RECONSTITUTE/CLARIFY BOARDS AND COMMISSIONS. (NEW)

View NCGA Bill Details2019-2020 Session
Senate Bill 381 (Public) Filed Wednesday, March 27, 2019
AN ACT TO RECONSTITUTE SEVERAL BOARDS AND COMMISSIONS HELD TO HAVE UNCONSTITUTIONALLY APPOINTED MEMBERSHIP PURSUANT TO MCCRORY V. BERGER AND COOPER V. BERGER AND TO MAKE CLARIFICATIONS TO THOSE BOARDS.
Intro. by Wells, Woodard, Edwards.

Status: Ch. SL 2019-32 (Jun 21 2019)

SOG comments (1):

Long title change

House committee substitute to the 2nd edition changed the long title. Original long title was AN ACT TO RECONSTITUTE THE CLEAN WATER MANAGEMENT TRUST FUND BOARD OF TRUSTEES AND THE PARKS AND RECREATION AUTHORITY WHICH WAS HELD TO HAVE UNCONSTITUTIONALLY APPOINTED MEMBERSHIP PURSUANT TO MCCRORY V. BERGER AND COOPER V. BERGER AND TO CLARIFY THE POWERS AND DUTIES OF THE CLEAN WATER MANAGEMENT TRUST FUND.

Bill History:

S 381/S.L. 2019-32

Bill Summaries:

  • Summary date: Jun 21 2019 - More information

    AN ACT TO RECONSTITUTE SEVERAL BOARDS AND COMMISSIONS HELD TO HAVE UNCONSTITUTIONALLY APPOINTED MEMBERSHIP PURSUANT TO MCCRORY V. BERGER AND COOPER V. BERGER AND TO MAKE CLARIFICATIONS TO THOSE BOARDS. Enacted June 21, 2019. Effective July 1, 2019.


  • Summary date: Jun 5 2019 - More information

    House amendment to the 4th edition makes the following changes. 

    Amends the provision in GS 143B-135.234 allowing revenue in the Clean Water Management Trust Fund to be used to prevent encroachment, provide buffers, and preserve natural habitats around military installations or military training areas, or for State matching funds for federal initiatives that provide for the same, by removing the provision defining encroachment to mean the use of land and water that is incompatible with the military mission, such as sprawl, around military installations or military training areas. 


  • Summary date: Jun 4 2019 - More information

    House committee substitute to the 3rd edition adds the following provisions. 

    Modifies the proposed definition of encroachment as the term is used relating to the authorized uses of the Clean Water Management Trust Fund under GS 143B-135.234, now defining the term to mean the use of land and water (previously also included air) that is incompatible with the military mission around military installations or military training areas. 

    Further amends GS 143-135.25, concerning the membership of the State Building Commission, to provide for a licensed mechanical contractor Commission member appointed by the Governor from among nominations by the Plumbing-Heating-Cooling Contractors of North Carolina Inc. (rather than the NC Association of Plumbing, Heating, Cooling Contractors).


  • Summary date: May 29 2019 - More information

    House committee substitute to the 2nd edition adds the following provisions. 

    Amends GS 143B-168.4, concerning the Child Care Commission as follows. Increases the number of members appointed by the Governor by two while making conforming decreases in the number appointed by the General Assembly. Makes related conforming and clarifying changes. Amends the terms of the appointees. Amends the term of the initial committee chair. Adds that members can be removed under GS 143B-13(d), which allows any member of a commission to be removed from office by the Governor for misfeasance, malfeasance, and nonfeasance. Makes other technical changes.

    Amends GS 74C-4 concerning the Private Protective Services Board as follows. Increases the number of members appointed by the Governor by four while making conforming decreases in the number appointed by the General Assembly. Requires that three of the Governor's appointees be licensees under GS Chapter 74C (Private Protective Services). Sets out the terms of the appointees. Makes other technical changes.

    Amends GS 143B-472.128 concerning the Rural Infrastructure Authority, increasing membership from 16 to 17 members. Increases the number of members appointed by the Governor by three while decreasing the number appointed by the General Assembly by two. Amends the terms of the appointees. Additionally, designates the Secretary of Commerce as an ex officio member, or the Secretary's designee (previously provided for the Secretary to serve as a nonvoting ex officio member except in the case of a tie, and did not allow for a designee).

    Amends GS 143-135.25 concerning the State Building Commission as follows. Increases the number of members appointed by the Governor while making conforming decreases in the number appointed by the General Assembly. Amends the terms of the appointees. Adds that members can be removed under GS 143B-13(d), which allows any member of a commission to be removed from office by the Governor for misfeasance, malfeasance, and nonfeasance. Makes other technical changes.

    Makes conforming changes to the act's titles.


