Bill Summary for S 709 (2011-2012)

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Summary date: 

Apr 20 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
Senate Bill 709 (Public) Filed Tuesday, April 19, 2011
TO INCREASE ENERGY PRODUCTION IN NORTH CAROLINA TO DEVELOP A SECURE, STABLE, AND PREDICTABLE ENERGY SUPPLY TO FACILITATE ECONOMIC GROWTH, JOB CREATION, AND EXPANSION OF BUSINESS AND INDUSTRY OPPORTUNITIES AND TO ASSIGN FUTURE REVENUE FROM ENERGY EXPLORATION, DEVELOPMENT, AND PRODUCTION OF ENERGY RESOURCES IN ORDER TO PROTECT AND PRESERVE THE STATE'S NATURAL RESOURCES, CULTURAL HERITAGE, AND QUALITY OF LIFE.
Intro. by Rucho, Brown, Tucker.

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Bill summary

Includes whereas clauses regarding offshore energy exploration. Appropriates any revenues and royalties paid to the state from offshore or onshore leasing, exploration, development, and production of energy resources as follows: (1) 25% to the General Fund, (2) 20% to the Highway Trust Fund, (3) 15% to the Community Colleges System Office, (4) 15% to the UNC Board of Governors, (5) 15% to the Department of Environment and Natural Resources (DENR), (6) 5% to the State Port Authority, and (7) 5% to the Department of Commerce.
Directs the Governor to contract with South Carolina and Virginia to increase exploration and production of domestic offshore energy resources, and to include four listed provisions in the agreement. Requires the Governor to report to the General Assembly before December 1, 2011, and at least every three months thereafter on progress and correspondence with the other states.
Directs DENR, with the Energy Jobs Council, to report to the Governor, General Assembly, and Joint Regulatory Reform Committee by May 1, 2012, on the commercial potential of onshore shale gas resources in the state and any necessary regulatory framework. Requires DENR to review all relevant state and federal laws and regulations, existing laws in other states, and to include four specified actions in the report.
Rewrites the title of GS Chapter 113B as North Carolina Energy Policy and Jobs Act. Amends GS 113B-1 to delete several legislative findings regarding energy conservation and include additional findings regarding domestic energy resources. Amends GS 113B-2, stating that the Energy Jobs Council (currently, the Energy Policy Council), located in the Department of Commerce, advises and makes recommendations to increase domestic energy exploration, development, and production in the state and region to promote economic growth and job creation. Makes conforming changes throughout GS Chapter 113B. Clarifies that the Energy Jobs Council (Council) and the State Energy Office will serve as central energy policy planning bodies. Makes conforming changes. Amends GS 113B-3, providing that the Council will consist of 9 members (rather than 16 members in the Energy Policy Council) as follows: the Secretary of Commerce and eight public members, appointed as specified. Requires that appointments be made by October 1, 2011, with all appointed members serving four-year terms. Makes additional conforming changes. Amends GS 113B-4, declaring the Secretary of Commerce as chair of the Council. Makes other conforming changes.
Amends GS 113B-6, providing that the Council’s goal is to identify and utilize all domestic energy resources to ensure a stable energy supply and to protect the economy, promote job creation, and expand business opportunities while protecting natural resources, cultural heritage, and quality of life. Directs the Council to share duties with the State Energy Office as appropriate, and authorizes the Secretary of Commerce to delegate duties to the Council or the State Energy Office. Clarifies the four listed duties of the Council. Amends GS 113B-7, 113B-8, and 113B-9 to replace all references to the Energy Policy Council with references to the State Energy Office. Makes additional conforming changes to add the State Energy Office to various provisions of GS Chapter 113B. Amends GS 113B-12 (annual reports), requiring the State Energy Office, with the Council, to provide a comprehensive report on energy conditions in NC to specified parties every two years (rather than every year). Amends GS 113B-21(a), clarifying that a Legislative Committee on Energy Crisis Management will be created, with membership as detailed, upon the declaration of an energy crisis by the Governor.
Makes conforming changes to GS 114-4.2D, 143-58.5(c), and 143-345.13, replacing Energy Policy Council with Energy Jobs Council. Directs the Revisor of Statutes to make additional conforming changes, as necessary. Terminates the memberships of all members serving on the Energy Policy Council on the date the act becomes law. Directs the Secretary of State to provide copies of the ratified bill to the NC members of the U.S. Congress.