GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
S	3
SENATE BILL 1024
 Agriculture/Environment/Natural Resources Committee Substitute Adopted 4/26/01
Third Edition Engrossed 4/26/01

Short Title:	Amend Appointment of EMC Members.	()	
Sponsors:	     	
Referred to:	     	
April 5, 2001

A BILL TO BE ENTITLED
AN ACT TO ALTER THE MANNER IN WHICH MEMBERS OF THE ENVIRONMENTAL MANAGEMENT COMMISSION ARE APPOINTED AND TO PROVIDE FOR STAGGERED FOUR-YEAR TERMS FOR MEMBERS OF THE COMMISSION.

The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 143B‑283 reads as rewritten:
"§ 143B‑283.  Environmental Management Commission – members; selection; removal; compensation; quorum; services.
(a)	The Environmental Management Commission shall consist of 17 members appointed as follows:
(1)	One who, at the time of appointment, is a licensed physician with specialized training and experience in the health effects of environmental pollution; appointed by the Governor.
(2)	One who, at the time of appointment, is actively connected with the Commission for Health Services or local board of health or has experience in health sciences, appointed by the Governor.
(3)	One who, at the time of appointment, is actively connected with or has experience in agriculture, appointed by the Governor.
(4)	One who, at the time of appointment, is a registered engineer with specialized training and experience in water supply or water or air pollution control, appointed by the Governor.
(5)	One who, at the time of appointment, is actively connected with or has experience in the fish and wildlife conservation activities of the State, appointed by the Governor.
(6)	One who, at the time of appointment, has special training and scientific expertise in hydrogeology or groundwater hydrology, appointed by the Governor.
	
