Chance to Make a Difference!

Dear Friends,

This coming Tuesday, May 28, at 7:00pm, the Charlotte City Council will be voting on city manager Ron Carlee’s new proposal for funding the next 2.5 segment of the streetcar — now known as the CityLYNX Gold Line. 

Our community needs you and a friend, family member, or neighbor to attend this meeting — wearing a gold/yellow shirt or holding a sign that reads “GO FOR THE GOLD” — to show your support.  

The meeting is in the meeting chamber at 600 E. 4th Street uptown and the Gold Line vote is very early in the agenda so please plan to arrive by 7:00. 

The vote will be very close, which is why we need you to take an hour out of your evening to show our leaders your support.

Also, yesterday we released a new 20 page report on the social, economic, and environmental benefits of streetcars.  Please download our report and share with others!

Thanks, and we hope to see you on Tuesday night!

Dear Friends,

This was a somewhat quieter week at the NC General Assembly as the Senate focused on pushing through their proposed budget and House representatives met in private to prepare theirs – leaving less time for debate on the bills we’ve been following. The Senate budget seems disappointing compared to historic levels of state investment in land and water protection but it does better overall on conservation than the Governor’s budget. Of note, the Senate budget would combine the Natural Heritage Trust Fund and the Clean Water Management Trust Fund (CWMTF) to be called the “Water and Land Conservation Fund” which would receive $12 million (note that CWMTF was funded at $100 million in 2000).

The City of Raleigh and the Governor agreed on a revised Dix bill.

S 334, the Dorthea Dix lease bill, was revised substantially by the House and brought to the House Judiciary Committee Wednesday afternoon. The committee unanimously approved the bill after the Raleigh City Attorney and Art Pope, representing the Governor’s office, spoke in favor of it.  If passed, S 334 will give the CIty and the State about a year to re-negotiate terms of the Dix park deal including possibly adding extra land to connect Dix to Pullen Park and keeping 30 acres for state agency offices.  State funds generated from any new deal would be dedicated to mental health. On Thursday the Governor and the Mayor of Raleigh appeared at a joint press conference to communicate support for the bill. But then Senator Phil Berger (Republican – Guilford, Rockingham) came out against the bill arguing that the lease should be terminated immediately.  Dix park advocates have spent a decade promoting the idea of a destination park for the Dix campus that could bring economic investment to downtown Raleigh.

We continued to follow our priority bills this week and worked to generate publicity and calls and emails in to legislators. Thank you for reaching out to your representatives – they are hearing you!

Bills to keep an eye on in the House:

• S 515, the Jordan Lake Rules bill, sponsored by Senators Gunn (Republican – Alamance, Randolph) and Wade (Republican – Guilford) would entirely repeal the Jordan Lake rules and replace them with nothing but a subcommittee of lawmakers who will study the pollution problem. S 515 was approved by the Senate last week and could come to the House Environment Committee in coming weeks. Sierra Club, along with other local environmental groups, held a news conference today at Jordan Lake to publicize this bill and the negative effects it could have on water quality.

How you can take action: Please contact your House representative and ask them to protect Jordan Lake by opposing S 515 – the Jordan Lake Water Quality Act. Click here to contact your legislator.

• S 151, the Coastal Policy Reform Act of 2013, sponsored by Sen. Rabon (Republican – Bladen, Brunswick, New Hanover, Pender), would remove the cap on terminal groins and drop taxpayer protections designed to ensure that local communities do not incur debt for terminal groins without a vote by the people. Terminal groins can cost as  much as $10 million to build, and can cost up to $2 million per year to maintain. This bill was assigned to the House Environment committee and may come up for a vote in the next few weeks.

• Senate Bill 76 – Domestic Energy Jobs Act, sponsored by Senators Newton, Rucho and Brock would rush the state’s issuance of fracking permits. S 76 would undo commitments made by the legislature last year when they passed S 820. S 820 was clear that no permits would be issued until the legislature took additional action after the Mining and Energy Commission promulgated regulations to protect public health and the environment. If approved by the House, S 76 will eliminate North Carolina’s landmen registry, allow disposal of fracking waste fluids underground and disallow localities from taxing fracking operators. We understand that this bill will reappear in revised form in the House Commerce Committee – but what the revisions will be is unknown.

