Bill Summary for H 1057 (2013-2014)

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Summary date: 

Jun 18 2014

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 1057 (Public) Filed Wednesday, May 14, 2014
A BILL TO BE ENTITLED AN ACT TO DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO STUDY THE STATUTES AND RULES GOVERNING INTERBASIN TRANSFERS AND TO DIRECT THE ENVIRONMENTAL MANAGEMENT COMMISSION TO STUDY THE STATE'S POLICY FOR ESTABLISHING THE QUANTITY OF SURFACE WATER TO BE PROTECTED FOR ECOLOGICAL INTEGRITY AND TO REPORT TO THE ENVIRONMENTAL REVIEW COMMISSION ON THE STATUS OF HYDROLOGIC MODELS PROPOSED FOR USE IN ESTABLISHING THE WATER QUANTITY TO BE RESERVED FOR ECOLOGICAL FLOW.
Intro. by Hager.

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Bill summary

House committee substitute makes the following changes to the 1st edition:

Changes the short and long titles.

Adds new Sections 3 through 6 to the act, directing the Environmental Management Commission (EMC) to study how North Carolina establishes the quantity of surface water set aside for protection of ecological integrity in order to determine if the set-aside exceeds the required amount for ecological integrity and is interfering with other essential water uses, pursuant to GS Chapter 143, Article 38. Directs the EMC to study various considerations, including how to establish the minimum amount of water necessary to satisfy federal and NC law as well as considering the provisions of SL 2010-143, existing means for determining ecological flow, and recommendations of the Department of Environment and Natural Resources for establishing specified policies. Specifies that the EMC must report its findings and recommendations to the Environmental Review Commission (ERC) on or before January 1, 2016.

Provides that the EMC can create a science advisory board to help prepare the Commission's report to the ERC. Sets out processes and procedures for the appointing of the board if it is created, providing that the board will consist of five members, all of whom must be scientists, with varying backgrounds. Provides that state employees are ineligible to serve on the board but can be staff and provide technical assistance.

Provides a clarifying provision that nothing in the act prevents the EMC or DENR from exercising its authority pursuant to  GS 143, Articles 21 and 38, or GS Chapter 143B, Article 7.

Requires the EMC to defer approval of or modification to any basinwide hydrologic models submitted to the EMC for consideration while the study required by this act is underway and until the General Assembly has adjourned the session following the submission of the EMC's report to the ERC.