Ag nuisance restrictions bubble up again at General Assembly

By Cassie Gavin
Director of Government Relations

This was a busy week at the N.C. General Assembly as lawmakers scrambled to push bills through committees in order to pass laws before the end of the short session. Governor Cooper vetoed the budget yesterday  so the Senate moved quickly to override his veto today; the House is likely to do the same on Tuesday. Read the governor’s objections to the budget and his veto message here.

Also this week, the Senate tentatively passed the Farm Act - Senate Bill 711  - sponsored by Sen. Brent Jackson  (R - Duplin, Johnston, Sampson) despite objections raised by Sierra Club and others about a provision that would make it significantly harder for landowners who live near large-scale hog farms (and any other kind of farm) to seek compensation in court for nuisances. In spite of state regulations, large-scale hog operations are often still smelly and can potentially cause health problems. 

A similar bill was vetoed last year by Governor Cooper, but the legislature overrode the veto and the measure became law. The legislation the Senate approved today would go even further by raising the bar as to what constitutes a nuisance and putting the burden of proof on impacted neighbors. Neighbors of some North Carolina hog farms recently won a court fight to receive some compensation for suffering caused by the smell and spray of pig waste. But now, some lawmakers want to keep other neighbors of hog farms from seeking the same remedy. 

Please thank Senators Paul Lowe  (D - Forsyth) and Floyd McKissick  (D - Durham, Granville) for speaking up against this bill during the lively Senate debate. It’s likely that the Senate will vote to pass the Farm Act on Monday along party lines; then the bill will go to the House Agriculture Committee  for consideration. 

Opportunity for Action

Please contact your state House representative right away and ask him or her vote “no” on S 711, the Farm Act. North Carolinians all deserve a fair chance to protect their health and their homes from environmental hazards no matter the source.

Also this week, H 1073, “Establish Economic Development Energy Task Force,” sponsored by Representatives Larry Strickland  (R - Johnston), Jimmy Dixon  (R - Duplin, Wayne), John Bell  (R - Craven, Greene, Lenoir, Wayne) and Brenden Jones  (R - Bladen, Columbus, Robeson), was considered by the House Energy and Public Utilities Committee. H 1073, if passed, would create a task force on natural gas infrastructure and access. It appears that the purpose of the task force would be to find ways for the state to support and expand natural gas in North Carolina using taxpayer funds. This raises concerns because expanding fracked gas infrastructure is not the pathway to a clean energy future for North Carolina.