North Carolina § 130A-29 - Commission for Public Health - Creation, powers and duties.

§ 130A-29. Commission for Public Health - Creation, powers and duties.

The Commission for Public Health is created with the authority and duty to adopt rules to protect and promote the public health. The Commission is authorized to adopt rules necessary to implement the public health programs administered by the Department as provided in this Chapter. The Commission shall adopt rules: Repealed by Session Laws 1983 (Regular Session, 1984), c. 1022, s. 5. Establishing standards for approving sewage-treatment devices and holding tanks for marine toilets as provided in G.S. 75A-6(o). Establishing specifications for sanitary privies for schools where water-carried sewage facilities are unavailable as provided in G.S. 115C-522. Establishing requirements for the sanitation of local confinement facilities as provided in Part 2 of Article 10 of Chapter 153A of the General Statutes. Repealed by Session Laws 1989 (Regular Session, 1990), c. 1075, s. 1. Establishing eligibility standards for participation in Department reimbursement programs. Repealed by Session Laws 2014-122, s. 11(a), effective September 20, 2014. Establishing statewide health outcome objectives and delivery standards. Establishing permit requirements for the sanitation of premises, utensils, equipment, and procedures to be used by a person engaged in tattooing, as provided in Part 11 of Article 8 of this Chapter. Implementing immunization requirements for adult care homes as provided in G.S. 131D-9 and for nursing homes as provided in G.S. 131E-113. Pertaining to the biological agents registry in accordance with G.S. 130A-479. For matters within its jurisdiction that allow for and regulate horizontal drilling and hydraulic fracturing for the purpose of oil and gas exploration and development. The Commission is authorized to create: Metropolitan water districts as provided in G.S. 162A-33; Sanitary districts as provided in Part 2 of Article 2 of this Chapter; and Mosquito control districts as provided in Part 2 of Article 12 of this Chapter. Rules adopted by the Commission shall be enforced by the Department. History (1973, c. 476, s. 123; 1975, c. 19, s. 57; c. 694, s. 6; 1979, c. 41, s. 1; 1981, c. 614, s. 9; 1983, c. 891, s. 15; 1983 (Reg. Sess., 1984), c. 1022, s. 5; 1989, c. 727, ss. 175, 176; 1989 (Reg. Sess., 1990), c. 1004, s. 50; c. 1075, s. 1; 1991, c. 548, s. 2; 1993, c. 321, s. 274; 1993 (Reg. Sess., 1994), c. 670, s. 3; 2000-112, s. 6; 2001-469, s. 2; 2002-179, s. 2(b); 2007-182, s. 2; 2012-143, s. 2(i); 2014-122, s. 11(a).) Administrative Rules Governing Sanitation of Hospitals, Nursing Homes, Rest Homes, and Other Institutions. - Session Laws 2002-160, ss. 1-6, with respect to certain administrative rules governing sanitation of hospitals, nursing homes, rest homes, and other institutions, (1) delayed the effective date for the rules, (2) provided for a field test of those rules, (3) authorized the Commission for Health Services [now the Commission for Public Health] to adopt temporary and permanent rules to amend those rules, and (4) authorized the Medical Care Commission to adopt temporary and permanent rules governing licensing of family care homes and homes for the aged and infirm. Provide for Low-Flow Design Alternatives for Public Water Supply Systems. - Session Laws 2017-10, s. 3.18(a)-(d), provides: "15A NCAC 18C .0409(b)(1) (Daily Flow Requirements). - Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (c) of this section, the Commission, the Department of Environmental Quality, and any other political subdivision of the State shall implement 15A NCAC 18C .0409(b)(1) (Daily Flow Requirements), as provided in subsection (b) of this section. "(b) Implementation. - Notwithstanding the Daily Flow Requirements rates listed in Table No. 1 of 15A NCAC 18C .0409(b)(1) (Daily Flow Requirements), a public water supply system shall be exempt from the Daily Flow Requirements, and any other design flow standards established by the Department or the Commission, provided the flow rates that are less than those required in Table No. 1 of 15A NCAC 18C .0409(b)(1) (Daily Flow Requirements) (i) are achieved through an engineering design that utilizes low-flow fixtures and low-flow reduction technologies and the design is prepared, sealed, and signed by a professional engineer licensed pursuant to Chapter 89C of the General Statutes and (ii) provide for a flow that is sufficient to sustain the water usage required in the engineering design. "(c) Additional Rule-Making Authority. - The Commission shall adopt a rule to amend 15A NCAC 18C .0409(b)(1) (Daily Flow Requirements), consistent with subsection (b) of this section. Notwithstanding G.S. 150B-19(4) , the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (b) of this section. Rules adopted pursuant to this section are