GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2007
S D
SENATE DRS35213-TAz-3A* (02/05)
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Short Title: Environmental Technical Corrections 2007. |
(Public) |
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Sponsors: |
Senator Albertson. |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to make clarifying, conforming, and technical amendments to various laws related to the environment, as recommended by the environmental review commission.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 58‑37‑1 reads as rewritten:
"§ 58‑37‑1. Definitions.
As used in this Article:
…
(7) "Motor vehicle insurance" means direct insurance against liability arising out of the ownership, operation, maintenance or use of a motor vehicle for bodily injury including death and property damage and includes medical payments and uninsured and underinsured motorist coverages.
With respect to motor carriers who
are subject to the financial responsibility requirements established under the
Motor Carrier Act of 1980, the term, "motor vehicle insurance"
includes coverage with respect to environmental restoration. As used in this
subsection the term, "environmental restoration" means restitution
for the loss, damage, or destruction of natural resources arising out of the
accidental discharge, dispersal, release, or escape into or upon the land,
atmosphere, water course watercourse, or body of water of any
commodity transported by a motor carrier. Environmental restoration includes
the cost of removal and the cost of necessary measures taken to minimize or
mitigate damage to human health, the natural environment, fish, shellfish, and
wildlife.
…."
SECTION 2. G.S. 104E‑10.1 reads as rewritten:
"§ 104E‑10.1. Additional requirements for low‑level radioactive waste facilities.
(a) An applicant for a permit for a low‑level
radioactive facility shall satisfy the department Department that:
(1) Any low‑level radioactive waste facility heretofore constructed or operated by the applicant (or any parent or subsidiary corporation if the applicant is a corporation) has been operated in accordance with sound waste management practices and in substantial compliance with federal and state laws and regulations; and
(2) The applicant (or any parent or subsidiary corporation if the applicant is a corporation) is financially qualified to operate the subject low‑level radioactive waste facility.
The approval of a permit shall be contingent upon the applicant
first satisfying the department Department that he the
applicant has met the above two requirements. In order to continue to hold
a license permit under this Chapter, a licensee the
permittee must remain financially qualified, and must provide any
information requested by the Department to show that he the permittee
continues to be financially qualified.
(b) Each permit applicant or permit holder (or any
parent or subsidiary corporation if the permit applicant or permit holder is a
corporation), as a condition of receiving or holding a permit, shall have an
independent annual audit by a firm of duly licensed certified public
accountants carrying a minimum of five million dollars ($5,000,000)
professional liability insurance coverage, proof of which coverage shall be
provided with the issuance of the audit report. Each permit applicant or permit
holder referred to above shall also provide the Department of Environment
and Natural Resources with a copy of the report and shall submit a copy of
the report to the State Auditor for approval regarding its adequacy and
completeness. As a minimum, the required report shall include the financial
statements prepared in accordance with generally accepted accounting
principles, all disclosures in the public interest required by law, and the
auditor's opinion and comments relating to the financial statements. The audit
shall be performed in conformity with generally accepted auditing standards.
(c) Within 10 days of receiving an application for a license
permit or an amendment to a license permit to operate
a low‑level radioactive waste facility, the Department shall notify the
clerk of the board of commissioners of the county or counties in which the
facility is proposed to be located or is located, and, if the facility is to be
located or is located within a city, the clerk of the governing board of the
city, that the application has been filed, and shall file a copy of the
application with the clerk. Prior to issuing a license permit or
an amendment to an existing license permit, the Secretary of
the Department or his the Secretary's designee shall conduct
a public hearing in the county, or in one of the counties, in which a person
proposes to operate a low‑level radioactive waste facility or to enlarge
an existing facility. The Secretary shall give notice of the hearing at least
30 days prior to the date thereof by:
(1) Publication in a newspaper or newspapers having general circulation in the county or counties where the facility is to be located for three consecutive weeks beginning 30 days prior to the scheduled date of the hearing; and
(2) First class mail to persons who have requested such notice. The Department shall maintain a mailing list of persons who request notice pursuant to this subsection."
SECTION 3. G.S. 120‑70.36 reads as rewritten:
"§ 120‑70.36. Staffing.
The Legislative Services Officer shall assign as staff to the
Joint Select Committee professional employees of the General Assembly, as
approved by the Legislative Services Commission. Clerical staff shall be
assigned to the Joint Select Committee through the offices of the Supervisor
of Clerks of the Senate and Supervisor of Clerks of the House of
Representatives Directors of Legislative Assistants of the Senate and
House of Representatives. The expenses of employment of clerical staff
shall be borne by the Joint Select Committee."
SECTION 4. G.S. 120‑70.46 reads as rewritten:
"§ 120‑70.46. Staffing.
The Legislative Services Officer shall assign as staff to the
Environmental Review Commission professional employees of the General Assembly,
as approved by the Legislative Services Commission. Clerical staff shall be
assigned to the Environmental Review Commission through the offices of the
Supervisor of Clerks of the Senate and Supervisor of Clerks of the House of
Representatives Directors of the Legislative Assistants of the Senate
and House of Representatives. The expenses of employment of clerical staff
shall be borne by the Environmental Review Commission."
