Regulatory Review Underway
By Sarah Williams, Pine Knoll Shores Deputy Clerk
Pursuant to the Regulatory Reform Act of 2013, the Rules Review Commission (RRC),
a.10-member executive agency created by the North Carolina General Assembly in 1986
for the purpose of reviewing and approving rules adopted by state agencies, has announced
its timeline for the biggest regulatory review in the history of North Carolina. Though
given 10 years to review thousands of rules, the commission has set a five-year schedule
for completion of its work. Rules will be examined to ensure that they were passed in
compliance with state laws, using proper procedures, and that they are still appropriate and
necessary. Members of the RRC are appointed by the General Assembly.
The rules review process is as follows:
1. Issuing agencies conduct an analysis of existing rules to determine if they are:
• Necessary with substantive public interest (any rule for which the agency has received
public comment in the last two years; this also applies if the rule affects the property
interest of the regulated public and the agency knows or suspects that any person
may object to the rule), a determination which would require the board or agency
to readopt the rule;
• Necessary without substantive public interest (any rule that has not received public
comment in the last two years), a determination which would allow the rule to
remain in place as is;
• Unnecessary (any rule determined to be obsolete, redundant or not needed), a.
determination which would cause the rule to expire.
2. Public comment period
As agencies begin their review, a 60-day public comment period will be open. At this
stage, citizens can offer their input on certain rules. If you are interested in a certain
category, the best course of action would be to ask to join the particular agency’s listserv.
The listserv is an email address list to which updates will be sent (similar to the emails you
receive from the town).
3. Agency determinations are sent to the Rules Review Commission.
After review of the agency finding and any public comment, the RRC issues a
determination on the rule in the same categories as those used by the agency, with the
associated recommendations.
4. The RRC sends a report to the Joint Legislative Administrative Procedure Oversight
Committee.
The committee may take one of three actions:
• If the committee reviews the determination of the RRC and agrees, it becomes
effective on the date of the committees review (Rules that are deemed unnecessary
will expire on the first day of the month following the committees review.);
• If the committee does not review the RRC s determination, it becomes effective on
day 61;
• If the committee disagrees with the RRC’s determination, it may recommend that
the General Assembly direct a rule review.
Rules that are required by federal law will not expire.
Of importance to cities and towns, the majority of the rules that regulate water,
wastewater and stormwater services were promulgated by the North Carolina Environmental
Management Commission (EMC). The legislature chose many of these water quality rules as
the first group of rules queued up to receive a review, and the EMC already categorized 375
of those rules as “necessary with substantive public interest” last month.
If the RRC agrees with the EMC’s determination—and the Joint Legislative
Administrative Procedure Oversight Committee refuses its opportunity to make a different
judgment—the EMC will begin the lengthy task of re-adopting all 375 of those rules, likely
beginning this fall.
The town staff will continue to follow the RRC closely and stay in contact with the North
Carolina League of Municipalities; they are closely monitoring this regulatory review—and
their research was very helpful in sorting through the details to write this article. Again, if
there are rules that you are concerned about, be sure to join the agency’s listserv so that you
can follow them and know when the public comment opens. This process will really get
started next year.
Of note to coastal towns, the following are on the calendar:
• December 2015: Coastal Area Management Act (CAMA) land use planning
• January 2018: CAMA
• December 2018: State participation in beach renourishment projects.
To read more about these rules, visit the N.C. Administrative Code online at
http://reports.oah;state.nc.us/ncac.asp.
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