State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_143B > GS_143B-283

§ 143B‑283. Environmental Management Commission – members; selection; removal;compensation; quorum; services.

(a)        The EnvironmentalManagement Commission shall consist of 13 members appointed by the Governor.The Governor shall select the members so that the membership of the Commissionshall consist of:

(1)        One who shall be alicensed physician with specialized training and experience in the healtheffects of environmental pollution;

(2)        One who shall, atthe time of appointment, be actively connected with the Commission for PublicHealth or local board of health or have experience in health sciences;

(3)        One who shall, atthe time of appointment, be actively connected with or have had experience inagriculture;

(4)        One who shall, atthe time of appointment, be a registered engineer with specialized training andexperience in water supply or water or air pollution control;

(5)        One who shall, atthe time of appointment, be actively connected with or have had experience inthe fish and wildlife conservation activities of the State;

(6)        One who shall, atthe time of appointment, have special training and scientific expertise inhydrogeology or groundwater hydrology;

(7)        Three membersinterested in water and air pollution control, appointed from the public at large;

(8)        One who shall, atthe time of appointment, be actively employed by, or recently retired from, anindustrial manufacturing facility and knowledgeable in the field of industrialair and water pollution control;

(9)        One who shall, atthe time of appointment, be actively connected with or have had experience inpollution control problems of municipal or county government;

(10)      One who shall, at thetime of appointment, have special training and scientific expertise in airpollution control and the effects of air pollution; and

(11)      One who shall, at thetime of appointment, have special training and scientific expertise infreshwater, estuarine, marine biological, or ecological sciences.

(b)        Members appointedby the Governor shall serve terms of office of six years. Any appointment tofill a vacancy on the Commission created by the resignation, dismissal, deathor disability of a member shall be for the balance of the unexpired term. TheGovernor may reappoint a member of the Commission to an additional term if, atthe time of the reappointment, the member qualifies for membership on theCommission under subsection (a) of this section.

(b1)      The Governor shallhave the power to remove any member of the Commission from office formisfeasance, malfeasance, or nonfeasance in accordance with the provisions ofG.S. 143B‑13 of the Executive Organization Act of 1973.

(b2)      The members of theCommission shall receive per diem and necessary travel and subsistence expensesin accordance with the provisions of G.S. 138‑5.

(b3)      A majority of theCommission shall constitute a quorum for the transaction of business.

(b4)      All clerical andother services required by the Commission shall be supplied by the Secretary ofEnvironment and Natural Resources.

(c)        Nine of the membersappointed by the Governor under this section shall be persons who do not deriveany significant portion of their income from persons subject to permits orenforcement orders under this Chapter. The Governor shall require adequatedisclosure of potential conflicts of interest by members. The Governor, byexecutive order, shall promulgate criteria regarding conflicts of interest anddisclosure thereof for determining the eligibility of persons under thissection, giving due regard to the requirements of federal legislation, and forthis purpose may promulgate rules, regulations or guidelines in conformancewith those established by any federal agency interpreting and applyingprovisions of federal law.

(d)        In addition to themembers designated by subsection (a) of this section, the General Assemblyshall appoint six members, three upon the recommendation of the Speaker of theHouse of Representatives, and three upon the recommendation of the PresidentPro Tempore of the Senate. Appointments by the General Assembly shall be madein accordance with G.S. 120‑121, and vacancies in those appointmentsshall be filled in accordance with G.S. 120‑122. Members appointed by theGeneral Assembly shall serve terms of two years. (1973, c. 1262, s. 20; 1977,c. 771, s. 4; 1979, 2nd Sess., c. 1158, ss. 5, 6; 1981 (Reg. Sess., 1982), c.1191, s. 19; 1989, c. 315; c. 727, s. 218(129); 1995, c. 490, s. 18; 1997‑381,s. 1; 1997‑443, s. 11A.119(a); 1998‑217, s. 17; 2000‑172, ss.4.1, 4.2; 2001‑486, s. 2.16; 2007‑182, s. 2.)