not subject to G.S. 150B-21.8 through G.S. 150B-21.14 . Rules adopted pursuant to this section shall become effective as provided in G.S. 150B-21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B-21.3(b2) . "(d) Sunset. - Subsection (b) of this section expires on the date that rules adopted pursuant to subsection (c) of this section become effective." On-Site Wastewater Task Force - Session Laws 2019-151, ss. 5-12, provide: "Section 5. There is established the On-Site Wastewater Task Force (Task Force). "Section 6. The Task Force shall consist of 10 members, as follows: "(1) A representative of the North Carolina Division of Public Health, On-Site Water Protection Branch. "(2) A person currently certified as a Water Pollution Control Systems Operator and actively conducting business as an operator of on-site wastewater systems. "(3) A representative of the North Carolina Environmental Health Supervisors Association. "(4) A representative of the North Carolina Home Builders Association. "(5) A representative of the North Carolina On-Site Wastewater Contractor Inspector Certification Board. "(6) A representative of the North Carolina Licensing Board for General Contractors. "(7) A representative of the North Carolina Septic Tank Association. "(8) A representative of the Consulting Soil Scientists Association of North Carolina with experience conducting private consultative services of sites evaluated for on-site wastewater systems. "(9) A representative of the North Carolina Board of Examiners for Engineers and Surveyors with experience in designing on-site wastewater systems. "(10) A representative of the North Carolina Board for Licensing of Soil Scientists with experience conducting private consultative services of sites evaluated for on-site wastewater systems. "Section 7. The first meeting of the Task Force shall be held no later than October 31, 2019. The Task Force member from the North Carolina Home Builders Association shall chair the first meeting of the Task Force. The permanent chair of the Task Force shall be elected by a majority of the members of the Task Force present and voting at the first meeting. A majority of the Task Force members shall constitute a quorum for the transaction of business. No action may be taken except by a majority vote at a meeting at which a quorum is present. "Section 8. The Task Force may meet at various locations around the State in order to promote greater public participation in its deliberations and to accommodate the travel considerations of the members. The Legislative Services Commission shall grant adequate meeting space to the Task Force in the State Legislative Building or the Legislative Office Building. The Legislative Services Commission shall allocate from a portion of the funds appropriated to the General Assembly sufficient funds for the operation of the Task Force. The Task Force may contract for professional, clerical, or consultant services as provided by G.S. 120-32.02 . Members of the Task Force shall receive subsistence and travel expenses at the rates provided in G.S. 120-3.1 , 138-5, or 138-6, as appropriate. "Section 9. The Task Force shall conduct a study and issue a report to recommend new wastewater rules to the Commission of Public Health. In conducting this study, the Task Force may collaborate with any stakeholders it deems appropriate. The report must make recommendations for all of the following: "(1) New rules to replace the rules adopted by the Commission for Public Health and approved by the Rules Review Commission, which were to be codified in Chapter 18E of Title 15A of the North Carolina Administrative Code. The new rule recommendations should replace the rules disapproved by Section 1 through Section 4 of this act, as well as any rules that meet all of the following criteria: (i) adoption by the Commission of Public Health on August 8, 2018, (ii) approval by the Rules Review Commission on October 18, 2018, or November 15, 2018, (iii) codification in Chapter 18E of Title 15A of the North Carolina Administrative Code, and (iv) relation to on-site wastewater treatment and dispersal. "(2) New rules to prevent the implementation of rules and ordinances and enforcement against the use of on-site wastewater treatment and dispersal systems in non-sewered areas of the State. "Section 10. The Task Force shall transmit its report to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the Environmental Review Commission, the Joint Legislative Oversight Committee on Health and Human Services, and the Commission for Public Health no later than February 1, 2020. The Task Force will terminate on the earlier of the date it transmits its report or February 1, 2020. "Section 11. 15A NCAC 18A.1934 through.1971 shall remain in effect until new rules adopted by the Commission for Public Health to replace them become effective. 