Bills to watch in the Senate:

• House Bill 201 “Reinstate 2009 Energy Conservation Codes”: In 2012, the Building Code Council adopted a revised Energy Conservation Code requiring 30% more efficiency for new commercial buildings. H 201 would take commercial energy efficiency building requirements back to 2009 – ⅓ less efficient than is now required. Energy efficiency saves money for businesses and lessens demand for energy from coal-fired power plants that pollute our air and water. This bill is sponsored by Representative Torbett (Republican – Gaston Co.) and already passed the House; it will next go to the Senate Commerce Committee.

• House Bill 628 “Protect/Promote NC Lumber”, sponsored by Rep. Presnell (Republican – Haywood, Madison, Yancey), would effectively disallow the state from using the voluntary and internationally respected LEED green building certification program. H 628 was approved by the House and will next  go to the Senate Committee on Agriculture/Environment/Natural Resources.

How you can take action: Please contact your Senator and ask them to support energy efficiency and green building by voting “no” on H 201 (Reinstate 2009 Energy Conservation Codes) and “no” on H 628 (Protect/Promote NC Lumber).

Best regards,
Cassie Gavin, Director of Government Relations

As reported in the Charlotte Observer:

“North Carolina has sued Duke Energy for polluting Mountain Island Lake, Charlotte’s major water source, with contaminants from its coal ash lagoons.

The N.C. Division of Water Quality added its claims about Mountain Island to an existing lawsuit filed in March.

That litigation asked for a court injunction against a Duke subsidiary over coal-ash pollution at an Asheville power plant. It marked the first time the state has taken legal action against a utility over its handling of ash, which contains toxic elements.

The amended complaint filed Monday in Wake County Superior Court asks the court to force Duke to stop contamination from Duke’s Riverbend power plant west of Charlotte and assess its extent.

The Southern Environmental Law Center and the Catawba Riverkeeper Foundation filed an intent to sue Duke over ash stored at Riverbend in March.”
Read the full article at:

NC sues Duke for polluting Charlotte drinking water

By Bruce Henderson The Charlotte Observer

May 21, 2013

This is a strenuous 7 mile round-trip hike ascending 2,000 ft. to the summit of an imposing granite dome.  Enjoy great views on this challenging hike, for experienced, fit hikers only.  We’ll meet in the Charlotte area at 8AM and should be back around 6PM.  Don’t forget that Monday is the Memorial Day holiday, so you’ll have a day to relax and recover!  Limit 15.  Contact Steve Copulsky at scopulsky@mindspring.com or 704-543-7493.

Dear Friends,

It was a mad rush in the NC General Assembly this week as representatives hurried to get priority bills through at least one chamber before the self-imposed Thursday crossover deadline. A bill had to be approved by at least one chamber by crossover to have a chance to become law this session. Therefore, bills that did not make crossover are understood to lack wide support and are much less likely to become law (although there are exceptions and procedural moves that can get around this).

Crossover is over – a reason to celebrate!

• A measure that would freeze and repeal North Carolina’s renewable energy portfolio standard (REPS) failed to make it through crossover! Both House Bill 298 and its companion bill, Senate Bill 365, stalled this week while other bills took the main stage.  We will continue to watch out for attacks on REPS to show up in other bills or the budget – but the outlook looks good that NC utilities will continue to be required to invest in renewable energy sources for the foreseeable future.

But some bad bills made it past crossover and got worse in the process …

• S 515, the Jordan Lake Rules bill, sponsored by Senators Gunn (Alamance, Randolph) and Wade (Guilford) was completely revised to be much worse than previously reported. Jordan Lake is a drinking water source for over 300,000 people, but nitrogen and phosphorus pollution tends to collect in the lake and cause water quality problems including algae growth. Runoff is exacerbated by land disturbing development upstream and near the lake. The Jordan Lake rules were a 2009 legislative compromise designed to restore water quality. These rules set up a process for upstream governments, agriculture, and new development to reduce pollution flowing into the lake. S 515 would entirely repeal the Jordan Lake rules and replace them with nothing but a subcommittee of lawmakers who will study the issue. This bill would repeal the Jordan Lake rules on October 1, 2013 but the study subcommittee would not be required to report on its findings until 2014. This bill would end the state requirement for NC localities to make any effort to protect Jordan Lake and leave only federal regulations. S 515 was approved by the Senate on Wednesday and will likely move fast in the House.

