Under the General Assembly rules any bill that does not make appropriations or change the tax law must pass either the House or Senate by a deadline, known as Crossover day, in order to be considered by the other side. Bills that fail to pass the chamber in which they were introduced by crossover are dead. This year that date was Thursday, May 14.
The rush to get bills to the other side results in long, busy committee meetings early in the week and then long House and Senate sessions on the Wednesday and Thursday of crossover.
Twenty eight environment related bills made crossover. These bills have already been considered by one or two committees and been the subject of rewrites and compromises. They are now being considered by the other chamber (House bills are in the Senate, Senate bills are in the House). A list of those 28 bills can be found here.
Friday, May 15, 2009
Thursday, May 14, 2009
Jordan Lake rules pass House
The Jordan Lake rules bill, HB 239, passed 2nd and 3rd readings in the House and now goes to the Senate, where it will be considered by the Ag/Envir/Nat Res. Committee.
The goal of the environmental community will be to prevent the retrofit rules from being watered down (pun intended) by the Senate. If the bill is killed, (very unlikely) the original, stronger, rules go into effect.
The goal of the environmental community will be to prevent the retrofit rules from being watered down (pun intended) by the Senate. If the bill is killed, (very unlikely) the original, stronger, rules go into effect.
Wednesday, May 13, 2009
A bad bill - blocks rules that increase cost
One truly bad bill (still in play because it passed the Senate today) is SB 866, "APA Rules: Increasing Costs Prohibition". This bill, introduced by Sen. David Hoyle, would prevent any agency from adopting any rule that increased costs for any person, unless the rule responds to "A serious and unforeseen threat to the public health, safety, or welfare" or is required by law or court decision.
This could result in the inability of state agencies from adopting any regulation not directly required by law. All regulations have some cost, even if it only the cost of printing a copy of the regulation or the time for an employee to send e-mail informing others of the regulation. There is no requirement of significant cost; any cost will trigger the regulation.
One exception is for regulations responding to "A serious and unforeseen threat...". However, threats to public health and safety are not "unforeseen". There is at least some foresight needed for a regulation to be written.
Apparently Sen. Hoyle just doesn't like regulations, and this is one way to stop them. Unfortunately it will stop many regulations needed for public health and safety.
This could result in the inability of state agencies from adopting any regulation not directly required by law. All regulations have some cost, even if it only the cost of printing a copy of the regulation or the time for an employee to send e-mail informing others of the regulation. There is no requirement of significant cost; any cost will trigger the regulation.
One exception is for regulations responding to "A serious and unforeseen threat...". However, threats to public health and safety are not "unforeseen". There is at least some foresight needed for a regulation to be written.
Apparently Sen. Hoyle just doesn't like regulations, and this is one way to stop them. Unfortunately it will stop many regulations needed for public health and safety.
Monday, May 11, 2009
Jordan Lake rules agreement
It now appears that there is an agreement between environmental groups and others (particularly Durham) on the Jordan Lake rules.
The agreement will be unveiled this afternoon at the meeting of the NC House Judiciary I committee. The committee will meet at 3pm in room 1228.
The Environmental Management Commission released a set of rules to reduce the nutrient pollution in Jordan Lake. The rules were approved by the Rules Review Commission. After approval, the rules were on hold because of "disapproval" bills in the General Assembly. These bills, if they passed, would have prevented any of the rules from going into effect.
One bill, HB 239, was introduced by Reps. Allen and Gibson as a disapproval bill. However, the disapproval language was replaced with language that would approval all rules other than the "existing development" or "retrofit" rule. That language was the subject of negotiations between representatives of the environmental community and Durham and other upstream communities.
The agreement will be unveiled this afternoon at the meeting of the NC House Judiciary I committee. The committee will meet at 3pm in room 1228.
The Environmental Management Commission released a set of rules to reduce the nutrient pollution in Jordan Lake. The rules were approved by the Rules Review Commission. After approval, the rules were on hold because of "disapproval" bills in the General Assembly. These bills, if they passed, would have prevented any of the rules from going into effect.
