North Carolina § 143B-279 - 2. Department of Environmental Quality - duties.

§ 143B-279. 2. Department of Environmental Quality - duties.

It shall be the duty of the Department: To provide for the protection of the environment; To administer the State Outer Continental Shelf (OCS) Task Force and coordinate State participation activities in the federal outer continental shelf resource recovery programs as provided under the OCS Lands Act Amendments of 1978 (43 USC §§ 1801 et seq.) and the OCS Lands Act Amendments of 1986 (43 USC §§ 1331 et seq.). To provide for the protection of the environment and public health through the regulation of solid waste and hazardous waste management and the administration of environmental health programs. Repealed by Session Laws 1997-443, s. 11A.5, effective August 28, 1997. Repealed by Session Laws 2015-241, s. 14.30(kkk), effective July 1, 2015. To provide for the management of the State's natural resources. Repealed by Session Laws 2011-145, s. 13.11, effective July 1, 2011. History (1989, c. 727, s. 3; 1993, c. 321, s. 28(c); c. 561, s. 116(e); 1997-443, s. 11A.5; 2009-451, s. 13.1A; 2011-145, s. 13.11; 2015-241, s. 14.30(u), (kkk).) School Bus Diesel Emissions Reduction Account. - Session Laws 2007-465, ss. 1 through 5, provide: "1. Legislative Findings. - The General Assembly makes the following findings: "(1) Diesel emissions, due in large part to their high concentrations of particulate matter, are associated with severe and multiple health risks to the citizens of North Carolina, including increased risk of cancer, decreased lung function, aggravated asthma, heart attacks, and premature death. "(2) The United States Environmental Protection Agency, recognizing the harmful effects of diesel emissions, issued new fuel and engine emission standards that will reduce particulate matter emissions from new engines ninety percent (90%) below previous levels, beginning with vehicle model year 2007. "(3) The same technology that makes ninety percent (90%) reductions in diesel emissions possible for new engines can be retrofitted onto existing engines. "(4) The Safe Accountable, Flexible, Efficient Transportation Equity Act - A Legacy for Users (SAFETEA-LU), Pub. L. No. 109-59, 119 Stat. 1144, 23 U.S.C. § 149, clarified eligibility for diesel matter retrofit projects from federal congestion mitigation and air quality improvement program funds apportioned to the State by the United States pursuant to 23 U.S.C. § 104(b)(2) and establishes those projects as a priority for funding. North Carolina should act now to position itself to maximize eighty percent (80%) federal matching dollars available through this program as provided in 23 U.S.C. § 120. "2.(a) Pilot Program to Retrofit Certain School Buses. - The Department of Environment and Natural Resources, in consultation with the Department of Public Instruction, the Department of Transportation, and stakeholders, shall develop a pilot program, to be administered by the Department of Environment and Natural Resources, to award grants to retrofit school buses in order to reduce diesel emissions from school buses in any county that is located in an area that is designated by the United States Environmental Protection Agency as nonattainment or maintenance for ozone or particulate matter. A local school administrative unit may submit an application to the Department of Environment and Natural Resources for a grant to have any eligible school bus retrofitted in order to utilize an appropriate verified diesel emission control device as determined by the Department of Environment and Natural Resources. A school bus is eligible to have a diesel retrofit using grant funds if the school bus: (i) has a model year 1994 through model year 2006 engine; (ii) is registered in a county that is located in an area that is designated by the United States Environmental Protection Agency as nonattainment or maintenance for ozone or particulate matter; (iii) is capable of operating on diesel fuel and; (iv) is used for the transportation of public school students. The Department of Environment and Natural Resources may adopt guidelines and engineering standards as needed to implement this act. The Department of Environment and Natural Resources shall develop grant application procedures, the criteria and priorities for selecting grant recipients and further selection of which school buses of these grant recipients may use grant funds for diesel retrofits under this pilot program, and procedures for distribution of grant funds and federal-aid funds reimbursed under Section 7 of this act to a local school administrative unit selected as a grant recipient. The criteria that may be considered in grant recipient selection includes the remaining useful life of a school bus and the accumulated mileage and years of service of a school bus. Priority designation for selection of school buses for retrofits using grant funds may be given for a diesel retrofit that results in the greatest particulate matter reduction, considering the costs of operating, maintaining, and repairing the verified diesel emission control device, for the longest remaining useful life of the school bus. "(b) Definitions. - As used in this act, the following definitions apply: "(1) Diesel retrofit. - Defined in Chapter 149 of Title 23 of the United States Code. "(2) Level 1 Control. - A verified diesel emission control device that achieves a particulate