A BILL TO BE ENTITLED
AN ACT to amend certain department of environment and natural resources notice requirements to authorize electronic notification and direct the department of environment and natural resources to identify other notification requirements in statute or rule for which electronic notice may be adequate.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 87‑87 reads as rewritten:
"§ 87‑87.  Authority to adopt rules, regulations, and procedures.
The Environmental Management Commission shall adopt rules governing the location, construction, repair, and abandonment of wells, the operation of water wells or well systems with a designed capacity of 100,000 gallons per day or greater, and the installation and repair of pumps and pumping equipment. The Environmental Management Commission shall be responsible for the administration of this Article and shall:
(1)	Hold public hearings, upon not less than 30 days' prior notice setting forth the date, place, and time of hearing, and the proposed rules and regulations to be considered at said public hearing, which notice shall be published both electronically on the Department's Web site and via electronic mail transmission to a list of interested parties who have requested notification in connection with proposed rules and regulations and amendments thereto.
(2)	Enforce the provisions of this Article, and any rules and regulations not inconsistent with the provisions of this Article adopted pursuant thereto.
(3)	Establish procedures and forms for the submission, review, approval, and rejection of applications, notifications, and reports required under this Article.
(4)	Issue such additional regulations as may be necessary to carry out the provisions of this Article.
(5)	Neither adopt nor enforce any rule or regulation that concerns the civil liability of an owner to a well driller for any costs or expenses of drilling and installing a well for the owner.
(6)	Adopt rules governing the permitting and inspection by the Commission of private drinking water wells with a designed capacity of 100,000 gallons per day or greater.
(7)	Adopt rules governing the permitting and inspection by local health departments of private drinking water wells pursuant to G.S. 87‑97."
SECTION 2.(a)  G.S. 143‑215.1 reads as rewritten:
"§ 143‑215.1.  Control of sources of water pollution; permits required.
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(c)	Applications for Permits and Renewals for Facilities Discharging to the Surface Waters. –
(1)	All applications for permits and for renewal of existing permits for outlets and point sources and for treatment works and disposal systems discharging to the surface waters of the State shall be in writing, and the Commission may prescribe the form of such applications. All applications shall be filed with the Commission at least 180 days in advance of the date on which it is desired to commence the discharge of wastes or the date on which an existing permit expires, as the case may be. The Commission shall act on a permit application as quickly as possible. The Commission may conduct any inquiry or investigation it considers necessary before acting on an application and may require an applicant to submit plans, specifications, and other information the Commission considers necessary to evaluate the application.
(2)	a.	The Department shall refer each application for permit, or renewal of an existing permit, for outlets and point sources and treatment works and disposal systems discharging to the surface waters of the State to its staff for written evaluation and proposed determination with regard to issuance or denial of the permit. If the Commission concurs in the proposed determination, it shall give notice of intent to issue or deny the permit, along with any other data that the Commission may determine appropriate, to be given to the appropriate State, interstate and federal agencies, to interested persons, and to the public.
a1.	The Commission shall prescribe the form and content of the notice. Public notice shall be given at least 45 days prior to any proposed final action granting or denying the permit. Public notice shall be given by publication both electronically on the Department's Web site and via electronic mail transmission to a list of interested parties who have requested notification.
b.	Repealed by Session Laws 1987, c. 734.
(3)	If any person desires a public hearing on any application for permit or renewal of an existing permit provided for in this subsection, he shall so request in writing to the Commission within 30 days following date of the notice of intent. The Commission shall consider all such requests for hearing, and if the Commission determines that there is a significant public interest in holding such hearing, at least 30 days' notice of such hearing shall be given to all persons to whom notice of intent was sent and to any other person requesting notice. At least 30 days prior to the date of hearing, the Commission shall also publish a copy of the notice both electronically on the Department's Web site and via electronic mail transmission to a list of interested parties who have requested notification. The Commission shall prescribe the form and content of the notices.
	The Commission shall prescribe the procedures to be followed in hearings. If the hearing is not conducted by the Commission, detailed minutes of the hearing shall be kept and shall be submitted, along with any other written comments, exhibits or documents presented at the hearing, to the Commission for its consideration prior to final action granting or denying the permit.
