GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
S 2
SENATE BILL 486
Agriculture/Environment/Natural Resources Committee Substitute Adopted 5/20/15
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Short Title: NC Trail Expansion/Economic Corridors. |
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Sponsors: |
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Referred to: |
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March 26, 2015
A BILL TO BE ENTITLED
AN ACT to enhance economic development through the expansion of the state trails network.
The General Assembly of North Carolina enacts:
PART I. NORTH CAROLINA TRAILS MANAGEMENT TRUST FUND
SECTION 1.(a) Article 10 of Chapter 143B of the General Statutes is amended by adding a new section to read:
"§ 143B‑434.2A. North Carolina Trails Management Trust Fund.
(a) The North Carolina Trails Management Trust Fund is created as a special revenue fund in the Department of Environment and Natural Resources. If the State Parks System is transferred to another State agency, then the Fund shall also be transferred to that State agency. The purpose of the Fund shall be to assist with the completion of the Mountains‑to‑Sea Trail and the completion and connection of municipal and regional greenways and trail systems to the Mountains‑to‑Sea Trail in order to encourage increased utilization by both residents and nonresidents of the State and to foster economic development and job growth along the Trail corridor. The North Carolina Trails Committee, in consultation with the Travel and Tourism Board, shall review all applications for funds and approve or reject projects for funding.
(b) Revenue for the North Carolina Trails Management Trust Fund shall come from:
(1) Any funds appropriated by the General Assembly.
(2) A surcharge authorized under G.S. 113‑35(b2) on all fees charged for access, use, and services provided at parks within the State Parks System.
(3) Gifts, grants, or contributions to the State that are specifically designated for inclusion in the Fund.
(c) The Department shall hold the Fund separate and apart from all other money, funds, and accounts. Any investment earnings credited to assets of the Fund shall become part of the Fund. Any balance remaining in the Fund at the end of any fiscal year shall not revert and shall be carried forward in the Fund for the next succeeding fiscal year.
(d) Moneys from the Fund shall be allocated and used only for the following purposes:
(1) Sixty‑five percent (65%) (i) to acquire fee simple title, lesser estates, easements, leases, or other written agreements with owners of private land and (ii) for capital projects, repairs and renovations, and the development, construction, and maintenance of ancillary facilities directly related to the use of the Mountains‑to‑Sea Trail system.
(2) Thirty‑five percent (35%) to acquire fee simple title, lesser estates, easements, leases, or other written agreements with owners of private land for the purpose of completing connections of local and regional greenways and trails to the Mountains‑to‑Sea Trail.
(e) Moneys from the Fund shall be expended in the following order of priority:
(1) Acquisition of property for trail corridors.
(2) Trail construction, not to include paving.
(3) Maintenance, repairs and renovations, and related ancillary facilities."
SECTION 1.(b) G.S. 113‑35 is amended by adding a new subsection to read:
"(b2) The Department may add a reasonable surcharge to fees authorized under this section to provide revenue for the North Carolina Trails Management Trust Fund. The portion of the fee designated as the surcharge shall be transferred annually to the Fund."
SECTION 1.(c) The Department of Environment and Natural Resources or any other department given responsibility for State parks shall, as soon as practicable but no later than January 1, 2016, implement a revised fee schedule for all fees authorized at parks and trails within the State Parks System. The revised fees shall include the surcharge authorized under Section 1(b) of this act to provide revenue for the North Carolina Trails Management Trust Fund. Implementation of the fees shall be exempt from rule making under G.S. 150B‑1(d)(27). For the first year, the surcharge shall not exceed one dollar ($1.00). Thereafter, the surcharge may be increased or decreased as necessary in the discretion of the Secretary of Environment and Natural Resources. In no event shall the surcharge be less than fifty cents (50¢).
PART II. TRAVEL AND TOURISM BOARD; ECONOMIC DEVELOPMENT ACCOUNTABILITY & STANDARDS COMMITTEE
SECTION 2.(a) G.S. 143B‑434.1 reads as rewritten:
"§ 143B‑434.1. The North Carolina Travel and Tourism Board – creation, duties, membership.
(a) There is created within the Department of Commerce
the North Carolina Travel and Tourism Board. The Secretary of Commerce and the Director
of the Division of Tourism, Film, and Sports Development CEO of the
Economic Development Partnership of North Carolina will work with the Board
to fulfill the duties and requirements set forth in this section, and to
promote the sound development of the travel and tourism industry in North
Carolina.
(b) The function and duties of the Board shall be:
(1) To advise the Secretary of Commerce in the formulation of policy and priorities for the promotion and development of travel and tourism in the State.
(2) To advise the Secretary of Commerce in the
development of a budget for the Division of Tourism, Film, and Sports
Development.Visit North Carolina, a unit of the Economic Development
Partnership of North Carolina.
(3) To recommend programs to the Secretary of Commerce that will promote the State as a travel and tourism destination and that will develop travel and tourism opportunities throughout the State.
(4) To advise the Secretary of Commerce every three
months as to the effectiveness of agencies with which the Department Economic
Development Partnership of North Carolina has contracted for advertising
and regarding the selection of an advertising agency that will assist the Department
Visit North Carolina in the promotion of the State as a travel and
tourism destination.
(5) To name a three‑member
subcommittee, with one member from each of the eastern, central, and western
regions of the State, to make recommendations to the Secretary of Commerce
regarding any revisions in the matching funds tourism grants program, project
applications, and criteria for projects that qualify for participation in the
program.