matter emission reduction of twenty-five percent (25%) or more but less than fifty percent (50%) from uncontrolled engine emissions levels. "(3) Level 2 Control. - A verified diesel emission control device that achieves a particulate matter emission reduction of fifty percent (50%) or more but less than eighty-five percent (85%) from uncontrolled engine emissions levels. "(4) Level 3 Control. - A verified diesel emission control device that achieves a particulate matter emission reduction of eighty-five percent (85%) or more from uncontrolled engine emission levels, or that reduces emissions to less than or equal to 0.01 grams of particulate matter per brake horsepower-hour. Level 3 Control includes repowering or replacing the existing diesel engine with an engine that meets the United States Environmental Protection Agency 2007 Heavy Duty Highway Diesel Standards set out in the Final Rule published on 18 January 2001 in the Federal Register, Volume 66, Number 12, Pages 5002 through 5193. Level 3 Control also includes new diesel engines for the 2007 model year or later that meet the emissions standards that achieve particulate matter emissions reductions that are ninety percent (90%) less than particulate matter emissions standards for diesel engines in the 2006 model year. "(5) Verified diesel emission control device. - An emission control device or strategy that has been verified by the United States Environmental Protection Agency or the California Air Resources Board; the replacement or repowering of the vehicle with an engine that is certified to specific particulate matter emissions performance by the United States Environmental Protection Agency or the California Air Resources Board; or a device that reduces crankcase emissions by ninety percent (90%) or more from uncontrolled crankcase emissions levels, whether or not the device is verified by United States Environmental Protection Agency or the California Air Resources Board as an emission control device or strategy. "(c) Appropriate Retrofit Technology. - Within one year of the effective date of this section, the Secretary of Environment and Natural Resources, in consultation with the Department of Public Instruction, may make a written finding that a model, model year, or any other category concerning the type or use of a school bus that is eligible for a grant under subsection (a) of this section cannot be retrofitted with Level 3 Control, and that the category may use grant funds to be retrofitted with Level 2 Control, if it is available and appropriate for the category, installed, and operational. Within one year of the effective date of this section, the Secretary of Environment and Natural Resources, in consultation with the Department of Public Instruction, may make a written finding that a model, model year, or any other category concerning the type or use of a school bus that is eligible for a grant under subsection (a) of this section cannot be retrofitted with Level 2 Control, and that the category may use grant funds to be retrofitted with Level 1 Control, if it is available and appropriate for the category, installed, and operational. The Secretary of Environment and Natural Resources may require additional emissions control to be used for those school buses retrofitted with Level 1 Control using grant funds. Within one year of the effective date of this section, the Secretary of Environment and Natural Resources, in consultation with the Department of Public Instruction, may make a written finding regarding: the comparative economic impact, health benefits, and technological feasibility of using Level 1 Control, Level 2 Control, Level 3 Control, or other verified diesel emission control device under this pilot program; which device results in the greatest emissions reductions, considering the cost of operating, maintaining, and repairing the devices over their anticipated useful life; recommendations regarding the appropriate verified diesel emission control device to be used for retrofits under this pilot program consistent with these findings. In addition to any other issues of retrofit technology considered when making any finding under this subsection, the Secretary of Environment and Natural Resources and the Department of Public Instruction may consider the remaining useful life of a school bus and the accumulated mileage and years of service of a school bus. "(d) Coordination Among Departments. - The Department of Environment and Natural Resources shall coordinate with the Department of Public Instruction, the Department of Transportation, and the Department of Administration to determine if the effective and efficient implementation of this pilot program requires any of these departments to have a role beyond any role specified in this act, and if so, the Department of Public Instruction, the Department of Transportation, and the Department of Administration, as applicable, may adopt guidelines and engineering standards as needed to implement this section. The Department of Transportation may amend its Transportation Improvement Program and otherwise satisfy any other requirement under federal law so that school bus retrofits under this pilot program qualify for reimbursement of federal-aid funds as provided under Section 6 of this act. "3.