Highlights of 2006 Legislative Session

The North Carolina General Assembly completed their short session at the end of July. There were a number of bills passed that affect our state’s natural resources. We have chosen to highlight those that are directly related to the One NC Naturally program areas.

For full text on each of these, please click on the Bill Number below. As an alternative, visit www.ncleg.net/. Then in the right hand column, enter the bill number in “Bill Look-Up.”

S353 - Landfill Moratorium and Studies
An act to impose a moratorium on the consideration of permit applications and the issuance of permits for the construction of new landfills in the state between Aug.1, 2006 and Aug.1, 2007. The bill also directs the Environmental Review Commission to study issues related to solid waste disposal in order to protect public health and the environment; and to create the Joint Select Committee on Environmental Justice.

H2127 – State Parks System Additions
An act to authorize the addition of Mountain Bog State Natural Area and Sandy Run Savannas State Natural Area to the state parks system, and to direct the Division of Parks and Recreation of the Department of Environment and Natural Resources to study the feasibility and desirability of establishing a state park at Cabin Lake. Additional information is available in “Conservation Activities and Accomplishments” section of this newsletter.

H2129 - Community Conservation Assistance Program
An act to establish the Community Conservation Assistance Program in the Department of Environment and Natural Resources, as recommended by the Environmental Review Commission. Additional information is available in “Working Lands update” section of this newsletter.

S1566 - Stormwater Management 2006
An act to provide for the implementation of federal phase II stormwater management requirements and to protect water quality, as recommended by the Environmental Review Commission.

H2873 - Safe Drinking Water/Private Wells
An act to require permitting and inspection of new private drinking water wells and to require water quality testing of private drinking water wells.

S1122 – Land and Water Conservation Study
An act to create the Land and Water Conservation Study Commission.

The Commission shall:
Identify and evaluate the existing sources of state funding for:
• The public acquisition of land or interests in land to protect drinking water quality and prevent polluted runoff, conserve rivers, wetlands, floodplains, coastal waters, working farms, working forests, local parks, state parks, game lands and other natural areas, as well as urban forests and land visible from scenic highways in North Carolina;
• Historic preservation; and
• Economic and community development tied to land and water conservation and historic preservation.

The Commission shall also:
• Collect research and information from North Carolina and other states and jurisdictions regarding incentive-based techniques and management tools used to protect land and water and assess the applicability of such tools and techniques to land conservation in North Carolina.
• Prepare a draft report with a statement of the issues, a summary of the research, and recommendations to address funding needs and other issues affecting land and water conservation in North Carolina.
• Hold at least three public meetings, including at least one meeting in the Mountains, Piedmont, and the Coastal Plain region of the state, to present the draft report and recommendations to the public and user groups.

The Commission shall report its findings and recommendations to the General Assembly and the Environmental Review Commission on or before Feb. 1, 2007, at which time the Commission shall terminate.

H1723 - The Studies Act of 2006
An act to provide for studies by the Legislative Research Commission, statutory oversight committees and commissions, and other agencies, committees, and commissions. Studies relevant to One NC Naturally program areas include:

Waterfront Access Study Committee
There is created the Waterfront Access Study Committee. The Committee, with the assistance of the Sea Grant College Program of The University of North Carolina and the North Carolina Coastal Resources Law, Planning, and Policy Center, shall study the degree of loss and potential loss of the diversity of uses along the coastal shoreline of North Carolina and how these losses impact access to the public trust waters of the state.

Specifically, the committee shall:
• Gather information about local land use management and zoning, current shoreline development trends and local tax rates, including tax assessment trends for shoreline properties.
• Collect research and information from North Carolina and other states and jurisdictions regarding incentive-based techniques and management tools used to preserve waterfront diversity.
• Assess the applicability of such tools and techniques to the coastal shorelines of North Carolina.
• Prepare a draft report with a statement of the issues, a summary of the research, and recommendations to address issues of diversity of waterfront use and access in North Carolina.
• Hold three public meetings to present the draft report and recommendations to the public and user groups. One public meeting shall be held in each of the three coastal regions.

The committee may submit an interim report of its study to the Joint Legislative Commission on Seafood and Aquaculture, the Marine Fisheries Commission and the Coastal Resources Commission, no later than Jan. 15, 2007. The committee shall submit a final report of the results of its study, including any legislative recommendations, to the Joint Legislative Commission on Seafood and Aquaculture, the Marine Fisheries Commission and the Coastal Resources Commission, no later than April 15, 2007. The committee shall terminate on April 15, 2007, or upon the filing of its final report, whichever occurs first.

Synopses of budget items include:

Coastal Habitat Protection Compliance - Four compliance coordinator positions, one in each Division of Coastal Management district to provide compliance and enforcement services.
R = $249,757; NR = $27,770

Private Well Water Safety Program – Five new positions to provide technical support and enforcement assistance to counties as they enforce statewide private water supply well construction standards.
R = $271,079; NR = $827,550

Protection of Drinking Water Supplies – Increase water system operating permit fees and plan review fees to fund 19 additional positions for field response, inspections, technical assistance, compliance oversight, lab support, and review and approval of plans to protect public drinking water supplies.

Shellfish Sanitation Positions – Three positions to monitor and classify North Carolina’s shellfish-growing waters and to conduct the shoreline survey.
R = $167,980; NR = $11,020

Coastal Recreational Fishing License Implementation – Two positions and operating support for the development and operations of the licensing system associated with the Coastal Recreational Fishing License.
NR = $375,000

Shellfish Mapping and Submerged Aquatic Vegetation Mapping Programs – Five additional positions and operating expenses to enable the Division of Marine Fisheries to map shellfish resources and habitat as recommended by the Coastal Habitat Protection Plan.
R = $331,651; NR = $87,048

N.C. Agricultural Cost Share Technical Assistance – Additional support for cost-sharing funds to soil and water conservation districts and counties for technical assistance to install quality best management practices through the Agricultural Cost Share Program.
R = $333,778

N.C. Agricultural Cost Share Financial Assistance – Additional funding to the Agricultural Cost Share Program to assist 100 additional producers per year to install best management practices to improve water quality.
R = $200,000; NR = $200,000

Conservation Resource Enhancement Program – Provide additional funding to the Conservation Resource Enhancement Program to expand into additional watersheds in need of riparian buffers and restored wetlands.
R = $575,000; NR = $425,000

Soil and Water Conservation District Supervisor travel – Funding for travel reimbursement for supervisors in Soil and Water Conservation Districts.
R = $25,000

Poultry Waste Management Best Practices – Funds for new poultry waste management techniques.
NR = $200,000

Resource Conservation and Development Councils – Grants to each of the state’s 10 Resource Conservation and Development Councils.
NR = $200,000

Clean Water State Revolving Fund – Meet the 20 percent match requirement for drawing down the maximum available funds for the Clean Water State Revolving Fund.
NR = $3,160,852

Drinking Water State Revolving Fund - Meet the 20 percent match requirement for drawing down the maximum available funds for the Drinking Water State Revolving Fund.
NR = $2,909,820

Forest Development Program – Additional funding to reduce the current waiting list of landowners applying for cost share assistance to reforest land.
NR = $600,000

Hickory Nut Gorge Expansion – Capital funds totaling $15 million for land acquisitions and necessary improvements to expand the Chimney Rock tract of Hickory Nut Gorge State Park. Total planned expansion is 2,000 acres at a total cost of $30 million. DENR proposes funding the remaining acquisitions with money from the Clean Water Management Trust Fund, Natural Heritage Trust Fund and Parks and Recreation Trust Fund.
NR = $15,000,000