, and Subsections 11(a) through 11(e) of SL 2012-201. Delays the implementation of the Jordan Lake Rules and Jordan Lake Session Laws that begin July 1, 2013, or later, for three years.
Deletes Section 3 of previous edition, LRC Study Jordan Lake Nutrient Loading Issues.
Provides for the modified implementation of the Protection of Existing Riparian Buffers Rule, as provided for and described in 15A NCAC 02B .0267, Jordan Water Supply Nutrient Strategy: Protection of Existing Riparian Buffers. Sets out the conditions and criteria for the implementation of the Buffer Rule. Requires this rule to remain effective until the effective date of the rule required to be adopted by the EMC below. Directs the EMC to adopt a rule consistent and substantively identical with the specified conditions and criteria for implementation.
Amends the enactment clause of the act, providing that the act is effective when it becomes law (previously, subsection 2(b) of the act was effective October 1, 2013, with the rest effective when the act became law).
Summary date: May 15 2013 - View summary
Senate amendment makes the following changes to the 2nd edition:
Makes technical punctuation and grammatical changes.
Summary date: May 14 2013 - View summary
Senate committee substitute makes the following changes to the 1st edition.
Changes the short title.
Deletes the provisions of the previous edition in their entirety and makes the following proposed changes.
Provides whereas clauses dealing with B. Everett Jordan Lake.
Establishes that the NC General Assembly intends to address the water quality in Jordan Lake and recognizes six items to be true, including that the lake was authorized, designed, and constructed by the federal government and, prior to impoundment, documentation shows that the federal government knew the lake would be an impaired body of water and that the design of the lake creates a situation of perpetual impairment regardless of upstream variables. Therefore, the state's existing nutrient management strategies regulating the lake basin will continue to have little or no effect on water quality improvement in the lake itself.
Directs the Environmental Management Commission (EMC), no later than October 1, 2013, to repeal the following administrative rules, 15A NCAC 02B .0262 through .0273 and 15A NCAC 02B .0311.
Repeals SL 2009-216, Part II of SL 2009-484, Section 14 of SL 2011-394, Section 12.1 of SL 2012-187, Subsections 9(c) through 9(g) of SL 2012-200, and Subsections 11(a) through 11(e) of SL 2012-201.
Establishes the Jordan Lake Study Subcommittee of the Legislative Research Commission to consider all the issues deemed relevant in addressing the water quality of Jordan Lake. Provides that five senators and five representatives will be appointed by their respective leaders to serve on the subcommittee. The subcommittee must undertake eight specified activities, including reviewing the history of Jordan Lake and its nutrient loading issues and considering the potential future conditions and uses of Jordan Lake. Findings and recommendations are to be submitted to the 2014 Regular Session of the 2013 General Assembly, Environmental Review Commission, and the Fiscal Research Division.
Directs DENR and the EMC to consult with the US Army Corp of Engineers and the US EPA to identify specified mitigation strategies.
Subsection 2(b) of this act becomes effective October 1, 2013. The remainder of this act is effective when it becomes law.
Summary date: Mar 28 2013 - View summary
Requires the Environmental Management Commission (EMC) to adopt a rule to replace the Riparian Buffer Rule (Rule); the rule will become effective as though 10 or more written objections have been received. The rule must be substantively identical to the following provisions. (1) The EMC must give primary implementation responsibility for the Rule to the Department of Environment and Natural Resources (DENR) unless a local government requests implementation authority. (2) The EMC must exempt nonelectric utilities impacting the riparian buffer with an other than perpendicular crossing when those impacts are limited to Zone Two of the buffer. (3) The EMC must add piping of streams as a new category of allowable use when the piping is allowed under a permit issued by the US Army Corps of Engineers.
Until the effective date of the revised permanent rule that the EMC must adopt, the EMC and DENR must implement the Rule as it is provided in the act. This requirement expires when permanent rules that meet the act's provisions are effective.
Summary date: Mar 27 2013 - View summary
To be summarized at a later date.