A BILL TO BE ENTITLED
AN ACT to establish the waterfront access study committee and to direct the committee to study the loss of diversity of uses along the coastal shoreline of north carolina and how these losses impact access to the public trust waters of the state, as recommended by the joint legislative commission on seafood and aquaculture.
Whereas, there is a growing concern that the State may be experiencing a loss of diversity of uses along its coastal shoreline as more people seek waterfront property; and
Whereas, many of the State's waterfront uses such as public marinas, boat building and boat servicing companies, commercial fishing facilities, fish houses, and other commercial establishments that depend on water access are being replaced by residential properties; and
Whereas, the North Carolina Marine Fisheries Commission and the North Carolina Coastal Resources Commission have adopted resolutions recognizing the importance of waterfront access issues; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1.  Committee Created. – There is created the Waterfront Access Study Committee.
SECTION 2.  Membership. – The Committee shall be comprised of 20 members as follows:
(1)	The Director of the Sea Grant College Program of The University of North Carolina or the Director's designee.
(2)	The Senate Cochair of the Joint Legislative Commission on Seafood and Aquaculture or the Cochair's designee.
(3)	The House Cochair of the Joint Legislative Commission on Seafood and Aquaculture or the Cochair's designee.
(4)	The Chair of the Marine Fisheries Commission or the Chair's designee.
(5)	The Chair of the Coastal Resources Commission or the Chair's designee.
(6)	The Chair of the Wildlife Resources Commission or the Chair's designee.
(7)	The Director of the Division of Marine Fisheries or the Director's designee.
(8)	The Director of the Division of Coastal Management or the Director's designee.
(9)	A representative of a local government located in the Northeast Coastal Region, as described by G.S. 143B‑289.54(b), appointed by the President Pro Tempore of the Senate.
(10)	A representative of a local government located in the Central Coastal Region, as described by G.S. 143B‑289.54(b), appointed by the Speaker of the House of Representatives.
(11)	A representative of a local government located in the Southeast Coastal Region, as described by G.S. 143B‑289.54(b), appointed by the President Pro Tempore of the Senate.
(12)	An economist appointed by the Speaker of the House of Representatives.
(13)	A representative of the residential building industry who builds in a coastal region as described in G.S. 143B‑289.54(b), appointed by the President Pro Tempore of the Senate.
(14)	A realtor licensed under Chapter 93A of the General Statutes, appointed by the Speaker of the House of Representatives.
(15)	A director of a public parks and recreation agency located in a coastal region as described in G.S. 143B‑289.54(b), appointed by the President Pro Tempore of the Senate.
(16)	A representative of the marine trades industry appointed by the Speaker of the House of Representatives.
(17)	A representative of the commercial fishing industry appointed by the President Pro Tempore of the Senate.
(18)	A representative of the recreational fishing industry appointed by the Speaker of the House of Representatives.
(19)	A social scientist appointed by the President Pro Tempore of the Senate.
(20)	A representative of the environmental community appointed by the Speaker of the House of Representatives.
Members shall serve at the pleasure of the appointing authority.
SECTION 3.  Duties of the Committee. – The Committee, with the assistance of the Sea Grant College Program of The University of North Carolina and the North Carolina Coastal Resources Law, Planning, and Policy Center, shall study the degree of loss and potential loss of the diversity of uses along the coastal shoreline of North Carolina and how these losses impact access to the public trust waters of the State.  Specifically, the Committee shall:
(1)	Gather information about local land‑use management and zoning, current shoreline development trends, and local tax rates, including tax assessment trends for shoreline properties.
(2)	Collect research and information from North Carolina and other states and jurisdictions regarding incentive‑based techniques and management tools used to preserve waterfront diversity.
(3)	Assess the applicability of such tools and techniques to the coastal shorelines of North Carolina.
(4)	Prepare a draft report with a statement of the issues, a summary of the research, and recommendations to address issues of diversity of waterfront use and access in North Carolina.
(5)	Hold three public meetings to present the draft report and recommendations to the public and user groups. One public meeting shall be held in each of the three coastal regions described by G.S. 143B‑289.54(b).
SECTION 4.  Vacancies. – Any vacancy shall be filled by the original appointing authority.
SECTION 5.  Quorum. – A quorum of the Committee shall be a majority of its members.
SECTION 6.  Chair. – The Director of the Sea Grant College Program of The University of North Carolina or the Director's designee shall be the Chair of the Committee.
SECTION 7.  Meetings. – The Committee shall meet upon the call of the Chair.
SECTION 8.  Expenses of Members. – Members of the Committee shall receive per diem, subsistence, and travel allowances in accordance with G.S. 120‑3.1, 138‑5, or 138‑6, as appropriate.
SECTION 9.  Report. – The Committee may submit an interim report of its study to the Joint Legislative Commission on Seafood and Aquaculture, the Marine Fisheries Commission, and the Coastal Resources Commission no later than November 1, 2006. The Committee shall submit a final report of the results of its study, including any legislative recommendations, to the Joint Legislative Commission on Seafood and Aquaculture, the Marine Fisheries Commission, and the Coastal Resources Commission no later than January 15, 2007.
SECTION 10.  Expiration of Committee. – The Committee shall terminate on January 31, 2007, or upon the filing of its final report, whichever occurs first.
SECTION 11.  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 12.  This act becomes effective July 1, 2006.