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. 74‑51 reads as rewritten:
"§ 74‑51.  Permits – Application, granting, conditions.
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(c)	If the Department determines, based on public comment relevant to the provisions of this Article, that significant public interest exists, the Department shall conduct a public hearing on any application for a new mining permit or for a modification of a mining permit to add land to the permitted area, as defined in G.S. 74‑50(b). The hearing shall be held before the Department reaches a final decision on the application, and in making its determination, the Department shall give full consideration to all comments submitted at the public hearing. The public hearing shall be held within 60 days of the end of the 30‑day period within which any requests for the public hearing shall be made. At least 10 days prior to the date of the public hearing, the Department shall publish notice of the public hearing both electronically on the Department's Web site and via electronic mail transmission to a list of interested parties who have requested notification.
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SECTION 2.  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 3.  G.S. 113‑202 reads as rewritten:
"§ 113‑202.  New and renewal leases for shellfish cultivation; termination of leases issued prior to January 1, 1966.
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(f)	Within a reasonable time after receipt of an application that complies with subsection (d), the Secretary shall notify the applicant of the intended action on the lease application. If the intended action is approval of the application as submitted or approval with a modification to which the applicant agrees, the Secretary shall conduct a public hearing in the county where the proposed leasehold lies. The Secretary must publish a notice of the intention to lease both electronically on the Department's Web site and via electronic mail transmission to a list of interested parties who have requested notification. The publication must precede the public hearing by more than 20 days. The notice of intention to lease must contain a sufficient description of the area of the proposed leasehold that its boundaries may be established with reasonable ease and certainty and must also contain the date, hour and place of the hearing.
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(m)	In the event the leaseholder takes steps within 30 days to remedy the situation upon which the notice of intention to terminate was based and the Secretary is satisfied that continuation of the lease is in the best interests of the shellfish culture of the State, the Secretary may discontinue termination procedures. Where there is no discontinuance of termination procedures, the leaseholder may initiate a contested case by filing a petition under G.S. 150B‑23 within 30 days of receipt of notice of intention to terminate. Where the leaseholder does not initiate a contested case, or the final decision upholds termination, the Secretary must send a final letter of termination to the leaseholder. The final letter of termination may not be mailed sooner than 30 days after receipt by the leaseholder of the Secretary's notice of intention to terminate, or of the final agency decision, as appropriate. The lease is terminated effective at midnight on the day the final notice of termination is served on the leaseholder. The final notice of termination may not be issued pending hearing of a contested case initiated by the leaseholder.
Service of any notice required in this subsection may be accomplished by certified mail, return receipt requested; personal service by any law‑enforcement officer; or upon the failure of these two methods, publication. Service by publication shall be accomplished by publishing 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. The notice shall be published on the Department's Web site for a minimum of 30 days.
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SECTION 4.  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 5.(a)  The Department of Environment and Natural Resources shall report to the Environmental Review Commission, on both January 1, 2014, and January 1, 2015, on the implementation and effectiveness of the electronic notice authorized by Sections 1 through 4 of this act.
SECTION 5.(b)  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 adequate public notice. The Department shall report its findings and recommendations to the Environmental Review Commission on or before October 1, 2013.
SECTION 6.  Section 5(b) of this act is effective when this act becomes law. The remainder of this act becomes effective July 1, 2013.