• S 151, the Coastal Policy Reform Act of 2013, sponsored by Sen. Rabon (Bladen, Brunswick, New Hanover, Pender), morphed into a bill that removes the cap on the number of terminal groins that can be built in NC and drops taxpayer protection provisions designed to ensure that local communities do not incur debt for terminal groins without a vote of the people. Terminal groins can cost as  much as $10 million to build, and can cost up to $2 million per year to maintain. Existing taxpayer protection provisions were part of the 2011 compromise legislation that allowed for four pilot project terminal groins to be constructed in NC (none are yet built). S 151 also removes fiscal protections intended to ensure that neighboring properties will be compensated for damage due to groins. We expect that this bill will quickly be assigned to a House committee next week and then move to the House floor for a vote.

How you can take action:

1.    Please contact your House representative and ask them to protect Jordan Lake water quality by opposing S 515 – the Jordan Lake Water Quality Act. Click here to contact your legislator.

2.    And please contact your House representative to ask them to protect taxpayers from costly and unwise investment in terminal groins by opposing S 151 – the Coastal Policy Reform Act of 2013. House committees and perhaps the whole House could vote on these bills next week so it is important to contact your Representative today!  Click here to tell your legislators to oppose S 151, the terminal groin bill!

And green building and energy efficiency continued to be targeted.

• House Bill 628 “Protect/Promote NC Lumber” sponsored by Rep. Presnell (Haywood, Madison, Yancey) would effectively disallow the state from using the LEED green building certification program. H 628 was approved by the House and will next go to the Senate for consideration.

• House Bill 201 “Reinstate 2009 Energy Conservation Codes”: In 2012, the Building Code Council adopted a revised Energy Conservation Code requiring 15% more efficiency for new residences and 30% more efficiency for new commercial buildings. This bill was heard in committee this week and the Homebuilders spoke against taking back the residential energy efficiency requirements because they had negotiated a good overall deal for homebuilders when the standard was created. So, the section of the bill that would have affected residential building was removed but H 201 would take commercial energy efficiency building requirements back to 2009 – ⅓ less efficient than is now required. This bill is sponsored by Rep. Torbett (Gaston Co.) and passed the House; it will next be considered by the Senate.

Lastly, North Carolina now has a wind permitting system in place. H 484, Permitting of Wind Energy Facilities, passed the House and Senate and was signed into law by Governor McCrory today.  The bill establishes a state program for the siting and operation of wind turbines and requires environmental protections as well as consultation with the military.

Best regards,
–
Cassie Gavin, Director of Government Relations

919.833.8467 x 104

A mom’s wish: a clean planet for our children

Being a mother of three small children isn’t easy. It’s a seemingly endless juggling act between providing my children with the love and support they need, holding down a full-time job, caring for my marriage and sneaking in a few moments for myself. At the end of the day, of course, I wouldn’t change a thing. Like most moms, I’ll do anything to protect my children, and that’s why I am motivated to fight climate change. Worrying about the climate isn’t quite as bread-and-butter as getting kids to school on time or picking up the groceries, yet I couldn’t have a bigger worry for their future.

Most mothers know children are more susceptible to respiratory illnesses from air pollution because their immune systems and organs are still developing. My children’s generation will face the threat of climate disruption that will have untold impacts on our health if we don’t take action soon.

For me, knowing that the largest source of climate pollution in Western North Carolina is right here in Asheville — Duke Energy’s Asheville coal plant — brings the issue home. How many children in WNC would benefit from the cleaner air and water that would come from phasing out this plant and powering our communities with clean energy? If we multiply this by the hundreds of communities across the country that are decreasing their reliance on coal and investing instead in a clean energy, we can begin to see the ripple effects: healthier kids, healthier communities and stronger families. On Mother’s Day, reflecting on what is happening and what our future can look like brings me hope.

Thousands of North Carolina citizens — many of them mothers like me — have taken action this year to stop climate change. In courtrooms, the General Assembly, Utilities Commission public hearings and Duke Energy’s corporate offices, North Carolinians are calling for a clean-energy future that changes the course on climate change.

Gina McCarthy, President Obama’s nominee to lead the Environmental Protection Agency, is also a mother of three. She has the experience and knowledge to develop and implement clean-air standards, like the pending Carbon Pollution Standard for new power plants that will protect our children’s health and address the causes of climate change. She will continue the EPA’s mission to ensure our air is clean and the health of our children and families is protected. We need a strong EPA to protect our kids and a strong leader like McCarthy at the helm. and I hope Sens. Kay Hagan and Richard Burr will vote to confirm her nomination.

