House amendments make the following changes to the 2nd edition.
Amendment #1
Amends proposed GS 160A-311.1 concerning flood control activities, deleting language that provided that the specified activities are only permitted by a city when done in accordance with the operation of a public enterprise. Amends subsection (c)(2), making a clarifying change.
Amendment #2
Amends proposed GS 160A-311.1, deleting language which stated that a city has an integral role in promoting and funding stormwater management programs to (1) increase infiltration of stormwater into the ground and (2) to reduce pollutants from entering the streams. Makes a technical correction.
Bill Summaries: H 141 STORMWATER/FLOOD CONTROL ACTIVITIES.
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Bill H 141 (2015-2016)Summary date: Apr 28 2015 - View Summary
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Bill H 141 (2015-2016)Summary date: Apr 27 2015 - View Summary
House committee substitute makes the following changes to the 1st edition:
Makes a technical change.
Amends the application provisions of the act, providing that the proposed provisions only apply to cities in a county which meets the following criteria: (1) the county has a population of 275,000 or greater according to the most recent annual population estimates certified by the State Budget Officer and (2) the county has at least one city with a population of 225,000 or greater according to the most recent annual population estimates certified by the State Budget Officer (was, the county has a population of 910,000 or greater and the county has at least one city with a population of 500,000 or greater).
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Bill H 141 (2015-2016)Summary date: Mar 3 2015 - View Summary
Enacts new GS 160A‑311.1. States the General Assembly's findings. Allows a city, for the purposes of operating a public enterprise, to do any of the following activities within its stormwater management program: (1) purchase property for the purpose of demolishing flood‑prone buildings; (2) implement flood damage reduction techniques that result in improvements to private property in accordance with the policy document to include elevating structures or their associated components, demolishing flood‑prone structures, and retrofitting flood‑prone structures. Allows a city to engage in these activities only under the circumstances contained in a policy document approved by the city council. Sets out issues that the policy document must, at a minimum, establish, and may elaborate on, including that the private property owner's written consent must be obtained prior to the implementation of flood reduction improvements on the owner's property and the improvements to the private property are the minimum necessary to accomplish the stormwater benefit. Requires an existing stormwater advisory committee established by the city council and having specific charges, duties, and representation as set forth by the city council, to review and approve projects that implement flood damage reduction techniques. Requires the committee to submit an annual report to the city council for its review. The new statute applies only to cities in a county which meets the following criteria: (1) the county has a population of 910,000 or greater according to the most recent annual population estimates certified by the State Budget Officer and (2) the county has at least one city with a population of 500,000 or greater according to the most recent annual population estimates certified by the State Budget Officer.