NC Legislative Update from CCNC

Drought and Stormwater Meet the House and Senate

Support Drought Legislation. On Tuesday, the House Environment and Natural Resources Commission approved HB 2499, Drought/Water Management Recommendations. The bill now will be considered by the full House. This bill is a significant step forward for the State, specifying the governor’s emergency powers during water shortages and increasing the authority of state officials to impose restrictions on local water system during the increasing stages of drought.


The bill presented to the Committee was quickly criticized by legislators and environmental organizations because it failed to set uniform minimum conservation measures or set water-savings goals for counties across the state. Previous bill drafts had proposed such uniform conservation measures for all systems that required reduced water use by 10% and then 20% under the two worst levels of drought. But, opposition to such uniform measures quickly mounted and shamefully the mandatory minimum measures went by the wayside.


Local governments had already been charged with filing water shortage response plans with the Department of the Environment and Natural Resources(DENR) by the start of this month; however, prior to this session’s proposed legislation, no standards existed that these water shortage response plans had to meet. Section 5 of HB 2499 directs DENR to approve the local government or water system’s plan if it meets just three criteria, the two most descriptive criteria being that: the plan should includes a tiered level of water conservation measures or other response actions; and that each tier of water conservation measures should be based on increased severity of drought/water shortage that would lead to stricter water conservation measures. At Tuesday’s committee meeting, Representative Weiss wisely questioned if the current legislation by just stipulating a tiered system was adequate and expressed the need for DENR to amend this language. Much depends on these individual plans that DENR must now approve. Environmental groups on the NC Common Agenda 2008 remain strongly supportive of linking water conservation goals back to a specific, quantifiable savings for the state.


If the local government or water system fails to implement proposed restrictions during severe, extreme, or exceptional drought, this legislation allows state official s to force restrictions. Should these restrictions fail to minimize harm to public health, safety, and the environment, then even more stringent restrictions would be authorized by state officials. In a water shortage emergency, the governor is further permitted to force water sharing if the supplying system has excess water beyond their need.


On improving general state-wide efforts, Rep. Tarleton and Rep. Luebke further suggested that more public education and outreach to the public on water conservation was needed. Certainly, the public and the legislators have much to learn and do in order to prepare and manage the state’s precious water resources. HB 2499 is a welcome start. Please Support HB 2499. HB 2499 passed the third reading on the Senate floor yesterday. This afternoon, the bill was removed from the calendar, even after yesterday's unexpected caucus on the floor for amendments; but will be taken up as priority on Monday when the House meets again.


Support Stormwater Management Revisions. Stormwater regulations over this session have been rendered palatable enough to gain the “whole hearted” endorsement of the developers and general acceptance by coastal cities and municipalities. On Tuesday, SB 1967, formerly the “Disapprove Coastal Stormwater Bill” was replaced with the committee substitute, “Improve Coastal Stormwater Management,” which is the product of the series of eight negotiation meetings that began back in April. The environmental community supports the coastal stormwater compromise. The newest costal stormwater rules require stricter setback and drainage requirements for these 20 coastal counties; but some scientists and environmental regulators still think that this new rule is not enough. The environmental community believes more could have been done to protect our environment but recognizes that the “compromise” bill will protect the environment more than rules currently in place. The environmental community asks lawmakers to support the committee substitute of SB 1967. Further, the environmental community also encourages legislators oppose amendments that would upset the compromise reached at stakeholder meetings. Finally, legislators should reject efforts to disapprove or delay implementing the Coastal Stormwater Program.

We all have a responsibility to protect and enhance our state’s water quality. Chronic lowering of environmental standards and protections is a trend the State’s legislature should avoid at all costs. Great concern was expressed in the environmental community after the Honorables mentioned on Tuesday that the EMC’s authority might be repealed after, SB 1967 is voted on, to set coastal stormwater rules for a certain length of time. This pronouncement is disquieting for many outside of the legislature. If the EMC’s authority is tampered with, then those most experienced and knowledgeable on the impacts to state waters are effectively forced by the legislators to take the back seat to political considerations. Shouldn’t our water quality protection measures be based on pragmatic conservation approaches and sound science rather than political pandering?

Updates

Strengthen North Carolina's drought response.

SUPPORT H2499 (S1879)

Protect our coast from stormwater pollution.

SUPPORT the Committee Substitute for SB1967 (adopted 7/8/08)

Defend our shoreline from hardened structures.

OPPOSE S599

Stop global warming, start clean cars.

