GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	1 

SENATE BILL 874

Short Title:  Env. Clarifying/Conforming Tech. Corr. 	(Public)

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Sponsors: Senator Albertson.

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Referred to:  Agriculture/Environment/Natural Resources

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April 27, 1995

A BILL TO BE ENTITLED
AN ACT TO MAKE CLARIFYING, CONFORMING, AND TECHNICAL CHANGES TO VARIOUS LAWS RELATING TO ENVIRONMENT, HEALTH, AND NATURAL RESOURCES AND RELATED LAWS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 7A-29(a) reads as rewritten:
"(a)	From any final order or decision of the North Carolina Utilities Commission not governed by subsection (b) of this section, the Department of Human Resources under G.S. 131E-188(b), the Commissioner of Banks under Articles 17, 18, 18A, and 21 of Chapter 53 of the General Statutes, the Administrator of Savings and Loans under Article 3A of Chapter 54B of the General Statutes, the North Carolina Industrial Commission, the North Carolina State Bar under G.S. 84-28, the Property Tax Commission under G.S. 105-290 and G.S. 105-342, the Commissioner of Insurance under G.S. 58-2-80, or the Secretary of Environment, Health, and Natural Resources under G.S. 104E-6.2 or G.S. 130A-293, appeal as of right lies directly to the Court of Appeals."
Sec. 2.  G.S. 104E-5(14b) reads as rewritten:
"(14b)	'Secretary' means the Secretary of Environment, Health, and Natural Resources."
Sec. 3.  G.S. 104F-4 reads as rewritten:
"§ 104F-4.  Advisory Committee.
(a)	The Advisory Committee to the North Carolina Members of the Low-Level Radioactive Waste Management Compact Commission is hereby created.  It shall consist of seven voting members, two to be appointed by the Governor, who shall be members of the Radiation Protection Commission, two by the President of the Senate, and two by the Speaker of the House of Representatives.  The Director of the Division of Radiation Protection of the Department of Environment, Health, and Natural Resources shall be an ex officio member.  The members shall serve for two-year terms.  A vacancy in membership shall be filled by the appointing authority who made the initial appointment.  A member whose term expires may be reappointed.
(b)	It shall be the duty of the Committee to consult with and advise the State's representatives to the Compact Commission concerning technical and policy matters.
(c)	The Governor shall appoint the Committee chairman and he may be reappointed.  The Committee shall meet at such times and places as the chairman shall designate.  The facilities of the State Legislative Building and the Legislative Office Building shall be available to the Committee, subject to approval of the Legislative Services Commission.  Legislative members of the Committee shall be reimbursed for subsistence and travel expenses at the rates set out in G.S. 120-3.1.  Members of the Committee who are not officers or employees of the State shall receive compensation and reimbursement for travel and subsistence expenses at the rates specified in G.S. 138-5.  Members of the Committee who are officers or employees of the State shall receive reimbursement for travel and subsistence expenses at the rate set out in G.S. 138-6.
(d)	Subject to the approval of the Legislative Services Commission, the staff resources of the Legislative Services Commission shall be available to the Committee without cost except for travel, subsistence, supplies, and materials.  The Committee may solicit, employ, or contract for technical assistance and clerical assistance and may purchase or contract for the materials and services it needs."
Sec. 4.  G.S. 113A-105(b) reads as rewritten:
"(b)	The Coastal Resources Advisory Council shall consist of not more than 45 members appointed or designated as follows:
(1)	Two individuals designated by the Secretary from among the employees of the Department;
(1a)	The Secretary of Commerce or person designated by the Secretary of Commerce;
(2)	The Secretary of Administration or person designated by the Secretary of Administration;
(3)	The Secretary of Transportation or person designated by the Secretary of Transportation; and one additional member selected by the Secretary of Transportation from the Department of Transportation;
(4)	The State Health Director or person designated by the State Health Director;
(5)	The Commissioner of Agriculture or person designated by the Commissioner of Agriculture;
(6)	The Secretary of Cultural Resources or person designated by the Secretary of Cultural Resources;
(7)	One member from each of the four multi-county planning districts of the coastal area to be appointed by the lead regional agency of each district;
(8)	One representative from each of the counties in the coastal area to be designated by the respective boards of county commissioners;
(9)	No more than eight additional members representative of cities in the coastal area and to be designated by the Commission;
(10)	Three members selected by the Commission who are marine scientists or technologists;
(11)	One member who is a local health director selected by the Commission upon the recommendation of the Secretary."
Sec. 5.  G.S. 120-70.2 reads as rewritten:
"§ 120-70.2.  Appointment of members and organization.
The Joint Committee shall consist of six sitting members of the General Assembly.  Three shall be appointed by the President Pro Tempore of the Senate from the membership of the Senate and three shall be appointed by the Speaker of the House of Representatives from the membership of the House.  Members will serve at the pleasure of their appointing officer and any vacancies occurring on the Joint Committee shall be filled by the appointing officer of the appropriate house.  The President Pro Tempore of the Senate shall designate one Senator to serve as cochairman and the Speaker of the House of Representatives shall designate one Representative to serve as cochairman.  A quorum shall consist of four members."
