A BILL TO BE ENTITLED
AN ACT to extend the sunset for the law that sets the per pound factor used by the environmental management commission to calculate nutrient offset payments and requires that the nutrient offset payMent for nitrogen be calculated as it was prior to certain rule amendments, as recommended by the environmental review commission.
Whereas, the General Assembly established the Riparian Buffer Protection Program (G.S. 143‑214.20) to provide alternatives for persons who would otherwise be required to maintain riparian buffers; and 
Whereas, the General Assembly directed the Environmental Management Commission to establish a compensatory mitigation fee to be paid into the Riparian Buffer Restoration Fund; and
Whereas, the Environmental Management Commission adopted a revised schedule of compensatory mitigation fees for nutrient loading offsets on 12 January 2006 in accordance with the Administrative Procedure Act; and
Whereas, the General Assembly enacted S.L. 2006‑215, as amended by S.L. 2006‑218 and S.L. 2006‑255, which established a temporary per pound factor and method of calculation for nutrient offset fees in lieu of the fee schedule adopted by the Environmental Management Commission and directed the Environmental Review Commission to study issues related to the nutrient offset payment program; and
Whereas, the Environmental Review Commission has entered into a contract with Research Triangle Institute, International (RTI), to provide consultant services for a study of the costs associated with providing nutrient controls that are adequate to offset point source and nonpoint source discharges of nitrogen and other nutrients; and 
Whereas, the contract between the Environmental Review Commission and RTI provides that RTI will make a final report to the Environmental Review Commission on 15 May 2007; and
Whereas, once the Environmental Review Commission has received the final consultant's report from RTI, additional time may be required for the Environmental Review Commission to complete its study and make findings and recommendations; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1.  Section 5 of S.L. 2006‑215, as amended by S.L. 2006‑218 and S.L. 2006‑255, reads as rewritten:
"SECTION 5. This act becomes effective 1 August 2006, and applies to all nutrient offset payments, including those set out in 15A NCAC 2B.0240, as adopted by the Environmental Management Commission on 12 January 2006. This act expires 1 September 2008."
SECTION 2.  This act is effective when it becomes law.