1. Update on the Regulatory Review of 15A NCAC 2E (in accordance with Session Law 2013-413)
3 step process
Step 1: Agency determination
Initial determination and public comment period
Step 2: Rules Review Commission (RRC) review
Reviews agency’s report and makes final determination
Step 3: Administrative Procedure Oversight (APO) Committee consultation
Opportunity to review final determination before it becomes effective

2. Necessary without substantive public interest
Determinations
Unnecessary
Rule will expire and be removed from code
Necessary without substantive public interest
Rule will remain in effect without further action
Necessary with substantive public interest
Rule shall be readopted as if it was new in accordance with APA

3. Subchapter 15A NCAC 02E
Five sections with a total of 27 rules
Section General Provisions (2 rules)
Section Registration of Water Withdrawals and Transfers (1 rule)
Section Regulation of Surface Water Transfers (2 rules)
Section Central Coastal Plain Capacity Use Area (7 rules)
Section Water Use During Droughts and Water Supply Emergencies (15 rules)

4. Summary of Public Comment Period
In January 2016 the EMC approved proceeding with the public comment period for 2E
All 2E rules were placed in the category “necessary with substantive public interest”
Public comment period occurred between January 29, 2016 and April 8, 2016
One comment on one rule was posted
The commenter agreed with the initial determination

5. Schedule Initial Determinations, WAC – Nov 2015
Approve Determinations for public comment, EMC – Jan 2016
Public Comment Period, Feb - Apr 2016
Update, WAC - July 2016
Action to approve Determinations, EMC – Sep 2016
Report Due to RRC – Oct 2016
APO of General Assembly, 60 days, Final Determination effective – Dec 2016
Commence Rulemaking to re-adopt rules in accordance with APA