North Carolina § 143B-279 - 3. Department of Environmental Quality - structure.

§ 143B-279. 3. Department of Environmental Quality - structure.

All functions, powers, duties, and obligations previously vested in the following subunits of the following departments are transferred to and vested in the Department of Environmental Quality by a Type I transfer, as defined in G.S. 143A-6: Radiation Protection Section, Division of Health Service Regulation, Department of Health and Human Services. , (3) Repealed by Session Laws 1997-443, s. 11A.6. All functions, powers, duties, and obligations previously vested in the following commissions, boards, councils, and committees of the following departments are transferred to and vested in the Department of Environmental Quality by a Type II transfer, as defined in G.S. 143A-6: Repealed by Session Laws 1993, c. 501, s. 27. Radiation Protection Commission, Department of Health and Human Services. Repealed by Session Laws 1997-443, s. 11A.6. Water Treatment Facility Operators Board of Certification, Department of Health and Human Services. to (8) Repealed by Session Laws 1997-443, s. 11A.6. Repealed by Session Laws 2002, ch. 70, s. 1, effective July 1, 2002. (c) (1) Repealed by Session Laws 2002, ch. 70, s. 1, effective July 1, 2002. There is created a division within the environmental area of the Department of Environmental Quality to be named the Division of Waste Management. All functions, powers, duties, and obligations of the Solid Waste Management Section of the Division of Health Services of the Department of Health and Human Services are transferred in their entirety to the Division of Waste Management of the Department of Environmental Quality. Repealed by Session Laws 2011-145, s. 13.3(i), effective July 1, 2011. The Department of Environmental Quality is vested with all other functions, powers, duties, and obligations as are conferred by the Constitution and laws of this State. (4) Coastal Management Division, Department of Natural Resources and Community Development. (5) Environmental Management Division, Department of Natural Resources and Community Development. (6) Repealed by Session Laws 2011-145, s. 13.25(b), effective July 1, 2011. (7) Land Resources Division, Department of Natural Resources and Community Development. (8) Marine Fisheries Division, Department of Natural Resources and Community Development. (9) Repealed by Session Laws 2015-241, s. 14.30( lll ), effective July 1, 2015. (10) Repealed by Session Laws 2011-145, s. 13.22A(c), effective July 1, 2011. (11) Water Resources Division, Department of Natural Resources and Community Development. (12) Repealed by Session Laws 2015-241, s. 14.30( lll ), effective July 1, 2015. (13) Albemarle-Pamlico Study. (14) Office of Marine Affairs, Department of Administration. (15) Environmental Health Section, Division of Health Services, Department of Health and Human Services. (9) Coastal Resources Commission, Department of Natural Resources and Community Development. (10) Environmental Management Commission, Department of Natural Resources and Community Development. (11) Air Quality Council, Department of Natural Resources and Community Development. (12) Wastewater Treatment Plant Operators Certification Commission, Department of Natural Resources and Community Development. (13) Repealed by Session Laws 2011-145, s. 13.25(e), effective July 1, 2011. (14) North Carolina Mining Commission, Department of Natural Resources and Community Development. (15) Advisory Committee on Land Records, Department of Natural Resources and Community Development. (16) Marine Fisheries Commission, Department of Natural Resources and Community Development. (17) Repealed by Session Laws 2015-241, s. 14.30( lll ), effective July 1, 2015. (18) Repealed by Session Laws 2013-360, s. 14.3(j), effective August 1, 2013. (19) Repealed by Session Laws 2015-241, s. 14.30( lll ), effective July 1, 2015. (20) Sedimentation Control Commission, Department of Natural Resources and Community Development. (21) Repealed by Session Laws 2011-145, s. 13.22A(d), effective July 1, 2011. (22) Repealed by Session Laws 2015-241, s. 14.30( lll ), effective July 1, 2015. (23) Repealed by Session Laws 1997-286, s. 6. History (1989, c. 727, s. 3; 1989 (Reg. Sess., 1990), c. 1004, s. 31; 1991, c. 342, ss. 16(a), (b); 1993, c. 321, ss. 28(a), (b); c. 501, s. 27; 1995 (Reg. Sess., 1996), c. 743, s. 20; 1997-286, s. 6; 1997-443, ss. 11A.6, 11A.123; 2002-70, s. 1; 2007-182, s. 1; 2011-145, ss. 13.3(i), 13.25(b), (e), 13.22A(c), (d); 2012-143, s. 1(d); 2013-360, s. 14.3(j); 2014-4, s. 5(c); 2015-241, s. 14.30(u), ( lll ).) Administrative Rules Governing Sanitation of Hospitals, Nursing Homes, Rest Homes, and Other Institutions. - Session Laws 2002-160, ss. 1-5, effective October 17, 2002, provide: "Notwithstanding G.S. 150B-21.3(b) , amendments to the following rules governing sanitation of hospitals, nursing homes, rest homes, and other institutions, adopted by the Commission for Health Services [now the Commission for Public Health] and approved by the Rules Review Commission on October 18, 2001, become effective March 1, 2003: 15A NCAC 18A.1301 (Definitions), 15A NCAC 18A.1302 (Approval of Plans), 15A NCAC 18A.1304 (Inspections), 15A NCAC 18A.1305 (Grading Residential Care Facilities in Institutions), 15A NCAC 18A.1306 (Public Display of Grade Card), 15A NCAC 18A.1307 (Reinspections), 15A NCAC 18A.1308 (Approved Institutions), 15A NCAC 18A.1309 (Floors), 15A NCAC 18A.1310 (Walls and Ceilings), 15A NCAC 18A.1312 (Toilet: Handwashing: Laundry: and Bathing Facilities), 15A NCAC 18A.1313 (Water Supply), 15A NCAC 18A.1314 (Drinking Water Facilities: Ice Handling), 15A NCAC 18A.1315 (Liquid Wastes), 15A NCAC 18A.1316 (Solid Wastes), 15A NCAC 18A.1317 (Vermin Control: Premises: Animal Maintenance), 15A NCAC 18A.1318 (Miscellaneous), 15A