Bill Summary for S 793 (2015-2016)

Summary date: 

Apr 28 2016

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 793 (Public) Filed Thursday, April 28, 2016
AN ACT TO ELIMINATE, CONSOLIDATE, AND MAKE OTHER CHANGES TO VARIOUS REPORTS TO THE ENVIRONMENTAL REVIEW COMMISSION, AS RECOMMENDED BY THE ENVIRONMENTAL REVIEW COMMISSION.
Intro. by Wade, Brock, B. Jackson.

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Bill summary

Part I eliminates various reports to the Environmental Review Commission. 

Repeals GS 74-54.1(c), which required the Department of Environmental Quality to submit an annual report to the Environmental Review Commission, the Fiscal Research Division, and the North Carolina Mining Commission on the cost of implementing Article 7 of Chapter 74 (The Mining Act of 1971). 

Repeals GS 143-135.39(f) and (g), which required the Department of Administration to submit an annual consolidated report to the chairs of the General Government Appropriations Subcommittees of both the Senate and House of Representatives, the Environmental Review Commission, and the Joint Legislative Commission on Governmental Operations, of the performance review findings required under GS 143-135.39(f), the report required under GS 143-135.37(e), the report from the State Building Commission required under GS 143-135.38, and the report required under GS 143-135.40.

Repeals GS 143-135.40(b), which required the Department of Administration to submit an annual report on its findings from monitoring construction standards and sustainable building standards under the Sustainable Energy Efficient Buildings Program.

Amends GS 143-215.9B by eliminating the required annual report from the Environmental Management Commission to the Environmental Review Commission on its progress in developing and implementing the wastewater collection system permit program required under GS 143-215.9B, pursuant to GS 143B-282(b).

Repeals GS 143-215.107C(d) and (e), which required the Department of Transportation to submit annual reports on reducing vehicle emissions from state employee and private sector vehicles to the Joint Legislative Transportation Oversight Committee and the Environmental Review Commission.

Amends GS 143-341(8)(i).2b by eliminating the required annual report by the Department of Administration on the number of new passenger motor vehicles purchased and fuel savings for the previous fiscal year.

Repeals GS 143B-279.5, which required the Secretary of Environmental Quality to submit a biennial report on the state of the environment to the General Assembly, the Fiscal Research Division of the General Assembly, and the Environmental Review Commission.

Repeals GS 143B-279.7(c), which required the Department of Environmental Quality to submit an annual report on fish kill activity, trends, and protocols to the Environmental Review Commission.

Amends Section 11.1 of SL 1999-329 by eliminating the requirement of the Environment Management Commission to submit a quarterly report on its progress in developing the engineering standards required by SL 1999-329, Section 11.1, to the Environmental Review Commission.

Amends Section 13.9(d) of SL 2000-67 by eliminating the requirement for the Department of Environment and Natural Resources to submit its biennial report on the implementation of the North Carolina Beach and Inlet Management Plan to the General Assembly.

Repeals Sections 29(j) and (k) of SL 2014-120, which required each Regulatory Authority to submit an annual report on the informal review process of engineering work to the Environmental Review Commission, beginning in 2016 and expiring January 1, 2019.

Part II consolidates various reports to the Environmental Review Commission.

Amends GS 143B-279.8(e) to require the Coastal Resources Commission, the Environmental Management Commission, and the Marine Fisheries Commission to report to the Joint Legislative Commission on Governmental Operations and the Environmental Review Commission on the Coastal Habitat Protection Plan on or before September 1 of each year in which any significant revision to the Plans are made (was, each year).

Repeals GS 143B-279.8(f), which required the Secretary of Environmental Quality to report to the Environmental Review Commission and the Joint Legislative Commission on Governmental Operations within 30 days of the completion or substantial revision of each draft Coastal Habitat Protection Plan.

