§ 143‑215.94O. Petroleum Underground Storage Tank Funds Council.
(a) The North Carolina Petroleum Underground Storage Tank FundsCouncil is created. The Council shall be composed of 11 members as follows:
(1) An employee of the Department who is not employed by thesection responsible for the administration of the underground storage tankcleanup program who shall be appointed by the Secretary and who shall serve atthe pleasure of the Secretary.
(2) Five members appointed by the General Assembly upon the recommendationof the President Pro Tempore of the Senate as follows:
a. One who shall, at the time of appointment, be activelyconnected with a petroleum refining company or an organization representingpetroleum refining companies.
b. One who shall, at the time of appointment, be activelyconnected with a petroleum marketer or an organization representing petroleummarketers.
c. One who shall, at the time of appointment, be activelyconnected with an environmental insurance carrier or an organization representingenvironmental insurance carriers.
d. One who shall, at the time of appointment, be activelyconnected with a commercial lending institution or an organization representingcommercial lending institutions.
e. One who shall, at the time of appointment, be activelyengaged in farming and the owner of a noncommercial petroleum undergroundstorage tank or actively connected with an organization representing farmers.
(3) Five members appointed by the General Assembly upon therecommendation of the Speaker of the House of Representatives as follows:
a. One who shall, at the time of appointment, be an owner oroperator of a convenience store that markets petroleum products or is activelyconnected with an organization representing convenience store owners oroperators.
b. One who shall, at the time of appointment, be a motor fuelservice station dealer or actively connected with an organization representingmotor fuel service station dealers.
c. One who shall, at the time of appointment, be activelyconnected with an environmental advocacy organization.
d. One who shall, at the time of appointment, have specialtraining and experience in the remediation of groundwater contaminationresulting from leaking petroleum underground storage tanks.
e. One who shall, at the time of appointment, be the owner of anoncommercial petroleum underground storage tank and not eligible forappointment under subdivisions (1), (2)a. through (2)d., or (3)a. through (3)d.of this subsection.
(b) The members of the Council shall elect a chairman and a vice‑chairman.
(c) All appointments made by the General Assembly shall be for aterm of two years. Terms shall expire on 30 June except that members shallserve until their successors are appointed and duly qualified as provided inG.S. 128‑7. The General Assembly shall have the power to remove, inaccordance with G.S. 143B‑13, any member appointed by the GeneralAssembly.
(d) The Secretary shall provide staff assistance to the Councilfrom the agency responsible for administration of the underground storage tankcleanup program.
(e) Members of the Council who are not State employees shall bereimbursed for their expenses in accordance with G.S. 138‑5. Members ofthe Council who are State employees shall be reimbursed for their expenses inaccordance with G.S. 138‑6.
(f) The Council shall meet upon the call of the Chairman or amajority of its members. A majority of its members shall constitute a quorumfor the transaction of business.
(g) The Council shall:
(1) Review the administration of the Commercial Fund, theNoncommercial Fund, and the Loan Fund.
(2) Advise the Secretary and the Commission on any matterrelating to the effective and efficient implementation of this Part.
(3) Advise the Secretary on the adequacy of the funds to carryout the purposes of this Part.
(4) Recommend rules, in accordance with generally acceptedstandards prevailing among commercial lending institutions, for use by theDepartment in determining eligibility for loans, interest rates, terms, andconditions applicable to loans, and in managing the Loan Fund.
(5) Recommend rules and comment on proposed rules governingreimbursement of necessary and reasonable costs under G.S. 143‑215.94E(e).(1991, c. 538, s. 12; 1991(Reg. Sess., 1992), c. 817, s. 3; 1993, c. 400, s. 15; 1995 (Reg. Sess., 1996),c. 743, s. 16.)
§ 143‑215.94O. Petroleum Underground Storage Tank Funds Council.
(a) The North Carolina Petroleum Underground Storage Tank FundsCouncil is created. The Council shall be composed of 11 members as follows:
(1) An employee of the Department who is not employed by thesection responsible for the administration of the underground storage tankcleanup program who shall be appointed by the Secretary and who shall serve atthe pleasure of the Secretary.
(2) Five members appointed by the General Assembly upon the recommendationof the President Pro Tempore of the Senate as follows:
a. One who shall, at the time of appointment, be activelyconnected with a petroleum refining company or an organization representingpetroleum refining companies.
b. One who shall, at the time of appointment, be activelyconnected with a petroleum marketer or an organization representing petroleummarketers.
c. One who shall, at the time of appointment, be activelyconnected with an environmental insurance carrier or an organization representingenvironmental insurance carriers.
d. One who shall, at the time of appointment, be activelyconnected with a commercial lending institution or an organization representingcommercial lending institutions.
e. One who shall, at the time of appointment, be activelyengaged in farming and the owner of a noncommercial petroleum undergroundstorage tank or actively connected with an organization representing farmers.
(3) Five members appointed by the General Assembly upon therecommendation of the Speaker of the House of Representatives as follows:
a. One who shall, at the time of appointment, be an owner oroperator of a convenience store that markets petroleum products or is activelyconnected with an organization representing convenience store owners oroperators.
b. One who shall, at the time of appointment, be a motor fuelservice station dealer or actively connected with an organization representingmotor fuel service station dealers.
c. One who shall, at the time of appointment, be activelyconnected with an environmental advocacy organization.
d. One who shall, at the time of appointment, have specialtraining and experience in the remediation of groundwater contaminationresulting from leaking petroleum underground storage tanks.
e. One who shall, at the time of appointment, be the owner of anoncommercial petroleum underground storage tank and not eligible forappointment under subdivisions (1), (2)a. through (2)d., or (3)a. through (3)d.of this subsection.