(a) School Bus Diesel Emissions Reduction Account Established. - The School Bus Diesel Emissions Reduction Account is established as a nonreverting account within the Department of Environment and Natural Resources. The Account shall consist of funds appropriated to it by the General Assembly and any contributions or grants from public or private sources. "(b) Permissible Uses of the School Bus Diesel Emissions Reduction Account. - The Department of Environment and Natural Resources shall distribute funds in the School Bus Diesel Emissions Reduction Account as grants to local school administrative units for retrofitting school buses under this pilot program. The distributed funds shall be in an amount that is equal to twenty percent (20%) of the costs of purchasing a diesel retrofit for each school bus selected for retrofitting, based upon the costs of purchasing a diesel retrofit for a school bus as determined by the Department of Environment and Natural Resources. The funds shall be used by the local school unit to match the federal-aid funds that are to be reimbursed under Section 6 of this act, provided the Metropolitan Planning Organization for the area in which that local school administrative unit seeking grant funds under this pilot program has amended its Transportation Improvement Program and has otherwise satisfied any requirement under federal law so that the diesel retrofit as it applies to this local school administrative unit qualifies for reimbursement of federal-aid funds as provided under Section 6 of this act. Funds in the School Bus Diesel Emissions Reduction Account shall not be used for any costs associated with any school bus retrofit in excess of the sum of the twenty-percent (20%) share the local school administrative unit received in grant funds under this section for each diesel retrofit and the eighty-percent (80%) share in federal-aid funds for each diesel retrofit. Costs associated with any school bus retrofit in excess of this sum, if any, shall be borne by the local school administrative unit that operates the school bus. Any funds in the School Bus Diesel Emissions Reduction Account that have not been used or obligated as of 1 July 2008 in accordance with this section may be used to make grants to local school administrative units for one hundred percent (100%) of the costs for purchasing a diesel retrofit for a school bus as determined by the Department of Environment and Natural Resources. Funds in the School Bus Diesel Emissions Reduction Account shall not be used for any costs associated with any school bus retrofit in excess of one hundred percent (100%) of the costs for purchasing a diesel retrofit for a school bus as determined by the Department of Environment and Natural Resources, and excess costs associated with any school bus retrofit, if any, shall be borne by the local school administrative unit that operates the school bus. "(c) Prohibited Uses of the School Bus Diesel Emissions Reduction Account. - Funds in the School Bus Diesel Emissions Reduction Account shall not be used for any school bus with tampered, nonconforming, or defective emission control components. "4.(a) Transfer of Information. - On or before 1 August 2008, the Department of Public Instruction shall submit to the Department of Environment and Natural Resources the following information: "(1) The total number of school buses that are eligible for grants under Section 2(a) of this act. "(2) The number of school buses that are equipped with an engine certified to the applicable United States Environmental Protection Agency standard for particulate matter as set out in 40 Code of Federal Regulations §§ 86.007-11 (1 July 2006 Edition). "(b) Annual Report Required. - On or before 1 September 2008, and again on or before 1 September 2009, the Department of Environment and Natural Resources shall submit a report to the Department of Public Instruction, the Department of Transportation, and the Environmental Review Commission on the pilot program under this act. This report shall include the information submitted under subsection (a) of this section and shall also include: "(1) The total number of school buses that have the retrofit technology installed and operational under this pilot program, including a breakdown by location, vehicle model year, engine year, and the type of verified diesel emission control device used for each school bus. "(2) The anticipated emissions reductions based on the emissions certification of the verified diesel emission control devices used and the annual miles the school buses are expected to drive. "(3) Any recommendations to further reduce diesel emissions from school buses and whether the program to retrofit certain school buses registered in a county that is located in an area that is designated by the United States Environmental Protection Agency as nonattainment or maintenance for ozone or particulate matter is accomplishing its purpose to reduce diesel emissions, improve air quality, and protect students' health. "(4) The feasibility and the cost of expanding the funding for this pilot program for all eligible school buses for local school administrative units in counties that are located in an area that is designated by the United States Environmental Protection Agency as nonattainment or maintenance for ozone or particulate matter. "(5) The feasibility and the cost of expanding this pilot program statewide. "5. Credit for Emissions Reductions. - The Department of Environment and Natural Resources shall work together with federal, State, and local air quality and transportation