GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	2 

HOUSE BILL 2260*
Environment & Natural Resources Senate Committee Substitute Adopted 7/17/90

Short Title:  Environmental Tech. Corr.	(Public)
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Sponsors:
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Referred to:  
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June 1, 1990

A BILL TO BE ENTITLED
AN ACT TO MAKE CLARIFYING, CONFORMING, AND TECHNICAL AMENDMENTS TO VARIOUS LAWS RELATING TO ENVIRONMENT, HEALTH, AND NATURAL RESOURCES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 66-58(b)(2) reads as rewritten:
"(2)	The Department of Human Resources, the Department of Environment, Health, and Natural Resources, or the Department of Agriculture for the sale of serums, vaccines, and other like products."
Sec. 2.  G.S. 90-85.34A(a)(3) reads as rewritten:
"(3)	Only prescription drugs and devices contained in a formulary recommended by the Department of Environment, Health, and Natural Resources and approved by the Board shall be dispensed;".
Sec. 3.  G.S. 104G-21(e) is amended by deleting "(c)”and substituting "(d)".
Sec. 4.  G.S. 113-202.1(c), as enacted by Chapter 423 of the 1989 Session Laws, is amended by deleting "G.S. 113A-202(d)”and inserting in lieu thereof "G.S. 113-202(d)".
Sec. 5.  G.S. 104E-6.1(a) is amended by deleting the word "landfill”each time it occurs and substituting the word "disposal".
Sec. 6.  G.S. 130A-101 is amended by adding a new subsection to read:
"( g)	Each parent shall provide his or her social security number to the person responsible for preparing and filing the certificate of birth."
Sec. 7.  The catch line of G.S. 130A-291 reads as rewritten:
"§ 130A-291. Division of Solid Waste Management."
Sec. 8.  G.S. 130A-291(a) reads as rewritten:
"(a)	For the purpose of promoting and preserving an environment that is conducive to public health and welfare, and preventing the creation of nuisances and the depletion of our natural resources, the Department shall maintain a Division of Solid Waste Management to promote sanitary processing, treatment, disposal, and statewide management of solid waste and the greatest possible recycling and recovery of resources, and the Department shall employ and retain such qualified personnel as may be necessary to effect such purposes.  It is the purpose and intent of the State to be and remain cognizant not only of its responsibility to authorize and establish the statewide solid waste management program, but also of its responsibility to monitor and supervise, through the Department, the activities and operations of units of local government implementing a permitted solid waste management facility serving a specified geographic area in accordance with a solid waste management plan."
Sec. 9.  G.S. 130A-310.5(c), as amended by Section 4 of Chapter 286 of the 1989 Session Laws, is amended by deleting the phrase "Emergency Hazardous Waste Site Remedial Fund”and substituting in lieu thereof "Emergency Response Fund".
Sec. 10.  G.S. 130A-310.7(a), as amended by Section 6 of Chapter 286 of the 1989 Session Laws, is amended by deleting the semicolon following the word "substance”and substituting a comma in lieu thereof.
Sec. 11.  G.S. 130A-310.22, as enacted by Section 10 of Chapter 286 of the 1989 Session Laws, is amended by deleting the phrase "42 U.S.C. § 9604(b)(9)”and inserting in lieu thereof "42 U.S.C. § 9604(c)(9)".
Sec. 12.  G.S. 130A-342(c), as enacted by Chapter 764 of the 1989 Session Laws, reads as rewritten:
"(c)	The performance of individual aerobic treatment plants is to be documented by the counties and sent to the Department of Environment, Health, and Natural Resources."
Sec. 13.  G.S. 130B-15(e), as enacted by Chapter 168 of the 1989 Session Laws, reads as rewritten:
"(e)	The Commission shall provide through its own personnel, private contractors, cooperative agreement with other governmental agencies, or any combination thereof, any active maintenance or remedial actions that may be required.  Payment for the cost thereof shall be made from the Long-Term Care Fund established pursuant to G.S. 130B-17."