Sec. 6.  (a)	G.S. 130A-444(3a), as enacted by Section 2 of Chapter 686 of the 1993 Session Laws (1994 Regular Session), reads as rewritten:
"(3a)	'Asbestos NESHAP for demolition and renovation' means that portion of the National Emission Standards for Hazardous Air Pollutants for asbestos that governs demolition and renovation as set out in 40 Code of Federal Regulations §§ 61.141, 61.145, 61.150, and 61.154 (1 July 1993 Edition)."
(b)	G.S. 130A-444(7), as amended by Section 2 of Chapter 686 of the 1993 Session Laws (1994 Regular Session), reads as rewritten:
"(7)	'Public area' means those areas in any building other than a residence that are not covered under the Occupational Safety and Health Act of 1970, Pub. L. 91-596, 84 Stat. 1590, 29 U.S.C. § 651, et seq., as amended."
(c)	Chapter 686 of the 1993 Session Laws (1994 Regular Session) is amended by deleting the phrase "renovations and demolitions" in each place it appears and substituting the phrase "demolition and renovation".
Sec. 7.  G.S. 130A-452, as enacted by Section 7 of Chapter 686 of the 1993 Session Laws (1994 Regular Session), reads as rewritten:
"§ 130A-452.  Local air pollution control programs.
(a)	The Department may authorize any local air pollution control program to adopt and enforce the asbestos NESHAP for demolition and renovation if that local air pollution control program is certified by the North Carolina Environmental Management Commission pursuant to G.S. 143-215.112.  The Department shall authorize any local air pollution control program to adopt and enforce the asbestos NESHAP for demolition and renovation if the local air pollution control program was certified by the North Carolina Environmental Management Commission pursuant to G.S. 143-215.112 prior to 1 October 1994.  A local air pollution control program shall continue to be authorized by the Department to enforce the asbestos NESHAP for demolition and renovation so long as the local air pollution control program maintains its certification under G.S. 143-215.112 and complies with any rules adopted by the Commission for Health Services pursuant to subsection (b) of this section.  Any local air pollution control program authorized to adopt and enforce the asbestos NESHAP for demolition and renovation shall have the authority to enforce the asbestos NESHAP for demolition and renovation under the provisions of G.S. 130A-18, 130A-22(b1), 130A-22(b2), and 130A-25.  Judicial review of an administrative penalty assessed under G.S. 130A-22(b1) and G.S. 130A-22(b2) shall be as provided in G.S. 143-215.112(d2)(1) and Article 4 of Chapter 150B of the General Statutes.
(b)	The Commission for Health Services shall adopt rules regarding the authorization of local air pollution control programs to enforce the asbestos NESHAP for demolition and renovation."
Sec. 8.  G.S. 143-215.107(a)(5), as amended by Section 6 of Chapter 686 of the 1993 Session Laws (1994 Regular Session), reads as rewritten:
"(5)	To develop and adopt emission control standards as in the judgment of the Commission may be necessary to prohibit, abate, or control air pollution commensurate with established air quality standards.  The standards may be applied uniformly to the State as a whole or to any area of the State designated by the Commission.  This subdivision does not apply to that portion of the National Emission Standards for Hazardous Air Pollutants for asbestos that governs demolition and renovation as set out in 40 Code of Federal Regulations § 61.145 (1 July 1993 Edition)."
Sec. 9.  G.S. 143-215.96 reads as rewritten:
"§ 143-215.96.  Oil terminal facility registration.
(a)	The owner or operator of every oil terminal facility in the State shall secure a registration certificate from the Secretary.  The Secretary shall not issue a registration certificate until the owner or operator has furnished the following information:
(1)	Complete name of the owner and operator of the oil terminal facility together with addresses and telephone numbers;
(2)	Number of employees of the oil terminal facility and the principal officers;
(3)	Maps or sketches, based on criteria developed by the Secretary, showing property lines of the oil terminal facility and location of nearby watercourses or bodies of water as specified by the Secretary; and
(4)	Summary of present and proposed procedures, if any, for prevention of oil spills.
(b)	The owner or operator of an oil terminal facility shall secure a registration certificate no later than 30 days after the oil terminal facility begins operation."
Sec. 10.  G.S. 150B-21.5(a) reads as rewritten:
"(a)	Amendment. – An agency is not required to publish a notice of rule making in the North Carolina Register or hold a public hearing when it proposes to amend a rule, without changing the substance of the rule, to do one of the following:
(1)	Reletter or renumber the rule or subparts of the rule.
(2)	Substitute one name for another when an organization or position is renamed.
(3)	Correct a citation in the rule to another rule or law when the citation has become inaccurate since the rule was adopted because of the repeal or renumbering of the cited rule or law.
(4)	Change information that is readily available to the public, such as an address or a telephone number.
(5)	Correct a typographical error in the North Carolina Administrative Code.
(6)	Change a rule in response to a request or an objection by the Commission."
Sec. 11.  This act is effective upon ratification.