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.

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.

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

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

PBS Now Looked at Transit with Focus on Charlotte

The PBS program Now looked at transit funding and the stimulus with a focus on North Carolina. It is available online at: http://www.pbs.org/now/shows/507/index.html.

NC Policy Watch - Jordan Lake Rules

Rob Schofield of NC Policy Watch published an article on the organization’s website Friday about "How Polluters and Ideologues are Attempting to Block the Clean-up of a Vital Water Resource." He discusses the criticism of the Jordan Lake Nutrient rules by the John Locke Foundation. His article can be found at www.ncpolicywatch.com/cms/2009/02/20/sabotaging-the-jordan-rules/.

Schofield referred to the site www.CleanJordanLake.org for information about the Jordan Lake rules. The site provides information about Jordan Lake, the dangers facing the lake, and the rules designed to protect the lake. These rules have been approved by the Environmental Management Commission and the Rules Review Commission. The General Assembly will decide this year whether to block the rules, allow the rules to go into effect, or compromise and adopt weaker rules.

NC General Assembly Getting Organized

The NC General Assembly is now organized. Both the House and Senate have appointed committees that should soon be meeting and considering legislation of interest to us. Some of the issues are:

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 and SB 166) have been introduced in the General Assembly to disapprove the rules. If the bills are killed, the rules will go into effect. But there may be a compromise, with the General Assembly substituting weakened rules.

Water Allocation - No bill has been introduced yet, but there may be a bill to require permits for the withdrawal of large amounts of water from rivers, in order to share the water resources of a river throughout the river basin.

Transit - Bills (HB 148 and SB 151) have been introduced to allow counties, with voter approval, to charge an additional sales tax to pay for mass transit, including rail and busses. Support of this bill is a major effort of the Capital Group.

Auto emissions and efficiency - Bills may be introduced to adopt the California auto efficiency and emissions standards.

More information about these and other issues will be reported here.

NC General Assembly starts session

The North Carolina General Assembly started its "long" session last week. As of today, they have not announced the committee assignments, but bills are being introduced.

Of course, the big issue this session is the economy. How can they have a budget that is balanced in spite of the economic situation without cutting too deep and without raising taxes too much.

Several important environmental issues will come before the General Assembly.

Transit
The legislators will be asked to give the counties the authority to raise sales taxes (or perhaps some other tax) to fund mass transit (rail and bus).

Jordan Lake
Recently the Environmental Management Commission and the Rules Review Commission adopted rules to protect Jordan Lake from pollution (specifically, nutrients that lead to algae problems).

Water Allocation
There will likely be an attempt to amend laws about how water in our rivers is allocated to communities and industries along the river. In the past there was sufficient water in the rivers for everyone to use what they needed. However, with growth we are reaching limits. It appears that we need to change the law to require that large water users (some industrial users and communities) to obtain permits before they can withdraw large volumes of water.

These issues and others will be discussed here as they are addressed by the General Assembly.

Water - Should permits be required?

An editorial in today’s News and Observer correctly pointed out a serious matter that North Carolina, as well as many other states must deal with: Water Allocation. The editorial points out that one company might sink wells into a aquifer and take so much water that other users, such as other factories or towns, would not have enough water.

As the editorial points out, “A scarce, essential resource shouldn't be allocated on the basis of which consumers have the sharpest elbows, the most money or the most clout.” Something may be done about it. The NC General Assembly commissioned a study, led by Richard Whisnant of the UNC School of Government and Bill Holman of Duke University. Likely this study will suggest that the state require permits for water usage exceeding 100,000 gallons per day.

News and Observer Editorial

Draft of Whisnant-Holman report

Time to Vote

Election Day is this Tuesday. If you haven’t already voted in the early voting, be sure to vote on Tuesday. And please consider the environmental issues when you vote.

To help you decide, here are some links to endorsements:
Sierra Club NC Chapter nc.sierraclub.org/politics/2008%20Endorsements.htm

Conservation Council of NC 2008 Legislative Scorecard www.conservationcouncilnc.org/advocacy/scorecard_2008.pdf

CCNC's full slate of 2008 general election statewide and legislative contest endorsements: www.ccnccpac.org/endorsements/2008endorsements.htm

LCV Endorsements in NC: The national League of Conservation Voters (LCV) circulated an email listing its Congressional endorsements in the North Carolina. They are Kay Hagan for U.S. Senate; and Congressional contenders Roy Carter (5th District), Larry Kissell (8th District), Daniel Johnson (10th District), and Rep. Heath Shuler (11th District). More details are available at www.lcv.org.

Wake 'Cool' County House Party, Thursday, 10/9, 7:00 - 8:30 p.m.

Come out to the first informational and strategic planning House Party for the Sierra Club’s Cool County campaign at the home of John and Sabrina Colvard, 3700 Trenton Rd., Raleigh, NC 27607.

You will have the opportunity to see the oldest brick house in Wake County (1804), which has been recently restored to be the oldest Energy Star certified house in the country.

Marvin Woll will present tips he learned as the lead volunteer in the Raleigh Cool City campaign. He has a wealth of information and we are very excited that he has volunteered to help lead our new Wake ‘Cool’ County campaign.

Afterward, we will brainstorm strategic plans for approaching the Board of Commissioners and educating the public about the Cool County project. Your perspective and voice is very important to the County’s progress.

Please RSVP to Kara Craig, NC Cool City Coordinator, Sierra Club at kara.craig@sierraclub.org

Train travel

After many years of travel around the country, and sometime world, by air, I have started riding the train. Actually, shorter trips, such as from Cary, NC to Washington, DC, are ideal for train travel. Typically the alternative would be to drive. I travel by train to Washington DC to visit family. It certainly beats driving.

I can board the train at the Cary train station and travel to Union Station in Washington, downtown and close to my family member’s office. Parking at the Cary station, like many stations, is free. The trip takes about seven hours, about the same as driving if you include a few stops. On the train I have a seat that has more leg room than first class on airplanes. I can put my lap top computer on the fold down tray and have room to open it, unlike the situation on many airline seats. Many of the seats have 110 volt outlets, so I don’t have to rely on my computer’s battery.

I am free to get up and walk at any time, very important for someone as restless as me.

Most of the time I can find an empty table (or side of a table) in the snack car, making it even more comfortable to use my computer. I can usually plug in my computer at the table.

Most importantly, I am saving fuel, reducing the amount of oil that is imported and reducing the amount of green house gas produced.