North Carolina 2017-2018 Session Status: Enacted 1 R cosponsors

SB 107 — Streamline Dam Removal.

Last action — Signed by Gov. 7/20/2017

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 16, 2017. Enacted.

Prognosis

Likely to advance 78% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    2 primary, 2 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

241 added · 200 removed

Plain-language change summary

The latest version of Senate Bill 107 has removed some outdated administrative references from the previous draft, such as the filing date and previous version identifiers. This change helps streamline the bill by focusing on the current and relevant information, which can make it clearer and easier to follow for lawmakers and the public. This is important because it allows for a more efficient legislative process by eliminating unnecessary clutter in the bill's documentation.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 S 2 SENATE BILL 107 Agriculture/Environment/Natural Resources Committee Substitute Adopted 4/20/17 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 S 1 SENATE BILL 107 Short Title:
Senators Wells, Gunn, B.
Jackson (Primary Sponsors);
and Woodard.
February 20, 2017 A BILL TO BE ENTITLED AN ACT TO REMOVE SAFETY HAZARDS AND RESTORE NORTH CAROLINA'S NATURAL RIVERINE RESOURCES BY FACILITATING THE REMOVAL OF OBSOLETE AND UNWANTED DAMS.
Rules and Operations of the Senate February 20, 2017 A BILL TO BE ENTITLED AN ACT TO REMOVE SAFETY HAZARDS AND RESTORE NORTH CAROLINA'S NATURAL RIVERINE RESOURCES BY FACILITATING THE REMOVAL OF OBSOLETE AND UNWANTED DAMS.
– The removal of a low or intermediate hazard dam that (i) is not operated primarily for flood control or hydroelectric power generation purposes and (ii) is designed and supervised by a qualified engineer.
– The removal of a dam that (i) is not operated primarily for flood control or hydroelectric power generation purposes and (ii) is designed and supervised by a qualified engineer.
143-215.26 in the case of *S107-v-2* General Assembly Of North Carolina Session 2017 original construction.
143-215.26 in the case of original construction.
… (c) A professionally supervised dam removal is not subject to the procedures set forth in subsection (a) of this section, provided that the dam removal complies with all of the following:
...
(1) A qualified engineer determines, based on good engineering practices, that the removal of the dam can be accomplished safely, certifies that the dam is a low or intermediate hazard dam, and the removal plan reflects (i) the geomorphology of the streambed upriver and downriver from the dam site and (ii) the most desirable longitudinal profile for the post-removal stream channel that will minimize physical impacts on riparian landowners.
*S107-v-1* General Assembly Of North Carolina Session 2017 (c) A professionally supervised dam removal is not subject to the procedures set forth in this section, provided that the person proposing to remove the dam complies with all of the following:
(2) The person who proposes to remove the dam notifies the director of the Division of Energy, Mineral, and Land Resources of the Department of the proposed removal no less than 60 days prior to removal.
(1) A qualified engineer determines based on good engineering practices that the removal of the dam can be accomplished safely and the removal plan reflects (i) the geomorphology of the streambed upriver and downriver from the dam site and (ii) the most desirable longitudinal profile for the post-removal stream channel that will minimize physical impacts on riparian landowners.
The notice shall include information identifying the dam, including the stream and county where the dam is located, the dam's height and impoundment capacity, a map showing the dam location and vicinity, the qualified engineer's name and North Carolina license number, and a notarized certification from the owner of the dam that the dam is a low or intermediate hazard dam not currently operated for the purposes of flood control or hydroelectric power generation.
(2) The person notifies the director of the Division of Energy, Mineral, and Land Resources of the Department of the proposed removal no less than 30 days prior to removal.
The notice shall include information identifying the dam, including the stream and county where the dam is located, the dam's height and impoundment capacity, a map showing the dam location and vicinity, and a certification from the owner of the dam that the dam is currently not operated for the purposes of flood control or hydroelectric power generation.
(3) The person who proposes to remove the dam notifies the North Carolina Floodplain Mapping Program of the Department of Public Safety, the North Carolina Department of Transportation, adjacent property owners of the dam and reservoir, and all impacted local governments of the proposed removal no less than 60 days prior to removal.
(3) The person notifies the North Carolina Floodplain Mapping Program of the Department of Public Safety and all impacted local governments of the dam removal.
The notice shall include a qualified engineer's determination that (i) the removal plan for the dam is based on the criteria set forth in subdivision (1) of this subsection and (ii) the removal will lower or maintain water levels above the location of the dam and will not cause an increase in the risk of flood damage or impacts to downstream bridges or road crossings.
