2009

 

While the Common Agenda represents a set of shared priorities, there will always be other critical environmental issues being considered by the General Assembly. Please check back regularly for legislation updates.

Common Agenda Items are noted with .
Other key issues are identified in green text. All items listed have the potential to be included as scored votes in the Conservation Council of NC Legislative Scorecard.

House Bills

H2=S205, Prohibit Smoking in Public & Work Places. This bill would protect the health of North Carolinians and improve our environment by prohibiting smoking in public and work places. SUPPORT

H3, Disapprove Jordan Lake Rules. This disapproval bill would threaten the health and safety of communities that rely on Jordan Lake for drinking water by overturning the package of Jordan Lake nutrient management rules approved by the Environmental Management Commission and the Rules Review Commission in 2008. OPPOSE

H28, LRC Study GHG Credits for Farming. This bill would authorize the Legislative Research Commission to study the feasibility of extending greenhouse gas reduction credits to farmers if NC participates in a carbon cap-and-trade program. SUPPORT

H54, Texfi Cleanup Funds. Appropriates $50,000 from the General Fund for DENR’s Division of Waste Management to match federal cost share funds for the cleanup and monitoring of the Texfi hazardous waste site in Fayetteville. SUPPORT

H105=S106, Clarify Interstate Wildlife Violator Compact. Clarifies that marine species are wildlife and that violations of marine resources laws are covered by the Interstate Wildlife Violator Compact, which allows states to enforce against their own residents who violate wildlife laws in other states and don’t pay fines. SUPPORT

H106=S107, Implement Shellfish FMP Recommendations. This bill updates regulation of shellfish leases based on recommendations from the Joint Legislative Commission on Seafood and Aquaculture. SUPPORT

H107=S108, Management of Striped Bass Fishery. This bill would authorize the NC Marine Fisheries Commission to implement individual fishing quotas for the striped bass fishery to protect fish populations and improve the economics of this important fishery. SUPPORT

H108=S105, Suspension and Revocation of Fishing Licenses. This bill would authorize the Marine Fisheries Commission adopt rules related to the suspension and revocation of fishing licenses as a punishment for violations. SUPPORT

H116, Railroad Corridor Management. This bill would enhance railroad transportation in NC by: strengthening railroad companies’ control over their right of ways; limiting rights of private property owners and local government planning authorities; and narrowing the law on abandonment of old rail lines. SUPPORT

H128=S89, Authorize Grandfather Mtn. as State Park. This bill would authorize the addition of Grandfather Mountain to the State Parks system. SUPPORT

H148=S151, Congestion Relief/Intermodal Transport Fund. This bill would establish a dedicated state fund for public transportation and short-line, freight, and passenger rail; establish a process for matching state and local dollars to fund these projects; and authorize local governments to raise sales and use taxes and vehicle registration fees to pay for local share of project costs. Funding for public transportation is critical to reducing the negative impacts of roads and traffic congestion. SUPPORT

H169, Modify Drinking Water Test for Private Wells. This bill would modify the testing requirements of newly constructed private drinking water wells for certain Volatile Organic Compounds to give local health directors the authority to determin when testing for these compounds is necessary to protect public health. This bill will help local health departments to better protect their residents. SUPPORT

H171, Certain Environmental Violations/ Entry/ 1st Penalty. This bill would limit effective enforcement by requiring that state inspectors doing routine inspections under hazardous waste programs obtain permission from ‘the person who owns the business located on the premises,’ which is a more restrictive standard than current law. The bill also mandates that DENR and DHHS do not assess penalties for first time violators (of solid waste and asbestos statutes) that have fewer than 100 employees and voluntarily come into compliance. OPPOSE

H237, Equity Formula Study Commission. This bill could improve how transportation decisions are made in NC by establishing a commission to study whether the legislature should revise the equity formula that currently decides how transportation revenues are divided up to pay for projects in different parts of the state. SUPPORT

H239=S166, Disapprove Jordan Lake Rules. This disapproval bill would threaten the health and safety of communities that rely on Jordan Lake for drinking water by overturning the package of Jordan Lake nutrient management rules approved by the Environmental Management Commission and the Rules Review Commission in 2008. OPPOSE

