Bill Summary for S 486 (2015-2016)

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Summary date: 

Mar 26 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 486 (Public) Filed Wednesday, March 25, 2015
AN ACT TO ENHANCE ECONOMIC DEVELOPMENT THROUGH THE EXPANSION OF THE STATE TRAILS NETWORK.
Intro. by Brock, Barringer.

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Bill summary

Part I. 

Enacts new GS 143B-434.2A creating the North Carolina Trails Management Fund (Fund) in the Department of Environment and Natural Resources (DENR) to assist with the completion of the Mountains to Sea Trail (Trail) and completion and connection of municipal and regional greenways and trails system to the Trail. Requires the North Carolina Trails Committee, in consultation with the Travel and Tourism Board, to review all applications for funds and approve projects for funding. Fund revenue comes from funds appropriated by the General Assembly; a surcharge on all fees charged for access, use, and services provided at parks within the State Park System; and gifts, grants, or contributions to the state that are specifically designated for inclusion in the Fund. Requires Fund money to be used as follows: (1) 65% to acquire fee simple title, lesser estates, easements, leases, or other written agreements with owners of private land and for capital projects; repairs and renovations; and the development, construction, and maintenance of ancillary facilities directly related to the use of the Trail system and (2) 35% to acquire fee simple title, lesser estates, easements, leases, or other written agreements with owners of private land for the purpose of completing connections of local and regional greenways and trails to the Mountains‑to‑Sea Trail. Sets out the priority order for funding. 

Amends GS 113-35 to allow DENR to add a reasonable surcharge to fees for state parks and lakes and requires that the surcharge be transferred to the Fund.

Requires DENR or any other department given responsibility for state parks to, as soon as practicable but no later than January 1, 2016, implement a revised fee schedule for all fees authorized at parks and trails within the State Park System, with the fee including the surcharge. Limits the surcharge for the first year to no more than $1 and allows it be increased or decreased thereafter as necessary. Prohibits the surcharge from being less than fifty cents.

Part II.

Amends GS 143B-434.1 to add to the duties of the North Carolina Travel and Tourism Board (Board) promoting policies that support tourism in the state and advising the General Assembly on tourism policy matters upon request of specified legislative entities. Decreases the number of Board members from 29 to 13 and modifies the membership of the Board. Amends the terms of Board members. Makes clarifying and technical changes.

Amends GS 143B-431.01 to modify the membership of the Economic Development Accountability and Standards Committee (Committee) by amending its membership. Requires any audit performed at the Committee's request to be forwarded to the Board.

Part III.

Amends GS 150B-1 to exempt DENR from rulemaking with respect to admission fees or activity fees at the North Carolina Zoo, State Parks, and the North Carolina Aquariums.

Requires the Department of Cultural Resources (DCR) to establish admission fees and activity fees for historic sites and museums using a dynamic pricing strategy.

Requires DENR, or any other responsible department, to establish admission fees and activity fees using a dynamic pricing strategy, which is defined as the adjustment of fees from time to time to reflect marketing forces with the effect of maximizing revenues from use of these state resources to the extent practicable to offset General Assembly appropriations. Repeals any current rules related to fees upon the effective date of a new fee. 

Requires DENR and DCR to report on the pricing implementation by March 1, 2016, to the Environmental Review Commission.

Applies to admission fees or activity fees charged on or after the date the act becomes law.

Part IV.

Enacts new GS 111-47.3 allowing the Division of Parks and Recreation (Division) to operate food or vending services at state parks. Requires the net revenue from the vending to be used for park operation.

Requires the Division to study the feasibility of operating kiosk‑type gift shops at state parks that offer park‑related merchandise for purchase in unmanned vending machines, including issuing a request for proposal (RFP) from vendors who would own, install, and maintain the vending machines in exchange for a portion of the revenue derived from sales. Provides that if the Division enters into a contract under this section, 25% of the net proceeds derived from vending machine sales must be credited to the North Carolina Trails Management Trust Fund.

Part V.

Authorizes DENR to add the Fonta Flora Loop Trail to the State Parks System and requires DENR to support, promote, encourage, and facilitate the establishment of trail segments on state park lands and on lands of other federal, state, local, and private landowners. Provides that on segments of the Fonta Flora Loop Trail that cross property controlled by agencies or owners other than the Department's Division of Parks and Recreation, the laws, rules, and policies of those agencies or owners govern the use of the property.

Directs the Department of Administration (DOA) to identify all state‑owned property located within five miles of either side of the center line of the Mountains‑to‑Sea Trail and provide a written inventory of all properties identified to the Environmental Review Commission no later than March 1, 2016.

Requires the Division of Parks and Recreation, in consultation with the North Carolina Trails Committee, to identify in its Mountains‑to‑Sea Trail master plan all municipal and regional trail systems and greenways that connect with, or have the potential to connect with, the Mountains‑to‑Sea Trail. Specifies items that must be included in the plan. Requires the Division of Parks and Recreation to study the feasibility of expanding the marina at Jordan Lake and report its findings to the Environmental Review Commission no later than March 1, 2016.

Requires the Wildlife Resources Commission to study the feasibility of leasing Mattamuskeet Lodge and adjacent properties to a private developer for opportunities related to hunting, fishing, and tourism. Requires a report no later than March 1, 2016.

Requires DENR to study the feasibility of leasing property of the North Carolina Zoological Park to a private developer for construction of a hotel/conference facility immediately adjacent to the African Savanna exhibit and report its findings no later than March 1, 2016.

Part VI.

Enacts new GS 113A-96 exempting activities related to the construction, maintenance, or removal of a trail from environmental regulation by an agency authorized to implement and enforce state and federal environmental laws. Specifies the eight agencies that are authorized to implement and enforce State and federal environmental laws. 

Part VII.

Includes a severability clause.