2009 North Carolina Code
Chapter 143B - Executive Organization Act of 1973.
§ 143B-283. Environmental Management Commission - members; selection; removal; compensation; quorum; services.

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

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

(1)        One who shall be a licensed physician with specialized training and experience in the health effects of environmental pollution;

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

(3)        One who shall, at the time of appointment, be actively connected with or have had experience in agriculture;

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

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

(6)        One who shall, at the time of appointment, have special training and scientific expertise in hydrogeology or groundwater hydrology;

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

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

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

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

(11)      One who shall, at the time of appointment, have special training and scientific expertise in freshwater, estuarine, marine biological, or ecological sciences.

(b)        Members appointed by the Governor shall serve terms of office of six years. Any appointment to fill a vacancy on the Commission created by the resignation, dismissal, death or disability of a member shall be for the balance of the unexpired term. The Governor may reappoint a member of the Commission to an additional term if, at the time of the reappointment, the member qualifies for membership on the Commission under subsection (a) of this section.

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

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

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

(b4)      All clerical and other services required by the Commission shall be supplied by the Secretary of Environment and Natural Resources.

(c)        Nine of the members appointed by the Governor under this section shall be persons who do not derive any significant portion of their income from persons subject to permits or enforcement orders under this Chapter. The Governor shall require adequate disclosure of potential conflicts of interest by members. The Governor, by executive order, shall promulgate criteria regarding conflicts of interest and disclosure thereof for determining the eligibility of persons under this section, giving due regard to the requirements of federal legislation, and for this purpose may promulgate rules, regulations or guidelines in conformance with those established by any federal agency interpreting and applying provisions of federal law.

(d)        In addition to the members designated by subsection (a) of this section, the General Assembly shall appoint six members, three upon the recommendation of the Speaker of the House of Representatives, and three upon the recommendation of the President Pro Tempore of the Senate. Appointments by the General Assembly shall be made in accordance with G.S. 120‑121, and vacancies in those appointments shall be filled in accordance with G.S. 120‑122. Members appointed by the General 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.)