FILED SENATE
Apr 3, 2023
GENERAL ASSEMBLY OF NORTH CAROLINA
S.B. 512
SESSION 2023 PRINCIPAL CLERK
S D
SENATE BILL DRS15226-MH-33A
Short Title: Greater Accountability for Boards/Commissions. (Public)
Sponsors: Senators Daniel, Rabon, and Berger (Primary Sponsors).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO INCREASE THE ACCOUNTABILITY OF PUBLIC BOARDS AND
3 COMMISSIONS TO THE CITIZENS OF NORTH CAROLINA BY CHANGING THE
4 APPOINTMENT STRUCTURE OF THOSE BOARDS AND COMMISSIONS.
5 The General Assembly of North Carolina enacts:
6
7 PART I. UTILITIES COMMISSION
8 SECTION 1.(a) The North Carolina Utilities Commission created under G.S. 62-10
9 is transferred to the Department of State Treasurer. This transfer has all of the elements of a Type
10 II transfer, as described in G.S. 143A-6. The Commission shall be administratively located within
11 the Department of State Treasurer but shall exercise all its prescribed statutory powers
12 independently of the Department of State Treasurer.
13 SECTION 1.(b) G.S. 62-10 reads as rewritten:
14 "§ 62-10. Number; appointment; terms; qualifications; chairman; vacancies;
15 compensation; other employment prohibited.
16 (a) The North Carolina Utilities Commission shall consist of seven commissioners who
17 shall be nine commissioners who shall be appointed as follows: four by the Governor, two by the
18 General Assembly, upon recommendation of the Speaker of the House of Representatives in
19 accordance with G.S. 120-121, two by the General Assembly, upon recommendation of the
20 President Pro Tempore of the Senate in accordance with G.S. 120-121, and one by the State
21 Treasurer. Each commissioner shall serve for a term of six years commencing on July 1 of the
22 year in which the predecessor term expired and ending on July 1 of the sixth year thereafter.
23 Commissioners appointed by the Governor and State Treasurer are subject to confirmation by
24 the General Assembly by joint resolution. The names of commissioners to be appointed by the
25 Governor and State Treasurer shall be submitted by the Governor and State Treasurer to the
26 General Assembly for confirmation by the General Assembly on or before May 1, of the year in
27 which the terms for which the appointments are to be made are to expire. Upon failure of the
28 Governor or State Treasurer to submit names as herein provided, the Lieutenant Governor
29 President Pro Tempore and Speaker of the House jointly shall submit the names of a like number
30 of commissioners to the General Assembly on or before May 15 of the same year for confirmation
31 by the General Assembly. Regardless of the way in which names of commissioners are submitted,
32 confirmation of commissioners must be accomplished prior to adjournment of the then current
33 session of the General Assembly. This subsection shall be subject to the provisions of subsection
34 (c) of this section.
35 (b) The terms of the commissioners now serving shall expire at the conclusion of the term
36 for which they were appointed which shall remain as before with two regular eight-year terms
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 General Assembly Of North Carolina Session 2023
1 expiring on July 1 of each fourth year after July 1, 1965, and the fifth term expiring on July 1 of
2 each eighth year after July 1, 1963. The terms of office of utilities commissioners thereafter shall
3 be six years commencing on July 1 of the year in which the predecessor terms expired, and ending
4 on July 1 of the sixth year thereafter.
5 (c) In order to increase the number of commissioners to seven, the names of two
6 additional commissioners shall be submitted to the General Assembly on or before May 27, 1975,
7 for confirmation by the General Assembly as provided in G.S. 62-10(a). The commissioners so
8 appointed and confirmed shall serve new terms commencing on July 1, 1975, one of which shall
9 be for a period of two years (with the immediate successor serving for a period of six years), and
10 one of which shall be for a period of two years.
11 Thereafter, the terms of office of the additional commissioners shall be for six years as
12 provided in G.S. 62-10(b).
13 (d) A commissioner in office shall continue to serve until his successor is duly confirmed
14 and qualified but such holdover shall not affect the expiration date of such succeeding term.
15 (e) On July 1, 1965, and every four three years thereafter, one of the commissioners shall
16 be designated by the Governor to serve as chairman of the Commission for the succeeding four
17 three years and until his successor is duly confirmed and qualifies. Upon death or resignation of
18 the commissioner appointed as chairman, the Governor shall designate the chairman from the
19 remaining commissioners and appoint a successor as hereinafter provided to fill the vacancy on
20 the Commission.
