Bill Summary for S 791 (2013-2014)

Summary date: 

May 16 2014

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 791 (Public) Filed Thursday, May 15, 2014
A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE PURCHASE OF CERTAIN FEDERALLY OWNED REAL PROPERTY FOR THE PURPOSE OF ACQUIRING SUITABLE PROPERTY TO COMPLETE OREGON INLET STATE PARK; TO AUTHORIZE THE CONDEMNATION OF FEDERALLY OWNED REAL PROPERTY NECESSARY TO MANAGE EXISTING AND FUTURE TRANSPORTATION CORRIDORS ON THE OUTER BANKS; AND TO AUTHORIZE THE GOVERNOR TO WAIVE CERTAIN PERMITTING REQUIREMENTS DURING A GUBERNATORIALLY OR LEGISLATIVELY DECLARED STATE OF EMERGENCY.
Intro. by Cook.

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Bill summary

I. Enacts new Part 4 of Article 36 of GS Chapter 143 to establish the interest bearing Outer Banks Land Management Fund (Fund) in the Department of Administration. Specifies the allowable uses of the funds in the Fund, including purchasing land for inclusion in a state park on or near Oregon Inlet, and paying the costs of dredging to keep the Oregon Inlet navigation channel navigable and safe. Authorizes land that is purchased to be added to the State Parks System.

Allows the Department of Administration (DOA) to use private counsel for legal challenges related to the purchase, condemnation, exchange, or use of property on the Outer Banks, without obtaining permission from the Attorney General. Requires DOA to report to specified entities within 30 days of engaging private counsel.

Appropriates $15 million from the General Fund to the Fund for 2014-15.

Requires DOA, on behalf of the State, to enter into an agreement to purchase federally owned property described in the act (1) with money from the Fund, (2) in exchange for state owned property, or (3) with a combination of the two. Limits the state property that may be exchanged to property adjacent to federally owned property or within 100 miles of such property. Provides further details on the purchase agreement. Requires a report to the Joint Legislative Commission on Governmental Operations within 30 days after an agreement is entered into. If the described property is acquired, then the Department of Environment and Natural Resources (DENR) is authorized to add Oregon Inlet State Park, consisting of the acquired property and any other property owned by the state within that area, to the State Parks System.

II. Requires DOA, on July 1, 2015, to commence condemnation proceedings on all federally owned property that is needed to manage existing and future transportation corridors on the Outer Banks. Requires the Department of Transportation (DOT), by November 30, 2014, to identify federally owned property necessary to construct, or manage, existing and future transporation corridors on the Outer Banks and report the information to the chairs of the Joint Legislative Transportation Oversight Committee, DOA Secretary, and the Fiscal Research Division.

III. Amends GS 116A-19.30 to allow the Governor, during a gubernatorially or legislatively declared state of emergency, to issue an executive order waiving requried documents or permits under the Environmental Policy Act, Sedimentation Pollution Control Act of 1973, and the Coastal Area Managment, for the repair, proection, safety, enhancement, or replacement of a part of the highway system that provides the sole road access to a city or unincorporated inhabited area bordering the ocean or any coastal sound where bridge or road conditions as a result of the events leading to the declaration of the state of emergency pose a risk to public health, safety, or welfare. Sets out relevant definitions and requirements for the executive order. Makes conforming changes to GS 113A-12, GS 113A-52.01, and GS 113A-103.

IV. Provides that neither the Governor nor the Council of State are required to approve any conveyance, exchange, or condemantion made under this act, nor will they be required to consult with or report to the Joint Legislation Commission on Governmental Operations  before the conveyance, exchange, or condemnation.

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