agencies to determine how emissions reductions achieved through implementation of this act may be quantified and credited by the United States Environmental Protection Agency to the appropriate emissions reduction objectives in the State Implementation Plan or Transportation Conformity determinations." Session Laws 2007-465, s. 6, provides: "Reimbursement of Federal-Aid Funds. - The Department of Transportation may reimburse up to two million dollars ($2,000,000) for the 2007-2008 fiscal year from the federal congestion mitigation and air quality improvement program funds apportioned to the State of North Carolina by the United States pursuant to 23 U.S.C. § 104(b)(2), to the Department of Environment and Natural Resources for the costs of purchasing diesel retrofits for school buses under the pilot program under this act. This reimbursement may provide the eighty percent (80%) in federal-aid funds, as provided in 23 U.S.C. § 120, for the costs of purchasing diesel retrofits for school buses to supplement the funds awarded as grants under Section 3(b) of this act. The Department of Transportation and the Department of Environment and Natural Resources may enter into a contract that provides for the terms and method by which the Department of Environment and Natural Resources bills the Department of Transportation for reimbursement of eligible costs of purchasing diesel retrofits for school buses and submits itemized invoices with proper supporting documentation. This contract may provide a reimbursement schedule." Funding was provided for 2007-2008 fiscal year. Oregon Inlet State Park and Outer Banks Transportation Corridor. - Session Laws 2014-100, s. 14.7(a)-(h), authorizes the initiation of negotiations by the Department of Administration with the appropriate federal authority for the acquisition of certain federally owned property for the creation of Oregon Inlet State Park. If the subject real property is acquired by the State, then, together with any other real property owned by the State within the subject area, the Department of Environment and Natural Resources is authorized to add Oregon Inlet State Park to the State Parks System. The provisions of Session Laws 2014-100, s. 14.7(a)-(h), further provides for the condemnation authority necessary to manage existing and future transportation corridors on the Outer Banks, and for the identification of federally owned property necessary to construct or manage existing and future transportation corridors on the Outer Banks. Study Further Efficiencies in Organization of Department of Natural and Cultural Resources and Department of Environmental Quality. - Session Laws 2015-241, s. 14.31(a), (b), provides: "(a) The Department of Cultural Resources [Department of Natural and Cultural Resources], in consultation with the Department of Environment and Natural Resources [Department of Environmental Quality] and the Wildlife Resources Commission, shall study and report on the potential for efficiency, cost savings, and alignment of core mission and values that would be created from the transfer of the following agencies, divisions, or programs to the reorganized Department of Natural and Cultural Resources created by Section 14.30 of this act: "(1) Albemarle-Pamlico National Estuary Partnership. "(2) Coastal Reserves Program. "(3) Office of Land and Water Stewardship. "(4) All or a portion of the Office of Environmental Education and Public Affairs. "(5) Division of Marine Fisheries. "(6) Wildlife Resources Commission. "(b) The Department shall report as required by subsection (a) of this section no later than April 1, 2016, to the chairs of the Senate Appropriations Committee on Natural and Economic Resources, the chairs of the House Appropriations Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division." Editor's Note. - Session Laws 2007-107, s. 5.1(a), provides: "The Division of Information Technology Services of the Department of Environment and Natural Resources, in collaboration with the Division of Emergency Management of the Department of Crime Control and Public Safety [Department of Public Safety], shall establish a Tier II Hazardous Chemicals Inventory Database and Web-based access application that will accept uploads of Tier II data from local government systems acting as partners in the project and from the University of Texas at Dallas E-Plan repository until all Tier II hazardous chemical inventory is in the database. The database shall include data on sites listed in the planned Toxic Release Inventory exchange and the Department's existing Facilities Registry System. The Facilities Registry System is a database of facilities for which the Department has environmental concerns, including facilities that are subject to an environmental permit for water, air, waste, land quality, wetlands, public water supply, wastewater treatment, and other environmental permits. The database shall be connected via Web services to the North Carolina Exchange Node. The purposes of this database are to provide a one-stop, real-time information source for all hazardous and toxic materials release sites and all sites that are subject to an environmental permit in order to enhance the operational effectiveness of the Department of Environment and Natural Resources, the Division of Emergency Management of the Department of Crime Control and Public Safety, first responders and emergency management officials, local government