(6) To advise the Secretary of Commerce from time to
time as to the effectiveness of the overall operations of the Division of
Tourism, Film, and Sports Development.Visit North Carolina.
(7) To promote the exchange of ideas and information on travel and tourism between State and local governmental agencies, and private organizations and individuals.
(8) To advise the Secretary of Commerce upon any matter
that the Secretary, Governor, or Director of the Division of Tourism, Film,
and Sports Development Vice‑President of Tourism for the Economic
Development Partnership of North Carolina may refer to it.
(9) To promote policies that support tourism in North Carolina.
(10) To advise the General Assembly on tourism policy matters upon request of the Joint Legislative Oversight Committee on Governmental Operations or the House or Senate Appropriations Committee on General Government.
(c) The Board shall consist of 2915
members as follows:
(1) The Secretary of Commerce, who shall not be a voting member.
(1a) The CEO of the Economic Development Partnership of North Carolina or the CEO's designee, who shall not be a voting member.
(2) The Director of the Division of Tourism,
Film, and Sports Development, who shall not be a voting member.
(3) Two membersOne member designated by
the Board of Directors of the North Carolina Restaurant and Lodging
Association, representing the lodging sector.
(4) Two membersOne member designated by
the Board of Directors of the North Carolina Restaurant and Lodging
Association, representing the restaurant sector.
(4a) One member of the Destination Marketing Association of North Carolina designated by the Board of Directors of the Destination Marketing Association of North Carolina.
(5) Three Directors of Convention and Visitor
Bureaus designated by the Board of Directors of the North Carolina Association
of Convention and Visitor Bureaus.
(6) The Chairperson Chair of the Travel
and Tourism Coalition or the Chairperson's Chair's designee.
(6a) One person who is a member of the Travel and Tourism Coalition designated by the Board of Directors of the Travel and Tourism Coalition.
(7) The President of the North Carolina
Travel Industry Association.
(8) A member designated by the Board of Directors of the North Carolina Travel Industry Association.
(9) The President of the North Carolina
Chamber.
(10) One member designated by the North
Carolina Petroleum Marketers Association.
(11) Two persons appointed by the Speaker of the House
of Representatives. One person shall be associated with the tourism
industry attractions in North Carolina, appointed by the Speaker of
the House of Representatives. One and one person who is shall
not be a member of the General Assembly, appointed by the Speaker
of the House of Representatives.Assembly.
(12) Two persons appointed by the President Pro
Tempore of the Senate. One person shall be associated with the tourism‑related
transportation tourism industry, appointed by the President Pro
Tempore of the Senate. One and one person who shall is
not be a member of the General Assembly, appointed by the
President Pro Tempore of the Senate.Assembly.
(13) Four public members each interested in
matters relating to travel and tourism, two appointed by the Governor (one from
a rural area and one from an urban area), one appointed by the Speaker of the
House, and one appointed by the President Pro Tempore of the Senate.
(14) One member associated with the major cultural
resources and activities of the State in North Carolina, Two members appointed
by the Governor.Governor, one of whom is involved in the tourism
industry.
(14a) One member‑at‑large appointed by the Board of the Economic Development Partnership of North Carolina.
(15) Two members of the House of
Representatives, appointed by the Speaker of the House of Representatives.
(16) Two members of the Senate, appointed by
the President Pro Tempore of the Senate.
(17) Two members designated by the Board of
Directors of North Carolina Watermen United who represent the charter
boat/headboat industry.
(d) The members of the Board shall serve the following
terms: the Secretary of Commerce, the Director of the Division of Tourism,
Film, and Sports Development, the CEO of the Economic Development
Partnership of North Carolina, and the Chairperson Chair of
the Travel and Tourism Coalition,Coalition the President of
the North Carolina Travel Industry Association, and the President of the North
Carolina Chamber shall serve on the Board while they hold their respective
offices. Each member of the Board appointed by the Governor shall serve during
his or her term of office. The members of the Board appointed by the General
Assembly shall serve two‑year terms beginning on January September
1 of odd‑numbered years and ending on December 31 of the following
year.August 31. The first such term shall begin on January 1,
1991,September 1, 2015, or as soon thereafter as the member is
appointed to the Board, and end on December 31, 1992.August 31, 2017.
All other members of the Board shall serve a term which consists of includes
the portion of calendar year 1991 2015 that remains following
their appointment or designation and ends on August 31, 2016, and,
thereafter, two‑year terms which shall begin on January September
1 of an even‑numbered year and end on December 31 of the following
year.August 31. The first such two‑year term shall begin on January
1, 1992,September 1, 2016, and end on December 31, 1994.August
31, 2018.
(e) No member of the Board, except a member serving by virtue of his or her office, shall serve during more than five consecutive calendar years, except that a member shall continue to serve until his or her successor is appointed.
(f) Appointments to fill vacancies in the membership of the Board that occur due to resignation, dismissal, death, or disability of a member shall be for the balance of the unexpired term and shall be made by the same appointing authority that made the initial appointment.
(g) Board members who are employees of the State shall
receive travel allowances at the rate set forth in G.S. 138‑6. Board
members who are legislators shall be reimbursed for travel and subsistence in
accordance with G.S. 120‑3.1. All other Board members, except those
serving pursuant to subdivisions (3) through (10) (7) of
subsection (c) of this section, shall receive per diem, subsistence, and travel
expenses at the rate set forth in G.S. 138‑5. These expenses
shall be paid by the Department of Commerce. Board members serving pursuant
to subdivisions (3) through (10) (7) of subsection (c) of this
section shall not receive per diem, subsistence, or travel expenses.expenses
but shall be reimbursed at the discretion of the appointing organization.
