Bill Text: NC H1801 | 2010 | Regular Session | Amended
Bill Title: Environmental Technical Corrections 2010
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Engrossed - Dead) 2010-06-28 - Ref To Com On Rules and Operations of the Senate [H1801 Detail]
Download: North_Carolina-2010-H1801-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
H 2
HOUSE BILL 1801*
Committee Substitute Favorable 6/1/10
Short Title: Environmental Technical Corrections 2010. |
(Public) |
|
Sponsors: |
|
|
Referred to: |
|
|
May 19, 2010
A BILL TO BE ENTITLED
AN ACT To make clarifying, conforming, and technical amendments to various laws related to the environment, ENERGY, AND NATURAL RESOURCES, as recommended by the environmental review commission.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 114‑4.2D reads as rewritten:
"§ 114‑4.2D.
Employment of attorney for Energy Policy Council and Energy Efficiency Program
of the Department of Administration Commerce.
The Attorney General shall assign an attorney on his staff
to work full time with the Energy Policy Council and Energy Efficiency
Program of the Department of Administration Commerce. Such
attorney shall be subject to all provisions of Chapter 126 of the General
Statutes relating to the State Personnel System. Such attorney shall also
perform such additional duties as may be assigned to him by the Attorney
General."
SECTION 2. The title of Article 19 of Chapter 120 of the General Statutes reads as rewritten:
"Article 19.
Commission on Agriculture and Forestry Awareness
Study Commission."
SECTION 3. G.S. 120‑150 reads as rewritten:
"§ 120‑150. Creation; appointment of members.
There is created an Agriculture and Forestry Awareness Study Commission. Members of the Commission shall be citizens of North Carolina who are interested in the vitality of the agriculture and forestry sectors of the State's economy. Members shall be as follows:
(1) Three appointed by the Governor;Governor.
(2) Three appointed by the President Pro Tempore of the
Senate;Senate.
(3) Three appointed by the Speaker of the House;House.
(4) The chairmanchairs of the House
Agriculture Committee;Committee.
(5) The chairmanchairs of the Senate Agriculture
Committee;Committee on Agriculture, Environment, and Natural Resources.
(6) The Commissioner of Agriculture or the Commissioner's
designee;designee.
(7) A member of the Board of Agriculture designated by
the chairmanchair of the Board of Agriculture;Agriculture.
(8) The President of the North Carolina Farm Bureau
Federation, Inc., or the President's designee;designee.
(9) The Master President of the North Carolina State Grange or the Master's President's designee;designee.
(10) The Secretary of Environment and Natural Resources
or the Secretary's designee; anddesignee.
(11) The President of the North Carolina Forestry Association, Inc., or the President's designee.
Members shall be appointed for two‑year terms beginning
October 1 of each odd‑numbered year. The Chairs of the House
Agriculture Committee and the Chairs of the Senate Committee on Agriculture,
Environment, and Natural Resources shall serve as cochairs.The
cochairmen of the Commission shall be the chairmen of the Senate and House
Agriculture Committees respectively."
SECTION 4. G.S. 130A‑309.10(l) reads as rewritten:
"(l) Oyster shells that are delivered to a
landfill shall be stored at the landfill for at least 90 days or until they are
removed for recycling. If oyster shells that are stored at a landfill are not
removed for recycling within 90 days of delivery to the landfill, then,
notwithstanding subdivision (12)(13) of subsection (f) of this
section, the oyster shells may be disposed of in the landfill."
SECTION 5. G.S. 130A‑309.12(b) reads as rewritten:
"(b) The Solid Waste Management Trust Fund shall consist of the following:
(1) Funds appropriated by the General Assembly.
(2) Contributions and grants from public or private sources.
(3) Five percent (5%)Eight percent (8%)
of the proceeds of the scrap tire disposal tax imposed under Article 5B of
Chapter 105 of the General Statutes.
(4) Eight percent (8%) of the proceeds of the white goods disposal tax imposed under Article 5C of Chapter 105 of the General Statutes.