NCAC 18A.1319 (Furnishings and Patient Contact Items), 15A NCAC 18A.1320 (Food Service Utensils and Equipment), 15A NCAC 18A.1322 (Milk and Milk Products), 15A NCAC 18A.1323 (Food Protection), and 15A NCAC 18A.1324 (Employees). "Notwithstanding G.S. 150B-21.3(b) , 15A NCAC 18A.1327 (Incorporated Rules) adopted by the Commission for Health Services [now the Commission for Public Health] and approved by the Rules Review Commission on October 18, 2001 becomes effective March 1, 2003. "Notwithstanding G.S. 150B-21.3(b) , amendments to 15A NCAC 18A.1311 (Lighting, Ventilation and Moisture Control) and 15A NCAC 18A.1321 (Food Supplies) adopted by the Commission for Health Services [now the Commission for Public Health] and approved by the Rules Review Commission on November 15, 2001 become effective March 1, 2003. "The Division of Environmental Health [Division of Water Resources] of the Department of Environment and Natural Resources, with the assistance of local health departments, shall field test the amended rules listed in Sections 1 through 3 of this act by conducting trial inspections of a representative sample of facilities subject to the amended rules throughout the State. Trial inspections under the amended rules shall be performed during the period 1 October 2002 through 1 February 2003 in conjunction with the regular inspection of the representative sample of facilities under rules in effect during the field test period. A facility that is subject to a trial inspection shall not be liable for an enforcement action for any violation of an amended rule that is observed during a trial inspection but may be liable for an enforcement action under rules in effect during the field test period. The purposes of the field test shall be to determine what expenditures, if any, will be required of facilities in order to comply with the amended rules and whether the amended rules will result in lower inspection grades for facilities. As a part of the field test, the Division shall also review the amended rules, giving particular attention to applicable federal regulations and to the incorporation by reference of any other rules or standards in the amended rules, to determine whether the amended rules will result in any duplication or conflict in applicable requirements or standards and whether the amended rules will result in duplicative or conflicting inspection or enforcement policies or procedures. The Division of Environmental Health shall compile and analyze field test data to determine whether any of the amended rules should be revised. The Division shall report the results of the field test required by this section, any recommendations to the Commission for Health Services [now the Commission for Public Health] regarding revisions to the amended rules, and the status of any recommended rule revisions to the Environmental Review Commission on or before March 1, 2003. "The Division of Environmental Health of the Department of Environment and Natural Resources shall offer training to staff of facilities that are subject to the amended rules listed in Sections 1 through 3 of this act. Training shall be offered in the various regions of the State as appropriate and shall include information on the requirements of the amended rules, enforcement policies and procedures, and updated information as to any revisions to the amended rules that may be recommended as a result of the field test of the amended rules required by Section 4 of this act." Advisory Committee for the Coordination of Waterfront Access. - Session Laws 2007-485, s. 2.1, provides: "There is established the Advisory Committee for the Coordination of Waterfront Access within the Department of Environment and Natural Resources. The Advisory Committee shall be composed of the following members: "(1) The Secretary of Environment and Natural Resources or the Secretary's designee, Chair. "(2) The Director of the Division of Coastal Management of the Department of Environment and Natural Resources or the Director's designee. "(3) The Director of the Division of Parks and Recreation of the Department of Environment and Natural Resources or the Director's designee. "(4) The Director of the Division of Marine Fisheries of the Department of Environment and Natural Resources or the Director's designee. "(5) The Director of the Division of Aquariums of the Department of Environment and Natural Resources or the Director's designee. "(6) The Executive Director of the Wildlife Resources Commission or the Executive Director's designee. "(7) A representative of the State Property Office appointed by the Secretary of Administration. "(8) The Executive Director of North Carolina Sea Grant. "(9) One local government representative appointed by the North Carolina League of Municipalities. "(10) One local government representative appointed by the North Carolina Association of County Commissioners." Session Laws 2007-485, s. 2.2, provides: "The Advisory Committee for the Coordination of Waterfront Access shall: "(1) Develop a coordinated plan for providing greater waterfront access in the State. This plan shall specifically address geographic diversity of waterfront access, diversity of types of waterfront access, and funding for waterfront access. The entities represented on the Advisory Committee shall adhere to the plan to the maximum extent practicable. "(2) Develop recommendations for increasing and improving waterfront access in the State." Session Laws 2007-485, s. 2.3, provides: "The Advisory Committee shall report its progress in implementing this Part, including any recommendations developed pursuant to this Part, to the Joint Legislative Commission on Seafood and Aquaculture no later than October 1 of each year. The first report required by this section shall be submitted no later than October 1, 2008." Session Laws 2015-286, s. 