The expenses set forth in this section shall be paid by the Division of
Tourism, Film, and Sports Development of the Department of Commerce.
(h) At its first meeting in 1991, the The Board
shall elect one of its voting members to serve as Chairperson during
calendar year 1991.Chairperson. At its last regularly scheduled
meeting in 1991, and at its last regularly scheduled meeting in each year
thereafter,year, the Board shall elect one of its voting members to
serve as Chairperson for the coming calendar year. No person shall serve as
Chairperson during more than three consecutive calendar years. The Chairperson
shall continue to serve until his or her successor is elected.
(i) A majority of the current voting membership shall constitute a quorum.
(j) The Secretary of Commerce shall provide clerical and other services as required by the Board."
SECTION 2.(b) G.S. 143B‑431.01(c) reads as rewritten:
"(c) Oversight. – There is established the
Economic Development Accountability & Standards Committee, which shall be
treated as a board for purposes of Chapter 138A of the General Statutes. The
Committee shall consist of seven members as follows: the Secretary of Commerce
as Chair of the Committee, the Secretary of Transportation, the Secretary of
Environment and Natural Resources, the Secretary of Revenue, the chair of
the North Carolina Travel and Tourism Board, one member appointed by the
General Assembly upon recommendation of the Speaker of the House of
Representatives, and one member appointed by the General Assembly upon
recommendation of the President Pro Tempore of the Senate, and one member
appointed by the General Assembly upon the joint recommendation of the Speaker
of the House of Representatives and the President Pro Tempore of the Senate.
Members appointed by the General Assembly shall be appointed for four‑year
terms beginning July 1 and may not be members of the General Assembly.
The Committee shall be administratively housed in the Department of Commerce. The Department of Commerce shall provide for the administrative costs of the Committee and shall provide staff to the Committee. The Committee shall meet at least quarterly upon the call of the Chair. The duties of the Committee shall include all of the following:
(1) Monitoring and oversight of the performance of a contract entered into pursuant to this section by the Department with a North Carolina nonprofit corporation.
(2) Receiving, reviewing, and referring complaints regarding the contract or the performance of the North Carolina nonprofit corporation, as appropriate.
(3) Requesting enforcement of the contract by the Attorney General or the Department.
(4) Auditing, at least biennially, by the Office of State Budget and Management, State Auditor, or internal auditors of the Department, the records of the North Carolina nonprofit corporation with which the Department has contracted pursuant to this section during and after the term of the contract to review financial documents of the corporation, performance of the corporation, and compliance of the corporation with applicable laws. A copy of any audit performed at the request of the Committee shall be forwarded to the North Carolina Travel and Tourism Board.
(5) Coordination of economic development grant programs of the State between the Department of Commerce, the Department of Transportation, and the Department of Environment and Natural Resources.
(6) Any other duties deemed necessary by the Committee."
SECTION 2.(c) Section 2(a) of this act is effective when it becomes law and applies to appointments made on or after that date. Terms of appointees serving on the Board at that time expire on the effective date, but members may continue to serve until new members are appointed under this section.
PART III. DYNAMIC PRICING FLEXIBILITY
SECTION 3.(a) G.S. 150B‑1(d) is amended by adding a new subdivision to read:
"(27) The Department of Environment and Natural Resources with respect to admission fees or related activity fees at:
a. The North Carolina Zoological Park pursuant to G.S. 143B‑335.
b. State parks pursuant to G.S. 113‑35.
c. The North Carolina Aquariums pursuant to G.S. 143B‑289.44."
SECTION 3.(b) The Department of Environment and Natural Resources, or any other department given responsibilities for the North Carolina Zoological Park, State parks, or the North Carolina Aquariums, shall establish admission fees and related activity fees using a dynamic pricing strategy as defined in Section 3(e) of this act. Any rule currently in the Administrative Code related to fees covered by Section 3(a) of this act are ineffective and repealed upon the effective date of new admission fees and related activity fees adopted by the Department under the authority set out in Section 3(a) of this act. Notice of the initial adoption of new admission fees and related activity fees under Section 3(a) of this act shall be given by the Department to the Codifier of Rules, who, upon receipt of notice of the initial adoption of new admission fees and related activity fees by the Department, shall note the repeal of these rules in the Administrative Code.
SECTION 3.(c) The Department of Cultural Resources shall establish admission fees and related activity fees authorized by G.S. 121‑7.3 for historic sites and museums using a dynamic pricing strategy as defined in Section 3(e) of this act.
SECTION 3.(d) The Department of Agriculture and Consumer Services shall establish admission fees and related activity fees authorized by G.S. 106‑877 for State forests using a dynamic pricing strategy as defined in Section 3(e) of this act.
SECTION 3.(e) For purposes of this section, "dynamic pricing" is the adjustment of fees for admission and related activities from time to time to reflect market forces, including seasonal variations and special event interests, with the intent and effect to maximize revenues from use of these State resources to the extent practicable to offset appropriations from the General Assembly.
SECTION 3.(f) No later than March 1, 2016, the Department of Environment and Natural Resources, the Department of Cultural Resources, and the Department of Agriculture and Consumer Services shall submit a report on implementation of the new pricing strategy to the Environmental Review Commission.
