Bill Summary for H 819 (2011-2012)

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Summary date: 

Jul 2 2012

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 819 (Public) Filed Wednesday, April 6, 2011
Intro. by McElraft.

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Bill summary

Conference report recommends the following changes to 4th edition to reconcile matters in controversy.
Makes the following changes to proposed GS 113A-107.1, which is now titled Sea-level Policy. States that the General Assembly does not intend to mandate the development of sea-level policy (was, sea-level rise policy) or the definition of rates of sea-level change (was, rates of sea-level rise) for regulatory purposes. Specifies that the statute does not prohibit a local government from defining rates of sea-level change for regulatory purposes (previously allowed only for nonregulatory purposes). Keeps provisions stating the Coastal Resources Commission (Commission), with the Division of Coastal Management (Division), will be the only state agency to define rates for regulatory purposes, and making all such rules subject to the Administrative Procedure Act. Deletes language from previous edition, which specified how the rates would be determined, required other state agencies to use the Commission’s rates, and encouraged research of sea-level change.
Prohibits the Commission and the Division from defining rates of sea-level change for regulatory purposes before July 1, 2016. Requires the Commission’s Science Panel to deliver the five-year updated assessment to the NC Sea Level Rise Assessment Report by March 31, 2015, which must include specified research on sea-level change. Sets out issues to be addressed in the report, and provides for public comment and a hearing. Directs the Commission to compare the determination of sea level based on historical calculations versus predictive models, and to use more than one single sea-level rate for the entire coast. Details reporting requirements for the Commission and Science Panel.
Prohibits the Commission from denying a development permit for replacement of a single-family or duplex residential dwelling if the unit fails to meet the specified ocean hazard setback rule, but does meet listed criteria (previous version directed the Commission to study an exception to the rule); directs Commission to adopt applicable, temporary rules by October 1, 2012.
Makes clarifying changes to the study concerning an Area of Environmental Concern for lands adjacent to the Cape Fear River, and adds a reporting requirement to the Environmental Review Commission. Makes similar clarifying and conforming changes to the study concerning the Inlet Hazard Area of Environmental Concern.