Bill Summary for S 434 (2017-2018)

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Summary date: 

Apr 21 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 434 (Public) Filed Tuesday, March 28, 2017
Intro. by Sanderson, Cook, Wells.

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Bill summary

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

New Section 1.1 repeals Part 2G (plastic bag management) of Article 9 of GS Chapter 130A, which banned plastic bags in certain coastal areas. Makes conforming changes to GS 130A-22 by removing related penalty provisions. Repeals Section 13.10(c) of SL 2010-31 (requiring in part that the Division of Waste Management and the Division of Environmental Assistance and Outreach monitor plastic bag use reduction resulting from Part 2G and report on the ban’s impacts to the Environmental Review Commission on or before January 15, 2012). Effective July 1, 2017.

Amends Section 2 to make a technical change.

New Section 2.1 directs the Environmental Management Commission (Commission) and the Department of Environmental Quality to implement the Protection of Existing Buffers Rule, as provided in the act, until the effective date of the revised permanent rule that the Commission is required to adopt pursuant to the act. Provides that the Protection of Existing Buffers Rule means 15A NCAC 02B .0267 (Jordan Water Supply Nutrient Strategy: Protection of Existing Riparian Buffers). Requires the Commission to exempt from the applicability requirements of the Protection of Existing Buffers Rule any publicly owned spaces where it has been determined by the head of the local law enforcement agency with jurisdiction over that area that the buffers pose a risk to public safety. Directs the Commission to adopt a rule to amend the Protection of Existing Buffers Rules substantively identical and consistent with the above described provision. Provides that these adopted rules are not subject to Part 3 of Article 2A of GS Chapter 150B and become effective as provided in GS 150B-21.3(b1) as though 10 or more written objections had been received as provided in GS 150B-21.3(b2). Provides that new Section 2.1 expires when permanent rules adopted as required by the Section become effective.

Amends Section 3, enacting new GS 113-201(d), to require the Secretary of Environmental Quality to only issue nontransferable leases within designated Shellfish Aquaculture Enterprise Areas (previously, limited the issuance of nontransferable leases within the Areas to NC residents).

Amends Section 5 to delete the provisions appropriating funds to the North Carolina Sea Grant at North Carolina State University (Sea Grant) to study existing science regarding the current and projected future status of river herring populations in state waters.

Deletes previous Section 7 of the act, which amended GS 113-129 to provide a list of invasive species, and enacted GS 113-292.1 (Control of invasive species).

New Section 7 amends GS 113B-4 to authorize the Lt. Governor to appoint a designee to serve as the chair of the Energy Policy Council in the Lt. Governor’s place.

New Section 7.1 amends SL 2016-94, Section 14.13(c), to require the entity, designated under that Section to conduct a study on Falls Lake, to report its final results by December 31, 2023 (was, December 31, 2021), and its second interim update by December 31, 2021 (was, December 31, 2020). Amends Section 14.13(d) to direct the Environmental Management Commission to begin rule readoption for the Jordan Lake Water Supply Nutrient Strategy within six months after receiving the completed study and final recommendations prepared under Section 14.13(c), and for Falls Water Supply Nutrient Strategy either upon receipt of the completed study under Section 14.13(c), or December 31, 2024, whichever is earlier. Amends Section 14.13(h) to continue the effectiveness of provisions of Falls Lake rules which establish Stage I reduction actions and goals until the Falls Lake rules under Section 14.13(d) become effective, and delays the due dates for reduction actions and goals to be completed by December 31, 2020, as well as those identified as Stage II in the Falls Lake rules, until Falls Lake rules modified under Section 14.13(d) become effective.

New Section 7.2 amends SL 1999-329, Section 7.1, deleting the provisions authorizing the Environmental Management Commission to adopt temporary rules to protect water quality standards and uses for the Catawba River Basin. Directs the Environmental Management Commission to repeal 15A NCAC 02B .0243 (Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers) by December 1, 2017, and prohibits enforcement or implementation of that rule until it is repealed.

New Section 7.3 directs the Director of the Division of Energy, Mineral, and Land Resources to issue a Director’s Certification in fulfillment of coastal stormwater permitting requirements for any subdivision meeting three listed requirements, including that the subdivision’s declaration of covenants was recorded with the Register of Deeds in 1993.