RRC Meeting Agenda February 2023

Members of the public may submit written comments or sign up to speak at an RRC meeting. Please remember the RRC may only consider comments based upon statutory authority, clarity, necessity, and compliance with the APA as required by G.S. 150B-21.9. 

1. To submit comments on a permanent rule, email comments to rrc.comments@oah.nc.gov and copy the agency’s Rulemaking Coordinator on the email. The deadline to submit comments for this meeting is February 9, 2023.  For additional information, please see 26 NCAC 05 .0103. 
2. To submit comments on a temporary rule, email comments to rrc.comments@oah.nc.gov and copy the agency’s Rulemaking Coordinator on the email. The deadline to submit comments for this meeting is February 15, 2023.  For additional information, please see 26 NCAC 05 .0104. 
3. To speak for or against a rule during an RRC meeting, please email the staff attorney handling the rule requesting to speak and stating whether you will speak in favor of or in opposition to the rule.  Staff attorney assignments are noted next to rules on the agenda below and contact information can be found here. The deadline to sign up to speak regarding a permanent rule is February 14, 2023 and the deadline to speak regarding a temporary rule is February 16, 2023. For additional information, please see 26 NCAC 05 .0105.

The Chair may choose to waive submission deadlines in accordance with the factors in 26 NCAC 05 .0112.

AGENDA
RULES REVIEW COMMISSION
Thursday, February 16, 2023 9:00 A.M.

The Commission will meet in-person at 1711 New Hope Church Rd., Raleigh, NC 27609.

WebEx Conference Link 

Event Password: 1234
Audio Conference: +1-415-655-0003 Access code: 2424 904 2315

1. Ethics reminder by the chair as set out in G.S. 138A-15
2. Approval of the minutes from the last meeting
3. Follow-up matters
   1. Medical Care Commission  10A NCAC 13B .3801, .3903, .4103, .4104, .4106, .4305, .4603, .4801, .4805, .5102, .5105, .5406, .5408, .5411 (Liebman) No Action
      • Letter of Objection from August meeting
        Communication with agency Updated 1/15/2023
        Original Submission of Rules for RRC review
           Prior action on these Rules*
   2. Medical Care Commission - 10A NCAC 13F .0904; 13G .0904 (Duke) 
      • Final Revised Rules for RRC Review
        Letter of Extension to Period of Review from December meeting
        Communication with agency Updated 01/30/2023
        Original Submission of Rules for RRC review
           Prior action on these Rules*
           
   3. Department of Public Safety - 14B NCAC 03 .0401, .0402, .0403, .0404, .0405, .0406, .0407, .0408, .0409, .0410 (Liebman) No Action
      • Letter of Extension to Period of Review from January meeting
        Communication with agency Updated 2/13/2023
        Original Submission of Rules for RRC review
           Prior action on these Rules*

   4. Department of Environmental Quality - 15A NCAC 01E .0101, .0102, .0103, .0104, .0105, .0106, .0107, .0108, .0109, .0110, .0111, .0112, .0113, .0114, .0115 (Duke) No Action

      • Letter of Extension to Period of Review from January meeting   
        Communication with agency
        Original Submission of Rules for RRC review
           Prior action on these Rules*

