OFFICIAL STATE VETERANS DAY PARADE. (NEW)

View NCGA Bill Details2015-2016 Session
Senate Bill 160 (Public) Filed Tuesday, March 3, 2015
AN ACT ADOPTING THE VETERANS DAY PARADE HELD IN THE TOWN OF WARSAW AS THE OFFICIAL STATE VETERANS DAY PARADE.
Intro. by Lee, Brown, Cook.

Status: Ch. SL 2016-33 (Senate Action) (Jun 24 2016)

SOG comments (2):

Long title change

Committee substitute to the 2d edition changed the long title. Previous long title was AN ACT TO ALLOW THE SECRETARY OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO WAIVE THE NON-STATE COST-SHARE REQUIREMENT FOR DREDGING PROJECTS INTENDED TO ALLEVIATE NAVIGATIONAL EMERGENCIES; TO MAKE OTHER CLARIFYING CHANGES TO THE SHALLOW DRAFT NAVIGATION CHANNEL DREDGING AND LAKE MAINTENANCE FUND; TO CREATE AND PROVIDE FUNDING FOR THE DEEP DRAFT NAVIGATION CHANNEL DREDGING AND MAINTENANCE FUND; AND TO AUTHORIZE THE SECRETARY OF ADMINISTRATION TO ACQUIRE FEDERAL LAND FOR THE MAINTENANCE OF DEEP DRAFT NAVIGATIONAL ACCESS TO THE PORT OF MOREHEAD CITY.

Long title change

House committee substitute to the 5th edition changed the long title. Previous long title was AN ACT TO PROVIDE FOR THE DREDGING AND MAINTENANCE OF THE STATE'S WATERWAYS IN ORDER TO ENHANCE SAFETY AND COMMERCE.

Bill History:

S 160/S.L. 2016-33

Bill Summaries:

  • Summary date: Jun 6 2016 - More information

    House committee substitute makes the following changes to the 5th edition.

    Amends the act's short and long titles.

    Deletes all of the provisions of the previous edition and replaces them with the following.

    As title indicates, enacts new GS 145-48, Official Veterans Day Parade, establishing the Veterans Day Parade held in the Town of Warsaw as the official State Veterans Day Parade. 


  • Summary date: May 18 2015 - More information

    Senate amendment makes the following changes to the 4th edition.

    Deletes proposed GS 136-45.1, which provided that the Oregon Inlet was considered a transportation corridor for the purposes of GS Chapter 136. 


  • Summary date: May 14 2015 - More information

    Senate committee substitute makes the following changes to the 3rd edition.

    Amends GS 143-215.73F, concerning the Shallow Draft Navigation Channel Dredging and Lake Maintenance Fund (Fund), adding language that provides that the Secretary of Environment and Natural Resources (Secretary) can only waive or modify the non-state cost share requirement for dredging projects that represent an opportunity to supplement or leverage United States Army Corps of Engineers funding that would be lost if a cost-share was required. Further provides that the Secretary can only waive or modify the non-state cost-share up to an amount not to exceed $500,000 per project.

    Amends the purposes for which the Shallow Draft Fund is to be reserved, providing that $750,000 must be reserved to reimburse the Department of Administration for its costs associated with the implementation of SL 2014-100, Section 14.7(g) (previously, required $1 million to be reserved). Also provides that Section 14.7(g) is repealed after actions required by Sections 14.7(a) through (f) are completed and directs the Department of Administration to use the submitted report pursuant to Section 14.7(h) for specified future prioritizing needs concerning transportation corridors on the Outer Banks. Also provides that $250,000 must be reserved for use by the Department of Environment and Natural Resources (DENR) to update the Beach and Inlet Management Plan as specified, with a report due to the Environmental Review Commission by December 1, 2016, regarding the updated plan. 

    Amends new GS 143-215.73G which establishes the Deep Draft Navigation Channel Dredging and Maintenance Fund, deleting provisions which allowed the Secretary to waive or modify the non-State cost-share for dredging projects or federally authorized studies of deep draft access to state ports as specified. Makes conforming deletions.

