Sierra Club NC Chapter – Legislative Update 07-18-14

Protect Enviro Democracy

Dear Friends,

This week in the General Assembly it began to really feel like the end of session with a variety of old proposals resurfacing and quickly moving through committees without much discussion.

Update on the coal ash bill:

On Monday the Senate failed to concur on the coal ash bill – S 729 – which means that House and Senate conferees will negotiate a final bill behind closed doors. Senator Apodaca asked Senators to not concur so that some changes made by the House could be fixed. Apodaca specifically noted that he does not support the variance procedure added by the House that would allow the Secretary of DENR to approve variances to deadlines in the bill and he does not support housing the new Coal Ash Management Commission under DENR. The Senate’s version of the coal ash bill had the Coal Ash Management Commission housed under the Department of Public Safety. We expect to see changes to both of these parts in a final bill. Senate conferees were appointed yesterday – they are: Senators Berger (R – Guilford, Rockingham), Wade (R – Guilford) and Apodaca (R – Buncombe, Henderson, Transylvania). House conferees have not yet been officially appointed but Representatives McGrady (R – Henderson), Samuelson (R – Mecklenburg)and Hager (R – Burke, Rutherford) carried the bill in the House so they are very likely be appointed as conferees. The coal ash bill may not come to a final vote until the very end of session (which should be in the next few weeks) because votes on major bills are often held back until the end to encourage negotiation between the chambers.

Opportunity for Action:

As you may recall, the coal ash bill still lacks assurances that groundwater and surface water will be protected from continuing pollution at all sites. Please contact the Senate conferees and ask them to add clear standards to the bill to ensure that any closure method allowed is protective of groundwater near coal ash sites.

Everything old is new again?

  • Last session the House passed H 201, then called “Reinstate 2009 Energy Conservation Codes” to roll back energy efficiency requirements for commercial buildings. But the bill was never brought to a vote in the Senate. This week, the Senate Rules Committee introduced a revised version of H 201 that renames it “Building Reutilization for Economic Development Act” and narrows the impact of the energy efficiency rollbacks but then proposes new exemptions from stormwater rules and the NC Environmental Policy Act (SEPA) for some commercial buildings. If passed, the result would be that some commercial buildings would be allowed to be built 30% less efficient and would get exemptions from the NC Environmental Policy Act (SEPA). We understand that the intent of the bill is to help one company redevelop a building, but nonetheless its a statewide bill. Energy use in buildings accounts for 70% of total electricity use. And since buildings have a lifespan of between 50 and 75 years it’s critical that new construction be to efficient standards to reduce our overall energy usage and dependency on dirty energy like coal. H 201 is calendared to be voted on by the Senate on Monday.
  • S 883 “Disapprove/Amend Buffer Rules” would strike a list of environmental rules created to protect water quality that were only recently adopted. The existing rules resulted from a lengthy stakeholder negotiation process in which environmental groups were involved. The new proposed rules were created by a separate stakeholder group that did not include environmental groups. One of many problems we see with this bill includes striking a requirement for those who do mitigation projects to provide funds for long term maintenance. Mitigation projects are meant to make up for the loss of wetlands and habitat to development but if we don’t ensure their long-term success we are not really mitigating our losses. More to follow on this bill. S 883 is on the Senate calendar for Monday evening along with H 201.

And why should we have to choose between education and transit?

H 1224 “Local Sales Tax for Education/Econ Dev Changes” was revised by the Senate this week to add a cap on the total sales tax a county may levy and disallow counties from using local sales tax revenues to fund both public education and public transit (thereby forcing a choice between the two). The Senate changes to this bill received negative attention from a number of groups this week, including Sierra Club. H 1224 was removed from the Senate calendar Thursday and sent to Senate Finance Committee where there will likely be revisions proposed on Monday evening. We created an action alert on this bill for Wake County residents since we know that Wake County is considering a transit tax; but again this is a statewide bill so if this concerns you please contact your Senator.

Thank you for your interest and volunteer advocacy! Be on the lookout for more frequent updates and action alerts as the legislative session comes to a close.  The end of session always brings surprises.

Best,

Cassie Gavin, Director of Government Relations

Sierra Club – NC Chapter

cassie.gavin@sierraclub.org

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