4.12(f), effective October 22, 2015, repealed Session Laws 2007-485, s. 2.3. Administrative Improvements to the North Carolina Zoological Park Operations. - Session Laws 2009-329, s. 3.1, provides: "The Secretary of the Department of Environment and Natural Resources shall work with the North Carolina Zoological Park to do the following: "(1) Examine all purchasing and contracting policies and procedures. The Department shall identify opportunities for delegating purchasing and contracting responsibilities to the Park where appropriate. For purchases and contracts involving promotion and advertising, the Department shall consider increasing the amount over which the Park must solicit competitive bids or quotes to five thousand dollars ($5,000). "(2) Continue negotiations with the Office of Information Technology Services regarding the implementation of Article 3D of Chapter 147 of the General Statutes. "(3) Identify and address any other administrative concerns of the Park." Session Laws 2009-329, s. 3.2, provides: "The Secretary of the Department of Environment and Natural Resources shall review the current Memorandum of Understanding between the Department and the North Carolina Zoological Society. The Secretary shall work with the Society to make appropriate revisions to or replace the Memorandum, as needed." Session Laws 2009-329, s. 4, provides: "The Department of Environment and Natural Resources shall report to the North Carolina Zoological Park Funding and Organization Study Committee and to the Fiscal Research Division of the Legislative Services Office on the progress and implementation of Parts I and III of this act no later than January 15, 2010." Parts I and III of Session Laws 2009-329 refer to purchasing and contracting authority on behalf of the North Carolina Zoological Park and administrative improvements to the North Carolina Zoological Park Operations. Session Laws 2009-329, ss. 5.1 through 5.12, as amended by Session Laws 2010-152, s. 21, provide: "SECTION 5.1. Committee Established. - The North Carolina Zoological Park Funding and Organization Study Committee is hereby established. "SECTION 5.2. Membership. - The Committee shall consist of 22 members as follows: "(1) Five members of the Senate appointed by the President Pro Tempore of the Senate. "(2) Five members of the House appointed by the Speaker of the House of Representatives. "(3) The Secretary of Environment and Natural Resources, or the Secretary's designee. "(4) The Director of the Zoological Park, or the Director's designee. "(5) The Secretary of Commerce, or the Secretary's designee. "(6) The Executive Director of the Division of Tourism, Film and Sports Development of the Department of Commerce, or the Executive Director's designee. "(7) The Chair of the North Carolina Zoological Park Council, or the Chair's designee. "(8) The Chair of the board of directors of the North Carolina Zoological Society, Inc., or the Chair's designee. "(9) Two additional representatives of the Zoo Society Board, who may be comprised of current or former members, one appointed by the President Pro Tempore of the Senate upon recommendation of the Chair of the Zoo Society Board, one appointed by the Speaker of the House of Representatives upon recommendation of the Chair of the Zoo Society Board. "(10) Two representatives from the public at large appointed by the President Pro Tempore of the Senate. "(11) Two representatives from the public at large appointed by the Speaker of the House of Representatives. "SECTION 5.3. Cochairs. - The Committee shall have three cochairs, one designated by the President Pro Tempore of the Senate and two designated by the Speaker of the House of Representatives from among their respective appointees. The Committee shall meet upon the call of the cochairs. "SECTION 5.4. Quorum. - A quorum of the Committee shall consist of 10 members. "SECTION 5.5. Vacancies. - Any vacancy on the Committee shall be filled by the original appointing authority. "SECTION 5.6. Purpose and Duties. - The Committee shall study: (i) funding issues associated with the Zoological Park, including current and expected capital and operational needs, current sources of revenue, and potential funding mechanisms; and (ii) the current organizational structure of the Zoological Park, and other potential organizational structures, including, but not limited to, reorganization as an authority, as a private nonprofit corporation, or other entity to determine which organizational structure would most effectively achieve the mission of the Zoological Park. "SECTION 5.7. Expenses of Members. - Members of the Committee shall receive per diem, subsistence, and travel allowances in accordance with G.S. 120-3.1, 138-5, or 138-6, as appropriate. "SECTION 5.8. Staff. - Upon the prior approval of the Legislative Services Commission, the Legislative Services Officer shall assign professional staff to the Committee to aid in its work. "SECTION 5.9. Consultants. - The Committee may hire consultants to assist with the study as provided in G.S. 120-32.02(b). "SECTION 5.10. Meetings. - The Committee may meet in the Legislative Building or the Legislative Office Building upon the approval of the Legislative Services Commission. "SECTION 5.11. Report. - The Committee shall report its findings and recommendations to the 2011 Regular Session of the 2011 General Assembly and the Environmental Review Commission on or before December 31, 2010, at which time the Committee shall terminate. "SECTION 5.12. Funding. - From funds appropriated to the General Assembly, the Legislative Services Commission shall allocate funds for the purpose of conducting the study provided for in this act." Geographic Information Consolidation. - Session Laws 2009-451, s. 6.8, as amended by Session Laws 2009-575, s. 3C, provides: "(a) Findings. - The General Assembly finds