Amends GS 143-215.3A(c) to require the Department of Environmental Quality to report to the Environmental Review Commission and the Fiscal Research Division on the costs and implementation of the environmental permitting programs on or before January 1 (was, 1 November) of each odd-numbered year (was, each year).  Directs the Department of Environmental Quality to submit this report with the report required under GS 143B-279.17 as a consolidated, single report. Amends GS 143B-279.17 to include conforming changes.  Directs the Department of Environmental Quality to submit the first combined report under GS 143-215.3A and GS 143B-279.17 to the Environmental Review Commission and the Fiscal Research Division no later than January 1, 2017.

Amends GS 143B-282(b) to require the Environmental Management Commission to submit a written report as to its operation, activities, programs, and progress to the Environmental Review Commission by January 1 of each year (was, quarterly).  Eliminates the requirement for the Environmental Management Commission to submit written reports whether or not the General Assembly is in session at the time the report is due.  Amends GS 143-215.1(h) to include conforming changes, to require the Environmental Management Commission to submit an annual (was, quarterly) summary and analysis of permit applications to the Environmental Review Commission as part of each annual (was, quarterly) report that the Environmental Management Commission is required to make under GS 143B-282(b).  Directs the Environmental Management Commission to submit its first combined report under GS 143B-282(b) and GS 143-215.1(h) no later than January 1, 2017.

Amends GS 130A-309.06(c) to require the Department of Environmental Quality to submit an annual report to the Environmental Review Commission and the Fiscal Research Division (was, only the Environmental Review Commission) on or before January 15 on the status of solid waste management efforts in the State.  Directs the Department of Environmental Quality to include five new reports in its comprehensive report required under GS 130A-309.06(c): (1) a report on the recycling of discarded computer equipment and televisions in the state required by GS 130A-309-140(a), (2) an evaluation of the Brownfields Property Reuse Act required by GS 130A-310.40, (3) a report on the Inactive Hazardous Waste Response Act required by GS 130A-310.10(a), (4) a report on the Dry-Cleaning Solvent Cleanup Act of 1997 under GS 143-215.104U(a) until the Act expires, and (5) a report on the implementation and cost of the hazardous waste management program required by GS 130A-294(i).  Makes conforming changes to GS 130A-309.140(a), GS 130A-310.40, GS 130A-310.10(a), GS 143-215.104U, and GS 130A-294(i).  Directs the Department of Environmental Quality to submit the first combined report required by GS 130A-309.06(c), as amended, to be submitted to the Environmental Review Commission and the Fiscal Research Division no later than January 15, 2017.

Amends GS 113A-67 to require the Department of Environmental Quality to submit an annual report on the implementation of the Sedimentation Pollution Control Act (Article 3 of Chapter 113A) on or before October 1 in a single report with the report required by GS 143-214.7(e).  Amends GS 143-214.7(e) to make conforming changes.  Directs the Department of Environmental Quality to submit the first combined report required by GS 113A-67 and GS 143-214.7(e) to be submitted to the Environmental Review Commission no later than October 1, 2016.

Repeals GS 143-355(n) and GS 143-355(o)(9), and amends GS 143-355 by adding a new subsection (p) to consolidate the reports required under GS 143-355(n) and GS 143-355(o)(9) into a single report to be submitted by the Department of Environmental Quality to the Environmental Review Commission on the implementation of the water supply plan and the development of basinwide hydrologic models no later than November 1 each year [was, 1 September for report required by GS 143-355(n)].  Directs the Department of Environmental Quality to submit the report required by the new subsection (p) of GS 143-355, as amended, with the report on basinwide water quality management plans required by GS 143-215.8B(d).  Makes conforming changes to GS 143-215.8B(d).  Directs the Department of Environmental Quality to submit the first combined report required by GS 143-355(p) and GS 143-215.8B(d) to the Environmental Review Commission no later than November 1, 2016.

Amends GS 159G-26(a) to provide that the Department of Environmental Quality shall publish a report each year on the accounts in the Water Infrastructure Fund that are administered by the Division of Water Infrastructure, by November 1.  Provides that the Department of Environmental Quality shall make the report available to the public and shall (was, must) give a copy of the report to the Environmental Review Commission, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division (was, the Environmental Review Commission and the Fiscal Resarch Division of the Legislative Services Commission), with the report required by G.S. 159G-72 as a single report.  Makes conforming changes to GS 159G-72.  Directs the Department of Environmental Quality to submit the first combined report required by GS 159G-26(a) and GS 159G-72 to be submitted to the Environmental Review Commission, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division no later than October 1, 2016.

Directs the Soil and Water Conservation Commission to submit the report required by GS 106-850(e) on the Nonpoint Source Pollution Control Program to the Environmental Review Commission and the Fiscal Research Division, with the reports required by GS 106-860(e) and GS 139-60(d) as a single report.  Makes conforming changes to GS 106-860(e).  Amends GS 139-60(d) to require that report by the Division of Soil and Water Conservation to be submitted to the Environmental Review Commission and the Fiscal Research Division (was, only the Environmental Review Commission).  Directs the Division of Soil and Water Conservation to submit the first combined report required by GS 106-850(e), GS 106-860(e), and GS 139-60(d) to the Environmental Review Commission and the Fiscal Research Division no later than January 31, 2017.

Part III makes other changes to the various reports to the Environmental Review Commission.

Amends GS 113B-12(a) to require the Energy Policy Council to transmit a comprehensive report on the general overview of energy conditions in the state to the Governor, the Speaker of the House of Representatives, the President Pro Tempore, the Environmental Review Commission, the Joint Legislative Commission on Energy Policy, and the chairman of the Utilities Commission on or before January 1 of each year (was, every two years).

Amends GS 113A-115.1(i) to require the Coastal Resources Commission to report to the Environmental Review Commission on the implementation of the Terminal Groins Pilot Project no later than January 1, 2017, and every five years thereafter (was, September 1 of each year).

Amends GS 143B-135.48(d) to require the Department of Natural and Cultural Resources to submit the State Parks System Plan to the Environmental Review Commission, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division (was, the Environmental Review Commission, the Senate and House of Representatives appropriate committees with jurisdiction over natural and cultural resources, and the Fiscal Research Division) no later than October 1, 2016, and every five years thereafter (was, October 1 of each year).  Directs the Department of Natural and Cultural Resources to concurrently submit a summary of each change to the State Parks System Plan that was made during the previous five fiscal years (was, previous fiscal year).

Amends SL 1999-237, Section 15.6(a), to provide that the Department of Environmental Quality (was, the Department of Environment and Natural Resources) may provide the 10% cost share required for Superfund cleanups on the National Priority List sites, pay associated operating and maintenance costs, and cleanup of priority inactive hazardous substance or waste disposal sites.  Amends SL 1999-237, Section 15.6(b), to provide that the Department of Environmental Quality (was, the Department of Environment and Natural Resources) and the Office of State Budget and Management report to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources (was, the Environmental Review Commission and the Joint Legislative Commission on Governmental Operations) the amount and source of funds used pursuant to SL 1999-237, Section 15.6(a).

Amends GS 87-98(e) to require the Department of Environmental Quality to report no later than October 1 of each year to the Joint Legislative Oversight Committee on Agriculture and Economic Resources and the Fiscal Research Division (was, to the Environmental Review Commission, the House of Representatives and Senate Appropriations Subcommittees on Natural and Economic Resources, and the Fiscal Research Division) on the implementation of the Bernard Allen Memorial Emergency Drinking Water Fund established by GS 87-98.

Amends GS 143B-135.56(f) to require the North Carolina Parks and Recreation Authority to report no later than October 1 of each year to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources (was, to the Joint Legislative Commission on Governmental Operations, the House and Senate Appropriations Subcommittees on Natural and Economic Resources), the Fiscal Research Division, and the Environmental Review Commission on allocations from the Parks and Recreation Trust Fund from the prior fiscal year.

Makes technical changes throughout the act.

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