SUPPORT H 2526 and H1179(S1307)

The NC Common Agenda is endorsed by: Audubon NC / Conservation Council of NC / Environment NC / Environmental Defense Fund / NC Coastal Federation / NC Conservation Network / NC Sierra Club / Penderwatch & Conservancy / Southern Alliance for Clean Energy


Legislative Summaries

H838 Ban Incandescent Light Bulbs
This legislation would prohibit the sale of general service incandescent light bulbs in the state. Support.

H1134 Cleanup of Abandoned Manufactured Homes
This legislation would protect public health and the environment by encouraging counties to develop plans for deconstructing abandoned manufactured homes and removing reusable or recyclable components. The legislation would impose an environmental remediation tax on the sale of new and used manufactured homes to fund the deconstruction of abandoned manufactured homes. Support.

H1154 Oak Island/Erosion Setback Line
This legislation, which applies to the Town of Oak Island, alters setback rules in cases of beaches that have undergone renourishment programs. Altering the setback rules undermines sound planning principles and prudent coastal management rules that have been in place for some time. Oppose.

H1179/S1307 Clean Cars Program/Funds
This legislation would establish North Carolina's low emission vehicle program. Support.

H1611 Stormwater Requirements' cost to County/City
This legislation requires the ERC to prepare and submit a fiscal note to the county or city detailing the costs of meeting post-construction stormwater management standards. Oppose.

H1834 Local Government Economic Impact
This legislation expands the Local Government Fiscal Information Act to require an economic impact statement (EIS) rather than just a fiscal note, similar to the EIS used in the rulemaking process. This act effectively alters the procedures for all parties of local governments who expect to experience substantial economic impacts (of at least $3 million in a 12-month period) from the costs of meeting State regulations and rules. Oppose.

H1889 Present Use Value System Modifications
This legislation would provide property tax relief to landowners who manage their lands for wildlife and other conservation benefits. The House passed H1889 by an overwhelming vote in the 2007 session. This bill awaits the Senate's ruling. Support.

H1997 Economic Impact/Regulatory Legislation
This legislation would require economic impact statements (EIS) for all bills proposing regulatory changes, similar to he fiscal notes agencies must prepare during the rule making process. Oppose.

H2499 / S1879 Drought/Water Management Recommendations
This legislation requires that surface and groundwater withdrawls and transfers (between river basins) of greater than or equal to 100,000 gallons per day be registered with the Environmental Management Commission. Support.

H2506 Sedimentation Ctrl/Local Gov't Envorcement
This legislation would clarify the process for appeals from civil penalties assed by a local government that have established and approved erosion and sedimentation control programs. In keeping with a recommendation by the Environmental Review Commission, this legislation would provide local governments with such programs to issue stop work orders. Support.

H2526 Motor Vehicle Emissions Study
This legislation would direct the Environmental Review Commission, in consultation with the Department of Environment and Natural Resources, to study the costs and benefits--economic and environmental--of adopting the California motor vehicle emissions standards for the State. This act further directs that a report of findings, recommendations, and legislative proposals be submitted by 1 April 2009. Support.

H2675 Adopt-A-Trail Funds
This legislation would increase the funds for the Adopt-a-Trail Program within the Department of the Environment and Natural Resources by $892,000 for the 2008-2009 fiscal year. Support.

H2709 No Mountaintop Removal Coal Mining
This legislation would prohibit any public utility that operates a coal-fired generating unit in the State to generate electricity from purchasing or using coal extracted by mountaintop removal coal mining. This bill provides for cost recovery and appropriates funds for any utility's incremental costs of purchasing or using coal extracted by some method other than mountaintop removal coal mining. Support.

H2710 Income Tax Credit - Energy-Efficient Homes
This legislation would provide an income tax credit for builders of: state-certified energy-efficient homes, under the NC Healthy Build Homes Program, of $2,000; or the federally qualified energy-efficient home under the ENERGY STAR Program of $1,000. Support.

H2718 N.C. Green Business Fund
This legislation would change the NC Green Business Fund from a grant-making fund to a no-interest loan-making fund and would appropriate funds to the Department of Commerce for this purpose. Support.

H2720 Energy-Efficient State Motor Vehicle Fleets
This legislation would require every new passenger motor vehicle transferred to or purchasaed by the Department of Administration or by the Department of Transportation to have a fuel economy rating, as set by the U.S. EPA for the new vehicle's model year, in the top 10 percent for its class of vehicles. Support.