that there is a critical need for consolidating the investments made in geographic information systems and developing common infrastructures in order for the State to reap all the potential benefits of geographic information systems at the lowest cost. "(b) Implementation Plan. - The recommendations outlined in the 2008 legislative report prepared by the State Chief Information Officer, the Geographic Information Coordinating Council, and the Office of State Budget and Management, made pursuant to Section 6.13 of S.L. 2008-107, entitled 'State Geographic Information Consolidation Implementation Plan,' shall be implemented in four distinct work streams, as follows: "(1) Transferring the Center for Geographic Information and Analysis to the Office of the State Chief Information Officer and establishing appropriated funding for staff activities supporting the Geographic Information Coordinating Council, statewide standards, and the coordination of data acquisition. "(2) Reestablishing the professional services component and refocusing that effort toward current needs of the community while reducing those overhead costs. "(3) Revitalizing the NC OneMap project by leveraging new technology in the market to reduce costs while increasing utility of the service. "(c) Transfers of Agencies, Powers, Duties. - The statutory authority, powers, duties, functions, records, personnel, property, and unexpended balances of appropriations, allocations, or other funds of the State agencies and subunits listed in this subsection are transferred from those entities to the State Chief Information Officer, Office of Information Technology Services, with all of the elements of a Type II transfer as defined by G.S. 143A-6: "(1) The North Carolina Geographic Information Coordinating Council. "(2) The Center for Geographic Information and Analysis. "The Center for Geographic Information and Analysis shall remain in its current office space unless the State Chief Information Officer determines otherwise. "(d) Center for Geographic Information and Analysis Coordination. - The State Chief Information Officer shall coordinate a professional services component for geographic information systems coordination with the Center for Geographic Information and Analysis that is refocused toward current community needs. "(e) North Carolina Geographic Information Coordinating Council Coordination. - The State Chief Information Officer, in cooperation with the North Carolina Geographic Information Coordinating Council, shall coordinate the refocusing of the NC OneMap geographic information systems infrastructure project to leverage new technology, to increase the utility of geographic information systems services, and to reduce geographic information systems data layer costs through singly managed contracts. "(f) Information Technology Fund. - The Information Technology Fund shall be used for the purpose of acquiring and managing, at the lowest cost, data layers useful to multiple State and local organizations, according to the priorities set by the North Carolina Geographic Information Coordinating Council. The Information Technology Fund may receive private grants and may include State, federal, local, and matching funds. Any funding received for GIS may be used only for that purpose. "(g) Geographic Information Systems Funding. - Of the funds appropriated in this act to the Information Technology Fund, the sum of seven hundred forty thousand dollars ($740,000) for the 2009-2010 fiscal year and the sum of seven hundred forty thousand dollars ($740,000) for the 2010-2011 fiscal year shall be used to effectuate the transfer of the Center for Geographic Information and Analysis, including the cost of moving personnel positions, as provided by this act. "(h) ESRI License Funding. - The State Chief Information Officer (i) shall use up to the sum of six hundred thousand dollars ($600,000) from funding appropriated to the Information Technology Fund during the 2009-2010 fiscal year to support ESRI licenses for State agencies and (ii) may use anticipated carryforward from fiscal year 2009-2010 to provide the funding for those licensing fees. The State Chief Information Officer shall not charge subscription fees to fund ESRI licenses." Abolishment of Vector Control Program and Tick Control Program. - Session Laws 2011-145, s. 13.3(a), provides: "The Vector Control Program and the Tick Control Program within the Division of Environmental Health of the Department of Environment and Natural Resources are abolished. Further, any equipment that the State loaned to any local health department as part of the Vector Control Program that is in the possession of the local health department shall be retained by that local health department, and the ownership of that equipment shall be transferred from the State to that local health department." Transfer of Grade "A" Milk Sanitation Program. - Session Laws 2011-145, s. 13.3(b), provides: "All functions, powers, duties, and obligations previously vested in the Grade "A" Milk Sanitation Program within the Division of Environmental Health of the Department of Environment and Natural Resources are transferred to and vested in the Food and Drug Protection Division of the Department of Agriculture and Consumer Services by a Type I transfer, as defined in G.S. 143A-6." Transfer of Sleep Products Program. - Session Laws 2011-145, s. 13.3(c), provides: "All functions, powers, duties, and obligations previously vested in the Sleep Products Program within the Public Health Pest Management Section of the Division of Environmental Health of the Department of Environment and Natural Resources are transferred to and vested in the Department of Agriculture and Consumer Services by a Type I transfer, as defined in G.S. 143A-6." Transfer of Certain Sections from Division of Environmental Health in the