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activities, or use of horizontal drilling or hydraulic fracturing for that
<br />purpose.
<br />(2) That all legally required State and federal permits or approvals have been
<br />issued by the appropriate State and federal agencies or that all State and
<br />federal permit requirements have been satisfied and that the permits or
<br />approvals have been denied or withheld only because of the local ordinance.
<br />(3) That local citizens and elected officials have had adequate opportunity to
<br />participate in the permitting process.
<br />(4) That the oil and gas exploration, development, and production activities, and
<br />use of horizontal drilling or hydraulic fracturing for that purpose, will not
<br />pose an unreasonable health or environmental risk to the surrounding
<br />locality and that the operator has taken or consented to take reasonable
<br />measures to avoid or manage foreseeable risks and to comply to the
<br />maximum feasible extent with applicable local ordinances.
<br />(g) If the Oil and Gas Mining ^ „a Energy Commission does not make all of the findings
<br />under subsection (f) of this section, the Commission shall not preempt the challenged local
<br />ordinance. The Commission's decision shall be in writing and shall identify the evidence
<br />submitted to the Commission plus any additional evidence used in arriving at the decision.
<br />(h) The decision of the Oil and Gas Miniffg an E„ Commission shall be final
<br />unless a party to the action files a written appeal under Article 4 of Chapter 150B of the
<br />General Statutes, as modified by this section, within 30 days of the date of the decision. The
<br />record on appeal shall consist of all materials and information submitted to or considered by the
<br />Commission, the Commission's written decision, a complete transcript of the hearing, all
<br />written material presented to the Commission regarding the location of the oil and gas
<br />exploration, development, and production activities, the specific findings required by
<br />subsection (f) of this section, and any minority positions on the specific findings required by
<br />subsection (f) of this section. The scope of judicial review shall be as set forth in G.S. 150B -51,
<br />except as this subsection provides regarding the record on appeal.
<br />(i) If the court reverses or modifies the decision of the Oil and Gas Mining ^ra Ener -g�r
<br />Commission, the judge shall set out in writing, which writing shall become part of the record,
<br />the reasons for the reversal or modification.
<br />0) In computing any period of time prescribed or allowed by this procedure, the
<br />provisions of Rule 6(a) of the Rules of Civil Procedure, G.S. IA-I, shall apply.”
<br />SECTION 56.2.(b) G.S. 130A- 309.205 reads as rewritten:
<br />"§ 130A- 309.205. Local ordinances regulating management of coal combustion residuals
<br />and coal combustion products invalid; petition to preempt local ordinance.
<br />(a) It is the intent of the General Assembly to maintain a uniform system for the
<br />management of coal combustion residuals and coal combustion products, including matters of
<br />disposal and beneficial use, and to place limitations upon the exercise by all units of local
<br />government in North Carolina of the power to regulate the management of coal combustion
<br />residuals and coal combustion products by means of ordinances, property restrictions, zoning
<br />regulations, or otherwise. Notwithstanding any authority granted to counties, municipalities, or
<br />other local authorities to adopt local ordinances, including those imposing taxes, fees, or
<br />charges or regulating health, environment, or land use, all provisions of local ordinances,
<br />including those regulating land use, adopted by counties, municipalities, or other local
<br />authorities that regulate or have the effect of regulating the management of coal combustion
<br />residuals and coal combustion products, including regulation of carbon burn -out plants, within
<br />the jurisdiction of a local government are kwali and unenforceable, to the
<br />extent necessary to effectuate the purposes of this Part, that do the following:
<br />(1) Place any restriction or condition not placed by this Part upon management
<br />of coal combustion residuals or coal combustion products within any county,
<br />city, or other political subdivision.
<br />(2) Conflict or are in any manner inconsistent with the provisions of this Part.
<br />SECTION 56.2.(c) Subsection (a) of this section is effective retroactively to June
<br />4, 2014. Subsection (b) of this section is effective retroactively to August 20, 2014.
<br />SECTION 56.5. G.S. 115C -47 reads as rewritten:
<br />"§ 115C -47. Powers and duties generally.
<br />Page 26 S 119 [Ratified]
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