Bill Text: NC H1039 | 2011-2012 | Regular Session | Amended

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Bill Title: Establish Alternative Fuels Study Commission

Spectrum: Slight Partisan Bill (Democrat 9-5)

Status: (Introduced - Dead) 2012-05-23 - Ref To Com On Rules, Calendar, and Operations of the House [H1039 Detail]

Download: North_Carolina-2011-H1039-Amended.html

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GENERAL ASSEMBLY OF NORTH CAROLINA

 SESSION 2011

H                                                                                                                                                    1

HOUSE BILL 1039

 

 

Short Title:        Establish Alternative Fuels Study Commission.		(Public)
Sponsors:	Representatives Hager and Hastings (Primary Sponsors). For a complete list of Sponsors, see Bill Information on the NCGA Web Site.
Referred to:	Rules, Calendar, and Operations of the House.

May 23, 2012

A BILL TO BE ENTITLED

AN ACT to establish the north carolina commission on alternative fuels to study the use and application of alternative fuels for north carolina's transportation sector, as recommended by the house select committee on energy independence and alternative fuels.

The General Assembly of North Carolina enacts:

SECTION 1.  Chapter 113B of the General Statutes is amended by adding a new article to read:

"Article 3.

            "North Carolina Commission on Alternative Fuels.

"§ 113B‑30.  Legislative findings.

The General Assembly finds the following:

(1)        Stable, affordable transportation is vital to the economy and security of North Carolina and its citizens.

(2)        It is in the State's best interest to study the development of alternative fuels for the transportation sector that are secure, stable, and predictable.

(3)        Research, development, and commercialization of alternative fuels have the potential for economic growth, job creation, and expanded business opportunities in North Carolina.

(4)        Access to alternative fuels and greater fuel efficiency within the State's transportation sector may both protect North Carolina and its citizens from the volatility of the global oil market and provide reductions in air emissions that harm public health.

"§ 113B‑31.  Definitions.

For purposes of this Article "alternative fuel" means methanol, denatured ethanol, and other alcohols; mixtures containing eighty‑five percent (85%) or more by volume of methanol, denatured ethanol, and other alcohols with gasoline or other fuels; natural gas, including liquid fuels domestically produced from natural gas; liquefied petroleum gas; hydrogen; coal‑derived liquid fuels; fuels (other than alcohol) derived from biological materials; electricity (including electricity from solar energy); and any other fuel the North Carolina Commission on Alternative Fuels determines is substantially not petroleum.

"§ 113B‑32.  North Carolina Commission on Alternative Fuels – creation; purposes.

(a)        The North Carolina Commission on Alternative Fuels is created within the Department of Commerce to study and make recommendations on the use and development of alternative fuels for transportation in the State.

(b)        The Commission shall serve as the central study and planning body of the State for alternative fuels for the transportation sector and shall communicate and cooperate with federal, State, regional, and local agencies and entities to study and recommend alternative fuels policies for North Carolina.

"§ 113B‑33.  Duties and responsibilities of the North Carolina Commission on Alternative Fuels.

(a)        The North Carolina Commission on Alternative Fuels shall:

(1)        Conduct an in‑depth examination of the State's public‑ and private‑sector use of petroleum‑based fuels and alternative fuels for transportation.

(2)        Review and evaluate existing State laws, practices, and programs pertaining to alternative fuels to determine where efficiencies exist and identify opportunities for inter‑ and intragency collaboration.

(3)        Review and evaluate other state's laws, practices, and programs pertaining to alternative fuels to determine the applicability, feasibility, and advisability of implementing such programs for North Carolina.

(4)        Evaluate opportunities to facilitate the expansion of alternative fuels within the State. This evaluation shall include a short‑, mid‑, and long‑term examination of the following:

a.         State and local government agencies', including the public schools, expanded use of alternative fuels, the infrastructure necessary to support the use of alternative fuels, and the barriers to implementation.

b.         Commercial fleets' expanded use of alternative fuels, the infrastructure necessary to support commercial use of alternative fuels, and the barriers to implementation.

c.         Residential use of alternative fuels, the infrastructure necessary to support residential use of alternative fuels, and the barriers to implementation.

(5)        Examine and evaluate financial and other incentives, requirements, programs, and mechanisms that may facilitate the use of alternative fuels in the State.

(6)        Consider issues related to consumer acceptance and costs associated with use of alternative fuels and identify methods to address or mitigate barriers that may exist to use alternative fuels.

(7)        Identify funding opportunities to support alternative fuels research and development in the State.

(8)        Explore any other issues associated with alternative fuels use and related infrastructure that the Commission determines appropriate.

