Title: House Bill 2165*-First Edition
Category: Introduced Bill 2005

General Assembly of North Carolina	Session 2005

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005
H	1
HOUSE BILL 2165*

Short Title:	Environmental Technical Corrections 2006. | (Public)
Sponsors: | Representatives Gibson, Harrell, and Justice (Primary Sponsors).
Referred to: | Environment and Natural Resources.
May 18, 2006

A BILL TO BE ENTITLED
AN ACT TO MAKE CLARIFYING, CONFORMING, AND TECHNICAL AMENDMENTS TO VARIOUS LAWS RELATED TO THE ENVIRONMENT, ENVIRONMENTAL HEALTH, AND NATURAL RESOURCES, As recommended by the Environmental Review Commission.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 113‑174.2(c)(6)i. reads as rewritten:
"i.	Resident Age 65 Lifetime CRFL. – $15.00. This license shall be issued only to an individual who is 65 years of age or older and who is a resident of the State."
SECTION 2.  G.S. 113‑351(c)(3)e. reads as rewritten:
"e.	Resident Age 65 Lifetime Unified Sportsman/Coastal Recreational Fishing License. – $30.00. This license shall be issued only to an individual who is 65 years of age or older and who is a resident of the State."
SECTION 3.  G.S. 143B‑291(a)(1) reads as rewritten:
"(1)	One member who is the chair of the North Carolina State University Minerals Research Laboratory Advisory Committee, ex officio."
SECTION 4.  G.S. 143B‑291(g) reads as rewritten:
"(g)	Staff. – All clerical and other services required by the Commission shall be supplied by the Secretary of Environment and Natural Resources."
SECTION 5.  G.S. 143B‑292 reads as rewritten:
"§ 143B‑292.  North Carolina Mining Commission – officers.
The North Carolina Mining Commission shall have a chair and a vice‑chair. The chair shall be designated by the Governor from among the members of the Commission to serve as chair at the pleasure of the Governor. The vice‑chair shall be elected by and from the members of the Commission and shall serve for a term of two years or until the expiration of the vice‑chair's regularly appointed term."
SECTION 6.  G.S. 143B‑293 reads as rewritten:
"§ 143B‑293.  North Carolina Mining Commission – meetings.
The North Carolina Mining Commission shall meet at least semiannually and may hold special meetings at any time and place within the State at the call of the chair or upon the written request of at least five members."
SECTION 7.  G.S. 143B‑296 reads as rewritten:
"§ 143B‑296.  Soil and Water Conservation Commission – officers.
The Soil and Water Conservation Commission shall have a chair and a vice‑chair. The chair shall be designated by the Governor from among the members of the Commission to serve as chair at the pleasure of the Governor. The vice‑chair shall be elected by and from the members of the Commission and shall serve for a term of two years or until the expiration of the vice‑chair's regularly appointed term."
SECTION 8.  G.S. 143B‑297 reads as rewritten:
"§ 143B‑297.  Soil and Water Conservation Commission – meetings.
The Soil and Water Conservation Commission shall meet at least quarterly and may hold special meetings at any time and place within the State at the call of the chair or upon the written request of at least four members."
SECTION 9.  G.S. 143B‑299 reads as rewritten:
"§ 143B‑299.  Sedimentation Control Commission – members; selection; compensation; meetings.
(a)	Creation; Membership. – There is hereby created in the Department of Environment and Natural Resources the North Carolina Sedimentation Control Commission, which is charged with the duty of developing and administering the sedimentation control program provided for in this Article. The Commission shall consist of the following members:
(1)	A person to be nominated jointly by the boards of the North Carolina League of Municipalities and the North Carolina Association of County Commissioners;
(2)	A person to be nominated by the Board of the North Carolina Home Builders Association;
(3)	A person to be nominated by the Carolinas Branch, Associated General Contractors of America;
(4)	The president, vice‑president, or general counsel of a North Carolina public utility company;
(5)	The Director of the North Carolina Water Resources Research Institute;
(6)	A member of the State Mining Commission who shall be a representative of nongovernmental conservation interests, as required by G.S. 74‑38(b);
(7)	A member of the State Soil and Water Conservation Commission;
(8)	A member of the Environmental Management Commission;
(9)	A soil scientist from the faculty of North Carolina State University;
(10)	Two persons who shall be representatives of nongovernmental conservation interests; and
(11)	A professional engineer registered under the provisions of Chapter 89C of the General Statutes nominated by the Professional Engineers of North Carolina, Inc.
 (b)	Appointment. – The Commission members shall be appointed by the Governor. All Commission members, except the person appointed under subdivision (5) of subsection (a) of this section, shall serve staggered terms of three years and until their successors are appointed and duly qualified. The person appointed under subdivision (5) of subsection (a) of this section shall serve as a member of the Commission, subject to removal by the Governor as hereinafter specified in this section, so long as the person continues as Director of the Water Resources Research Institute. The terms of members appointed under subdivisions (2), (4), (7), and (8) of subsection (a) of this section shall expire on 30 June of years evenly divisible by three. The terms of members appointed under subdivisions (1), (3), and (10) of subsection (a) of this section shall expire on 30 June of years that follow by one year those years that are evenly divisible by three. The terms of members appointed under subdivisions (6), (9), and (11) of subsection (a) of this section shall expire on 30 June of years that precede by one year those years that are evenly divisible by three. Except for the person appointed under subdivision (5) of subsection (a) of this section, no member of the Commission shall serve more than two complete consecutive three‑year terms. Any member appointed by the Governor to fill a vacancy occurring in any of the appointments shall be appointed for the remainder of the term of the member causing the vacancy. The Governor may at any time remove any member of the Commission for inefficiency, neglect of duty, malfeasance, misfeasance, nonfeasance, or because they no longer possess the required qualifications for membership. The office of the North Carolina Sedimentation Control Commission is declared to be an office that may be held concurrently with any other elective or appointive office, under the authority of Article VI, Sec. 9, of the North Carolina Constitution.
(b1)	Chair. – The Governor shall designate a member of the Commission to serve as chair.
(c)	Compensation. – The members of the Commission shall receive the usual and customary per diem allowed for the other members of boards and commissions of the State and as fixed in the Biennial Appropriation Act, and, in addition, the members of the Commission shall receive subsistence and travel expenses according to the prevailing State practice and as allowed and fixed by statute for such purposes, which said travel expenses shall also be allowed while going to or from any place of meeting or when on official business for the Commission. The per diem payments made to each member of the Commission shall include necessary time spent in traveling to and from their places of residence within the State to any place of meeting or while traveling on official business for the Commission.
 (d)	Meetings of Commission. – The Commission shall meet at the call of the chair and shall hold special meetings at the call of a majority of the members."
SECTION 10.  G.S. 143B‑300(c) reads as rewritten:
"(c)	The Commission may by rule delegate any of its powers, other than the power to adopt rules, to the Secretary of Environment and Natural Resources or the Secretary's designee."
SECTION 11.  This act is effective when it becomes law.

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