NC Register Volume 16 Issue 15 - Office of Administrative Hearings

(l) Six members from non-profit agenciesconcerned with housing issues and serviceprovision to the homeless.(m)(n)(o)(p)One homeless or formerly homeless person.Two members from the private sector.Three members of the North Carolina Senate.Three members of the North Carolina Houseof Representatives.EXECUTIVE ORDERSThe Office of Economic Opportunity of the Departmentof Health and Human Services shall provide administrative andstaff support services required by the Interagency Council.This Executive Order is effective immediately and shallremain in effect until rescinded. Done in the Capital City ofRaleigh, North Carolina, the 28 th day of November 2001.___________________________________Michael F. EasleyGovernorATTEST:Section 3. Chair and Terms of MembershipEach appointment shall be for a term of 3 years. (Initialterms of membership for the other members of the InteragencyCouncil shall be staggered with those members from statedepartments or agencies and the North Carolina GeneralAssembly serving three year terms and other members servingtwo year terms. Each appointment thereafter shall be for a termof two years.)Section 4. MeetingsThe Interagency Council shall meet quarterly and at othertimes at the call of the Chair or upon written request of at leastfive (5) of its members.Section 5. Functions___________________________________Elaine F. MarshallSecretary of StateEXECUTIVE ORDER NO. 15TO ESTABLISH THE HEAVY DUTY DIESELRULE EFFECTIVE DATEWHEREAS, North Carolina has participated in a multi-stateinitiative to prevent excess emissions from heavy-duty dieselengines; andWHEREAS, on October 11, 2001, the EnvironmentalManagement Commission adopted Heavy Duty Diesel EngineRequirements at 15A NCAC 2D .1008, and on November 15,2001, the permanent rule was approved by the Rules ReviewCommission; and(a)(b)The Interagency Council shall advise theGovernor and Secretary of the Department ofHealth and Human Services on issues relatedto the problems of persons who are homelessor at risk of becoming homeless, identify andsecure available resources throughout the Stateand nation and provide recommendations forjoint and cooperative efforts and policyinitiatives in carrying out programs to meet theneeds of the homeless.The Interagency Council shall set short-termand long-term goals and determine yearlypriorities.WHEREAS, the rule serves to fill a two-year gap in federalrequirements for the use of supplemental test procedures forcertification of heavy-duty diesel engines with emissionstandards at the manufacturing stage; andWHEREAS, without the gap-filling rule, excess NOxemissions would be produced over the life of any enginesproduced during the gap model years – 2005 and 2006,contributing unnecessarily to North Carolina’s challengingozone problems; andWHEREAS, the standard effective date of the permanentrule under the Administrative Procedures Act, N.C.G.S. 150B-1et seq, would be July 1, 2002, at the earliest; and(c)Section 6. ExpensesThe Interagency Council shall submit anannual report to the Governor, by November 1,on its accomplishments and the status ofhomelessness in North Carolina.Council administrative costs, special function expensesand the cost of member per diem, travel and subsistenceexpenses shall be paid from state funds appropriated to theDepartment of Health and Human Services.Section 7. Staff Assistance16:15 NORTH CAROLINA REGISTER February 1, 20021640WHEREAS, for the rule to apply to any particular modelyear, it must be effective two years prior to the commencementof that model year, the standard effective date would not allowthe permanent rule to achieve its intended NOx reductions forthe motor vehicle model year 2005; andWHEREAS, the Administrative Procedures Act authorizesthe Governor, by Executive Order, to make effective apermanent rule upon finding that it is necessary to protect publichealth, safety and welfare.NOW, THEREFORE, by the power vested in me asGovernor by the Constitution and laws of the State of NorthCarolina, IT IS ORDERED: