Bill Text: NC H748 | 2015-2016 | Regular Session | Amended
Bill Title: Establish Contam. Source Removal/Disposal Bd
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2015-04-27 - Re-ref Com On Rules, Calendar, and Operations of the House [H748 Detail]
Download: North_Carolina-2015-H748-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
H 1
HOUSE BILL 748
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Short Title: Establish Contam. Source Removal/Disposal Bd. |
(Public) |
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Sponsors: |
Representatives Dixon and Millis (Primary Sponsors). For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site. |
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Referred to: |
Environment, if favorable, Appropriations. |
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April 15, 2015
A BILL TO BE ENTITLED
AN ACT To establish the north carolina Contamination Source Removal and Disposal board AND TO DIRECT THE BOARD TO IMPLEMENT A PRIVATE‑PUBLIC PARTNERSHIP TO REMOVE AND DISPOSE OF THE CONTAMINATION SOURCES FROM ALL pre‑1983 LANDFILLS OR OTHER state‑identified contaminated SITEs AND RETURN THESE SITES TO BENEFICIAL USE.
The General Assembly of North Carolina enacts:
SECTION 1. Legislative Findings. – The General Assembly makes the following findings:
(1) Section 5 of Article XIV of the North Carolina Constitution sets out the conservation and protection of State lands and waters as a policy of the State, and a more expeditious method for remediation and reuse of pre‑1983 landfills and other State‑identified contaminated sites is in furtherance of that policy.
(2) Despite past legislative directives, a dedicated source of revenue and a considerable fund balance, little progress has been made in active cleanup of these landfill sites.
(3) Qualified private firms should be given the opportunity to remediate pre‑1983 landfills and other State‑identified contamination sites under the oversight of a Contamination Source Removal and Disposal (CSRD) Board.
(4) CSRD Board implementation of a site assessment and remediation program based on requests for proposal from private firms will result in multiple benefits to the State, including: (i) reducing known environmental hazards that are associated with the many identified sites across the State; (ii) decreasing the State's economic liability for these sites (iii) promoting economic growth through the job creation associated with returning these sites to beneficial and productive use; and (iv) establishing an efficient, cost‑effective model for other State projects.
SECTION 2. Article 9 of Chapter 130A of the General Statutes is amended by adding a new Part to read:
"Part 9. North Carolina Contamination Source Removal and Disposal Board.
"§ 130A‑310.80. North Carolina Contamination Source Removal and Disposal Board – creation; powers and duties.
(a) Creation. – There is hereby created the North Carolina Contamination Source Removal and Disposal Board.
(b) Purpose. – The purposes and functions of the Contamination Source Removal and Disposal Board are to identify, evaluate, prioritize, schedule, and facilitate lowest cost and best achievable processes and mechanisms for safe, expeditious, and cost‑effective remediation of all pre‑1983 landfills, as that term is defined under G.S. 130A 290(a)(22a), and other State‑identified contaminated sites, and to contract with a dedicated and qualified private sector firm to return these sites to beneficial and productive use for the good of the State and its citizens.
(c) Authority. – To achieve its purposes, the Board shall have all of the following powers and duties:
(1) To pursue efforts directed at the expeditious and cost‑effective cleanup of pre‑1983 landfills and other State‑identified contaminated sites as appropriate funding sources permit.
(2) To develop rules and procedures for the conduct of its business or as may be necessary to perform its duties and carry out its objectives, including, but not limited to, calling meetings and establishing voting procedures.
(3) To establish processes and procedures for bidding and contracting with private entities for site investigation and remediation activities. The Board, in contracting with any private entity to provide administration and oversight of remediation and investigation activities, shall negotiate a contract for a fixed compensation percentage not to exceed twelve percent (12%) of remediation and investigation contracts entered into by the Board
(4) To seek, apply for, and accept grants from public or private sources. The Board may accept or expend funds only after an affirmative vote by a majority of the members of the Board.
(5) To exercise the powers of a body corporate, including the power to sue and be sued, and adopt and use a common seal and alter the same.
(6) To enter into contracts and execute all instruments necessary or appropriate to achieve the purposes of the Board.
(7) To designate a fiscal agent.
(8) To perform any lawful acts necessary or appropriate to achieve the purposes of the Board.
Rules and procedures developed pursuant to this subsection shall be effective upon an affirmative vote by a majority of the Board members.
(d) Membership. – The Board shall consist of five members as follows:
(1) Two members appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate, meeting the following descriptions:
a. One who shall be a licensed private sector environmental engineer with experience in contamination source removal, transportation, and disposal.
b. One who shall be a private sector solid waste or construction manager with extensive experience in industrial wastes, environmental restoration, remediation, and mitigation of contamination resulting from industrial activities.