H249, ABC Recycling Tax Credit. This bill would support greater recycling efforts by establishing a tax credit to defray costs of businesses that are required to recycle beverage containers. SUPPORT

H282, Green School Construction/Loan Fund. This bill would enhance energy efficiency by including public school buildings in the Sustainable Energy-Efficient Buildings Program and require the State Energy Office to work with the Department of Public Instruction to design protocol standards. It would also create a green school construction loan fund. SUPPORT

H284, Extend Renewable Energy Credit Sunset. This bill would support renewable energy efforts by extending the state renewable energy tax credit to 2016. SUPPORT

H289, Coordinate Traffic Signals/Reduce Energy Use. This bill would help reduce energy use and air pollution from vehicles by requiring NC DOT and municipalities to develop ‘comprehensive traffic control plans’ that coordinate signals to minimize idle time of vehicles.SUPPORT

H319=S383, Water and Sewer Infrastructure/ Funds. This bill would enable better water and sewer planning by appropriating $50 million for 2009-2010 to the Rural Economic Development Center for water, sewer, and planning grants to local governments. SUPPORT.

H340=S341, Appalachian Mountains Preservation Act. This bill would protect mountains, waters, ecosystems, and the health of Appalachian communities that are ruined by mountain top removal coal mining. This bill would prohibit utilities that operate coal-fired power plants in North Carolina from purchasing mountaintop-removal coal. SUPPORT

H349=S304, Energy Savings Contracts’ Cap/ Program Admin. This bill would improve energy saving programs in NC by removing the current $100 million cap on guaranteed energy savings contracts, establishing a fee to support administration of energy saving programs by the State Energy Office, and tightens the reporting and analytical requirements. SUPPORT

H350, Disapprove Jordan Lake Rule: Tech Amendment. This disapproval bill would threaten the health and safety of communities that rely on Jordan Lake for drinking water by overturning the package of Jordan Lake nutrient management rules approved by the Environmental Management Commission and the Rules Review Commission in 2008. OPPOSE

H393, Modify Rule-Making Process. This bill would impede environmental policy-making by requiring all rules approved by the Rules Review Commission subject to legislative review.OPPOSE

H394, Raleigh Motor Vehicles. This bill would authorize Raleigh to raise its motor vehicle tax from $20 to $25 dollars, and to spend the increased revenue on transportation. SUPPORT

H462, Solar Manufacturing Incentive Grant Program. This bill would establish a Solar Energy Incentive Grant Program within the Department of Commerce to foster a renewable energy economy and jobs in NC. SUPPORT

H464, Raleigh Energy Efficiency. This bill would enhance energy efficiency by making permanent an exemption from competitive bidding requirements granted to Raleigh for pilot programs testing the efficiency and effectiveness of light emitting diode technology for energy conservation and extends the exemption to all pilot programs aimed at increasing energy efficiency. SUPPORT

H519, Greensboro/Energy-Related Development Incentives. This bill would authorize the City of Greensboro to provide incentives for developers and builders to increase energy efficiency and reduce energy consumption in new or reconstructed developments. SUPPORT

H541=S539, Greensboro Motor Vehicle Levy. This bill would authorize the City of Greensboro to increase its motor vehicle tax from $5 to $16 a year and spend the additional revenue on public transportation. SUPPORT

H605, Coastal Hazards Disclosure. This bill would require that all sellers of property adjacent to a coastal shoreline and property located along shorelines that have been designated as inlet hazard areas by the Coastal Resources Commission disclose such hazards as erosion, flooding, storm damage, and inlet migration. Real estate agents are bound to inform their clients of such responsibilities; failure to disclose hazards would provide purchasers with the option to cancel or rescind an offer. SUPPORT

H606=S457, Add Definition of Biofuel. This bill adds a definition of “biofuel” to the definition section of the Energy Credit Banking and Selling Program. SUPPORT

H607, Phase Out Lagoon and Sprayfield Systems. This bill would phase out traditional animal waste management systems that serve swine farms. Hog waste lagoons have negatively impacted North Carolina’s air, water, and communities for over a decade. SUPPORT

H612=S524, Disapprove Coastal Setback Rule. This bill would disapprove the general use standards for ocean hazard areas rule that were previously adopted by the Coastal Resources Commission and approved by the Rules Review Commission. OPPOSE

