A BILL TO BE ENTITLED
AN ACT TO ESTABLISH THE ROANOKE RIVER BASIN ADVISORY cOMMITTEE AND THE ROANOKE RIVER BASIN BI‑STATE COMMISSION AND TO APPROPRIATE FUNDS FOR THEIR SUPPORT.
The General Assembly of North Carolina enacts:
SECTION 1.  Chapter 120 of the General Statutes is amended by adding a new article to read:
"Article 29
"Roanoke River Basin Advisory Committee; Roanoke River Bi-State Commission
Part 1. Roanoke River Basin Advisory Committee.
"§ 120-260.  Committee:  established; membership; vacancies; terms.
(a)	The North Carolina Roanoke River Advisory Committee is established as an advisory committee to the North Carolina delegation to the Roanoke River Basin Bi-State Commission to assist the delegation in fulfilling the duties and carrying out the objectives of the Commission, pursuant to G.S. 120-266. 
(b)	The advisory committee shall be composed of 19 members to be appointed as follows:
(1)	Four members of the House of Representatives, whose districts include a part of the North Carolina portion of the Roanoke River Basin, to be appointed by the Speaker of the House of Representatives.
(2)	Two members of the Senate, whose districts include a part of the North Carolina portion of the Roanoke River Basin, to be appointed by the President Pro Tempore of the Senate.
(3)	The North Carolina member of the U.S. House of Representatives, whose district includes the largest portion of the Basin, or that Representative's designee, if the Representative elects to serve on the advisory committee.
(4)	12 members, six selected by the Speaker of the House of Representatives and six selected by the President Pro Tempore of the Senate such that two are chosen from recommendations of each of the following:  Piedmont Triad Council of Governments, Northwest Piedmont Council of Governments, Kerr-Tar Regional Council of Governments, Upper Coastal Plain Council of Governments, Mid-east Commission, and the Albemarle Regional Planning and Development Commission. Of the recommendations submitted by councils of governments and commissions authorized to recommend two members, one member shall be a citizen who resides within the respective planning district. All persons recommended by the councils of governments and commissions to serve as members of the advisory committee shall reside within the Basin, represent the diversity of interests in the jurisdictions comprising the respective councils of governments and commissions, and demonstrate interest, experience, or expertise in water-related Basin issues. 
(5)	In addition, persons representing the interests of the State of Virginia who may be appointed to the advisory committee shall serve as non-voting ex officio members.
(c)	State and federal legislative members appointed to the advisory committee shall serve terms coincident with their terms of office. Members recommended by councils of governments and commissions to serve on the advisory committee and ex officio members representing the State of Virginia shall serve a term of two years. Initially, councils of governments and commissions authorized to recommend two members to the advisory committee shall recommend one member for a term of two years and one member for a term of one year. Thereafter, the term of office of members recommended by councils of governments and commissions shall be for two years. A member recommended by a council of governments or a commission shall be eligible for reappointment, if the member has attended at least one-half of all meetings of the Committee during his or her current term of service. However, no member recommended by a council of governments or a commission shall serve more than three consecutive two-year terms.
Appointments to fill vacancies shall be made for the unexpired terms. Vacancies shall be filled in the same manner as the original appointment. 
"§ 120-261.  Committee:  meetings.
The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall appoint a cochair each from the membership of the Committee. The Committee shall meet upon the call of the cochairs.
"§ 120-262.  Committee:  reimbursement.
The Committee members shall receive no salary as a result of serving on the Committee but shall receive necessary subsistence and travel expenses in accordance with the provisions of G.S. 120-3.1, 138-5, and 138-6, as applicable.
"§ 120-263.  Committee:  authority.
The Committee may obtain information and data from all State officers, agents, agencies, and departments, while in discharge of its duties, under G.S. 120-19, as if it were a committee of the General Assembly. The provisions of G.S. 120-19 through G.S. 120-19.4 shall apply to the proceedings of the Committee as if it were a committee of the General Assembly. Any cost of providing information to the Committee not covered by G.S. 120-19.3 may be reimbursed by the Committee from funds appropriated to it for its continuing duties.
"§ 120-264.  Staffing; meeting place.
The Department of Environment and Natural Resources shall provide staffing and meeting facilities for the Committee.
Part 2. Roanoke River Basin Bi-State Commission
"§ 120-265.  Definitions.
The following definitions apply in this Part:
(1)	`Basin' means the Roanoke River Basin.