Department of Environment and Natural Resources to the Division of Public Health in the Department of Health and Human Services. - Session Laws 2011-145, s. 13.3(d), provides: "The following sections of the Division of Environmental Health that support programs implemented through local health departments and programs primarily focused on food safety and other public health concerns are, subject to subsection (b) of this section, transferred from the Department of Environment and Natural Resources to the Division of Public Health of the Department of Health and Human Services with all the elements of a Type I transfer, as defined by G.S. 143A-6: "(1) Environmental Health Services Section. "(2) On-Site Water Protection Section. "(3) Office of Education and Training." Transfer of Radiation Protection Section. - Session Laws 2011-145, s. 13.3(e), as amended by Session Laws 2011-391, s. 27(a), provides: "All functions, powers, duties, and obligations previously vested in the Radiation Protection Section within the Division of Environmental Health of the Department of Environment and Natural Resources are transferred to and vested in the Division of Health Service Regulation of the Department of Health and Human Services by a Type I transfer, as defined in G.S. 143A-6." Transfer of Public Water Supply Section. - Session Laws 2011-145, s. 13.3(f), provides: "The Public Water Supply Section of the Division of Environmental Health of the Department of Environment and Natural Resources shall be transferred to the Division of Water Resources of the Department of Environment and Natural Resources with all the elements of a Type I transfer, as defined by G.S. 143A-6." Transfer of Shellfish Sanitation and Recreational Water Quality Section. - Session Laws 2011-145, s. 13.3(g), provides: "The Shellfish Sanitation and Recreational Water Quality Section of the Division of Environmental Health of the Department of Environment and Natural Resources shall be transferred to the Division of Marine Fisheries of the Department of Environment and Natural Resources with all the elements of a Type I transfer, as defined by G.S. 143A-6." Abolishment of Division of Environmental Health and Public Health Pest Management Section. - Session Laws 2011-145, s. 13.3(h), provides: "The Division of Environmental Health of the Department of Environment and Natural Resources is abolished, and the Public Health Pest Management Section of the Division of Environmental Health of the Department of Environment and Natural Resources is abolished." Transfer of Forestry Division and Forestry Council. - Session Laws 2011-145, s. 13.25(a), provides: "The Division of Forest Resources is transferred from the Department of Environment and Natural Resources to the Department of Agriculture and Consumer Services with all the elements of a Type I transfer as defined by G.S. 143A-6." Session Laws 2011-145, s. 13.25(d), provides: "All functions, powers, duties, and obligations previously vested in the Forestry Council are transferred from the Department of Environment and Natural Resources to and vested in the Department of Agriculture and Consumer Services by a Type II transfer, as defined in G.S. 143A-6." Session Laws 2011-145, s. 13.25(yy), provides: "The transfers under this section become effective July 1, 2011, and funds transferred shall be net of any changes enacted by this section." Session Laws 2011-145, s. 13.25(zz), provides: "Any references in this act to the Division of Forest Resources of the Department of Environment and Natural Resources shall be construed to refer to the Division of Forest Resources of the Department of Agriculture and Consumer Services. Any references in this act to the Forestry Council of the Department of Environment and Natural Resources shall be construed to refer to the Forestry Council of the Department of Agriculture and Consumer Services." Transfer of Division of Soil and Water Conservation and Soil and Water Conservation Commission. - Session Laws 2011-145, s. 13.22A(a) and (b), provides: "(a) The Division of Soil and Water Conservation is transferred from the Department of Environment and Natural Resources to the Department of Agriculture and Consumer Services with all the elements of a Type I transfer, as defined by G.S. 143A-6. "(b) All functions, powers, duties, and obligations previously vested in the State Soil and Water Conservation Commission are transferred to and vested in the Department of Agriculture and Consumer Services by a Type II transfer, as defined in G.S. 143A-6." Transfer of Geodetic Survey Section. - Session Laws 2012-142, s. 12.4(a), provides: "All functions, powers, duties, and obligations previously vested in the Geodetic Survey Section of the Division of Land Resources of the Department of Environment and Natural Resources are transferred to and vested in the Division of Emergency Management of the Department of Public Safety by a Type I transfer, as defined in G.S. 143A-6." Session Laws 2012-142, s. 12.4(g), provides: "Notwithstanding G.S. 147-33.83, the North Carolina Geodetic Survey Section shall continue to provide free of charge to the Department of Environment and Natural Resources the services provided by the Section to the Department on or prior to the effective date of this act, including the following: "(1) Surveying assistance and expertise, including all of the following: "a. Review of survey plats related to development proposals, remediation activities, and redevelopment of contaminated sites. "b. Establishment of oyster lease boundaries. "c. Surveys of submerged lands. "d. Survey activities required to establish the location of mean high water. "(2) Providing surveying assistance and expertise to the Department of Justice related to DENR cases, including expert testimony in administrative contested cases or judicial proceedings. "(3) Providing