SECTION 3.(g) This part is effective when it becomes law and applies to admission fees or related activity fees charged on or after that date.
PART IV. FOOD/VENDING SERVICES
SECTION 4.(a) Article 4 of Chapter 111 of the General Statutes is amended by adding a new section to read:
"§ 111‑47.3. Food service at North Carolina parks.
(a) Notwithstanding Article 3 of Chapter 111 of the General Statutes, the Division of Parks and Recreation of the Department of Environment and Natural Resources, or any other department given responsibilities for State parks, may operate or contract for the operation of food or vending services at State parks. The net revenue generated by food and vending services provided at State parks operated by the Division or a vendor with whom the Division has contracted shall be used for the operation of the parks.
(b) This section shall not be construed to alter any contract for food or vending services at a State park that is in force at the time this section becomes law."
SECTION 4.(b) The Department of Environment and Natural Resources, Division of Parks and Recreation, shall study the feasibility of operating kiosk‑type gift shops at State parks that offer park‑related merchandise for purchase in unmanned vending machines. As part of the study, the Division shall issue a Request for Proposal (RFP) from vendors who would own, install, and maintain the vending machines in exchange for a portion of the revenue derived from sales. If the Division enters into a contract under this section, twenty‑five percent (25%) of the net proceeds derived from vending machine sales shall be credited to the North Carolina Trails Management Trust Fund.
PART V. PROPERTY MANAGEMENT
SECTION 5.(a) The General Assembly finds that a hiking and biking trail around Lake James in Burke County would provide a multitude of economic, recreational, health, environmental, community, and transportation benefits. The General Assembly further finds that a number of federal, State, local, and private partners have expressed substantial interest in completing such a trail; that such a trail would be a recreational resource of statewide significance; and that including such a trail in the State Parks System as a State trail would be beneficial to the people of North Carolina and further the development of North Carolina as "The Great Trails State." The General Assembly authorizes the Department of Environment and Natural Resources, or any other department given responsibilities for the State Parks System, to add the Fonta Flora Loop Trail to the State Parks System as provided in G.S. 113‑44.14(b). The Department shall support, promote, encourage, and facilitate the establishment of trail segments on State park lands and on lands of other federal, State, local, and private landowners. On segments of the Fonta Flora Loop Trail that cross property controlled by agencies or owners other than the Department's Division of Parks and Recreation, the laws, rules, and policies of those agencies or owners shall govern the use of the property.
SECTION 5.(b) The Department of Administration is directed to identify all State‑owned property located within five miles of either side of the center line of the Mountains‑to‑Sea Trail. The Department shall provide a written inventory of all properties identified to the Environmental Review Commission no later than March 1, 2016.
SECTION 5.(c) The Department of Environment and Natural Resources, Division of Parks and Recreation, in consultation with the North Carolina Trails Committee, or any other department given responsibilities for the State trails system, is directed to identify in its Mountains‑to‑Sea Trail master plan all municipal and regional trail systems and greenways that connect with, or have the potential to connect with, the Mountains‑to‑Sea Trail. The plan shall include potential time lines, funding needs, regulatory hurdles, and any other issues related to interconnection of these systems. The Department, or other responsible agency, shall report its findings, including any legislative proposals, to the Environmental Review Commission no later than March 1, 2016.
SECTION 5.(d) The Department of Environment and Natural Resources, Division of Parks and Recreation, or any other department given responsibilities for State parks, shall study the feasibility of expanding the marinas at Jordan Lake and Falls Lake. The Department, or other responsible agency, shall report its findings, including any legislative proposals, to the Environmental Review Commission no later than March 1, 2016.
SECTION 5.(e) The Department of Environment and Natural Resources, or any other department given responsibilities for the North Carolina Zoological Park, shall study the feasibility of leasing property of the North Carolina Zoological Park to a private developer for construction of a hotel/conference facility immediately adjacent to the African Savanna exhibit, including the possibility of providing a direct entrance to the Zoo from the facility via a foot bridge. The study shall include consideration of potential lease terms and any limitations created by existing statutes or rules. The Department, or other responsible agency, shall report its findings, including any legislative proposals, to the Environmental Review Commission no later than March 1, 2016.
SECTION 5.(f) The Department of Environment and Natural Resources, or any other department given responsibilities for the North Carolina Aquariums, shall study economic development opportunities for the Oregon Inlet Lifesaving Station related to fishing, boating, camping, hiking, general outdoor activities, lodging, special event rental, and other tourism‑related economic development. The study shall include consideration of potential lease terms and any limitations created by existing statutes or rules. The Department, or other responsible agency, shall report its findings, including any legislative proposals, to the Environmental Review Commission no later than March 1, 2016.
SECTION 5.(g) The Wildlife Resources Commission shall update the Mattamuskeet Lodge Business Management and Tourism Study prepared for the North Carolina Wildlife Resources Commission and issued in September 2008 to reflect current market factors and trends. In updating the study, the Commission shall focus on development of public/private partnerships to facilitate opportunities related to hunting, fishing, boating, camping, hiking, general outdoor activities, and other economic development. The study shall include consideration of potential lease terms and any limitations created by existing statutes, rules, or federal policies, and any other matter the Commission deems relevant. The Commission shall report its findings, including any legislative proposals, to the Environmental Review Commission no later than March 1, 2016.
