“Boards and commissions do important work and this legislation finally puts these in compliance with the constitution, although it should not have taken two years of litigation to force the legislature to get it done,” Cooper said in a press release. 

Previously, the board consisted of six members appointed by the legislature and three appointed by the governor. The court found that membership to be unconstitutional, as the executive branch is supposed to oversee the day-to-day administration of state programs. Under the newly ratified bill, five members will be appointed by the governor and four will be appointed by the legislature — two upon recommendation from the President Pro Tempore of the Senate and two upon recommendation by the Speaker of the House. 

The Clean Water Management Trust Fund was established in 1996 to protect the state’s drinking water sources. With more than $55 million in active contracts, the fund is now also tasked by the North Carolina General Assembly with conserving and protecting the state’s natural resources, cultural heritage and military installations.