The notice shall include a qualified engineer's determination of (i) the removal plan for the dam based on the criteria set forth in subdivision (1) of this subsection and (ii) that the removal will lower or maintain water levels above the location of the dam and will not cause an increase in the risk of flood damage.
For purposes of the notice required by this subdivision, an "impacted local government" shall mean any unit of local government that could experience changes to its base floodplain, as defined in G.S.
For purposes of the notice required by this subdivision, an "impacted local government" shall mean any unit of local government that could experience changes to its base floodplain (as defined in G.S.
143-215.54, as a result of the dam removal." SECTION 1.(c) G.S.
143-215.54) as a result of the dam removal." SECTION 1.(c) G.S.
143-215.3(a)(1a), the Commission may establish a fee schedule for processing applications for approvals of construction or removal of dams issued under this Part.
143-215.3(a)(1a), the Commission may establish a fee schedule for processing (i) applications for approvals of construction or removal of dams issued under this Part.Part and (ii) notifications of professionally supervised dam removals under G.S.
In establishing the fee schedule, the Commission shall consider the administrative and personnel costs incurred by the Department for processing the applications and for related compliance activities.
143-215.27(c).
In establishing the fee schedule, the Commission shall consider the administrative and personnel costs incurred by the Department for processing the applications and notifications and for related compliance activities.
The fee for notification of a professionally supervised dam removal under G.S.
A fee for notification of professionally supervised dam removals under G.S.
143-215.27(c)(1) shall be five hundred dollars ($500.00) and shall be paid to the Department.
143-215.27(c) may not exceed the lesser of one half percent (0.5%) of the actual cost of removal or five hundred dollars ($500.00).
…." Page 2 Senate Bill 107-Second Edition General Assembly Of North Carolina Session 2017 SECTION 1.(d) G.S.
...." SECTION 1.(d) G.S.
… (d1) The requirements of this section shall not apply to a professionally supervised dam removal under G.S.
...
Page 2 Senate Bill 107-First Edition General Assembly Of North Carolina Session 2017 (d1) The requirements of this section shall not apply to a professionally supervised dam removal under G.S.
… (d) The Department may prepare a floodplain map that identifies the 100-year floodplain and base flood elevations for an area for the purposes of this Part if all of the following conditions apply:
...
(d) The Department may prepare a floodplain map that identifies the 100-year floodplain and base flood elevations for an area for the purposes of this Part if all of the following conditions apply:
143-215.27(c) shall not be required to submit a Letter of Map Revision to the Department." Senate Bill 107-Second Edition Page 3 General Assembly Of North Carolina Session 2017 STREAMLINE ENVIRONMENTAL PERMITTING OF DAM REMOVAL SECTION 2.(a) G.S.
143-215.27(c) shall not be required to submit a Letter of Map Revision to the Department." PRIVATE DUTY TO INSPECT SECTION 2.(a) G.S.
143-215.32(a) and G.S.
143-215.32(a1) are recodified as G.S.
143-215.32(a1) and G.S.
143-215.32(a2).
SECTION 2.(b) G.S.
143-215.32, as recodified by subsection (a) of this section, reads as rewritten:
"§ 143-215.32.
Inspection of dams.
(a) The owner of any dam regulated under this Part, and the owner's heirs, successors, or assigns shall be responsible for regularly inspecting the dam to insure its safety and proper Senate Bill 107-First Edition Page 3 General Assembly Of North Carolina Session 2017 operation and maintenance.
The inspection shall be performed by an engineer licensed as a professional engineer under Chapter 89C of the General Statutes, and a report shall be submitted to the Department within 30 days of the inspection.
The Department shall specify by rule the inspection frequency, protocol, and reporting format.
(a1) The Nothing in this section is intended to limit the power of the Department may at any time to inspect any dam, including a dam that is otherwise exempt from this Part, upon receipt of a written request of any affected person or agency, or upon a motion of the Environmental Management Commission.
Within the limits of available funds the Department shall endeavor to provide for inspection of all dams at intervals of approximately five years.
Show all 68 changed rows (28 more)
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...
(b) If the Department upon inspection or upon receipt of a report required by this section finds that any dam is not sufficiently strong, is not maintained in good repair or operating condition, is dangerous to life or property, or does not satisfy minimum streamflow requirements, the Department shall present its findings to the Commission and the Commission may issue an order directing the owner or owners of the dam to make at his or her expense maintenance, alterations, repairs, reconstruction, change in construction or location, or removal as may be deemed necessary by the Commission within a time limited by the order, not less than 90 days from the date of issuance of each order, except in the case of extreme danger to the safety of life or property, as provided by subsection (c) of this section.