Sec. 14.  G.S. 143-439(b) reads as rewritten:
"(b)	The Pesticide Advisory Committee shall consist of:  three practicing farmers; one conservationist (at large); one ecologist (at large); one representative of the pesticide industry; one representative of agribusiness (at large); one local health director; three members of the North Carolina State University School of Agriculture and Life Sciences, at least one of which shall be from the area of wildlife or biology; one member representing the North Carolina Department of Agriculture; one member representing the Department of Environment, Health, and Natural Resources; the State Health Director or his designee; one representative of a public utility or railroad company which uses pesticides; one representative of the Board of Transportation; one member of the North Carolina Agricultural Aviation Association; one member of the general public (at large); one member actively engaged in forest pest management; and one member representing the Division of Solid Waste Management of the Department of Environment, Health, and Natural Resources.  Each State agency represented on the Committee shall be appointed by the head of the agency.  Other members of the Committee shall be appointed by the Board."
Sec. 15.  Subsection (a) of Section 5 of Chapter 426 of the 1989 Session Laws reads as rewritten:
	"(a) The Environmental Management Commission shall adopt water supply watershed classifications and applicable management requirements as required by G.S. 143-214.5(b) no later than 1 January 1991."
Sec. 16.  Subsection (b) of Section 5 of Chapter 426 of the 1989 Session Laws reads as rewritten:
"(b)	The Environmental Management Commission shall publish the proposed classification of all existing water supply watersheds under the classifications adopted pursuant to G.S. 143-214.5(b) no later than 1 January 1991.  The Environmental Management Commission shall complete the classification of all existing water supply watersheds no later than 1 January 1992."
Sec. 17.  G.S. 143-215.1(b1)(4), as enacted by Section 2 of Chapter 354 of the 1989 Session Laws, reads as rewritten:
"(4)	Requirements of subsection (a) of this section that the Department review and approve of each individual facility."
Sec. 18.  G.S. 143-350 is amended by deleting "G.S. 143-214”and substituting in lieu thereof "G.S. 143B-282".
Sec. 19. (a) G.S. 143B-279.4 reads as rewritten:
"§ 143B-279.4.  The Department of Environment, Health, and Natural Resources – Secretary; Deputy Secretaries.
(a)	The Secretary of Environment, Health, and Natural Resources shall be the head of the Department.
(b)	The Secretary may appoint two Deputy Secretaries."
(b) The Revisor of Statutes shall delete every reference to the Secretary of the Department of Environment, Health, and Natural Resources, the Secretary of the North Carolina Department of Environment, Health, and Natural Resources, any such similar reference, and any reference to any predecessor officers in any portion of the General Statutes and substitute, as appropriate and consistent with this act and Chapter 727 of the 1989 Session Laws, the phrase "Secretary of Environment, Health, and Natural Resources."
Sec. 20.  G.S. 159I-3(a)(6) as enacted by Chapter 756 of the 1989 Session Laws reads as rewritten:
"(6)	‘Division' means the Division of Solid Waste Management of the Department of Environment, Health, and Natural Resources and any successor of said Division."
Sec. 21.  G.S. 159I-7(b), as enacted by Chapter 756 of the 1989 Session Laws, reads as rewritten:
"(b)	Moneys in the Solid Waste Management Loan Fund may be invested in the same manner as permitted for investments of funds belonging to the State or held in the State treasury.  Interest earnings derived from such investments shall be credited to the Fund, credited to such other use as may be provided in a trust agreement or resolution securing any bonds or notes issued under the provisions of this Chapter, or credited to such other use, including the payment of administrative expenses of the Agency, the costs of research for solid waste management programs and the making of grants for such research, as may be directed by the Board.
