NC League of Conservation Voters

HB120 BLDING CODES: LOCAL CONSISTENCY/EXEMPT CABLE

HB94 AMEND ENVIRONMENTAL LAWS | SB112

HB628 PROTECT/PROMOTE NC LUMBER

HB1011 GOVERNMENT REORGANIZATION AND EFFICIENCY ACT

SB112 AMEND ENVIRONMENTAL LAWS | HB94

SB638 NC FARM ACT OF 2013

SUPPORT

HB440 NORTH CAROLINA BENEFIT CORPORATION ACT

HB573 STORMWATER MANAGEMENT FEE USES

The HotList is a weekly email the North Carolina League of Conservation Voters (NCLCV) sends out during session where we talk about relevant legislation and share information on key environmental issues as they come before the General Assembly. While primarily intended for elected representatives, the HotList is also made public to any and all who are concerned about the environment.

CIB 05/20/2013

Mon, 20 May 2013 09:00:00 +0000

In a flurry of long hours, rushed votes, and some frayed tempers, environmental legislation faced the dreaded "crossover" deadline in the General Assembly. This week in CIB:

Legislative Watch: Inside Crossover Baseball--Swings, Hits, and Misses
Nuclear Update: No New Harris Nukes, and Corrosion Shuts One
Education & Resources: LCV Looking for Organizers
Conservationists: Green Tie Is Next Week

Legislative Watch: Insider Crossover Baseball--Swings, Hits, and Misses

Each session at the General Assembly there comes a date--a self-imposed legislative deadline--known and dreaded as "crossover". It's the date by which non-budget legislation must have been approved by one chamber or the other (House or Senate), or be considered dead for the rest of the two-year session.

Of course, the legislative leadership can always play games with their own rules, and sometimes do. However, they generally avoid violating this one, in order to preserve its value as a motivator against procrastination and endless sessions. A bill can also be technically revived by inserting financial language provisions which make it immune from the crossover deadline. In any event, though, the failure of a bill to make "crossover" provides a strong signal that it lacks sufficient support as of now to move forward.

So, on the environmental front, what are the key bills that survived or failed?

Noteworthy failures include these:

SB 365 / HB 298, the so-called "Affordable and Reliable Energy Act", would have killed North Carolina's Renewable Energy Portfolio Standard (REPS).

SB 703, "Limit Local Regulation of Outdoor Smoking," would have repealed or prohibited local laws restricting smoking in outdoor locations like city parks or playgrounds.

It's certainly nice to get a few victories in the midst of one of the most anti-environmental legislative sessions in state history.

Bad bills which succeeded in beating the crossover deadline by passing at least one chamber include these:

HB 74, "Periodic Review and Expiration of Rules", would wipe out or badly weaken most state environmental protection rules by requiring that they be re-approved under processes guaranteed to make approval of strong rules highly unlikely.

HB 201, "Reinstate 2009 Energy Conservation Codes", reinstates the old commercial construction energy code, wiping out new building standards which provide greater energy efficiency.

SB 151, "Coastal Policy Reform Act of 2013," repeals restrictions on the permitting of "terminal groins", the oceanfront rock jetties that accelerate beach erosion and damage barrier islands, along with other negative changes to coastal law.

SB 515, "Jordan Lake Water Quality Act", repeals the Jordan Lake water quality rules which were established through an extensive, science-backed stakeholder development process.

SB 612, "Regulatory Reform Act of 2013", guts the authority of local governments to adopt environmental protections stronger than federal minimums, including repealing existing local laws which do.

These and other bad environmental bills remain a menace to public health and a clean environment in North Carolina. They'll be fought by NCLCV and allies.

Nuclear Update: No New Harris Nukes, and Corrosion Shuts One

"They kept teasing and talking about it," anti-nuclear advocate Jim Warren of NC WARN told the press. In the end, however, "All these grand plans for building nuclear stations are going by the wayside." (McClatchy-Tribune news service, 5/5/13.)

Duke Energy has told the Nuclear Regulatory Commission (NRC) that slow growth in demand for electricity has led it to scrap the renewed plans to add additional nuclear reactors to the Shearon Harris nuclear station in Wake County. Initially announced as a planned four-reactor plant well over a quarter-century ago, Harris has been operating with just one reactor for over two decades. The so-called "nuclear renaissance" had led to renewed hopes by Progress Energy to add more reactors there.

Instead, economic realities slapped down those plans. Nuclear power is just too costly to build, and takes too long. Even natural gas-fired plants are now cheaper and faster, and booming solar energy installations are more nimble and flexible as well.

It's also well worth noting that renewable energy installations like wind and solar will never have to deal with the type of problem that has just temporarily shut down the sole operating nuclear reactor at Shearon Harris. Specifically, Duke shut down the reactor after discovering a corrosion-related flaw in the reactor vessel head (the lid on the container that prevents superheated, highly pressurized water from escaping the reactor). This part of a reactor is so dangerously radioactive that the necessary repairs must be done by robotics.

Oh, and the flaw has existed since at least spring 2012; it was discovered through a review of ultrasonic data recorded then. As a presidential candidate once said, whoops! The NRC will be asking why it took a year to unveil this very serious problem. For more details, see here.

Education & Resources: LCV Looking for Organizers

Looking for the chance to work directly for the conservation voters movement in North Carolina? This may be your chance.

Terra Strategies is hiring on behalf of the national League of Conservation Voters (LCV) for a large-scale membership mobilization and issue advocacy program in North Carolina. They will be hiring three regional field directors to manage organizers and direct offices in Charlotte, Raleigh and Greensboro/Winston-Salem.

The project needs experienced regional field directors to mobilize LCV members, elevate environmental issues and generate earned media. Regional field directors will manage and train organizers as they engage LCV members as volunteers and activists in issue advocacy, earned media and grassroots lobbying activities. Issue focuses will be on building support for reducing carbon emissions, encouraging executive action to clean up coal fired power plants and raising awareness about the need to address global warming. Successful candidates must have at least three years of community, issue, labor, or political organizing, experience managing staff, fluency in VAN, excellent communication and organizational skills, and must work well in a team. The position requires staff management, reliable transportation and a willingness to work evening and Saturday hours.

Regional field director positions are full-time, salaried and temporary through January 30, 2014. Individuals interested in applying or seeking additional information should send their resume and cover letter to ncterrajobs@terra-strategies.com.

Conservationists: Green Tie Is Next Week

In just one more week, NCLCV will hold its annual Green Tie Awards. As reported last week, the 'green' heroes being honored this year are the following:

Defender of the Environment: Rep. Deborah Ross.

Senator of the Year: Sen. Dan Blue.

Representative of the Year: Rep. Susan Fisher.

Catalyst Award: Sue Sturgis, The Institute for Southern Studies.

Conservationists are encouraged to attend the Green Tie Awards Dinner on May 29 in Raleigh to honor the legislative leaders who are carrying forward the fight for a clean environment. For more information and to register, go here.

That's our report for this week.

HotList 05/16/2013

Thu, 16 May 2013 09:30:00 +0000

Dear Members and Friends,

Today was quiet.. Too quiet... Is it really the last day of Crossover?

Responsibility for the Hotlist has been passed to NCLCV’s summer interns, and although we have met a couple of you, we look forward to meeting more soon. We are Michael Grubert, a first-year Master of Environmental Management student, and Logan Mohs, a first-year law student, both from Duke.

We would like to bring special attention to two bills heard this week, both of which NCLCV opposes, and both of which are extremely likely to show up on the Scorecard this year.

SB515, the Jordan Lake Water Quality Act, passed the Senate after vigorous debate. We found Senator Stein’s comparison of trying to clean up a polluted lake rather than stopping the pollution in the first place with trying to treat someone’s diabetes without telling them they should watch what they eat to be particularly apt, with all due respect to Senator Apodaca, of course. We were pleased to see such vigorous opposition to removing the current rules regarding pollutants in the lake, and urge members of the House to recognize that, even if you believe that the rules need to be modified, they should not be repealed before a study to determine replacements has been conducted.

