Bill Summary for S 160 (2015-2016)

Printer-friendly: Click to view

Summary date: 

May 14 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 160 (Public) Filed Tuesday, March 3, 2015
Intro. by Lee, Brown, Cook.

View: All Summaries for BillTracking:

Bill summary

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 Also provides that Section 14.7(g) is repealed after actions required by Sections 14.7(a) through (f) are completed and directs the Department of Administration to use the submitted report pursuant to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.