The 2024 legislative session has been unlike any other in recent memory, with a lot of power-flexing that resulted in surprisingly little substantive legislation being passed.
When the House and Senate reconvened in April with Republican supermajorities, there was an expectation that GOP budget and policy priorities would sail through in record time – including legislation that might pose threats to the environment.
But House and Senate members stymied themselves in many ways and were unable to negotiate compromises on important issues that North Carolinians expect to be addressed, such as a comprehensive bill to adjust the biennial state budget's second year.
For the first time since Republicans took control in 2011, spotty member attendance has been so impactful that the General Assembly chose to adjourn for the summer with key bills still in the pipeline. They've scheduled monthly sessions through the end of the year so that they can tackle issues that require all hands, such as veto overrides, when they can be sure they'll have the necessary votes.
Curiously, even though this session's not officially over – and, more to the point, the election is months away – a handful of House members have already claimed leadership positions for the 2025-26 term. Historically, caucuses and chambers wait to organize until after election results are in. This move aligns with current trends in concentrated leadership power. While the roles are what we might reasonably see in the next term and reflect work these lawmakers are already doing, newly elected House members may balk at being shut out of the voting.
Budget:
The House and Senate were unable to agree on terms for a full budget adjustment bill, ultimately passing two mini-budget bills: S332, 2023 Appropriation Act Changes, which provides teacher pay increases that were authorized in last year’s budget, and S357, Adjustments to the 2023 Appropriations Act, which appropriates funds to address the end of the COVID-era federal funds for childcare subsidies.
Enacted bills of interest:
- H198, DOT Legislative Changes, which increases the tree-cutting area in front of billboards and allows for the cutting of native redbuds in those zones. Gov. Roy Cooper vetoed the bill over the billboard section, but it was overridden in late June.
- S355, North Carolina Farm Act of 2024, which we did not oppose. It reinstated the Conservation Tax Credit for forestland and farmland preservation, fish and wildlife conservation, military installation buffers, and floodplain protection in any county that had a disaster declaration during the last five years. However, it did prohibit the levying of a stormwater fee on agriculture land.
- S607, Regulatory Reform Act of 2024, which passed in late June and became law this week without Governor Cooper's signature. It contains numerous concerning provisions:
- Orders the Collaboratory to convene a Wastewater General Permit Working Group;
- Allows for a terminal groin to be constructed at Frying Pan Shoals and allows replacement of sand-filled beach erosion control structures with rock-filled erosion control structures;
- Requires the Coastal Resources Commission to adopt a rule for rebuilding docks and piers without a permit, and they may be expanded by 5% for 5 feet;
- Allows for Duke Energy's proposed gas plants to take advantage of an expedited timeline for 401 certification; and
- Directs the Department of Environmental Quality and the Environmental Management Commission to develop a proposal to the U.S. EPA for permitting discharges into low-flow waters.
In the coming months:
The adjournment resolution set a half-dozen dates for lawmakers to meet between now and the end of the year. One was scheduled for last Wednesday, July 10, but no activity occurred.
Lawmakers are due back on:
- July 29, Sept. 9, Oct. 9 and Dec. 11 (after the general election), to deal with any election law or district-related issue, bills vetoed by the governor, conference reports, and a few other matters; and
- Nov. 19, for an immediate post-election “lame duck” session with emphasis on budget and other pending bills.
Some important bills are still alive and could see action in these mini sessions. We'll share details in our next Letter from Jones Street. Be sure to subscribe to our legislative emails, then keep an eye out for word on whether to contact your state senators and representatives as those measures move.