GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	3
HOUSE BILL 570*
Corrected Copy 3/13/01
 Committee Substitute Favorable 4/24/01

Short Title:	Tar-Pamlico Agricultural Rule.	()	
Sponsors:	     	
Referred to:	     	
March 12, 2001

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR THE IMPLEMENTATION OF THE ADMINISTRATIVE RULE ENTITLED TAR-PAMLICO RIVER BASIN-NUTRIENT SENSITIVE WATERS MANAGEMENT STRATEGY: AGRICULTURAL NUTRIENT CONTROL STRATEGY WITH CERTAIN MODIFICATIONS, TO AUTHORIZE THE ENVIRONMENTAL MANAGEMENT COMMISSION TO INCORPORATE THESE MODIFICATIONS INTO A REVISED ADMINISTRATIVE RULE, AND TO DIRECT THE SOIL AND WATER CONSERVATION COMMISSION TO ADOPT STANDARD BEST MANAGEMENT PRACTICES AND A NUTRIENT LOADING ACCOUNTING METHODOLOGY. 

The General Assembly of North Carolina enacts:
SECTION 1.  Notwithstanding G.S. 150B‑21.3(b), 15A NCAC 2B .0256, (Tar‑Pamlico River Basin‑Nutrient Sensitive Waters Management Strategy: Agricultural Nutrient Control Strategy), as adopted by the Environmental Management Commission on 12 October 2000 and approved by the Rules Review Commission on 20 November 2000, shall become effective on 1 July 2001 and shall be implemented as provided in Sections 2 and 3 of this act.
SECTION 2.(a)  On or before 1 September 2001, a Local Advisory Committee shall be appointed as provided in this section in each county or watershed, as specified by the Basin Oversight Committee, within the Tar‑Pamlico River Basin.  The Local Advisory Committees shall terminate upon a finding by the Environmental Management Commission that the long‑term maintenance of nutrient loads in the Tar‑Pamlico River Basin is assured.
SECTION 2.(b)  Each Local Advisory Committee shall consist of:
(1)	One representative of the local Soil and Water Conservation District.
(2)	One local representative of the United States Department of Agriculture – Natural Resources Conservation Service.
(3)	One local representative of the North Carolina Cooperative Extension Service.
(4)	One local representative of the North Carolina Division of Soil and Water Conservation.
(5)	One local representative of the North Carolina Department of Agriculture and Consumer Services appointed by the Commissioner of Agriculture.
(6)	At least five, but not more than 10 farmers who reside in the county or watershed.
SECTION 2.(c)  The Director of the Division of Water Quality and the Director of the Division of Soil and Water Conservation of the Department of Environment and Natural Resources shall jointly appoint members described in subdivisions (1) through (4) of subsection (b) of this section.  The Commissioner of Agriculture shall appoint the members described in subdivision (6) of subsection (b) of this section from persons nominated by non governmental organizations whose members produce or maintain significant agricultural commodities in each county or watershed.
SECTION 2.(d)  Members of the Local Advisory Committees serve at the pleasure of their appointing authority.
SECTION 3.(a)  For purposes of 15A NCAC 2B .0256, "agricultural operation" is an activity that relates to any of the following pursuits:
(1)	The commercial production of crops or horticultural products.
(2)	The harvesting of trees established on or after 1 July 2001 on land that was previously used primarily for another agricultural operation, as defined in subdivisions (1), (3), and (4) of this subsection and the harvesting of trees established prior to 1 July 2001 pursuant to a cost‑share contract on land previously used primarily for another agricultural operation, as defined in subdivisions (1), (3) and (4) of this subsection. Harvesting trees for silviculture or for any pursuit other than those set out in subdivisions (1), (3), and (4) of this subsection is not an agricultural operation for purposes of 15A NCAC 2B .0256.
(3)	Research activities in support of commercial production.
(4)	The production or management of any of the following number of livestock or poultry, excluding nursing young:
a.	20 or more horses.
b.	20 or more cattle.
c.	25 or more swine.
d.	15 or more sheep.
e.	20 or more goats.
f.	160 or more turkeys.
g.	1,000 or more chickens.
h.	A number of any other single species of livestock or poultry that exceeds 4,000 pounds of live weight at any time.
i.	A combination of livestock or poultry species where the number of any single species is equal to or greater than the number under sub‑subdivisions a. through h. of this subdivision.
SECTION 3.(b)  For purposes of 15A NCAC 2B .0256, "commercial" means a pursuit conducted primarily for financial gain or profit.
SECTION 3.(c)  The nutrient removal function of trees that are harvested in connection with an agricultural operation shall be replaced through other measures to meet local nutrient reduction goals and to maintain local nutrient control strategies.
SECTION 4.  No person who is subject to 15A NCAC 2B .0256 shall be required to implement a best management practice for pasture‑based production or management of livestock until the Soil and Water Conservation Commission has adopted standard best management practices for livestock and poultry production and management and until the Soil and Water Conservation Commission adopts a nutrient loading accounting methodology that includes credit for reductions in nutrient loading that have been achieved since 1 January 1992.  The Soil and Water Conservation Commission shall involve Local Advisory Committees established pursuant to Section 2 of this act, persons engaged in the production and management of livestock and poultry, and organizations that represent these persons in the development of standard best management practices and the nutrient loading accounting methodology.  The Soil and Water Conservation Commission shall adopt standard best management practices and a nutrient loading accounting methodology no later than 1 July 2002.
SECTION 5.(a)  This act constitutes a recent act of the General Assembly within the meaning of G.S. 150B‑21.1(a).
SECTION 5.(b)  The Environmental Management Commission may adopt a temporary rule that incorporates the provisions of Sections 2 and 3 of this act.  Notwithstanding G.S. 150B‑21.1(d), a temporary rule adopted in accordance with this section shall remain in effect until a temporary or permanent rule adopted to replace the temporary rule becomes effective.
SECTION 5.(c)  If the Environmental Management Commission adopts a temporary rule as provided in subsection (b) of this section, the Commission may thereafter amend the temporary rule to revise the number of livestock or poultry that constitutes an animal operation by adopting a temporary rule.  In revising the number of livestock or poultry that constitutes an animal operation, the Commission shall consider the behavior characteristic of each species, equivalent nutrient production of each species, and other relevant factors.  Prior to the adoption of a temporary rule under this subsection, the Commission shall publish a notice of intent to adopt a temporary rule in the North Carolina Register.  The notice shall set out the text of the proposed temporary rule and include the name of the person to whom questions and written comment on the proposed temporary rule may be addressed.  The Commission shall accept written comment on the proposed temporary rule for at least 30 days after the notice of intent to adopt a temporary rule is published in the North Carolina Register.
SECTION 6.  Except as provided by Sections 2 and 3 of this act, this act does not limit the authority of the Environmental Management Commission to adopt rules to improve water quality and to limit nutrient loading from agricultural operations pursuant to Article 21 of Chapter 143 of the General Statutes.
SECTION 7.  This act is effective retroactively to the date on which it is ratified.  If the Environmental Management Commission adopts a temporary rule as provided in subsection (b) of Section 5 of this act, Sections 2 and 3 of this act expire when the temporary rule becomes effective.