House committee substitute makes the following changes to 1st edition. Deletes all provisions of the 1st edition and replaces it with AN ACT TO (1) ESTABLISH CRITERIA FOR TREE CLEARING AROUND BILLBOARDS WITHIN STATE RIGHTS-OF-WAY TO ENSURE COMPLIANCE WITH LOCAL GOVERNMENT REQUIREMENTS; PROTECT PUBLIC HEALTH, SAFETY, AND WELFARE; AND PRESERVE PRIOR PUBLIC INVESTMENTS, (2) MODIFY RULEMAKING PROVISIONS CONCERNING GRAY WATER, AND (3) DIRECT THE ENVIRONMENTAL REVIEW COMMISSION TO STUDY THE REDUCTION AND CONSOLIDATION OF THE STATUTORY MODELS FOR ESTABLISHING, OPERATING, AND FINANCING CERTAIN ORGANIZATIONS THAT PROVIDE WATER AND SEWER SERVICES IN THE STATE.
Amends GS 136-93(d) to include replanting as an activity that a municipality can review a permit application and comment on, and to expand municipal review and comment authority to sites within a municipality’s territorial jurisdiction.
Amends GS 136-133(c) to prohibit denying an electrical permit for an outdoor advertising sign that is compliant with both technical utility standards and local government ordinances (was, must be compliant with technical utility standards).
Amends GS 136-133.1(d) to provide that trees that existed at the time that an outdoor advertising sign was erected may only be removed if the applicant for removal implements a replanting plan and either reimburses the Department of Transportation (DOT) for the monetary value of the trees or agrees to remove two nonconforming outdoor advertising signs located in the same county where the tree removal occurs. Amends GS 136-133.1(e) to require replanting in accordance with rules adopted by the DOT (was, required a plan for beautification).
Amends GS 136-133.2 to permit the DOT to approve a removal permit with conditions. Requires that the denial of a permit must provide reasons for the denial based on criteria in the DOT’s rules. Specifies some of the criteria that must be included. Provides that nothing in GS 136-133.1 or 136-133.2, governing cutting and removing vegetation from around outdoor advertising signs, preempts the authority of a local government to regulate outdoor advertising.
Amends GS 143-355.5(c) to remove decorative water features as an acceptable use of gray water to be addressed in the Environmental Review Commission’s (ERC) study and rule making.
Directs the ERC to study the statutory models for establishing, operating, and financing certain organizations that provide water and sewer services in the state; determine whether, how, and to what extent the number of statutory models should be reduced and consolidated; and report its findings and recommendations to the 2013 General Assembly.
SELECTIVE VEGETATION AMENDMENTS/W&S STUDY (NEW).
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View NCGA Bill Details(link is external) | 2011-2012 Session |
TO DIRECT THE ENVIRONMENTAL REVIEW COMMISSION TO STUDY THE DESIRABILITY AND THE FEASIBILITY OF CONSOLIDATING THE STATE’S ENVIRONMENTAL POLICY-MAKING, RULE-MAKING, AND QUASI-JUDICIAL FUNCTIONS INTO ONE COMPREHENSIVE FULL-TIME ENVIRONMENTAL COMMISSION.Intro. by Clodfelter.
Status: Re-ref Com On Rules, Calendar, and Operations of the House (House Action) (Jun 28 2012)
Bill History:
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Thu, 24 Mar 2011 Senate: Filed(link is external)
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Mon, 28 Mar 2011 Senate: Passed 1st Reading(link is external)
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Mon, 28 Mar 2011 Senate: Ref To Com On Program Evaluation(link is external)
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Tue, 10 May 2011 Senate: Reptd Fav(link is external)
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Wed, 11 May 2011 Senate: Passed 2nd & 3rd Reading(link is external)
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Mon, 16 May 2011 House: Passed 1st Reading(link is external)
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Mon, 16 May 2011 House: Ref To Com On Environment(link is external)
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Thu, 28 Jun 2012 House: Reptd Fav Com Substitute(link is external)
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Thu, 28 Jun 2012 House: Cal Pursuant Rule 36(b)(link is external)
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Thu, 28 Jun 2012 House: Withdrawn From Cal(link is external)
S 428
Bill Summaries:
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Bill S 428 (2011-2012)Summary date: Jun 28 2012 - View Summary
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Bill S 428 (2011-2012)Summary date: Mar 24 2011 - View Summary
As title indicates. Requires the Environmental Review Commission (ERC) to evaluate all issues pertaining to the consolidation of the roles and duties of current multiple environmental boards, commissions, and councils. Establishes seven other issues that the ERC may consider. Requires the ERC to report its findings and recommendations by the convening of the 2012 Regular Session of the General Assembly. Requires the study to be funded from funds available to the General Assembly for the 2011-12 fiscal year. Effective July 1, 2011.
View: All Summaries for Bill