technical training and assistance to DENR agencies in surveying and in the use of GPS and GPS software. "(4) Reviewing proposed purchases of GPS equipment by DENR agencies. (5) Surveying lands managed by or lands proposed for acquisition by DENR agencies." Session Laws 2012-142, s. 12.4(h), provides: "The Revisor of Statutes shall make the conforming statutory changes necessary to reflect the transfer under this section. The Revisor of Statutes may, where necessitated by this section, correct any reference in the General Statutes and make any other conforming changes." Session Laws 2012-142, s. 12.4(i), provides: "Any references in this act to the North Carolina Geodetic Survey Section of the Division of Land Resources of the Department of Environment and Natural Resources shall be construed to refer to the North Carolina Geodetic Survey Section of the Division of Emergency Management of the Department of Public Safety." 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. - The name of the Air Quality Council, referred to in subdivision (b)(11), has been changed to the Small Business Environmental Advisory Panel by Session Laws 2005-386, s. 8.2, effective September 13, 2005. Session Laws 2000-67, s. 23, effective July 1, 2000, consolidates the Office of State Budget and Management and the Office of State Planning into the Office of State Budget, Planning, and Management under the Office of the Governor. The Department of Environment and Natural Resources is to transfer the responsibility for development of topographic mapping through a cooperative agreement with the U.S. Geological Survey and funds to match federal funding under the agreement from the Division of Land Resources to the Office of State Budget, Planning, and Management. Session Laws 2000-67, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2000'." Session Laws 2000-67, s. 28.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2000-2001 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2000-2001 fiscal year." Session Laws 2000-67, s. 28.4, is a severability clause. Session Laws 2009-451, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2009'." Session Laws 2009-451, s. 28.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2009-2011 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2009-2011 fiscal biennium." Session Laws 2009-451, s. 28.5, is a severability clause. Session Laws 2010-31, s. 13.1(a), provides: "The Division of Environmental Assistance and Outreach is established as a new division within the environmental area of the Department of Environment and Natural Resources. All functions, powers, duties, and obligations previously vested in the following subunits of the Department of Environment and Natural Resources are transferred to, vested in, and consolidated within the Division of Environmental Assistance and Outreach by a Type I transfer, as defined in G.S. 143A-6: "(1) The Customer Service Center. "(2) The Division of Pollution Prevention and Environmental Assistance. "(3) The Small Business Ombudsman." Session Laws 2010-31, s. 13.1(g), provides: "The Revisor of Statutes shall make any other conforming statutory changes necessary to reflect the transfer under subsection (a) of this section that are not included in this section." Session Laws 2010-31, s. 13.1A(a), provides: "The Office of Environmental Education and Public Affairs is established as a new office within the administrative area of the Department of Environment and Natural Resources. All functions, powers, duties, and obligations previously vested in the following offices of the Department of Environment and Natural Resources are transferred to, vested in, and consolidated within the Office of Environmental Education and Public Affairs by a Type I transfer, as defined in G.S. 143A-6: "(1) North Carolina Office of Environmental Education. "(2) Office of Public Affairs." Session Laws 2010-31, s. 13.1A(f), provides: "The Revisor of Statutes shall make any other conforming statutory changes that are necessary to reflect the transfers under subsection (a) of this section." Session Laws 2010-31, s. 13.1B, provides: "The Office of Conservation, Planning, and Community Affairs is established as a new office within the Office of the Secretary of Environment and Natural Resources of the Department of Environment and Natural Resources. All functions, powers, duties, and obligations previously vested in the following subunits of the Department of Environment and Natural Resources are transferred to, vested in, and consolidated within the Office of Conservation, Planning, and Community Affairs by a Type I transfer, as defined in G.S. 143A-6: "(1) Office of Conservation and Community Affairs. "(2) Office of Public Affairs." Session Laws 2010-31, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2010'." Session Laws 2010-31, s. 32.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2010-2011 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2010-2011 fiscal year." Session Laws 2010-31, s. 32.6, is a severability clause. Session Laws 2011-145, s. 13.3(www), provides: "The transfers under this section become effective July 1, 2011, and funds transferred shall be net of any changes enacted by this section. Any references in this act to any program, office, section, division, or department that is transferred under this section shall be construed to be consistent with the transfer under this section." Session Laws 2011-145, s. 13.4(a)-(c), as amended by Session Laws 2013-413, s. 57(ee), provides: "(a) The purposes of this section are (i) to assure that the Groundwater Investigation Unit well drilling staff are fully utilized by establishing a procedure whereby the Groundwater Investigation Unit may bid to contract to provide well drilling services to other divisions of the Department of Environment and Natural Resources and by providing