(2) Two members appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives, meeting the following descriptions:
a. One who shall be a licensed private sector attorney with experience in legal matters associated with contamination removal, transportation, and disposal and property law title issues arising from contaminated sites.
b. One who shall have extensive private sector experience with the removal, handling, transportation, and disposal of hazardous substances.
(3) The Secretary of the Department of Environment and Natural Resources, or the Secretary's designee.
(e) Terms. – The term of office of members of the Board is five years. A member may be reappointed to no more than three consecutive three‑year terms. The term of a member who no longer meets the qualifications of their respective appointment, as set forth in subsection (d) of this section, shall terminate, but the member may continue to serve until a new member who meets the qualifications is appointed. The terms of members appointed under sub‑subdivisions (1)(a.) and (2)(a.) of subsection (d) of this section shall expire on June 30 of years evenly divisible by five. The terms of members appointed under sub‑subdivisions (1)(b.) and (2)(b.) of subsection (d) of this section shall expire on June 30 of years that precede by two years those years that are evenly divisible by five.
(f) Vacancies; Removal from Office. –
(1) Members appointed by the President Pro Tempore of the Senate and the Speaker of the House of Representatives shall be made in accordance with G.S. 120‑121, and vacancies in those appointments 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. The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall have the power to remove their appointed members of the Board from office for misfeasance, malfeasance, or nonfeasance.
(g) Compensation. – The members of the Board shall receive compensation commensurate with their private sector experience, as determined by the Office of State Human Resources, provided that no Board member shall receive a salary greater than one hundred thousand dollars ($100,000).
(h) Quorum. – A majority of the Board shall constitute a quorum for the transaction of business.
(i) Officers. – The Board shall elect a chair and vice‑chair, and any other officers the Board considers necessary, and shall determine the length of the term of office of each officer.
(j) Staff. – All staff support required by the Board shall be supplied by the Division of Waste Management of the Department of Environment and Natural Resources.
(k) Reports. – The Board shall submit monthly written reports as to its operation, activities, programs, and progress to the Environmental Review Commission. The Board shall supplement the written reports required by this subsection with additional written and oral reports as may be requested by the Environmental Review Commission. The Board shall submit the written reports required by this subsection whether or not the General Assembly is in session at the time the report is due.
(l) Meetings. – The Board shall meet at least weekly and may hold special meetings at any time and place within the State at the call of the chair or upon the written request of at least three members.
(m) Sunset. – This section expires on June 30, 2035."
SECTION 3.(a) The Contamination Source Removal and Disposal Board created by this act shall implement an ongoing program that contracts and schedules contamination sources of pre‑1983 landfill sites, as defined by the State of North Carolina, and other State‑identified and known contamination sites to be remediated in the manner the Board determines to be most practicable and cost‑efficient and to return those sites to safe, beneficial, and productive use utilizing private sector best practices. The Board shall seek ongoing per unit pricing for any contamination source removal and disposal associated with all presubtitle D landfills and other State‑identified and known contamination sites to prequalified private sector firms for expediting projects as funding becomes available. The Board shall also conduct the following activities:
(1) Contract with a private entity for contamination source removal and disposal of the identified and chosen sites based on the Board's evaluation of existing and projected revenue streams and other pertinent factors.
(2) Develop requirements for full‑time monitoring of project sites to ensure that contamination source removal is safely and environmentally protective and performed to a health‑based, predetermined risk standard for subsequent use of the properties and completed to the satisfaction of the Board.
(3) Review and evaluate other states' requirements, programs, and policies for remediation of sites similar to those classified as "pre‑1983 landfills" as defined by the State of North Carolina, with a focus on other states that may have implemented requirements, programs, and policies that are resulting in safe remediation of such sites, which are performed in a more cost‑effective and expeditious manner than that performed in North Carolina under traditional remediation requirements, programs, and policies.
SECTION 3.(b) The Department of Environment and Natural Resources and the Board shall jointly seek United States Environmental Protection Agency approval for implementation of all elements of the program required by this section. On or before December 31, 2015, the Department and the Board shall develop and submit any Memoranda of Agreement, delineations of programmatic responsibility, procedure for coordination, and other information that the United States Environmental Protection Agency may require in order to effectuate the elements of the program required by this section.
SECTION 3.(c) The CSRD Board, with the support of the Department of Environment and Natural Resources, shall seek United States Environmental Protection Agency (EPA) comments regarding the Board's proposed programs on or before December 31, 2017.
SECTION 4. This act is effective when it becomes law.