Another controversial bill that was in the Senate this week was SB151, the Coastal Policy Reform Act of 2013. In short, this bill would reform previous hard work to discourage coastal communities in building terminal groins in North Carolina inlets. Several amendments were proposed to the bill that would have made it slightly better, such as allowing local voters control over whether the structures were built, or to require bonds to cover potential mitigation or restoration if the groin fails, but neither of these were adopted. Although SB151 ended up making it through the Senate, we hope to see strong opposition in the House.

Please feel free to contact us with any questions on these or the bills listed below at michael@nclcv.org and logan@nclcv.org, or you can continue to harass Dan at dan@nclcv.org if that is more your style.

Best,
Michael and Logan | michael@nclcv.org, logan@nclcv.org

OPPOSE

HB94 AMEND ENVIRONMENTAL LAWS | SB112

HB120 BLDING CODES: LOCAL CONSISTENCY/EXEMPT CABLE | SB108

HB628 PROTECT/PROMOTE NC LUMBER

HB1011 GOVERNMENT REORGANIZATION AND EFFICIENCY ACT

SB108 BUILDING INSPECTIONS/LOCAL CONSISTENCY | HB120

SB112 AMEND ENVIRONMENTAL LAWS | HB94

SUPPORT

HB440 NORTH CAROLINA BENEFIT CORPORATION ACT | SB99

SB99 NORTH CAROLINA BENEFIT CORPORATION ACT | HB440

CIB 05/13/2013

Mon, 13 May 2013 09:00:00 +0000

It's time to honor those green legislators standing in the breach against anti-environmental forces in Raleigh. This week in CIB:

Conservationists: Green Tie Winners Announced
Campaign Watch: CPAC Endorses Martin
Legislative Watch: Remedial Math Needed
Education & Resources: Hog Waste--A 'Clean Energy' Resource?!

Conservationists: Green Tie Winners Announced

NCLCV has announced the 2013 winners of its annual Green Tie Awards. These awards honor state legislators and other leaders who have demonstrated outstanding leadership on behalf of our environment at the state level, especially in the General Assembly.

This year, the honorees have carried an especially difficult but critical mission: protecting human health and our natural resources from the onslaught of anti-environmental legislation pouring into consideration in Raleigh. The 'green' heroes being honored this year are the following:

Defender of the Environment: Rep. Deborah Ross. Ross is honored for her "consistent willingness to defend against bad environmental legislation and the pollution lobby, and her commitment to a strong stand in defending our communities against environmental degradation."

Senator of the Year: Sen. Dan Blue. Blue is honored for his "consistent ability to prioritize our environment even when making hard decisions, his long-time and effective willingness to engage with the environmental community, and his leadership on key issues at the intersection of environment and social justice."

Representative of the Year: Rep. Susan Fisher. Fisher is honored for her "sponsorship of sound environmental legislation, her proactive stance on environmental issues, and her overall notable environmental record."

Catalyst Award: Sue Sturgis, The Institute for Southern Studies. Environmental writer Sturgis is honored for her "long history and strong commitment to public education on environmental issues. Through her media coverage, she has taken exceptional action to create change and bring public attention to actions threatening North Carolina's environment and quality of life."

NCLCV's Director of Governmental Relations, Dan Crawford, also sounded a note of concern, pointing out that NCLCV chose this year not to award any "Rising Stars" recognitions. Crawford said, "These [Rising Star] awards recognize new voices at the General Assembly that North Carolina citizens can count on to ensure that the environment is a priority. Environmental efforts were hit hard last session, and the anti-environmental theme is continuing this session. Our state needs stronger pro-environment leadership from freshmen and sophomore decision-makers to fight or slow the onslaught of bad legislation."

Conservationists are encouraged to attend the Green Tie Awards Dinner on May 29 in Raleigh to honor the legislative leaders who are carrying forward this fight today. For more information, and to register, go here.

Campaign Watch: CPAC Endorses Martin

NCLCV announced last week that its Conservation Political Action Committee was endorsing former four-term legislator Grier Martin to take the House District 34 seat being vacated by Rep. Deborah Ross. Ross, who is being recognized on May 29 as the NCLCV Green Tie Award winner for 2013 as Defender of the Environment, announced earlier that she is leaving the legislature to take a new leadership job with the Triangle Transit Authority.

In announcing the endorsement, NCLCV's Dan Crawford said, "Although we are sad about Rep. Ross' departure, it is exciting to know that we have the potential to fill her shoes with someone with the dedication and commitment of Grier Martin. He understands that protecting our state's natural heritage goes hand in hand with rebuilding our fragile economy."

NCLCV's Conservation PAC has endorsed Martin in all of his previous campaigns for legislature. He has a lifetime score of 96% on NCLCV's Conservation Scorecard.

Martin chose to step down last year rather than seek re-election by campaigning against Ross in a primary. He had been "double-bunked" with Ross in a single district by the redistricting plan adopted in 2011, as part of the plan's design to reduce the number of Democratic lawmakers in the General Assembly. The redistricting practice known as "double-bunking" is a standard approach used to target legislators who have taken policy or political positions particularly offensive to a majority party involved in creation of a "gerrymandered" (politically partisan) redistricting scheme.

Legislative Watch: Remedial Math Needed

Supporters of clean energy claimed week before last that they'd have beaten the bill repealing North Carolina's clean energy standard in the Senate Finance Committee if the committee chair hadn't adjourned the meeting while refusing to count the votes.

According to an independent investigation by WRAL News, it turns out that they were right. At least 18 of the 35 committee members present and voting that day told reporters that they voted in opposition to the bill in committee. Read the full story here.

Legislative Watch: 'Son of Stripper' Slithers Through House

A new bill designed to replace the failed Senate commission-stripping legislation flew through the House last week. HB 1011 would make many of the bad moves contained in the late, unlamented SB 10, which fumbled to an end last month amidst a refusal by the House to vote for a conference committee report on the bill.

The new HB 1011 hammers the Environmental Management Commission, Wildlife Resources Commission, Coastal Resources Commission, and Coastal Resources Advisory Council particularly hard. It strips 90 current members from these boards, including many of the most experienced environmental management officials in the state, some with hard-to-find substantive scientific expertise.

Contrary to the excuses circulated by the bill's supporters, this extreme commission-stripping approach is unprecedented in modern North Carolina history. Normally, even during a party-control transition in the governor's office, existing regulatory commission seats are allowed to expire at the end of their scheduled terms. This retains key institutional experience while allowing the new governor to fill vacancies as they become open. The new immediate wholesale changeover ordered by HB 1011 is in service to an extreme anti-regulatory philosophy now gripping state government.

Five Republican House members joined all but one Democrat present in voting against HB 1011 on the floor of the House. That relatively high level of dissent in the face of the prevailing caucus-conformity pressure is a mark of the unwisdom of this legislation's approach. The bill now moves on to Senate consideration.

NCLCV joins a unified coalition of conservation and citizen advocacy groups in urging the rejection of HB 1011.

Education & Resources: Hog Waste--A 'Clean Energy' Resource?!

Conservations have long--and for good reason--worried about the impacts on water and groundwater quality from waste lagoons associated with factory-style livestock operations. But what if there's a way to reduce the waste going into those lagoons while generating renewable-source energy in the process?

That's the premise behind the inclusion of a set-aside for livestock waste in the 2007 legislation creating North Carolina's REPS (Renewable Energy Portfolio Standard). Now, a new study from Duke University's Nicholas Institute for Environmental Policy Solutions suggests that the idea can be cost-effective. The study looks at the approach of capturing methane gas from hog farms and piping it into existing natural gas pipelines. For details, go here.

