an act to Create the land and water conservation Study Commission.

Whereas, North Carolina has more than 3,000 miles of streams that fail to meet State water quality standards; and
Whereas, North Carolina is losing natural areas, historic sites, and agricultural and forestry lands at a rate of over 100,000 acres per year; and
Whereas, North Carolina's waters, open lands, and historic properties are critical to our State's economic future and quality of life; and
Whereas, land costs are increasing rapidly; and
Whereas, Article XIV, Section V of the State Constitution states, "North Carolina must use every appropriate way to preserve as part of the common heritage of this State its forests, wetlands, estuaries, beaches, historical sites, open lands and places of beauty;" and
Whereas, G.S. 113A‑241(a) provides, "The State of North Carolina shall encourage, facilitate, plan, coordinate, and support appropriate federal, State, local, and private land protection efforts so that an additional one million acres of farmland, open space, and conservation lands in the State are permanently protected by December 31, 2009."; and
Whereas, traditional methods for funding the State's Clean Water Management Trust Fund, Parks and Recreation Trust Fund, Natural Heritage Trust Fund, Agricultural Development and Farmland Preservation Trust Fund, and economic development efforts related to land and water conservation have failed to keep pace with conservation needs and rapidly rising land costs and are not able to meet the State's conservation goals at current funding levels; Now, therefore, 

The General Assembly of North Carolina enacts:

SECTION 1.  Commission Established. – The Land and Water Conservation Commission is hereby established.
SECTION 2.  Membership. –The Commission shall consist of 16 members as follows:
(1)	Five members appointed by the President Pro Tempore of the Senate.
(2)	Five members appointed by the Speaker of the House of Representatives.
(3)	The State Treasurer or the State Treasurer's designee.
(4)	The Director of the Governor's Policy Office or the Director's designee.
(5)	The Secretary of Environment and Natural Resources or the Secretary's designee.
(6)	Three representatives from the public at large appointed by the Governor.
SECTION 3.  Cochairs. – The Commission shall have two cochairs, one designated by the President Pro Tempore of the Senate and one designated by the Speaker of the House of Representatives from among their respective appointees. The Commission shall meet upon the call of the cochairs.
SECTION 4.  Quorum. – A quorum of the Commission shall consist of nine members.
SECTION 5.  Vacancies. – Any vacancy on the Commission shall be filled by the original appointing authority.
SECTION 6.  Purpose and Duties. – The Commission shall:
(1)	Identify and evaluate the existing sources of State funding for: (i) the public acquisition of land or interests in land to protect drinking water quality and prevent polluted runoff, conserve rivers, wetlands, floodplains, coastal waters, working farms, working forests, local parks, State parks, game lands and other natural areas, urban forests, and land visible from scenic highways in North Carolina; (ii) historic preservation; and (iii) economic and community development tied to land and water conservation and historic preservation. 
(2)	Collect research and information from North Carolina and other states and jurisdictions regarding incentive based techniques and management tools used to protect land and water and assess the applicability of such tools and techniques to land conservation in North Carolina.
(3)	Prepare a draft report with a statement of the issues, a summary of the research, and recommendations to address funding needs and other issues affecting land and water conservation in North Carolina.
(4)	Hold at least three public meetings, including at least one meeting in the Mountains, Piedmont, and the Coastal Plain region of the State to present the draft report and recommendations to the public and user groups.
SECTION 7.  Expenses of Members. – Members of the Commission shall receive per diem, subsistence, and travel allowances in accordance with G.S. 120‑3.1, 138‑5, or 138‑6, as appropriate.
SECTION 8.  Staff. – Upon the prior approval of the Legislative Services Commission, the Legislative Services Officer shall assign professional staff to the Commission to aid in its work.
SECTION 9.  Consultants. – The Commission may hire consultants to assist with the study as provided in G.S. 120‑32.02(b).
SECTION 10.  Meetings. – The Commission may meet in the Legislative Building or the Legislative Office Building upon the approval of the Legislative Services Commission.
SECTION 11.  Report. – The Commission shall report its findings and recommendations to the General Assembly and the Environmental Review Commission on or before 1 February 2007, at which time the Commission shall terminate.
SECTION 12.  Funding. – From funds appropriated to the General Assembly, the Legislative Services Commission shall allocate funds for the purpose of conducting the study provided for in this act.
SECTION 13.  Effective Date. – This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 27th day of July, 2006.

	_____________________________________
		 Beverly E. Perdue
	 President of the Senate

	_____________________________________
		 James B. Black
	 Speaker of the House of Representatives

	_____________________________________
		 Michael F. Easley
	 Governor

Approved __________.m. this ______________ day of ___________________, 2006