2009 North Carolina Code
Chapter 143 - State Departments, Institutions, and Commissions.
§ 143-215.94O. Petroleum Underground Storage Tank Funds Council.

§ 143‑215.94O.  Petroleum Underground Storage Tank Funds Council.

(a)        The North Carolina Petroleum Underground Storage Tank Funds Council is created. The Council shall be composed of 11 members as follows:

(1)        An employee of the Department who is not employed by the section responsible for the administration of the underground storage tank cleanup program who shall be appointed by the Secretary and who shall serve at the pleasure of the Secretary.

(2)        Five members appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate as follows:

a.         One who shall, at the time of appointment, be actively connected with a petroleum refining company or an organization representing petroleum refining companies.

b.         One who shall, at the time of appointment, be actively connected with a petroleum marketer or an organization representing petroleum marketers.

c.         One who shall, at the time of appointment, be actively connected with an environmental insurance carrier or an organization representing environmental insurance carriers.

d.         One who shall, at the time of appointment, be actively connected with a commercial lending institution or an organization representing commercial lending institutions.

e.         One who shall, at the time of appointment, be actively engaged in farming and the owner of a noncommercial petroleum underground storage tank or actively connected with an organization representing farmers.

(3)        Five members appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives as follows:

a.         One who shall, at the time of appointment, be an owner or operator of a convenience store that markets petroleum products or is actively connected with an organization representing convenience store owners or operators.

b.         One who shall, at the time of appointment, be a motor fuel service station dealer or actively connected with an organization representing motor fuel service station dealers.

c.         One who shall, at the time of appointment, be actively connected with an environmental advocacy organization.

d.         One who shall, at the time of appointment, have special training and experience in the remediation of groundwater contamination resulting from leaking petroleum underground storage tanks.

e.         One who shall, at the time of appointment, be the owner of a noncommercial petroleum underground storage tank and not eligible for appointment 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 a term of two years.  Terms shall expire on 30 June except that members shall serve until their successors are appointed and duly qualified as provided in G.S. 128‑7.  The General Assembly shall have the power to remove, in accordance with G.S. 143B‑13, any member appointed by the General Assembly.

(d)        The Secretary shall provide staff assistance to the Council from the agency responsible for administration of the underground storage tank cleanup program.

(e)        Members of the Council who are not State employees shall be reimbursed for their expenses in accordance with G.S. 138‑5.  Members of the Council who are State employees shall be reimbursed for their expenses in accordance with G.S. 138‑6.

(f)         The Council shall meet upon the call of the Chairman or a majority of its members.  A majority of its members shall constitute a quorum for the transaction of business.

(g)        The Council shall:

(1)        Review the administration of the Commercial Fund, the Noncommercial Fund, and the Loan Fund.

(2)        Advise the Secretary and the Commission on any matter relating to the effective and efficient implementation of this Part.

(3)        Advise the Secretary on the adequacy of the funds to carry out the purposes of this Part.

(4)        Recommend rules, in accordance with generally accepted standards prevailing among commercial lending institutions, for use by the Department in determining eligibility for loans, interest rates, terms, and conditions applicable to loans, and in managing the Loan Fund.

(5)        Recommend rules and comment on proposed rules governing reimbursement 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.)