(2)	`Commission' means the Roanoke River Basin Bi-State Commission.
(3)	`Roanoke River Basin' means that land area designated as the Roanoke River Basin by the North Carolina Department of Environment and Natural Resources pursuant to G.S. 143-215.8B and the Virginia State Water Control Board pursuant to Virginia § 62.1-44.38."§ 120-266.  Commission established; purposes.
There is established the Roanoke River Basin Bi-State Commission. The Commission shall be composed of members from the State of North Carolina and the Commonwealth of Virginia. The purposes of the Commission shall be as follows:
(1)	To provide guidance and make recommendations to local, state and federal legislative and administrative bodies, and to others as its deems necessary and appropriate, for the use, stewardship and enhancement of the water, and other natural resources, for all citizens within the Roanoke River Basin.
(2)	To provide a forum for discussion of issues affecting the Basin's water quantity and water quality, and issues affecting other natural resources.
(3)	To promote communication, coordination and education among stakeholders within the Roanoke River Basin.
(4)	To identify problems and recommend appropriate solutions.
(5)	To undertake studies and prepare, publish and disseminate information through reports, and in other forms, related to water quantity, water quality and other natural resources of the Basin.
(6)	To establish advisory committees that represent a balance of recognized interests.
"§ 120-267.  Membership; terms of office; eligibility for appointment.
(a)	The Roanoke River Basin Bi-State Commission shall consist of 18 members with each state appointing nine members. The North Carolina delegation shall consist of the six legislative members appointed to the North Carolina Roanoke River Basin Advisory Committee and three nonlegislative members of the North Carolina Roanoke River Basin Advisory Committee, who represent different geographical areas of the North Carolina portion of the Roanoke River Basin, to be appointed by the Governor of North Carolina.
(b)	All members appointed to the Commission by the State of North Carolina and the Commonwealth of Virginia shall reside within the Basin's watershed. Members of the North Carolina House of Representatives and Senate, the Virginia House of Delegates and Senate, and federal legislators, who have not been appointed to the Commission and whose districts include any portion of the Basin, may serve as nonvoting ex officio members of the Commission.
(c)	The term of office for an appointed member shall be two years, unless the appointing authorities of each state reappoint the member. Appointments to fill vacancies shall be made for the unexpired terms. Vacancies shall be filled in the same manner as the original appointment. State and federal legislators and local government officials, whether appointed or ex officio, shall serve terms coincident with their terms of office. 
(d)	Each state's delegation to the Commission may meet separately to discuss Basin-related issues affecting their state, and may report their findings independently of the Commission. 
"§ 120-268.  Roanoke River Basin Bi-State Commission powers and duties. 
(a)	The Commission shall have no regulatory authority. 
(b)	To perform its duties and objectives, the Commission shall have the following powers: 
(1)	To develop rules and procedures for the conduct of its business or as may be necessary to perform its duties and carry out its objectives, including, but not limited to, selecting a chairman and vice-chairman, rotating chairmanships, calling meetings and establishing voting procedures. Rules and procedures developed pursuant to this subdivision shall be effective upon an affirmative vote by a majority of the Commission members.
(2)	To establish standing and ad hoc advisory committees, which shall be constituted in a manner to ensure a balance between recognized interests. The Commission shall determine the purpose of each advisory committee.
(3)	To seek, apply for, accept and expend gifts, grants and donations, services and other aid from public or private sources. With the exception of funds provided by the planning district commissions, councils of governments and commissions, and funds appropriated by the General Assemblies of Virginia and North Carolina, the Commission may accept funds only after an affirmative vote by a majority of the members of the Commission or by following any other procedures that are established by the Commission for the conduct of its business.
(4)	To establish a nonprofit corporation to assist in the details of administering its affairs and in raising funds.
(5)	To enter into contracts and execute all instruments necessary or appropriate.
(6)	To perform any lawful acts necessary or appropriate for the furtherance of its work.
"§ 120-269.  Standing and ad hoc committees.
To facilitate communication among stakeholders in the Roanoke River Basin, and to maximize participation by all interested parties, the Commission shall establish both standing and ad hoc committees. The Commission shall appoint the members of the standing and ad hoc committees, in accordance with guidelines adopted by the Commission. The standing committees shall include all of the following: 
(1)	Permit holders. The Commission shall identify those entities that hold permits issued by a federal, state or local regulatory agency pertaining to the water of the Basin. Such entities may recommend a representative to be appointed to the committee by the Commission. 
