GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005
SESSION LAW 2005-386
HOUSE BILL 1096
AN ACT to Amend various environmental Laws related to the Environment, Environmental Health, and Natural Resources to: (1) make clarifying, conforming, and technical AMENDMENTS; (2) Modify Environmental reporting requirements; (3) change the name of the Wetlands Restoration Program to the Ecosystem Enhancement program and to change the name of the Wetlands Restoration Fund to the Ecosystem Restoration Fund; (4) AUTHORIZE THE COMMISSION FOR HEALTH SERVICES TO MODIFY THE INSPECTION SCHEDULE FOR ESTABLISHMENTS THAT PREPARE OR SERVE FOOD OR DRINK TO THE PUBLIC; (5) AUTHORIZE THE USE OF FUNDS FROM THE SPECIAL ZOO FUND FOR MARKETING PURPOSES; (6) PROVIDE THAT MEMBERS OF THE JOINT LEGISLATIVE COMMISSION ON SEAFOOD AND AQUACULTURE WHO ARE NOT REELECTED TO THE GENERAL ASSEMBLY MAY COMPLETE THEIR TERM OF SERVICE ON THE COMMISSION; (7) make clarifying amendments to the sedimentation pollution control act of 1973; (8) change the name of the Air Quality Compliance Advisory panel to the Small Business Environmental Advisory Panel; and (9) provide exemptions from well contractor certification requirements for certain persons and certain activities.
The General Assembly of North Carolina enacts:
part i. Technical corrections.
SECTION 1.1. G.S. 90A-55 reads as rewritten:
"§ 90A-55. State Board of Sanitarian Examiners; appointment and term of office.
(a) Board Membership. -
The Board shall consist of nine members: the Secretary of Environment and
Natural Resources, or the Secretary's duly authorized representative, one
public-spirited citizen, one environmental sanitation educator from an
accredited college or university, one local health director, a representative
of the Division of Environmental Health Division of the
Department of Environment and Natural Resources, and four practicing
sanitarians who qualify by education and experience for registration under this
Article, three of whom will represent the Western, Piedmont, and Eastern
Regions of the State as described more specifically in the rules adopted by the
Board.
(b) Term of Office. -
Each member of the State Board of Sanitarian Examiners shall be appointed by
the Governor for a term of four years. Members of the Board serving on
October 1, 1982, shall serve until the expiration of the terms for which they
were appointed. As the term of each current member expires, the Governor
shall appoint a successor in accordance with the provisions of this section. If
a vacancy occurs on the Board for any other reason than the expiration of a
member's term, the Governor shall appoint a successor for the remainder of the
unexpired term. No person shall serve as a member of the Board for more than
two consecutive four-year terms.
(c) The Environmental
Health Section, Section of the North Carolina Public Health
Association, Inc., shall submit a recommended list of Board member candidates
to the Governor for his consideration in appointments.
(d) The Governor may remove an appointee member for misconduct in office, incompetency, neglect of duty, or other sufficient cause."
SECTION 1.2. G.S. 102-1.1 reads as rewritten:
"§ 102-1.1. Name and description in relation to 1983 North American Datum.
From and after the date and time the North Carolina Geodetic
Survey Section in the Division of Land Resources Division of the
Department of Environment and Natural Resources receives from the National
Geodetic Survey, official notice of a complete, published definition of the
North American Datum of 1983 including the State plane coordinate constants
applicable to North Carolina, the official survey base for North Carolina shall
be a system of plane coordinates to be known as the "North Carolina
Coordinate System of 1983," said system being defined as a Lambert
conformal projection of the "Geodetic Reference System (GRS 80
Ellipsoid)" having a central meridian of 79°- 00' west from Greenwich and
standard parallels of latitude of 34° - 20' and 36º - 10' north of the equator,
along which parallels the scale shall be exact. All coordinates of the system
are expressed in metres, the x coordinate being measured easterly along the
grid and the y coordinate being measured northerly along the grid. The U.S.
Survey Foot, 1 meter = 39.37 inches or 3.2808333333 feet, shall be used as a
conversion factor. The origin of the coordinates is hereby established on the
meridian 79° - 00' west from Greenwich at the intersection of the parallels 33°
- 45' north latitude, such origin being given the coordinates x = 609,601.22
metres, y = 0 metres. The precise position of said system shall be as marked on
the ground by triangulation or traverse stations or monuments established in
conformity with the standards adopted by the National Geodetic Survey for first-
and second-order work, whose geodetic positions have been rigidly adjusted on
the North American Datum of 1983, and whose plane coordinates have been
computed on the system defined. Whenever plane coordinates are used in the
description or identification of surface area or location within this State,
the coordinates shall be identified as "NAD 83", indicating North
American Datum of 1983, or as "NAD 27", indicating North American Datum
of 1927."
SECTION 1.3. G.S. 105-277.7(a) reads as rewritten:
"(a) Creation and Membership. - The Use-Value Advisory Board is established under the supervision of the Agricultural Extension Service of North Carolina State University. The Director of the Agricultural Extension Service of North Carolina State University shall serve as the chair of the Board. The Board shall consist of the following additional members, to serve ex officio:
(1) A representative of the Department of Agriculture and Consumer Services, designated by the Commissioner of Agriculture.
(2) A representative of
the Division of Forest Resources Division of the Department of
Environment and Natural Resources, designated by the Director of that Division.
