2010 North Carolina Code
Chapter 143B Executive Organization Act of 1973.
Article 7 - Department of Environment and Natural Resources.
143B-318. Small Business Environmental Advisory Panel - members; chair; selection; removal; compensation; quorum; services.

143B‑318. Small Business Environmental Advisory Panel members; chair; selection; removal; compensation; quorum; services.

(a) The Small Business Environmental Advisory Panel shall consist of two members who are not owners or representatives of owners of small business stationary sources, appointed by the Governor to represent the general public; two members appointed one each by the Speaker and the minority leader of the House of Representatives, and who are owners, or who represent owners, of small business stationary sources; two members appointed one each by the President Pro Tempore and the minority leader of the Senate, who are owners, or who represent owners, of small business stationary sources; and one member appointed by the Secretary of Environment and Natural Resources.

(b) The Governor shall designate one member of the Panel to serve as chair at the pleasure of the Governor.

(c) Members shall serve staggered terms of four years. In order to achieve staggered terms, the Speaker and the minority leader of the House of Representatives shall initially appoint members for terms of two years, the President Pro Tempore and the minority leader of the Senate shall initially appoint members for terms of three years. At the end of the respective terms of office of the initial members, their successors shall be appointed for terms of four years and until their successors are appointed and qualify. Any appointment to fill a vacancy on the Panel created by the resignation, dismissal, death or disability of a member shall be for the balance of the unexpired term.

(d) The Governor shall have the power to remove any member of the Panel from office for misfeasance, malfeasance or nonfeasance in accordance with the provisions of G.S. 143B‑16.

(e) The members of the Panel shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138‑5.

(f) A majority of the Panel shall constitute a quorum for the transaction of their business.

(g) The Secretary of Environment and Natural Resources shall designate an office within the Department of Environment and Natural Resources to serve as ombudsman for the Small Business Stationary Source Technical and Environmental Compliance Assistance Program established by the Department pursuant to section 507 of Title V of the 1990 amendments to the federal Clean Air Act (Pub. L. 101‑549, 104 Stat. 2645, 42 U.S.C. 7661f(a)(3)). The Small Business Stationary Source Technical and Environmental Compliance Assistance Program shall serve as the secretariat for the development and dissemination of reports and advisory opinions issued by the Panel. The Panel and the ombudsman shall exercise their powers consistent with G.S. 143B‑14(b).

(h) All clerical and other services required by the Panel shall be supplied by the Secretary of Environment and Natural Resources. (1973, c. 1262, s. 62; 1977, c. 771, s. 4; 1989, c. 727, s. 218(144); 1991, c. 552, s. 7; 1993, c. 400, s. 1(d); 1997‑443, s. 11A.119(a); 2001‑474, s. 33; 2005‑386, s. 8.2.)