One bill, HB 239, was introduced by Reps. Allen and Gibson as a disapproval bill. However, the disapproval language was replaced with language that would approval all rules other than the "existing development" or "retrofit" rule. That language was the subject of negotiations between representatives of the environmental community and Durham and other upstream communities.
Friday, May 1, 2009
Terminal Groins
Terminal Groins, sometimes known as Jetties, are hardened devices on beaches that are often at the end, but sometimes in the middle, of a beach. They are used to hold sand and prevent erosion of beaches. However, while they can protect one section of a beach they often cause such harm as additional erosion on other nearby parts of a beach.
43 scientists who study beach erosion have signed a statement that terminal groins should not be allowed. Current NC law does not allow terminal groins because of the effect.
(edit, 5/8/09)Some good information and examples of terminal groins can be found here
However, Sen. Julia Boseman of Wilmington introduced a bill SB 832,to allow such structures. In spite of strong opposition from the scientific and environmental community, Sen. Mark Basnight and others supported it. In the Senate it was passed by a vote of 37 to 10, and now goes to the House.
The following Senators voted against the bill despite of pressure from the Senate leadership: Allran; Atwater; Berger, D.; Brock; Clodfelter; Graham; Hunt; Kinnaird; Stein; Vaughan.
43 scientists who study beach erosion have signed a statement that terminal groins should not be allowed. Current NC law does not allow terminal groins because of the effect.
(edit, 5/8/09)Some good information and examples of terminal groins can be found here
However, Sen. Julia Boseman of Wilmington introduced a bill SB 832,to allow such structures. In spite of strong opposition from the scientific and environmental community, Sen. Mark Basnight and others supported it. In the Senate it was passed by a vote of 37 to 10, and now goes to the House.
The following Senators voted against the bill despite of pressure from the Senate leadership: Allran; Atwater; Berger, D.; Brock; Clodfelter; Graham; Hunt; Kinnaird; Stein; Vaughan.
Wednesday, April 22, 2009
Transit Bill passes House
The transit bill, HB 148, officially known at the Congestion Relief/Intermodal Transport Fund bill, has passed the NC House on two readings and was sent to the Senate.
Wednesday, April 15, 2009
Transit Bill passes House Finance Committee
The North Carolina House Finance Committee voted to approve the the Congestion Relief/Intermodal Transport Fund bill (HB 148) by a vote of 19-6. The bill now goes to the full House of Representatives for debate and a vote. This will probably occur on Tuesday, April 21.
This bill will allow certain counties to adopt a 1/2 cent sales tax to support mass transit.
This bill will allow certain counties to adopt a 1/2 cent sales tax to support mass transit.
Monday, March 30, 2009
Wake County's Extreme Growth
The Raleigh-Cary metropolitan area (Wake, Johnston, and Franklin counties) grew by 4.3% from July 2007 to July 2008, and is the fasted growing metropolitan area in the country. The nation average was just under 1%, North Carolina grew by 2.0%, and the Durham-Chapel Hill metropolitan area growth rate was 2.5%.
See News & Observer story and News & Observer population estimate tables.
This rapid growth creates several environmental issues such as increased traffic (with increased air pollution), increased use of water, and increased runoff into streams and lakes.
Unless the county and municipalities can regulate and reduce this growth rate, these environmental problems will just get worse. The growth will be self-regulating--when the traffic, environmental, water, and other problems get too bad, people will not want to live here and we will stop growing. However, perhaps we should reduce the growth rate to maintain our quality of life.
See News & Observer story and News & Observer population estimate tables.
This rapid growth creates several environmental issues such as increased traffic (with increased air pollution), increased use of water, and increased runoff into streams and lakes.
Unless the county and municipalities can regulate and reduce this growth rate, these environmental problems will just get worse. The growth will be self-regulating--when the traffic, environmental, water, and other problems get too bad, people will not want to live here and we will stop growing. However, perhaps we should reduce the growth rate to maintain our quality of life.
