North Carolina § 113B-3 - Composition of Council; appointments; terms of members; removal; qualifications.

§ 113B-3. Composition of Council; appointments; terms of members; removal; qualifications.

The Energy Policy Council shall consist of 13 members to be appointed as follows: , (2) Repealed by Session Laws 2013-365, s. 8(c), effective July 29, 2013. The Secretary of Environmental Quality, or the Secretary's designee. The Secretary of Commerce, or the Secretary's designee. The Lieutenant Governor, or the Lieutenant Governor's designee. Appointments to the Energy Policy Council shall be made by October 1, 2013. The terms of office of members of the Council are three years. The terms of members appointed under subdivisions (1), (4), and (6) of subsection (c) of this section shall expire on June 30 of years evenly divisible by three. The terms of members appointed under subdivisions (2), (5), (8), and (10) of subsection (c) of this section shall expire on June 30 of years that precede by one year those years that are evenly divisible by three. The terms of members appointed under subdivisions (3), (7), (11), and (12) of subsection (c) of this section shall expire on June 30 of years that follow by one year those years that are evenly divisible by three. Appointments made by the President Pro Tempore of the Senate and the Speaker of the House of Representatives shall be allowed when the General Assembly is not in session. The public members of the Energy Policy Council shall have the qualifications and shall be appointed as follows: Repealed by Session Laws 2013-365, s. 8(c), effective July 29, 2013. One member shall have experience in natural gas and associated hydrocarbon exploration, development, and production, to be appointed by the Governor. Repealed by Session Laws 2013-365, s. 8(c), effective July 29, 2013. One member shall be a representative of an investor-owned natural gas public utility, to be appointed by the Speaker of the House of Representatives. One member shall be an energy economist or a person with experience in the financing or business development of an energy-related business, to be appointed by the President Pro Tempore of the Senate. One member shall have experience in energy policy, to be appointed by the President Pro Tempore of the Senate. One member shall be an industrial energy consumer, to be appointed by the Speaker of the House of Representatives. One member shall be knowledgeable of alternative and renewable sources of energy, to be appointed by the Governor. One member shall have experience in trucking, rail, or shipping transportation, to be appointed by the Speaker of the House of Representatives. Repealed by Session Laws 2009-446, s. 4, effective August 7, 2009. One member shall have experience in energy research and development, to be appointed by the President Pro Tempore of the Senate. One member shall have experience in environmental management, to be appointed by the Speaker of the House of Representatives. One member shall be a representative of an investor-owned electric public utility, to be appointed by the President Pro Tempore of the Senate. A Council member shall be automatically removed from the Council if he or she fails to attend three successive Council meetings without just cause as determined by the remainder of the Council. The Governor shall have the power to remove any member of the Council from office for misfeasance, malfeasance, or nonfeasance in accordance with the provisions of G.S. 143B-13 of the Executive Organization Act of 1973. (3) Ten public members who are citizens of the State of North Carolina and who are appointed in accordance with subsection (c) of this section. (4) Repealed by Session Laws 2009-446, s. 4, effective August 7, 2009. History (1975, c. 877, s. 4; 1977, c. 23, ss. 1, 5; c. 771, s. 4; 1979, c. 422; 1981, c. 701, ss. 4, 5; 1989, c. 727, s. 218(80); c. 751, s. 8(15); 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 1991, c. 739, s. 10; 1991 (Reg. Sess., 1992), c. 959, s. 27; 1997-443, s. 11A.119(a); 2009-446, s. 4; 2013-365, s. 8(c); 2015-1, s. 5; 2015-241, s. 14.30(v).) Effect of Amendments. - Session Laws 2009-446, s. 4, effective August 7, 2009, in the introductory language of subsection (a), substituted "16" for "18"; in subdivision (a)(3), substituted "Twelve" for "Nine," added the second sentence, and made a related change; deleted subdivision (a)(4), which read: "The chairman of the North Carolina Utilities Commission, the Secretary of Environment and Natural Resources, the Commissioner of Agriculture, the Secretary of Commerce and the Secretary of Administration or their designees from their respective departments"; in subsection (b), substituted "Appointments" for "Initial appointments," "July 15, 2009" for "July 15, 1975," and "January 31, 2011" for "January 31, 1977"; and rewrote subsection (c). Session Laws 2013-365, s. 8(c), effective July 29, 2013, rewrote the section. For applicability, see editor's note. Session Laws 2015-1, s. 5, effective March 16, 2015, inserted "removal" in the section heading; added "or the Secretary's designee" in subdivisions (a)(2a) and (a)(2b); added "or the Lieutenant Governor's designee" in subdivision (a)(2c); and added subsections (d) and (e). Session Laws 2015-241, s. 14.30(v), effective July 1, 2015, substituted "Secretary of Environmental Quality" for "Secretary of Environment and Natural Resources" in subdivision (a)(2a). Legal Periodicals. - For article, "Ripening on the Vine: North Carolina's Renewable Energy and Energy Efficiency Portfolio Standard Should Be Left Unchanged Ahead of 2012 Compliance Deadline," see 34 N.C. Cent. L. Rev. 111 (2012).