(b1)	In connection with solid waste research to be contracted for by the Division, the Secretary of Environment, Health, and Natural Resources shall negotiate, with the Board of the Agency, a memorandum of agreement which shall contain necessary rules and provisions for certifying that proper competitive bid procedures, and when appropriate, proper sole source bid procedures, for contracts have been executed in connection with a Request for Proposals (RFP); and, which shall state that a previously determined one-to-one match requirement from private sector sources has been met in accordance with rules and provisions set out in the memorandum of agreement, and that the Secretary is ready to award a contract for a specified amount.  The Treasurer, at the direction of the board, shall certify that funds are available and that the purpose of the contract is consistent with provisions for the use of solid waste loan program proceeds."
Sec. 22.  G.S. 159I-15(d) is amended in the second sentence by deleting the phrase "place or place”and substituting in lieu thereof the phrase "place or places".
Sec. 23.  G.S. 159I-15(e) is amended in the third paragraph by deleting the word "at”as it appears in the phrase "such price or prices at the Local Government Commission shall determine”and substituting in lieu thereof the word "as".
Sec. 24.  G.S. 159I-16(c) is amended in the second sentence by deleting the word "noticed”as it appears in the phrase "irrespective of whether such parties have noticed thereof”and substituting in lieu thereof the word "notice".
Sec. 25.  G.S. 159I-16(d) is amended by inserting a comma after the word "Agency”as it appears in the phrase "costs of operation of the Agency".
Sec. 26.  G.S. 159I-30(h) is amended:
(a)	In the first sentence by deleting the word "form”as it appears in the phrase "40 years form their date”and substituting in lieu thereof the word "from"; and
(b)	In the second sentence by deleting the phrase "place or place”and substituting in lieu thereof the phrase "place or places".
Sec. 27.  Section 2 of Chapter 129 of the 1989 Session Laws reads as rewritten:
	"Sec. 2.  This act applies only to the inland waters of the Black River in Sampson, Pender, and Bladen Counties between Clear Run Bridge at Highway 411 and its junction with the Cape Fear River, and to that portion of South River in Sampson and Bladen Counties from Ennis Bridge at Highway 1007 to its junction with the Black River."
Sec. 28.  Section 1 of Chapter 764 of the 1989 Session Laws is repealed.
Sec. 29.  Subsection (1) of Section 2 of Chapter 146 of the 1989 Session Laws reads as rewritten:
"(1)	””””That certain tract or parcel of land at Jockey's Ridge State Park in Dare County, Nags Head Township, more particularly described as follows:  Beginning at an iron rod which is located North 39°07'08”West 74.96 feet from an iron pipe having a NC Coordinate value of X-2996057.363 and Y-823796.892, said iron rod also being located in a common property line between the State of North Carolina and R. M. Ritchie, et al.; thence running from said beginning point South 39°07'08”East 10 feet to a point; thence North 49°10'51”East 47.98 feet to a point in the right-of-way of U.S. 158 Bypass; thence northwesterly along the aforementioned right-of-way 10 feet to an iron rod; thence South 49°10'51”West 47.98 feet to the point and place of beginning and containing 479.80 square feet more or less, and as drawn out by the Design and Development Section of the Division of Parks and Recreation on a map dated November 8, 1988."
Sec. 30.  G.S. 143-260.10(3) reads as rewritten:
"(3)	All lands within the boundaries of Jockey's Ridge State Park as of April 4, 1989, with the exception of the following tract: ””””That certain tract or parcel of land at Jockey's Ridge State Park in Dare County, Nags Head Township, more particularly described as follows:  Beginning at an iron rod which is located North 39°07'08”West 74.96 feet from an iron pipe having a NC Coordinate value of X-2996057.363 and Y-823796.892, said iron rod also being located in a common property line between the State of North Carolina and R. M. Ritchie, et al.; thence running from said beginning point South 39°07'08”East 10 feet to a point; thence North 49°10'51”East 47.98 feet to a point in the right-of-way of U.S. 158 Bypass; thence northwesterly along the aforementioned right-of-way 10 feet to an iron rod; thence South 49°10'51”West 47.98 feet to the point and place of beginning and containing 479.80 square feet more or less, and as drawn out by the Design and Development Section of the Division of Parks and Recreation on a map dated November 8, 1988."
