Commission Proceedings 



Recovery of attorneys 'fees when a State employee is sued individually 

 George F. Givens, Commission Counsel, explained a legislative proposal that would 

 provide for the recovery of attorneys' fees when a State emloyee is sued individually in 

 connection with the enforcement of environmental laws. Questions were raise about the 

 scope and general advisability of the proposal. The Chairs said the draft would be 

 modified and the issue would be addressed again at the May 9, 2000 meeting of the ERC. 



Authorize DENR to delegate responsibilities to local governments 

 Robin W. Smith, Assistant Secretary for Environmental Protection in DENR, presented a 

 proposal to grant DENR and various commissions responsible for the protection of public 

 health and the environment a general authorization to delegate administrative 

 responsibilities for certain programs to qualified locad governments. Questions were 

 raised about the definition of a "qualified local government." The Chairs said the 

 proposal would be further developed and brought before the ERC again at its May 9, 

 2000 meeting. 



Floodplain regulation (continued from April 25, 2000) 



Ms. Smith also presented a legislative proposal to regulate development in floodplains. 

 The proposal would set minimum standards for development in the 100-year floodplain 

 and authorize local governments to adopt floodplain development ordinances. Failure to 

 adopt a floodplain ordinance consistent with State standards would make a local 

 government ineligible for State disaster relief and State grants and loans for infrastructure 

 projects. Philip S. Letsinger, State Coordinator for the National Flood Insurance Program 

 in the Division of Emergency Management of the Department of Crime Control and 

 Public Safety, spoke in support of the proposal and said it would not negatively impact 

 the availability of flood insurance. Bill Hale of the Department of Insurance said the 

 proposal would also have no effect on the availability of homeowners' insurance. 

 Questions were raised about the accuracy of the maps used to delineate 100-year 

 floodplains. Ms. Smith responded that the proposal provided for the use of newer and 

 better maps as they become available. The Chairs said this proposal would be brought 

 before the ERC again at its May 9, 2000 meeting. 



Water quality monitoring and research 



Larry W. Ausley, Supervisor of the Ecosystems Unit in the Enviroimiental Sciences 

 Branch of the Division of Water Quality in DENR, gave a report on the water quality 

 monitoring and research conducted by various entities across the State. Questions were 

 raised about the degree to which these entities cooperate with each other. Dr. William T. 

 Showers, Associate Professor in the Department olF Marine, Earth, and Atmospheric 

 Sciences at North Carolina State University, said the North Carolina Water Quality Work 

 Group would develop a "white paper" detailing current gaps in water quality research and 

 discussing coordination and cooperation among researchers by the end of the summer. 



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