(3) A representative of the Agricultural Extension Service at North Carolina Agricultural and Technical State University, designated by the Director of the Extension Service.
(4) A representative of
the North Carolina Farm Bureau,Bureau Federation, Inc.,
designated by the President of the Bureau.
(5) A representative of the North Carolina Association of Assessing Officers, designated by the President of the Association.
(6) The Director of the Property Tax Division of the North Carolina Department of Revenue or the Director's designee.
(7) A representative of the North Carolina Association of County Commissioners, designated by the President of the Association.
(8) A representative of the North Carolina Forestry Association, designated by the President of the Association."
SECTION 1.4. G.S. 105-296(j) reads as rewritten:
"(j) The assessor
must annually review at least one eighth of the parcels in the county
classified for taxation at present-use value to verify that these parcels
qualify for the classification. By this method, the assessor must review the
eligibility of all parcels classified for taxation at present-use value in an
eight-year period. The period of the review process is based on the average of
the preceding three years' data. The assessor may request assistance from the
Farm Service Agency, the Cooperative Extension Service, the Division of Forest
Resources Division of the Department of Environment and Natural Resources,
or other similar organizations.
The assessor may require the owner of classified property to submit any information, including sound management plans for forestland, needed by the assessor to verify that the property continues to qualify for present-use value taxation. The owner has 60 days from the date a written request for the information is made to submit the information to the assessor. If the assessor determines the owner failed to make the information requested available in the time required without good cause, the property loses its present-use value classification and the property's deferred taxes become due and payable as provided in G.S. 105-277.4(c). The assessor must reinstate the property's present-use value classification when the owner submits the requested information unless the information discloses that the property no longer qualifies for present-use value classification. When a property's present-use value classification is reinstated, it is reinstated retroactive to the date the classification was revoked and any deferred taxes that were paid as a result of the revocation must be refunded to the property owner.
In determining whether property is operating under a sound management program, the assessor must consider any weather conditions or other acts of nature that prevent the growing or harvesting of crops or the realization of income from cattle, swine, or poultry operations. The assessor must also allow the property owner to submit additional information before making this determination."
SECTION 1.5. G.S. 113-56.1 reads as rewritten:
"§ 113-56.1. Overtime compensation for forest fire fighting.
The Department shall, within funds appropriated to the
Department, provide overtime compensation to the professional employees of the Division
of Forest Resources Division involved in fighting forest
fires."
SECTION 1.6. G.S. 113-60.32(1) reads as rewritten:
"(1) 'Fire fighter' means
an employee of the Division of Forest Resources Division of the
Department of Environment and Natural Resources who engages in fire suppression
duties."
SECTION 1.7. G.S. 113-291.10(a)(4) reads as rewritten:
"(4) The Director of the Division
of Soil and Water Conservation Division of the Department of
Environment and Natural Resources, or a designee;"
SECTION 1.8. G.S. 120-70.62 reads as rewritten:
"§ 120-70.62. Powers and duties.
The Commission shall have the following powers and duties:
….
(4) To evaluate actions of
the Division of Marine Fisheries Division of the Department of
Environment and Natural Resources, the Wildlife Resources Commission of the
Department of Environment and Natural Resources and of any other board,
commission, department, or agency of the State or local government as such
actions relate to the seafood and aquaculture industries;
…."
SECTION 1.9. G.S. 120-70.63 reads as rewritten:
"§ 120-70.63. Additional powers.
The Commission, while in the discharge of official duties,
may exercise all the powers of a joint committee of the General Assembly provided
for under the provisions of G.S. 120-19, and G.S. 120-19.1 through
G.S. 120-19.4. The Commission may meet at any time upon the call of either
cochairman,cochair, whether or not the General Assembly is in
session. The Commission may meet in the Legislative Building or the Legislative
Office Building upon the approval of the Legislative Services Commission."
SECTION 1.10. Section 14 of S.L. 2004-163 reads as rewritten:
"SECTION 14. Notwithstanding G.S. 164-10,
the Revisor of Statutes shall not codify any of the provisions of this act. The
Revisor of Statutes shall set out the text of Sections 1 through 13 of this act
as a note to G.S. 143-214.7 and may make notes concerning this act to
other sections of the General Statutes as the Revisor of Statutes deems
appropriate. The Revisor of Statutes shall set out the text of the Stormwater
Management Rule, as defined in Section 11 12 of this act, and the
text of Section 6 of the temporary rule adopted by the Environmental Management
Commission on 10 October 2002 as notes to G.S. 143-214.7."
part ii. modify reporting requirements.
SECTION 2.1. G.S. 143-215.8C is repealed.
SECTION 2.2. G.S. 143-215.107C reads as rewritten:
"§ 143-215.107C. State agency goals, plans, duties, and reports.
…
(d) The Department of
Administration, the Office of State Personnel, the Department of
Transportation, and the Department of Environment and Natural Resources shall
jointly develop and periodically update a plan to reduce vehicle miles traveled
by State employees and vehicle emissions resulting from job-related travel,
including commuting to and from work. The plan shall consider the use of
carpooling, vanpooling, public transportation, incentives, and other
appropriate strategies. The Office of State PersonnelDepartment of
Transportation shall report on the development and implementation of the
plan to the Joint Legislative Transportation Oversight Committee and the
Environmental Review Commission on or before 1 October of each year beginning 1
October 2000.