Sec. 31.  G.S. 143-279.3 is rewritten to read:
"§ 143B-279.3.  Department of Environment, Health, and Natural Resources – structure.
(a)	All functions, powers, duties, and obligations heretofore vested in the following subunits of the following departments are hereby transferred to and vested in the Department of Environment, Health, and Natural Resources by a Type I transfer, as defined in G.S. 143A-6:
(1)	Radiation Protection Section, Division of Facility Services, Department of Human Resources.
(2)	Division of Health Services, Department of Human Resources.
(3)	State Center for Health Statistics, Department of Human Resources.
(4)	Coastal Management Division, Department of Natural Resources and Community Development.
(5)	Environmental Management Division, Department of Natural Resources and Community Development.
(6)	Forest Resources Division, Department of Natural Resources and Community Development.
(7)	Land Resources Division, Department of Natural Resources and Community Development.
(8)	Marine Fisheries Division, Department of Natural Resources and Community Development.
(9)	Parks and Recreation Division, Department of Natural Resources and Community Development.
(10)	Soil and Water Conservation Division, Department of Natural Resources and Community Development.
(11)	Water Resources Division, Department of Natural Resources and Community Development.
(12)	North Carolina Zoological Park, Department of Natural Resources and Community Development.
(13)	Albemarle-Pamlico Study.
(b)	All functions, powers, duties, and obligations heretofore vested in the following commissions, boards, councils, and committees of the following departments are hereby transferred to and vested in the Department of Environment, Health, and Natural Resources by a Type II transfer, as defined in G.S. 143A-6:
(1)	Governor's Waste Management Board, Department of Human Resources.
(2)	Radiation Protection Commission, Department of Human Resources.
(3)	Commission for Health Services, Department of Human Resources.
(4)	Water Treatment Facility Operators Board of Certification, Department of Human Resources.
(5)	Council on Sickle Cell Syndrome, Department of Human Resources.
(6)	Perinatal Health Care Programs Advisory Council, Department of Human Resources.
(7)	Governor's Council on Physical Fitness and Health, Department of Human Resources.
(8)	Commission of Anatomy, Department of Human Resources.
(9)	Coastal Resources Commission, Department of Natural Resources and Community Development.
(10)	Environmental Management Commission, Department of Natural Resources and Community Development.
(11)	Air Quality Council, Department of Natural Resources and Community Development.
(12)	Wastewater Treatment Plant Operators Certification Commission, Department of Natural Resources and Community Development.
(13)	Forestry Council, Department of Natural Resources and Community Development.
(14)	North Carolina Mining Commission, Department of Natural Resources and Community Development.
(15)	Advisory Committee on Land Records, Department of Natural Resources and Community Development.
(16)	Marine Fisheries Commission, Department of Natural Resources and Community Development.
(17)	Parks and Recreation Council, Department of Natural Resources and Community Development.
(18)	Board of Trustees of the Recreation and Natural Trust Fund, Department of Natural Resources and Community Development.
(19)	North Carolina Trails Committee, Department of Natural Resources and Community Development.
(20)	Sedimentation Control Commission, Department of Natural Resources and Community Development.
(21)	State Soil and Water Conservation Commission, Department of Natural Resources and Community Development.
(22)	North Carolina Zoological Park Council, Department of Natural Resources and Community Development.
(c)	(1)	There is hereby created a division within the environmental area of the Department of Environment, Health, and Natural Resources to be named the Division of Radiation Protection.  All functions, powers, duties, and obligations of the Radiation Protection Section of the Division of Facility Services of the Department of Human Resources are transferred in their entirety to the Radiation Protection Division of the Department of Environment, Health, and Natural Resources.
