It's over, except when it's not: Legislature leaves some enviro bills hanging

By Cassie Gavin
Director of Government Relations

The NC General Assembly's long session came to a close just before 2 am Friday, though lawmakers plan to return to Raleigh in August, September and November. Since this is the first session of the two-year biennium, the Legislature did not adjourn sine die as it does at the end of the so-called short session. That means that some of the bills the Chapter has been working against remain unresolved. More on this below, but first some good news!

House votes down the billboard bill!

After a lengthy debate Monday night, the House voted 49-66 against passage of the billboard bill (House Bill 581) . The bill would have allowed more digital billboards, more trees to be cut down along our highways and would have taken away local government controls to determine where billboards may be located. Thanks to all of you who called or wrote their representatives in opposition to this bill - it worked! 

If your representative voted as you asked them to, please be sure to thank him or her (vote information is here). Note that Reps. Brian Turner (D-Buncombe), Pricey Harrison (D-Guilford), Grier Martin (D-Wake), Mary Belk (D-Mecklenburg), John Adams (R-Catawba) and Ted Davis (R-New Hanover) played an important role in putting forward good amendments and speaking to problems with the bill. Also please consider sending a note to thank Rep. Chuck McGrady (R-Henderson), who led the effort to oppose the billboard bill.

Now, on to some more concerning developments ...

Senate leader wins push to include wind energy moratorium in energy bill

We love wind!The last issue to be taken up by the House Friday morning was House Bill 589, “Competitive Energy Solutions for North Carolina.” This is the omnibus energy bill that was passed with a bipartisan vote by the House in early June. 

The backstory: In late 2016, House leaders set up an energy stakeholder process with the aim to address energy issues related to solar that have been highly controversial with the majority party in recent years. The stakeholder group included solar developers, Duke Energy, electric cooperatives, industry, agricultural interests and some environmental groups. While North Carolina is second only to California in installed solar, the state only has one wind farm, so wind was essentially not part of the stakeholder discussion. 

The stakeholder group was narrowed over time as an agreement was difficult to reach. But eventually Reps. John Szoka (R-Cumberland) and Dean Arp (R-Union) pushed some stakeholders to the point of agreeing on an energy bill that was passed by the House with a bipartisan vote of 108-11. The Chapter took a neutral position on H 589 because of the mix of proposals it included - some that could hinder solar development and some that may expand access to solar. 

When the Senate took up H 589, Sen. Harry Brown (R-Jones, Onslow) renewed his push for a wind energy moratorium that he unsuccessfully sought in 2016 and again this year in his Senate Bill 331 and in the Senate’s proposed budget. Though none of Brown’s previous efforts against wind energy succeeded, on Friday the House voted to concur with an energy bill that included an 18-month wind moratorium - without grandfathering in two wind projects that are planned for development in eastern North Carolina. It is unclear whether work on the two projects will continue if the moratorium becomes law. Sen. Erica Smith-Ingram (D-Bertie, Chowan, Edgecombe, Hertford, Martin, Northampton, Tyrell, Washington) - who represents a district with great wind energy potential and planned projects - spoke out strongly against the moratorium. Please thank her for standing up for clean energy. HB 589 next goes to the Governor who could veto, sign or let the bill become law without signature. 

Riparian buffer exemptions, plastic bag ban repeal and more remain on the table

Legislators left town without addressing a handful of regulatory reform bills that contain provisions the Chapter has long opposed. But since the General Assembly plans to return Aug. 3, that means these provisions are still in play - including the following:

  • Outer Banks plastic bag ban repeal: the bag ban protects endangered sea turtles and prevents litter and local communities support it. 
  • A “contested cases” provision to limit citizen access to the courts to challenge environmental permits.
  • Several unnecessary exemptions to riparian buffer and stormwater control rules that protect water quality.
  • Changes to mining permits to make them longer lasting with less opportunity for the public to weigh in.

Opportunity for action

Please contact your representative and ask them to:

  1. oppose the contested cases provision - Section 12 of House Bill 374; and
  2. the Outer Banks plastic bag ban repeal in House Bill 56.

North Carolina's General Assembly is officially part-time, though the changes lawmakers made to their schedule for the rest of 2017 mean we may all feel more like our state has a full-time legislature. And you’ll be hearing more about all of these issues when the session reconvenes later this summer and into the fall.

But for now, thank you for your advocacy this session!