Legislation Tracker: Environment

Bill:HB1134
Sponsors:Tolson (D23); Haire (D119); Justice (R16); Allen, L. (D49)
Title:CLEANUP OF ABANDONED MANUFACTURED HOMES
Comments:This bill provides counties the necessary resources to clean up abandoned manufactured homes by earmarking $1 million annually from the Solid Waste Management Trust Fund. Reimbursement grants cannot exceed $1,000 for each unit. Counties who are designated as a development tier one or two area pursuant to G.S. 143B 437.08 may recover up to 50 percent of the costs above $1,000. Before granting a supplement funding request, the Department of Environment and Natural Resources "shall consider the efficiency and effectiveness of the county program in making the supplemental grant."


Bill:HB2138
Sponsors:Gibson (D69)
Title:DISAPPROVE COASTAL STORMWATER RULE
Position:Support
Priority:High
Category:Defense
Comments:The NCACC's Board of Directors on May 14 adopted policy recommended by the Environment Steering Committee that seeks disapproval of proposed changes to the Coastal Stormwater Rules that affect 20 coastal counties as well as a legislative study of the impacts the rules will have in preparation of the 2009 long session. Coastal county officials have argued that the new rules would eliminate low-density development and imposes regulations modeled for high-density urban areas on the 20 counties covered under the Coastal Area Management Act (CAMA), most of which are rural in nature. The Senate budget contains a special provision that would seemingly offer developers and builders alternative stormwater management criteria that appears to be less restrictive than what is contained in the changes to the Coastal Stormwater Rules.


Bill:HB2499
Sponsors:Gibson (D69); Allen, L. (D49); Tucker (D4)
Title:DROUGHT/WATER MANAGEMENT RECOMMENDATIONS
Position:Oppose unless amended
Category:Defense
Comments:The House Committee on Environment and Natural Resources agreed to a proposed committee substitute that allows local water shortage response plans to set increasingly stringent water conservation measures in response to increasingly severe water shortages, based on locally established triggers of shortage. Earlier versions of the drought bill would mandate specific water savings requirements based on the U.S. Drought Monitor map. Conforming local water shortage response plans would have to be submitted by July 1, 2009, and would require DENR approval. Under the drought bill draft under consideration by the House, DENR would also be authorized to require local water systems to step up their water conservation measures should their less stringent measures not produce adequate water savings. Local systems without plans would have to implement the default conservation measures currently required by state administrative rules, in the event of extreme or exceptional drought. Failure to implement the drought measures contained in the default or locally derived plan when triggered could result in monthly civil penalties of up to $10,000. The bill directs the Environmental Review Commission to study whether and to what extent private groundwater wells should be regulated by state or local governments as a part of its ongoing study of water resource allocation. The bill would also shift responsibilities underlying the gubernatorial declaration of a water shortage emergency from the EMC to the DENR secretary. Currently, the EMC initiates emergency investigation upon behest of the local government and then oversees the required action during the emergency. H2499 shifts the responsibility to the DENR secretary to consult with the affected local government and then provide written comments substantiating the emergency. Required action under the emergency declaration would also fall to the DENR secretary. H2499 would limit state or federal water infrastructure funds allocated by the General Assembly to those entities that have adequate water system efficiencies in place. EMC would be directed to adopt rules to promote acceptable uses of reclaimed water.


Bill:HB2500
Sponsors:Gibson (D69); Allen, L. (D49); Samuelson (R104)
Title:ELECTRONICS RECYCLING AMENDS/ADD TVS


Bill:HB2501
Sponsors:Gibson (D69); Allen, L. (D49)
Title:FACILITATE USE OF RECLAIMED WATER


Bill:HB2507
Sponsors:Gibson (D69); Allen, L. (D49); Harrison (D57)
Title:AMEND ENVIRONMENTAL LAWS 2008


Bill:HB2530
Sponsors:Luebke (D30); Harrison (D57); Harrell, T. (D41); Thomas (R116)
Title:SOLID WASTE TAX CHANGES/UNSALABLE OTP REFUND
Comments:The conference report changed the schedule for counties to remit the tax to a quarterly basis and also allowed counties to receive a credit for bad debts in the event that an operator does not pay his account balance. It was estimated by Fiscal Research that the tax would raise approximately $24.5 million annually, with 37.5 percent of the revenues to be redistributed to local governments. Changing the remittance system to a quarterly basis will reduce overall revenues for 2008-09 by about $6.1 million because only three quarterly payments will be made during the fiscal year. The conference report also clarifies that local governments who do not operate solid waste programs are not eligible to receive any funds from the tax “unless it is served by a regional solid waste management authority established under Article 22 of Chapter 153A of the General Statutes.”


Bill:SB845
Sponsors:Albertson (D10)
Title:AMEND ENV. LAWS/ENV. TECH. CORRECTIONS 2008
Comments:This environmental technical corrections bill adds a section requiring counties to test for the following chemicals when inspecting a well: "methyl tert-butyl ether, ethylene dibromide, 1,2-dichloroethane, 1,2-dichloropropane, isopropyl ether, benzene, toluene, ethylbenzene, xylenes, trichloroethylene, and tetrachloroethylene." This could drive up the cost for conducting an inspection by as much as $200.


Bill:SB1879
Sponsors:Clodfelter (D37)
Title:DROUGHT/WATER MANAGEMENT RECOMMENDATIONS
Position:Oppose unless amended


Bill:SB1923
Sponsors:Albertson (D10)
Title:DELAY SOLID WASTE TAX EFFECTIVE DATE
Position:Support
Priority:High
Comments:This bill reflects the position of the NCACC Board of Directors to push back implementation of an additional $2 per ton tipping tax at county landfills and transfer stations from July 1, 2008, to Jan. 1, 2009, in order to work out kinks in the system. If your county is among those experiencing implementation problems, contact the NCACC (Paul Meyer at 919-715-4369 or Anthony Allen at 919-715-1430).


Bill:SB1926
Sponsors:Cowell (D16)
Title:ELECTRONICS RECYCLING AMENDS/ADD TVS


Bill:SB1933
Sponsors:Albertson (D10)
Title:AMEND ENVIRONMENTAL LAWS 2008


Bill:SB1937
Sponsors:Albertson (D10)
Title:FACILITATE USE OF RECLAIMED WATER


Bill:SB1967
Sponsors:Boseman (D9)
Title:IMPROVE COASTAL STORMWATER MANAGEMENT
Position:Support
Priority:High
Category:Defense
Comments:A compromise bill passed the Senate on Wednesday, July 9, after a lengthy negotiation process with various stakeholders, including representatives from the 20 coastal counties that were impacted by the original proposed rules. The version that passed the Senate was considerably less restrictive than the original rules. Some low-density development is now possible without having to abide by the rules, and developers can develop an additional 10,000 feet of "impervious surface" before the rules kick in. The amount of runoff that has to be contained by developers is smaller than what the original rules called for. Some projects that have already received state and local permits would be exempted from the rules, and existing homes and businesses could be replaced without having to conform to the new rules. The Senate version now goes to the House.