By Cassie Gavin
Director of Government Relations
The big news this week at the NC General Assembly was the release of pieces of the House budget, so we learned how priorities differ between the House and Senate on key environmental provisions and funding for the Department of Environmental Quality (DEQ).
Overall, the House budget is an improvement over the Senate’s for the environment. There are significantly fewer cuts to important DEQ positions and programs. Additionally, the wind energy moratorium championed by Sen. Harry Brown (R-Onslow, Jones) is absent. And the existing cap on state funding for light rail that has caused challenges for the planned Chapel Hill-Durham light rail project would be eliminated.
Unfortunately, there is a new, worrisome special provision regarding Jordan Lake. A House-proposed special provision would require DEQ to use $1.3 million allocated to the agency in 2016, but still unused, to study in-lake treatments such as chemical algaecides to address nutrient pollution in Jordan Lake. In-lake approaches have already been studied and tried by DEQ. Remember the SolarBee water mixers fiasco? The science-based Jordan Lake cleanup rules are already in law, although they have been delayed four times. Instead of editing this 2016 provision to force DEQ to undertake testing of questionable technologies, the Legislature should simply put the Jordan Lake cleanup rules back on track.
The House is expected to vote on the chamber’s budget next week. Then the budget will "go to conference," which means conferees from each chamber will be appointed by leadership to negotiate the final state budget behind closed doors. Legislative rules say no new proposals can be added in conference, only versions of what the House or Senate proposed - but nonetheless sometimes surprises appear.
Opportunity for Action
Now is the time to weigh in with your senator and ask them to support environmental protection and clean energy by working to ensure that the budget keeps funding for DEQ and doesn’t include the wind energy moratorium.
Senate committee considers repeal of OBX plastic bag ban (again) and spraying of landfill liquid waste
This week, the Senate Environment Committee considered the non-controversial House Bill 56, “Amend Environmental Laws” - but added 11 new sections to it, including some sections from the worst environmental bill of the session, Senate Bill 434. So now H 56 is also controversial. It includes:
- a repeal of the Outer Banks plastic ban that protects sea turtles;
- exemptions to buffer and stormwater rules; and
- a new proposal to exempt riparian buffers from property taxes.
Opportunity for Action
The Senate Environment Committee is expected to vote on House Bill 56 next week, so please call your senator and ask them to protect sea turtles and water quality by opposing H 56.
The same Senate committee heard from Rep. Jimmy Dixon (R-Duplin, Wayne) about his pet project - House Bill 576, "Allow Aerosolization of Leachate" - which would require DEQ to allow a technology that sprays landfill liquid waste into the air. Landfill leachate often contains lead, mercury, bacteria, viruses, antibiotics, hormones and unstable organic compounds. The effects of these contaminants and how far they travel when sprayed have yet to be studied.
Sen. Jay Chaudhuri (D-Wake) asked good questions in committee about whether there is any data to show that this process is safe. DEQ told the committee that the agency does not have such data. While DEQ would only be required to issue permits to facilities where the leachate does not produce "significant" air contamination, the term "significant" is not defined in the bill. Sen. Mike Woodard (D-Caswell, Durham, Person) called this "a pretty big loophole." The committee plans to vote on this bill next week.
House committee picks billboards over roads
Despite opposition from the NC Department of Transportation, the House Finance Committee this week approved H 581, "Revisions to Outdoor Advertising Laws" - a combination of all the billboard bills. The bill, sponsored by House Rules Chair David Lewis (R-Harnett) would allow more cutting of trees around billboards and allow signs to convert to flashing digital billboards. It would also give special treatment to billboard companies in condemnations, allow billboards in some areas where they are not allowed now and insert the legislature into pending litigation (Dept. of Transp. v. Adams Outdoor Adver. of Charlotte LP). DOT Secretary Jim Trogdon spoke in committee and raised the following concerns on behalf of the agency:
- NC taxpayers will pay substantially more in compensating for removals and relocations of billboards.
- DOT and local governments will have little control over the relocation and regulation of billboards, including vegetation removal.
- Rebuilding, relocating, or altering billboards could jeopardize up to 10% of federal highway funding.
H 581 has no more committee assignments, although it should go to the transportation and judiciary committees because of the potential impacts on highway funds and a pending case before the NC Supreme Court. The bill could be up for a vote by the House as soon as Tuesday.
Opportunity for Action
Please contact your representative and ask them to protect North Carolina’s scenic beauty by opposing House Bill 581.
More protections for farms, less for neighbors?
S 615, "Farm Act of 2017," sponsored by Sen. Brent Jackson (R-Duplin), was given a favorable report by the Senate Environment Committee on Thursday morning. Coming on the heels of the veto override of H 467 - the bill that reduced what compensation neighbors of farm and forestry operations can collect in nuisance actions - the Farm Act would further limit options for those living near animal waste storage. Any facility storing poultry waste for use as renewable energy would be exempt from odor control rules. All farm-related activities are already exempt.
Thanks again for working to protect the environment through your advocacy!