SECTION 5. G.S. 120‑70.65 reads as rewritten:
"§ 120‑70.65. Staffing.
The Legislative Services Officer shall assign as staff to the
Commission 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 Supervisor of Clerks of the Senate and
Supervisor of Clerks of the House of Representativesoffices of the
Directors of Legislative Assistants of the Senate and House of Representatives.
The expenses of employment of clerical staff shall be borne by the Commission."
SECTION 6. G.S. 130A‑294(f) reads as rewritten:
"(f) Within 10 days of receiving an application for
a permit or for an amendment to an existing permit for a hazardous waste
facility, the Department shall notify the clerk of the board of commissioners
of the county or counties in which the facility is proposed to be located or is
located and, if the facility is proposed to be located or is located within a
city, the clerk of the governing board of the city, that the application has
been filed, and shall file a copy of the application with the clerk. Prior to
the issuance of a permit or an amendment of an existing permit the Secretary or
his the Secretary's designee shall conduct a public hearing in
the county, or in one of the counties in which the hazardous waste facility is
proposed to be located or is located. The Secretary or his the
Secretary's designee shall give notice of the hearing, and the public
hearing shall be in accordance with applicable federal regulations adopted
pursuant to RCRA and with Chapter 150B of the General Statutes. Where the
provisions of the federal regulations and Chapter 150B of the General Statutes
are inconsistent, the federal regulations shall apply."
SECTION 7. G.S. 143‑215.74 reads as rewritten:
"§ 143‑215.74. Agriculture cost share program.
(a) There is created the Agriculture Cost Share Program for Nonpoint Source Pollution Control. The program shall be created, implemented, and supervised by the Soil and Water Conservation Commission.
(b) The program shall be subject to the following requirements and limitations:
(1) The purpose of the program shall be to reduce the
input of agricultural nonpoint source pollution into the water courses watercourses
of the State.
(2) The program shall initially include the present 16 nutrient sensitive watershed counties and 17 additional counties.
…."
SECTION 8. G.S. 160A‑479.7(a) reads as rewritten:
"(a) The charter may confer on the regional sports authority any or all of the following powers:
…
(16) To study and plan for new and improved major regional
sports and recreational facilities including but not limited to arenas, stadia,
gymnasia, natatoria, pitches, fields, water courseswatercourses,
and other areas for the conduct of sports and recreational activities. These
facilities should be of such sizes and in such locations that they will be
adequate to serve the population of the entire jurisdiction of the authority
(and beyond) to the extent possible;
…."
SECTION 9. Section 12.7.(d) of S.L. 2006‑66 reads as rewritten:
"DEPARTMENT OF COMMERCE/REPORT ON AGRIBUSINESS FUNDS
…
SECTION 12.7.(d) The Department shall submit the
report to the House Appropriations Committee Subcommittee on Environment,
Health, and Natural and Economic Resources, the Senate
Appropriations Committee on Natural and Economic Resources, and the Fiscal
Research Division no later than May 1, 2007."
SECTION 10. Section 2 of S.L. 2006‑139 reads as rewritten:
"SECTION 2. The Commissioner of Agriculture shall
file a report no later than 31 March of each year with the Chairs of the House
of Representatives Appropriations Subcommittee on Natural and Economic
Resources and Senate Appropriations Subcommittees Committee on
Natural and Economic Resources, the Chair of the House of Representatives
Agriculture Committee, and the Chair of the Senate Committee on Agriculture,
Environment, and Natural Resources which shall include the following:
(1) The short‑ and long‑term problems associated with maintaining a viable dairy industry in the State.
(2) Ways to sustain the existing dairy industry in the State.
(3) Opportunities to expand the dairy industry, including attracting both new dairy producers and new processors to the State.
(4) The contribution of dairy farms to the maintenance of prime agricultural land and the quality of life in the State.
(5) An analysis of the effectiveness of the Dairy Stabilization and Growth Program in achieving the goals of maintaining a local supply of fresh milk for processing and consumption, facilitating the entry of young farmers into the dairy industry, and preserving green space along the urban fringe.
(6) Other factors that impact the dairy industry in the State."
SECTION 11. G.S. 113‑270.1A(a1) reads as rewritten:
"(a1) A person who qualifies for a totally
disabled resident combination hunting‑fishing license Lifetime
Combination Hunting and Fishing License for Disabled Residents under G.S. 113‑270.1C(b)(4)
need not comply with the requirements of subsection (a) of this section in
order to receive that license, so long as the person does not make use of the
license unless:
(1) The disabled hunter is accompanied by an adult who is licensed to hunt; and
(2) The licensed adult maintains a proximity to the disabled hunter which enables the adult to monitor the activities of, and communicate with, the disabled hunter at all times."
SECTION 12. This act is effective when it becomes law.