North Carolina § 150B-21 - 9. Standards and timetable for review by Commission.

§ 150B-21. 9. Standards and timetable for review by Commission.

Standards. - The Commission must determine whether a rule meets all of the following criteria: It is within the authority delegated to the agency by the General Assembly. It is clear and unambiguous. It is reasonably necessary to implement or interpret an enactment of the General Assembly, or of Congress, or a regulation of a federal agency. The Commission shall consider the cumulative effect of all rules adopted by the agency related to the specific purpose for which the rule is proposed. It was adopted in accordance with Part 2 of this Article. Entry of a rule in the North Carolina Administrative Code after review by the Commission creates a rebuttable presumption that the rule was adopted in accordance with Part 2 of this Article. Timetable. - The Commission must review a permanent rule submitted to it on or before the twentieth of a month by the last day of the next month. The Commission must review a rule submitted to it after the twentieth of a month by the last day of the second subsequent month. The Commission must review a temporary rule in accordance with the timetable and procedure set forth in G.S. 150B-21.1. The Commission shall not consider questions relating to the quality or efficacy of the rule but shall restrict its review to determination of the standards set forth in this subsection. The Commission may ask the Office of State Budget and Management to determine if a rule has a substantial economic impact and is therefore required to have a fiscal note. The Commission must ask the Office of State Budget and Management to make this determination if a fiscal note was not prepared for a rule and the Commission receives a written request for a determination of whether the rule has a substantial economic impact. History (1991, c. 418, s. 1; 1995, c. 507, s. 27.8(f); 2000-140, s. 93.1(a); 2001-424, s. 12.2(b); 2003-229, s. 9.) Editor's Note. - Session Laws 2003-229, s. 15 provides that the amendments to subsections (a) and (b) by s. 9 of the act are applicable to temporary and emergency rules adopted on or after that date and to permanent rules adopted on or after October 1, 2003. Subsection (a1), as amended by s. 9 of the act, applies only to rules adopted on or after July 1, 2003. Session Laws 2009-216, as amended by Session Laws 2009-484, s. 7(a) and (b), provided for improvements in the management of the Jordan Watershed in order to restore water quality in the Jordan Reservoir. See Editor's note at G.S. 143-214.7 for details. Session Laws 2009-216, s. 2(c), provides: "Additional Rule-Making Authority. - The Commission shall adopt a rule to replace Wastewater Discharge Rule 15A NCAC 02B.0270. Notwithstanding G.S. 150B-19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of Section 2(b) of this act. Rules adopted pursuant to this section are not subject to G.S. 150B-21.9 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)." Section 2 of Session Laws 2009-216 pertains to wastewater discharge into the Jordan Lake Reservoir. Session Laws 2009-216, s. 3(j), provides: "Additional Rule-Making Authority. - The Commission shall adopt a rule to replace Sections 3(c) through 3(i) of this act. Notwithstanding G.S. 150B-19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of Sections 3(c) through 3(f) of this act. Rules adopted pursuant to this section are not subject to G.S. 150B-21.9 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)." Section 3 of Session Laws 2009-216 pertains to stormwater management, Jordan Lake Reservoir. For provisions on interpretation of certain rules to implement nutrient management strategies for the B. Everett Jordan Reservoir adopted pursuant to Session Laws 2009-216, see Session Laws 2012-187, s. 12.1. 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."