Lawmakers mount attack on clean energy, trees

By Cassie Gavin
Senior Director of Government Relations

This week at the N.C. General Assembly, we saw Senate committees consider bills that attack wind energy, electric and hybrid vehicles and trees.

Procedurally, the Senate is moving its priority bills along to try to meet the crossover deadline on May 9. Crossover is the legislature’s self-imposed deadline by which a bill must pass one chamber to remain viable for consideration over the course of the biennium (2019-2020). If a bill doesn’t meet crossover, it technically is dead, though there are ways around that.

S 446, Electric/Hybrid Vehicle Registration Fees, sponsored by Sen. Jim Davis (R-Cherokee, Clay, Graham, Haywood, Jackson, Macon, Swain) would increase North Carolina’s electric and hybrid vehicle registration fees to the highest in the country. Even factoring in emissions from electricity generation, electric vehicles produce lower emissions than conventional cars. According to an April 2019 report by the N.C. Clean Energy Technology Center, electric vehicle owners are already paying more than their fair share towards the gas tax with the current registration fee of $130. S 446 was approved by the Senate Transportation Committee on Wednesday even though Sens. Joyce Waddell (D-Mecklenburg) and Kirk deViere (D-Cumberland) asked great questions challenging the reasoning for it. This bill will next be considered by the Senate Finance Committee on Tuesday.

S 367, Clarify Property Owners’ Rights, sponsored by Sen. Tom McInnis (R-Anson, Moore, Richmond, Scotland) is yet another attack on the authority of local governments. This harmful legislation, introduced at the request of the N.C. Home Builders Association, would restrict and undermine local tree protection ordinances by requiring them to have the express authorization of the General Assembly. This is a threat to beautiful old trees that provide aesthetic and environmental benefits to neighborhoods. S 367 was approved by the Senate State and Local Government Committee this week; it will next be considered by the Senate Judiciary Committee but is not yet calendared.

Read more about this proposal and opposition to it in Moore County’s local newspaper.

S 377, Military Base Protection Act, sponsored by Sen. Harry Brown (R-Jones, Onslow) would ban wind energy development in much of eastern North Carolina. The ostensible justification of the ban is to protect air space for military training. But the Department of Defense Clearinghouse and state permitting rules require substantial review of all wind energy projects, effectively providing the military veto power. The Senate Commerce Committee debated this bill for two hours on Wednesday but did not take a vote; it is not yet scheduled to be considered again. Sen. Floyd McKissick (D-Durham) asked great questions in committee challenging the need for this measure.

On Tuesday the Senate Finance Committee will consider both the electric/hybrid vehicle registration fee bill and a Duke Energy-supported bill to allow multi-year rate-making.

S 559, Storm Securitization/Alt. Rates, sponsored by Senators Rabon (R-Bladen, Brunswick, New Hanover, Pender), Hise (R-Madison, McDowell, Mitchell, Polk, Rutherford, Yancey ) and Blue (D-Wake) would allow Duke Energy to seek multi-year rate-making for up to five years. The Sierra Club and other citizen-based groups regularly engage in rate cases before the Commission seeking better environmental outcomes. Multi-year rate-making, as proposed in this bill, could limit that opportunity to weigh in on important energy policy decisions and rates. This is a Duke shareholder protection measure that would mean less of a voice for customers and less accountability for the utility.

Opportunity for Action:

Please ask your Senator to oppose S 446 Electric/Hybrid Vehicle Registration Fees and S 559 Storm Securitization/Alt. Rates.

The House filing deadline for non-appropriations bills is Tuesday, so there are likely to be more new environmental bills coming out next week.