H618=S847, Funds/Farmland Preservation Trust Fund. This bill would appropriate funds for the Farmland Preservation Trust Fund to better protect and preserve our critical farmland areas and farm economy. SUPPORT

H619, NC Green Business Fund. This bill changes the NC Green Business Fund from a grant-making fund to a fund distributing no-interest loans to encourage green business, and appropriates five million dollars for the 2009-2010 fiscal year. SUPPORT

H621, Geothermal Heat Pump Tax Credit. This bill would encourage the use of clean energy by creating a tax credit to for the purchase and use of environmentally friendly geothermal heat pump technology. SUPPORT

H643, Authorize Aquifer Storage of Reclaimed Water. This bill would allow water resources to be degraded by allowing reclaimed water to be injected into an aquifer for temporary storage.OPPOSE

H684=S846, NC Farmland Preservation Trust Fund. This bill will enhance farmland preservation by clarifying that the NC Farmland Preservation Trust is a non-reverting account. SUPPORT

H695, University/Community College Energy Savings. This bill would provide that any energy savings realized by the University of NC and NC system community colleges may remain available to those institutions for other facility upgrades related to reducing energy and water consumption. This would encourage additional investments in energy and water efficiency.SUPPORT

H749, Use of Cisterns in Construction/Renovation. This bill would authorize state building codes to permit the use of cisterns to provide water for toilet flushing and outdoor irrigation in construction and renovation of residential and commercial buildings. This would improve water use efficiency. SUPPORT

H782, Safe Artificial Slope Construction Act. This bill would: 1) require local governments to adopt ordinances to regulate site planning and construction of artificial slopes in mountainous areas to promote safe and stable slopes for development, reduce likelihood of slope failures on disturbed land, and to protect safety and property; 2) direct Sedimentation Control Commission to assist local governments in development and implementation of safe slope construction programs and to develop a model ordinance; and 3) provide for disclosure of information to buyers of property located in certain areas designated on stability index maps. This bill would help protect our communities and waters from excessive sedimentation runoff and improper development on unsafe slopes. SUPPORT

H802, Delineate River Basins. This bill would delineate the boundaries of river basins to align river basin planning programs of DWR and DWQ, as recommended by the 2008 Water Allocation Study. This would improve DENR’s ability to manage our water resources more effectively.SUPPORT

H809=S1068, Permitting of Wind Energy Facilities. This bill would establish a system of permits to be issued by DENR for the siting of wind energy facilities. This would help enhance the development of renewable wind energy in NC in a sustainable way. SUPPORT

H810=S1018, Reduce Plastic Bag Use. This bill would prevent pollution by reducing plastic bag use in NC. SUPPORT

H811=S1044, Moratorium on Coal-Fired Power Plants. This bill would provide economic relief to electric utility ratepayers during this period of economic recession and the coming recovery period by placing a moratorium on the construction of new coal-fired power plants. SUPPORT

H823=S993, Limit Toxic Flame Retardants Containing PBDEs. This bill would protect children and others from the harmful effects of Brominated Flame Retardants (while advancing fire safety) in products for sale. It would also create a tax incentive for manufacturers to develop alternative product designs without certain chemical flame retardants for fire safety standards. This would protect our public health and the environment from increasing accumulation of Polybrominated Diphenyl Ethers (PBDEs). SUPPORT

H897, Study OffShore Wind Farming. This bill would create a joint Legislative Study Committee on offshore wind farming for the generation of electricity. This would enhance NC’s ability to develop a sustainable and strong renewable energy economy. SUPPORT

H902, Up B-20 Biodiesel Purchases for School Buses. This bill would reduce our reliance on foreign oil by increasing the percentage of biodiesel fuel that local boards of education must purchase for school buses. SUPPORT.

