AN ACT TO DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO REORGANIZE THE ECOSYSTEM ENHANCEMENT PROGRAM TO IMPROVE OPERATIONAL EFFICIENCY. Summarized in Daily Bulletin 3/24/11, 6/8/11, 6/15/11, and 6/16/11. Enacted June 27, 2011. Effective June 27, 2011.
ECOSYSTEM ENHANCEMENT PROGRAM CHANGES.
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TO DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO REORGANIZE THE ECOSYSTEM ENHANCEMENT PROGRAM TO IMPROVE OPERATIONAL EFFICIENCY, AND TO MAKE CLARIFYING CHANGES TO THE STATUTES GOVERNING COMPENSATORY MITIGATION AND THE CLEAN WATER MANAGEMENT TRUST FUND.Intro. by Hunt.
Status: Ch. SL 2011-343 (Senate Action) (Jun 27 2011)
Bill History:
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Thu, 24 Mar 2011 Senate: Filed
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Mon, 28 Mar 2011 Senate: Passed 1st Reading
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Mon, 28 Mar 2011 Senate: Ref To Com On Agriculture/Environment/Natural Resources
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Wed, 8 Jun 2011 Senate: Reptd Fav Com Substitute
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Wed, 8 Jun 2011 Senate: Com Substitute Adopted
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Wed, 8 Jun 2011 Senate: Placed On Cal For 6/8/2011
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Wed, 8 Jun 2011 Senate: Passed 2nd & 3rd Reading
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Thu, 9 Jun 2011 House: Passed 1st Reading
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Thu, 9 Jun 2011 House: Ref To Com On Environment
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Wed, 15 Jun 2011 House: Reptd Fav Com Substitute
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Wed, 15 Jun 2011 House: Cal Pursuant Rule 36(b)
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Wed, 15 Jun 2011 House: Placed On Cal For 6/15/2011
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Thu, 16 Jun 2011 House: Amend Adopted 1
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Thu, 16 Jun 2011 House: Passed 2nd & 3rd Reading
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Thu, 16 Jun 2011 Senate: Rec To Concur H Com Sub
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Thu, 16 Jun 2011 Senate: Placed On Cal For 6/16/2011
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Thu, 16 Jun 2011 Senate: Concurred In H/com Sub
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Fri, 17 Jun 2011 Ratified
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Mon, 20 Jun 2011 Pres. To Gov. 6/20/2011
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Mon, 27 Jun 2011 Signed By Gov. 6/27/2011
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Mon, 27 Jun 2011 Ch. SL 2011-343
S 425/S.L. 2011-343
Bill Summaries:
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Summary date: Jun 30 2011 - View Summary
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Bill S 425 (2011-2012)Summary date: Jun 16 2011 - View Summary
House amendment makes the following changes to 3rd edition. Makes clarifying changes to the definitions for existing local compensatory mitigation bank and government entity in GS 143-214.11.
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Bill S 425 (2011-2012)Summary date: Jun 15 2011 - View Summary
House committee substitute makes the following changes to 2nd edition. The act sets out a priority system for imposing mitigation procurement programs. The new edition adds, as a new second priority, procurement from an existing local compensatory mitigation bank, if the mitigation relates to impacts of a project within the service area and hydrologic area of the bank. Also adds a specification that the third priority—design/build by a private entity—is to be considered procurement of compensatory mitigation credits.
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Bill S 425 (2011-2012)Summary date: Jun 8 2011 - View Summary
Senate committee substitute makes the following changes to 1st edition and changes the bill title accordingly.
Amends GS 143-214.11 by adding new subsection (a)(1a) defining a compensatory mitigation bank as either a private or existing local compensatory mitigation bank; adding a new subsection (a)(1b) defining an existing local compensatory mitigation as a mitigation bank operated by a unit of local government that is a party to a mitigation banking instrument executed on or before July 1, 2011; clarifying the definition of governmental entity in subsection (a)(2) to include a unit of local government that was a party to a mitigation banking instrument executed on or before July 1, 2011; changing the definition of a mitigation banking instrument in subsection (a)(4a) to refer to the legal document for the establishment, operation, and use of a mitigation bank; clarifying the definition of a private compensatory mitigation bank in subsection (a)(4b) to refer to a site created by a private compensatory mitigation provider and approved for mitigation credit by state and federal regulatory authorities through the execution of a mitigation banking instrument; deleting subsection (a)(4c) (defining a private compensatory mitigation bank site); deleting requirement added in 1st edition to subsection (b) that DENR bid and award contracts for compensatory mitigation contracts in accordance with GS 143-129.2A; and adding new subsection (h) requiring that the sale or transfer of mitigation credits by an existing local compensatory mitigation bank comply with property disposal requirements of Article 12 of GS Chapter 160A.
Deletes in their entirety Sections 1.2 – 2.2 (establishing specific requirements for design and construction of compensatory wetlands mitigation projects; directing Program Evaluation Division to review the efficiency of the Ecosystem Enhancement Program; and making changes to the Clean Water Management Trust Fund).
Rewrites in its entirety Section 1.2 to direct the North Carolina Ecosystem Enhancement Program to use the following mitigation procurement programs in order of preference: Full Delivery/Bank Credit Purchase, Design/Build Program, and Design-Bid-Build Program.
Rewrites in its entirety Section 1.3 to provide that the regulatory requirements for establishing, operating, and monitoring a compensatory mitigation bank or full delivery project vests at the time the mitigation banking instrument is executed or the full delivery contract is awarded.
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Bill S 425 (2011-2012)Summary date: Mar 24 2011 - View Summary
Amends GS 143-214.11(a), which lists definitions applicable to the Ecosystem Enhancement Program, to add definitions for mitigation banking instrument, private compensatory mitigation bank, and private compensatory mitigation bank site. Clarifies that government entity does not include a unit of local government. Makes other clarifying and technical changes. Amends GS 143-214.11(b) to add that the Department of Environment and Natural Resources (DENR) will bid and award contracts for compensatory mitigation contracts following proposed GS 143-129.2A. Enacts new GS 143-214.11(d2), requiring DENR to purchase mitigation credits from private compensatory mitigation banks if in the state’s best interests.
Enacts new GS 143-129.2A to allow DENR to enter into a contract with any person, as specified, for compensatory wetlands mitigation design and construction. Details information to be included in all proposals for DENR. Describes factors to be used when evaluating proposals and awarding contracts. Specifies that DENR’s determination is conclusive even if the contract is not awarded to the proposer with the lowest bid.
Directs the Program Evaluation Division to review the efficiency of the Ecosystem Enhancement Program (Program) in meeting the state’s mitigation needs, and to evaluate two listed items. Directs DENR to consolidate the positions of program director and deputy director of the Program into one executive director position with all decision-making authority. Directs DENR to hold the mitigation provider harmless for any shortfall of mitigation units under a contract between the Program and the provider, as specified.
Enacts new GS 113A-254(a)(4) to add corporations or other privately owned businesses with expertise in the conservation, preservation, and restoration of the state’s environmental and natural resources to the list of parties eligible to apply for a Clean Water Management Trust Fund (Fund) grant.
Amends GS 113A-256(b)(6), directing the Fund Board of Trustees to consider the preservation or restoration of water resources with significant ecological, recreational, or economic value and uses as one of the conditions for awarding grants. Enacts new subsection (k) to GS 113A-256, directing the Board of Trustees to, as nearly as possible, award equal dollar amounts in each grant cycle for land preservation and land restoration, as defined.
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