Bill Text: NC H1806 | 2010 | Regular Session | Amended
Bill Title: Establish NC Commission on Climate Change
Spectrum: Partisan Bill (Democrat 17-0)
Status: (Introduced - Dead) 2010-05-19 - Ref to the Com on Environment and Natural Resources, if favorable, Rules, Calendar, and Operations of the House [H1806 Detail]
Download: North_Carolina-2010-H1806-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
H 1
HOUSE BILL 1806*
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Short Title: Establish NC Commission on Climate Change. |
(Public) |
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Sponsors: |
Representatives Harrison, Underhill, Wilkins, Bryant (Primary Sponsors); K. Alexander, M. Alexander, Faison, Fisher, Gill, Glazier, Goforth, Hughes, Insko, Jeffus, Luebke, McLawhorn, and Whilden. |
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Referred to: |
Environment and Natural Resources, if favorable, Rules, Calendar, and Operations of the House. |
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May 19, 2010
A BILL TO BE ENTITLED
AN ACT to establish the north carolina commission on climate change and to establish the advisory council to the north carolina commission on climate change, as recommended by the legislative commission on global climate change.
The General Assembly of North Carolina enacts:
SECTION 1. Chapter 120 of the General Statutes is amended by adding a new Article to read:
"Article 12Q.
"North Carolina Commission on Climate Change.
"§ 120‑70.150. Commission established.
The North Carolina Commission on Climate Change is established.
"§ 120‑70.151. Membership; cochairs; meetings; vacancies; quorum.
(a) The North Carolina Commission on Climate Change shall consist of 15 members as follows:
(1) Five Senators appointed by the President Pro Tempore of the Senate.
(2) Five Representatives appointed by the Speaker of the House of Representatives.
(3) Five members from the executive branch to be appointed by the Governor.
(b) Members of the Commission shall serve at the pleasure of their appointing officers.
(c) The President Pro Tempore of the Senate shall designate one Senator to serve as Cochair, and the Speaker of the House of Representatives shall designate one Representative to serve as Cochair.
(d) Except as otherwise provided in this subsection, a legislative 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 legislative member of the Commission 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 legislative 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 service on the Commission. Appointed members shall serve at the pleasure of their appointing officer. Any vacancy that occurs on the Commission shall be filled in the same manner as the original appointment.
(e) A quorum of the Commission shall consist of eight members.
"§ 120‑70.152. Powers and duties.
(a) The North Carolina Commission on Climate Change shall have the following powers and duties:
(1) To study issues related to global climate change. This study may include consideration of any of the following:
a. Actions taken by the federal government, other states, and other nations regarding global climate change.
b. Economic opportunities that may arise from international, national, and state actions to address global climate change and the emerging carbon market.
c. Existing and potential impacts of global climate change on the citizens, natural resources, ecosystems, and economy of the State, including public health, the environment, agriculture, travel and tourism, recreation, coastal real estate, insurance, and other sectors of the economy.
d. Costs associated with actions taken by the State to address global climate change, including costs to individuals, households, local governments, businesses, educational institutions, agricultural operations, the State, and other institutions and sectors of the economy.
e. Benefits associated with actions taken by the State, the federal government, other states, and other nations to address global climate change, including benefits to individuals, households, local governments, businesses, educational institutions, agricultural operations, the State, and other institutions and sectors of the economy.
(2) To review changes in federal law related to global climate change.
(3) To review changes in technology related to global climate change.
(4) To review existing and potential State law related to global climate change and to determine whether modifications to State law related to global climate change are in the public interest.
(5) To undertake any additional studies related to global climate change as determined by the Cochairs, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, or the Governor.
(6) To make reports and recommendations, including legislative proposals, to the General Assembly and the Governor from time to time as to any matter related to global climate change.
(b) The Commission may seek the assistance of the Advisory Council to the North Carolina Commission on Climate Change established by G.S. 120‑70.157.
(c) The Commission may work cooperatively with other global climate change entities and State agencies with respect to their areas of responsibility regarding greenhouse gas emissions and global climate change.
"§ 120‑70.153. Additional powers.
(a) The North Carolina Commission on Climate Change, while in the discharge of its official duties, may exercise all the powers 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 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.
(b) Notwithstanding any rule or resolution to the contrary, proposed legislation to implement any recommendation of the Commission regarding any study the Commission is authorized to undertake or any report authorized or required to be made by or to the Commission may be introduced and considered during any session of the General Assembly.
(c) The Commission may contract for consultants or hire employees in accordance with G.S. 120‑32.02.