(e) The Department of
Transportation, the Department of Commerce, and the Department of Environment
and Natural Resources shall jointly develop and periodically update a plan to
reduce vehicle miles traveled by private sector employees and vehicle emissions
resulting from job-related travel, including commuting to and from work. The
plan shall consider the use of incentives for both private sector employees and
employers, employers to promote carpooling, vanpooling, use of
public transportation, and other appropriate strategies. The Department of
Transportation shall report on the development and implementation of the plan
to the Joint Legislative Transportation Oversight Committee and the
Environmental Review Commission on or before 1 October of each year beginning 1
October 2000.
(f) The Office of
State Personnel shall implement a policy that promotes telework/telecommuting
for State employees as recommended by the report of the State Auditor entitled
"Establishing a Formal Telework/Telecommuting Program for State
Employees" and dated October 1997. It shall be the goal of the State to
reduce State employee vehicle miles traveled in commuting by twenty percent
(20%) without reducing total work hours or productivity. The Office of State
Personnel shall report on progress in implementing this section to the
Environmental Review Commission on or before 1 October of each year beginning 1
October 2000."
SECTION 2.3. The primary investigator or researcher for the Neuse River Modeling and Monitoring Project shall provide a final report summarizing the findings and outcomes of the Project to the Environmental Review Commission no later than 1 November 2005.
PART iii. rename wetlands restoration program as the Ecosystem enhancement program.
SECTION 3.1. G.S. 143-214.8 reads as rewritten:
"§ 143-214.8.
Wetlands RestorationEcosystem Enhancement Program: established.
The Wetlands RestorationEcosystem Enhancement
Program is established within the Department of Environment and Natural
Resources. The Wetlands RestorationEcosystem Enhancement Program
shall be developed by the Department as a nonregulatory statewide wetlands
restorationecosystem enhancement program for the acquisition,
maintenance, restoration, enhancement, and creation of wetland and riparian
resources that contribute to the protection and improvement of water quality,
flood prevention, fisheries, wildlife habitat, and recreational opportunities.
The Wetlands RestorationEcosystem Enhancement Program shall
consist of the following components:
(1) Restoration and perpetual maintenance of wetlands.
(2) Development of restoration plans.
(3) Landowner contact and land acquisition.
(4) Evaluation of site plans and engineering studies.
(5) Oversight of construction and monitoring of restoration sites.
(6) Land ownership and management.
(7) Mapping, site identification, and assessment of wetlands functions.
(8) Oversight of private
wetland mitigation banks to facilitate the components of the Wetlands
RestorationEcosystem Enhancement Program."
SECTION 3.2. G.S. 143-214.9 reads as rewritten:
"§ 143-214.9.
Wetlands RestorationEcosystem Enhancement Program: purposes.
The purposes of the program are as follows:
(1) To restore wetlands
functions and values across the State to replace critical functions lost
through historic wetlands conversion and through current and future permitted
impacts. It is not the policy of the State to destroy upland habitats unless it
would further the purposes of the Wetlands RestorationEcosystem
Enhancement Program.
(2) To provide a consistent and simplified approach to address mitigation requirements associated with permits or authorizations issued by the United States Army Corps of Engineers under 33 U.S.C. § 1344.
(3) To streamline the wetlands permitting process, minimize delays in permit decisions, and decrease the burden of permit applicants of planning and performing compensatory mitigation for wetlands losses.
(4) To increase the ecological effectiveness of compensatory mitigation.
(5) To achieve a net increase in wetland acres, functions, and values in each major river basin.
(6) To foster a comprehensive approach to environmental protection."
SECTION 3.3. G.S. 143-214.10 reads as rewritten:
"§ 143-214.10.
Wetlands RestorationEcosystem Enhancement Program: development
and implementation of basinwide restoration plans.
Develop Basinwide Restoration Plans. - The Department shall
develop basinwide plans for wetlands and riparian area restoration with the
goal of protecting and enhancing water quality, flood prevention, fisheries,
wildlife habitat, and recreational opportunities within each of the 17 major
river basins in the State. Beginning July 1, 1997, the The Department
shall develop and begin implementingimplement a basinwide
restoration plan for each of the 17 river basins in the State in accordance
with the basinwide schedule currently established by the Division of Water
Quality."
SECTION 3.4. G.S. 143-214.11 reads as rewritten:
"§ 143-214.11.
Wetlands RestorationEcosystem Enhancement Program: compensatory
mitigation.
(a) Definition. - For purposes of this section, the term "compensatory mitigation" means the restoration, creation, enhancement, or preservation of wetlands or other areas required as a condition of a section 404 permit issued by the United States Army Corps of Engineers.
(b) Department of Environment and Natural Resources to Coordinate Compensatory Mitigation. - All compensatory mitigation required by permits or authorizations issued by the United States Army Corps of Engineers under 33 U.S.C. § 1344 shall be coordinated by the Department consistent with the basinwide plans for wetlands restoration and rules developed by the Environmental Management Commission. All compensatory wetlands mitigation, whether performed by the Department or by permit applicants, shall be consistent with the basinwide restoration plans.
(c) Mitigation Emphasis
on Replacing Ecological Function Within Same River Basin. - The emphasis of
mitigation is on replacing functions within the same river basin unless it is
demonstrated that restoration of other areas would be more beneficial to the
overall purposes of the Wetlands RestorationEcosystem Enhancement
Program.