    Amends language concerning negotiations by the Department of Administration to make an agreement to acquire the federally owned property necessary for managing deep draft navigation channels providing access to state port facilities at Morehead City with the federal government, adding a provision that requires the NC Ports Authority and the Department of Transportation to be included in the planning and carrying out of the negotiations, with ultimate approval authority resting with the Secretary of the Department of Administration. 

    Deletes Section 5.1 of the bill, concerning the adjusting of the boundary for Zeke's Island as specified by the Coastal Resources Commission. 

    Makes clarifying changes to provisions that prescribe tasks to be done by DENR to accomplish the removal of navigational obstructions and reestablish the natural ecosystem at the mouth of the Cape Fear River, providing that the tasks prescribed must be completed in accordance with GS Chapter 143, Article 8, as specified. Also provides that DENR must request approval from the National Oceanic and Atmospheric Administration (NOAA) to adjust the boundary for Zeke's Island as specified. Adds provisions, provided that the NOAA grants approval, providing for the adoption and implementation of administrative rules by the Coastal Resources Commission to provide for the adjustment, as approved by NOAA. 

    Amends GS 150B-1(e) to exempt the specified waiver or modification of non-state cost-share requirements by the Secretary from the contested case provisions of GS Chapter 150B.

    Enacts new GS 75A-5.3, Coastal Waterways User Identification Number required, setting out requirements for specified vessels to be numbered with a Coastal Waterways User Identification Number issued by the Wildlife Resources Commission (WRC). Establishes a fee calculation/formula for identification number registration. Provides that funds collected will be credited on a quarterly basis to the Shallow Draft Navigation Channel Dredging and Lake Maintenance Fund. Sets out provisions concerning renewal of the identification number, vessel change of ownership, duration of validity, and display requirements. Establishes a penalty for failure to obtain and display an identification number consisting of an infraction and a fine equal to the amount of the fee. Directs the WRC to adopt rules to implement the above provisions, effective when the act becomes law. Amends GS 75A-5.2, Vessel agents, providing that vessel agents will receive a surcharge amount of $3.50 per Coastal Waterways User Identification Number issued, renewed, or duplicated. Unless otherwise specified above, provisions are effective January 1, 2016.

    Directs the WRC to disseminate information about the Coastal Waterways User Identification Number system to the public. Also allows the WRC to retain $250,000 from the funds to be transferred to the Shallow Draft Navigation Channel Dredging and Lake Maintenance Fund for the 2014-15 fiscal year for implementation of the Coastal Waterways User Identification Number provisions. Effective when the act becomes law.

    Directs the Coastal Resources Commission to amend its rule for temporary erosion control structures to provide for four specified activities, including the placement of temporary erosion control structures on a property that is experiencing coastal erosion. Requires the Coastal Resources Commission to adopt temporary rules to implement the above no later than December 31, 2015.

    Amends SL 1985-449, as amended, adding a new subsection that provides that Dare County can use up to $3 million of the specified authorized occupancy taxes per fiscal year for maintenance of waterways found in the county, effective July 1, 2016, for net proceeds collected on or after that date.  Provides that the new section is repealed for fiscal years beginning on or after July 1, 2021. 

    Enacts GS 136-45.1, which provides that the Oregon Inlet is considered a transportation corridor for the purposes of GS Chapter 136.

    Repeals Section 1 of SL 2013-182, which provided that the provisions of the session law concerning the ability of a county to prohibit the abandonment of vessels in navigable waters apply only to Brunswick and Dare counties. 

    Amends GS 153A-132 to allow counties by ordinance to prohibit the abandonment of vessels in navigable waters within the county's ordinance-making jurisdiction. Applies the statute to abandoned vessels (which are defined in the statute) in the same manner as it applies to abandoned or junked motor vehicles. Provides that shipwrecks, vessels, cargoes, tackle, and other underwater archaeological remains that have been in place for more than 10 years are not considered abandoned vessels and may not be removed under the statute without approval of the Department of Cultural Resources. Provides that these provisions apply only to counties set out in GS 113A-103(2), which includes a list of counties designated as coastal area counties. 