PART VI. PROMOTE TRAIL CREATION
SECTION 6.(a) Article 6 of Chapter 113A of the General Statutes is amended by adding a new section to read:
"§ 113A‑96. Trails exempt from certain environmental regulation.
Except as required by federal law and notwithstanding any other provision of State law, activities related to the construction, maintenance, or removal of a trail shall be exempt from environmental regulation as provided in this section. A trail shall not be treated as "built‑upon area" under G.S. 143‑214.7(b2). Activities related to the construction, maintenance, or removal of a trail shall be allowed within riparian buffers and other types of vegetative buffers for the protection of water quality."
SECTION 6.(b) G.S. 143‑214.7(b2) reads as rewritten:
"(b2) For purposes of implementing stormwater programs,
"built‑upon area" means impervious surface and partially
impervious surface to the extent that the partially impervious surface does not
allow water to infiltrate through the surface and into the subsoil. "Built‑upon
area" does not include a slatted deck ordeck, the water area
of a swimming pool.pool, or a trail as defined in G.S. 113A‑85."
SECTION 6.(c) This section is effective when it becomes law and applies to the construction, maintenance, or removal of a trail occurring on or after that date.
PART VII. AUTHORIZE EXCHANGE OF REAL PROPERTY IN AND AROUND UMSTEAD STATE PARK AND LAKE CRABTREE
SECTION 7.(a) Notwithstanding any provision of S.L. 1939‑168, as amended by S.L. 1941‑292, as amended S.L. 1945‑79, as amended by S.L. 1955‑1096, as amended by S.L. 1957‑455, as amended by S.L. 1959‑755, as amended by S.L. 1967‑781, as amended by S.L. 1971‑287, as amended by S.L. 1973‑221, as amended by S.L. 1977‑28, as amended by S.L. 1979‑666, as amended by S.L. 1981‑1192, as amended by S.L. 1998‑141, Chapter 146 of the General Statutes, or any other provision of law, the Department of Administration on behalf of the State shall enter into an agreement to convey the real property described in Section 7(c) of this act from the Raleigh‑Durham Airport Authority in exchange for conveyance of the State‑owned real property described in Section 7(d) of this act.
SECTION 7.(b) Fair market value shall be established for each property to be conveyed as described in Sections 7(c) and 7(d) of this act. Accordingly, Raleigh‑Durham Airport Authority and the Department of Administration shall conduct independent appraisals to establish each property's monetary value. In the event of discrepancies between such appraisals, a third appraisal shall be conducted by an appraiser agreed upon by both entities, and the average of the three values for each property in question shall be used to establish the property's fair market value. If the monetary value of properties being conveyed to the Raleigh‑Durham Airport Authority by the State of North Carolina is greater than the value of the properties being conveyed to the State from the Raleigh‑Durham Airport Authority, the Raleigh‑Durham Airport Authority shall pay the difference in value to the State, for deposit to the General Fund.
SECTION 7.(c) Real property owned by the Raleigh‑Durham Airport Authority subject to conveyance to the State pursuant to Section 7(a) of this act is as follows:
(1) An approximately 1.96 acre portion, more or less, of the easternmost portion of the Raleigh‑Durham International Airport identified in Wake County tax records by Parcel Identification Number 0767324317 and Real Estate Identification Number 0102676 that contains a portion of Old Reedy Creek Road, described as "Polygon E" on a map dated April 14, 2015, and which includes a description of the total approximate boundary defined by longitudinal and latitudinal mapping coordinates established using the NAD83(2011) State Plane Coordinate System and filed in the State Property Office, reference to which is hereby made for a more complete description.
(2) An approximately 29.66 acre portion, more or less, of the southeastern portion of the Raleigh‑Durham International Airport identified in Wake County tax records by Parcel Identification Number 0767324317 and Real Estate Identification Number 0102676 located north of Interstate 40 and west of Old Reedy Creek Road, described as "Polygon G" on a map dated April 14, 2015, and which includes a description of the total approximate boundary defined by longitudinal and latitudinal mapping coordinates established using the NAD83(2011) State Plane Coordinate System and filed in the State Property Office, reference to which is hereby made for a more complete description.
(3) An approximately 11.21 acre portion, more or less, of the southeastern portion of the Raleigh‑Durham International Airport identified in Wake County tax records by Parcel Identification Number 0767324317 and Real Estate Identification Number 0102676 with a southern boundary of Interstate 40, an eastern boundary of Old Reedy Creek Road, and a northern boundary defined by a privately owned 11.58 acre parcel, more or less, identified in Wake County tax records by Parcel Identification Number 0766414911 and Real Estate Identification Number 0020176, described as "Polygon H" on a map dated April 14, 2015, and which includes a description of the total approximate boundary defined by longitudinal and latitudinal mapping coordinates established using the NAD83(2011) State Plane Coordinate System and filed in the State Property Office, reference to which is hereby made for a more complete description. The privately owned parcel referenced herein is referenced for boundary identification purposes only and is not subject to conveyance pursuant to Section 7(a) of this act.
(4) An approximately 332.01 acre portion, more or less, of the southernmost portion of the Raleigh‑Durham International Airport identified in Wake County tax records by Parcel Identification Number 0767324317 and Real Estate Identification Number 0102676 commonly referred to as Lake Crabtree County Park with a northern boundary of Interstate 40, a western boundary of Aviation Parkway, a southern boundary within Lake Crabtree, and an eastern boundary of the Lake Crabtree dam, described as "Polygon I" on a map dated April 14, 2015, and which includes a description of the total approximate boundary defined by longitudinal and latitudinal mapping coordinates established using the NAD83(2011) State Plane Coordinate System and filed in the State Property Office, reference to which is hereby made for a more complete description.
