North Carolina 2017-2018 Session Status: In Committee 3 R cosponsors

HB 1024 — Support Shellfish Industry.

Last action — Passed 1st Reading

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

This bill died with 2017-2018 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

250 added · 250 removed

Plain-language change summary

The recent amendments to House Bill 1024 primarily clarify the rules around leasing areas for shellfish cultivation. Key changes include a reaffirmation that leased areas must be at least 100 feet from private property unless the adjacent property owner either consents in writing or is the lease applicant; this ensures protection of private property rights. Additionally, the text emphasizes restrictions on leasing contaminated areas and solidifies the maximum allowable leased area to help maintain proper management of shellfish resources. These adjustments are significant as they aim to balance shellfish farming interests with environmental protections and public health.

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GENERAL ASSEMBLY OF NORTH CAROLINA H.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 1 HOUSE BILL 1024* Short Title:
1024 May 29, 2018 SESSION 2017 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH50114-MHa-144D* Short Title:
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
A BILL TO BE ENTITLED AN ACT TO PROVIDE ADDITIONAL SUPPORT FOR THE STATE'S SHELLFISH INDUSTRY BY REFORMING AND MODERNIZING THE STATUTES GOVERNING SHELLFISH AND AQUACULTURE BOTTOMLAND LEASING AND BY APPROPRIATING FUNDS TOSTUDYTHE IMPACT OFOYSTER RESTORATIONON NUTRIENT REDUCTION LEVELS.
Appropriations May 30, 2018 A BILL TO BE ENTITLED AN ACT TO PROVIDE ADDITIONAL SUPPORT FOR THE STATE'S SHELLFISH INDUSTRY BY REFORMING AND MODERNIZING THE STATUTES GOVERNING SHELLFISH AND AQUACULTURE BOTTOMLAND LEASING AND BY APPROPRIATING FUNDS TOSTUDYTHE IMPACT OFOYSTER RESTORATIONON NUTRIENT REDUCTION LEVELS.
(4a) The leased area must be located a minimum of 100 feet from the shoreline of any private property.
*H1024-v-1* General Assembly Of North Carolina Session 2017 (4a) The leased area must be located a minimum of 100 feet from the shoreline of any private property.
The 100-foot minimum shall not apply when (i) the *DRH50114-MHa-144D* General Assembly Of North Carolina Session 2017 adjacent private property is owned by the lease applicant or (ii) the owner of the private property have provided consent in the form of a written and notarized statement.
The 100-foot minimum shall not apply when (i) the adjacent private property is owned by the lease applicant or (ii) the owner of the private property have provided consent in the form of a written and notarized statement.
(3) Failure by new owner to report a transfer of beneficial ownership of all or any portion of or interest in the leasehold.
Page 2 House Bill 1024*-First Edition General Assembly Of North Carolina Session 2017 (3) Failure by new owner to report a transfer of beneficial ownership of all or any portion of or interest in the leasehold.
Page 2 DRH50114-MHa-144D* General Assembly Of North Carolina Session 2017 (4) Failure to mark the boundaries in the leasehold and to keep them marked as required in the rules of the Marine Fisheries Commission.
(4) Failure to mark the boundaries in the leasehold and to keep them marked as required in the rules of the Marine Fisheries Commission.
"(f) The Chair of the Commission shall appoint a three-member Shellfish Cultivation Lease Review Committee to hear appeals of decisions of the Secretary regarding shellfish cultivation leases issued under G.S.
"(f) The Chair of the Commission shall appoint a three-member Shellfish Cultivation Lease Review Committee to hear appeals of decisions of the Secretary regarding shellfish House Bill 1024*-First Edition Page 3 General Assembly Of North Carolina Session 2017 cultivation leases issued under G.S.
One public member DRH50114-MHa-144D* Page 3 General Assembly Of North Carolina Session 2017 shall have expertise or other relevant experience in shellfish aquaculture, and the other public member shall have expertise or other relevant experience with respect to coastal property or property assessment.
One public member shall have expertise or other relevant experience in shellfish aquaculture, and the other public member shall have expertise or other relevant experience with respect to coastal property or property assessment.