Interestingly, groups representing the agricultural industry in general and the livestock industry in particular have emerged as important allies in the fight to maintain North Carolina's REPS against anti-environmental assault. The real potential to generate jobs and income to their industry from new development of the waste-to-energy approach is the key to that stand.

That's our report for this week.

HotList 05/09/2013

Thu, 09 May 2013 09:30:00 +0000

Dear Friends,

Is it Friday yet? It has felt like an extremely long week but I know Crossover week will be even longer.

This week I have felt like I have been in a perpetual game of Whack-a-Mole. One bad bill after another has reared its ugly head and I have taken swings at trying to fix them. NCLCV's Legislative Scorecard has seen many potential scoring opportunities from this week. Here are just a few that come to mind:

HB74 Periodic Review and Expiration of Rules

HB201 Reinstate 2009 Energy Conservation Codes

HB480 Environmental Permitting Reform

HB628 Protect/Promote NC Lumber

HB1011 Government Reorganization and Efficiency Act

SB32 Periodic Review and Expiration of Rules

NCLCV opposes all of this legislation that stands to hurt our environmental protections that have made North Carolina a great place to live, work, and raise a family.

These bills as currently constituted will all likely appear in our Scorecard at the end of session.

If you have any questions about these bills or any others, please do not hesitate to contact me.

Best,
Dan Crawford | dan@nclcv.org

OPPOSE

HB94 AMEND ENVIRONMENTAL LAWS | SB112

HB120 BLDING CODES: LOCAL CONSISTENCY/EXEMPT CABLE | SB108

HB628 PROTECT/PROMOTE NC LUMBER

HB1011 GOVERNMENT REORGANIZATION AND EFFICIENCY ACT

SB108 BUILDING INSPECTIONS/LOCAL CONSISTENCY | HB120

SB112 AMEND ENVIRONMENTAL LAWS | HB94

SUPPORT

HB440 NORTH CAROLINA BENEFIT CORPORATION ACT | SB99

SB99 NORTH CAROLINA BENEFIT CORPORATION ACT | HB440

2013 Green Tie Winners Announced

Thu, 09 May 2013 07:00:00 +0000

For immediate release: May 8, 2013

Contact: Dan Crawford, Director of Governmental Relations, NC League of Conservation Voters; dan@nclcv.org, 919-839-0020 or 919-539-1422

RALEIGH – NC League of Conservation Voters announced today the recipients of its annual Green Tie Awards. The Green Tie Awards honor legislators and leaders who have stepped up, spoken out, and carried water for environmental issues at the General Assembly. Whether it’s sponsoring pro-active legislation that will help clean up or protect our communities statewide, or being a consistent voice and vote for better environmental policies, these awards are a way to recognize the true environmental champions.

2013 Defender of the Environment – Representative Deborah Ross

The Defender of the Environment award honors Rep. Ross’ consistent willingness to defend against bad environmental legislation, the pollution lobby, and her commitment to taking a strong stand to defend our communities against environmental degradation.

2013 Senator of the Year – Senator Dan Blue

The Senator of the Year award recognizes Senator Blue’s consistent ability to prioritize protecting our environment when making hard decisions, his long-time and effective willingness to engage with the environmental community, and providing real leadership over the years on key issues at the intersection of environment and social justice.

2013 Representative of the Year – Representative Susan Fisher

The Representative of the Year award recognizes Rep. Fisher for her sponsorship and votes for sound environmental legislation, being proactive on environmental issues, and her notable environmental record.

Catalyst Award – Sue Sturgis, The Institute for Southern Studies

The Catalyst Award is presented to Sue Sturgis for her long history and strong commitment to educating the public about important environmental issues. Through her media coverage, she has taken exceptional action to create change and to bring attention to actions threatening North Carolina’s environment and quality of life.

Of particular interest this year is the absence of any Rising Stars. These awards recognize new voices at the General Assembly that North Carolina citizens can count on to ensure the environment is a priority. Environmental efforts were hit hard last session, and the anti-environmental theme is continuing this session. North Carolina needs stronger pro-environmental leadership from freshmen and sophomore decision-makers to fight or slow the onslaught of bad legislation.

Official presentation of the awards will take place on May 29 at NCLCV’s Annual Green Tie Awards Dinner in downtown Raleigh. The event is attended by business, environmental, and political leaders from across the state. Details and registration here.

NC League of Conservation Voters is a statewide lobbying organization dedicated to protecting, preserving, and enhancing North Carolina’s natural environment. NCLCV has been working to protect North Carolina’s environment and our citizen’s health for over 40 years, turning environmental values into North Carolina priorities. NCLCV’s vision for the future of North Carolina is that all citizens and our elected decision-makers will better understand and appreciate North Carolina’s unique natural environment, and the integral role it plays in North Carolina’s economy and quality of life.

Conservation PAC endorses former Representative Grier Martin

Mon, 06 May 2013 11:00:00 +0000

FOR IMMEDIATE RELEASE: May 6, 2013

CONTACT: Dan Crawford, Director of Governmental Relations, NC League of Conservation Voters; dan@nclcv.org, 919-839-0020 or 919-539-1422

RALEIGH—NC League of Conservation Voters’ (NCLCV) Conservation PAC (CPAC) announced today its endorsement of former four-term legislator Grier Martin for the House District 34 seat being vacated by Representative Deborah Ross.

“Although we are sad about Rep. Ross’ departure, to know we have the potential to fill her shoes with someone with the dedication and commitment of Grier Martin is exciting,” said Dan Crawford, director of governmental relations for NCLCV. “Grier understands protecting our state’s natural heritage goes hand in hand with rebuilding our fragile economy.”

“I am honored to have the support of NCLCV. I look forward to continuing to defend the air we breathe and the water we drink,” said Grier Martin.

NCLCV has endorsed Rep. Martin in all of his previous campaigns for state legislature. He has a lifetime score of 96% on NCLCV’s Conservation Scorecard.

NC League of Conservation Voters is a statewide conservation organization dedicated to protecting the health of our communities and natural resources. NCLCV established its non-partisan CPAC to support legislators who will protect the health and future of North Carolinians by being good stewards of our air, water, and land.

CIB 05/06/2013

Mon, 06 May 2013 09:00:00 +0000

The theme of lawmaking in Raleigh this past week seems to have been "democracy is for chumps." This week in CIB:

Legislative Watch: Anti-Environmental Forces Strike Back
Administrative Watch: MEC Maneuvers
Education & Resources: Small Nuclear Reactors--Same Problems?

Legislative Watch: Anti-Environmental Forces Strike Back

What do you do when you're running the show and you don't have the votes to pass a bad bill you support? If you're in the Senate Finance Committee last week, you call a vote and then refuse to count the votes.

Legislation gutting North Carolina's developing renewable energy economy had been slapped down on a close but clear bipartisan vote for clean energy in a key House committee week before last. The voices of business in our state--ones already benefiting from the jobs and growth opportunities of clean energy, and others getting ready to move forward--were key in this victory for common sense.

Ignoring those voices, the Senate Finance Committee last week "passed" SB 365, the Senate analogue to the House bill defeated in committee just the week before. We put "passed" in quotes, since Committee Co-Chairman Bill Rabon (R-Brunswick) declared the measure approved on a voice vote that to many seemed to go the other way, and immediately adjourned the committee while ignoring calls for what would normally be a routine head count of those voting.

This exercise in undemocratic process inspired one participating committee member, Sen. Josh Stein (D-Wake), to issue his widely-quoted protest comment, "North Carolina is not a banana republic!" Hmmm--perhaps that conclusion has become a debatable proposition.

Like its House counterpart, SB 365 would halt and eventually repeal North Carolina's landmark Renewable Energy Portfolio Standard (REPS). REPS requires the state's electric power utilities to produce a minimum percentage, increasing over time, of their electricity from renewable energy resources. It is credited with the rapid growth of solar electric production in our state, and an accompanying plunge in the costs of that solar electric generation. It is seen as poised to produce not only continuing gains there, but also electric generation from other sources like wind and farming wastes.