15A NCAC 18A.1934 through.1971 shall be exempt from the periodic review and expiration of existing rules process required by G.S. 150B-21.3 A. "Section 12. The rules for on-site wastewater treatment and dispersal cited as 15A NCAC 18E.0101-.0102, .0104, .0201-.0207, .0301-.0302, .0304-.0305, .0501- .0507, .0509-.0510, .0601-.0602, .0701-.0703, .0801-.0804, .0901-.0911, .1001, .1103, .1201, .1302, .1403, .1405-.1406, .1501-.1505, .1601-.1603, adopted by the Commission for Public Health on August 8, 2018, and approved by the Rules Review Commission on October 18, 2018, and November 15, 2018, shall not become effective if the rules specifically enumerated in Sections 1 through 4 of this act are disapproved." Session Laws 2019-151, ss. 1-4, provide: "Section 1. Pursuant to G.S. 150B-21.3(b1) , the following rules, as adopted by the North Carolina Commission for Public Health on August 8, 2018, and approved by the Rules Review Commission on October 18, 2018, are disapproved: "15A NCAC 18E.0103 (Incorporation by Reference) "15A NCAC 18E.0105 (Definitions) "15A NCAC 18E.0303 (Licensed or Certified Professionals) "15A NCAC 18E.0401 (Design Daily Flow) "15A NCAC 18E.0402 (Septic Tank Effluent Characteristics) "15A NCAC 18E.0403 (Adjustments to Design Daily Flow) "15A NCAC 18E.0505 (Soil Depth) "15A NCAC 18E.0805 (Tank Leak Testing and Installation Requirements) "15A NCAC 18E.1401 (Plans for Prefabricated Tanks) "15A NCAC 18E.1402 (Tank Design and Construction) "15A NCAC 18E.1404 (Plans and Specifications for Risers, Effluent Filters, and Pipe Penetration Boots) "Section 2. Pursuant to G.S. 150B-21.3(b1) , the following rules, as adopted by the North Carolina Commission for Public Health on August 8, 2018, and approved by the Rules Review Commission on November 15, 2018, are disapproved: "15A NCAC 18E.1002 (Reclaimed Water Systems) "15A NCAC 18E.1101 (General Dosing System Requirements) "15A NCAC 18E.1102 (Pump Dosing) "15A NCAC 18E.1104 (Siphon Dosing) "15A NCAC 18E.1105 (Timed Dosing) "15A NCAC 18E.1106 (Pressure Dosed Gravity Distribution Devices) "15A NCAC 18E.1202 (Siting and Sizing Criteria for Advanced Pretreatment Systems with a Design Daily Flow Less Than or Equal to 1,500 Gallons/Day) "15A NCAC 18E.1203 (Siting and Sizing Criteria for Advanced Pretreatment Systems with a Design Daily Flow Greater Than 1,500 Gallons/Day and Less Than or Equal to 3,000 Gallons/Day) "15A NCAC 18E.1204 (Advanced Pretreatment Drip Dispersal Systems) "15A NCAC 18E.1205 (Advanced Pretreatment Sand Lined Trench Systems) "15A NCAC 18E.1206 (Advanced Pretreatment Bed Systems) "15A NCAC 18E.1303 (Owner Responsibilities for Wastewater System Operation and Maintenance) "15A NCAC 18E.1304 (Management Entity Responsibilities for Wastewater System Operation and Maintenance) "15A NCAC 18E.1305 (Local Health Department Responsibilities for Wastewater System Operation and Maintenance) "15A NCAC 18E.1306 (System Malfunction and Repair) "15A NCAC 18E.1307 (Wastewater System Abandonment) "15A NCAC 18E.1701 (General) "15A NCAC 18E.1702 (Application) "15A NCAC 18E.1703 (Department and Commission Application Review) "15A NCAC 18E.1704 (Approval Criteria for Provisional Systems) "15A NCAC 18E.1705 (Approval Criteria for Innovative Systems) "15A NCAC 18E.1706 (Approval Criteria for Accepted Systems) "15A NCAC 18E.1707 (Design and Installation Criteria for Provisional, Innovative, and Accepted Approvals) "15A NCAC 18E.1709 (Wastewater Sampling Requirements for Advanced Pretreatment Systems) "15A NCAC 18E.1710 (Compliance Criteria for Advanced Pretreatment Systems) "15A NCAC 18E.1711 (Provisional and Innovative Approval Renewal) "15A NCAC 18E.1712 (Authorized Designers, Installers, and Management Entities) "15A NCAC 18E.1713 (Local Health Department Responsibilities) "Section 3. Pursuant to G.S. 150B-21.3(b1) and S.L. 2015-147, the following rules, as adopted by the North Carolina Commission for Public Health on August 8, 2018, are disapproved: "15A NCAC 18E.0508 (Available Space) "15A NCAC 18E.1301 (Operation and Maintenance of Wastewater Systems) "Section 4. Pursuant to G.S. 150B-21.3(b1) and S.L. 2014-120, Section 47, the following rule, as adopted by the North Carolina Commission for Public Health on August 8, 2018, is disapproved: "15A NCAC 18E.1708 (Modification, Suspension, and Revocation of Approvals)." Editor's Note. - This Article is former Part 3 of Article 3 of Chapter 143B , G.S. 143B-142 to 143B-146, as rewritten and recodified by Session Laws 1989, c. 727, ss. 175 to 178. Where appropriate, the historical citations to the sections in the former Article have been added to corresponding sections in the Article as rewritten and recodified. Session Laws 1997-225, s. 5 provides the North Carolina Commission for Health Services [now the Commission for Public Health] shall develop voluntary standards or guidelines for diabetes outpatient self-management training and educational services based on clinical practice recommendations and guidelines established by the Center for Disease Control and the American Diabetes Association. These standards or guidelines are not subject to Article 2A of Chapter 150B of the General Statutes. Session Laws 1997-374, s. 1, provides: "The Commission for Health Services [now the Commission for Public Health] shall adopt a rule regarding design criteria for municipal solid waste landfills that complies with 40 C.F.R. Part 258.40 (1 July 1996 Edition) and that provides for alternate landfill liners that are at least as protective as the liner currently authorized under the rules of the Commission for Health Services [now the Commission for Public Health]." Session Laws 1997-374, s. 2, provides: "This act constitutes a recent act of the General Assembly within the meaning of G.S. 150B-21.1 . The Commission for Health Services shall [now the Commission for Public Health] adopt the rule required by Section 1 of this act as a temporary rule no later than 1 July 1998." Session Laws 2000-112, s. 5, directs the Department of Health and Human Services to make available to nursing homes and adult care homes educational and informational materials pertaining to vaccinations required under the act. Session Laws 2007-550, s. 15, provides: "(a) The Commission for Health Services shall review rules governing the design, construction, operation, maintenance, closure, and post-closure monitoring and maintenance of solid waste management facilities to determine whether changes are required to protect public health, safety, welfare, and the environment; to improve the performance of solid waste management facilities; to take advantage of technological advances in landfill design, construction, operation, maintenance, and closure; and to provide additional protection to environmentally sensitive areas of the State. The Commission shall adopt rules necessary to minimize impacts from solid waste management facilities on public health, safety, welfare, and the environment. These rules shall: "(1) Establish standards for the collection, control, and utilization or destruction of landfill gases at municipal solid waste landfills. "(2) Establish standards for the design, construction, operation, maintenance, closure, and post-closure monitoring and maintenance of bioreactor landfills. "(3) Establish criteria for development of bird and wildlife management plans. "(4) Incorporate measures necessary to minimize impacts to natural, historic, and cultural resources, including, but not limited to, wetlands, critical fisheries habitats, parks, recreation areas, cultural and historic sites, and potential water supplies. "(b) This section is effective when it becomes law [August 31, 2007]." Session Laws 2011-394, s. 15(a), provides: "Notwithstanding G.S. 150B-19 , as amended by S.L. 2011-13, the Commission for Public Health may adopt rules to incorporate all or part of the United States Food and Drug Administration Food Code 2009 and to require that employees of establishments regulated under subsections (a) and (a2) of G.S. 130A-248 be certified in food protection in accordance with the United States Food and Drug Administration Food Code 2009." The preamble to Session Laws 2012-143, provides that: "Whereas, in S.L. 2011-276, the General Assembly directed the Department of Environment and Natural Resources, in conjunction with the Department of Commerce, the Department of Justice, and the Rural Advancement Foundation (RAFI-USA), to study the issue of oil and gas exploration in the State and the use of horizontal drilling and hydraulic fracturing for that purpose, including the study of all of the following: "(1) Oil and gas resources present in the Triassic Basins and in any other areas of the State. "(2) Methods of exploration and extraction of oil and gas, including directional and horizontal drilling and hydraulic fracturing. "(3) Potential environmental, economic, and social impacts arising from such activities, as well as impacts on infrastructure. "(4) Appropriate regulatory requirements for management of oil and gas exploration activities, with particular attention to regulation of horizontal drilling and hydraulic fracturing for that purpose; and "Whereas, pursuant to S.L. 2011-276, the Department of Environment and Natural Resources, in conjunction with the Department of Commerce, the Department of Justice, and the Rural Advancement Foundation (RAFI-USA), issued a draft report in March of 2012; and "Whereas, pursuant to S.L. 2011-276, the Department of Environment and Natural Resources received public comment regarding the draft report, including public comment received at public meetings held on March 20, March 27, and April 2, 2012; and "Whereas, pursuant to S.L. 2011-276, the Department of Environment and Natural Resources (DENR), in conjunction with the Department of Commerce, the Department of