officials, and any others with a role in emergency management or planning; to remove the burden of data reentry in multiple systems; to reduce the dependence on paper submissions for Tier II reporting; to extend the Network for the Exchange Node community; and to reuse information already deployed at the Department. The Tier II Hazardous Chemicals Inventory Database and Web-based access application shall be maintained by the Division of Emergency Management of the Department of Crime Control and Public Safety." Session Laws 2007-550, s. 17, provides: "The Division of Waste Management and the Division of Pollution Prevention and Environmental Assistance of the Department of Environment and Natural Resources shall jointly develop a proposal for a recycling program for fluorescent lamps. The program will be developed so as to ensure that substantially all of the mercury contained in fluorescent lamps will be recovered so as to facilitate a phaseout of incandescent lamps without damage to public health and the environment from the increased use of mercury lamps as replacements for fluorescent lamps. The Department of Environment and Natural Resources shall report its findings and recommendations, including legislative proposals and cost estimates, to the Environmental Review Commission on or before 1 March 2008." Session Laws 2012-200, s. 2(a), (b), provides: "(a) The Department of Environment and Natural Resources shall study the advisability and feasibility of reallocating water supply in John H. Kerr Reservoir from hydropower storage to water supply storage. The study shall identify the projected future water supply needs that could be met by reallocation of the water supply and identify any potential impacts of a water supply reallocation. In conducting this study, the Department may: "(1) In consultation with the Virginia Department of Environmental Quality, develop a Roanoke River Basin Water Supply plan that identifies future water supply needs in both the North Carolina and Virginia portions of the river basin. The water supply plan may provide the basis for determining water supply needs that could be met by reallocation of the water supply in John H. Kerr Reservoir. "(2) Include a recommendation for an agreement between the State of North Carolina, the Commonwealth of Virginia, and the United States Army Corps of Engineers that will provide guidance for allocations and reallocations of water supply in John H. Kerr Reservoir to enhance the public health, safety, and welfare by fostering efficient and sustainable use of the water that meets economic, environmental, and other goals. "(3) Identify and review any other issues the Department considers relevant to the topic. "(b) In conducting this study, the Department shall consult with the Virginia Department of Environmental Quality, the United States Army Corps of Engineers, and any local government or other entity that receives an allocation from the John H. Kerr Reservoir for water supply or for other purposes as of the effective date of this section. The Department shall report its findings and recommendations to the Environmental Review Commission on or before June 1, 2014." Session Laws 2012-200, s. 3(a), (b), provides: "(a) The Department of Environment and Natural Resources shall study and evaluate degradable plastic products and their potential to contaminate recycled plastic feedstocks. As part of its study, the Department shall develop and recommend standards for degradable plastic products, including labeling requirements and educational and outreach programs, to prevent contamination of recycled plastic feedstocks. "(b) The Department of Environment and Natural Resources shall report its findings and recommendations developed pursuant to this section to the Environmental Review Commission on or before January 15, 2013." Session Laws 2013-108, s. 2, provides: "The Department of Environment and Natural Resources shall report to the Environmental Review Commission no later than April 1, 2014, regarding the impact of this act on the Brownfields Property Reuse program and the Leaking Petroleum Underground Storage Tank Cleanup program." Session Laws 2013-138, ss. 1, 2, and 3.1 through 3.8, provide: "Section 1. For purposes of this act, the following definitions apply: "(1) 'Department' means the Department of Environment and Natural Resources. "(2) 'Corps' means the United States Army Corps of Engineers. "(3) 'Shallow draft navigation channel' means (i) a waterway connection with a maximum depth of 16 feet between the Atlantic Ocean and a bay or the Atlantic Intracoastal Waterway, (ii) a river entrance to the Atlantic Ocean through which tidal and other currents flow, or (iii) other interior coastal waterways. 