GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
H 1
HOUSE BILL 1801*
Short Title: Environmental Technical Corrections 2010. |
(Public) |
|
Sponsors: |
Representatives Harrison, Gibson, Tarleton, Underhill (Primary Sponsors); Dockham and Gill. |
|
Referred to: |
Environment and Natural Resources, if favorable, State Government/State Personnel. |
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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 catch line 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 chairman
chair of the House Agriculture Committee;Committee.
(5) The chairman
chair 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 chairman chair 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 Chair of the House Agriculture
Committee and the Chair 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 Chairman Chair. - A chairman chair
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. This act is effective when it becomes law.