Bill Summary for S 486 (2015-2016)

Summary date: 

May 20 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 486 (Public) Filed Wednesday, March 25, 2015
AN ACT TO ENHANCE ECONOMIC DEVELOPMENT THROUGH THE EXPANSION OF THE STATE TRAILS NETWORK.
Intro. by Brock, Barringer.

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Bill summary

Senate committee substitute makes the following changes to the 1st edition.

Amends GS 143B-434.2A, as enacted in this act, to direct the North Carolina Trails Committee, in consultation with the Travel and Tourism Board, to review all applications for funds from the North Carolina Trails Management Trust Fund and approve or reject (was, approve) projects for funding.

Amends GS 143B-434.1 to direct the CEO of the Economic Development Partnership of North Carolina (was, the Director of the Division of Tourism, Film, and Sports Development) and the Secretary of Commerce to work with the North Carolina Travel and Tourism Board (Board) to fulfill the duties and requirements as provided in this section and to promote the sound development of the travel and tourism industry in North Carolina.

Amends GS 143B-434.1(b) to include among the functions and duties of the Board advising the Secretary of Commerce (1) in developing a budget for Visit North Carolina, a unit of the Economic Development Partnership of North Carolina (EDP); (2) as to the effectiveness of agencies with which the EDP has contracted for advertising and regarding the selection of an advertising agency to assist Visit North Carolina in promoting the state as a travel and tourism destination; and (3) as to the effectiveness of the overall operations of Visit North Carolina (was, Division of Tourism, Film, and Sports Development). Also makes it a duty of the Board to advise the Secretary of Commerce on any matter that the Secretary, Governor, or Vice-President of Tourism for the EDP (was, Director of the Division of Tourism, Film, and Sports Development) may refer to it. Deletes the requirements of naming a subcommittee.

Amends GS 143B-434.1(c) to require the Board to have 15 members (was, 13). Amends criteria for membership and designates member positions to be eliminated in order to achieve the reduction in membership. Amends subsection (d) to designate terms to be served by the members of the Board. Requires that one of the two appointments to the Board by the Speaker of the House of Representatives be associated with the tourism industry (was, tourism attractions). Requires that one of the two appointments to the Board by the President Pro Tempore of the Senate be associated with the tourism industry (was, the tourism-related transportation industry). Adds as members: (1) the Secretary of Commerce as a non-voting member; (2) the CEO of the EDP, or the CEO's designee, as a non-voting member; (3) one member of the Destination Marketing Association of North Carolina; (4) a member designated by the Board of Directors of the NC Travel Industry Association; and (5) one member-at-large appointed by the Board of Economic Development Partnership of North Carolina.

Makes additional conforming changes to delete all references to the Division of Tourism, Film, and Sports Development.

Adds authorization for the Department of Agriculture and Consumer Services (DACS) to establish admission fees and related activity fees authorized by GS 106-877 for state forests using a dynamic pricing strategy as defined in Section 3(e) of this act. Includes DACS as one of the entities required to assist in submitting a report on implementing the new pricing strategy to the Environmental Review Commission.

Amends new GS 111-47.3 to provide that in addition to the Division of Parks and Recreation of the Department of Environment and Natural Resources (DENR), any other department given responsibilities for state parks may operate or contract for the operation of food or vending services at state parks.

Amends Part V of this act to include any other department given responsibilities for the State Parks System in the General Assembly's authorization to add the Fonta Loop Trail to the State Parks System as provided in GS 113-44.14(b). Expands this Part on property management to direct DENR, or any other department given responsibilities for the North Carolina Aquariums, to study economic development opportunities for the Oregon Inlet Lifesaving Station related to tourism-related economic development. Requires DENR or the responsible agency to report its findings, including any legislative proposals, to the Environmental Review Commission no later than March 1, 2016.

Directs the Wildlife Resources Commission to update the Mattamuskeet Lodge Business Management and Tourism Study prepared for the NC Wildlife Resources Commission and issued in September 2008 (was, directed the Wildlife Resources Commission to study the feasibility of leasing Mattamuskeet Lodge and adjacent properties to a private developer for opportunities related to hunting, fishing, and tourism).

Amends additional provisions in Part V to provide flexibility in property management so as to permit DENR or any other responsible agency to conduct the studies and or activities specified in this Part and report the findings to the Environmental Review Commission no later than March 1, 2016.

Amends new GS 113A-96 to provide that trails are exempt from certain environmental regulation (was, exempt from environmental regulation). Provides that a trail is not considered a "built-upon area" under GS 143-214.7(b2). Makes a conforming change to GS 143-214.7(b2). Deletes provision defining an agency authorized to implement and enforce state and federal environmental laws. Effective when this section becomes law and applies to the construction, maintenance, or removal of a trail occurring on or after that date.

Regardless of any provision of SL 1939-168, as amended, authorizes the Department of Administration, acting on behalf of the State, to enter into an agreement to convey the real property as described in Section 7(c) of this act from the Raleigh-Durham Airport Authority in exchange for conveyance of the State-owned real property described in Section 7(d) of this act. Prescribes that fair market value be established for each property to be conveyed.

Provides that if the real property described in Section 7(c) of this act is acquired by the State, the property is to be incorporated into Umstead State Park (Park) and dedicated to the State Nature and Historic Preserve. Directs the Division of Parks and Recreation of DENR or any other department given responsibilities for state parks to dedicate between 500 and 600 acres in the southwestern corner of Umstead Park to single-track bike trails and to work with regional and local bicycle stakeholders to modify the master plan for the Park to include a single-track bicycle course within the Park's boundaries.

Removes several tracts in the Park from the Preserve. Requires the conveyance of approximately 40.82 acres of the Department of Transportation right-of-way previously acquired for the Duraleigh Connector to North Carolina State University for inclusion in Schenck Forest.

Particularly describes all property to be conveyed, and the restrictions and requirements regarding conveyance of said property. Specifies the conditions to which the property conveyed by the state to Raleigh-Durham Airport Authority are to be subject. Authorizes the Secretary of Administration to negotiate the terms of the exchange agreement necessary to fulfill the provisions of this act. Directs the Secretary to ensure that the map, dated April 14, 2015, and referenced in this act is filed in the State Property Office. Provides that the requirements of Section 7 of this act become effective only upon a simple majority vote of the Raleigh-Durham Airport Authority to proceed with the property exchange identified in this act. Makes an exception that Section 7(K), which authorizes the Secretary to negotiate the terms of the exchange agreement, is effective when this act becomes law.

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