H906, Alternative Fuels Tax Credits. This bill would create tax credits for alternative fuel infrastructure and for alternative fuel/advanced technology vehicles. This would help NC reduce our reliance on foreign oil. SUPPORT

H1005, DOT Participation in Fixed Rail Projects. This bill would support transit options by authorizing the Department of Transportation to fund fixed rail projects that are not federally funded. SUPPORT

H1011, Raleigh Stormwater Assessment. This bill would help protect water quality by authorizing the city of Raleigh to assess the owners of stormwater facilities for repairs to damaged or failed controls that were required to be constructed or implemented. SUPPORT

H1050, Independent Energy Efficiency Administrator. This bill would create a public benefits fund (NC SAVE$ ENERGY) as an independent energy efficiency administrator for the state to administer energy efficiency and energy conservation programs, and programs to promote the sustainable use of energy. Saving energy will keep our economy and environment strong, without wasting ratepayer dollars on building new environmentally-damaging power plants. It would be funded by a small energy surcharge (less than $2/month), which will be significantly less costly to ratepayers than the costs of building new power plants.
SUPPORT

H1052, Strengthen Pesticide Law for Workers. This bill would strengthen the pesticide law for the protection of workers. SUPPORT

H1075, Teach “Green Science” in High Schools. This bill directs the State Board of Education to develop an elective high school science course on renewable and alternative energy.SUPPORT

H1079, Energy-Efficient State Motor Vehicle Fleet. This bill would require the Department of Adminstration to purchase only new passenger motor vehicles that have a fuel economy that is in the top 15% of that class of comparable automobiles. This would help NC reduce our reliance on foreign oil. SUPPORT

H1163, Sustainable Local Food Policy Council. This bill would support local and sustainable industry by establishing the North Carolina Sustainable Local Food Policy Council to contribute to building a local food economy. SUPPORT

H1199, Energy Efficiency in State Buildings in State Funded. This bill would enhance energy efficiency by extending the current energy efficiency requirements for capital projects in state universities and community colleges to all public schools and entities receiving greater than $20,000 for capital construction projects. SUPPORT

H1200, Extend Climate Change Commission. This bill would extend the Legislative Commission on Global Climate Change to 2010. This would allow NC to more adequately consider and make recommendations to address global warming. SUPPORT

H1201, Pesticide Spraying on Rights-of-Way. This bill would better protect public health by requiring that every telegraph, telephone, or electric power or lighting company shall provide 72 hours notice to adjacent property owners prior to applying pesticides to a right of way. SUPPORT

H1205, Establish NC Commission on Climate Change. This bill would establish a 15 member North Carolina Commission on Climate Change, and associated Advisory Council, to study issues related to global climate change. This would allow NC to more adequately consider and make recommendations to address global warming. SUPPORT

H1207, Clean Cars/Vehicle Retirement Program. This bill would help reduce air and global warming pollution by establishing the Vehicle Retirement Program and the Vehicle Retirement Assistance Account to provide up to $1500 in credits or vouchers for eligible vehicle owners to replace their older polluting vehicles with newer cleaner vehicles. SUPPORT

H1218, No Sludge Applied on Certain Public Spaces. This bill would help protect public health and the environment by prohibiting permit holders for sludge/waste application to apply the sludge on any public park, school grounds, or athletic field. Permit holders will also be required to post notices for the public that in a clear and conspicuous manner state the risks of toxic contaminants in sludge to humans, domestic pets, and wildlife. SUPPORT

H1238, More Recycling at Large Events and Venues. This bill would encourage reduction, reuse, and recycling by requiring owners and operators of venues that average more than 500 attendees daily to meet with recyclers and solid waste management officials by October 10, 2010 to determine a reduce, reuse and recycling plan. SUPPORT

H1287, Recycle Products Containing Mercury. This bill would protect our water resources from mercury pollution by requiring all state agencies to recycle fluorescent lights and thermostats that contain mercury in state offices, including requiring these items be removed before demolishing state buildings. The bill also bans the disposal of mercury-containing products in unlined landfills. SUPPORT

H1288, Plastic Bags Recycling. This bill would help reduce pollution and plastic use by requiring certain retailers to implement a plastic bag recycling program and increasing the goal of recycling 25% of all retail plastic bags to 75%. SUPPORT

H1290, NC Clean Cars Program. This bill would help clean up our air quality by directing the Environmental Management Commission to adopt motor vehicle regulations in compliance with California emissions regulations for the 2012 model years and beyond, and requires that the state purchase only vehicles that will satisfy the new standards. SUPPORT

H1335, No Duplicative Regulation of Air Toxics. This bill would eliminate health-based state regulation of air toxic emissions, leaving them regulated only by the Federal Clean Air Act, which only applies achievable control technology standards. This bill would exempt some of our largest hazardous air pollution sources from North Carolina’s existing public health protections. OPPOSE

