* NC Legislative Update – June 18


Last week was another wild one.  Once again, the fracking bill was the center of attention at the North Carolina General Assembly this week.

Fracking Bill Clears House, One Step from Governor’s Desk

One week after passing the Senate, the fracking bill (S820) made its way through the House.  The bill only had one committee stop in the House, at 8:30 Wednesday morning in the House Environment Committee, where a brand new version of the bill was revealed for the first time.  The meeting began with bill handlers Rep. Mike Stone (R-Lee) and Rep. Mitch Gillespie (R-McDowell) explaining the process the bill had been through to get to its current version.  They pointed out that the bill had been improved since it passed the Senate, and claimed that they had addressed most concerns of many of the critics of the bill.  Next, legislative staff explained each section of the 30 page bill.  After the explanation, the floor was opened for members of the committee to ask questions of the bill sponsors and staff.  One particularly interesting line of questioning came when committee members asked DENR Assistant Secretary Robin Smith about how the bill would be implemented.  When asked about the staff resources needed, Smith replied that they would need at least seven new staff positions to implement the bill.  Notably, the current bill does not appropriate any money to DENR.  When asked about how long it would take to research, draft, and adopt new rules under the current Administrative Procedures Act rulemaking process, Smith replied that it would take at least 3-4 years.  Notably, the bill gives all agencies two years to complete the task.  Although citizens were told they would have a chance to comment on the bill, and some signed up the night before and took off work to be at the committee, the committee did not take public comment on the bill during its one committee stop in the House. You can read coverage of Wednesday’s committee meeting here, here, and here.

One day after a new version of the bill was seen for the first time during the bill’s one committee stop in the House, the bill was debated on the House floor.  The debate began with a number of pro-fracking legislators making the case for the bill.  They included Rep. Mike Stone (R-Lee), Rep. Mike Hager (R-Rutherford), Rep. Jamie Boles (R-Moore), and Rep. Mitch Gillespie.  Rep. Gillespie had a number of memorable quotes during his comment, including his claim that “I know of no common sense person who is against this bill.”  Following these opening comments, the House began considering a dozen amendments.  Rep. Gillespie introduced four amendments that contained a number of technical corrections to the bill, which easily passed.  Next, Rep. Pricey Harrison (D-Guilford) introduced an amendment that would have completely removed the current bill language, and replaced it with her own 20 page bill that would have required additional study of fracking, and added many additional consumer protections not in the current bill.  Unfortunately that amendment failed by a vote of 49-59.  Next, Rep. Elmer Floyd (D-Cumberland) introduced amendments to extend the deadlines for various studies in the bill, and to give DENR the funding necessary to implement the bill.  Unfortunately both amendments failed.  Next, Rep. Kelly Alexander (D-Mecklenburg) introduced an amendment to extend the deadline for rulemaking, which also failed.  Finally, Rep. Bill Faison (D-Orange) introduced three different amendments aimed at protecting landowners by outlawing forced pooling and clarifying that current trespass laws would protect landowners from fracking.  All three amendments failed, but one by only one vote.  You can see the vote counts on all 12 amendments here.  It’s also worth noting that the Speaker employed a rarely used parliamentary procedure to cut off the debate on all amendments after only 10 minutes, often severely limiting the discussion of the amendments.  After voting on all of the amendments, the House then began debating the bill.  Many legislators spoke out strongly against the bill, including Rep. Pricey Harrison (D-Guilford), Rep. Joe Hackney (D-Orange), Rep. Grier Martin (D-Wake), Rep. Darren Jackson (D-Wake), Rep. Jennifer Weiss (D-Wake), Rep Deborah Ross (D-Wake), Rep. Chuck McGrady (R-Henderson), Rep. Paul Luebke (D-Durham), Rep. Larry Hall (D-Durham), Rep. Phil Haire (D-Jackson), and Rep. Rick Glazier (D-Cumberland).  If you see your legislator on that list please send them a quick “Thank You” email.  Following the debate, the House voted to pass the bill by a margin of 66-43.  You can view all of the votes here.  There a couple of interesting takeaways from the votes.  First, two Republicans, Rep. Chuck McGrady and Rep. Bryan Holloway (R-Stokes) both voted against the bill.  Two Democrats, Rep. Kelly Alexander (D-Mecklenburg) and Rep. Rodney Moore (D-Mecklenburg) both voted for the bill.  None of the “gang of five” Democrats who have often voted with the Republicans on key votes voted for the bill.  Most notably, the 66 votes in favor of the bill fell significantly short of the 72 votes needed to override a veto.  That is assuming, of course, that the governor will veto the bill.  You can read coverage of Thursday’s lengthy debate here, and here, and a discussion of the next steps here.  The bill now has to go back to the Senate for a final concurrence vote, which is likely to happen tonight.  Next, the bill will go to the governor’s desk.

Our focus will now turn to convincing Governor Perdue to veto this legislation.  We’ll be sending out an official action alert soon, but don’t wait to contact the Governor!  You can reach her office at (800)662-7952 or (919)733-2391.  Don’t wait!

Sea Level Rise Bill on the Senate Floor

The sea level rise bill that has drawn national ridicule over the last few weeks came up for a vote on the Senate floor this week.  Sen. David Rouzer (R-Johnson) and Sen. Harry Brown (R-Onslow) both spoke in favor of the bill, and not a single Senator spoke against the bill.  The bill passed by a wide margin of 35-12, with a number of Democrats voting for the bill.  You can view all of the votes here.  The bill was then sent back to the House for concurrence, where it was referred to the House Environment Committee.

No Action on Boards and Commissions, Air Toxics

The two other bill that we’re tracking closely didn’t see any action last week.  The Boards and Commissions bill has stalled in the Senate Finance Committee, and the Air Toxics Program Reform bill still needs final approval on the Senate floor.  We expect a vote on the Air Toxics bill as early as tonight.  We’ll keep you posted on any updates.

Call or Email the Governor Now!

Please don’t wait to call the governor!  One of the top considerations her staff weighs when deciding whether she will veto a bill is the number of citizens who have called or emailed her office.  Please take the time to call her office now and ask her to veto the fracking bill.


Will Morgan
Director of Government Relations
North Carolina Sierra Club
112 South Blount Street
Raleigh, NC 27601
Office: 919-833-8467
Cell: 336-707-9019

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