funding support by these divisions for the Unit's costs and travel expenses and (ii) to reduce the need for the Department of Environment and Natural Resources to enter into contracts with private well drilling companies. "(b) During the 2011-2012 fiscal year and the 2012-2013 fiscal year, the Groundwater Investigation Unit of the Division of Water Resources of the Department of Environment and Natural Resources shall bid to contract to perform well drilling services for any division within the Department of Environment and Natural Resources that needs to have wells drilled to monitor groundwater, as part of remediating a contaminated site, or as part of any other division or program responsibility, except for a particular instance when this would be impracticable. The provisions of Article 3 of Chapter 143 of the General Statutes apply to any contract entered into under this section. "(c) The terms of any contract entered into under this section may include a provision whereby the division within the Department of Environment and Natural Resources that contracts for the well drilling services of the Groundwater Investigation Unit may use available receipts for the 2011-2012 fiscal year and for the 2012-2013 fiscal year, as applicable, for the costs of the Groundwater Investigation Unit well drilling staff that are incurred to perform the well drilling services under the contract." Session Laws 2011-145, s. 13.18B, provides: "(a) The Division of Marine Fisheries of the Department of Environment and Natural Resources [Agriculture and Consumer Services] shall use mechanics employed by the Division of Forest Resources of the Department of Environment and Natural Resources for the purpose of performing aircraft maintenance for all aircraft of the Division of Marine Fisheries except for a particular instance when this would be impracticable. "(b) The Division of Forest Resources of the Department of Environment and Natural Resources shall perform aircraft maintenance using its mechanics for all aircraft of the Division of Marine Fisheries, except for a particular instance when this would be impracticable. The Division of Forest Resources shall develop a process to establish priorities for the aviation maintenance needs of all the aircraft in both the Division of Forest Resources and the Division of Marine Fisheries." Session Laws 2011-145, s. 13.25A(a)-(d), provides: "(a) Concurrently with the transfer under this act of the Division of Forest Resources and the Division of Soil and Water Conservation from the Department of Environment and Natural Resources to the Department of Agriculture and Consumer Services, the Department of Environment and Natural Resources shall transfer at least four vacant positions in the Department of Environment and Natural Resources to the Department of Agriculture and Consumer Services to be reclassified by the Department of Agriculture and Consumer Services for the central business office of the Department of Agriculture and Consumer Services. The Department of Environment and Natural Resources, the Department of Agriculture and Consumer Services, the Office of State Budget and Management, and the Office of State Personnel shall jointly determine if any additional positions from the Department of Environment and Natural Resources should be transferred to the Department of Agriculture and Consumer Services due to the transfer of the Division of Forest Resources and the Division of Soil and Water Conservation from the Department of Environment and Natural Resources to the Department of Agriculture and Consumer Services under this section. "(b) The Attorney General shall continue to provide legal counsel and legal support to the Division of Forest Resources and the Division of Soil and Water Conservation after these divisions are transferred from the Department of Environment and Natural Resources to the Department of Agriculture and Consumer Services under this act. "(c) Subsequent to the transfer of the Division of Forest Resources and the Division of Soil and Water Conservation from the Department of Environment and Natural Resources to the Department of Agriculture and Consumer Services under this act, the Division of Forest Resources and the Division of Soil and Water Conservation, including the staff and equipment of these two divisions, may continue to occupy the office space that these two divisions occupied prior to the transfer under this act, and the Department of Environment and Natural Resources shall cooperate with this continued use of the office space. "(d) The Department of Environment and Natural Resources and the Department of Agriculture and Consumer Services shall enter into a memorandum of understanding concerning the sharing of existing databases and any software programs used in the administration of the programs of the Division of Forest Resources and the Division of Soil and Water Conservation and any other matters addressed in this section in order to assure the uninterrupted continuation of services under these programs during and after the transfer of the Division of Forest Resources and the Division of Soil and Water Conservation from the Department of Environment and Natural Resources to the Department of Agriculture and Consumer Services under this act." Session Laws 2011-145, s. 14.11(a), provides: "The Grassroots Science Program within the Department of Environment and Natural Resources is transferred to the Department of Commerce." Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2011-145, s. 32.