It's ironic that North Carolina legislators are seeking to repeal its successful REPS-inspired renewable energy effort, while other states like Colorado are expanding their own. Colorado's standard is already more ambitious than ours--its investor-owned utilities are headed for a 30 percent REPS, compared to North Carolina's existing goal of a modest 12.5 percent.

The victory in the House Public Utilities Committee week before last left anti-environmental groups like Americans for Prosperity furious. The anti-clean energy groups are counting on North Carolina to serve as their first victory in a campaign to repeal clean energy policies in over 20 states around the nation. And at this point it's clear that if they can get away with it, they won't let little things like counting the 'yays and nays' get in their way.

Meanwhile, another challenger for the title of "worst bill of the year" greased its way through the Senate: SB 612, "Regulatory Reform Act of 2013", an omnibus of awful provisions designed to strip away decades of environmental progress in North Carolina in one sorry slash. Among its worst provisions:

Requires the repeal or revision of all existing state environmental rules that are more stringent than federal minimums.

Reaches even further down in stripping away the workings of democracy, by barring local rules or standards that exceed federal or state minimums, and requiring the elimination of existing such requirements.

Allows power plants to contaminate groundwater below drinking water supplies.

Extends the allowed maximum length of air and water permits to 10 years, and cuts in half (to 30 days) the time allowed for affected citizens to appeal the issuance of permits which would injure them or their property.

Opposing lawmakers and analysts across the state point out that this strip-back approach turns the principles of federalism (not to mention common sense) on their head. No longer would state agencies or local governments be able to craft approaches to fit special state-level or local health problems and environmental needs. Instead, public health and our air, water, land, and wildlife would be thrown under the bus of the lowest common denominator thrashed out in the broken legislative hallways of Washington.

The Salisbury Post points out that under this radical dumbing-down of environmental protections, the landmark Clean Smokestacks Act could never have been created. (That's the law responsible for much of the clean air progress in our state over the past decade.) Its editorial goes on to calmly explain, "Federal regulations — which have faced their own headwinds in an anti-regulatory environment — were never intended to be the only bulwark against environmental degradation. Instead, they set a broad framework — a national baseline — for environmental protection in specific areas such as air, water and wetlands. When the federal Clean Air Act was passed decades ago, it gave state and local agencies a lead role in enforcement because they had the most thorough knowledge of local industries, geography, travel patterns and the like. That’s just as true today."

Will the short-sighted thinkers driving this train wreck of legislation pay any attention to the voices of reason and moderation? Perhaps their House colleagues will do so, depending upon what they hear from their own constituents. Stay tuned to the upcoming debate in the House.

Administrative Watch: MEC Maneuvers

Over on the executive branch side of state government, public transparency seemed to be the chief loser in last week's deliberations. The state Mining and Energy Commission (MEC) had been set to vote on Friday on a proposed rule reported out from its Environmental Standards Committee on the standards to be applied to chemicals used in drilling fluids for the fracking process.

Those standards would control what chemicals can be used in the drilling fluids, and when and how they have to be disclosed to public oversight agencies. These questions can be critical because drilling fluids are a chief source for potential severe contamination of groundwater supplies from the fracking process.

Instead of the long-anticipated vote, however, the proposed standards were abruptly pulled from the commission's calendar, as set by MEC Chair James Womack. Womack's action came in response to late objections to the disclosure requirements raised by industry giant Halliburton, which manufactures the fracking fluids. Halliburton's objections were backed up by the Dept. of Environment and Natural Resources (DENR) officials in charge of DENR staff work on fracking regulation.

Several MEC members objected to the move. Raleigh lawyer Charlotte Mitchell said that the Halliburton and DENR staff concerns should have been brought to discussion before the MEC committee while it was deliberating. Not all the members were disturbed, however. MEC commissioner Vik Rao waved off any concerns regarding open process. Rao, a former chief technology officer at Halliburton, is clearly privy to the thinking of his former employer and of the view that the rest of us need not concern ourselves with the matter of process.

We suppose we should just trust Uncle Hal to know and do what's best for us, right?

Education & Resources: Small Nuclear Reactors--Same Problems?

The Southern Alliance for Clean Energy (SACE) will hold a webinar to explore issues connected with the costs and risks involved with proposed new small modular nuclear reactors. The webinar is scheduled for Thursday, May 30, at noon. For more info and to register, see here.

That's our report for this week.

Can NC legislative drive to kill environmental rules boost business?

Fri, 03 May 2013 06:00:00 +0000

North Carolina lawmakers say overly restrictive regulations are harming the state’s ability to attract and retain businesses.

That’s the driving force behind recent bills that propose to roll back local government’s control over development, growth and the environment, says Andrew Brock, a six-term Republican senator who represents Davie, Iredell and Rowan counties.

Brock says his constituents are telling him that cities have gone too far.

“Our citizens are petitioning their state legislatures for relief,” he says. “They are not getting any from the city. So they go to the county, and they can’t get it from the county.” Brock says he hears concerns from businesses losing money from delays in getting environmental permits and the burdens of over-regulation. And that’s hurting economic development in urban areas.

“They know they are losing business,” Brock says. “In Charlotte, they know they are moving across the border. Why do we make it tougher for people to hire people? If unemployment is the No. 1 issue, why don’t we try to help that?” But Mary Maclean Asbill, senior attorney for the Southern Environmental Law Center, says there’s insufficient evidence that environmental regulations are to blame, much less whether there’s a problem with the state’s business climate at all.

“We keep hearing — and this was through the last session as well — that some legislators say that environmental regulations kill jobs,” Asbill says. “That we are not business-friendly. That we are just over-regulated and it’s killing jobs for North Carolina.” Asbill argues that companies are flocking to North Carolina, not fleeing.

Indeed, several recent reports rate the Tarheel State as among the best for business.vSite Selection magazine ranked North Carolina as No.1 for Top Business Climate in 2012.

Ease of permitting and regulatory procedures was one of 10 factors weighed in choosing the . In December, Forbes named North Carolina as the fourth-best state to do business in. The business magazine rated the state third when it came to a regulatory environment that helped companies but only 34th when it came to quality-of-life factors.

Business news network CNBC also named the state as the fourth-best state for business in 2012, while North Carolina placed third in Chief Executive’s eighth annual survey of CEO opinions on the “Best and Worst States” to do business.

Dan Crawford, director of governmental relations for the North Carolina League of Conservation Voters, says the state Chamber of Commerce and industry in general has a lot of influence on state legislators, “but only because of philosophical leanings of members.” “Some of it is just ideological,” Crawford says of the lawmakers. Most are in their first or second terms and advocate less government control, especially when it comes to the environment.

And state legislators are using their powers in Raleigh to reduce the control of cities, towns and counties.

On Thursday, the Senate was poised to pass Senate Bill 612, of which Brock is one of the sponsors. The Regulatory Reform Act of 2013 is considered one of the most sweeping measures out of Raleigh to limit local government.

The bill — if approved by the House and signed into law by the governor — would undo a range of environmental protections enacted by Charlotte.

The bill establishes the “fast-tracking” of environmental permits by eliminating city review of development applications that are submitted under seal by a certified engineer.vThe Real Estate and Building Industry Coalition, known as REBIC, supports the legislation.

“We will still have stormwater regulations,” says Joe Padilla, REBIC executive director. “But it would require the city to come back to a level that’s consistent to what the state or Department of Environment and Natural Resources requires.” Padilla says the city’s PCCO rules have made it difficult for companies to redevelop older, existing sites because of requirements to add flood controls.

The Charlotte Chamber hasn’t taken a position on SB612 yet. But it plans to meet soon with its land-use committee, composed of members of the development community.