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SECTION 2.(b)  G.S. 143‑215.2 reads as rewritten:
"§ 143‑215.2.  Special orders.
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(a1)	Public Notice and Review of Consent Orders.
(1)	The Commission shall give notice of a proposed consent order to the proper State, interstate, and federal agencies, to interested persons, and to the public. The Commission may also provide any other data it considers appropriate to those notified. The Commission shall prescribe the form and content of the notice. The notice shall be given at least 45 days prior to any final action regarding the consent order. Public notice shall be given by publication of the notice both electronically on the Department's Web site and via electronic mail transmission to a list of interested parties who have requested notification.
(2)	Any person who desires a public meeting on any proposed consent order may request one in writing to the Commission within 30 days following date of the notice of the proposed consent order. The Commission shall consider all such requests for meetings. If the Commission determines that there is significant public interest in holding a meeting, the Commission shall schedule a meeting and shall give notice of such meeting at least 30 days in advance to all persons to whom notice of the proposed consent order was given and to any other person requesting notice. At least 30 days prior to the date of meeting, the Commission shall also have a copy of the notice of the meeting published both electronically on the Department's Web site and via electronic mail transmission to a list of interested parties who have requested notification. The Commission shall prescribe the form and content of notices under this subsection.
(3)	The Commission shall prescribe the procedures to be followed in such meetings. If the meeting is not conducted by the Commission, detailed minutes of the meeting shall be kept and shall be submitted, along with any other written comment, exhibits or other documents presented at the meeting, to the Commission for its consideration prior to final action granting or denying the consent order.
(4)	The Commission shall take final action on a proposed consent not later than 60 days following notice of the proposed consent order or, if a public meeting is held, within 90 days following such meeting.
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SECTION 2.(c)  G.S. 143‑215.4 reads as rewritten:
"§ 143‑215.4.  Mailing list for rules; procedures for public input; form of order or decision; seal; official notice.
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(b)	Procedures for Public Input. – 
(1)	The Commission may, on its own motion or when required by federal law, request public comments on or hold public hearings on matters within the scope of its authority under this Article or Articles 21A or 21B of this Chapter. To request public comments on a matter, the Commission shall notify appropriate agencies of the opportunity to submit written comments to the Commission on the matter and shall publish a notice, both electronically on the Department's Web site and via electronic mail transmission to a list of interested parties who have requested notification, stating the matter under consideration by the Commission and informing the public of its opportunity to submit written comments to the Commission on the matter. A public comment period shall extend for at least 30 days after the notice is published.
(2)	To hold a public hearing on a matter, the Commission shall notify, by personal service or certified mail, persons directly affected by the matter under consideration and shall publish a notice, both electronically on the Department's Web site and via electronic mail transmission to a list of interested parties who have requested notification, stating the matter under consideration by the Commission and the time, date, and place of a public hearing to be held on the matter. A public hearing shall be held no sooner than 20 days after the notice is published. The proceedings at a public hearing held under this subsection shall be recorded. Upon payment of a fee established by the Commission, any person may obtain a copy of the record of the public hearing. After a public hearing, the Commission shall accept written comments for the time period prescribed by the Commission.
(3)	This subsection does not apply to rule‑making proceedings, contested case hearings, or the issuance of permits required under Title V. The Commission shall establish procedures for public hearings, public notice, and public comment respecting permits required by Title V as provided by G.S. 143‑215.111(4).
(4)	The Commission may hold a public meeting on any matter within its scope of authority. The Commission may hold a public meeting in addition to any public hearing that is required under any provision of law, but a public meeting may not be substituted for any required public hearing. Except as may be otherwise provided by law, the Commission may determine the procedures for any public meeting it holds.
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SECTION 3.  The Department of Environment and Natural Resources shall review the notification requirements in the General Statutes and rules under its purview and identify those notification requirements for which electronic notice would provide for adequate public notice. The Department shall report its findings and recommendations to the Environmental Review Commission on or before October 1, 2013.
SECTION 4.  Section 3 of this act becomes effective when this act becomes law. The remainder of this act is effective July 1, 2013.