H1353, Conserve Energy/Water. This bill would help conserve energy and water by authorizing cities and counties to adopt ordinances that would prohibit covenants or other binding agreements that prohibit installation of solar collectors, clotheslines, rain barrels, garden fences, or any other devised designed to generate or conserve energy or capture, store, or reuse water.SUPPORT

H1354, Increase Public Safety for Coal Ash Disposal. This bill would protect our communities, environment, and public health by requiring DENR to regulate coal ash and sludge. The bill also adds to the definitions for combustion products and combustion products landfills and establishes new criteria for such landfills, including a requirement for a bottom liner. SUPPORT

H1387, Solar Collectors on Residential Properties. This bill would enhance renewable energy production by enabling city and county authorities to allow solar collectors on residential property, preempting ordinances that would prevent installation of solar collectors in residential properties. SUPPORT

H1389, Finance Energy Improvement With Assessments. The bill would enhance renewable energy production and energy efficiency by allowing cities to designate areas in which the city and citizens may designate and enter into contractual assessments to finance the installation of distributed generation renewable energy sources or permanently affixes energy efficiency measures. SUPPORT

H1395, Clean Water Trust Fund/Pending Unpaid Awards. This bill would provide that grants awarded from the Clean Water Management Trust Fund for 2008-2009 FY will be funded before awarding new grants in the 2009-2010 FY. SUPPORT

H1440, NC Renewable Energy Market Creation. This bill would encourage the development of renewable energy markets and industries by requiring electric public utilities to connect renewable energy electricity facilities to the grid (at the generator’s expense), and to purchase all the power produced at these facilities at a price determined by the Utilities Commission.SUPPORT

H1441, Greenhouse Gas Emissions Reduction Act. This bill would help reduce greenhouse gases by requiring DENR to implement a full-scale program to reduce greenhouse gas emissions in the state, including developing an inventory system and a monitoring/reporting system. The ultimate goal of the plan is mandatory reduction of the State’s greenhouse gas emissions by 10% from 1990 levels by 2020, and 80% below 1990 levels by 2050. SUPPORT

H1442, Protect Private Drinking Well Users’ Health. This bill would protect public health and water quality for people who rely on private drinking water wells or improved springs for their drinking water source. SUPPORT

H1443, Green Building Code. This bill would increase improve energy conservation by requiring that new and renovated commercial buildings and new residential buildings comply with energy conservation standards. SUPPORT

H1451, Bicycle Protection Act. This bill would encourage bicycle use and protect cyclists and drivers by amending, improving, and clarifying the laws related to the operation of bicycles.SUPPORT

H1455, Creation of Yadkin River Trust. This bill would help clean up and protect the Yadkin River by creating a new Yadkin River Trust to acquire ALCOA dams on the Yadkin River and use profits from sale of hydropower to clean up contamination, promote economic development, and pay for various water quality improvements in the basin. SUPPORT

H1461, Weatherization Funds Notice/Accountability. This bill will enhance energy efficiency by requiring that public notice be given when funds for weatherization projects are available, and to authorize the Green Business Fund to be used for the development of businesses that install energy efficiency measures in low and moderate income housing. SUPPORT

H1481, Energy to Commerce; OEO to Energy. This bill would transfer the State Energy Office from the Department of Administration to the Department of Commerce, and transfer the Office of Economic Opportunity from the Department of Health and Human Services to the Energy Office of the Department of Commerce. This bill would help ensure that clean and efficient energy is a priority within NC’s economic development strategies. SUPPORT

H1490=S831, Extend Permits Regarding Land Development. Citing the recession, this bill would roll back environmental protections by creating an automatic extension for state permits and approvals for building and development, including water discharge permits, air quality permits, and building permits among many others. No approval, as defined by the statute, made during the extension period would expire during the extension period, from January 1, 2007 to December 31, 2010. OPPOSE

Senate Bills

S52, Pender/ Energy-Related Development Incentives. This bill would support energy efficiency by adding Pender County to a list of jurisdictions authorized to give developers density bonuses and other incentives in exchange for building energy efficient buildings. SUPPORT

