§ 143B-318. Small Business Environmental Advisory Panel - members; chair; selection; removal; compensation; quorum; services.
§ 143B‑318. Small Business EnvironmentalAdvisory Panel members; chair; selection; removal; compensation; quorum;services.
(a) The Small Business Environmental Advisory Panel shallconsist of two members who are not owners or representatives of owners of smallbusiness stationary sources, appointed by the Governor to represent the generalpublic; two members appointed one each by the Speaker and the minority leaderof the House of Representatives, and who are owners, or who represent owners,of small business stationary sources; two members appointed one each by thePresident Pro Tempore and the minority leader of the Senate, who are owners, orwho represent owners, of small business stationary sources; and one memberappointed by the Secretary of Environment and Natural Resources.
(b) The Governor shall designate one member of the Panel toserve as chair at the pleasure of the Governor.
(c) Members shall serve staggered terms of four years. In orderto achieve staggered terms, the Speaker and the minority leader of the House ofRepresentatives shall initially appoint members for terms of two years, thePresident Pro Tempore and the minority leader of the Senate shall initiallyappoint members for terms of three years. At the end of the respective terms ofoffice of the initial members, their successors shall be appointed for terms offour years and until their successors are appointed and qualify. Anyappointment to fill a vacancy on the Panel created by the resignation,dismissal, death or disability of a member shall be for the balance of theunexpired term.
(d) The Governor shall have the power to remove any member ofthe Panel from office for misfeasance, malfeasance or nonfeasance in accordancewith the provisions of G.S. 143B‑16.
(e) The members of the Panel shall receive per diem andnecessary travel and subsistence expenses in accordance with the provisions ofG.S. 138‑5.
(f) A majority of the Panel shall constitute a quorum for thetransaction of their business.
(g) The Secretary of Environment and Natural Resources shalldesignate an office within the Department of Environment and Natural Resourcesto serve as ombudsman for the Small Business Stationary Source Technical andEnvironmental Compliance Assistance Program established by the Department pursuantto section 507 of Title V of the 1990 amendments to the federal Clean Air Act(Pub. L. 101‑549, 104 Stat. 2645, 42 U.S.C. § 7661f(a)(3)). The SmallBusiness Stationary Source Technical and Environmental Compliance AssistanceProgram shall serve as the secretariat for the development and dissemination ofreports and advisory opinions issued by the Panel. The Panel and the ombudsmanshall exercise their powers consistent with G.S. 143B‑14(b).
(h) All clerical and other services required by the Panel shallbe supplied by the Secretary of Environment and Natural Resources. (1973, c. 1262, s. 62; 1977, c. 771, s. 4; 1989, c. 727, s. 218(144);1991, c. 552, s. 7; 1993, c. 400, s. 1(d); 1997‑443, s. 11A.119(a); 2001‑474,s. 33; 2005‑386, s. 8.2.)