   5. Environmental Management Commission - 15A NCAC 02B .0208, .0212, .0214, .0215, .0216, .0218 (Duke) No Action
      • Letter returning rules to the agency   
        Agency Request to Return Rules -  15A NCAC 02B .0208, .0212, .0214, .0215, .0216, .0218
        Letter of Objection from May meeting
        Communication with agency 
        Original Submission of Rules for RRC review
          Public Comments in Opposition Updated 2/10/2023 (See Prior action on these Rules for past comments)     
          Request to Speak 
            Prior action on these Rules*
   6. Environmental Management Commission - 15A NCAC 02E .0401, .0402, .0403, .0404, .0405, .0406, .0407, .0408, .0409 (Duke) 
      • Final Revised Rules for RRC Review
        Letter of Extension to Period of Review from December meeting
        Communication with agency Updated 2/14/2023
        Original Submission of Rules for RRC review
           Prior action on these Rules*
   7. Environmental Management Commission - 15A NCAC 02H .1301, .1401, .1402, .1403, .1404, .1405 (Liebman) No Action
      • Letter of Objection from May meeting
        Communication with agency 
        Original Submission of Rules for RRC review
           Prior action on these Rules*
   8. Coastal Resources Commission - 15A NCAC 07H .0501,.0502,. 0503, .0505, .0506, .0507, .0508, .0509, .0510; 07I .0406, .0506, .0508, .0511, .0702; 07J .0203, .0204, .0206, .0207, .0208, .0312 (Liebman) 
      • Final Revised Rules for RRC Review
        Staff Opinions - Updated 2/14/2023 (See prior agenda for past staff opinions)
           Remaining Objections and Staff Opinions rule list
        Letter of Objection from September meeting
        Communication with agency Updated 1/18/2023 
        Original Submission of Rules for RRC review
           Public comments in support 
           Prior action on these Rules*
        • These memos cover rules in follow up matters for the Coastal Resources Commission Tabs H, I, and J
          Memo - Policy and Rules
          Memo - Significant Adverse Impact
          Memo - Necessity
           
   9. Coastal Resources Commission - 15A NCAC 07H .2305 (Duke) 
      • Final Revised Rules for RRC Review
        Letter of Objection from September meeting
        Communication with agency Updated 11/23/2022
        Original Submission of Rules for RRC review
           Public comments in support 
           Prior action on these Rules*
   10. Coastal Resources Commission – 15A NCAC 07M .0201, .0202, .0401, .0402, .0403, .0701, .0703, .0704, .1001, .1002, .1101, .1102 (Peaslee) 
       • Letter of Continued Objection from February meeting
         Final Revised Rules for RRC Review
         Staff Opinions - Updated 2/14/2023 (See prior agenda for past staff opinions)
            Remaining Objections and Staff Opinions rule list
         Letter of Objection from September meeting
         Communication with agency Updated 2/10/2023 
         Original Submission of Rules for RRC review
            Public comments in support 
            Prior action on these Rules*
   11. Wildlife Resources Commission - 15A NCAC 10F .0201 (Duke) 
       • Final Revised Rules for RRC Review  
         Letter of Extension to Period of Review from December meeting
         Communication with agency Updated 1/23/2023   
         Original Submission of Rules for RRC review
            Prior action on these Rules*
   12. TSERS and LGERS Board of Trustees -  20 NCAC 02A .0101, .0102, .0103, .0104, .0201, .0202, .0301, .0302, .0303, .0401, .0503, .0504, .0505 (Liebman) 
       • Final Revised Rules for RRC Review
         Letter of Extension to Period of Review from December meeting
         Communication with agency Updated 2/9/2023
         Original Submission of Rules for RRC review
            Prior action on these Rules*
   13. TSERS Board of Trustees -  20 NCAC 02B .0101, .0202, .0210, .0211, .0213, .0301, .0302, .0303, .0304, .0305, .0307, .0308, .0401, .0402, .0404, .0405, .0501, .0502, .0503, .0504, .0510, .0701, .0706, .0801, .0802, .0803, .0804, .0805, .0806, .0807, .0810, .0901, .0902, .0903, .0904, .0905, .0906, .1003, .1004, .1005, .1006, .1007, .1101, .1102, .1104, .1204, .1205, .1207 (Liebman) 
       • Final Revised Rules for RRC Review
         Letter of Extension to Period of Review from December meeting
         Communication with agency Updated 2/9/2023 
         Original Submission of Rules for RRC review
            Prior action on these Rules*
   14. LGERS Board of Trustees - 20 NCAC 02C .0101, .0201, .0204, .0205, .0301, .0302, .0303, .0304, .0306, .0307, .0402, .0403, .0404, .0405, .0501, .0502, .0503, .0504, .0704, .0901, .0902, .0904, .0906, .0907, .0908, .0909, .1001, .1002, .1003, .1004, .1006, .1007, .1201, .1301, .1302, .1501, .1503, .1504, .1505, .1506 (Liebman) 
       • Final Revised Rules for RRC Review
         Letter of Extension to Period of Review from December meeting
         Communication with agency Updated 2/9/2023
         Original Submission of Rules for RRC review
            Prior action on these Rules*
   15. TSERS Board of Trustees – 20 NCAC 02F .0101, .0104, .0107, .0108 (Duke) 
       • Final Revised Rules for RRC Review
         Letter of Extension to Period of Review from December meeting
         Communication with agency
         Original Submission of Rules for RRC review
            Prior action on these Rules*
   16. TSERS Board of Trustees - 20 NCAC 02L .0101, .0103, .0202, .0302; 02M .0101, .0102, .0104, .0201, .0202, .0206, .0301, .0302, .0303, .0304, .0305, .0307  (Duke) 
       • Final Revised Rules for RRC Review
         Letter of Extension to Period of Review from December meeting
         Communication with agency Updated 2/9/2023
         Original Submission of Rules for RRC review
            Prior action on these Rules*
   17. LGERS Board of Trustees - 20 NCAC 02N .0106, .0108, .0208, .0215, .0218, .0219 (Duke) 
       • Final Revised Rules for RRC Review
         Letter of Extension to Period of Review from December meeting
         Communication with agency
         Original Submission of Rules for RRC review
            Prior action on these Rules*
   18. Board of Examiners for Engineers and Surveyors - 21 NCAC 56 .0303, .0601, .0608, .1702, .1703, .1704, .1705, .1707, .1713 (Peaslee) 