This Mother’s Day I plan to spend precious time with my family. And when I return to work on Monday, I hope more moms will join me in advocating for a clean and safe future for our children.

Kelly Martin is the N.C. Beyond Coal Campaign representative for the Sierra Club.
http://www.citizen-times.com/apps/pbcs.dll/article?AID=2013305120020

Dear Friends,

A hodgepodge of bills moved through the NC General Assembly this week while many of the bills we’ve been closely following were put on hold. Legislators are rushing to get their priority bills approved by at least one chamber before the May 16th crossover deadline. A bill must be approved by at least one chamber to have a chance to become law this session. Therefore, the bills which have already been approved by the House or Senate are unlikely to re-emerge for consideration until after next week simply due to lack of time.

The General Assembly continues push to roll back green programs and environmental regulations:

• House Bill 628 “Protect/Promote NC Lumber” sponsored by Rep. Presnell (Haywood, Madison, Yancey) would effectively disallow the state from using the LEED green building certification program. H 628 was approved by the House Wednesday in a 78-34 vote; and the House will have to take a final vote on the bill Monday before sending it to the Senate. LEED (Leadership in Energy and Environmental Design) is a voluntary program that provides third-party verification of green buildings and addresses the entire lifecycle of a building. LEED-certified buildings aim to lower operating costs, reduce waste, conserve energy and water and reduce greenhouse gas emissions. This bill is coming from a national movement by timber companies to promote wood products over others.

• Senate Bill 32 “Periodic Review and Expiration of Rules” sponsored by Sen. Hartsell, would make entire categories of rules, including health and environmental, expire automatically in 10 year cycles unless re-adopted. Other states have tried this are having problems with important rules expiring unintentionally. This bill is on the calendar for a final vote by the Senate Monday night. The House has their own version of this bill, House Bill 74, that is less drastic, but still concerning since it adds a whole new rule-making treadmill to an already cumbersome process.

• Senate Bill 10, the bill that would fire environmental commissions wholesale so that they could be replaced with new members, died in the House last week. But, this week it was resurrected as House Bill 1011. The Coastal Resources Commission and the Environmental Management Commission would be especially affected as these commissions require substantive expertise which will be lost if all members are fired at once time rather than appointed in the normal way (as terms expire).

And just because these bills didn’t move this week doesn’t mean they are dead:

• Neither House Bill 298, the bill that would repeal North Carolina’s renewable energy portfolio standards (REPS), nor its Senate companion bill (Senate Bill 365) moved this week, though the issue of renewable energy in NC continued to get lots of good press.

• Senate Bill 612 (sponsored by Senators Brown, Jackson and Brock), the omnibus environmental bill that would prohibit local environmental rules more strict than state or federal, sits in the House Committee on Regulatory Reform while it is negotiated behind the scenes. This bill may also allow power plants to contaminate groundwater beneath surface drinking water supplies. S 612 would authorize “disposal systems” to pollute groundwater within a compliance boundary without triggering cleanup requirements but does not set a limit for location of a compliance boundary. Several power plants dump highly toxic coal ash into ponds with compliance boundaries that extend underneath adjacent rivers and lakes, including drinking water supplies.

• S515, the Jordan Lake Rules bill, sponsored by Senators Gunn (Alamance, Randolph) and Wade (Guilford) will be considered by the Senate Agriculture Committee Tuesday. Jordan Lake is a drinking water source for 300,000 people, but nitrogen and phosphorus pollution from upstream collect in the lake. The Jordan Lake rules, designed to restore water quality in the lake, were the subject of a 2009 legislative compromise. The rules set up a process for upstream governments, agriculture, and new development to reduce pollution flowing into the lake. S 515 would allow utility lines in the buffer; these lines can leak. And S 515 would allow piping of streams for any purpose, if the applicant gets permission from the Army Corps of Engineers. These changes could hurt efforts to protect Jordan Lake as a drinking water reservoir.

• House Bill 201 “Reinstate 2009 Energy Conservation Codes”: In 2012, the Building Code Council adopted a revised Energy Conservation Code requiring 15% more efficiency for new residences and 30% more efficiency for new commercial buildings. H 201 would reverse this progress and take the Energy Conservation Code back to 2009. Energy efficiency in buildings saves homeowners and businesses money over the long-run and reduces dependence on fossil fuels. This bill is sponsored by Rep. Torbett (Gaston Co.) and is scheduled to be heard by the House Commerce Committee Monday afternoon.