(d) Compensatory
Mitigation Options Available to Applicant. - An applicant may satisfy
compensatory wetlands mitigation requirements by the following actions, if
those actions are consistent with the basinwide restoration plans and also meet
or exceed the requirements of the United State States Army Corps
of Engineers:
(1) Payment of a fee
established by the Department into the Wetlands Ecosystem Restoration
Fund established in G.S. 143-214.12.
(2) Donation of land to
the Wetlands RestorationEcosystem Enhancement Program or to other
public or private nonprofit conservation organizations as approved by the
Department.
(3) Participation in a private wetlands mitigation bank.
(4) Preparing and implementing a wetlands restoration plan.
(e) Payment Schedule. - A standardized schedule of per-acre payment amounts shall be established by the Environmental Management Commission. The monetary payment shall be based on the ecological functions and values of wetlands permitted to be lost and on the cost of restoring or creating wetlands capable of performing the same or similar functions, including directly related costs of wetlands restoration planning, long-term monitoring, and maintenance of restored areas.
(f) Mitigation Banks. - State agencies and private mitigation banking companies shall demonstrate that adequate, dedicated financial surety exists to provide for the perpetual land management and hydrological maintenance of lands acquired by the State as mitigation banks, or proposed to the State as privately operated and permitted mitigation banks.
(g) Payment for Taxes. - A State agency acquiring land to restore, enhance, preserve, or create wetlands must also pay a sum in lieu of ad valorem taxes lost by the county in accordance with G.S. 146-22.3."
SECTION 3.5. G.S. 143-214.12 reads as rewritten:
"§ 143-214.12.
Wetlands Restoration Ecosystem Enhancement Program: Wetlands Ecosystem
Restoration Fund.
(a) Wetlands Ecosystem
Restoration Fund. - The Wetlands Ecosystem Restoration Fund
is established as a nonreverting fund within the Department. The Fund shall be
treated as a special trust fund and shall be credited with interest by the
State Treasurer pursuant to G.S. 147-69.2 and G.S. 147-69.3. The Wetlands
Ecosystem Restoration Fund shall provide a repository for monetary
contributions and donations or dedications of interests in real property to
promote projects for the restoration, enhancement, preservation, or creation of
wetlands and riparian areas and for payments made in lieu of compensatory
mitigation as described in subsection (b) of this section. No funds shall be
expended from this Fund for any purpose other than those directly contributing
to the acquisition, perpetual maintenance, enhancement, restoration, or
creation of wetlands and riparian areas in accordance with the basinwide plan
as described in G.S. 143-214.10. The cost of acquisition includes a payment
in lieu of ad valorem taxes required under G.S. 146-22.3 when the
Department is the State agency making the acquisition.
(a1) The Department may distribute
funds from the Wetlands Ecosystem Restoration Fund directly to a
federal or State agency, a local government, or a private, nonprofit
conservation organization to acquire, manage, and maintain real property or an
interest in real property for the purposes set out in subsection (a) of this
section. A recipient of funds under this subsection shall grant a conservation
easement in the real property or interest in real property acquired with the
funds to the Department in a form that is acceptable to the Department. The
Department may convey real property or an interest in real property that has
been acquired under the Wetlands RestorationEcosystem Enhancement
Program to a federal or State agency, a local government, or a private,
nonprofit conservation organization to acquire, manage, and maintain real
property or an interest in real property for the purposes set out in subsection
(a) of this section. A grantee of real property or an interest in real property
under this subsection shall grant a conservation easement in the real property
or interest in real property to the Department in a form that is acceptable to
the Department.
(b) Authorized Methods of
Payment. - A person subject to a permit or authorization issued by the United
States Army Corps of Engineers under 33 U.S.C. § 1344, 1344 may
contribute to the Wetlands RestorationEcosystem Enhancement Program,
Program in order to comply with conditions to, or terms of, the
permit or authorization, authorization if participation in the Wetlands
RestorationEcosystem Enhancement Program will meet the mitigation
requirements of the United States Army Corps of Engineers. The Department
shall, at the discretion of the applicant, accept payment into the Wetlands Ecosystem
Restoration Fund in lieu of other compensatory mitigation requirements of
any authorizations issued by the United States Army Corps of Engineers under 33
U.S.C. § 1344 if the contributions will meet the mitigation requirements of the
United States Army Corps of Engineers. Payment may be made in the form of
monetary contributions according to a fee schedule established by the
Environmental Management Commission or in the form of donations of real
property provided that the property is approved by the Department as a suitable
site consistent with the basinwide wetlands restoration plan.
(c) Accounting of Payments. - The Department shall provide an itemized statement that accounts for each payment into the Fund. The statement shall include the expenses and activities financed by the payment."
SECTION 3.6. G.S. 143-214.13 reads as rewritten:
"§ 143-214.13.
Wetlands RestorationEcosystem Enhancement Program: reporting
requirement.
