North Carolina § 159G-38 - Environmental assessment and public hearing.

§ 159G-38. Environmental assessment and public hearing.

Establish Environmental Assessment Process; Required Information. - The Division shall establish an environmental assessment process for projects funded from the CWSRF and DWSRF programs that is sufficient to meet federal environmental assessment requirements for such projects. Projects funded by the CWSRF or DWSRF shall meet the requirements of the environmental assessment process established pursuant to this subsection. Repealed by Session Laws 2015-90, s. 6, effective June 19, 2015. Hearing. - The Division may hold a public hearing on an application for a loan or grant under this Article if it determines that holding a hearing will serve the public interest. An individual who is a resident of any county in which a proposed project is located may submit a written request for a public hearing. The request must set forth each objection to the proposed project or other reason for requesting a hearing and must include the name and address of the individual making the request. The Division may consider all written objections to the proposed project, any statement submitted with the hearing request, and any significant adverse effects the proposed project may have on the environment. The Division's decision on whether to hold a hearing is conclusive. The Division must keep all written requests for a hearing on an application as part of the records pertaining to the application. History (2005-454, s. 3; 2011-145, s. 13.3( lll ), (mmm); 2013-360, s. 14.21(j); 2013-413, s. 57(v); 2014-115, s. 17; 2015-90, s. 6.) Editor's Note. - Session Laws 2013-360, s. 14.21(o), provides, in part: "The Revisor of Statutes may conform names and titles changed by this section and may correct statutory references as required by this section throughout the General Statutes." Pursuant to this authority, the Revisor of Statutes made conforming changes in this section. Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'" Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium." Session Laws 2013-360, s. 38.5, is a severability clause. Session Laws 2013-413, s. 61(b), provides: "Except as otherwise provided, this act is effective when it becomes law [August 23, 2013]." Session Laws 2013-413, s. 60(c), had provided that: "This act becomes effective July 1, 2015." Session Laws 2014-115, s. 17, amended Session Laws 2013-413, s. 60(c), to replace the reference to "This act" with the words "This Part." Session Laws 2013-413, s. 61(a), is a severability clause. Session Laws 2015-90, s. 8, made the amendment to this section by Session Laws 2015-90, s. 6, applicable to State agency action occurring on or after June 19, 2015. Effect of Amendments. - Session Laws 2011-145, ss. 13.3( lll ) and 13.3(mmm), effective July 1, 2011, in the second sentence of subsections (b) and (c), substituted "Division of Water Resources" for "Division of Environmental Health." Session Laws 2013-360, s. 14.21(j), effective July 1, 2013, substituted "Infrastructure" for "Quality or the Division of Water Resources, as appropriate" in the first sentence of subsections (b) and (c). Session Laws 2013-413, s. 57(v), substituted "Division of Water Resources" for "Division of Water Quality or the Division of Water Resources, as appropriate" in the first sentence of subsections (b) and (c). For effective date, see Editor's note. Session Laws 2015-90, s. 6, effective June 19, 2015, rewrote subsection (a); deleted former subsection (b), relating to division review; and substituted "The Division" for "The Division of Water Infrastructure" in the first sentence of subsection (c). For applicability, see editor's note.