Justice, and the Rural Advancement Foundation (RAFI-USA), issued a final report on April 30, 2012; and "Whereas, the final report set forth a number of recommendations, including recommendations concerning all of the following: "(1) Development of a modern oil and gas regulatory program, taking into consideration the processes involved in hydraulic fracturing and horizontal drilling technologies, and long-term prevention of physical or economic waste in developing oil and gas resources. "(2) Collection of baseline data for areas near proposed drill sites concerning air quality and emissions, as well as groundwater and surface water resources and quality. "(3) Requirements that oil and gas operators prepare and have approved water management plans that limit water withdrawals during times of low-flow conditions and droughts. "(4) Enhancements to existing oil and gas well construction standards to address the additional pressures of horizontal drilling and hydraulic fracturing. "(5) Development of setback requirements and identification of areas where oil and gas exploration and development activities should be prohibited. "(6) Development of a State stormwater regulatory program for oil and gas drilling sites. "(7) Development of specific standards for management of oil and gas wastes. "(8) Requirements for disclosure of hydraulic fracturing chemicals and constituents to regulatory agencies and the public. "(9) Prohibitions on use of certain chemicals or constituents in hydraulic fracturing fluids. "(10) Improvements to data management capabilities. "(11) Development of a coordinated permitting program for oil and gas exploration and development activities within the Department of Environment and Natural Resources where it will benefit from the expertise of State geological staff and the ability to coordinate air, land, and water permitting. "(12) Development of protocols to ensure that State agencies, local first responders, and industry are prepared to respond to a well blowout, chemical spill, or other emergency. "(13) Adequate funding for any continued work on the development of a State regulatory program for the natural gas industry. "(14) Appropriate distribution of revenues from any taxes or fees that may be imposed on oil and gas exploration and development activities to support a modern regulatory program for the management of all aspects of oil and gas exploration and development activities using the processes of horizontal drilling and hydraulic fracturing in the State, and to support local governments impacted by the activities, including, but not limited to, sufficient funding for improvements to and repair of roads subject to damage by truck traffic and heavy equipment from these activities. "(15) Closure of gaps in regulatory authority over the siting, construction, and operation of gathering pipelines. "(16) Clarifications needed to address local government regulatory authority over oil and gas exploration and development activities, and use of horizontal drilling and hydraulic fracturing for that purpose. "(17) Additional research required on impacts to local governments and local infrastructure, as well as potential economic impacts from oil and gas exploration and development activities. "(18) Development of provisions to address liability of the oil and gas industry for environmental contamination caused by exploration and development activities, particularly with regard to groundwater contamination. "(19) Establishment of a process that affords additional public participation in connection with development of a modern oil and gas regulatory program; and "Whereas, the final report also states '[a]fter reviewing other studies and experiences in oil and gas-producing states, DENR has concluded that information available to date suggests that production of natural gas by means of hydraulic fracturing can be done safely as long as the right protections are in place'; and "Whereas, the General Assembly concurs in the conclusion of the final report that hydraulic fracturing can be done safely as long as the right protective measures are in place before any permits for horizontal drilling and hydraulic fracturing are issued; and "Whereas, it is the intent of the General Assembly to authorize oil and gas exploration and development activities using horizontal drilling and hydraulic fracturing treatments, but to prohibit the issuance of permits for these activities until such time as the General Assembly has determined that a modern regulatory program for the management of oil and gas exploration and development in the State and the use of horizontal drilling and hydraulic fracturing for that purpose has been fully established and takes legislative action to allow the issuance of permits; and "Whereas, it is the intent of the General Assembly to establish a modern regulatory program based on the recommendations of the