...." STREAMLINE ENVIRONMENTAL PERMITTING OF DAM REMOVAL SECTION 3.(a) G.S.
(2) Impacts associated with the removal of a dam, when the removal complies with the requirements of Part 3 of this Article." SECTION 2.(b) The Division of Water Resources of the Department of Environmental Quality shall develop a water quality general certification under section 401 of the Clean Water Act for short-term sediment releases associated with the construction phase of a dam removal when all of the following occur:
(2) Impacts associated with the removal of a dam, when the removal complies with the requirements of Part 3 of this Article." SECTION 3.(b) The Division of Water Resources of the Department of Environmental Quality shall develop a water quality general certification under section 401 of the Clean Water Act for short term sediment releases associated with the construction phase of a dam removal when all of the following occur:
DIRECT THE ENVIRONMENTAL MANAGEMENT COMMISSION TO AMEND THE DAM HEIGHT RULE TO MEASURE HEIGHT FROM THE LOWEST POINT ON THE CREST OF THE DAM SECTION 3.(a) Definitions.
Page 4 Senate Bill 107-First Edition General Assembly Of North Carolina Session 2017 DIRECT THE ENVIRONMENTAL MANAGEMENT COMMISSION TO AMEND THE DAM HEIGHT RULE TO MEASURE HEIGHT FROM THE LOWEST POINT ON THE CREST OF THE DAM SECTION 4.(a) Definitions.
SECTION 3.(b) Dam Height Rule.
SECTION 4.(b) Dam Height Rule.
SECTION 3.(c) Implementation.
SECTION 4.(c) Implementation.
– For purposes of implementing professionally supervised dam removals, the Commission shall measure the height of a dam for purposes of dam size classification from the lowest point on the crest of the dam to the lowest point on the downstream toe.
– The Commission shall measure the height of a dam for purposes of dam size classification from the lowest point on the crest of the dam to the lowest point on the downstream toe.
SECTION 3.(d) Additional Rule-Making Authority.
SECTION 4.(d) Additional Rule-Making Authority.
SECTION 3.(e) Sunset.
SECTION 4.(e) Sunset.
Page 4 Senate Bill 107-Second Edition General Assembly Of North Carolina Session 2017 2 STUDY FURTHER STREAMLINING OF DAM REMOVAL SECTION 4.
CLEAN WATER MANAGEMENT TRUST FUND ELIGIBILITY FOR CERTAIN DAM REMOVALS SECTION 5.
The Department of Environmental Quality and the Department of Public Safety shall jointly study the dam removal process in North Carolina and recommend further changes in statutes or rules to reduce regulatory barriers to the removal of obsolete and unwanted dams and consolidate duplicative permit processes.
G.S.
As part of its study, the Departments shall review the dam removal permitting processes in New Hampshire, Massachusetts, and Pennsylvania and other states as the Department finds relevant.
143B-135.234(c) reads as rewritten:
The Departments shall jointly submit its report to the Environmental Review Commission no later than March 1, 2020.
"(c) Fund Purposes.
EFFECTIVE DATE SECTION 5.
– Moneys from the Fund are appropriated annually to finance projects to clean up or prevent surface water pollution and for land preservation in accordance with this Part.
Section 4 of this act is effective when it becomes law.
Revenue in the Fund may be used for any of the following purposes:
(1) To acquire land for riparian buffers for the purposes of providing environmental protection for surface waters and urban drinking water supplies and establishing a network of riparian greenways for environmental, educational, and recreational uses.
(2) To acquire conservation easements or other interests in real property for the purpose of protecting and conserving surface waters and enhancing drinking water supplies, including the development of water supply reservoirs.
(3) To coordinate with other public programs involved with lands adjoining water bodies to gain the most public benefit while protecting and improving water quality.
(4) To restore previously degraded lands to reestablish their ability to protect water quality.
(4a) To remove obsolete and unwanted dams, where the removal will enhance or restore ecological functions or improve water quality.
...." STUDY FURTHER STREAMLINING OF DAM REMOVAL SECTION 6.
The Department of Environmental Quality shall study the dam removal process in North Carolina and recommend further changes in statutes or rules to reduce regulatory barriers to the removal of obsolete and unwanted dams and consolidate duplicative permit processes.
As part of its study, the Department shall review the dam removal permitting process in New Hampshire, Massachusetts, and Pennsylvania and other states as the Department finds Senate Bill 107-First Edition Page 5 General Assembly Of North Carolina Session 2017 relevant.
The Department shall submit its report to the Environmental Review Commission no later than March 1, 2018.
EFFECTIVE DATE SECTION 7.
Section 6 of this act is effective when it becomes law.
Senate Bill 107-Second Edition Page 5
Page 6 Senate Bill 107-First Edition
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View plain text versions (6)