General Assembly News
In the NC General Assembly bills related to the environment are being introduced at a fast pace. There will be coverage of these bills in this section of the eNews. The links from the bill numbers connect to a bill information page on the General Assembly website. To read the actual text of the bill, look for the box on the left hand side of the page. For all bills there will be the word "filed." Under that is usually the word "Edition 1." Clicking on these will call up the actual text of the bill in PDF format. If the bill has been amended since it was filed, later editions will be shown. Click on the highest edition number to read the latest text of the bill.
Low-Emission Vehicle Program - Sen. Eleanor Kinnaird has introduced a bill, SB 688, which would direct the Environmental Management Commission to adopt the California emission control standards and would require state agencies to purchase vehicles that meet those standards.
Water Allocation - Bills have been introduced to establish water allocations rules in North Carolina. Some of the bills are:
SB 907, Water Allocation Policy Act of 2009, introduced by Sen. Daniel Clodfelter, is the primary water allocation bill.
SB 833, Delineate River Basins, (Clodfelter) (apparently identical to HB 802 by Reps. Lucy Allen and Pryor Gibson, makes the list of river basins for water allocation purposes the same as the 17 river basins used for water quality rules.
SB 661, Contiguous Premises/Allocate Costs for Water (Clodfelter), requires (with some exceptions) an apartment owner to charge individual tenants for their use of water to provide an incentive for conservation.
Other bills have been introduced relating to water; these will be covered in more detail next week.
Other Legislative Matters - Not all of the bills that have been introduced are good for the environment. Two bills are bad ideas:
HB 643, by Rep. Russell Tucker, authorizes storage of reclaimed (but not safe to drink) water in underground aquifers. This could endanger the quality of drinking water from wells.
SB 832, by Sen. Julia Boseman, will allow the Coastal Resources Commission to authorize construction of a terminal groin (a hardened structure) to protect beaches from erosion. However, these structures will endanger other beaches. For more information, click here.
Jordan Lake Rules - Rules were adopted by the Environmental Management Commission and approved by the Rules Review Commission to reduce the nutrient pollution of Jordan Lake. Bills (HB 3, SB 166 and HB 239) have been introduced in the General Assembly to disapprove the rules. If the bills are killed, the rules will go into effect. However, a compromise affecting the "retrofit" provision (the most controversial part of the rules) may be adopted. The latest information about the Jordan Lake Rules will be covered in this section when they occur. More information about the rules can be found at www.ncconservationnetwork.org/issues/water_issues/jordan_lake
The Cary Town Council and the Apex Town Council have both adopted resolutions in support of the rules. The Cary resolution can be read at: www.townofcary.org/agenda/jordanres.htm
Budget - The Governor's proposed budget has been released and is being analyzed by members of the General Assembly. The Senate will then modify the budget. The budget, as modified by the Senate, will then be considered by the House. Most likely the Senate and House will not agree, so the budget will be subject to negotiations between the House and Senate.
As most people probably expected, there is some grim news. One such item is the elimination of the Office of Environmental Education from the Department of Environmental and Natural Resources. The Governor does propose to continue funding the Clean Water Management Trust Fund (CWMTF), but at a reduction from $100 million/year to $75 million/year. The grant distributions from funds already appropriated have been frozen due to cash flow problems.
The Natural and Economic Resources section (book 5) of the budget can be found here. More information will be reported as the budget progresses through the Senate and House. Thanks to Dan Besse, editor of the NC Conservation Network's Conservation Insider Bulletin for insight on the budget.
Transit - The transit bill (HB 148) will allow counties, with voter approval, to charge an additional sales tax to pay for mass transit, including rail and buses. This bill has passed the House Transportation committee and will be heard by the House Finance committee (because of the sales tax change). No date has been set for the meeting. Support of this bill is a major effort of the Capital Group.
Cement Plant Near Wilmington State Senator Julia Boseman has introduced legislation (SB 699) to delay or stop a major cement maker, Titan, from to building a cement plant on the Northeast Cape Fear River just outside of Wilmington. The bill will delay all permits for cement plants in NC until September 1, 2010, and require the Environmental Review Commission to study the environmental impacts of cement plants. There was discussion about the bill (not a vote) at a meeting of the Senate environment committee on Tuesday, March 24.