final report and the following principles: "(1) Protection of public health and safety. "(2) Protection of public and private property. "(3) Protection and conservation of the State's air, water, and other natural resources. "(4) Promotion of economic development and expanded employment opportunities. "(5) Productive and efficient development of the State's oil and gas resources; Now, therefore," Session Laws 2012-143, s. 2(m), as amended by Session Laws 2014-4, s. 1, provides: "All rules required to be adopted by the Mining and Energy Commission, the Environmental Management Commission, and the Commission for Public Health pursuant to this act shall be adopted no later than January 1, 2015. In order to provide for the orderly, efficient, and effective development and adoption of rules and to prevent the adoption of duplicative, inconsistent, or inadequate rules by these Commissions, the Department of Environment and Natural Resources shall coordinate the adoption of the rules. The Commissions and the Department shall develop the rules in an open and collaborative process that includes (i) input from scientific and technical advisory groups; (ii) consultation with the North Carolina League of Municipalities, the North Carolina Association of County Commissioners, the Division of Energy of the Department of Commerce, the Department of Transportation, the Division of Emergency Management of the Department of Public Safety, the Consumer Protection Division of the Department of Justice, the Department of Labor, the Department of Health and Human Services, the State Review of Oil and Natural Gas Environmental Regulations (STRONGER), the American Petroleum Institute (API), and the Rural Advancement Foundation (RAFI-USA); and (iii) broad public participation. During the development of the rules, the Commissions and the Department shall identify changes required to all existing rules and statutes necessary for the implementation of this act, including repeal or modification of rules and statutes. Until such time as all of the rules are adopted pursuant to this act, the Department shall submit quarterly reports to the Joint Legislative Commission on Energy Policy, created under Section 6(a) of this act, and the Environmental Review Commission on its progress in developing and adopting the rules. The quarterly reports shall include recommendations on changes required to existing rules and statutes and any other findings or recommendations necessary for the implementation of this act. The first report required by this subsection is due January 1, 2013." Session Laws 2013-365, s. 1(a), provides: "All rules required to be adopted pursuant to Section 2(m) of S.L. 2012-143 shall become effective as provided in G.S. 150B-21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B-21.3(b2) ." Session Laws 2012-187, s. 15.1, as amended by Session Laws 2013-413, s. 48(a), provides: "No later than July 1, 2013, the Commission for Public Health shall adopt rules to allow applicants for sanitary landfills the option to (i) apply for a permit to construct and operate a five-year phase of landfill development and apply to amend the permit to construct and operate subsequent five-year phases of landfill development; or (ii) apply for a permit to construct and operate a 10-year phase of landfill development and apply to amend the permit to construct and operate subsequent 10-year phases of landfill development, with a limited review of the permit five years after issuance of the initial permit and five years after issuance of each amendment for subsequent phases of development. No later than July 1, 2013, the Commission shall also adopt rules to allow applicants for permits for transfer stations the option to (i) apply for a permit with a five-year duration to construct and operate a transfer station; or (ii) apply for a permit with a 10-year duration to construct and operate a transfer station, with a limited review of the permit five years after issuance of the initial permit and five years after issuance of any amendment to the permit. In developing these rules, the Department of Environment and Natural Resources shall examine the current fee schedule for permits for sanitary landfills and transfer stations as set forth under G.S. 130A-295.8 and formulate recommendations for adjustments to the current fee schedule sufficient to address any additional demands associated with review of permits issued for 10-year phases of landfill development and the issuance permits with a duration of up to 10 years for transfer stations. The Department shall report its findings and recommendations, including any legislative proposals, to the Environmental Review Commission on or before December 1, 2012. The rules required by this section shall not become effective until the fee schedule set forth under G.S. 130A-295.8 is amended as necessary to address any additional