(7)	One who, at the time of appointment, is actively employed by, or recently retired from, an industrial manufacturing facility and knowledgeable in the field of industrial air and water pollution control, appointed by the Governor.
(8)	One who, at the time of appointment, is actively connected with or has experience in pollution control problems of municipal or county government, appointed by the Governor.
(9)	One who, at the time of appointment, has special training and scientific expertise in air pollution control and the effects of air pollution, appointed by the Governor.
(10)	One who, at the time of appointment, has special training and scientific expertise in freshwater, estuarine, marine biological, or ecological sciences, appointed by the Governor.
(11)	One who is interested in water and air pollution control, appointed from the public at large by the Governor.
(12)	One who is interested in water and air pollution control, appointed from the public at large by the General Assembly upon recommendation of the President Pro Tempore of the Senate.
(13)	One who is interested in water and air pollution control, appointed from the public at large by the General Assembly upon recommendation of the President Pro Tempore of the Senate.
(14)	One who is interested in water and air pollution control, appointed from the public at large by the General Assembly upon recommendation of the President Pro Tempore of the Senate.
(15)	One who is interested in water and air pollution control, appointed from the public at large by the General Assembly upon recommendation of the Speaker of the House of Representatives.
(16)	One who is interested in water and air pollution control, appointed from the public at large by the General Assembly upon recommendation of the Speaker of the House of Representatives.
(17)	One who is interested in water and air pollution control, appointed from the public at large by the General Assembly upon recommendation of the Speaker of the House of Representatives.
(b)	The term of office of members of the Commission is four years. Any appointment to fill a vacancy on the Commission shall be for the balance of the unexpired term. The appointing authority may reappoint a member of the Commission to an additional term if, at the time of the reappointment, the member qualifies for membership on the Commission under subsection (a) of this section. Upon the expiration of a term, a member may continue to serve until a successor is appointed and duly qualified as provided by G.S. 128-7. The term of members appointed under subdivisions (1), (5), (9), (13), and (17) of subsection (a) of this section expire on 1 July of years that follow by one year those years that are evenly divisible by four. The term of members appointed under subdivisions (2), (6), (10), and (14) of subsection (a) of this section expire on 1 July of years that precede by one year those years that are evenly divisible by four. The term of members appointed under subdivisions (3), (7), (11), and (15) of subsection (a) of this section expire on 1 July of years that follow by two years those years that are evenly divisible by four. The term of members appointed under subdivisions (4), (8), (12), and (16) of subsection (a) of this section expire on 1 July of those years that are evenly divisible by four.
(b1)	The Governor may remove any member of the Commission for misfeasance, malfeasance, or nonfeasance as provided in G.S. 143B-13
(b2)	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.
(b3)	A majority of the Commission shall constitute a quorum for the transaction of business.
(b4)	All clerical and other services required by the Commission shall be supplied by the Secretary of Environment and Natural Resources.
(c)	Two of the members appointed by the Governor and all of the members appointed by the General Assembly shall be persons who do not derive any significant portion of their income from persons who engage in any activity this is regulated by the Commission. The Governor shall require adequate disclosure of potential conflicts of interest by members. The Governor, by executive order, shall promulgate criteria regarding conflicts of interest and disclosure thereof for determining the eligibility of persons under this section, giving due regard to the requirements of federal legislation, and for this purpose may promulgate rules, regulations or guidelines in conformance with those established by any federal agency interpreting and applying provisions of federal law.
(d)	Appointments by the General Assembly shall be made in accordance with G.S. 120‑121, and vacancies in those appointments shall be filled in accordance with G.S. 120‑122. 
(e)	In making appointments to the Commission, the appointing authorities shall ensure that the geographic regions of the State are fairly represented by the membership of the Commission."
SECTION 2.  In order to provide for an orderly transition in membership of the Environmental Management Commission and implementation of a system of staggered terms of four years for members of the Commission as specified in G.S. 143B‑283, as amended by Section 1 of this act, and in order that the terms of persons who were appointed to serve as members of the Commission prior to 1 July 2001 will not be altered by the implementation of this act, the following provisions apply:
(1)	Franklin S. Clark, III shall serve in the position established by G.S. 143B‑283(a)(1) until 1 July 2001. The term of the individual next appointed to fill this position shall be four years and shall expire 1 July 2005.
(2)	Moses Carey, Jr. shall serve in the position established by G.S. 143B‑283(a)(2) until 1 July 2001. The term of the individual next appointed to fill this position shall be six years and shall expire 1 July 2007.
(3)	Robert E. Cook shall serve in the position established by G.S. 143B‑283(a)(3) until 1 July 2003. The term of the individual next appointed to fill this position shall be three years and shall expire 1 July 2006.
(4)	E. Leo Green, Jr. shall serve in the position established by G.S. 143B‑283(a)(4) until 1 July 2003. The term of the individual next appointed to fill this position shall be five years and shall expire 1 July 2008.
(5)	Daniel V. Besse shall serve in the position established by G.S. 143B‑283(a)(5) until 1 July 2005. The term of the individual next appointed to fill this position shall be four years and shall expire 1 July 2009.
(6)	Ryan D. Turner shall serve in the position established by G.S. 143B‑283(a)(6) until 1 July 2001. The term of the individual next appointed to fill this position shall be six years and shall expire 1 July 2007.
(7)	Frederick B. Starr shall serve in the position established by G.S. 143B‑283(a)(7) until 1 July 2005. The term of the individual next appointed to fill this position shall be five years and shall expire 1 July 2010.
(8)	Edwin S. Melvin shall serve in the position established by G.S. 143B‑283(a)(8) until 1 July 2001. The term of the individual next appointed to fill this position shall be three years and shall expire 1 July 2004.
(9)	Marion E. Deerhake shall serve in the position established by G.S. 143B‑283(a)(9) until 1 July 2003. The term of the individual next appointed to fill this position shall be six years and shall expire 1 July 2009.
(10)	Charles H. Peterson shall serve in the position established by G.S. 143B‑283(a)(10) until 1 July 2001. The term of the individual next appointed to fill this position shall be six years and shall expire 1 July 2007.
(11)	Will B. Fowler shall serve in the position established by G.S. 143B‑283(a)(11) until 1 July 2005. The term of the individual next appointed to fill this position shall be five years and shall expire 1 July 2010.
(12)	Robert Epting shall serve in the position established by G.S. 143B‑283(a)(12) until 1 July 2001. The term of the individual next appointed to fill this position shall be three years and shall expire 1 July 2004.
(13)	Robert G. Ray shall serve in the position established by G.S. 143B‑283(a)(13) until 1 July 2001. The term of the individual next appointed to fill this position shall be four years and shall expire 1 July 2005.
(14)	Larry M. Jordan shall serve in the position established by G.S. 143B-283(a)(14) until 1 July 2003.  The term of the individual next appointed to fill this position shall be four years and shall expire 1 July 2007.
(15)	David H. Moreau shall serve in the position established by G.S. 143B‑283(a)(15) until 1 July 2005. The term of the individual next appointed to fill this position shall be five years and shall expire 1 July 2010.
(16)	Don Abernathy shall serve in the position established by G.S. 143B‑283(a)(16) until 1 July 2001. The term of the individual next appointed to fill this position shall be three years and shall expire 1 July 2004.
(17)	Anne Barnes shall serve in the position established by G.S. 143B‑283(a)(17) until 1 July 2001. The term of the individual next appointed to fill this position shall be four years and shall expire 1 July 2005.
SECTION 3.  This act becomes effective 1 July 2001 and, except as provided in Section 2 of this act, applies to appointments made on or after that date.