S89=H128, Authorize Grandfather Mtn. as State Park. This bill would help protect North Carolina’s open spaces and heritage by authorizing DENR to add Grandfather Mountain to the state park system. SUPPORT

S101, Interconnection of Public Water Systems. This bill improves water system management to protect public health and the environment by giving DENR authority to require interconnection of some water and sewer systems. It also requires systems seeking permits for new or expanded wastewater discharges to adopt plans to reduce demand and limit infiltration, analyze alternatives for beneficial reuse of wastewater, and design the system to make interconnection with other systems possible over time. SUPPORT

S117, Clarifying Development Moratoria Authority. This bill would prohibit a local government from imposing a moratorium on development approvals for the purpose of developing and adopting a new or revised development ordinance. This would impact how effectively local governments could manage their growth and development. OPPOSE

S126, Amend Drinking Water Testing/Private Wells. This bill would reduce water quality protections and threaten water safety by dropping the requirement for testing new wells for volatile organic compounds, except where wells are within 1,500 feet ‘of a site that produced one or more of the compounds.’ OPPOSE

S147=H504, Tax Credit for Energy Efficient Homes. This bill would help support energy efficiency by providing an income tax credit to builders of energy-efficient homes. SUPPORT

S151=H148, Congestion Relief/Intermodal Transport Fund. This bill would establish a dedicated state fund for public transportation and short-line, freight, and passenger rail; establish a process for matching state and local dollars to fund these projects; and authorize local governments to raise sales and use taxes and vehicle registration fees to pay for local share of project costs. Funding for public transportation is critical to reducing the negative impacts of roads and traffic congestion. SUPPORT

S166=H239, Disapprove Jordan Lake Rules. This disapproval bill would threaten the health and safety of communities that rely on Jordan Lake for drinking water by overturning the package of Jordan Lake nutrient management rules approved by the Environmental Management Commission and the Rules Review Commission in 2008. OPPOSE

S239=H372, Renewable Energy and Energy Efficiency Credit. This bill would encourage further development of alternative energy sources in NC by extending the renewable energy tax credit to include energy efficiency, to encourage installation of combined heat and power and geothermal systems, and allows the tax credit to be taken against gross premium taxes. SUPPORT

S304=H349, Energy Saving Contracts’ Cap/Program Admin. This bill would improve energy saving programs in NC by removing the current $100 million cap on guaranteed energy savings contracts, establishing a fee to support administration of energy saving programs by the State Energy Office, and tightens the reporting and analytical requirements. SUPPORT

S305=H512, Incentives for Energy Conservation. This bill would support energy conservation by making geothermal power and electrochemical fuel cells eligible for renewable energy tax credit and extending the credit to 2016, and incentivizing high performance homes and renewable energy. (However, it does not include energy efficiency.) The bill also requires energy usage reporting by public schools and adds the’NC HealthyBuilt Home’ program to the list of certifications for which local governments can reduce building permit fees for increased energy efficiency. SUPPORT

S341=H340, Appalachian Mountains Preservation Act. This bill would protect mountains, waters, ecosystems, and the health of Appalachian communities that are ruined by mountain top removal coal mining. This bill would prohibit utilities that operate coal-fired power plants in North Carolina from purchasing mountaintop-removal coal. SUPPORT

S447, No Monetary Exaction for Development. This bill would prohibit local governments from imposing a tax, fee, or monetary contribution for development that is not specifically authorized by law. OPPOSE

S520, NC to Consider Off-Shore Drilling. This joint resolution would authorize the Environmental Review Commission to study the desirability of encouraging offshore drilling exploration for oil or natural gas off the coast of NC. OPPOSE

S523=H903, Funds for Community Conservation Assistance. This bill will help create jobs and promote clean water by providing $3.4 million to the Community Conservation Assistance Program to retrofit stormwater sources with pollution controls.SUPPORT

S567=H1484, Promote Electricity Demand Reduction. This bill weakens our energy efficiency goals by amending the Renewable Energy Portfolio Standard, S3 from 2007, to allow load shifting and other temporary demand reductions made possible by smart grid technology to count towards the energy efficiency targets in the bill. OPPOSE.