'Shallow draft navigation channel'includes the Atlantic Intracoastal Waterway and its side channels, Beaufort Harbor, Bogue Inlet, Carolina Beach Inlet, the channel from Back Sound to Lookout Back, channels connected to federal navigation channels, Lockwoods Folly River, Manteo/Shallowbag Bay, including Oregon Inlet, Masonboro Inlet, New River, New Topsail Inlet, Rodanthe, Rollinson, Shallotte River, Silver Lake Harbor, and the waterway connecting Pamlico Sound and Beaufort Harbor. "Section 2. The Department shall take all of the following steps in order to ensure that the State's shallow draft navigation channels are safe and navigable: "(1) The Department shall utilize long-term agreements with Corps to maintain the dredging of the State's shallow draft navigation channels to depths authorized on the date this act becomes law. "(2) The Department shall assist local governments in their pursuit of general permit authorizations from the Corps to allow the local governments to dredge shallow draft navigation channels to depths and according to project designs authorized on the date this act becomes law. "(3) The Department shall assist local governments in their pursuit of individual permits under the State Coastal Area Management Act permits issued by the Corps to allow the dredging of shallow draft navigation channels to depths greater than authorized on the date this act becomes law and to allow the placement of dredged materials on beaches. "Section 3.1. There is hereby created the Oregon Inlet Land Acquisition Task Force for the purpose of determining, reviewing, and considering the State's options for acquiring the federal government's right, title, and interest in Oregon Inlet and the real property adjacent thereto, including submerged lands. A more particular description of the property to be acquired is provided in Section 3.8 of this act. Acquiring the property described in Section 3.8 of this act will allow the State to preserve Oregon Inlet and to develop long-term management solutions for preserving and enhancing the navigability of Oregon Inlet, which is both a critical transportation corridor and a critical source of commerce for the State's Outer Banks. The Task Force shall have duties including the following: "(1) Consulting with the State Property Office and agencies and departments of the federal government, including the United States Department of Fish and Wildlife, United States National Park Service, Congressional Budget Office, and members of the North Carolina congressional delegation to establish the monetary value of Oregon Inlet and the real property adjacent thereto. "(2) Determining whether and to what degree the federal government will sell to the State Oregon Inlet and the real property adjacent thereto or exchange the property for State-owned real property. If the federal government expresses a willingness to exchange the property for State-owned property, the Task Force shall determine the identity of the State-owned property and the monetary value of the property. "(3) Exploring any and all options for acquiring Oregon Inlet and the real property adjacent thereto, including condemnation of the coastal lands conveyed to the federal government in a deed dated August 7, 1958, and recorded September 3, 1958, in the Dare County Registry of Deeds. "(4) Considering any other issues deemed relevant by the Task Force that are related to the acquisition of Oregon Inlet and the real property adjacent thereto. "Section 3.2. The Task Force shall consist of the following 13 members: "(1) The Governor or the Governor's designee, who shall be chair. " (2) The Commissioner of Agriculture and Consumer Services or the Commissioner's designee. " (3) The Secretary of the Department of Administration or the Secretary's designee. "(4) The Secretary of the Department of Commerce or the Secretary's designee. "(5) The Secretary of the Department of Environment and Natural Resources or the Secretary's designee. "(6) The Secretary of the Department of Public Safety or the Secretary's designee. "(7) The Secretary of the Department of Transportation or the Secretary's designee. "(8) The Attorney General or the Attorney General's designee. "(9) Two members of the Senate appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate. "(10) Two members of the House of Representatives appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives. "(11) The chair of the Dare County Board of Commissioners or the chair's designee. "Section 3.3. The terms of the members appointed under Section 3.2 of this act shall commence on July 1, 2013. A vacancy on the Task Force shall be filled by the Governor, except that a vacancy in an appointment by the General Assembly shall be filled by the original appointing authority. "Section 3.4. The Task Force shall meet at the call of the Governor. All members of the Task Force are voting members. A majority of the members of the Task Force constitutes a quorum. "Section 3.5. Members of the Task Force shall receive no compensation for their service, but may receive per diem, travel, and subsistence allowances in accordance with G.S. 120-3.1, 138-5, and 138-6, as appropriate. No State funds shall be appropriated to the Task Force or to any State agency or department for the Task Force. "Section 3.6. The Department of Commerce shall provide staff to the Task Force. All State agencies and departments shall provide assistance to the Task Force upon request. "Section 3.7. By May 1, 2014, the Task Force shall submit a report detailing its findings and recommendations to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the General Assembly. The Task Force shall terminate upon the filing of the report required by this section. "Section 3.8. The federally owned property to be acquired by the State shall include all of the federal government's right, title, and interest in the real property, including submerged lands, located within the area described by connecting the following latitude and longitude points: Latitude: Longitude: 35.78867341400 -75.53323291600 35.78099563900 -75.52953510600 35.78178528500 -75.52513394400 35.78141354400 -75.52334019100 