demands associated with review of permits issued for 10-year phases of landfill development and the issuance of permits with a duration of up to 10 years to construct and operate transfer stations." Session Laws 2013-365, s. 1(b), as amended by Session Laws 2014-4, s. 2(f), provides: "The Mining and Energy Commission, the Environmental Management Commission, and the Commission for Public Health are exempt from the provisions of Chapter 150B of the General Statutes that require the preparation of fiscal notes for any rule proposed that pertains to the management of oil and gas exploration and development activities in the State, including the use of horizontal drilling and hydraulic fracturing for that purpose." Session Laws 2013-413, s. 19(d), provides: "The Building Code Council, the Department of Health and Human Services, and the Commission for Public Health, shall jointly study the requirements for installation of carbon monoxide detectors in lodging establishments, enacted by subsections (a), (b), and (c) of this section, in order to determine whether the requirements are adequate to protect the health and safety of the traveling public. At a minimum, the Council, the Department, and the Commission shall study the requirements for placement of detectors and evaluate whether sufficient coverage will be provided to guests and occupants in all areas of an establishment. The Council, the Department, and the Commission shall report their findings and recommendations to the General Assembly no later than April 15, 2014." Session Laws 2013-413, s. 23, provides: "No later than January 1, 2014, the Commission for Public Health shall amend and clarify its rules adopted pursuant to G.S. 130A-497 for the implementation of the prohibition on smoking in restaurants and bars. The rules shall ensure the consistent interpretation and enforcement of Part 1C of Article 23 of Chapter 130A of the General Statutes and shall specifically clarify the definition of enclosed areas for purposes of implementation of the Part. Rules adopted pursuant to this section (i) shall be exempt from the requirements of G.S. 150B-21.4 , (ii) are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes, and (iii) shall become effective as provided in G.S. 150B-21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B-21.3(b2) . No later than November 1, 2013, the Commission shall report to the Joint Legislative Oversight Committee on Health and Human Services on its progress in amending and clarifying the rules." Session Laws 2013-413, s. 61(a), is a severability clause. Session Laws 2014-4, s. 2(a), provides: "Notwithstanding G.S. 150B-21.3(b1) and Section 1(a) of S.L. 2013-365, all rules adopted pursuant to Section 2(m) of S.L. 2012-143 shall be subject to legislative review during the next regular session of the General Assembly that begins after the date the Rules Review Commission approved the rule or during the regular session that is underway on the date the Commission approved the rule." Session Laws 2014-4, s. 2(b), provides: "Notwithstanding G.S. 150B-21.3(b1) and any rule of either house of the General Assembly, any member of the General Assembly may introduce a bill to disapprove any rule adopted pursuant to Section 2(m) of S.L. 2012-143 that has been approved by the Rules Review Commission and that either has not become effective or has become effective by executive order, as follows: (i) if the Rules Review Commission approves the rule prior to the start of a legislative session, during the first 30 calendar days of the regular session of the General Assembly that begins after the date the Commission approved all rules adopted pursuant to Section 2(m) of S.L. 2012-143 or (ii) if the Rules Review Commission approves the rule during a legislative session, 30 calendar days from the date the Rules Review Commission approved all rules adopted pursuant to Section 2(m) of S.L. 2012-143." Session Laws 2014-4, s. 2(c), provides: "Notwithstanding G.S. 150B-21.3(b1) and any rule of either house of the General Assembly, all rules adopted pursuant to Section 2(m) of S.L. 2012-143 become effective on the earlier of the following: "(1) If the Rules Review Commission approves all rules adopted pursuant to Section 2(m) of S.L. 2012-143 prior to the start of a legislative session, the earlier of (i) the 31st calendar day of the regular session of the General Assembly that begins after the date the Commission approved all rules adopted pursuant to Section 2(m) of S.L. 2012-143 if a bill that specifically disapproves any of these rules has not been introduced in either house of the General Assembly by that date; (ii) if a bill that specifically disapproves a rule is introduced in either house of the General Assembly before the 31st calendar day of that session, the rule becomes effective on the earlier of either the day an unfavorable final action is taken on