The plant would destroy hundreds of acres of wetlands as well as cause air pollution. For the story in the Wilmington Star News, click here. For more information, see the Stop Titan website, stoptitan.org.
Community Conservation Assistance Program (CCAP)
Sen. Julia Boseman introduced SB 523 to fund the Community Conservation Assistance Program, a voluntary, incentive-based program that helps local governments and private landowners install storm water control measures. CCAP, administered by the Division of Soil and Water Conservation, provides educational, technical, and financial assistance to landowners through its network of Soil and Water Conservation Districts.
More information about these and other issues will be reported here.
Low-Emission Vehicle Program - Sen. Eleanor Kinnaird has introduced a bill, SB 688, which would direct the Environmental Management Commission to adopt the California emission control standards and would require state agencies to purchase vehicles that meet those standards.
Water Allocation - Bills have been introduced to establish water allocations rules in North Carolina. Some of the bills are:
SB 907, Water Allocation Policy Act of 2009, introduced by Sen. Daniel Clodfelter, is the primary water allocation bill.
SB 833, Delineate River Basins, (Clodfelter) (apparently identical to HB 802 by Reps. Lucy Allen and Pryor Gibson, makes the list of river basins for water allocation purposes the same as the 17 river basins used for water quality rules.
SB 661, Contiguous Premises/Allocate Costs for Water (Clodfelter), requires (with some exceptions) an apartment owner to charge individual tenants for their use of water to provide an incentive for conservation.
Other bills have been introduced relating to water; these will be covered in more detail next week.
Other Legislative Matters - Not all of the bills that have been introduced are good for the environment. Two bills are bad ideas:
HB 643, by Rep. Russell Tucker, authorizes storage of reclaimed (but not safe to drink) water in underground aquifers. This could endanger the quality of drinking water from wells.
SB 832, by Sen. Julia Boseman, will allow the Coastal Resources Commission to authorize construction of a terminal groin (a hardened structure) to protect beaches from erosion. However, these structures will endanger other beaches. For more information, click here.
Jordan Lake Rules - Rules were adopted by the Environmental Management Commission and approved by the Rules Review Commission to reduce the nutrient pollution of Jordan Lake. Bills (HB 3, SB 166 and HB 239) have been introduced in the General Assembly to disapprove the rules. If the bills are killed, the rules will go into effect. However, a compromise affecting the "retrofit" provision (the most controversial part of the rules) may be adopted. The latest information about the Jordan Lake Rules will be covered in this section when they occur. More information about the rules can be found at www.ncconservationnetwork.org/issues/water_issues/jordan_lake
The Cary Town Council and the Apex Town Council have both adopted resolutions in support of the rules. The Cary resolution can be read at: www.townofcary.org/agenda/jordanres.htm
Budget - The Governor's proposed budget has been released and is being analyzed by members of the General Assembly. The Senate will then modify the budget. The budget, as modified by the Senate, will then be considered by the House. Most likely the Senate and House will not agree, so the budget will be subject to negotiations between the House and Senate.
As most people probably expected, there is some grim news. One such item is the elimination of the Office of Environmental Education from the Department of Environmental and Natural Resources. The Governor does propose to continue funding the Clean Water Management Trust Fund (CWMTF), but at a reduction from $100 million/year to $75 million/year. The grant distributions from funds already appropriated have been frozen due to cash flow problems.
The Natural and Economic Resources section (book 5) of the budget can be found here. More information will be reported as the budget progresses through the Senate and House. Thanks to Dan Besse, editor of the NC Conservation Network's Conservation Insider Bulletin for insight on the budget.
Transit - The transit bill (HB 148) will allow counties, with voter approval, to charge an additional sales tax to pay for mass transit, including rail and buses. This bill has passed the House Transportation committee and will be heard by the House Finance committee (because of the sales tax change). No date has been set for the meeting. Support of this bill is a major effort of the Capital Group.
