§ 120-70.43. Powers and duties.
§ 120‑70.43. Powers andduties.
(a) The EnvironmentalReview Commission shall have the following powers and duties:
(1) To evaluate actionsof all boards, commissions, departments, and other agencies of the State andlocal governments as such actions relate to the environment or protection ofthe environment, including but not limited to an evaluation of:
a. Benefits of eachprogram relative to costs;
b. Achievement ofprogram goals;
c. Use of measures bywhich the success or failure of a program can be measured; and
d. Conformity withlegislative intent;
(2) To study on acontinuing basis the organization of State government as it relates to theenvironment or to the protection of public health and the environment,including but not limited to:
a. Improvements inadministrative structure, practices, and procedures;
b. Increasedintegration and coordination of programs and functions;
c. Increased efficiencyin budgeting and use of resources;
d. Efficientadministration of licensing, permitting, and grant programs;
e. Prompt, effectiveresponse to environmental emergencies;
f. Opportunities foreffective citizen participation; and
g. Broadening of careeropportunities for professional staff;
(3) To make anyrecommendations it deems appropriate regarding the reorganization andconsolidation of environmental regulatory agencies and the recodification ofstatutes relating to the environment, including but not limited to:
a. Ways in whichagencies may operate more efficiently and economically;
b. Ways in which agenciescan provide better services to the State and to the people; and
c. Instances in whichfunctions of agencies are duplicative, overlapping, incomplete in scope orcoverage, fail to accomplish legislative objectives, or for any other reasonshould be redefined or redistributed;
(4) To review andevaluate changes in federal law and regulations, relevant court decisions, andchanges in technology affecting the environment or protection of theenvironment;
(5) To review existingand proposed State law and rules affecting the environment or protection of theenvironment and to determine whether any modification of law or rules is in thepublic interest;
(6) To make reports andrecommendations, including draft legislation, to the General Assembly from timeto time as to any matter relating to the powers and duties set out in thissection; and
(7) To undertake suchadditional studies as it deems appropriate or as may from time to time berequested by the President Pro Tempore of the Senate, the Speaker of the Houseof Representatives, either house of the General Assembly, the LegislativeResearch Commission, the Joint Legislative Commission on GovernmentalOperations, the Joint Legislative Utility Review Committee, or the Joint SelectCommittee on Low‑Level Radioactive Waste and to make such reports andrecommendations to the General Assembly regarding such studies as it deemsappropriate; provided that the Environmental Review Commission shall notundertake any study which the General Assembly has assigned to anotherlegislative commission or committee.
(b) The EnvironmentalReview Commission may continue the study of environmental agency consolidationand reorganization. The study of environmental agency consolidation shallinclude, but is not limited to:
(1) Monitoring theimplementation of Session Laws 1989, c. 727;
(2) Evaluation of theorganization, programs, and operation of the Department of Environment andNatural Resources;
(3) Evaluation of theorganization, functions, powers, and duties of the components of the Departmentof Environment and Natural Resources, including boards, commissions, councils,and regional offices; and
(4) Recodification ofthe General Statutes relating to the environment and environmental agencies.
(c) In addition to itsgeneral powers and duties, the Environmental Review Commission shall have thefollowing powers and duties with respect to hazardous waste management:
(1) To study the currentand projected need for hazardous waste treatment, storage, and disposalcapacity in the State in light of anticipated generation of hazardous waste andalternatives for hazardous waste treatment and disposal;
(2) To evaluate thepotential for the development of additional hazardous waste treatment, storage,and disposal capacity by the private sector;
(3) To study thenecessity for and scope of hazardous waste treatment, storage, and disposalfacilities which are sited, owned, or operated by the State;
(4) To review progressin securing a volunteer county to host a hazardous waste treatment facility;
(5) To study incentivesand compensation for the community which hosts, either voluntarily orinvoluntarily, a hazardous waste treatment facility, including any additionalincentives and compensation which may be needed, whether there should bedifferential compensation for a volunteer county, options for use of funds bylocal governments, distribution of compensation among local governments, andmethods of providing flexibility in the development of an incentives andcompensation package for a particular local community;
(6) To review progressin developing interstate agreements for the treatment, storage, and disposal ofhazardous waste;
(7) To assist in thedevelopment of cooperative, comprehensive regional approach to hazardous wastetreatment and disposal;
(8),(9) Repealed by SessionLaws 2001‑474, s. 12.
(10) To study the capacityassurance 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 andReauthorization Act of 1986, Pub. L. No. 99‑499, 100 Stat. 1613, asamended as it relates to the continued eligibility of North Carolina forremedial actions under Superfund;
(11) To study alternativesavailable to the State for dealing with hazardous waste and the ramificationsof those alternatives; and
(12) To receive andevaluate reports of every State agency, board, and commission which has anypower or duty with respect to hazardous waste management. (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.)