(5) An approximately 13.57 acre portion, more or less, of the southeastern portion of the Raleigh‑Durham International Airport identified in Wake County tax records by Parcel Identification Number 0767324317 and Real Estate Identification Number 0102676 with a southern boundary of Interstate 40, a western boundary of Old Reedy Creek Road, a northern boundary of Umstead State Park, and a northeastern boundary defined by one privately owned 1.2 acre parcel, more or less, identified in Wake County tax records by Parcel Identification Number 0766517951 and Real Estate Identification Number 0068197, and one privately owned 1.54 acre parcel, more or less, identified in Wake County tax records by Parcel Identification Number 0766528101 and Real Estate Identification Number 0079738, described as "Polygon J" on a map dated April 14, 2015, and which includes a description of the total approximate boundary defined by longitudinal and latitudinal mapping coordinates established using the NAD83(2011) State Plane Coordinate System and filed in the State Property Office, reference to which is hereby made for a more complete description. The privately owned parcels referenced herein are referenced for boundary identification purposes only and are not subject to conveyance pursuant to Section 7(a) of this act.
(6) An approximately 1.6 acre portion, more or less, of the southeasternmost portion of the Raleigh‑Durham International Airport identified in Wake County tax records by Parcel Identification Number 0767324317 and Real Estate Identification Number 0102676 with a northern boundary of Interstate 40, a southern boundary of Old Reedy Creek Road, a western boundary of one 1.5 acre, more or less, municipally‑owned parcel identified in Wake County tax records by Parcel Identification Number 0766407480 and Real Estate Identification Number 0250839, and an eastern boundary of one 74.29 acre, more or less, municipally owned parcel identified in Wake County tax records by Parcel Identification Number 0765680977 and Real Estate Identification Number 0049308, described as "Polygon K" on a map dated April 14, 2015, and which includes a description of the total approximate boundary defined by longitudinal and latitudinal mapping coordinates established using the NAD83(2011) State Plane Coordinate System and filed in the State Property Office, reference to which is hereby made for a more complete description. The municipally owned parcels referenced herein are referenced for boundary identification purposes only and are not subject to conveyance pursuant to Section 7(a) of this act.
SECTION 7.(d) Real property owned by the State subject to conveyance to the Raleigh‑Durham Airport Authority pursuant to Section 7(a) of this act is as follows:
(1) An approximately 10.61 acre, more or less, parcel in its entirety identified in Wake County tax records by Parcel Identification Number 0757254377 and Real Estate Identification Number 0174188, described as "Polygon A" on a map dated April 14, 2015, and which includes a description of the total approximate boundary defined by longitudinal and latitudinal mapping coordinates established using the NAD83(2011) State Plane Coordinate System and filed in the State Property Office, reference to which is hereby made for a more complete description.
(2) An approximately .22 acre, more or less, parcel in its entirety identified in Wake County tax records by Parcel Identification Number 0757245747 and Real Estate Identification Number 0174189, described as "Polygon B" on a map dated April 14, 2015, and which includes a description of the total approximate boundary defined by longitudinal and latitudinal mapping coordinates established using the NAD83(2011) State Plane Coordinate System and filed in the State Property Office, reference to which is hereby made for a more complete description.
(3) An approximately 22.81 acre portion, more or less, of the northern portion of William B. Umstead State Park identified in Wake County tax records by Parcel Identification Number 0776275726 and Real Estate Identification Number 0118364 located entirely on the northeastern side of Glenwood Avenue, described as "Polygon C" on a map dated April 14, 2015, and which includes a description of the total approximate boundary defined by longitudinal and latitudinal mapping coordinates established using the NAD83(2011) State Plane Coordinate System and filed in the State Property Office, reference to which is hereby made for a more complete description.
(4) An approximately 5.28 acre portion, more or less, of the western portion of William B. Umstead State Park identified in Wake County tax records by Parcel Identification Number 0776275726 and Real Estate Identification Number 0118364 located along the northern half of the western boundary of the Park, described as "Polygon D" on a map dated April 14, 2015, and which includes a description of the total approximate boundary defined by longitudinal and latitudinal mapping coordinates established using the NAD83(2011) State Plane Coordinate System and filed in the State Property Office, reference to which is hereby made for a more complete description.
(5) An approximately 206.05 acre portion, more or less, of the westernmost portion of William B. Umstead State Park identified in Wake County tax records by Parcel Identification Number 0776275726 and Real Estate Identification Number 0118364 located along the southern half of the western boundary of the Park, described as "Polygon F" on a map dated April 14, 2015, and which includes a description of the total approximate boundary defined by longitudinal and latitudinal mapping coordinates established using the NAD83(2011) State Plane Coordinate System and filed in the State Property Office, reference to which is hereby made for a more complete description.
(6) An approximately 4.76 acre portion, more or less, of the southeastern portion of a 1074.81 acre parcel identified in Wake County tax records by Parcel Identification Number 0785316741 and Real Estate Identification Number 0141508, and having a southern boundary of District Drive and a western boundary of Gold Star Drive, described as "Polygon O" on a map dated April 14, 2015, and which includes a description of the total approximate boundary defined by longitudinal and latitudinal mapping coordinates established using the NAD83(2011) State Plane Coordinate System and filed in the State Property Office, reference to which is hereby made for a more complete description.