       • Final Revised Rules for RRC Review   
         Letter of Extension to Period of Review from December meeting
         Communication with agency Updated 2/6/2023
         Original Submission of Rules for RRC review
            Prior action on these Rules*

4. Review of Log of Filings (Permanent Rules) for rules filed December 21, 2022 through January 20, 2023
   Completed forms for Submission for Permanent Rule 
   • Department of Labor (Peaslee)
     Final Revised Rules for RRC Review
     Communication with agency Updated 2/9/2023
     Original Submission of Rules for RRC review
   • Environmental Management Commission (Duke)
     Agency request to withdraw
     Request for Changes Pursuant to G.S. 150B-21.10
     Communication with agency Updated 2/14/2023
     Original Submission of Rules for RRC review
   • State Board of Education (Liebman)
     Letter of Extension to Period of Review from February meeting   
     Request for extension of the period of review  
     Request for Changes Pursuant to G.S. 150B-21.10
     Communication with agency Updated 2/14/2023
     Original Submission of Rules for RRC review
   • Board of Examiners of Electrical Contractors (Ascher)
     Final Revised Rules for RRC Review  
     Request for Changes Pursuant to G.S. 150B-21.10
     Communication with agency Updated 2/9/2023 
     Original Submission of Rules for RRC review 
   • Board of Examiners in Optometry (Duke)
     Final Revised Rules for RRC Review    
     Request for Changes Pursuant to G.S. 150B-21.10
     Communication with agency Updated 2/14/2023
     Original Submission of Rules for RRC review
   • Board of Pharmacy (Peaslee)
     Final Rule for RRC Review
   • Board of Examiners of Plumbing, Heating and Fire Sprinkler Contractors (Ascher)
     Final Revised Rules for RRC Review  
     Request for Changes Pursuant to G.S. 150B-21.10
     Communication with agency 
     Original Submission of Rules for RRC review 
   • Building Code Council (Liebman)
     Final Revised Rules for RRC Review
     Agency request to withdraw Rules
     Request for Changes Pursuant to G.S. 150B-21.10
     Communication with agency 
     Original Submission of Rules for RRC review
5. Review of Log of Filings (Temporary Rules) for any rule filed within 15 business days prior to the RRC Meeting 
   • Building Code Council - 2018 NC Residential Code: N1103.3.1; 2018 NC Energy Conservation Code: R403.3.1; 2018 Energy Conservation Code: C403.2.9 (Liebman)
     Final Revised Rules for RRC Review  
     Request for Changes Pursuant to G.S. 150B-21.10
     Communication with agency
     Original Submission of Rules for RRC review 
6. Existing Rule Review
7. Commission Business
   •  Delayed Effective Dates for 15A NCAC 02D .0535 and .0545

• Next meeting: March 16, 2023

Comments and Objections submitted electronically shall be sent to rrc.comments@oah.nc.gov.