the bill or the 61st calendar day of that session if by that date a bill that specifically disapproves the rule has not been ratified; or (iii) the day that session of the General Assembly adjourns without ratifying a bill that specifically disapproves the rule. "(2) If the Rules Review Commission approves all rules adopted pursuant to Section 2(m) of S.L. 2012-143 during a legislative session, the earlier of (i) the 31st calendar day after the date the Commission approved all rules adopted pursuant to Section 2(m) of S.L. 2012-143 if a bill that specifically disapproves a rule has not been introduced in either house of the General Assembly by that date; (ii) if a bill that specifically disapproves a rule is introduced in either house of the General Assembly within 30 calendar days of the date that the Commission approved all rules adopted pursuant to Section 2(m) of S.L. 2012-143, the rule becomes effective on the earlier of either the day an unfavorable final action is taken on the bill or the 61st day after the date that the Commission approved all rules adopted pursuant to Section 2(m) of S.L. 2012-143 if by that date a bill that specifically disapproves the rule has not been ratified; or (iii) the day that session of the General Assembly adjourns without ratifying a bill that specifically disapproves the rule." Session Laws 2014-4, s. 2(d), provides: "Notwithstanding G.S. 150B-21.9 , the Rules Review Commission must review any permanent rule adopted pursuant to Section 2(m) of S.L. 2012-143 submitted to it by the end of a month by the last day of the next month." Session Laws 2014-4, s. 2(e), provides: "G.S. 150B-19.3 shall not apply to rules adopted by the Mining and Energy Commission, the Environmental Management Commission, the Sedimentation Control Commission, and the Commission for Public Health for the management of oil and gas exploration, development, and production activities in the State, including the use of horizontal drilling and hydraulic fracturing for that purpose." Session Laws 2014-4, s. 2(g), provides: "The Mining and Energy Commission, the Environmental Management Commission, and the Commission for Public Health are exempt from the provisions of Chapter 150B of the General Statutes that require that a certification be obtained from the Office of State Budget and Management, including requirements under G.S. 150B-19.1(h) and G.S. 150B-21.4 , and any requirement for preliminary review by the Office of State Budget and Management pursuant to G.S. 150B-21.26 , for any rule proposed for the creation of a modern regulatory program for the management of oil and gas exploration and development activities in the State, including the use of horizontal drilling and hydraulic fracturing for that purpose." Session Laws 2014-122, s. 11( l ), provides: "The Revisor of Statutes shall make any conforming statutory changes necessary to reflect the transfer of rule-making authority under Article 9 of Chapter 130A of the General Statutes from the Commission for Public Health to the Environmental Management Commission." Session Laws 2014-122, s. 11(m), provides: "The Codifier of Rules shall make any conforming rule changes necessary to reflect the transfer of rule-making authority under Article 9 of Chapter 130A of the General Statutes from the Commission for Public Health to the Environmental Management Commission." Session Laws 2014-122, s. 17, is a severability clause. Session Laws 2017-10, s. 5.1, is a severability clause. Session Laws 2019-88, s. 3, provides: "The Commission for Public Health shall study the requirements of 15A NCAC 18A.2530(f), which requires that all swimming pools have a telephone capable of directly dialing 911 or other emergency notification system, which telephone is permanently affixed to a location inside or within 75 feet of the pool enclosure and is accessible to all pool users. The Commission shall examine the need for a dedicated permanently affixed telephone in light of widespread cellular telephone availability, and, at a minimum, the Commission shall examine the need for and advisability of requiring closure of pools where a dedicated permanently affixed telephone is temporarily out of service due to technical issues. The Commission shall submit a report of the study's findings and recommendations to the Joint Legislative Oversight Committee on Health and Human Services no later than March 1, 2020." Effect of Amendments. - Session Laws 2007-182, s. 2, effective July 5, 2007, substituted "Commission for Public Health" for "Commission for Health Services" in the section heading, and in subsection (a). Session Laws 2012-143, s. 2(i), effective August 1, 2012, added subdivision (c)(11). Session Laws 2014-122, s.11(a), effective September 20, 2014, deleted subdivision (c)(6) which read: "Requiring proper treatment and disposal of sewage and other waste from chemical and portable toilets."