“It’s not coming from us, but it could be coming from elsewhere in the development community,” chamber President Bob Morgan says of the environmental reform bill. “It may be that our members are very interested in what this legislation is trying to do. It may be that it’s not the best answer.” Morgan says the chamber has had to be reactive to bills “that we haven’t seen coming in advance.” “It is coming at a rapid pace,” Morgan says of the legislation being considered in the General Assembly. “It is coming with issues beyond what anybody ever talked about on the campaign trail, what they have ever talked with us about, and so keeping up with it is a challenge.”

Could NC strike down Charlotte laws years in making?

Fri, 03 May 2013 06:00:00 +0000

Is the Great State of Mecklenburg about to become no more? North Carolina lawmakers are pushing through a raft of bills that could strip Charlotte, Mecklenburg County and municipalities across the state of some of their long-held local controls, from oversight of airports and annexation to the management of development, growth and environmental regulations.

The Republican majority that controls both the N.C. House of Representatives and the state Senate says it has a mandate to curb unnecessary government restrictions.

But the work under way could, in many cases, redirect and dismantle anything and everything that is Charlotte.

Raleigh wants to transfer the city’s control of Charlotte Douglas International Airport to an independent regional authority. Local business taxes that help feed the city’s coffers could be cut or killed.

Charlotte’s ability to annex would be restricted under one bill. Another proposal requires local governments to seek approval from the N.C. Building Code Council before requiring routine and regular property inspections if the requirements go beyond the existing state code.

And many city environmental regulations that took municipal staffers and stakeholders years to craft may be wiped out with the passage of a single piece of legislation — Senate Bill 612.

The bill would unravel local laws dictating erosion control, post-construction controls, stream buffer protections, nutrient controls and stormwater detention. And the bill establishes the “fast-tracking” of environmental permits by eliminating city review of development applications that are submitted under seal by a certified engineer.

Local knowledge

The lawmakers’ drive to diminish Charlotte’s regulatory authority comes with direct involvement from the local delegation.

Republican state Sen. Bob Rucho and Reps. Ruth Samuelson and Bill Brawley are sponsors of the airport bills. Democratic state Sen. Dan Clodfelter introduced the companion legislation to House Bill 150 that would pre-empt the Charlotte Mecklenburg Planning Department from establishing design standards for single-family homes and duplexes. Brawley of Matthews also is sponsoring a bill that would repeal Charlotte’s new rental property ordinance. The city law calls for mandatory registration of all rental properties, which allows police to notify building owners and landlords of crimes committed on their properties.

“People forget the city operates with delegated authority from the state,” Samuelson told the Charlotte Business Journal last month. “As Republicans in the House, we philosophically support local control. Our bent is to want to give the cities more control, more flexibility. The challenge does come when you see a city that, maybe because of political ideological differences, may not be addressing things that we think need to be addressed.” All this comes at a time when key members of the N.C. General Assembly hail from Mecklenburg.

Republican Rep. Thom Tillis of Cornelius is speaker of the House. Samuelson, a former Mecklenburg county commissioner who is now in her fourth term in the House, holds the position of Republican conference leader. Former Charlotte City Councilman Clodfelter, in his eighth term in the Senate, co-chairs the Democratic Caucus. Rucho has clocked more than seven terms in the Senate.

And, of course, the man in the governor’s office — Pat McCrory — led Charlotte as mayor for 14 years.

“Voters elected legislators who want to limit, not maintain or expand, the powers of local governments, so that is what legislators are doing,” says Charlotte City Councilman Warren Cooksey, a Republican.

Power shifts

It’s the younger members of the General Assembly who have banded together as a driving force, observers say. The lawmakers supporting these bills are less experienced — more than half of the state legislators are in their first or second terms. And, for the first time in a century, Republicans rule every branch of N.C. government.

“I think we are in the midst of a very profound transition of power,” says Bob Morgan, president of the Charlotte Chamber. “There is a new majority. It is a supermajority that in many instances is interested in turning the status-quo on its head simply for the sake of doing that. That’s part of what we are dealing with. And I’m not saying that’s all bad. In many cases, the status-quo needs to be challenged. There’s no doubt about that.” Morgan will be traveling with local business leaders on a chamber-led advocacy trip to Raleigh on Wednesday.

“This legislature is going to relate to cities of North Carolina in a much different way than in the past,” he says. “And that’s a reality we all have to get use to. And figure how to operate within that new reality.” The newcomers have come to Raleigh with a mandate that is ideological at its core — the less government, the better — says Dan Crawford, director of governmental relations for the N.C. League of Conservation Voters.

“It feels like they are trying to make up for being out of power the past 100 years in two years,” Crawford says. ”And they are not listening to anyone. Their minds are made up.” That’s a concern echoed here and elsewhere by lobbyists and officials who say negotiation and compromise is an endangered art in Raleigh.

“It seems that they just want whatever they want to do here in Raleigh,” says Mary Maclean Asbill, senior attorney for the Southern Environmental Law Center. “There’s a lot of cities that feel like the General Assembly is beating up on them.” Asbill says that if the environmental rules are rolled back, it could take years to undo the damage.

“If you pollute the water and you pollute the air, it’s going to take a lot of money to clean it up,” she adds. “They argue they don’t like big government. They’re tired of all this bureaucracy.

But then they go and do something like they are doing in SB612. And that’s as big-government as you can get — to tell local municipalities and counties they can’t regulate their environmental issues in the way that they need to.” City lobbyist Dana Fenton says it’s too early to say these bills are guaranteed to damage the city’s ability to regulate. “It’s too soon in the process to say things are really bad or not,” Fenton says. “We have two months to go. There’s still a lot of time.” Bills introduced and passed in one chamber of the general assembly must still survive the “crossover” process. That’s means proposed legislation that may be passed in the Senate will still need approval from the House, and vice versa. It’s during this time that many bills are significantly altered or eliminated. “These bills are statewide,” Fenton says of the proposed legislation that roll back municipal authority. “It’s not just one (city) affected but many others.”

Eroding environmental rules.

The N.C. League of Conservation Voters says more than 1,730 bills have been introduced this session, The organization is tracking about 5% of them because of some impact on the environment.

“Obviously some are major pieces of legislation, while others are minor,” the league’s Crawford says. “But you watch them all to make sure nothing bad pops up.” At the top of the list: Senate Bill 612, which poses potentially the single greatest threats to Charlotte and other local governments’ control over regulation affecting development and growth. It’s also one of the most sweeping bills of many related to the environment.

The bill defaults stormwater, sediment and erosion regulations to state and federal baseline rules. But rules that apply in the state’s coastal areas, for example, won’t work for the different challenges presented in the mountains or in urban areas such as Charlotte, says Daryl Hammock, manager of the city’s water-quality program.

“We think that having a one-size-fits-all approach is a mistake,” Hammock says. “That’s why locally specific ordinances are so important.” This bill, if approved, would directly affect the city’s post-construction stormwater ordinance. A revamp of those regulations went into effect in 2008 and then were revised again in 2011.

The city had worked with stakeholders since 2004 to overhaul the stormwater rules. It was a contentious process that frustrated developers and environmental advocates alike.

The work consumed a tremendous amount of time and resources from both the city and county staff during the four-year period. Those efforts included development of a manual, a countywide model ordinance and support from elected officials.

During the process, the city estimated the incremental cost to regulate one part of the PCCO above the state minimum at about $71 million across the city over 30 years. But future projections on restoring and stabilizing streams were estimated at a $580 million cost during the same period. The city says it was looking at one neighborhood flood-control project that would have cost $3.2 million alone that the new stormwater rules helped mitigate.

“The city thought it better to pay upfront to avoid environmental and flooding problems, than to pay to fix them later and at a much higher public expense,” says Keith Richardson, a city spokesman.