(7) An approximately 10.01 acre portion, more or less, of the southeastern portion of a 1074.81 acre parcel identified in Wake County tax records by Parcel Identification Number 0785316741 and Real Estate Identification Number 0141508, and having a southwestern boundary of Reedy Creek Road and an eastern boundary of Blue Ridge Road and a northern boundary of four individual privately owned parcels with frontage on Sunset Ridge Road and one individual parcel with frontage on Atrium Drive, described as "Polygon P" on a map dated April 14, 2015, and which includes a description of the total approximate boundary defined by longitudinal and latitudinal mapping coordinates established using the NAD83(2011) State Plane Coordinate System and filed in the State Property Office, reference to which is hereby made for a more complete description. The privately owned parcels referenced herein are referenced for boundary identification purposes only and are not subject to conveyance pursuant to Section 7(a) of this act.
(8) An approximately 2.91 acre, more or less, parcel in its entirety identified in Wake County tax records by Parcel Identification Number 0785605905 and Real Estate Identification Number 0121260 with eastern frontage on Atrium Drive and bordered to the south and west by a parcel identified in Wake County tax records by Parcel Identification Number 0785316741 and Real Estate Tax Identification Number 0141508, described as "Polygon Q" on a map dated April 14, 2015, and which includes a description of the total approximate boundary defined by longitudinal and latitudinal mapping coordinates established using the NAD83(2011) State Plane Coordinate System and filed in the State Property Office, reference to which is hereby made for a more complete description.
(9) An approximately 66.62 acre portion, more or less, of the southeastern portion of a 1074.81 acre parcel identified in Wake County tax records by Parcel Identification Number 0785316741 and Real Estate Identification Number 0141508, and having an eastern boundary of Blue Ridge Road and a southernmost boundary of Interstate 40 and part of a northern boundary that includes District Drive and part of a northern boundary that includes Reedy Creek Road, described as "Polygon R" on a map dated April 14, 2015, and which includes a description of the total approximate boundary defined by longitudinal and latitudinal mapping coordinates established using the NAD83(2011) State Plane Coordinate System and filed in the State Property Office, reference to which is hereby made for a more complete description.
SECTION 7.(e) G.S. 143‑260.10 reads as rewritten:
"§ 143‑260.10. Components of State Nature and Historic Preserve.
The following are components of the State Nature and Historic Preserve accepted by the North Carolina General Assembly pursuant to G.S. 143‑260.8:
…
(2) All lands and waters within the boundaries of
William B. Umstead State Park as of May 6, 2014, with the exception of of:
a. Tract Number 65, containing 22.93140 acres as shown on a survey prepared by John S. Lawrence (RLS) and Bennie R. Smith (RLS), entitled "Property of The State of North Carolina William B. Umstead State Park", dated January 14, 1977 and filed in the State Property Office, which was removed from the State Nature and Historic Preserve by Chapter 450, Section 1 of the 1985 Session Laws. The tract excluded from the State Nature and Historic Preserve under this subdivision is deleted from the State Parks System in accordance with G.S. 113‑44.14. The State of North Carolina may only exchange this land for other land for the expansion of William B. Umstead State Park or sell and use the proceeds for that purpose. The State of North Carolina may not otherwise sell or exchange this land.
b. An approximately 22.81 acre portion, more or less, of the northern portion of William B. Umstead State Park identified in Wake County tax records by Parcel Identification Number 0776275726 and Real Estate Identification Number 0118364 located entirely on the northeastern side of Glenwood Avenue, described as "Polygon C" on a map dated April 14, 2015, and which includes a description of the total approximate boundary defined by longitudinal and latitudinal mapping coordinates established using the NAD83(2011) State Plane Coordinate System and filed in the State Property Office, reference to which is hereby made for a more complete description.
c. An approximately 5.28 acre portion, more or less, of the western portion of William B. Umstead State Park identified in Wake County tax records by Parcel Identification Number 0776275726 and Real Estate Identification Number 0118364 located along the northern half of the western boundary of the Park, described as "Polygon D" on a map dated April 14, 2015, and which includes a description of the total approximate boundary defined by longitudinal and latitudinal mapping coordinates established using the NAD83(2011) State Plane Coordinate System and filed in the State Property Office, reference to which is hereby made for a more complete description.
d. An approximately 206.05 acre portion, more or less, of the westernmost portion of William B. Umstead State Park identified in Wake County tax records by Parcel Identification Number 0776275726 and Real Estate Identification Number 0118364 located along the southern half of the western boundary of the Park, described as "Polygon F" on a map dated April 14, 2015, and which includes a description of the total approximate boundary defined by longitudinal and latitudinal mapping coordinates established using the NAD83(2011) State Plane Coordinate System and filed in the State Property Office, reference to which is hereby made for a more complete description.
…."
SECTION 7.(f) If the real property described in Section 7(c) of this act is acquired by the State, the property shall be incorporated into Umstead State Park and dedicated to the State Nature and Historic Preserve pursuant to Section 5 of Article XIV of the North Carolina Constitution and in conformance with the requirements of G.S. 143‑260.8. The Division of Parks and Recreation of the Department of Environment and Natural Resources, or any other department given responsibilities for State parks, shall dedicate between 500 and 600 acres in the southwestern corner of Umstead Park to single‑track bike trails and work with regional and local bicycle stakeholders in modifying the master plan for the Park to include a single‑track bicycle course within the Park's boundaries.