    Makes conforming changes to the effective date clause. 


  • Summary date: Apr 1 2015 - More information

    Senate committee substitute makes the following changes to the second edition.

    Amends GS 143-215.73F (establishes the Shallow Draft Fund) and GS 143-215.73G (establishes the Deep Draft Fund) to delete provision that provided that for each of the respective funds, interest and other investment income earned by the Fund accrued to it.

    Directs that $6 million of the funds appropriated to the Department of Commerce Job Catalyst Fund for the 2014-15 fiscal year be transferred to the Shallow Draft Navigation Channel Dredging and Lake Maintenance Fund (Shallow Draft Fund) established in GS 143-215.73F within 10 days of the effective date of this act. Identifies the purposes for which the Shallow Draft Fund is to be reserved. Provides that the conditions on funding as provided in GS 143-215.73F(c) may not be waived, and provides that state funds that remain unused or encumbered by June 30, 2016, for the specified purposes will be unreserved and made available for any of the uses set out in GS 143-215.73F.

    Deletes new Section 3.3, added to SL 1985-449, as amended, which provided for the additional use of occupancy taxes as designated by the Dare County Board of Commissioners for contributions to the Shallow Draft Navigation Channel Dredging and Lake Maintenance Fund.

    Directs that $1 million of the funds appropriated to the Department of Commerce Job Catalyst Fund for the 2014-15 fiscal year be transferred to the Deep Draft Navigation Channel Dredging and Maintenance Fund (Deep Draft Fund) established in GS 143-215.73G within 10 days of the effective date of this act.

    Deletes provisions from 1st edition which amended Section 6.1 of SL 2013-360, as amended. Deletes amendment to GS 143C-4-4 which provided for a reversion of any funds remaining in the Deep Draft Fund to be used for the purposes set forth in GS 143-215.73G.

    Makes technical change to identify the Memoranda of Understanding in Section 3 of this act as a Memoranda of Agreement.

    Adds a Part V to this act regarding the removal of navigational obstructions to restore the natural ecosystem of the mouth of the Cape Fear River and its environs and protect navigational safety. Requires adjusting the boundary for Zeke's Island as specified. Confers additional rule-making authority on the Coastal Resources Commission. Prescribes tasks to be done by the Department of Environment and Natural Resources (DENR) to accomplish the removal of navigational obstructions and reestablish the natural ecosystem at the mouth of the Cape Fear River. Provides that DENR may use funds from the Deep Draft Fund, established under GS 143-215.73G, as enacted in this act, to implement this section.

    Adds a severability clause to provide that if any provisions of the proposed act or its application are held to be invalid, the invalidity does not affect other provisions or applications that can be given effect without the invalid provisions or applications.


  • Summary date: Mar 3 2015 - More information

    Amends GS 143-215.73F, concerning the Shallow Draft Navigation Channel Dredging and Lake Maintenance Fund (Fund) as follows. Adds that interest and other investment income earned by the Fund accrues to it, and that the Fund also consists of monies contributed by a non-state entity designated for a particular dredging project or group of projects, in addition to the fees credited to it under specified statutes. Makes conforming changes. Provides that for any project funded by the Fund from fees that must be cost-shared with non-state dollars on a one-to-one basis, the non-state cost share may also be provided by monies contributed to the Fund by a non-state entity. Allows the Secretary of Environment and Natural Resources to waive or modify the non-state cost share requirement for dredging projects that alleviate a navigational emergency or represent an opportunity to supplement or leverage United States Army Corps of Engineers (Corps) funding. Allows non‑state entities that contribute to the Fund for a particular project or group of projects to make a written request to the Secretary that the contribution be returned if the contribution has not been spent or encumbered within two years of the Fund's receipt of the contribution. Requires the Secretary to return the funds, if the written request is made before the funds are spent or encumbered, within 30 days after the later of receiving the request or the expiration of the two‑year period. Requires the Secretary to report any waivers or modifications of the cost‑share requirement within 30 days of issuance to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division. Requires the report to include an explanation of the factors that are the basis for the waiver or modification decision. Adds terms to the definitions section, including costs associated with a dredging project and navigational emergency.