(a) The Department of
Environment and Natural Resources shall report each year by November 1 to the
Environmental Review Commission regarding its progress in implementing the Wetlands
RestorationEcosystem Enhancement Program and its use of the funds in
the Wetlands Ecosystem Restoration Fund. The report shall
document statewide wetlands losses and gains and compensatory mitigation
performed under G.S. 143-214.8 through G.S. 143-214.12. The report
shall also provide an accounting of receipts and disbursements of the Wetlands
Ecosystem Restoration Fund, an analysis of the per-acre cost of
wetlands restoration, and a cost comparison on a per-acre basis between the
State's Wetlands RestorationEcosystem Enhancement Program and
private mitigation banks. The Department shall also send a copy of its report
to the Fiscal Research Division of the General Assembly.
(b) The Department shall
maintain an inventory of all property that is held, managed, maintained, enhanced,
restored, or used to create wetlands under the Wetlands RestorationEcosystem
Enhancement Program. The inventory shall also list all conservation
easements held by the Department. The inventory shall be included in the annual
report required under subsection (a) of this section."
SECTION 3.7. G.S. 143-214.14(c) reads as rewritten:
"(c) Legislative Goals and
Policies. - It is the goal of the General Assembly that, to the extent
practicable, the State shall adopt water quality protection plans that are
developed and implemented in cooperation and coordination with local
governments and that the State shall adopt water quality protection
requirements that are proportional to the relative contributions of pollution
from all sources in terms of both the loading and proximity of those sources.
Furthermore, it is the goal of the General Assembly to encourage and support
State-local partnerships for improved water quality protection through the
provision of technical and financial assistance available through the Clean
Water Management Trust Fund, the Wetlands Ecosystem Enhancement
Program, the Ecosystem Restoration Fund, water quality planning and project
grant programs, the State's revolving loan and grant programs for water and
wastewater facilities, other funding sources, and future appropriations. The
Commission shall implement these goals in accordance with the standards,
procedures, and requirements set out in this section."
PArt iv. Amend Inspection schedule for food service establishments.
SECTION 4.1. G.S. 130A-249 reads as rewritten:
"§ 130A-249. Inspections; report and grade card.
The Secretary may enter any establishment that is subject to
the provisions of G.S. 130A-248 for the purpose of making inspections. The
Secretary shall inspect each restaurant at least quarterly, except that the
quarterly inspection requirement shall not apply to temporary food
establishments.food service establishment at a frequency established by
the Commission. In establishing a schedule for inspections, the Commission
shall consider the risks to the population served by the establishment and the
type of food or drink served by the establishment. The person responsible
for the management or control of an establishment shall permit the Secretary to
inspect every part of the establishment and shall render all aid and assistance
necessary for the inspection. The Secretary shall leave a copy of the
inspection form and a card or cards showing the grade of the establishment with
the responsible person. The Secretary shall post the grade card in a
conspicuous place as determined by the Secretary where it may be readily
observed by the public upon entering the establishment or upon picking up food
prepared inside but received and paid for outside the establishment through
delivery windows or other delivery devices. If a single establishment has one
or more outside delivery service stations and an internal delivery system, that
establishment shall have a grade card posted where it may be readily visible
upon entering the establishment and one posted where it may be readily visible
in each delivery window or delivery device upon picking up the food outside the
establishment. The grade card or cards shall not be removed by anyone, except
by or upon the instruction of the Secretary."
SECTION 4.2. The Commission for Health Services shall adopt rules to implement the provisions of Section 4.1 of this act so that the rules become effective on or before 1 January 2007.
Part v. AUTHORIZE THE USE OF FUNDS FROM THE SPECIAL ZOO FUND FOR MARKETING PURPOSES.
SECTION 5. G.S. 143B-336.1 reads as rewritten:
"§ 143B-336.1. Special Zoo Fund.
A special continuing and nonreverting fund, to be called the
Special Zoo Fund, is created. The North Carolina Zoological Park shall retain
unbudgeted receipts at the end of each fiscal year, beginning June 30, 1989,
and deposit these receipts into this Fund. This Fund shall be used for
maintenance, repairs, and renovations of exhibits in existing habitat clusters
and visitor services facilities, construction of visitor services facilities
and support facilities such as greenhouses and temporary animal holding areas, and
for the replacement of tram equipment as required to maintain adequate
service to the public.public, and for marketing the Zoological Park.
The Special Zoo Fund may also be used to match private funds which that
are raised for these purposes. Funds may be expended for these purposes by
the Department of Environment and Natural Resources on the advice of the North
Carolina Zoological Park Council and with the approval of the Office of State
Budget and Management. The Department of Environment and Natural Resources
shall provide an annual report to the Office of State Budget and Management and
to the Fiscal Research Division of the Legislative Services Office on the use
of fees collected pursuant to this section."
part vi. PROVIDE THAT MEMBERS OF THE JOINT LEGISLATIVE COMMISSION ON SEAFOOD AND AQUACULTURE WHO ARE NOT REELECTED TO THE GENERAL ASSEMBLY MAY COMPLETE THEIR TERM OF SERVICE ON THE COMMISSION.
SECTION 6. G.S. 120-70.61 reads as rewritten:
"§ 120-70.61.
Membership; cochairmen;cochairs; vacancies; quorum.
(a) The Joint Legislative Commission on Seafood and Aquaculture shall consist of 15 members: four Senators appointed by the President Pro Tempore of the Senate; four Representatives appointed by the Speaker of the House of Representatives; four members appointed by the Governor; and three members appointed by the Commissioner of Agriculture. The members shall serve at the pleasure of their appointing officer.