(b)        The Commission shall report annually to the Joint Legislative Transportation Oversight Committee, the Environmental Review Commission, the House Appropriations Subcommittees on Transportation and Natural and Economic Resources and the Senate Appropriations Subcommittees on Department of Transportation and Natural and Economic Resources, and any other legislative body with jurisdiction over energy‑related matters no later than December 1 of each year on the activities, findings, and recommendations of the Commission.

"§ 113B‑34.  Composition of the North Carolina Commission on Alternative Fuels; appointments; qualifications; terms; vacancies; compensation.

(a)        Members, Appointment. – The North Carolina Commission on Alternative Fuels shall consist of 15 members as follows:

(1)        One appointed by the Speaker of the House of Representatives who shall have industry experience with biofuels and emerging fuels.

(2)        One appointed by the Speaker of the House of Representatives who shall have industry experience with electric vehicles.

(3)        One appointed by the Speaker of the House of Representatives who shall, at the time of the appointment, conduct research on alternative fuels for transportation and represent a community college or university in the State.

(4)        One appointed by the Speaker of the House of Representatives who shall have industry experience with the management of commercial motor fleets.

(5)        One appointed by the Speaker of the House of Representatives who shall have industry experience with the infrastructure necessary to support the use of alternative fuels for transportation, including, but not limited to, fueling stations and pipeline systems.

(6)        One appointed by the Speaker of the House of Representatives who shall, at the time of the appointment, represent a municipal or county government.

(7)        One appointed by the President Pro Tempore of the Senate who shall have industry experience with natural gas (including compressed natural gas and liquefied natural gas) as it is used for transportation.

(8)        One appointed by the President Pro Tempore of the Senate who shall have industry experience with liquefied propane gas, or autogas, as it is used for transportation.

(9)        One appointed by the President Pro Tempore of the Senate who shall have industry experience with hydrogen as it is used as a fuel for transportation.

(10)      One appointed by the President Pro Tempore of the Senate who shall have industry experience with the alternative fuel vehicles industry, other than electric vehicles.

(11)      One appointed by the President Pro Tempore of the Senate who shall have experience with State or local government motor fleet management.

(12)      One appointed by the President Pro Tempore of the Senate who shall be an economist with expertise in or familiarity with alternative fuels energy markets.

(13)      The Secretary of Commerce or the Secretary's designee.

(14)      The Secretary of Transportation or the Secretary's designee.

(15)      The Director of the North Carolina Solar Center or the Director's designee.

(b)        Terms. – The term of office of members of the Commission appointed pursuant to subdivisions (1) through (12) of subsection (a) of this section shall be three years. A member may be reappointed to any number of successive three‑year terms. Upon the expiration of a three‑year term, a member shall continue to serve until a successor is appointed and duly qualified. The term of members appointed under subdivisions (1), (4), (7), and (10) of subsection (a) of this section shall expire on June 30 of years evenly divisible by three. The term of members appointed under subdivisions (2), (5), (8), and (11) of subsection (a) of this section shall expire on June 30 of years that precede by one year those years that are evenly divisible by three. The terms of members appointed under subdivisions (3), (6), (9), and (12) of subsection (a) of this section shall expire on June 30 of years that follow by one year those years that are evenly divisible by three.

(c)        Vacancies. – Members appointed by the Speaker of the House of Representatives and the President Pro Tempore of the Senate shall be made in accordance with G.S. 120‑121, and vacancies shall be filled in accordance with G.S. 120‑122. In accordance with Section 10 of Article VI of the North Carolina Constitution, a member may continue to serve until a successor is duly appointed.

(d)        Compensation. – The members of the Commission shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138‑5.

"§ 113B‑35.  North Carolina Commission on Alternative Fuels – meetings; quorum;officer; organization; staff.

(a)        Meetings. – The Commission shall meet at the call of the chair, or upon written request of eight members.

(b)        Quorum. – A majority of the Commission shall constitute a quorum for the transaction of business.

(c)        Chair. – The Commission shall elect one of its members to serve as chair. The chair shall serve two‑year terms and may serve any number of terms, but not more than two terms consecutively.

(d)        Responsibilities of the Chair. – The chair shall guide and coordinate the activities of the Commission in fulfilling its duties set out in this Article. The chair shall report to the General Assembly as provided in subsection (b) of G.S. 113B‑33 on the activities of the Commission.

(e)        Procedure and Organization. – The Commission shall determine its organization and procedure in accordance with the provisions of this Article. The provisions of the most recent edition of Robert's Rules of Order shall govern any procedural matter for which no other provision has been made.

(f)         Staff. – All staff support required by the Commission shall be supplied by the Energy Division in the Department of Commerce."

SECTION 2.  This act is effective when it becomes law. The first report required pursuant to subsection (b) of G.S. 113B‑33, as enacted by Section 1 of this act, is due December 1, 2012.