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2011-2013 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2011-2013 fiscal biennium." Session Laws 2011-145, s. 32.5, is a severability clause. Session Laws 2011-394, s. 21, as amended by Session Laws 2013-413, s. 57(ff), provides: "In order to ensure the ongoing delivery of services by the nonpoint source pollution control programs of the Division of Forest Resources and the Division of Soil and Water Conservation, the Division of Water Resources in the Department of Environment and Natural Resources shall transfer Clean Water Act (CWA) Section 319 Nonpoint Source Management Program Base Grant funds to the Division of Forest Resources and Division of Soil and Water Conservation, where consistent with the federal grant program requirements, in an amount that is no less than the average annual amount of funding received by each of those two Divisions over the two most-recent fiscal bienniums. In the event that the level of Section 319 base grant funds received by the Department of Environment and Natural Resources by the United States Environmental Protection Agency is increased or decreased in any funding cycle, the level of funding received by the Division of Forest Resources and the Division of Soil and Water Conservation shall be adjusted proportionally. Section 319 Nonpoint Source Management Program Competitive Grant funds shall consider water quality benefit and be distributed in a fair and equitable manner based on the grant requirements and the benefit. The Division of Water Resources will establish a Workgroup of Nonpoint Source Agencies, including the Division of Forest Resources and the Division of Soil and Water Conservation, which will consider the competitive grant project proposals. The Workgroup will be given full input to the project funding decisions." Session Laws 2012-142, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2012.'" Session Laws 2012-142, s. 27.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2012-2013 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2012-2013 fiscal year." Session Laws 2012-142, s. 27.7, is a severability clause. Session Laws 2012-143, s. 1(e), provides: "The Division of Land Resources of the Department of Environment and Natural Resources is hereby renamed the Division of Energy, Mineral, and Land Resources." Session Laws 2013-360, s. 14.21(a), provides: "The Division of Water Infrastructure is established as a new division within the environmental area of the Department of Environment and Natural Resources. All functions, powers, duties, and obligations previously vested in the Division of Water Quality of the Department of Environment and Natural Resources pertaining to the implementation and administration of Chapter 159G of the General Statutes are transferred to and vested in the Division of Water Infrastructure by a Type II transfer, as defined in G.S. 143A-6. All functions, powers, duties, and obligations previously vested in the Division of Water Resources of the Department of Environment and Natural Resources pertaining to the implementation and administration of Chapter 159G of the General Statutes are transferred to and vested in the Division of Water Infrastructure by a Type II transfer, as defined in G.S. 143A-6. The Water Infrastructure Fund established under G.S. 159G-22 and all accounts within the Water Infrastructure Fund under G.S. 159G-22 shall be transferred to and administered by the Division of Water Infrastructure. In addition to its other duties set forth in Chapter 159G, the Division of Water Infrastructure shall be responsible for administering the program whereby local government units are awarded funds by the State Water Infrastructure Authority created by this section for infrastructure projects from community development block grant funds." 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 2013-413, s. 57(a), provides: "The Department of Environment and Natural Resources shall combine the Division of Water Quality and the Division of Water Resources to create a new Division of Water Resources." Session Laws 2014-4, s. 5(c), provides: "The Revisor of Statutes shall make the conforming statutory changes necessary to the General Statutes to reflect renaming of the Mining and Energy Commission to the Mining Commission, effective August 1, 2015, as provided in this section." Pursuant to this authority, "North Carolina Mining Commission" was substituted for "North Carolina Mining and Energy Commission" in subdivision (b)(14). Session Laws 2014-4, s. 31(a), 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. Effect of Amendments. - Session Laws 2007-182, s. 1, effective July 5, 2007, substituted "Division of Health Service Regulation" for "Division of Facility Services" in subdivision (a)(1). Session Laws 2011-145, ss. 13.3(i), 13.22A(c) and (d), and 13.25(b) and (e), effective July 1, 2011, deleted subdivision (a)(6), which read: "Forest Resources Division, Department of Natural Resources and Community Development"; deleted subdivision (a)(10), which read: "Soil and Water Conservation Division, Department of Natural Resources and Community Development"; deleted subdivision (b)(13), which read: "Forestry Council, Department of Natural Resources and Community Development"; deleted subdivision (b)(21), which read: "State Soil and Water Conservation Commission, Department of Natural Resources and Community Development"; and deleted subdivision (c)(3), which created the Division of Environmental Health and transferred powers of Division of Environmental Health and Division of Radiation Protection. Session Laws 2012-143, s. 1(d), effective August 1, 2012, substituted "Mining and Energy Commission" for "Mining Commission" in subdivision (b)(14). Session Laws 2013-360, s. 14.3(j), effective August 1, 2013, repealed subdivision (b)(18). Session Laws 2015-241, s. 14.30(u), ( lll ), effective July 1, 2015, substituted "Department of Environmental Quality" for "Department of Environment and Natural Resources" in the section heading and everywhere it appears in the section; and repealed subdivisions (a)(9) and (a)(12) and subdivisions (b)(17), (b)(19) and (b)(22).