(b) The President
Pro Tempore of the Senate shall designate one Senator to serve as cochairman
cochair, and the Speaker of the House of Representatives shall
designate one Representative to serve as cochairman.cochair.
(c) Except as
otherwise provided in this section, a member of the Commission shall continue
to serve for so long as the member remains a member of the General Assembly and
no successor has been appointed. A member of the General Assembly who does not
seek reelection or is not reelected to the General Assembly may complete a term
of service on the Commission until the day on which a new General Assembly
convenes. A member of the Commission who resigns or is removed from service in
the General Assembly shall be deemed to have resigned or been removed from
office on the Commission. Any vacancy that occurs Vacancies
occurring on the Commission shall be filled in the same manner as initial
appointments.the original appointment.
(d) A quorum of the Commission shall consist of eight members."
part vii. amendments to sedimentation pollution control act of 1973.
SECTION 7.1. G.S. 113A-54.1(a) reads as rewritten:
"§ 113A-54.1. Approval of erosion control plans.
(a) A draft erosion and sedimentation control plan must contain the applicant's address and, if the applicant is not a resident of North Carolina, designate a North Carolina agent for the purpose of receiving notice from the Commission or the Secretary of compliance or noncompliance with the plan, this Article, or any rules adopted pursuant to this Article. If the applicant is not the owner of the land to be disturbed, the draft erosion and sedimentation control plan must include the owner's written consent for the applicant to submit a draft erosion and sedimentation control plan and to conduct the anticipated land-disturbing activity. The Commission shall approve, approve with modifications, or disapprove a draft erosion and sedimentation control plan for those land-disturbing activities for which prior plan approval is required within 30 days of receipt. The Commission shall condition approval of a draft erosion and sedimentation control plan upon the applicant's compliance with federal and State water quality laws, regulations, and rules. Failure to approve, approve with modifications, or disapprove a completed draft erosion and sedimentation control plan within 30 days of receipt shall be deemed approval of the plan. If the Commission disapproves a draft erosion and sedimentation control plan or a revised erosion and sedimentation control plan, it must state in writing the specific reasons that the plan was disapproved. Failure to approve, approve with modifications, or disapprove a revised erosion and sedimentation control plan within 15 days of receipt shall be deemed approval of the plan. The Commission may establish an expiration date for erosion and sedimentation control plans approved under this Article.
(b) If, following commencement of a land-disturbing activity pursuant to an approved erosion and sedimentation control plan, the Commission determines that the plan is inadequate to meet the requirements of this Article, the Commission may require any revision of the plan that is necessary to comply with this Article. Failure to approve, approve with modifications, or disapprove a revised erosion and sedimentation control plan within 15 days of receipt shall be deemed approval of the plan.
(c) The Commission shall disapprove an erosion and sedimentation control plan if implementation of the plan would result in a violation of rules adopted by the Environmental Management Commission to protect riparian buffers along surface waters. The Director of the Division of Land Resources may disapprove an erosion and sedimentation control plan upon finding that an applicant or a parent, subsidiary, or other affiliate of the applicant:
(1) Is conducting or has conducted land-disturbing activity without an approved plan, or has received notice of violation of a plan previously approved by the Commission or a local government pursuant to this Article and has not complied with the notice within the time specified in the notice;
(2) Has failed to pay a civil penalty assessed pursuant to this Article or a local ordinance adopted pursuant to this Article by the time the payment is due;
(3) Has been convicted of a misdemeanor pursuant to G.S. 113A-64(b) or any criminal provision of a local ordinance adopted pursuant to this Article; or
(4) Has failed to substantially comply with State rules or local ordinances and regulations adopted pursuant to this Article.
(d) In the event that an erosion and sedimentation control plan is disapproved by the Director pursuant to subsection (c) of this section, the Director shall state in writing the specific reasons that the plan was disapproved. The applicant may appeal the Director's disapproval of the plan to the Commission. For purposes of this subsection and subsection (c) of this section, an applicant's record may be considered for only the two years prior to the application date."
SECTION 7.2. G.S. 113A-57 reads as rewritten:
"§ 113A-57. Mandatory standards for land-disturbing activity.
No land-disturbing activity subject to this Article shall be undertaken except in accordance with the following mandatory requirements:
(1) No land-disturbing activity during periods of construction or improvement to land shall be permitted in proximity to a lake or natural watercourse unless a buffer zone is provided along the margin of the watercourse of sufficient width to confine visible siltation within the twenty-five percent (25%) of the buffer zone nearest the land-disturbing activity. Waters that have been classified as trout waters by the Environmental Management Commission shall have an undisturbed buffer zone 25 feet wide or of sufficient width to confine visible siltation within the twenty-five percent (25%) of the buffer zone nearest the land-disturbing activity, whichever is greater. Provided, however, that the Sedimentation Control Commission may approve plans which include land-disturbing activity along trout waters when the duration of said disturbance would be temporary and the extent of said disturbance would be minimal. This subdivision shall not apply to a land-disturbing activity in connection with the construction of facilities to be located on, over, or under a lake or natural watercourse.
(2) The angle for graded
slopes and fills shall be no greater than the angle which that can
be retained by vegetative cover or other adequate erosion-control devices or
structures. In any event, slopes left exposed will, within 15 working days or
30 calendar days of completion of any phase of grading, whichever period is
shorter, be planted or otherwise provided with ground cover, devices, or
structures sufficient to restrain erosion.
