WNC Legislative Issues – July 2015
Stop The Polluter Protection Bill (H765)
· Environmental Self-Audit Privilege and Limited Immunity, H765, §4.1.
This provision relies on industry to self-report environmental violations to the state and escape penalties. It would undercut the effectiveness of penalties and fines as a deterrent to future violations.
· Attorney’s Fees, H765, §1.4.
Provides for the recovery of attorneys’ fees when the state is the prevailing party in state litigation “based on environmental impact.” This provision would limit the ability of citizens to ensure enforcement of environmental laws when the state is not doing the job. State law already allows for recovering costs for frivolous lawsuits if the state believes the lawsuit was, in fact, unfounded. This provision does not help NC recover legal fees in federal cases – such as the costs associated with the federal Monroe Bypass or Bonner Bridge litigation.
· Intermittent Streams, H765 §4.31.
Eliminates the requirement to mitigate the impact of development on intermittent streams. Nearly half of NC stream miles are classified as intermittent, and 56 percent of the streams that supply public drinking water systems are classified as intermittent. Failing to recognize and replace the value these streams provide threatens water quality and biodiversity across the state.
· Air Monitors, H765 §4.25
Cuts the number of state air monitors roughly in half, eliminating all that are not mandated by US EPA, including three in WNC. Without these monitors, the public and the N.C. Division of Air Quality will be in the dark about increases in pollution, which is especially concerning since many of these monitors are located in areas with historically poor air quality.
Protect Clean Energy
· Oppose H760/H332, which would freeze North Carolina’s Renewable Energy Portfolio Standard (REPS) at the current 6%. A recent study shows that REPShas saved ratepayers $162 million since it was adopted. It has been instrumental in supporting the growth of North Carolina’s clean energy sector, which is responsible for 23,000 jobs.
Invest in Open Space and Clean Water
· Both the House and Senate budgets increase funding for open space preservation and clean water. The final budget should combine the best of both plans by 1) maintaining the House’s nonrecurring increase in the first year of the biennium AND 2) including the Senate’s recurring increase for the Clean Water Management Trust Fund in the second year.