    Amends Chapter 449 of the 1985 Session Laws, as amended, to allow the Dare County Board of Commissioners to, by resolution, designate the use of some or all of the proceeds from the occupancy taxes authorized in the act for contributions to the Shallow Draft Navigation Channel Dredging and Lake Maintenance Fund, to be used for the non-state share of costs associated with dredging shallow draft navigation channels.

    Enacts new Part 8C in Article 21 of GS Chapter 143. Enacts new GS 143-215.73G establishing the Deep Draft Navigation Channel Dredging and Maintenance Fund (Deep Draft Fund) as a special revenue fund, with interest and other investment income earned by the Deep Draft Fund accruing to it. Provides that the Deep Draft Fund is made up of General Fund appropriations; gifts or grants, including monies contributed by a non‑State entity for a particular dredging project or group of projects; and any other revenues specifically allocated by an act of the General Assembly. Limits use of the Deep Draft Fund to costs associated with projects providing safe and efficient navigational access to a state port, related surveys or studies, and the costs of disposal of dredged material. Requires state funds credited to the Deep Draft Fund to be cost-shared on a one‑to‑one basis with funds provided by the State Ports Authority. Allows funds contributed by a non‑state entity to be used to provide the required cost share. Allows the Secretary to waive or modify the cost-share requirement for any project that supplements Corps funding for a study authorized by the Corps related to navigational access to a state port, based on availability of alternate funding sources. Also allows the Secretary to waive or modify the non‑state cost-share requirement for dredging projects or federally authorized studies of deep draft access to state ports that represent an opportunity to supplement or leverage Corps funding that would be lost if a cost‑share was required, or alleviate shoaling or other navigational hazards that pose a negative impact on safety or commerce within a state port. Requires the Secretary to return the funds, if the written request is made before the funds are spent or encumbered, within 30 days after the later of receiving the request or the expiration of the two‑year period. Requires the Secretary to report any waivers or modifications of the cost‑share requirement within 30 days of issuance to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division. Requires the report to include an explanation of the factors that are the basis for the waiver or modification decision. Defines terms used in the Part.

    Amends Section 6.1 of SL 2013-360, as amended, to require that, of the funds appropriated to the Contingency and Emergency Fund for the 2014-15 fiscal year, $1.7 million must be transferred to the Shallow Draft Navigation Channel Dredging and Lake Maintenance Fund, and $800,000 must be transferred to the Deep Draft Navigation Channel Dredging and Maintenance Fund. Requires any funds remaining in the Contingency and Emergency Fund at the end of the 2013-15 biennium to be transferred to the Deep Draft Navigation Channel Dredging and Maintenance Fund. Makes a conforming change to GS 143C-4-4.

    Requires the State Ports Authority to negotiate with the Corps a memorandum of agreement allowing for nonfederal funding of dredging and related studies or maintenance at the state ports in Wilmington and Morehead City for as long a term as possible.

    Requires the Division of Water Resources of the Department of Environment and Natural Resources to negotiate a memorandum of agreement with the Corps allowing for nonfederal funding of dredging of Oregon Inlet, for as long a term as possible.

    Requires the Department of Administration to initiate negotiations with the appropriate federal agency for an agreement to acquire the federally owned property necessary for managing deep draft navigation channels providing access to state port facilities at Morehead City from the federal government in exchange for state‑owned real property. Gives the Secretary of the Department of Administration authority to negotiate the terms of the acquisition agreement. Sets out required terms of the agreement. Requires the Attorney General, within 30 days of the acquisition becoming effective, to execute any documents or deeds necessary to effectuate the acquisition. Requires the Secretary of the Department of Administration to report, within 30 days after an agreement is entered into, to the Joint Legislative Commission on Governmental Operations on the terms of the agreement.

     


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