Adding it up

The city says 22 Charlotte and Mecklenburg County employees plus three firms under contract contributed an aggregate of 38,536 hours on the PCCO update for a total estimated cost of $3.1 million. And that doesn’t include the input of representatives from development companies, neighborhoods or advocacy groups that participated in the years-long process.

That work would be effectively eradicated if SB612 becomes law. The bill also calls for “fasttracking” environmental applications by way of a self-permitting process.

That means, if a permit application includes plans sealed by a professional engineer, stating the plans comply with predefined minimum design criteria, then the permit must be accepted without a technical review by the local government staff, according to the city.

That’s a boon to many developers frustrated with wait times and conflicting opinions from staff on environmental permits.

“It should go back to state levels,” Andrew Brock, a six-term Republican senator who represents Davie, Iredell and Rowan counties, says of municipalities that have stricter environmental regulations. “Some of the regulations that have been put in place have cost millions of dollars in business loss. And job loss, because of excessive regulation.” But Hammock warns of unintended consequences of allowing plans to move forward without city review. A project that’s built out-of-compliance will still be subject to city fines and other actions, he says.

“It should make an engineer nervous,” Hammock says.

Brock says the bill — titled the Regulatory Reform Act of 2013 — is necessary to keep businesses from leaving North Carolina.

“We’re trying to make some more common-sense recommendations,” Brock says of environmental regulations in the state. “We look at things in practice and find that these are actually hurting the cities more because businesses can’t compete.” Brock says the state already has sufficient safeguards in place.

“North Carolina has pretty strict rules,” he says. “They’re much more restrictive than any federal rule.”

Power play

These are some of the bills in play in the N.C. General Assembly that could strip Charlotte of parts of its governmental powers or reduce local revenue:

Charlotte Regional Airport Authority Act

Senate Bill 81 and House Bill 104 proposed to transfer control of Charlotte Douglas International Airport from the city to an independent authority composed of 13 members. The bill has passed the Senate and awaits a review by House members.

Regulatory Reform Act of 2013

Senate Bill 612 would eliminate any local law that sets environmental protections that are stricter than state or federal law. For Charlotte, that would roll back rules for erosion control, post-construction controls, stream buffer protections, nutrient controls and stormwater detention. The bill would also “fast-track” environmental permits by eliminating city review of development applications that have been certified by an engineer.

Zoning/Design & Aesthetic Controls

Democratic state Sen. Dan Clodfelter introduced SB139, the companion to House Bill 150, which prevents counties and cities from establishing design standards for single-family homes and duplexes in most cases.

Rental Property Ordinances

Republican Rep. Bill Brawley of Matthews sponsored House Bill 773, which would repeal Charlotte’s rental property ordinance that went into effect Jan. 1. The city law calls for mandatory registration of all rental properties, which allows police to notify building owners and landlords of crimes committed on their properties.

Tax Reform

Legislation still in the early stages could cut or kill locally imposed taxes, including business privilege license taxes (Senate Bills 363 and 394). Other bills target personal and corporate income tax rates, franchise taxes and sales taxes.

CIB 04/29/2013

Mon, 29 Apr 2013 09:00:00 +0000

Finally, a significant state legislative win for the environment. This week in CIB:

Legislative Watch: Clean Energy Repeal Defeated
Environomics: Surge in Renewables May Explain Opposition
Education & Resources: Lung Association Releases 'State of the Air'
Conservationists: Green Tie Set for May 29

Legislative Watch: Clean Energy Repeal Defeated

The N.C. House's Public Utilities Committee last week slapped down legislation which would have gutted the state's booming renewable energy industry, by a surprisingly strong 18-13 margin. A truly bipartisan coalition including three key Republican leaders (and six overall) blocked HB 298, which would have repealed North Carolina's REPS (Renewable Energy Portfolio Standard).

REPS requires the state's electric power utilities to produce a minimum percentage, increasing over time, of their electricity from renewable energy resources. It is credited with the rapid growth of solar electric production in our state, and an accompanying plunge in the costs of that solar electric generation. It is seen as poised to produce not only continuing gains there, but also electric generation from other sources like wind.

Support from businesses already in North Carolina and providing jobs and economic growth was key to blocking HB 298. Rep. Tim Moore (R-Cleveland) said, "I would have had a difficult time talking to a CEO who just brought 300 jobs to Cleveland County [and telling him] that I'm going to vote to eliminate this program that justified their investment." Moore's comment referred to a $27 million manufacturing plant being developed in Shelby by a company that makes mounts and brackets for solar farms. Moore chairs the House Rules Committee. Other House Republican leaders voting against HB 298 were Conference Leader, Rep. Ruth Samuelson (R-Mecklenburg), and House Appropriations Committee Chair, Rep. Nelson Dollar (R-Wake).

The stinging defeat of HB 298 left representatives of anti-environmental groups like Americans for Prosperity furious. The anti-clean energy groups were counting on North Carolina, where they have an unusual degree of influence through strings pulled by State Budget Director Art Pope, to serve as their first victory in a campaign to repeal clean energy policies in over 20 states around the nation. Instead, they are left scrambling for a way to reverse the momentum-killer of a sharp defeat in a committee chaired by the bill's own principal sponsor.

NCLCV Director of Governmental Relations Dan Crawford said, "We would like to thank all the members who voted to support a robust and bright clean energy future for North Carolina." Those members of the House Public Utilities Committee who voted against HB 298 were Representatives Alexander, Dockham, Dollar, Earle, Gill, Hall, Hamilton, Hanes, Harrison, Jeter, Johnson, Lucas, Luebke, R. Moore, T. Moore, Pierce, Samuelson, and Wray.

Environomics: Surge in Renewables May Explain Opposition

It's a puzzler: With renewable energy production surging in North Carolina, nationwide, and around the globe, why is a narrow but powerful opposition trying to halt and reverse state laws that are helping to enable the surge?

Perhaps this is one of those cases in which the question itself provides the answer. Annually, global new investment in renewable energy now essentially matches new investment in fossil fuels, and is predicted to further increase enormously, tripling by 2030.

Not everyone is pleased by that trend. Individuals and groups dependent on the flow of cash into their fossil fuel enterprises are fighting to maintain their relative wealth and power over the energy market. They understand that once they've lost their stranglehold, they will never get it back.

If that breaking point isn't already past, certainly it is very close. Duke Energy's own subsidiary, Duke Energy Renewables, which holds most of Duke's renewable energy investments, already owns about 1,700 megawatts. Most of that is in wind, and it also includes seven solar farms in North Carolina and several in other states. Duke now projects that it will have 6,000 megawatts in total renewable generation by 2020. By comparison, Duke (one of the nation's most nuclear-intensive companies) has a total nuclear generation portfolio of just 10,000 megawatts.

As we have noted in previous bulletins, the national and state groups spearheading the current wave of attacks on investment in renewable energy (like REPS, the Renewable Energy Portfolio Standard) tend to be heavily funded by sources using oil and coal company money.

Taken in this context, the rationale behind this furious attack on tools like REPS that are working to increase clean energy generation becomes clearer. The oil and coal industries have a grip on our wallets and they want to keep it--and they're paying generously through a network of lobbyists, "think tanks" and political operatives in their bid to do so.

Education & Resources: Lung Association Releases 'State of the Air'

The American Lung Association last week released its 2013 'State of the Air' report on air pollution in the United States. This 14th annual report found progress nationally on air quality, but also noted that 42% of Americans still live in counties that have unhealthy levels of either ozone or particulate pollution.

Among other content, the online version of the report offers an interactive function allowing browsers to check their home counties' status on these pollution issues. Several counties and metro regions in North Carolina made the failing-grade lists for one or another problem. To review the report and research your local results, see here.

Conservationists: Green Tie Set for May 29

Make your plans now to take part in the 2013 NCLCV Green Tie Awards Dinner in Raleigh the evening of Wednesday, May 29. Help honor the environmental heroes fighting to protect our health, land, air, water and wildlife in a very tough legislative environment. For more details and to register, go here.