(2)	There is hereby created a division within the environmental area of the Department of Environment, Health, and Natural Resources to be named the Division of Solid Waste Management.  All functions, powers, duties, and obligations of the Solid Waste Management Section of the Division of Health Services of the Department of Human Resources are transferred in their entirety to the Division of Solid Waste Management of the Department of Environment, Health, and Natural Resources.
	(d) The Department of Environment, Health, and Natural Resources is vested with all other functions, powers, duties, and obligations as are conferred by the Constitution and laws of this State."
Sec. 32.  G.S. 143B-432 is rewritten to read:
"§ 143B-432.  Transfers to Department of Economic and Community Development.
(a)	The Division of Economic Development of the Department of Natural and Economic Resources, the Science and Technology Committee of the Department of Natural and Economic Resources, the Science and Technology Research Center of the Department of Natural and Economic Resources, and the North Carolina National Park, Parkway and Forests Development Council of the Department of Natural and Economic Resources are each hereby transferred to the Department of Economic and Community Development by a Type I transfer, as defined in G.S. 143A-6.
(b)	All functions, powers, duties, and obligations heretofore vested in the following subunits of the Department of Natural Resources and Community Development are hereby transferred to and vested in the Department of Economic and Community Development by a Type I transfer as defined in G.S. 143A-6:
(1)	Community Assistance Division.
(2)	Employment and Training Division.
(c)	All functions, powers, duties, and obligations heretofore vested in the following councils of the Department of Natural Resources and Community Development are hereby transferred to and vested in the Department of Economic and Community Development by a Type II transfer as defined in G.S. 143A-6:
(1)	Community Development Council.
(2)	Job Training Coordinating Council."
Sec. 33.  Sections 31, 32, and 33 of this act are effective 1 July 1989.  Sections 223, 224, 226, and 227 of Chapter 727 of the 1989 Session Laws and Sections 9, 17, and 22 of Chapter 751 of the 1989 Session laws apply to this section.
Sec. 34. (a) A new chapter is added to the General Statutes to be entitled:
“Chapter 108B.
"Community Action Programs."
(b) Article 1 of Chapter 108B of the General Statutes (G.S. 108B-1 through G.S. 108B-20) is reserved for future codification purposes.
(c) Article 1D of Chapter 113 of the General Statutes (G.S. 113-28.21 through G.S. 113-28.26) is recodified as Article 2 of Chapter 108B of the General Statutes (G.S. 108B-21 through G.S. 108B-26).
Sec. 35.  G.S. 113-28.23 reads as rewritten:
"§ âand responsibilities.
(a)	For purposes of this Article, ‘Department' means the Department of Human Resources and ‘Secretary' means the Secretary of Human Resources.
(b)	The Department is directed to carry out the purposes and provisions of this Article.  In carrying out this directive, the Secretary shall promulgate rules consistent with the purposes and provisions of this Article."
Sec. 36.  G.S. 150B-1(d)(3) reads as rewritten:
"(3)	The Department of Human Resources is exempt from this Chapter in exercising its authority over the Camp Butner reservation granted in Article 6 of Chapter 122C of the General Statutes.  The Department of Human Resources and the Department of Environment, Health, and Natural Resources are exempt from Article 3 of this Chapter in complying with the procedural safeguards mandated by the Section 680 of Part H of P.L. 99-457 as amended (Education of the Handicapped Act Amendments of 1986)."
Sec. 37.  G.S. 130A-342(c) reads as rewritten:
"(c)	The performance of individual aerobic treatment plants is to be documented by the counties and sent to the Department of Environment, Health, and Natural Resources."
Sec. 38.  G.S. 104G-13(c) and (d) read as rewritten:
"(c)	The approval of the Authority under this section is in addition to the approval of the Department of Environment, Health, and Natural Resources in accordance with the rules and regulations of the Commission. 