(3) Whenever land-disturbing
activity that will disturb more than one acre is undertaken on a tract
tract, comprising more than one acre, if more than one acre is uncovered,
the person conducting the land-disturbing activity shall install erosion
and sedimentation control devices and practices that are sufficient to retain
the sediment generated by the land-disturbing activity within the boundaries of
the tract during construction upon and development of the tract, and shall
plant or otherwise provide a permanent ground cover sufficient to restrain
erosion after completion of construction or development within a time period to
be specified by rule of the Commission.
(4) No person shall
initiate any land-disturbing activity that will disturb more than one acre on
a tract if more than one acre is to be uncovered unless, 30 or more days
prior to initiating the activity, an erosion and sedimentation control plan for
such the activity is filed with the agency having jurisdiction.jurisdiction
and approved by the agency. An erosion and sedimentation control plan may be
filed less than 30 days prior to initiation of a land-disturbing activity if
the plan is submitted under an approved express permit program, and the land-disturbing
activity may be initiated and conducted in accordance with the plan once the
plan has been approved. The agency having jurisdiction shall forward to the
Director of the Division of Water Quality a copy of each erosion and
sedimentation control plan for a land-disturbing activity that involves the
utilization of ditches for the purpose of de-watering or lowering the water
table of the tract."
SECTION 7.3. G.S. 113A-65.1(h) reads as rewritten:
"(h) The Attorney General shall file a cause of action to abate the violations which resulted in the issuance of a stop-work order within two business days of the service of the stop-work order. The cause of action shall include a motion for an ex parte temporary restraining order to abate the violation and to effect necessary remedial measures. The resident superior court judge, or any judge assigned to hear the motion for the temporary restraining order, shall hear and determine the motion within two days of the filing of the complaint. The clerk of superior court shall accept complaints filed pursuant to this section without the payment of filing fees. Filing fees shall be paid to the clerk of superior court within 30 days of the filing of the complaint."
PArt viii. rename air quality compliance advisory panel.
SECTION 8.1. G.S. 143-215.3A(b) reads as rewritten:
"(b) The Title V Account
is established as a nonreverting account within the Department. Revenue in the
Account shall be used for developing and implementing a permit program that
meets the requirements of Title V. The Title V Account shall consist of fees
collected pursuant to G.S. 143-215.3(a)(1d) and G.S. 143-215.106A.
Fees collected under G.S. 143-215.3(a)(1d) shall be used only to cover the
direct and indirect costs required to develop and administer the Title V permit
program, and fees collected under G.S. 143-215.106A shall be used only for
the eligible expenses of the Title V program. Expenses of the Air Quality
ComplianceSmall Business Environmental Advisory Panel, the ombudsman
for the Small Business Stationary Source Technical and Environmental Compliance
Assistance Program, support staff, equipment, legal services provided by the
Attorney General, and contracts with consultants and program expenses listed in
section 502(b)(3)(A) of Title V shall be included among Title V program
expenses."
SECTION 8.2. Part 15 of Article 7 of Chapter 143B of the General Statutes reads as rewritten:
"Part 15. Air Quality Control.Small Business
Environmental Advisory Panel.
"§ 143B-317.
Air Quality ComplianceSmall Business Environmental Advisory Panel
- creation; powers and duties.
There is hereby created the Air Quality ComplianceSmall
Business Environmental Advisory Panel of the Department of Environment and
Natural Resources. The Air Quality ComplianceSmall Business
Environmental Advisory Panel shall have the following functions and duties:
(1) To render advisory opinions concerning the effectiveness of the small business stationary source technical and environmental compliance assistance program, difficulties encountered, and degree and severity of enforcement.
(2) To make periodic reports to the Administrator of the United States Environmental Protection Agency concerning the compliance of the State Small Business Stationary Source Technical and Environmental Compliance Assistance Program with the requirements of the Paperwork Reduction Act, 44 U.S.C. §§ 3501 et. seq.; the Regulatory Flexibility Act, 5 U.S.C. §§ 601 et seq.; and the Equal Access to Justice Act, 5 U.S.C. §§ 504 et seq.
(3) To review information for small business stationary sources to assure such information is understandable by the layperson.
"§ 143B-318.
Air Quality ComplianceSmall Business Environmental Advisory Panel
- members; chairman;chair; selection; removal; compensation;
quorum; services.
(a) The Air Quality
ComplianceSmall Business Environmental Advisory Panel of the
Department of Environment and Natural Resources shall consist of two
members who are not owners or representatives of owners of small business
stationary sources, appointed by the Governor to represent the general public;
two members appointed one each by the Speaker and the minority leader of the
House of Representatives, and who are owners, or who represent owners, of small
business stationary sources; two members appointed one each by the President
Pro Tempore and the minority leader of the Senate, who are owners, or who
represent owners, of small business stationary sources; and one member
appointed by the Secretary of Environment and Natural Resources.
(b) The Governor shall
designate one member of the Panel to serve as chairman chair at his
pleasure.the pleasure of the Governor.
(c) Members shall serve staggered terms of four years. In order to achieve staggered terms, the Speaker and the minority leader of the House of Representatives shall initially appoint members for terms of two years, the President Pro Tempore and the minority leader of the Senate shall initially appoint members for terms of three years. At the end of the respective terms of office of the initial members, their successors shall be appointed for terms of four years and until their successors are appointed and qualify. Any appointment to fill a vacancy on the Panel created by the resignation, dismissal, death or disability of a member shall be for the balance of the unexpired term.