That's our report for this week.

HotList 04/25/2013

Thu, 25 Apr 2013 09:45:00 +0000

Friends,

This has been a tough week personally for me as I have dealt with the unspeakable tragedy suffered by the Hahn family.

However, one bright spot was the sounding defeat of H298 yesterday in House Public Utilities.

NCLCV would like to thank the following members for their support of a North Carolina with a robust and bright clean energy future.

Rep. Alexander, Rep. Dockham, Rep. Dollar, Rep. Earle, Rep. Gill, Rep. Hall, Rep. Hamilton, Rep. Hanes, Rep. Harrison, Rep. Jeter, Rep. Johnson, Rep. Lucas, Rep. Luebke, Rep. R. Moore, Rep. T. Moore, Rep. Pierce, Rep. Samuelson, Rep. Wray

NCLCV would welcome more true bipartisan efforts to support our environment. This vote demonstrates that a balance can be reached to help protect our natural environment and rebuild our economy. Environmental safeguards must go hand in hand with investing in our economy; and our economy only grows stronger by making sound environmental decisions.

Again, hats off to the above members, we look forward to working with you on continuing to build the future of clean energy in North Carolina.

Best,
Dan Crawford | dan@nclcv.org

Oppose

HB120 BLDING CODES: LOCAL CONSISTENCY/EXEMPT CABLE | SB108

SB108 BUILDING INSPECTIONS/LOCAL CONSISTENCY | HB120

Support

HB440 NORTH CAROLINA BENEFIT CORPORATION ACT | SB99

SB99 NORTH CAROLINA BENEFIT CORPORATION ACT | HB440

For the summary and a link to the entire report, see here.

CIB 04/22/2013

Mon, 22 Apr 2013 09:00:00 +0000

News from multiple directions points to the importance of maintaining our commitment to renewable energy development. This week in CIB:

Legislative Watch: Conservatives and Businesses Challenge REPS Repeal
Administrative Watch: Opposition Grows to Duke Rate Hike
Climate Change Update: US Greenhouse Gas Emissions Decline
Education & Resources: A Short History of Craziness
Conservationists: Green Tie Set for May 29

The staff and volunteers of NCLCV join this week in honoring the victims and heroes of the Boston Marathon bombings and their aftermath, including all those responsible for the identification and capture of the perpetrators.

Legislative Watch: Conservatives and Businesses Challenge REPS Repeal

Lawmakers considering the repeal of North Carolina's Renewable Energy Portfolio Standard (REPS) through HB 298 need to be aware that they're not just acting foolishly according to conservationists and clean energy advocates.

They're also considering a boneheaded move according to conservatives and small business advocates.

No one can reasonably challenge the Conservative credentials of Carter Wrenn, the co-founder and long-time leader of Jesse Helms' National Congressional Club and its successors. So when he calls attention to a conservative Republican legislator's persuasive case in opposition to HB 298, the hysterically mis-named "Affordable and Reliable Energy Act", responsible conservatives in the General Assembly ought to take serious note. As Wrenn points out, when the REPS policy under attack now was passed in 2007, George Bush (not Barack Obama) was president, and the bill containing REPS was supported by none other than Sen. Phil Berger, Rep. Thom Tillis, and nearly every other Republican in the legislature at that time.

Meanwhile, there are genuine small businesses in our state, existing here as part of (and only because of) the renewable energy boom growing out of the creation of REPS. They point to the existing and future jobs and economic growth dependent on renewable energy. Hundreds of new solar and other renewable energy businesses are pumping many millions of dollars into our state's economy to make us already the number two state in the nation for new clean energy jobs last year. There's more to come--unless HB 298 cuts off this much-needed source of jobs and economic growth. N.C. Sustainable Energy Association spokesperson Betsy McCorkle said, "If H298 passes, it will virtually eliminate the market for new renewable energy projects, since a free market does not exist where clean energy can compete head to head with the utilities. This will mean no new investments or jobs from clean energy in North Carolina. We will lose our competitive advantage with other states, and the jobs and investments will start going to our neighbors in South Carolina, Georgia, Tennessee and Virginia. [If it passes,] House Bill 298 signals that the rules are changing and clean energy investments are no longer welcome here."

Administrative Watch: Opposition Grows to Duke Rate Hike

The latest Duke rate hike request is facing growing opposition in front of the N.C. Utilities Commission (NCUC). The NCUC has approved the N.C. League of Municipalities' motion to intervene as a party in that case, representing cities and towns whose budgets would be strained further by yet another electric bill increase.

It appears that the Duke Energy plan to march its growing power plant construction costs through a recumbent state government and a placid public is not going as planned. State legislators and administration officials banking on an unchallenged blank check to Duke for more nuclear and coal plants need to reconsider, fast.

Climate Change Update: US Greenhouse Gas Emissions Decline

The newly released EPA greenhouse gas emissions inventory shows that fuel efficiency standards and the ongoing shift to less polluting sources of power production are beginning to produce results in controlling American emissions of greenhouse gases.

"U.S. emissions decreased by 1.6 percent from 2010 to 2011. Recent trends can be attributed to multiple factors including reduced emissions from electricity generation, improvements in fuel efficiency in vehicles with reductions in miles traveled, and year-to-year changes in the prevailing weather," states a key summary point. The report also notes that emissions declined even further in the time between 2005 and 2011 as a whole--6.9 percent.

Education & Resources: A Short History of Craziness

How did North Carolina enter the realm of national laughingstocks on climate science?

An enlightening article in Earth magazine recounts the history of anti-scientific distortion in the "debate" on sea-level rise in North Carolina. (Earth is a publication of the American Geosciences Institute.)

Alas, this is not an isolated incident. Followers of scientific denial are now in positions of power in both the legislative and executive branches of our state government. The fight for basing our environmental, energy, and natural resource policy decisions on sound science is an ongoing fight for the future of our state.

Conservationists: Green Tie Set for May 29

HotList 04/17/2013

Wed, 17 Apr 2013 09:45:00 +0000

Friends,

Like many of you, my thoughts and prayers have been with the folks in Boston this week. Just last year, my family vacationed in Boston and Cape Cod and stayed a couple of blocks from the blast site. My four year old noticed the coverage, and asked about what happened. I told her, and the message I hope she took from it was no matter what happens, always look for the good. There is always good happening: police immediately rushing toward the explosion to help, strangers helping strangers, a former NFL player carrying a woman to a waiting ambulance…there is always good to be found.

I will keep the Hotlist short this week. Once again, I want to highlight H298, Affordable and Reliable Energy Act which would essentially repeal Senate Bill 3 (2007 legislation referenced below). To do so, I will rely on a blog post from my conservative friend Carter Wrenn, and share with you some of what he wrote:

So I looked up that 2007 bill and an odd fact popped up right away: George Bush was President when that bill passed. Then a second fact leaped off the page: The most rock-ribbed conservative in the legislature, Phil Berger, had voted for that bill. As had Thom Tillis, Tom Apodaca, Skip Stam, Robert Pittenger and just about every other Republican in the General Assembly.

Head over to www.talkingaboutpolitics.com if you want to read the entire post.

Please vote No on H298.

Best,

Dan Crawford | dan@nclcv.org

Oppose

HB120 BLDING CODES: LOCAL CONSISTENCY/EXEMPT CABLE | SB108

SB108 BUILDING INSPECTIONS/LOCAL CONSISTENCY | HB120

Support

HB440 NORTH CAROLINA BENEFIT CORPORATION ACT | SB99

SB99 NORTH CAROLINA BENEFIT CORPORATION ACT | HB440

RTI International calculates that REPS (Renewable Energy Portfolio Standard) is already saving consumers money, and that those savings will continue to grow (unless legislators pull the plug on REPS).