SECTION 7.(g) The State of North Carolina shall convey the following property to North Carolina State University for inclusion into Schenck Forest: an approximately 40.82 acre portion, more or less, of Department of Transportation right‑of‑way previously acquired for the Duraleigh Connector along the northern side of the Interstate 40 and Wade Avenue interchange that is not an identified parcel in Wake County tax records with a Parcel Identification Number or Real Estate Identification Number, described as "Polygon M" on a map dated April 14, 2015, and which includes a description of the total approximate boundary defined by longitudinal and latitudinal mapping coordinates established using the NAD83(2011) State Plane Coordinate System and filed in the State Property Office, reference to which is hereby made for a more complete description.
SECTION 7.(h) If the City of Raleigh is authorized by the Department of Transportation to construct a roadway extension connecting District Drive to Edwards Mill Road, the Department of Administration shall provide an easement through the parcel identified in Wake County tax records with Parcel Identification Number of 0785316741 and a Real Estate Identification Number of 0141508 upon the request of the City. Such roadway extension shall be constructed by the City of Raleigh at its own expense.
SECTION 7.(i) The properties to be conveyed by the State of North Carolina to the Raleigh‑Durham Airport Authority described in Section 7(d) of this act are: (i) exempt from the divestiture restrictions set forth in S.L. 1967‑781, and may be divested upon approval from a simple majority vote of the Raleigh‑Durham Airport Authority Board; and (ii) exempt from the lease restrictions set forth in S.L. 1959‑755, and may be leased for a period not to exceed sixty (60) years upon approval from a simple majority vote of the Raleigh‑Durham Airport Authority, except as provided in subsection (f) of this Section.
SECTION 7.(j) The properties to be conveyed by the State of North Carolina to the Raleigh‑Durham Airport Authority described in Section 7(d) of this act shall be subject to the following conditions:
(1) For the property identified in subdivision (7) of Section 7(d) of this act, the Raleigh‑Durham Airport Authority shall grant a lease for a time to be determined in consultation with the Department of Administration, but expiring no later than December 31, 2020, in order to allow sufficient time for the Department of Agriculture to construct a new laboratory facility and vacate the existing building on this property.
(3) For the property identified in subdivision (8) of Section 7(d) of this act, the Raleigh‑Durham Airport Authority shall grant a lease for a time to be determined in consultation with the Department of Administration, but expiring no later than December 31, 2020, in order to allow sufficient time for the Department of Agriculture to construct a new laboratory facility and vacate the existing building on this property.
(4) For the property identified in subdivision (9) of Section 7(d) of this act, the Raleigh‑Durham Airport Authority shall grant a lease for a time to be determined in consultation with the Department of Administration, but expiring no later than December 31, 2016, in order to allow sufficient time for the Wildlife Resources Commission to vacate the warehouse facility on this property.
(5) For the property identified in subdivision (10) of Section 7(d) of this act, the Raleigh‑Durham Airport Authority shall grant a lease for a time to be determined in consultation with the Department of Administration, but expiring no later than December 31, 2018, in order to allow sufficient time for relocation of the existing facilities.
SECTION 7.(k) The Secretary of the Department of Administration shall have the authority to negotiate the terms of exchange agreement necessary to effectuate the provisions of this act. The agreement shall do all of the following:
(1) Provide for the exchange of interests in real property described in Section 7(c) and Section 7(d) of this act and no other, except that if any individual property identified by Section 7(c) and Section 7(d) of this act cannot be conveyed due to federal restrictions applicable to the property, that property shall be omitted from the exchange and all other properties identified by Section 7(c) and Section 7(d) of this act shall remain subject to the agreement.
(2) Provide that the conveyances described in the agreement become effective as soon as practicable.
(3) Incorporate the relevant terms of this section.
SECTION 7.(l) The Secretary of the Department of Administration shall ensure that the map referenced herein, dated April 14, 2015, which includes a description of the total approximate boundary defined by longitudinal and latitudinal mapping coordinates established using the NAD83(2011) State Plane Coordinate System for each property identified in Section 7(c) and Section 7(d) of this act is filed in the State Property Office.
SECTION 7.(m) Within 30 days after an agreement is entered into pursuant to this act, the Secretary of the Department of Administration shall report to the Joint Legislative Commission on Governmental Operations on the terms of the agreement.
SECTION 7.(n) 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 or exchange made pursuant to this act, nor shall consultation with or reporting to the Joint Legislation Commission on Governmental Operations be required prior to the conveyance or exchange.
SECTION 7.(o) Within 30 days after an agreement is entered into pursuant to this act, the Attorney General shall execute any documents or deeds necessary to effectuate the conveyances under the exact terms set forth in the exchange agreement. All State agencies and officials shall cooperate to the fullest extent possible in effectuating the exchange agreement.
SECTION 7.(p) The requirements of this section shall only become effective upon a simple majority vote of the Raleigh‑Durham Airport Authority to proceed with the exchange of property identified herein, except that Section 7(k) of this section shall become effective when this act becomes law.
PART VIII. SEVERABILITY CLAUSE AND EFFECTIVE DATE
SECTION 8.(a) If any provision of this act or its application is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provisions or application and to this end the provisions of this act are severable.
SECTION 8.(b) This act is effective as provided herein. The remainder of this act is effective when it becomes law.