(d) The Governor shall have the power to remove any member of the Panel from office for misfeasance, malfeasance or nonfeasance in accordance with the provisions of G.S. 143B-16.
(e) The members of the Panel shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.
(f) A majority of the Panel shall constitute a quorum for the transaction of their business.
(g) The Secretary of Environment and Natural Resources shall designate an office within the Department of Environment and Natural Resources to serve as ombudsman for the Small Business Stationary Source Technical and Environmental Compliance Assistance Program established by the Department pursuant to section 507 of Title V of the 1990 amendments to the federal Clean Air Act (Pub. L. 101-549, 104 Stat. 2645, 42 U.S.C. § 7661f(a)(3)). The Small Business Stationary Source Technical and Environmental Compliance Assistance Program shall serve as the secretariat for the development and dissemination of reports and advisory opinions issued by the Panel. The Panel and the ombudsman shall exercise their powers consistent with G.S. 143B-14(b).
(h) All clerical and other services required by the Panel shall be supplied by the Secretary of Environment and Natural Resources.
"§ 143B-319.
Air Quality ComplianceSmall Business Environmental Advisory Panel
- meetings.
The Panel shall meet at least semiannually and may hold
special meetings at any time and place at the call of the chairman chair
or upon the written request of at least three members."
PART IX. Amend well contractor certification requirements and uses of funds in the well construction fund.
SECTION 9. G.S. 87-98.4 reads as rewritten:
"§ 87-98.4. Well contractor
certification required; applicability.exemptions.
(a) Certification Required.
- No well contractorperson shall perform or offer to performperform,
manage, or supervise any well contractor activity without being certified
under this Article. A person who is not a certified well contractor or who
is not employed by a certified well contractor shall not offer to perform any
well contractor activity unless the person utilizes a certified well contractor
to perform the well contractor activity and, prior to the performance of the
well contractor activity, the person discloses to the landowner in writing the
name of the certified well contractor who will perform the well contractor
activity, the certification number of the well contractor, and the name of the
company that employs the certified well contractor. The Commission may
specify the types of general construction activities or geophysical activities
that are not directly related to locating, testing, or withdrawing groundwater;
evaluating, testing, developing, draining, or recharging any groundwater
reservoir or aquifer; or controlling, diverting, or otherwise causing the
movement of water from or into any aquifer and are therefore not well
construction activities.
(b) Applicability.Exempt
persons and activities. - This Article does not apply to a person who
meets any of the following descriptions:any of the following persons or
activities:
(1) Is A person
who is employed by, or performs labor or services for, a certified well
contractor in connection with well contractor activity performed under the
personal supervision of the certified well contractor.
(2) Constructs, A
person who constructs, repairs, or abandons a well that is located on land
owned or leased by that person.
(3) A person who is employed by a government agency and who performs well contractor activity solely within the scope of the person's government employment.
(4) A person who is licensed as a professional engineer under Chapter 89C of the General Statutes, a geologist under Chapter 89E of the General Statutes, or a soil scientist under Chapter 89F of the General Statutes who uses a hand auger to collect soil or water samples or to measure water levels. This exemption does not include the construction of a monitoring well.
(5) Construction, repair, or abandonment of a well used for a temporary dewatering activity that is associated with, and necessary to complete construction of, a utility distribution or collection system, a building or other structure, or a transportation system, if all of the following conditions are met:
a. The dewatering well is constructed solely for the purpose of removing water from or lowering the water table in the immediate area of the construction activity.
b. The dewatering well is located within 25 feet of the excavation and is not greater than 25 feet deeper than the excavation.
c. The dewatering well is abandoned in accordance with rules governing the abandonment of wells adopted by the Environmental Management Commission pursuant to G.S. 87-87 within 30 days of installation of the well or within 10 days of completion of the project, whichever is later.
(6) Construction, repair, or abandonment of a well used for a temporary dewatering activity that is associated with the construction of a borrow pit if the dewatering activity is located within 15 feet of the proposed perimeter of the borrow pit.
(7) Exploratory drilling for mining-related investigations.
(8) Installation of a water level observation well on property for which a mining permit has been issued under the Mining Act of 1971, Article 7 of Chapter 74 of the General Statutes.
(9) Drilling of a blast hole.
(10) Installation of a cathodic protection anode.
(11) Installation of a wetland monitoring gauge at a depth of eight feet or less for the purpose of monitoring fluctuations in the water table.
(12) Installation of a caisson, piling, or structural pier.
(c) Additional Exemptions. - In addition to the exemptions set out in subsection (b) of this section, the Commission may exempt by rule a geophysical activity, construction activity, or other well contractor activity from the requirements of this Article if the Commission finds that the activity has a negligible impact on the environment; public health, safety, and welfare; and the groundwater resources of the State."
PArt x. effective date.
SECTION 10. Section 2.1 of this act becomes effective 1 December 2005. Section 4.1 of this act becomes effective 1 January 2007. Part VII of this act becomes effective 1 January 2006. The remaining sections of this act become effective when this act becomes law.
In the General Assembly read three times and ratified this the 23rd day of August, 2005.
s/ Beverly E. Perdue
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 3:25 p.m. this 13th day of September, 2005