Cement Plant Near Wilmington State Senator Julia Boseman has introduced legislation (SB 699) to delay or stop a major cement maker, Titan, from to building a cement plant on the Northeast Cape Fear River just outside of Wilmington. The bill will delay all permits for cement plants in NC until September 1, 2010, and require the Environmental Review Commission to study the environmental impacts of cement plants. There was discussion about the bill (not a vote) at a meeting of the Senate environment committee on Tuesday, March 24.
The plant would destroy hundreds of acres of wetlands as well as cause air pollution. For the story in the Wilmington Star News, click here. For more information, see the Stop Titan website, stoptitan.org.
Community Conservation Assistance Program (CCAP)
Sen. Julia Boseman introduced SB 523 to fund the Community Conservation Assistance Program, a voluntary, incentive-based program that helps local governments and private landowners install storm water control measures. CCAP, administered by the Division of Soil and Water Conservation, provides educational, technical, and financial assistance to landowners through its network of Soil and Water Conservation Districts.
More information about these and other issues will be reported here.
Wednesday, March 18, 2009
Sierra and Other Groups Sue State Over PCS Phosphate Mining Permit
The Southern Environmental Law Center, on behalf of Environmental Defense Fund, North Carolina Coastal Federation, Pamlico-Tar River Foundation, and North Carolina Sierra Club filed suit in the state administrative court against the NC Department of Water Quality challenging the issuance of a permit for a mine proposed by PCS Phosphate. See press release by SELC and story in News & Observer.
Tuesday, March 3, 2009
Cement Plant Near Wilmington
A major cement maker, Titan, plans to build a cement plant on the Northeast Cape Fear River just outside of Wilmington. This plant would destroy hundreds of acres of wetlands as well as cause air pollution. For the story in the News & Observer, click here and in the Wilmington Star News, click here. For more information, see the Stop Titan website, stoptitan.org
Sunday, March 1, 2009
Campo Public Hearing
Campo Public Hearing, Thursday, 3/5, 6:30 p.m.
The Capital Area Metropolitan Planning Organization (CAMPO; www.campo-nc.us) will hold public hearings on proposed plans for the first 10 years of a transit plan for Wake County at City Hall, 222 W. Hargett St. This will be a joint meeting with the Capital Area Friends of Transit (CAFT). CAFT will provide an update on our activities as well as a report on the transit legislation from Wake legislators. As members of the CAFT coalition, the Capital Group strongly encourages you to attend to learn more and to express your views on the Wake Transit Plan! The proposed 10-year Wake County Transit Action Plan includes:
• doubling of bus service throughout the county, including express service connecting outlying towns in Wake County
• a light rail transit line from Northwest Cary to NCSU, downtown Raleigh and to Spring Forest Rd. in Northeast Raleigh
For more on the 25-year long range plan and 10-year action plan, see the links below:
25-year plan: www.campo-nc.us/2035_LRTP.html
10-year plan: www.campo-nc.us/TAC_Agenda/2009/Agenda-TAC-2009-01-21-Att-10B-Wake-Transit-PPT.pdf
The Capital Area Metropolitan Planning Organization (CAMPO; www.campo-nc.us) will hold public hearings on proposed plans for the first 10 years of a transit plan for Wake County at City Hall, 222 W. Hargett St. This will be a joint meeting with the Capital Area Friends of Transit (CAFT). CAFT will provide an update on our activities as well as a report on the transit legislation from Wake legislators. As members of the CAFT coalition, the Capital Group strongly encourages you to attend to learn more and to express your views on the Wake Transit Plan! The proposed 10-year Wake County Transit Action Plan includes:
• doubling of bus service throughout the county, including express service connecting outlying towns in Wake County
• a light rail transit line from Northwest Cary to NCSU, downtown Raleigh and to Spring Forest Rd. in Northeast Raleigh
For more on the 25-year long range plan and 10-year action plan, see the links below:
25-year plan: www.campo-nc.us/2035_LRTP.html
10-year plan: www.campo-nc.us/TAC_Agenda/2009/Agenda-TAC-2009-01-21-Att-10B-Wake-Transit-PPT.pdf
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