(d)	Upon proper closure, the Authority shall assume responsibility for a low-level radioactive waste disposal facility site during the institutional care period and shall release the operator from further responsibility, subject to approval by the Department of Environment, Health, and Natural Resources of the transfer of the license to the Authority."
Sec. 39.  G.S. 104G-21(f) reads as rewritten:
"(f)	The Board shall serve as the arbitrator or shall appoint the arbitrator of any issue submitted for arbitration under this section."
Sec. 40.  G.S. 130B-21(f) reads as rewritten:
"(f)	The Board shall serve as the arbitrator or shall appoint the arbitrator of any issue submitted for arbitration under this section."
Sec. 41.  G.S. 104E-8 reads as rewritten:
"§ 104E-8. Radiation Protection Commission – Members; selections; removal; compensation; quorum; services.
(a)	The Commission shall consist of 11 voting public members and 10 nonvoting ex officio members. The 11 voting public members of the Commission shall be appointed by the Governor as follows:
(1) 	One member who shall be actively involved in the field of environmental protection;
(2) 	One member who shall be an employee of one of the licensed public utilities involved in the generation of power by atomic energy;
(3) 	One member who shall have experience in the field of atomic energy other than power generation;
(4) 	One member who shall be a scientist or engineer from the faculty of one of the institutions of higher learning in the  State;
(5) 	One member who shall have recognized knowledge in the field of radiation and its biological effects from the North Carolina Medical Society;
(6) 	One member who shall have recognized knowledge in the field of radiation and its biological effects from the North Carolina Dental Society;
(7) 	One member who shall have recognized knowledge in the field of radiation and its biological effects from the State at large;
(8) 	One member who shall have recognized knowledge in the field of radiation and its biological effects and who shall be a practicing hospital administrator from the North Carolina Hospital Association;
(9) 	One member who shall have recognized knowledge in the field of radiation and its biological effects from the North Carolina Chiropractic Association;
(10)	One member who shall have recognized knowledge in the clinical application of radiation, shall be a practicing radiologic technologist from the North Carolina Society of Radiologic Technologists, and shall be certified by the American Registry of Radiologic Technologists;
(11)	One member who shall have recognized knowledge in the clinical application of radiation and shall be a practicing podiatrist licensed by the North Carolina State Board of Podiatry Examiners.
	(b) Public members so appointed shall serve terms of office of four years. Four of the initial members shall be appointed for two years, three members for three years, and three members for four years.  Any appointment to fill a vacancy on the Commission created by the resignation, dismissal, death or disability of a public member shall be for the balance of the unexpired term. At the expiration of each public member's term, the Governor shall reappoint or replace the member with a member of like qualifications. At its first meeting on or after July first of each year, the Commission shall designate by election one of its public members as chairman and one of its public members as vice-chairman to serve through June thirtieth of the following year.
(c)	The 10 ex officio members shall be appointed by the Governor, shall be members or employees of the following State agencies or their successors, and shall serve at the Governor's pleasure:
(1)	The Utilities Commission;
(2)	The Commission for Health Services;
(3)	The Environmental Management Commission;
(4)	The Board of Transportation;
(5)	The Division of Emergency Management of the Department of Crime Control and Public Safety;
(6)	The Division of Radiation Protection of the Department;
(7)	The Department of Labor;
(8)	The Industrial Commission;
(9)	The Department of Insurance;
(10)	The Medical Care Commission.
(d)	The Governor shall have the power to remove any member from the Commission for misfeasance, malfeasance, or nonfeasance in accordance with G.S. 143B-13.
(e)	The members of the Commission shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.
(f)	A majority of the public members of the Commission shall constitute a quorum for the transaction of business.
(g)	All clerical and other services required by the Commission shall be supplied by the Secretary of the Department."
Sec. 42.  Except as otherwise provided herein, this act is effective upon ratification.