The Commission shall adopt rules to establish procedures for the appeals and may adopt temporary rules." 6 EXPAND SHELLFISH NURSERY AREAS AND UNDER DOCK OYSTER CULTURE SITING SECTION 1.3.(a) G.S.
The Commission shall adopt rules to establish procedures for the appeals and may adopt temporary rules." 8 EXPAND SHELLFISH NURSERY AREAS AND UNDER DOCK OYSTER CULTURE SITING SECTION 1.3.(a) G.S.
Any leased parcel within a Shellfish Aquaculture Enterprise Area that is relinquished or terminated shall revert to the State and be made available to other applicants.
Any leased parcel Page 4 House Bill 1024*-First Edition General Assembly Of North Carolina Session 2017 within a Shellfish Aquaculture Enterprise Area that is relinquished or terminated shall revert to the State and be made available to other applicants.
The geographical restrictions on leasing set Page 4 DRH50114-MHa-144D* General Assembly Of North Carolina Session 2017 forth in Section 2 of Chapter 876 of the 1967 Session Laws and Section 1(c) of S.L.
The geographical restrictions on leasing set forth in Section 2 of Chapter 876 of the 1967 Session Laws and Section 1(c) of S.L.
"(3a) "Shellfish Aquaculture Enterprise Area" means an area designated and permitted by the Department that is subdivided into parcels and made available for shellfish aquaculture leasing." 8 PART II.
"(3a) "Shellfish Aquaculture Enterprise Area" means an area designated and permitted by the Department that is subdivided into parcels and made available for shellfish aquaculture leasing." PART II.
The Collaboratory's recommendations shall be provided no later than December 31, 2018, to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the chairs of the House of Representatives Appropriations Committee on Agriculture and Natural and Economic Resources, the chairs of the Senate Appropriations Committee on Agriculture, Natural, and Economic Resources, and the Fiscal Research Division.
The Collaboratory's recommendations shall be provided no later than December 31, 2018, to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the chairs of the House of Representatives Appropriations Committee on Agriculture and Natural House Bill 1024*-First Edition Page 5 General Assembly Of North Carolina Session 2017 and Economic Resources, the chairs of the Senate Appropriations Committee on Agriculture, Natural, and Economic Resources, and the Fiscal Research Division.
The due date for the report DRH50114-MHa-144D* Page 5 General Assembly Of North Carolina Session 2017 may be extended to June 30, 2019, by written notice to the Fiscal Research Division if the Collaboratory and stakeholders determine that additional time is needed to complete the study.
The due date for the report may be extended to June 30, 2019, by written notice to the Fiscal Research Division if the Collaboratory and stakeholders determine that additional time is needed to complete the study.
This study, as it maybesubsequentlyamended aftersubmission, shall beincludedas an appendix to the Shellfish Mariculture Plan required by subsection (b) of this section." 6 PART III.
This study, as it maybesubsequentlyamended aftersubmission, shall beincludedas an appendix to the Shellfish Mariculture Plan required by subsection (b) of this section." 8 PART III.
Page 6 DRH50114-MHa-144D*
Page 6 House Bill 1024*-First Edition
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Action History

  1. Passed 1st Reading

  2. Ref To Com On Appropriations

  3. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 5 co-sponsors · 172 not signed on

Sponsors (2)

Co-sponsors (5)

Not signed on (172)

172 members have not signed on to this bill.

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"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

Subjects

environment education agriculture
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Frequently asked questions

Who sponsors HB 1024?
HB 1024 is sponsored by Steinburg, Speciale, Phil Shepard (Republican), Muller, Jimmy Dixon (Republican), Boswell, and Mike Clampitt (Republican).
What is the current status of HB 1024?
This bill died with 2017-2018 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 1024?
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