35.77887390700 -75.52025162500 35.77857436500 -75.51969654900 35.77781290800 -75.51900873900 35.77734893400 -75.51884305500 35.77110009400 -75.51641608800 35.76633568000 -75.51356516200 35.76116258500 -75.51036495800 35.75751496100 -75.50801176500 35.75608651600 -75.51228522200 35.75777480300 -75.51379949200 35.75860596900 -75.51451482100 35.75960484700 -75.51540263600 35.76100041400 -75.51665469900 35.76117351400 -75.51681019600 35.76212525300 -75.51767780700 35.76287562800 -75.51836186100 35.76316770200 -75.51862812200 35.76381492400 -75.51921814800 35.76415098700 -75.51955669900 35.76445468400 -75.51995078300 35.76485826900 -75.52059025200 35.76505577400 -75.52094720300 35.76528160600 -75.52142243500 35.76548548000 -75.52198988800 35.76556574300 -75.52341266800 35.76566877400 -75.52523906000 35.76454632200 -75.52902085700 35.76357138700 -75.53246190700 35.76337226200 -75.53339199600 35.76333441200 -75.53364756500 35.76332909000 -75.53390886900 35.76335819500 -75.53458675100 35.76341367100 -75.53498008200 35.76354478800 -75.53535025300 35.76361737400 -75.53547511500 35.76383009500 -75.53584104000 35.76425804000 -75.53655388200 35.76471137600 -75.53740653000 35.76502225800 -75.53875413900 35.76521060100 -75.54081681300 35.76523404100 -75.54194712400 35.76525043500 -75.54273769600 35.76526768700 -75.54353888100 35.76532715800 -75.54394387700 35.76541340600 -75.54428520100 35.76550080400 -75.54463107400 35.76577010000 -75.54534161500 35.76597248500 -75.54579049600 35.76632062300 -75.54620555000 35.76655164400 -75.54635947100 35.76725670200 -75.54660003000 35.76764041200 -75.54670534600 35.76795847900 -75.54670661900 35.77077784300 -75.54629895400 35.77115918300 -75.54624921300 35.77148150500 -75.54619720600 35.77234520600 -75.54605784500 35.77377517700 -75.54582711000 35.77469339200 -75.54566942900 35.77590248800 -75.54531166000 35.77673545200 -75.54571296000 35.77711645600 -75.54582301200 35.77742981800 -75.54581293600 35.77771608200 -75.54572387500 35.77791539100 -75.54559449800 35.77810904100 -75.54546879500 35.77904847600 -75.54478184500 35.77912430900 -75.54486803600 35.77981427400 -75.54534862400 35.78042966800 -75.54567367500 35.78135818100 -75.54600030500 35.78175635200 -75.54606539500 35.78221194600 -75.54612839200 35.78279713100 -75.54636296300 35.78378882800 -75.54668308800 35.78766932400 -75.54709605000 35.79082109200 -75.54691243300 35.79820587700 -75.54665906000 35.79859286600 -75.54249624600 35.80046065100 -75.53877586500 35.79408521600 -75.53252823100 35.79248815800 -75.53183764800 35.79151104100 -75.53197071600 35.78867341400 -75.53323291600 35.76886839300 -75.52536743000 35.76724598100 -75.52438052100 35.76805629700 -75.52240411900 35.76966632600 -75.52339266000 35.76886839300 -75.52536743000." Session Laws 2013-360, s. 14.11(a), (b), provides: "(a) The Director of the Division of Marine Fisheries of the Department of Environment and Natural Resources and the Director of the Wildlife Resources Commission shall develop and implement an agreement that includes at least all of the following provisions: "(1) Provisions to authorize the Division of Marine Fisheries marine patrol to perform any needed boating safety inspection. "(2) To avoid the duplication of enforcement activities by the Division of Marine Fisheries marine patrol and the Wildlife Resources Commission law enforcement officers, a schedule for high-volume areas that is developed to take into account that the Division of Marine Fisheries marine patrol must confine their enforcement activities to the coastal waters. "(3) To further encourage more efficient management of the State's resources, a protocol that sets forth appropriate circumstances when the Division of Marine Fisheries marine patrol is authorized or required to investigate boating accidents in coastal waters and within the joint jurisdiction of the Division of Marine Fisheries and the Wildlife Resources Commission. "(4) A provision to prohibit, except in the instances of investigations of boating accidents, the Division of Marine Fisheries from receiving any federal boating safety funds. "(5) A provision to provide mutual aid that authorizes the Division of Marine Fisheries marine patrol to enter into inland waters in winter to conduct a normal investigation of suspected illegal netting activity. "(b) No later than April 1, 2014, the Division of Marine Fisheries of the Department of Environment and Natural Resources and the Wildlife Resources Commission shall submit a joint report to the Senate Appropriations Committee on Natural and Economic Resources, the House of Representatives Appropriations Subcommittee on Natural and Economic Resources, and the Fiscal Research Division. The report shall include any findings and recommendations, including any legislative proposals. The report shall include findings regarding at least the following issues: "(1) Whether the agreement developed pursuant to subsection (a) of this section has been successful from the perspective of the Division of Marine Fisheries, the Wildlife Resources Commission and the public in clarifying enforcement activities and reducing the duplication of enforcement activities by the Division of Marine Fisheries marine patrol and the Wildlife Resources Commission law enforcement officers. "(2) As an alternative to the agreement developed under the provisions of subsection (a) of this section, whether it would be preferable to confer law enforcement powers upon the Division of Marine Fisheries marine patrol to authorize the Division of Marine Fisheries marine patrol to engage in enforcement activity related to only fisheries under the jurisdiction of the Division of Marine Fisheries or subject to the management of the Division of Marine Fisheries. "(3) Any other issue the Division of Marine Fisheries or the Wildlife Resources Commission deems pertinent to include in the report." Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'" Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium." Session Laws 2013-360, s. 38.5, is a severability clause. Session Laws 2014-100, s. 14.7(m), provides: "Notwithstanding the provisions of Chapter 146 of the General Statutes, Article 9A of Chapter 113A of the General Statutes, or any other provision of law, neither the Governor nor the Council of State shall be required to approve any conveyance, exchange, or condemnation made pursuant to this section. Notwithstanding any other provision of law, consultation with or reporting to the Joint Legislative Commission on Governmental Operations shall not be required prior to the conveyance, exchange, or condemnation, except as set forth in subsection (h) of this section." Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year." Session Laws 2014-100, s. 38.7, is a severability clause. Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium." Session Laws 2015-241, s. 33.6, is a severability clause. Session Laws 2016-23, s. 10, provides: "(a) Definition. - For purposes of this section, 'impacted location' shall mean any facility or property that has now been determined to be located in North Carolina as a result of a boundary certification recognized by the states of North Carolina and South Carolina, and, as a result, either of the following applies to the facility or property: "(1) It is required to obtain a permit, license, or approval from the North Carolina Department of Environmental Quality. "(2) It is subject to a permit, license, or approval program that is operated by a local government and is delegated from or approved by the North Carolina Department of Environmental Quality. "(b) Notwithstanding any other provision of law to the contrary, the Department of Environmental Quality, the Environmental Management Commission, or any local program delegated or approved by the Department or the Commission (collectively, the 'permitting authorities'), in issuing any environmental permit, license, or approval to an impacted location, shall provide a schedule of compliance that allows the recipient of the permit, license, or approval a period of no less than five years to come into compliance with any North Carolina environmental rule or standard established by the permitting authorities that (i) has no corresponding rule or standard under South Carolina law or regulation or (ii) is more stringent than the corresponding rule or standard established under South Carolina law or regulations. The permitting authorities may include increments of progress applicable in each year of the schedule established under this subsection. The owner or operator of an impacted location may waive the schedule of compliance required by this subsection. Nothing in this section is intended to limit the applicability or employment of existing procedures under North Carolina statutes and regulations granting waivers or variances from otherwise applicable environmental rules or standards." Session Laws 2016-23, s. 12(a), is a severability clause. Session Laws 2017-10, s. 3.7(a)-(c), provides: "(a) The Department of Environmental Quality shall study whether the size of riparian buffers required for intermittent streams should be adjusted and whether the allowable activities within the buffers should be modified. "(b) The Department of Environmental Quality shall study under what circumstances units of local government should be allowed to exceed riparian buffer requirements mandated by the State and the federal government. The Department shall also consider measures to ensure that local governments do not exceed their statutory authority for establishing riparian buffer requirements. In conducting this study, the Department shall consult with property owners and other entities impacted by riparian buffer requirements as well as local governments. "(c) The Department of Environmental Quality shall report the results of the studies required by this section, including any recommendations, to the Environmental Review Commission no later than December 1, 2017. For any recommendations made pursuant to the studies, the Department shall include specific draft language for any rule or statutory changes necessary to implement the recommendations." Session Laws 2017-10, s. 5.1, is a severability clause. Effect of Amendments. - Session Laws 2009-451, s. 13.1A, effective July 1, 2009, added subdivision (4), which contained a biannual reporting requirement. Session Laws 2011-145, s. 13.11, effective July 1, 2011, deleted subdivision (4), which contained a binannual reporting requirement. Session Laws 2015-241, s. 14.30(u), effective July 1, 2015, substituted "Department of Environmental Quality" for "Department of Environment and Natural Resources" in the section heading. Session Laws 2015-241, s. 14.30(kkk), effective July 1, 2015, repealed subdivision (2a), which read: "To provide and keep a museum or collection of the natural history of the State and to maintain the North Carolina Biological Survey; and."