21 (f) In case of death, incapacity, resignation or vacancy for any other reason in the office
22 of any commissioner appointed by the Governor or State Treasurer prior to the expiration of his
23 the commissioner's term of office, the name of his successor shall be submitted by the Governor
24 within four weeks after the vacancy arises to the General Assembly for confirmation by the
25 General Assembly. the name of the successor shall be submitted to the General Assembly by the
26 appointing authority within four weeks after the vacancy arises for confirmation by the General
27 Assembly. As used in this section, the term "appointing authority" means the Governor in the
28 case of commissioners appointed by the Governor and the State Treasurer in the case of
29 commissioners appointed by the State Treasurer. Upon failure of the Governor or State Treasurer
30 to submit the name of the successor, the Lieutenant Governor President Pro Tempore and Speaker
31 of the House jointly shall submit the name of a successor to the General Assembly within six
32 weeks after the vacancy arises. Regardless of the way in which names of commissioners are
33 submitted, confirmation of commissioners must be accomplished prior to the adjournment of the
34 then current session of the General Assembly. In case of death, incapacity, resignation, or
35 vacancy for any other reason in the office of any commissioner appointed by the General
36 Assembly prior to the expiration of the commissioner's term of office, the vacancy shall be filled
37 as provided in G.S. 120-122.
38 (g) If a vacancy arises or exists pursuant to either subsection (a) or (c) or (f) of this section
39 when the General Assembly is not in session, and the appointment is deemed urgent by the
40 Governor, the commissioner may be appointed and serve on an interim basis pending
41 confirmation by the General Assembly; provided, however, no person may be appointed to serve
42 on an interim basis pending confirmation by the General Assembly if the person was subject to
43 but not confirmed by the General Assembly within the preceding four years. The limitation on
44 appointment contained in this subsection includes, among other things, unfavorable action on a
45 joint resolution for confirmation, such as the resolution failing on any reading in either chamber
46 of the General Assembly, and failure to ratify a joint resolution for confirmation prior to
47 adjournment of the then current session of the General Assembly.
48 …."
49 SECTION 1.(c) In order to increase the number of commissioners to nine, two
50 additional commissioners shall be appointed to serve an initial term of four years as follows: one
51 by the General Assembly, upon recommendation of the Speaker of the House of Representatives
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1 in accordance with G.S. 120-121, whose term shall commence July 1, 2023, and expire June 30,
2 2027, and one by the General Assembly, upon recommendation of the President Pro Tempore of
3 Senate in accordance with G.S. 120-121, whose term shall commence July 1, 2023, and expire
4 June 30, 2027. Upon the expiration of the initial terms described in this subsection, the additional
5 commissioners appointed shall each serve a term of six years as provided in G.S. 62-10(a), as
6 amended in Section 1(b) of this act.
7 SECTION 1.(d) The terms of the commissioners now serving shall expire at the
8 conclusion of the term for which they were appointed. Upon the expiration of the terms of the
9 commissioners now serving, appointments to the Commission shall be made as follows:
10 (1) For the three terms expiring June 30, 2023, one commissioner shall be
11 appointed by the Governor, one by the General Assembly, upon the
12 recommendation of the Speaker of the House of Representatives in
13 accordance with G.S. 120-121, and one by the General Assembly, upon
14 recommendation of the President Pro Tempore of the Senate in accordance
15 with G.S. 120-121.
16 (2) For the three terms expiring June 30, 2025, two commissioners shall be
17 appointed by the Governor and one by the State Treasurer.
18 (3) For the term expiring June 30, 2027, one commissioner shall be appointed by
19 the Governor.
20 SECTION 1.(e) G.S. 143B-433 reads as rewritten:
21 "§ 143B-433. Department of Commerce – organization.
22 The Department of Commerce shall be organized to include:
23 (1) The following agencies:
24 a. Repealed by Session Laws 2014-100, s. 15.2A(c), effective October 1,
25 2014.
26 b. The North Carolina Utilities Commission.
27 …."
28
29 PART II. ECONOMIC INVESTMENT COMMITTEE
30 SECTION 2.1.(a) G.S. 143B-437.54 reads as rewritten:
31 "§ 143B-437.54. Economic Investment Committee established.
32 (a) Membership. – The Economic Investment Committee is established. The Committee
33 consists of the following members:
34 (1) The Secretary of Commerce.
35 (2) The Secretary of Revenue.
36 (3) The Director of the Office of State Budget and Management.
37 (4) One member appointed by the General Assembly upon the recommendation
38 of the Speaker of the House of Representatives.
39 (5) One member appointed by the General Assembly upon the recommendation
40 of the President Pro Tempore of the Senate.
41 (6) The Speaker of the House of Representatives or a designee of the Speaker.
42 (7) The President Pro Tempore of the Senate or a designee of the President Pro
43 Tempore.
44 The members of the Committee appointed by the General Assembly may not be members of
45 the General Assembly. The members of the Committee appointed by the General Assembly serve
46 two-year terms that begin upon appointment. The other members, who are ex officio members
47 or designees of those members, shall serve until they are no longer in office or are replaced with
48 another designee.