(b) The members of the Council shall elect a chairman and a vice‑chairman.
(c) All appointments made by the General Assembly shall be for aterm of two years. Terms shall expire on 30 June except that members shallserve until their successors are appointed and duly qualified as provided inG.S. 128‑7. The General Assembly shall have the power to remove, inaccordance with G.S. 143B‑13, any member appointed by the GeneralAssembly.
(d) The Secretary shall provide staff assistance to the Councilfrom the agency responsible for administration of the underground storage tankcleanup program.
(e) Members of the Council who are not State employees shall bereimbursed for their expenses in accordance with G.S. 138‑5. Members ofthe Council who are State employees shall be reimbursed for their expenses inaccordance with G.S. 138‑6.
(f) The Council shall meet upon the call of the Chairman or amajority of its members. A majority of its members shall constitute a quorumfor the transaction of business.
(g) The Council shall:
(1) Review the administration of the Commercial Fund, theNoncommercial Fund, and the Loan Fund.
(2) Advise the Secretary and the Commission on any matterrelating to the effective and efficient implementation of this Part.
(3) Advise the Secretary on the adequacy of the funds to carryout the purposes of this Part.
(4) Recommend rules, in accordance with generally acceptedstandards prevailing among commercial lending institutions, for use by theDepartment in determining eligibility for loans, interest rates, terms, andconditions applicable to loans, and in managing the Loan Fund.
(5) Recommend rules and comment on proposed rules governingreimbursement of necessary and reasonable costs under G.S. 143‑215.94E(e).(1991, c. 538, s. 12; 1991(Reg. Sess., 1992), c. 817, s. 3; 1993, c. 400, s. 15; 1995 (Reg. Sess., 1996),c. 743, s. 16.)
§ 143‑215.94O. Petroleum Underground Storage Tank Funds Council.
(a) The North Carolina Petroleum Underground Storage Tank FundsCouncil is created. The Council shall be composed of 11 members as follows:
(1) An employee of the Department who is not employed by thesection responsible for the administration of the underground storage tankcleanup program who shall be appointed by the Secretary and who shall serve atthe pleasure of the Secretary.
(2) Five members appointed by the General Assembly upon the recommendationof the President Pro Tempore of the Senate as follows:
a. One who shall, at the time of appointment, be activelyconnected with a petroleum refining company or an organization representingpetroleum refining companies.
b. One who shall, at the time of appointment, be activelyconnected with a petroleum marketer or an organization representing petroleummarketers.
c. One who shall, at the time of appointment, be activelyconnected with an environmental insurance carrier or an organization representingenvironmental insurance carriers.
d. One who shall, at the time of appointment, be activelyconnected with a commercial lending institution or an organization representingcommercial lending institutions.
e. One who shall, at the time of appointment, be activelyengaged in farming and the owner of a noncommercial petroleum undergroundstorage tank or actively connected with an organization representing farmers.
(3) Five members appointed by the General Assembly upon therecommendation of the Speaker of the House of Representatives as follows:
a. One who shall, at the time of appointment, be an owner oroperator of a convenience store that markets petroleum products or is activelyconnected with an organization representing convenience store owners oroperators.
b. One who shall, at the time of appointment, be a motor fuelservice station dealer or actively connected with an organization representingmotor fuel service station dealers.
c. One who shall, at the time of appointment, be activelyconnected with an environmental advocacy organization.
d. One who shall, at the time of appointment, have specialtraining and experience in the remediation of groundwater contaminationresulting from leaking petroleum underground storage tanks.
e. One who shall, at the time of appointment, be the owner of anoncommercial petroleum underground storage tank and not eligible forappointment under subdivisions (1), (2)a. through (2)d., or (3)a. through (3)d.of this subsection.
(b) The members of the Council shall elect a chairman and a vice‑chairman.
(c) All appointments made by the General Assembly shall be for aterm of two years. Terms shall expire on 30 June except that members shallserve until their successors are appointed and duly qualified as provided inG.S. 128‑7. The General Assembly shall have the power to remove, inaccordance with G.S. 143B‑13, any member appointed by the GeneralAssembly.
(d) The Secretary shall provide staff assistance to the Councilfrom the agency responsible for administration of the underground storage tankcleanup program.
(e) Members of the Council who are not State employees shall bereimbursed for their expenses in accordance with G.S. 138‑5. Members ofthe Council who are State employees shall be reimbursed for their expenses inaccordance with G.S. 138‑6.
(f) The Council shall meet upon the call of the Chairman or amajority of its members. A majority of its members shall constitute a quorumfor the transaction of business.
(g) The Council shall:
(1) Review the administration of the Commercial Fund, theNoncommercial Fund, and the Loan Fund.
(2) Advise the Secretary and the Commission on any matterrelating to the effective and efficient implementation of this Part.
(3) Advise the Secretary on the adequacy of the funds to carryout the purposes of this Part.
(4) Recommend rules, in accordance with generally acceptedstandards prevailing among commercial lending institutions, for use by theDepartment in determining eligibility for loans, interest rates, terms, andconditions applicable to loans, and in managing the Loan Fund.
(5) Recommend rules and comment on proposed rules governingreimbursement of necessary and reasonable costs under G.S. 143‑215.94E(e).(1991, c. 538, s. 12; 1991(Reg. Sess., 1992), c. 817, s. 3; 1993, c. 400, s. 15; 1995 (Reg. Sess., 1996),c. 743, s. 16.)
