House amendment #2 amends the 2nd edition, as amended, as follows.
Deletes the provision requiring the Environmental Management Commission (EMC) to defer action on any basinwide hydrologic models while the study required by the act is underway and until the General Assembly has adjourned the session following submission of the EMC's report to the Environmental Review Commission (ERC).
Provides instead that while the study required by the act is underway and until the General Assembly has adjourned the session following the submission of the EMC's report to the ERC, the EMC shall only consider or approve basinwide hydrologic models under GS 143-355(o)(6) that do not include ecological flow based on the November 2013 report, "Recommendations for Estimating Flows to Maintain Ecological Integrity in Streams and Rivers in North Carolina," as a component of the model. Also prohibits the Department of Environment and Natural Resources and the EMC from making ecological flow determinations based on that same report.
DENR STUDY OF IBT/EMC ECO FLOW STUDY.
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A BILL TO BE ENTITLED AN ACT TO DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO STUDY THE STATUTES AND RULES GOVERNING INTERBASIN TRANSFERS AND TO DIRECT THE ENVIRONMENTAL MANAGEMENT COMMISSION TO STUDY THE STATE'S POLICY FOR ESTABLISHING THE QUANTITY OF SURFACE WATER TO BE PROTECTED FOR ECOLOGICAL INTEGRITY AND TO REPORT TO THE ENVIRONMENTAL REVIEW COMMISSION ON THE STATUS OF HYDROLOGIC MODELS PROPOSED FOR USE IN ESTABLISHING THE WATER QUANTITY TO BE RESERVED FOR ECOLOGICAL FLOW.Intro. by Hager.
Status: Ref To Com On Agriculture/Environment/Natural Resources (Senate Action) (Jun 30 2014)
SOG comments (2):
Title change.
House committee substitute changes the short and long titles. The original titles are found below:
DENR STUDY OF IBT LAWS.
A BILL TO BE ENTITLED AN ACT TO DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO STUDY THE STATUTES AND RULES GOVERNING INTERBASIN TRANSFERS, AS RECOMMENDED BY THE ENVIRONMENTAL REVIEW COMMISSION.
Bill History:
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Wed, 14 May 2014 House: Filed
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Wed, 14 May 2014 House: Filed
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Thu, 15 May 2014 House: Passed 1st Reading
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Thu, 15 May 2014 House: Ref To Com On Environment
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Thu, 15 May 2014 House: Passed 1st Reading
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Thu, 15 May 2014 House: Ref To Com On Environment
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Wed, 18 Jun 2014 House: Reptd Fav Com Substitute
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Wed, 18 Jun 2014 House: Cal Pursuant Rule 36(b)
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Wed, 18 Jun 2014 House: Placed On Cal For 06/19/2014
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Thu, 19 Jun 2014 House: Postponed To 06/24/2014
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Tue, 24 Jun 2014 House: Amend Adopted A1
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Tue, 24 Jun 2014 House: Passed 2nd Reading
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Wed, 25 Jun 2014 House: Amend Adopted A2
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Wed, 25 Jun 2014 House: Passed 3rd Reading
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Wed, 25 Jun 2014 House: Ordered Engrossed
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Thu, 26 Jun 2014 House: Special Message Sent To Senate
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Thu, 26 Jun 2014 Senate: Special Message Received From House
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Mon, 30 Jun 2014 Senate: Passed 1st Reading
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Mon, 30 Jun 2014 Senate: Ref To Com On Agriculture/Environment/Natural Resources
H 1057
Bill Summaries:
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Bill H 1057 (2013-2014)Summary date: Jun 25 2014 - View Summary
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Bill H 1057 (2013-2014)Summary date: Jun 24 2014 - View Summary
House amendment makes the following changes to the 2nd edition.
Amends GS 143-215.22L(w) to require a petition for a certificate to withdraw or transfer water stored in any multipurpose reservoir built by the US Army Corps of Engineers (Corps) and partially located in a state that is adjacent to North Carolina to be considered and a determination made based on specified procedures as listed in this section, providing that the Corps approved the withdrawal or transfer on or before July 1, 2014.
Makes conforming and organizational changes to the long title for clarity and to better reflect the bill content as amended.
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Bill H 1057 (2013-2014)Summary date: Jun 18 2014 - View Summary
House committee substitute makes the following changes to the 1st edition:
Changes the short and long titles.
Adds new Sections 3 through 6 to the act, directing the Environmental Management Commission (EMC) to study how North Carolina establishes the quantity of surface water set aside for protection of ecological integrity in order to determine if the set-aside exceeds the required amount for ecological integrity and is interfering with other essential water uses, pursuant to GS Chapter 143, Article 38. Directs the EMC to study various considerations, including how to establish the minimum amount of water necessary to satisfy federal and NC law as well as considering the provisions of SL 2010-143, existing means for determining ecological flow, and recommendations of the Department of Environment and Natural Resources for establishing specified policies. Specifies that the EMC must report its findings and recommendations to the Environmental Review Commission (ERC) on or before January 1, 2016.
Provides that the EMC can create a science advisory board to help prepare the Commission's report to the ERC. Sets out processes and procedures for the appointing of the board if it is created, providing that the board will consist of five members, all of whom must be scientists, with varying backgrounds. Provides that state employees are ineligible to serve on the board but can be staff and provide technical assistance.
Provides a clarifying provision that nothing in the act prevents the EMC or DENR from exercising its authority pursuant to GS 143, Articles 21 and 38, or GS Chapter 143B, Article 7.
Requires the EMC to defer approval of or modification to any basinwide hydrologic models submitted to the EMC for consideration while the study required by this act is underway and until the General Assembly has adjourned the session following the submission of the EMC's report to the ERC.
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Bill H 1057 (2013-2014)Summary date: May 15 2014 - View Summary
Requires the Department of Environment and Natural Resources (DENR) to study statutes and rules governing interbasin transfers. Requires examining: (1) whether temporary and emergency transfers should be subject to different regulations than long-term transfers, (2) whether transfers between subbasins should be subject to different regulations than transfers between major river basins, and (3) whether there are types of transfers that should be exempted from the interbasin certification or other requirements. Requires a report by October 1, 2014, to the Environmental Review Commission.
View: All Summaries for Bill
Identical to S 757, filed on May 14, 2014.