MITIGATION SERVICES AMENDMENTS.

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View NCGA Bill Details2017-2018 Session
House Bill 557 (Public) Filed Tuesday, April 4, 2017
AN ACT TO ENCOURAGE THE PROVISION OF MITIGATION SERVICES BY THE PRIVATE SECTOR.
Intro. by Millis, McElraft, Bradford.

Status: Serial Referral To Transportation Added (House Action) (Apr 11 2017)

Bill History:

H 557

Bill Summaries:

  • Summary date: Apr 4 2017 - View Summary

    Identical to S 611 filed on 4/4/17.

    Amends GS 143-214.11 (Division of mitigation services; compensatory mitigation). Deletes the provision requiring compensatory mitigation to be coordinated by the Department of Environmental Quality (Department), and the provision requiring mitigation to be consistent with the basinwide restoration plans. Requires all compensatory mitigation to advance the functional improvement goals identified in any applicable basinwide restoration plan. Clarifies that the statute does not allow the Division of Mitigatin Services to acquire land by condemnation. Provides that permit applicants shall satisfy cpmpensatory mitigation requirements by participating in a private compensatory mitigation bank approved by the US Army Corps of Engineers, so long as the Department or the US Army Corps of Engineers has approved the use of the bank. If the Department or the US Army Corps of Engineers determines that it is not practicable for an applicant to satisfy compensatory mitigation requirements through a private compensatory mitigation bank, then an applicant may satisfy compensatory mitigation requirements by payment of a fee or by permittee-responsible mitigation. Deletes the other currently-authorized methods of mitigation. Deletes subsection (d1), concerning compensatory mitigation options for non-government entities. Directs the North Carolina Environmental Management Commission (Commission) to establish a schedule of compensatory mitigation fees for mitigation credits purchased by permit applicants, to be based on the actual costs to generate the credits, and not the currently described basis regarding ecological functions and values. Directs compensatory mitigation banks to register with the Division of Mitigation Services, and directs the Department to provide public access to the required information in their registration on their website.

    Enacts new GS 143-214.16 (Limit Division of Mitigation Services fee in lieu of mitigation acceptance in certain river basins). Directs the Division of Mitigation Services to develop a program to increase the State's ability to utilize private mitigation banks to satisfy compensatory mitigation requirements. Provides requirements for the program.

    Directs the Commission to adopt temporary rules by October 1, 2017, to implement new GS 143-214.16 and to set a revised schedule of mitigation fees consistent with amended GS 143-214.11(e), to remain in effect until permanent rules become effective. Effective when the bill becomes law.

    Except as otherwise provided, effective October 1, 2017.