Bill Text: NC S625 | 2011-2012 | Regular Session | Amended

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Bill Title: Conditions for New Environmental Rules

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2011-04-19 - Ref To Com On Agriculture/Environment/Natural Resources [S625 Detail]

Download: North_Carolina-2011-S625-Amended.html

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GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

S                                                                                                                                                     1

SENATE BILL 625

 

 

Short Title:        Conditions for New Environmental Rules.		(Public)
Sponsors:	Senators Preston; and Brown.
Referred to:	Agriculture/Environment/Natural Resources.

April 19, 2011

A BILL TO BE ENTITLED

AN ACT to provide additional requirements to apply to the adoption and implementation of any proposed administrative rule that is an environmental rule.

The General Assembly of North Carolina enacts:

SECTION 1.  Part 1 of Article 7 of Chapter 143B of the General Statutes is amended by adding a new section to read:

"§ 143B‑279.18.  Additional requirements for proposed environmental rules; stakeholder committees.

(a)        In addition to the provisions of Chapter 150B of the General Statutes regarding the adoption of any rule and to the extent the following does not conflict with any federal requirement, no environmental rule may be adopted unless each of the following additional requirements has been satisfied:

(1)        The best available scientific data indicates the proposed environmental rule is needed for the Department to accomplish its duty to protect the environment.

(2)        The Department, prior to publishing the text of the proposed environmental rule in the North Carolina Register, develops a specific plan for conducting a future environmental audit.

(3)        The Department, prior to publishing the text of the proposed environmental rule in the North Carolina Register, prepares an economic impact statement for each county that is affected by the proposed environmental rule.

(b)        An environmental audit under subdivision (2) of subsection (a) of this section must take into consideration any scientific developments that have occurred since the initial adoption of the environmental rule or the most recent environmental audit, if any. The Department shall seek to amend the rule accordingly when the provisions of subdivision (1) of subsection (a) of this section so indicate. As used in this subsection, 'environmental audit' means a scientific evaluation by experts qualified by scientific training and experience to determine the level of current compliance with the environmental rule and the effectiveness of the environmental rule in accomplishing its intended purpose.

(c)        Any stakeholder committee created to consider any proposed environmental rule shall have the following composition:

(1)        At least eighty percent (80%) of the members of the stakeholder committee shall satisfy all of the following criteria:

a.         Be employed in the private sector.

b.         Reside in the city or county that is potentially affected by the proposed environmental rule.

c.         Be familiar with the subject of the proposed environmental rule as shown by the individual's actual experience related to that subject.

d.         Understand the impacts associated with the proposed environmental rule becoming effective.

(2)        The remaining members of the stakeholder committee shall consist of Department staff or any scientists who the Department deems are needed and who are knowledgeable in the subject of the proposed environmental rule as shown by scientific training and experience.

(d)        During the environmental rule‑making process, the Department shall provide technical and advisory assistance as needed to the stakeholder committee under subsection (c) of this section. Once an environmental rule becomes effective, the Department shall continue to provide to the stakeholder committee technical and advisory assistance needed to determine whether the rule is being complied with and its effectiveness in accomplishing its purpose."

SECTION 2.  This act becomes effective September 1, 2011, and applies to any administrative rule that is subject to this act and that is proposed on or after that date for adoption under Article 2A of Chapter 150B of the General Statutes.