49 (b) Decision Required. – The Committee may act only upon a decision of three of its five
50 a majority of its members.
51 …."
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 General Assembly Of North Carolina Session 2023
1 SECTION 2.1.(b) G.S. 120-123(76) is repealed.
2 SECTION 2.1.(c) This section is effective when it becomes law.
3
4 PART III. ENVIRONMENTAL MANAGEMENT COMMISSION
5 SECTION 3.1.(a) G.S. 143B-283 reads as rewritten:
6 "§ 143B-283. Environmental Management Commission – members; selection; removal;
7 compensation; quorum; services.
8 (a) Repealed by Session Laws 2013-360, s. 14.23(a), effective July 1, 2013.
9 (a1) Composition. – The Environmental Management Commission shall consist of 15
10 members as follows:
11 (1) One appointed by the Governor who shall be a licensed physician.
12 (2) One appointed by the Governor who shall at the time of appointment have
13 special training or scientific expertise in hydrology, water pollution control,
14 or the effects of water pollution.
15 (3) One appointed by the Governor who shall at the time of appointment have
16 special training or scientific expertise in hydrology, water pollution control,
17 or the effects of water pollution.
18 (4) One appointed by the Governor who shall at the time of appointment have
19 special training or scientific expertise in air pollution control or the effects of
20 air pollution.
21 (5) One appointed by the Governor Commissioner of Agriculture who shall at the
22 time of appointment be actively connected with or have had experience in
23 agriculture.
24 (6) One appointed by the Governor who shall at the time of appointment have
25 special training and scientific expertise in freshwater, estuarine, marine
26 biological, or ecological sciences or be actively connected with or have had
27 experience in the fish and wildlife conservation activities of the State.
28 (7) One appointed by the Governor who shall at the time of appointment be
29 actively employed by, or recently retired from, an industrial manufacturing
30 facility and shall be knowledgeable in the field of industrial pollution control.
31 (8) One appointed by the Governor who shall at the time of appointment be a
32 licensed engineer with specialized training and experience in water supply or
33 water or air pollution control.
34 (9) One appointed by the Governor Commissioner of Agriculture who shall serve
35 at large.
36 (10) One appointed by the General Assembly upon recommendation of the Speaker
37 of the House of Representatives in accordance with G.S. 120-121 who shall
38 serve at large.
39 (11) One appointed by the General Assembly upon recommendation of the Speaker
40 of the House of Representatives in accordance with G.S. 120-121 who shall
41 serve at large.
42 (12) One appointed by the General Assembly upon recommendation of the Speaker
43 of the House of Representatives in accordance with G.S. 120-121 who shall
44 serve at large.
45 (13) One appointed by the General Assembly upon recommendation of the
46 President Pro Tempore of the Senate in accordance with G.S. 120-121 who
47 shall serve at large.
48 (14) One appointed by the General Assembly upon recommendation of the
49 President Pro Tempore of the Senate in accordance with G.S. 120-121 who
50 shall serve at large.
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1 (15) One appointed by the General Assembly upon recommendation of the
2 President Pro Tempore of the Senate in accordance with G.S. 120-121 who
3 shall serve at large.
4 (b) Filling of Vacancies. – Any appointment to fill a vacancy on the Commission created
5 by the resignation, dismissal, death or disability of a member shall be for the balance of the
6 unexpired term. The Governor may reappoint a member of the Commission to an additional term
7 if, at the time of the reappointment, the member qualifies for membership on the Commission
8 under subdivisions (1) through (9) subdivision (1), (2), (3), (4), (6), (7), or (8) of subsection (a1)
9 of this section. The Commissioner may reappoint a member of the Commission to an additional
10 term if, at the time of the reappointment, the member qualifies for membership on the
11 Commission under subdivision (5) or (9) of subsection (a1) of this section. Appointments by the
12 General Assembly shall be made in accordance with G.S. 120-121, and vacancies in those
13 appointments shall be filled in accordance with G.S. 120-122.
14 (b1) The Governor shall have the power to Removal of Members. – Each appointing
15 authority may remove any member of the Commission appointed by that appointing authority
16 from office for misfeasance, malfeasance, or nonfeasance in accordance with the provisions of
17 G.S. 143B-13 of the Executive Organization Act of 1973.nonfeasance.
18 (b2) Per Diem and Expenses. – The members of the Commission shall receive per diem
19 and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.
20 (b3) Quorum. – A majority of the Commission shall constitute a quorum for the transaction
21 of business.
22 (b4) Administrative Support. – All clerical and