Senate committee substitute to the 1st edition makes the following changes. Makes organizational changes and conforming changes to the act’s long and short titles.

Section 1.  

Changes the recodified citation of Section 9 of the enabling legislation creating the Lake Norman Marine Commission in SL 1969-1080 from GS 77-89.9 to GS 77-89.10 (enforcement).

Amends the definitions pertaining to new Article 6B the Lake Norman Marine Commission (Commission), as follows. Adds new terms eligible local governments (each of the four counties: Catawba, Iredell, Lincoln, and Mecklenburg Counties) and participating local government (any of the eligible local governments that have adopted a resolution to participate in the Commission and have not withdrawn). Replaces references to “the four counties” with “participating local governments” in shoreline area, and joint resolution. Makes technical changes to commissioner. Modifies the boundaries of Lake Norman so that it extends from the Lookout Shoals Dam (was, the bridge crossing of Rural Road 1004) downstream to Cowans Ford Dam and now lying below the full pond elevation of 760 feet above mean sea level based on the specified datum. Modifies shoreline area so that is the area within the four counties lying within 50 feet landward (was, one mile) of the full pond elevation contour of Lake Norman (was, mean high water line).

Specifies, in GS 77-89.2 (authorizing creation of the Commission), that the purpose of the Commission is to ensure the coordinated governance applicable to Lake Norman and its shoreline area concerning all matters related to public recreation and water quality and safety. Makes technical and conforming changes. Provides for appointment of a mediation officer who is tasked with attempting to initiate informal settlement discussions if a participating local government submits a notice of intent to withdraw from the Commission. Specifies that a participating local government’s withdrawal from the Commission is effective upon the conclusion of the informal settlement discussion, not to exceed 90 days after the participating local government delivers to the Commission its notice of intent to withdraw. Allows a participating local government to rejoin upon joint resolution of the participating local governments the Commission if it withdraws. Specifies that once a local government withdraws from the Commission it is no longer obligated to continue any in-kind or financial support of the Commission. Dissolves the Commission if there are less than three participating local governments. Instructs that any action taken by the Commission pertaining to the shore-line area only applies within those counties that are participating local governments.

Provides for initial terms of the two commissioners appointed by each of the participating local governments of four years and five years, respectively, with commissioners serving five-year terms thereafter in GS 77-89.3 (concerning membership, terms of office, and eligibility for appointment to the Commission). Directs the commissioners to appoint one commissioner to a five-year term who will serve a one-year term as chair of the Commission. Specifies that each succeeding four years, the Commission must elect a new chair from the current commissioners to serve a one-year term. Provides that at the end of each fourth year, the commissioners appointed by participating local governments will repeat the process of electing a chair. Requires that appointees to the Commission possess at least one of six listed qualifications. Limits the number of commissioners serving at any given time residing in the same county to 35% of the commissioners. Prevents a commissioner from owning a controlling interest in a business that is dependent on income generated by Lake Norman. Provides for residency requirements. Makes technical and conforming changes, including to the statute's title.

Prevents a commissioner from receiving compensation in the form of salary, wages, fees, or other forms of compensation for serving as a commissioner in GS 77-89.4. Makes technical and conforming changes.

Prohibits a commissioner from serving from chair for more than two consecutive terms in GS 77-89.5. Specifies that the Commission is subject to State public records law and State public meetings law. Requires the Commission to maintain a public website providing the public access to its public records. Further specifies that records produced or maintained by the Commission related to the development, collection, and use of fees are public records.

Expands the Commission’s powers to include (1) assessing fees as provided in the act and (2) requesting the Department of Environmental Quality (DEQ) to add certain aspects of vegetation and algae, as specifically applicable to Lake Norman and its shoreline area, to the Aquatic Weed Control Program, in GS 77-89.6.  Makes technical and conforming changes. Expands those persons who can appropriate the described funds to the Commission to include municipalities and towns bordering Lake Norman. Allows the Commission to accept, receive, and disburse in furtherance of its functions any funds, grants, services, or property made available by municipalities and towns or their agencies, in addition to the other government entities listed. Requires the Commission to prepare a budget before the close of each fiscal year for consideration of the boards of each participating local government for approval, as described.  

Now requires that any joint resolutions amending or repealing the Commission’s enabling resolution must be distributed to the Secretaries of the Department of Commerce (DOC) and DEQ as well as a news outlet serving a general audience throughout the four counties under GS 77-89.7. Requires each participating local government to incorporate a copy of the text of every joint resolution in its local code of ordinances. Makes technical and conforming changes.

Now prohibits the Commission’s regulations from conflicting with federal law, in addition to State law in GS 77-89.8. Makes violations of any of the Commission’s regulations commanding or prohibiting an act a Class 3 misdemeanor (was, punishable by a civil penalty). Allows the Commission to require persons born on or after January 1, 1988, to complete a boating education as described to operate the specified motorized watercraft on Lake Norman. Expands the persons where the Commission’s resolutions must be filed to include the secretaries of DEQ and DOC as well as the General Manager of Water Strategy, Hydro Licensing & Lake Services for the federal licensee of the Catawba-Wateree Hydro Project.

Specifies that the described law enforcement officers with territorial jurisdiction as to any part of Lake Norman’s shore area also have authority to enforce any applicable ordinances or regulations adopted by local governments in GS 77-89.10. Removes provisions pertaining to special law enforcement officers. Directs the four counties to assign a magistrate, as described, with primary responsibility for adjudicating matters concerning regulations of the Commission; sets out related requirements.

Enacts GS 77-89.9, authorizing the Commission to assess fees, as described, related to (1) participation in education, training, or certification services provided by the Commission; (2) use of facilities owned or operated by the Commission; and (3) permit applications administered by the Commission. Sets out limitations on the fees. Requires the Commission to produce a publicly available and auditable annual report that includes an accounting of all of its fee collections and funding from other sources compared to its program-specific expenses during the prior calendar year by January 31 each year.

Section 2.

Includes the Commissioners as public servants under the State Government Ethics Act.

Section 4.

Specifies that any joint resolution adopted by the four counties that is in effect immediately prior to the effective date of the act, expires upon the adoption of a subsequent joint resolution by the participating local governments consistent with the provisions of this act or September 30, 2025, whichever is earlier. Provides that the terms of the commissioners currently appointed to the Commission’s governing board of the Lake Norman Marine Commission expires on September 30, 2025.

Section 5.

Upon the Lake Norman Marine Commission being reconstituted pursuant to a joint resolution adopted by the participating local governments, directs that all new appointments to the governing board of the Lake Norman Marine Commission are effective on October 1, 2025.

Section 6.

Instructs that all rules, regulations, and decisions made by the predecessor Lake Norman Marine Commission, reconstituted in accordance with the act, remain in full force and effect until and unless duly modified by the successor entity.