Action History

  1. Signed by Gov. 7/20/2017

  2. Ch. SL 2017-145

  3. Ratified

  4. Pres. To Gov. 6/29/2017

  5. Concurred In H/Com Sub

  6. Ordered Enrolled

  7. Special Message Received For Concurrence in H Com Sub

  8. Placed On Cal For 06/28/2017

  9. Passed 2nd Reading

  10. Passed 3rd Reading

  11. Special Message Sent To Senate

  12. Reptd Fav Com Substitute

  13. Cal Pursuant Rule 36(b)

  14. Placed On Cal For 06/26/2017

  15. Withdrawn From Com

  16. Re-ref Com On Environment

  17. Passed 1st Reading

  18. Ref To Com On Rules, Calendar, and Operations of the House

  19. Regular Message Sent To House

  20. Passed 2nd Reading

  21. Passed 3rd Reading

  22. Regular Message Received From Senate

  23. Reptd Fav

  24. Reptd Fav

  25. Re-ref Com On Rules and Operations of the Senate

  26. Reptd Fav Com Substitute

  27. Com Substitute Adopted

  28. Re-ref Com On Finance

  29. Withdrawn From Com

  30. Re-ref to Agriculture/Environment/Natural Resources. If fav, re-ref to Finance. If fav, re-ref to Rules and Operations of the Senate

  31. Passed 1st Reading

  32. Ref To Com On Rules and Operations of the Senate

  33. Filed

Sponsors

  • Woodard · Cosponsor
  • Wells · Primary
  • Gunn · Primary
  • Brent Jackson · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

2 sponsors · 2 co-sponsors · 175 not signed on

Sponsors (2)

  • Wells
  • Gunn

Co-sponsors (2)

Not signed on (175)

175 members have not signed on to this bill.

Show all 175 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Motion 9 To Concur

Passed 46 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 32001
Democratic 5002
Republican 9001
Total 46004
% of votes cast 92%0%0%8%
How each member voted (50)
Member Party Vote
McKissick — Yea
Randleman — Yea
Tillman — Yea
Ballard — Yea
Barefoot — Yea
Brock — Yea
Foushee — Yea
D.Davis — Yea
J.Jackson — Yea
Smith — Yea
VanDuyn — Yea
Brown — Yea
J.Davis — Yea
B.Jackson — Yea
Newton — Yea
Tucker — Yea
Barringer — Yea
Bishop — Yea
Bryant — Yea
Curtis — Yea
Dunn — Yea
Edwards — Yea
Gunn — Yea
Harrington — Yea
Horner — Yea
Krawiec — Yea
Meredith — Yea
Pate — Yea
Rabin — Yea
Tarte — Yea
Wade — Yea
Wells — Yea
Woodard — Not Voting
Amanda P. Cook Democratic Yea
Dan Blue Democratic Yea
Gladys A. Robinson Democratic Not Voting
Jay J. Chaudhuri Democratic Not Voting
Joyce Waddell Democratic Yea
Paul A. Lowe, Jr. Democratic Yea
Tracy Clark Democratic Yea
Bill Rabon Republican Yea
Carl Ford Republican Not Voting
Danny Earl Britt, Jr. Republican Yea
Michael V. Lee Republican Yea
Norman W. Sanderson Republican Yea
Phil Berger Republican Yea
Ralph Hise Republican Yea
Tom McInnis Republican Yea
W. Ted Alexander Republican Yea
Warren Daniel Republican Yea