How you can take action:

• Please contact your House representative and ask them to support energy efficiency by opposing House Bill 201 “Reinstate 2009 Energy Conservation Codes”. A House commmittee will vote on this measure on Monday so it is important to contact your House rep today!

Best regards,

–
Cassie Gavin, Director of Government Relations

Over 1,500 NC photo petitions to Duke Energy

Our regularly scheduled meeting for June 26 (the 4^th Wednesday of the month) will be held in the Mecklenburg County Courthouse, Courtroom 5310, located at 832 East 4th Street, Charlotte, NC beginning at 6:00 PM (pre-hearing activities at 5:00 PM).

Why you ask? That’s because the North Carolina Utilities Commission has selected Charlotte as a Public Hearing location for the proposed Duke Energy rate hike! We need you, your friends and neighbors, small business owners that you know, members of your house of worship, and others to speak out at the public hearing – No Rate Hikes for Dirty Energy!

• Duke Energy is requesting a rate hike to pay for their outdated business plan that relies on dirty energy and little NC investment in energy efficiency. In fact, they are requesting a rate schedule that would actually penalize energy efficiency and conservation measures with higher rates.

• Duke Energy’s third rate hike since 2009 would boost average residential rates by 13.9% while rates for many large corporations would drop by up to 4%

• With monopoly control over its customers, Duke is seeking a guaranteed profit of 11.25% – a return that far exceeds market levels.

• Despite their greenwashing, Duke is now the world’s second largest power corporation and greenhouse gas emitter. They are the Number 1 Dirty Energy electric utility in the U.S. and are responsible for some of the dirtiest air in the country and causing thousands of asthma attacks, heart attacks and deaths in our state.  In North Carolina, we already pay the hidden cost of coal with our health and our environment. We want NC to be more energy efficient and powered by local wind & solar that will employ thousands of North Carolinians

Make plans to arrive early for the peaceful rally, press conference, free pizza, and to sign up to speak. These pre-hearing activities will start at 5:00 PM. Check back for additional information and materials.

See you and hundreds of other concerned ratepayers on June 26^th at the Mecklenburg County Courthouse, Courtroom 5310, located at 832 East 4th Street, Charlotte, NC.

]]> http://charlottesierraclub.org/2013/05/10/june-26-monthly-meeting-change-of-location-and-time-for-a-very-special-event/feed/ 0 Bill Gupton, Conservation/Advocacy Chair No Rate Hike For Dirty Energy Photos http://charlottesierraclub.org/2013/05/09/save-the-nc-box-creek-wilderness/ http://charlottesierraclub.org/2013/05/09/save-the-nc-box-creek-wilderness/#comments Thu, 09 May 2013 11:53:07 +0000 Bill Gupton, Group Chair http://charlottesierraclub.org/?p=6934 ]]> Note: Information about this campaign was submitted by local Sierra Club member Ron McCollum.

This map shows how crazy the REMC plan is!

800×600

Read more about the plan at Rutherford Electric files to build power lines through Box Creek Wilderness

Now take action to Save the NC Box Creek Wilderness

Help stop the threat to this beautiful and unique part of North Carolina. Sign the Petition Now.

Tell Rutherford Electric Membership Corporation’s (REMC) staff and board you oppose REMC’s plan to destroy native forested land in Box Creek Wilderness, the largest privately registered Significant Natural Heritage Area in the state of North Carolina.

North Carolina can do better. Whether you are an REMC member alarmed about paying for the needless expense of this route, a resident of Rutherford or McDowell counties who celebrates the beauty of your region, a NC citizen troubled with the misuse of your natural and fiscal resources, or a concerned conservationist who urges forward-thinking choices for the 21st century; you can take action to:

• insist that sensible, wise development means building a community’s utility infrastructure along existing corridors; this route can be located alongside other power lines, a highway, or an abandoned railroad right of way.• stop the wasteful spending associated with building this power line through a celebrated wilderness, especially when known alternative routes are cheaper and easier to maintain.

• protect fragile and endangered species from heedless, unnecessary activities that would cut in half an essential wildlife corridor between the South Mountains and the Blue Ridge Escarpment.

Make your voice heard. Join the growing community urging REMC to change the course of this power line to a sensible, alternative route. Sign the Petition Now.

Please join the City of Charlotte and Plan Charlotte for a community dialogue by Smart Growth America. Presentations will be made by Roger Millar and William Fulton of Smart Growth America, focusing on ways Smart Growth can position the city’s long-term economic health and competitiveness.