(5) Twelve and one‑half percent (12.5%) of the proceeds of the solid waste disposal tax imposed under Article 5G of Chapter 105 of the General Statutes."
SECTION 6. G.S. 130A‑310.11(b) reads as rewritten:
"(b) Funds credited to the Inactive Hazardous Sites
Cleanup Fund pursuant to G.S. 130A‑295.9 shall be used only as
provided in G.S. 130A‑295.9(1) and G.S. 130A‑310.5(c).G.S. 130A‑310.6(c)."
SECTION 7. G.S. 143‑355.4(b) reads as rewritten:
"(b) To be eligible for State water infrastructure
funds from the Drinking Water State Revolving Fund or the Drinking Water
Reserve Fund or any other grant or loan of funds allocated by the General
Assembly whether the allocation of funds is to a State agency or to a nonprofit
organization for the purpose of extending waterlines or expanding water
treatment capacity, a local government or large community water system must
demonstrate that the system:
.…"
SECTION 8. G.S. 153B‑2 reads as rewritten:
"§ 153B‑2. Definitions.
The following definitions apply in this Article:Chapter:
(1) Commission. – The Mountain Resources Commission created by this Chapter.
(2) Council. – The Mountain Area Resources Technical Advisory Council.
(3) Important mountain resources. – The natural and cultural resources of the mountain region of Western North Carolina, including, but not limited to, State and federal public lands, wildlife habitat, farms, forestland and rural landscapes, mountain vistas, mountain streams and rivers, mountain lakes, and historical and archeological resources.
(4) Mountain region of Western North Carolina. – The area encompassed by the counties of Alexander, Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell, Cherokee, Clay, Cleveland, Graham, Haywood, Henderson, Jackson, McDowell, Macon, Madison, Mitchell, Polk, Rutherford, Surry, Swain, Transylvania, Watauga, Wilkes, Yadkin, and Yancey in the State.
(5) Secretary. – The Secretary of the Department of Environment
and Natural Resources."
SECTION 9. G.S. 153B‑3(d) reads as rewritten:
"(d) Membership. – The Commission shall consist of 17 members as follows:
...
(d1) Officers; Terms. – The members of the Commission shall elect a chair, vice‑chair, and any other officers they consider necessary and shall determine the length of the term of office, not to exceed two years, of each officer. A majority of the Commission shall constitute a quorum. Each member appointed to the Commission shall be appointed to serve a four‑year term. Any vacancy on the Commission shall be filled by the original appointing authority for the remainder of the unexpired term. Initial terms commence September 1, 2009."
SECTION 10. G.S. 153B‑4 reads as rewritten:
"§ 153B‑4. Mountain Area Resources Technical Advisory Council.
...
(d) Members; Multiple Offices. – Membership on the Mountain
Area Resources Technical Advisory Council is hereby declared to be an
office that may be held concurrently with other elective or appointive offices
(except the office of Commission member) in addition to the maximum number of
offices permitted to be held by one person under G.S. 128‑1.1.
(e) Chairman Chair and Vice ChairmanChair.
– A chairmanchair and vice chairman chair shall be
elected annually by the Council.
(f) Compensation. – The members of the Advisory Council
who are not State employees may receive per diem and necessary travel and
subsistence expenses in accordance with the provisions of G.S. 138‑5.
All expenses shall be paid from funds available to the Commission through the
Mountain Area Resources Fund, but no expenses shall be paid if the Mountain
Area Resources Fund lacks the necessary funds."
SECTION 11. Section 3(d) of S.L. 2005‑190 reads as rewritten:
"SECTION 3.(d) Eligibility under the Clean Water
Revolving Loan and Grant Act. – The definitions set out in G.S. 159G‑3
apply to this subsection. The operator of a wastewater treatment works that is
owned by an agency of the State may apply for a loan or grant under Chapter 159G
of the General StatutesG.S. 159G‑20 on the same basis as
any other applicant if the operator is a local government unit and if the local
government unit operates the wastewater treatment works pursuant to a contract
with the State agency that contemplates that the local government unit will
eventually acquire ownership of the wastewater treatment works."
SECTION 12. This act is effective when it becomes law.