North Carolina Senate Bill 71 Summary

• Requires coal combustion residuals impoundment owners to provide permanent alternative water supplies (preferably connection to public water systems, or filtration systems if cost-prohibitive) to households with drinking water wells within one-half mile of impoundments or in areas where contamination is expected to migrate, with agreements due by October 1, 2017.

• Extends public comment period for proposed coal ash impoundment risk classifications to August 1, 2016, and requires impoundment owners to make at least 2.5 million tons of coal combustion residuals available annually for beneficial use in concrete, with 50% of existing inventory removed.

• Reconstitutes the Coal Ash Management Commission from nine to seven members with five Governor-appointed positions (subject to General Assembly confirmation) and two General Assembly-appointed positions, establishing four-year overlapping terms and requiring the Commission to approve all risk classifications within 120 days or they are deemed disapproved.

• Modifies appointment procedures for the Mining Commission and Oil and Gas Commission to shift majority appointments from the General Assembly to the Governor (subject to General Assembly confirmation), changing from six-year to four-year terms.

• Takes effect upon ratification; addresses separation of powers concerns raised in McCrory v. Berger regarding legislative appointments to executive commissions.