A BILL TO BE ENTITLED
AN ACT to enhance the infrastructure that supports oyster restoration activities and to appropriate funds to help support projects to rehabilitate oyster habitats and sanctuaries.
The General Assembly of North Carolina enacts:
SECTION 1.  There is appropriated from the General Fund to the Department of Environment and Natural Resources the sum of two hundred thousand dollars ($200,000) for the 2005‑2006 fiscal year and the sum of two hundred thousand dollars ($200,000) for the 2006‑2007 fiscal year to be allocated to the Division of Marine Fisheries for the Shellfish Rehabilitation Program.  The funds appropriated under this section shall be used to plant an additional 160,000 bushels per year of cultch material, such as oyster shell, clamshell, or marl.
SECTION 2.  There is appropriated from the General Fund to the Department of Environment and Natural Resources the sum of two hundred thousand dollars ($200,000) for the 2005‑2006 fiscal year and the sum of two hundred thousand dollars ($200,000) for the 2006‑2007 fiscal year to be allocated to the Division of Marine Fisheries to create two oyster sanctuaries per year.
SECTION 3.  There is appropriated from the General Fund to the Department of Environment and Natural Resources the sum of eighty thousand dollars ($80,000) for the 2005‑2006 fiscal year and the sum of eighty thousand dollars ($80,000) for the 2006‑2007 fiscal year to be allocated as follows:
(1)	Of the funds appropriated by this section, the sum of forty‑five thousand dollars ($45,000) shall be used each fiscal year to support a position for an oyster shell recycling coordinator.
(2)	Of the funds appropriated by this section, the sum of thirty‑five thousand dollars ($35,000) shall be used each fiscal year to provide recycling infrastructure.
SECTION 4.  There is appropriated from the General Fund to the Department of Environment and Natural Resources the sum of two hundred thirty‑seven thousand dollars ($237,000) for the 2005‑2006 fiscal year and the sum of two hundred thirty‑seven thousand dollars ($237,000) for the 2006‑2007 fiscal year to be allocated to the Division of Environmental Health as follows:
(1)	Of the funds appropriated by this section, the sum of sixty‑nine thousand dollars ($69,000) shall be used each fiscal year to support a position for a GIS staff person.
(2)	Of the funds appropriated by this section, the sum of one hundred sixty‑eight thousand dollars ($168,000) shall be used each fiscal year to support three positions for shoreline surveyors to expand the pilot program that examines the sources of pollution that affect shellfish growing areas to all shellfish growing areas in the coastal region.
SECTION 5.(a)  The General Assembly finds that under the State Revolving Fund (SRF), Congress provides the states with grant funds to establish revolving loan programs to assist in the funding of wastewater treatment facilities and projects associated with estuary and nonpoint source programs and that in order to receive funding from the SRF, projects must be included on a priority funding list.
SECTION 5.(b)  The installation of stormwater retrofits that improve water quality shall be an equal priority with water and sewer projects under the State Revolving Fund (SRF) and any other grants or loans established under State bond authority through the Department of Environment and Natural Resources, the North Carolina Rural Economic Development Center, or any other entity.  Stormwater retrofits that remove outfalls from waters that have been classified as Class SA waters by the Environmental Management Commission shall be given the highest priority in the SRF rating system, subject to approval by the United States Environmental Protection Agency if required.  As an incentive, SRF loans that are made to eligible entities to install stormwater retrofits that remove outfalls that discharge into Class SA waters shall be free of interest.
SECTION 6.  This act becomes effective 1 July 2005.