CIB 04/15/2013

Mon, 15 Apr 2013 09:00:00 +0000

A major state bill filing deadline produced both good ideas and foolishness rushing in. This week in CIB:

Legislative Watch: Filing Rush
Judicial Watch: NC Supreme Court Rejects Duke Rate Hike
Washington Watch: Cabinet Hearings
Education & Resources: Renewables Lower Costs; Beach Wind
Conservationists: Climateers Converge on Raleigh

Legislative Watch: Filing Rush

The N.C. House bill filing deadline was last week, following closely a Senate deadline the week before, and they saw the usual rush of introductions just under the wire. Some were welcome notions, environmentally speaking, while others were not.

Among the foolishness recently rushing in:

HB 632, the "Property Owners Protection Act", would put a thumb on the scales of justice in opposition to any broad interpretation of a state or local law or rule which restricts "the free use of land." Successful court challenges by a property owner would result in the local government or state agency coughing up the challenger's attorneys' fees (thereby encouraging challenges). This is legislation designed to force timidity in efforts to protect the public and neighbors from destructive or poorly located land uses.

SB 612, yet another "Regulatory Reform Act of 2013", would stomp on local (city and county) ordinances that seek to protect community health and environment beyond the bare-bones state and federal minimums. It would also shred the long-established Tar-Pamlico riparian buffer protections, and add an easy way for any polluter whose ox is being gored by an existing regulation to bring it up for yet another inquisition in front of the Rules Review Commission.

Meanwhile, some of the good ideas with bipartisan backing:

HB 848, the "NC Toxic-Free Kids Act", would bar the manufacture and sale of children's products containing certain toxic materials. It also directs the Dept. of Environment and Natural Resources (DENR) to create a list of chemicals of high concern to be reviewed and revised on a triennial basis.

HB 780, "Study Antibiotics Fed to Livestock", would direct state agencies to study the use of antibiotic drugs in livestock production in the state. There's been increasing concern among the medical and scientific communities both about the effects on consumers of heavy use of antibiotics in the meat-production process, and on the rise of resistant strains of bacteria as a threat to public health, resulting from the broad overuse of antibiotics in our society.

Naturally, it's too soon to tell which ones of the good, the bad, and the ugly appearing at this stage can be expected to have legislative "legs"--but we note these among the ones to watch.

Judicial Watch: NC Supreme Court Rejects Duke Rate Hike

The North Carolina Supreme Court last week overturned the rate hike approved last year by the N.C. Utilities Commission (NCUC) for Duke Energy. The Court ruled that the NCUC had not given adequate consideration to the negative impact of the rate increase on consumers, and sent the matter back to the NCUC for further review and a new decision.

N.C. Attorney General Roy Cooper, who appealed NCUC's decision to the courts, told the media, "This is great news for consumers who spoke loudly and clearly on how hard this rate increase would hit their wallets."

Environmental and clean energy groups active in opposing the Duke rate hike requests blame Duke's expensive nuclear and coal plant construction program for its push to raise rates. In addition to the rate hike case just sent back to the NCUC for further review, Duke already has another 9.7% rate hike request pending before the NCUC. Duke and its recently acquired subsidiary Progress Energy have not been shy about forecasting a rolling set of rate hike requests as they try to drum up financial support for their power plant construction plans, and raise their stockholders' profits.

Media coverage of the Court's decision can be found here.

A link to the Court's full ruling can be found here.

Washington Watch: Cabinet Hearings

The U.S. Senate has confirmed Sally Jewell, President Obama's nominee for Interior Secretary. As discussed previously in CIB, Jewell is the CEO of Recreational Equipment Inc., the outdoor activities retailer which has a strong history of financial support for conservation work. Jewell won by an easy margin of 87-11. She is expected to continue the push of her predecessor (Ken Salazar) for development of wind, solar, and other renewable energy sources; and, she will have the immediate task of dealing with proposed rules on the hot potato of fracking.

The nominations of MIT physicist Ernest Moniz for Energy Secretary and EPA senior air pollution official Gina McCarthy for EPA Administrator have been heard in committee but not yet received votes. Analysts suggest that Moniz' path to confirmation appears smooth, but that McCarthy is drawing more fire for her work in crafting strong air emissions rules. (Climate Post, 4/11/13.)

Education & Resources: Renewables Lower Costs; Beach Wind

Renewables Lower Costs: Don't let the oil and coal industry propaganda about renewable energy raising your electric bills go unchallenged. That's the excuse they're giving state legislators for their self-interested push to eliminate the growing contribution of solar, wind, and other renewable resources and energy efficiency. We can fight back in part by spreading the facts from sources like these:

Tools like REPS are producing a boom in renewable energy production around the nation that is leaving more expensive sources like new nuclear construction in the shade.

Claims that renewables increase costs to consumers or are more expensive than fossil fuels are based on funny numbers coming from advocacy groups like ALEC which are bankrolled by the oil and coal industries.

Beach Wind: Another webinar on the potential of offshore wind--this time focusing on the South Carolina coast off the Myrtle Beach area--is coming up from the Southern Alliance for Clean Energy (SACE). It will be held Thursday, April 18, at 10 a.m. For more details and to register, go here.

Conservationists: Climateers Converge on Raleigh

Environmentalists from a number of groups will meet in Raleigh next weekend (April 20-21) for an event dubbed the "Climate Convergence on Raleigh" in a public education effort on climate change. Announced activities in Raleigh include speakers and panels on Saturday and a rally at the state legislature (Halifax Mall) on Sunday. Organizers have also announced that a caravan of cyclists will leave Boone on April 18, stopping for rallies in Winston-Salem and Greensboro on their way to Raleigh for the activities there. Details and contact information can be found here.

HotList 04/09/2013

Tue, 09 Apr 2013 09:45:00 +0000

Friends,

It looks like Spring is finally here and hopefully here to stay. My two and four year old little girls are enjoying the weather playing outside and throwing frisbee with the dogs.

I want to once again draw your attention to HB 298 Affordable and Reliable Energy Act. I laugh every time I read the name because I know that North Carolinians enjoy one of the lowest electric rates in the country. I checked my power bill the other day and did notice I was paying $0.42 extra this month for the Renewable Energy Standard. A small price to pay to help reduce the use of fossil fuels.

The new version of the bill is bad. Here are some of the low points from my friends at the Sierra Club:.

– Effectively caps the REPS at 6%. NC achieved 3% in 2012.

– Ensures there will be no further development of new renewable energy sources in a variety of ways. This PCS:

Allows any form of current or pre-existing renewable energy to be counted toward the REPS goals, essentially ensuring no further development of new sources.

Allows existing hydropower to count towards REPS.

Increases percentage of energy efficiency allowed to count towards the REPS so as to dilute development of renewables.

– Utilities keep concessions from the 2007 Senate Bill 3 negotiations: This PCS allows the utilities to keep the concessions and financial incentives that they received in return for their support for the renewables section of Senate Bill 3.

– No cost recovery for research: The exception to the expenditures that utilities may recoup is investments in research that would advance the development of renewable energy.

– Removes set-aside for solar: Deletes the most successful component of the REPS, the solar set-aside, while retaining the two unsuccessful components (swine waste and poultry).

NCLCV is adamantly opposed to any substantive changes to Senate Bill 3. If you want to take time to study the bill then proceed with a study, but not while making changes to the RPS.

Finally I will leave you with a great Op-Ed from the Winston Salem Journal that addresses H298. If you have any questions please do not hesitate to contact. Have a great week and enjoy the weather.

Best,

Dan Crawford | dan@nclcv.org

Oppose

HB120 BLDING CODES: LOCAL CONSISTENCY/EXEMPT CABLE | SB108

SB108 BUILDING INSPECTIONS/LOCAL CONSISTENCY | HB120

Support

HB440 NORTH CAROLINA BENEFIT CORPORATION ACT | SB99

SB99 NORTH CAROLINA BENEFIT CORPORATION ACT | HB440