§ 77-113. Membership; terms of office; eligibility for appointment; meetings.
§ 77‑113. Membership;terms of office; eligibility for appointment; meetings.
(a) The Catawba/WatereeRiver Basin Advisory Commission shall be composed of 15 members as follows:
(1) Two members of theNorth Carolina House of Representatives whose districts include a part of theNorth Carolina portion of the river basin, to be appointed by the Speaker ofthe North Carolina House of Representatives.
(2) Two members of theNorth Carolina Senate whose districts include a part of the North Carolinaportion of the river basin, to be appointed by the President Pro Tempore of theNorth Carolina Senate.
(3) Two members of theSouth Carolina House of Representatives, to be appointed by the Speaker of theSouth Carolina House of Representatives.
(4) Two members of theSouth Carolina Senate, to be appointed by the President Pro Tempore of theSouth Carolina Senate.
(5) One person fromSouth Carolina representing a water or sewer municipal utility to be appointedby the South Carolina legislative members of the Commission.
(6) One person from anonprofit land conservation trust operating within the North Carolina portionof the river basin, appointed by the Governor of North Carolina.
(7) The President ofDuke Power or the President's designee.
(8) The Chair of the Bi‑StateCatawba River Task Force or the Chair's designee.
(9) The Chief ExecutiveOfficer of Carolina's Partnership, Inc., or the Chief Executive Officer'sdesignee.
(10) One person torepresent the following commissions, appointed jointly by the three chief executiveofficers of the commissions: the Lake Wylie Marine Commission establishedpursuant to Article 4 of Chapter 77 of the General Statutes, the MountainIsland Lake Marine Commission established pursuant to Article 6 of Chapter 77of the General Statutes, and the Lake Norman Marine Commission establishedpursuant to Chapter 1089 of the 1969 Session Laws.
(11) One member of a lakehomeowner's association located on the Catawba/Wateree River whose membersreside in South Carolina, to be appointed by the President Pro Tempore of theSouth Carolina Senate.
(b) The Yadkin/Pee DeeRiver Basin Advisory Commission shall be composed of 15 members as follows:
(1) Two members of theNorth Carolina House of Representatives whose districts include a part of theNorth Carolina portion of the river basin, to be appointed by the Speaker ofthe North Carolina House of Representatives.
(2) Two members of theNorth Carolina Senate whose districts include a part of the North Carolinaportion of the river basin, to be appointed by the President Pro Tempore of theNorth Carolina Senate.
(3) Two members of theSouth Carolina House of Representatives, to be appointed by the Speaker of theSouth Carolina House of Representatives.
(4) Two members of theSouth Carolina Senate, to be appointed by the President Pro Tempore of theSouth Carolina Senate.
(5) One person fromSouth Carolina representing a water or sewer municipal utility to be appointedby the South Carolina legislative members of the Commission.
(6) One person fromSouth Carolina representing the agricultural community to be appointed by theSouth Carolina legislative members of the Commission.
(7) One person from awater or sewer municipal utility, appointed by the Governor of North Carolina.
(8) The President ofProgress Energy or the President's designee.
(9) The President ofAlcoa Power Generating, Inc., (APGI) or the President's designee.
(10) The President ofWeyerhaeuser or the President's designee.
(11) A representative ofthe land development industry, whose organization does business within theYadkin/Pee Dee River Basin and who shall be appointed by the Chair of theCommission.
(c) Each memberappointed to the commissions pursuant to subdivisions (1) and (2) ofsubsections (a) and (b) of this section shall serve at the pleasure of theappointing authority so long as the member remains a Representative or Senator.Each member appointed to the commissions pursuant to subdivisions (3) and (4)of subsections (a) and (b) of this section shall serve as provided by the GeneralAssembly of South Carolina. Each member appointed to the commissions pursuantto subdivisions (7) through (9) of subsection (a) and subdivisions (8) through(10) of subsection (b) of this section shall serve for so long as the membercontinues in the qualifying position or, if the member is a designee, at thepleasure of the designating authority. Each member appointed to the commissionspursuant to subdivisions (6) and (10) of subsection (a) and subdivisions (7)and (11) of subsection (b) of this section shall serve a term of two years andmay be reappointed to serve no more than three consecutive full terms or 84consecutive months, whichever is greater. The term of a person appointed to thecommission pursuant to subdivision (10) of subsection (a) of this section shallexpire on 1 January of even‑numbered years. The term of a personappointed to the commission pursuant to subdivision (6) of subsection (a) ofthis section shall expire on 1 January of odd‑numbered years. The term ofa member who is appointed to the commissions pursuant to subdivisions (5) and(11) of subsection (a) and subdivisions (5) and (6) of subsection (b) of thissection shall serve as provided by the General Assembly of South Carolina. Anappointment to fill a vacancy on the commissions shall be for the unexpiredportion of the term. A vacancy on the commissions shall be filled in the samemanner as the original appointment. Members of the commissions who areappointed from or reside in North Carolina may be removed by the Governor ofNorth Carolina for misfeasance, malfeasance, or nonfeasance, as provided inG.S. 143B‑13.
(d) The legislativemembers of each commission may appoint additional members to the commission toserve as advisory members as the legislative members consider necessary.
(e) The members of eachcommission shall elect a Chair, Vice‑Chair, and any other officers theyconsider necessary and shall determine the length of the term of office, not toexceed two years, of each officer. The Chair and the Vice‑Chair shall notbe from the same state and the Chair shall be rotated between the State ofNorth Carolina and the State of South Carolina.
(f) Each commissionshall meet upon the call of the Chair. A majority of each commission shallconstitute a quorum for the transaction of business.
(g) The legislativemembers of the commissions from each state may meet separately to discuss riverbasin‑related issues affecting their state and may report their findingsindependently of the commissions. (2004‑83, s. 1; 2005‑37, s. 1.)