AN ACT to make science‑based rulemaking more open, transparent, and available for citizen review.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 150B‑21.2 reads as rewritten:

§ 150B‑21.2.  Procedure for adopting a permanent rule.

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(c)        Notice of Text. – A notice of the proposed text of a rule must include all of the following:

(1)        The text of the proposed rule, unless the rule is a readoption without substantive changes to the existing rule proposed in accordance with G.S. 150B‑21.3A.

(2)        A short explanation of the reason for the proposed rule.

(2a)      A link to the agency's Web site containing the information required by G.S. 150B‑19.1(c).

(3)        A citation to the law that gives the agency the authority to adopt the rule.

(4)        The proposed effective date of the rule.

(5)        The date, time, and place of any public hearing scheduled on the rule.

(6)        Instructions on how a person may demand a public hearing on a proposed rule if the notice does not schedule a public hearing on the proposed rule and subsection (e) of this section requires the agency to hold a public hearing on the proposed rule when requested to do so.

(7)        The period of time during which and the person within the agency to whom written comments may be submitted on the proposed rule.

(8)        If a fiscal note has been prepared for the rule, a statement that a copy of the fiscal note can be obtained from the agency.

(9)        Repealed by Session Laws 2013‑143, s. 1, effective June 19, 2013.

(10)      With respect to rules adopted by an agency authorized to implement and enforce State and federal environmental laws, as defined in G.S. 150B‑19.3, provide citations for any data used as a basis for any part of the rule. For purposes of this subdivision, data includes publications, studies, white papers, or reports. Agencies subject to this subdivision shall make the cited sources accessible on their websites.

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(f)        Comments. – An agency must accept comments on the text of a proposed rule that is published in the North Carolina Register and any fiscal note that has been prepared in connection with the proposed rule for at least 60 days after the text is published or until the date of any public hearing held on the proposed rule, whichever is longer. An agency must consider fully all written and oral comments received.received, including challenges to data cited as required by subdivision (c)(10) of this section contending that the data is inappropriate, inaccurate, or outdated.

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SECTION 2.  This act becomes effective October 1, 2021, and applies to rules proposed for adoption on or after that date.