Bill Summary for H 1030 (2015-2016)

Summary date: 

Jun 2 2016
S.L. 2016-94

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 1030 (Public) Filed Tuesday, May 3, 2016
AN ACT TO MODIFY THE CURRENT OPERATIONS AND CAPITAL IMPROVEMENTS APPROPRIATIONS ACT OF 2015 AND TO MAKE OTHER CHANGES IN THE BUDGET OPERATIONS OF THE STATE.
Intro. by Dollar, L. Johnson, Lambeth, McGrady.

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Bill summary

Senate amendments make the following changes to the 5th edition.

Section 11.1

Amendment #3 makes a technical correction to the introductory language of the section.

Section 11.4(c)

Amendment #1 changes the title of new GS 116-143.10 to NC Promise Tuition Plan (previously, Reduced tuition at certain institutions).

Amends GS 116-143.10 as follows.

Amends subsection (a) to direct the UNC Board of Governors to set tuition rates, as specified, for the University of North Carolina at Pembroke and Western Carolina University (previously, for the constituent institutions listed in subsection (c): Elizabeth State University, Fayetteville State University, University of North Carolina at Pembroke, Winston-Salem State University, and Western Carolina University).

Deletes the previous language of subsections (b) and (c) of the 5th edition and replaces it with the following. Directs that, notwithstanding any other provision of law, beginning with the 2018-19 fiscal year, the Director of Budget is to authorize and increase in the base budget of UNC for a fiscal year as provided by subsection (b) of the statute upon notification by the Chancellor of the University of North Carolina at Pembroke or the Chancellor of Western Carolina that additional funds are needed by the constituent institution to cover the cost of tuition revenue loss for the fiscal year due to the tuition rate established in subsection (a) of the statute. Requires the Chancellor requesting the additional funds to provide any information requested by the Director of the Budget to document the amount of the tuition revenue loss due to the tuition rate and the need for additional funds required by the constituent institution. Requires the Director of the Budget to authorize an increase in the base budget of UNC for the appropriate fiscal year determined by the Director to be equal to the tuition revenue loss and allocate those funds to the constituent institution. Directs the Director to report the authorization of any increase in the base budget and allocation of funds made pursuant to subsection (b) to the Joint Legislative Commission on Governmental Operations at its next meeting. Keeps previous language of subsection (b) providing that any increase in the base budget authorized pursuant to subsection (b) is not to be included in the calculation of projected enrollment growth under GS 116-30.7, and establishing that the authorization provided in subsection (b) is effective only as long as tuition rates continue at the rate established by subsection (a) of the statute. 

Section 11.4(d1)

Amendment #1 amends Section 11.4(d1) of the act to make Section 11.4(d) of the act, providing for the evaluation of the admission cap on nonresident students entering the freshman class of a constituent institution, applicable to only the University of North Carolina at Pembroke and Western Carolina University (previously, applicable to Elizabeth State University, Fayetteville State University, University of North Carolina at Pembroke, Winston-Salem State University, and Western Carolina University).

Section 14.12(a)

Amendment #4 makes a technical correction to GS 143-215.73F(c)(4) to replace the statutory reference to GS 143-202.3 with GS 143B-131.8A.

Section 14.13

Amendment #8 makes the following changes to Section 14.13.

Amends the findings in Section 14.13(a).

Makes a technical change to Section 14.13(b).

Amends Section 14.13(c) to direct that, of the funds appropriated in the act to the Clean Water Management Trust Fund, $500,000 for each of the fiscal years from 2016-17 through 2019-20 (previously, only provided for allocating $500,000 for the 2016-17 fiscal year) is allocated to the Chancellor of UNC-Chapel Hill to designate an entity to oversee a study and analysis of nutrient management strategies (including in situ strategies) and compilation of existing water quality data (previously, did not provide for the compilation of existing water quality data) specifically in the context of the State's nutrient-impaired water bodies. Establishes that, as part of the study, the entity must review data collected by the Department of Environmental Quality and by other stakeholders (previously, did not include data collected by other stakeholders) from water sampling in areas subject to one of the State Nutrient Management Strategies and compare trends in water quality to the implementation of the various elements of each of the State Nutrient Management Strategies. Changes the due date of the report to December 31, 2019 (was, 2018).

Amends Section 14.13(d), which requires the Environmental Review Commission to review and revise the State Nutrient Management Strategies, consisting of the specified regulations, by changing the date by which the Commission must adopt temporary rules based on its revisions to the State Nutrient Management Strategies to no later than December 31, 2020 (previously, was no later than December 31, 2019, and no earlier than October 1, 2019). 

Amends Section 14.13(e) to provide that the existing rules specified in subsection (d) of Section 14.13, as well as any other rules and modifications in the Departments's December 31, 2016, report required by that subsection, are repealed on the earlier of the effective date of the temporary rules or December 31, 2020 (was, December 31, 2019).

Amends Section 14.13(g) to provide that the rules that are a part of the nutrient management strategy for the Jordan Lake watershed and the Falls Lake watershed but that have effective dates between the effective date of the act and December 31, 2020 (was, December 31, 2019), are not to take effect and are subject to the repeal set forth in subsection (e) of Section 14.13.

Amends Section 14.13(h) to provide that subsection (h) of Section 14.13, which limits the cost for nutrient offsets, expires on the earlier of the effective date of new temporary rules established under subsection (d) of Section 14.13 or December 31, 2020 (was, December 31, 2019).

Section 15.5

Amendment #6 amends SL 2014-100 (Appropriations Act of 2014), Section 15.20(c), to require that, no later than June 30, 2016 (was, 2015), the Department of Commerce (was, the Department of Administration) must submit a final report on the results of the study on Broughton Hospital to the specified Chairs. Adds that the Department of Commerce is designated as the lead agency with respect to the study, as well as site control and disposition strategies, working closely with the Department of Health and Human Services, the Department of Administration, the City of Morganton, and the County of Burke.

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