Bill Summary for S 381 (2019-2020)

Summary date: 

Mar 27 2019
S.L. 2019-32

Bill Information:

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.

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Bill summary

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. 

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