Official roll call →

Second Reading

Passed 112 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 70006
Democratic 14001
Republican 27001
U 1000
Total 112008
% of votes cast 93%0%0%7%
How each member voted (120)
Member Party Vote
Lucas — Yea
Michaux — Yea
Millis — Yea
Steinburg — Yea
Williams — Yea
Zachary — Not Voting
Boles — Yea
Boswell — Yea
Burr — Yea
Conrad — Yea
Dobson — Yea
Dulin — Yea
Faircloth — Yea
Farmer-Butterfield — Yea
Fisher — Yea
Floyd — Yea
Fraley — Yea
Garrison — Yea
Gill — Not Voting
Jordan — Yea
DuaneHall — Yea
C.Graham — Yea
Jackson — Yea
G.Martin — Yea
R.Moore — Yea
W.Richardson — Yea
B.Turner — Yea
J.Bell — Yea
BertJones — Yea
Brawley — Yea
DestinHall — Yea
K.Hall — Yea
Johnson — Yea
Malone — Yea
S.Martin — Yea
Bradford — Yea
Bumgardner — Yea
Cleveland — Yea
Collins — Yea
Dollar — Yea
Earle — Yea
Elmore — Yea
Goodman — Yea
Grange — Yea
Hanes — Yea
Hardister — Yea
Henson — Yea
Holley — Yea
Horn — Yea
Hurley — Yea
Insko — Yea
Lewis — Yea
McElraft — Yea
McGrady — Yea
Terry — Yea
Wray — Yea
T.Moore(Speaker) — Yea
Stone — Yea
R.Turner — Yea
G.Graham — Not Voting
B.Richardson — Not Voting
BrendenJones — Not Voting
Hunter — Not Voting
McNeill — Yea
Murphy — Yea
Presnell — Yea
Rogers — Yea
Saine — Yea
Speciale — Yea
Szoka — Yea
Yarborough — Yea
G.Adcock — Yea
L.Bell — Yea
Autry — Yea
Beasley — Yea
Black — Yea
Amos L. Quick, III Democratic Not Voting
Becky Carney Democratic Yea
Cecil Brockman Democratic Yea
Cynthia Ball Democratic Yea
Dante Pittman Democratic Yea
Deb Butler Democratic Yea
Eric Ager Democratic Yea
Garland E. Pierce Democratic Yea
Graig Meyer Democratic Yea
Joe John Democratic Yea
Marcia Morey Democratic Yea
Mary Belk Democratic Yea
Pricey Harrison Democratic Yea
Robert T. Reives, II Democratic Yea
Shelly Willingham Democratic Yea
Carl Ford Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Donna McDowell White Republican Yea
Donny Lambeth Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Yea
Hugh Blackwell Republican Yea
Jay Adams Republican Yea
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John M. Blust Republican Yea
John Sauls Republican Yea
Julia C. Howard Republican Yea
Kelly E. Hastings Republican Yea
Kevin Corbin Republican Yea
Larry C. Strickland Republican Yea
Larry W. Potts Republican Yea
Mark Brody Republican Yea
Mike Clampitt Republican Yea
Mitchell S. Setzer Republican Yea
Phil Shepard Republican Yea
Sam Watford Republican Yea
Sarah Stevens Republican Yea
Stephen M. Ross Republican Yea
Ted Davis, Jr. Republican Yea
W. Ted Alexander Republican Not Voting
William D. Brisson Republican Yea
Carla D. Cunningham U Yea

Official roll call →

Subjects

environment
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Frequently asked questions

Who sponsors SB 107?
SB 107 is sponsored by Woodard, Wells, Gunn, and Brent Jackson (Republican).
What is the current status of SB 107?
This bill has been enacted into law. Introduced February 16, 2017. Enacted.
Where can I track SB 107?
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