"§ 120‑70.154. Compensation and expenses of members.
Members of the North Carolina Commission on Climate Change shall receive subsistence and travel expenses at the rates set forth in G.S. 120‑3.1.
"§ 120‑70.155. Staffing.
The Legislative Services Officer shall assign as staff to the North Carolina Commission on Climate Change professional employees of the General Assembly, as approved by the Legislative Services Commission. Clerical staff shall be assigned to the Commission through the offices of the Directors of the Legislative Assistants of the Senate and House of Representatives. The expenses of employment of clerical staff shall be borne by the Commission.
"§ 120‑70.156. Funding.
From funds available to the General Assembly, the Legislative Services Commission shall allocate monies to fund the work of the North Carolina Commission on Climate Change.
"§ 120‑70.157. Advisory Council established.
The Advisory Council of the North Carolina Commission on Climate Change is established.
"§ 120‑70.158. Powers and duties.
(a) The purpose of the Advisory Council of the North Carolina Commission on Climate Change shall be to assist the Commission on Climate Change on matters requested by the Commission as the Commission fulfills its duties under G.S. 120‑70.152 and G.S. 120‑70.153.
(b) The authority granted to the Advisory Council shall be advisory in nature and in no way shall the Advisory Council be construed to have any regulatory authority.
"§ 120‑70.159. Membership; meetings; vacancies; quorum.
(a) The Advisory Council of the North Carolina Commission on Climate Change shall consist of 24 members as follows:
(1) The President of Duke Power or the President's designee.
(2) The President of Progress Energy or the President's designee.
(3) The President of the North Carolina Chamber or the President's designee.
(4) The President of the Manufacturers and Chemical Industry Council of North Carolina or the President's designee.
(5) The President of the North Carolina Farm Bureau Federation or the President's designee.
(6) The President of the North Carolina Forestry Association or the President's designee.
(7) The Southeast Director of Climate and Air Policy of Environmental Defense or the Southeast Regional Director's designee.
(8) The Executive Director of the Southern Alliance for Clean Energy or the Executive Director's designee.
(9) The Executive Director of the North Carolina Coastal Federation or the Executive Director's designee.
(10) The Executive Director of the North Carolina Conservation Council or the Executive Director's designee.
(11) The Director of the Nicholas Institute for Environmental Policy Solutions at Duke University or the Director's designee.
(12) The Dean of the College of Agriculture and Life Sciences at North Carolina State University or the Dean's designee.
(13) The Dean of the School of Agriculture and Environmental Sciences at North Carolina Agricultural and Technical State University or the Dean's designee.
(14) The Director of the Institute for the Environment at the University of North Carolina at Chapel Hill or the Director's designee.
(15) The Distinguished Research Professor (with expertise in sea level change) in the Department of Geology at East Carolina University.
(16) The North Carolina State Climatologist.
(17) The Executive Director of the North Carolina Sustainable Energy Association or the Executive Director's designee.
(18) The Dean of the School of Public Health at the University of North Carolina at Chapel Hill or the Dean's designee.
(19) A scientific expert on the subject of biodiversity appointed by the Speaker of the House of Representatives, who shall serve at the pleasure of the appointing officer.
(20) A member of the Building Code Council or other expert on the subject of building codes, appointed by the President Pro Tempore of the Senate, who shall serve at the pleasure of the appointing officer.
(21) Two designees appointed by the President Pro Tempore of the Senate, who shall serve at the pleasure of their appointing officer.
(22) Two designees appointed by the Speaker of the House of Representatives, who shall serve at the pleasure of their appointing officer.
(b) The members of the Advisory Council shall elect a Chair, Vice‑Chair, and any other officers they consider necessary. The term of office for any elected member shall not exceed one year.
(c) Any vacancy on the Advisory Council shall be filled by the original appointing authority.
(d) Any member of the Advisory Council may hold concurrently any other elected or appointed office, as authorized by G.S. 128‑1.1 and Article VI, Section 9, of the Constitution of North Carolina. The authorization provided by this subsection shall not apply to members of the North Carolina Commission on Climate Change.
(e) The Advisory Council shall meet upon the call of the Chair. A majority of the Council shall constitute a quorum for the transaction of business.
"§ 120‑70.160. Expenses of members.
Members of the Advisory Council of the North Carolina Commission on Climate Change shall receive per diem, subsistence, and travel allowances in accordance with G.S. 120‑3.1, 138‑5, or 138‑6, as appropriate."
SECTION 2. This act is effective when it becomes law.
