Bill Summary for S 381 (2019-2020)

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Summary date: 

Apr 10 2019
S.L. 2019-32

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 381 (Public) Filed Wednesday, March 27, 2019
AN ACT TO RECONSTITUTE SEVERAL BOARDS AND COMMISSIONS HELD TO HAVE UNCONSTITUTIONALLY APPOINTED MEMBERSHIP PURSUANT TO MCCRORY V. BERGER AND COOPER V. BERGER AND TO MAKE CLARIFICATIONS TO THOSE BOARDS.
Intro. by Wells, Woodard, Edwards.

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Bill summary

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

Further amends GS 143B-135.234 to declare that the Clean Water Management Trust Fund (Fund) is to be also known as the Land and Water Fund. Modifies one of the proposed authorized uses of the Fund to now provide for use to prevent encroachment, provide buffers, and preserve natural habitats around military installations or military training areas, or for State matching funds of federal initiatives that provide funds to do the same (previously, to prevent incompatible encroachment around military installations and military training areas or for State matching funds for federal initiatives that provide funds to buffer the installations and area from incompatible use encroachment). Adds that encroachment means the use of land, air, and water that is incompatible with the military mission, such as urban and suburban sprawl, around military installations or military training areas. 

Modifies the proposed changes to the factors the Clean Water Management Trust Fund Board of Trustees (Board of Trustees) must consider in developing criteria for awarding grants from the Fund in GS 143B-242. Now gives priority to projects that are part of a comprehensive, long-term land-use plan by a State agency, local government, or nonprofit corporation whose primary purpose is the conservation, preservation, or restoration of the State's cultural, environmental, or natural resources (previously proposed priority be given to development projects that are part of a comprehensive, long-term land-use plan by a State agency, local government, or nonprofit corporation accredited by the Land Trust Alliance). 

Repeals GS Chapter 159I, the Solid Waste Management Loan Program and Local Government Special Obligation Bond Act.

Modifies the directive to the Chair of the Board of Trustees to report to the specified NCGA committees, subcommittee, and division regarding the act's implementation by July 1, 2020, to instead limit the scope of the report to the implementation of the changes to the Fund's provisions in Part 41, Article 2, GS Chapter 143B (now Section 1(a) of the act). Maintains the same reporting deadline.