North Carolina § 120-70 - 43. Powers and duties.

§ 120-70. 43. Powers and duties.

The Environmental Review Commission shall have the following powers and duties: To evaluate actions of all boards, commissions, departments, and other agencies of the State and local governments as such actions relate to the environment or protection of the environment, including but not limited to an evaluation of: Benefits of each program relative to costs; Achievement of program goals; Use of measures by which the success or failure of a program can be measured; and Conformity with legislative intent; To study on a continuing basis the organization of State government as it relates to the environment or to the protection of public health and the environment, including but not limited to: Improvements in administrative structure, practices, and procedures; Increased integration and coordination of programs and functions; Increased efficiency in budgeting and use of resources; Efficient administration of licensing, permitting, and grant programs; Prompt, effective response to environmental emergencies; Opportunities for effective citizen participation; and Broadening of career opportunities for professional staff; To make any recommendations it deems appropriate regarding the reorganization and consolidation of environmental regulatory agencies and the recodification of statutes relating to the environment, including but not limited to: Ways in which agencies may operate more efficiently and economically; Ways in which agencies can provide better services to the State and to the people; and Instances in which functions of agencies are duplicative, overlapping, incomplete in scope or coverage, fail to accomplish legislative objectives, or for any other reason should be redefined or redistributed; To review and evaluate changes in federal law and regulations, relevant court decisions, and changes in technology affecting the environment or protection of the environment; To review existing and proposed State law and rules affecting the environment or protection of the environment and to determine whether any modification of law or rules is in the public interest; To make reports and recommendations, including draft legislation, to the General Assembly from time to time as to any matter relating to the powers and duties set out in this section; and To undertake such additional studies as it deems appropriate or as may from time to time be requested by the President Pro Tempore of the Senate, the Speaker of the House of Representatives, either house of the General Assembly, the Legislative Research Commission, or the Joint Legislative Commission on Governmental Operations and to make such reports and recommendations to the General Assembly regarding such studies as it deems appropriate; provided that the Environmental Review Commission shall not undertake any study which the General Assembly has assigned to another legislative commission or committee. The Environmental Review Commission may continue the study of environmental agency consolidation and reorganization. The study of environmental agency consolidation shall include, but is not limited to: Monitoring the implementation of Session Laws 1989, c. 727; Evaluation of the organization, programs, and operation of the Department of Environmental Quality; Evaluation of the organization, functions, powers, and duties of the components of the Department of Environmental Quality, including boards, commissions, councils, and regional offices; and Recodification of the General Statutes relating to the environment and environmental agencies. In addition to its general powers and duties, the Environmental Review Commission shall have the following powers and duties with respect to hazardous waste management: To study the current and projected need for hazardous waste treatment, storage, and disposal capacity in the State in light of anticipated generation of hazardous waste and alternatives for hazardous waste treatment and disposal; To evaluate the potential for the development of additional hazardous waste treatment, storage, and disposal capacity by the private sector; To study the necessity for and scope of hazardous waste treatment, storage, and disposal facilities which are sited, owned, or operated by the State; To review progress in securing a volunteer county to host a hazardous waste treatment facility; To study incentives and compensation for the community which hosts, either voluntarily or involuntarily, a hazardous waste treatment facility, including any additional incentives and compensation which may be needed, whether there should be differential compensation for a volunteer county, options for use of funds by local governments, distribution of compensation among local governments, and methods of providing flexibility in the development of an incentives and compensation package for a particular local community; To review progress in developing interstate agreements for the treatment, storage, and disposal of hazardous waste; To assist in the development of cooperative, comprehensive regional approach to hazardous waste treatment and disposal; , (9) Repealed by Session Laws 2001-474, s. 12, effective November 29, 2001. (10) To study the capacity assurance requirement under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, Pub. L. No. 96-510, 94 Stat. 2767, 42 U.S.C. 9601 et seq., as amended, and the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499, 100 Stat. 1613, as amended as it relates to the continued eligibility of North Carolina for remedial actions under Superfund; (11) To study alternatives available to the State for dealing with hazardous waste and the ramifications of those alternatives; and (12) To receive and evaluate reports of every State agency, board, and commission which has any power or duty with respect to hazardous waste management. History (1987 (Reg. Sess., 1988), c. 1100, s. 4.1; 1989, c. 168, s. 46(b); c. 727, s. 225(a); 1991, c. 739, s. 6; 1991 (Reg. Sess., 1992), c. 990, s. 4; 1997-443, s. 11A.119(a); 2001-474, s. 12; 2011-266, s. 1.31(b); 2011-291, s. 2.31; 2015-241, s. 14.30(u).) Editor's Note. - Session Laws 2010-67, s. 6, provides: "The Environmental Review Commission, with the assistance of the Department of Environment and Natural Resources, shall conduct a study to determine the feasibility of requiring recycling of: (i) computer equipment discarded by small businesses; and (ii) other electronic equipment, including, but not limited to: automated typewriters, professional workstations, servers, ICI devices, ICI systems, mobile telephones, portable handheld calculators, PDAs, MP3 players, copy machines, VCRs, stereos, radios, tape players, CD players, telephones, fax machines, electronic games, power and network cables, network hubs, switching boxes, controllers, modems, docking stations, CD-ROMs, hard drives, printed circuit boards, uninterruptible power supplies, routers, and rechargeable batteries. The Environmental Review Commission, with the assistance of the Department of Environment and Natural Resources, shall also study the fee structure for computer manufacturers imposed under this act. The Environmental Review Commission shall report its findings and recommendations, including any legislative proposals, to the 2011 Regular Session of the General Assembly upon its convening." Session Laws 2015-286, s. 3.9 provides: "The Environmental Review Commission may study whether to require public entities to consider all acceptable piping materials before determining which piping material should be used in the constructing, developing, financing, maintaining, rebuilding, improving, repairing, procuring, or operating of a water, wastewater, or stormwater drainage project. The Environmental Review Commission shall report its findings and recommendations to the 2016 Regular Session of the 2015 General Assembly." Effect of Amendments. - Session Laws 2011-266, s. 1.31(b), effective July 1, 2011, in subdivision (a)(7), deleted "or the Joint Select Committee on Low-Level Radioactive Waste" following "Joint Legislative Utility Review Committee" and made a related grammatical change. Session Laws 2011-291, s. 2.31, effective June 24, 2011, in subdivision (a)(7), deleted "the Joint Legislative Utility Review Committee, or the Joint Select Committee on Low-Level Radioactive Waste" following "Commission on Governmental Operations" and made a related stylistic change. Session Laws 2015-241, s. 14.30(u), effective July 1, 2015, substituted "Department of Environmental Quality" for "Department of Environment and Natural Resources" in subdivisions (b)(2) and (b)(3).