  • Summary date: Apr 10 2019 - More information

    Senate committee substitute to the 1st edition makes the following changes.

    Further amends GS 143B-135.234 to declare that the Clean Water Management Trust Fund (Fund) is to be also known as the Land and Water Fund. Modifies one of the proposed authorized uses of the Fund to now provide for use to prevent encroachment, provide buffers, and preserve natural habitats around military installations or military training areas, or for State matching funds of federal initiatives that provide funds to do the same (previously, to prevent incompatible encroachment around military installations and military training areas or for State matching funds for federal initiatives that provide funds to buffer the installations and area from incompatible use encroachment). Adds that encroachment means the use of land, air, and water that is incompatible with the military mission, such as urban and suburban sprawl, around military installations or military training areas. 

    Modifies the proposed changes to the factors the Clean Water Management Trust Fund Board of Trustees (Board of Trustees) must consider in developing criteria for awarding grants from the Fund in GS 143B-242. Now gives priority to projects that are part of a comprehensive, long-term land-use plan by a State agency, local government, or nonprofit corporation whose primary purpose is the conservation, preservation, or restoration of the State's cultural, environmental, or natural resources (previously proposed priority be given to development projects that are part of a comprehensive, long-term land-use plan by a State agency, local government, or nonprofit corporation accredited by the Land Trust Alliance). 

    Repeals GS Chapter 159I, the Solid Waste Management Loan Program and Local Government Special Obligation Bond Act.

    Modifies the directive to the Chair of the Board of Trustees to report to the specified NCGA committees, subcommittee, and division regarding the act's implementation by July 1, 2020, to instead limit the scope of the report to the implementation of the changes to the Fund's provisions in Part 41, Article 2, GS Chapter 143B (now Section 1(a) of the act). Maintains the same reporting deadline.


  • Summary date: Mar 27 2019 - More information

    Makes the following changes to Part 41, Clean Water Management Trust Fund (Fund), of Article 2, GS Chapter 143B.

    Adds to the revenue sources of the Fund set out in GS 143B-135.234 hazardous mitigation funds from the Federal Emergency Management Agency (FEMA) and other agencies. Modifies the authorized uses of the Fund, adding (1) the prevention of incompatible use encroachment around military installations or military training areas, or for State matching funds for federal initiates that provide funds to buffer military installations or training areas from incompatible use encroachment, and (2) protection and restoration of floodplains and wetlands for the purpose of storing water, reducing flooding, improving water quality, providing wildlife and aquatic habitat, and providing recreational opportunities. Makes conforming changes. 

    Modifies the composition of the membership of the Clean Water Management Trust Fund Board of Trustees (Board of Trustees) set out in GS 143B-135.240, to increase appointees of the Governor from three to five of the nine members (previously, the General Assembly appointed six of the nine members). Provides for the terms of initial appointees, with staggered terms expiring July 1, 2020; July 1, 2021; and July 1, 2022. Makes conforming changes. Adds a new provision providing for the removal of members pursuant to GS 143B-16.

    Adds to the criteria the Board of Trustees must consider in developing criteria for awarding grants from the Fund. Now includes consideration of the objective of basinwide integrated water management plans developed and adopted at the regional level and the likelihood of land-use change and development. When considering water supply availability and the public's need for resources adequate to meet demand for essential water uses, allows the Board of Trustees to include the value of preserving capacity by preventing sedimentation and nutrient pollution (was, consideration of the likelihood of a proposed water supply project ultimately being permitted and built). Adds that priority must be given to development projects that are part of a comprehensive, long-term land-use plan by a State agency, local government, or land trust corporation accredited by the Land Trust Alliance. 

    Amends GS 143B-135.246, to eliminate the exemption of the Fund's Executive Director and staff from the Human Resources Act as provided in GS 126-5(c1).

    Repeals GS 143B-135.248, which establishes the Clean Water Management Trust Fund Advisory Council. Makes conforming deletions throughout Part 41.

    Makes conforming repeal of GS 126-5(c1)(21).

    Directs the Chair of the Board of Trustees to report to the specified NCGA committees, subcommittee, and division regarding the act's implementation by July 1, 2020.

    Corrects statutory references in GS 20-79.7(b), regarding the distribution of special license plate fees from specified accounts.

    Amends GS 143B-135.202, which sets forth the composition of the membership of the NC Parks and Recreation Authority. Increases members appointed by the Governor from three to five of the nine members (previously, the General Assembly appointed six of the nine members). Provides for the terms of initial appointees, with staggered terms expiring July 1, 2020; July 1, 2021; and July 1, 2022. Makes conforming changes. 

    Effective July 1, 2019. Specifies that all rules, regulations, and decisions made by the predecessor boards and authorities reconstituted in the act remain in full force and effect until and unless duly modified by the successor entities. 


Printer-friendly: Click to view