(2)	Roanoke River Basin interest groups. The Commission shall identify interest groups that may recommend a representative to be appointed to the committee by the Commission. 
(3)	Public officials and government entities. The committee shall be composed of representatives of each county, city and town located completely or partially within the Basin. Also, other governmental entities that the Commission deems appropriate may recommend one member to be appointed to the committee by the Commission. The committee may also include the U.S. Senators from North Carolina and Virginia or their designees, and any member of the U.S. House of Representatives or the Representative's designee, whose district includes any portion of the Basin, if the members elect to serve on the committee. 
(4)	Agriculture, forestry and soil and water conservation districts. The Commission shall identify persons who represent agricultural and forestry interests throughout the Basin and representatives from the soil and water conservation districts within the Basin and shall appoint representatives from these groups to the committee.
"§ 120-270.  Staffing and support. 
(a)	The North Carolina Department of Environment and Natural Resources and the Virginia Department of Environmental Quality shall provide staff support to the Commission. Additional staff may be hired or contracted by the Commission through funds raised by or provided to it. The duties and compensation of any additional staff shall be determined and fixed by the Commission, within available resources. 
(b)	All agencies of the State of North Carolina and the Commonwealth of Virginia shall cooperate with the Commission and, upon request, shall assist the Commission in fulfilling its responsibilities. The North Carolina Secretary of Environment and Natural Resources and the Virginia Secretary of Natural Resources or their designees shall each serve as the liaison between their respective state agencies and the Commission. 
"§ 120-271.  Funding. 
(a)	The Commission shall annually adopt a budget that shall include the Commission's estimated expenses. Funding for the Commission shall be shared and apportioned between the State of North Carolina and the Commonwealth of Virginia. The appropriation of public funds to the Commission shall be provided through each state's regular process for appropriating public funds. The North Carolina councils of governments and commissions named in G.S. 120-260(b)(4) shall bear a proportion of North Carolina's share of the expenses, which may be in the form of in-kind contributions.
(b)	The Commission shall designate a fiscal agent. 
(c)	The accounts and records of the Commission showing the receipt and disbursement of funds from whatever source derived shall be in the form that the North Carolina State Auditor and the Virginia Auditor of Public Accounts prescribe, provided that the accounts shall correspond as nearly as possible to the accounts and records for such matters maintained by similar enterprises. The accounts and records of the Commission shall be subject to an annual audit by the North Carolina State Auditor and the Virginia Auditor of Public Accounts or their legal representatives, and the costs of the audit services shall be borne by the Commission. The results of the audits shall be delivered to the appropriate legislative oversight committees in each state.
"§ 120-272.  Compensation and expenses of Commission members. 
(a)	The North Carolina members of the Commission shall receive per diem, subsistence, and travel expenses as follows: 
(1)	Commission members who are members of the General Assembly at the rate established in G.S. 120‑3.1.
(2)	Commission members who are officials or employees of the State or of local government agencies at the rate established in G.S. 138‑6.
(3)	All other Commission members at the rate established in G.S. 138‑5.
(b)	Legislative members of the Virginia delegation to the Commission shall receive such compensation as provided in Virginia § 30-19.12, and shall be reimbursed for reasonable and necessary expenses incurred in the performance of their duties as provided in Virginia § 2.2-2825. However, all such expenses shall be paid from existing appropriations and funds provided to the Commission. 
"§ 120-273.	Annual report required. 
The Commission shall submit an annual report, including any recommendations, to the Governor and General Assembly of North Carolina and the Governor and General Assembly of Virginia.
"§ 120-274.  Commission:  Terminate upon repeal of comparable Virginia authorizing legislation.
If the Virginia General Assembly repeals its comparable legislation establishing the Roanoke River Bi-State Commission, then the Roanoke River Basin Bi-State Commission shall terminate and the North Carolina Roanoke River Basin Advisory Committee shall assume the powers and duties of the Roanoke River Basin Bi-State Commission in accordance with G.S. 120-268."
SECTION 2.  There is appropriated from the General Fund to the General Assembly the sum of fifty thousand dollars ($50,000) for the 2002‑2003 fiscal year for the expenses of the Roanoke River Basin Advisory Committee and the Roanoke River Basin Bi‑State Commission.
SECTION 3.  This act becomes effective July 1, 2002.