A BILL TO BE ENTITLED
AN ACT to direct the environmental review commission to study the desirability and the feasibility of consolidating the State's environmental policy‑making, rule‑making, and quasi‑judicial functions into one comprehensive full‑time environmental commission.
Whereas, a clean environment is essential to the quality of life and the economic prosperity of all North Carolinians; and
Whereas, sound environmental protection policies call for long‑term planning and innovative solutions; and
Whereas, the science, the technology, and the law of environmental protection have become increasingly complex; and
Whereas, environmental policy‑making in North Carolina is currently spread across multiple boards, commissions, and councils, with powers and duties ranging from advisory to rule‑making and quasi‑judicial; and
Whereas, these boards, commissions, and councils are comprised of part‑time private sector volunteers appointed by the Governor or the General Assembly, or both; and
Whereas, the number of environmental boards, commissions, and councils across State government has created inefficiencies in overall environmental program delivery, confusion among the general public over agency authorities, and some duplication of State agency activities; and
Whereas, part‑time citizen boards and commissions cannot devote the time and expertise necessary to review and understand all of the information required to adequately and appropriately deal with the array of environmental issues coming before them; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1.  The Environmental Review Commission shall study the desirability and the feasibility of consolidating the State's environmental policy‑making, rule‑making, and quasi‑judicial functions into one comprehensive full‑time environmental commission, perhaps to be modeled after the North Carolina Utilities Commission. As part of this study, the Environmental Review Commission shall evaluate all issues that pertain to a consolidation of the roles and duties that the current multiple environmental boards, commissions, and councils have. The Environmental Review Commission shall also consider any one or more of the following issues:
(1)	Whether a consolidated environmental commission should have its own full‑time staff.
(2)	Whether a consolidated environmental commission would enhance the efficiency, objectivity, or fairness of environmental policy‑making and regulation in North Carolina or reduce any unnecessary duplication.
(3)	How a consolidated environmental commission would access the scientific expertise it would need to address the broad range of environmental subjects under its purview.
(4)	What should be the number of commissioners to serve on such a commission, their qualifications, and their term length; how such commissioners should be appointed; and what should be the commission's duties.
(5)	How such a commission and its staff would be funded.
(6)	What is a reasonable timetable for creating and phasing in such a commission.
(7)	Any other issues the Environmental Review Commission deems pertinent to its charge under this act.
SECTION 2.  No later than the convening of the 2012 Regular Session of the 2011 General Assembly, the Environmental Review Commission shall report its findings and recommendations, including any proposals for legislation or administrative action, to the General Assembly.
SECTION 3.  The study under this act shall be funded from funds available to the General Assembly for the 2011‑2012 fiscal year.
SECTION 4.  This act becomes effective July 1, 2011.