S586=H789, File Lis Pendens for Certain Erosion Actions. This bill will improve enforcement of erosion and sedimentation controls by requiring the filing of notice of pending litigation. This will ensure that potential new buyers or owners of the property are aware that the property is the subject of an enforcement action, and ensure that the state can, where necessary, force new owners to fix the violations. SUPPORT

S600=H1080, Condemnation of Conservation Easements. This bill would enhance protection of critical lands by requiring that there be no “prudent and feasible alternative” before a public entity can exercise eminent domain over a property encumbered by a conservation easement. In addition, if eminent domain is exercised on a property encumbered with a conservation easement, the holder of the easement must be compensated at fair market value for the easement. SUPPORT

S636=H736, Grant Funds/Relocate Condemn Water Structure. This bill would help protect our coastal resources and public health by making 100% of costs of relocating imminently threatened structures, or demolishing condemned structures located in the ocean or inlet hazard areas, eligible for state water resource development grants. SUPPORT

S641, Litter Reduction Act of 2009. This bill would help reduce pollution by establishing a bottle and can deposit/refund program for the State. A $.10 deposit would be added to the consumer cost of all “beverage containers” as defined in the Act. Consumers would be able to redeem the beverage containers for a return of the deposit at qualifying “redemption centers.” SUPPORT

S688, NC Low-Emission Vehicle Program. This ‘clean cars’ bill would help protect air quality by directing the Environmental Management Commission to adopt motor vehicle regulations in compliance with California emissions regulations for the 2012 model years and beyond, and requires that the state purchase only vehicles that will satisfy the new standards. SUPPORT

S699=H1462, Cement Plant Moratorium and Study. This bill would impose a moratorium on considering permit applications and issuance of permits for the construction and operation of cement plants until September 2010. It would also direct the Environmental Review Commission to study the environmental impacts of cement plants and the siting, designing, and operational requirements governing cement plants to protect public health and the environment. SUPPORT

S760=H1066, Per Diem Erosion Control Penalties. This bill would enhance enforcement activities by directing the Secretary or a local government that administers an erosion and sedimentation control program to notify violators of a per diem penalty amount for continuing violations. The bill also establishes a 30 day window for a violator to challenge a continuing violation fine, after which their right to challenge the fine will lapse. SUPPORT

S778, Eliminate Overlap Between CAMA and SEPA. This bill would limit environmental protections by exempting major developments that are subject to permitting under the Coastal Area Management Act are exempt from the State Environmental Policy Act. OPPOSE

S832, CRC May Permit Terminal Groin. This bill would allow the Coastal Resources Commission to authorize the construction of a terminal groin by variance if certain criteria are met. This bill would make it easier for coastal property owners to receive a variance from current rules that protect our coast from environmentally damaging hardened structures.OPPOSE

S835, Extend Climate Change Commission. This bill would extend the Legislative Commission on Global Climate Change till October 2010. This would allow NC to more adequately consider and make recommendations to address global warming. SUPPORT

S842=H905, Alternative Fuels Tax Credit. This bill would create tax credits for alternative fuel infrastructure and for alternative fuel/advanced technology vehicles. This would help NC reduce our reliance on foreign oil. SUPPORT

S865, No State Regulation of Toxic Title V Sources. This bill would remove hazardous Title V sources of pollution from state regulation, which applies health-based air quality standards, leaving them regulated only by the Federal Clean Air Act. Federal regulations only apply maximum achievable control technology standards to the pollution sources, rather than health-based criteria. OPPOSE

S866, APA Rules: Increasing Costs Prohibition. This bill would limit new agency regulatory requirements by prohibiting agencies to adopt new rules that result in additional costs, unless rules are required to protect public health, by the General Assembly, federal regulation, or a court order. OPPOSE

S876, Study Consolidated Environmental Commission. This bill would direct the Environmental Review Commission to study the desirability of consolidating environment policy-making, rule-making, and quasi-judicial functions into one comprehensive full-time Environmental Commission.OPPOSE

S907=H1101, Water Resource Policy Act of 2009. This bill would enable North Carolina to better manage our water resources by enacting the water resource policy act of 2009. SUPPORT

S967, Creation of Yadkin River Trust. This bill would help clean up and protect the Yadkin River by creating a new Yadkin River Trust to acquire ALCOA dams on the Yadkin River and use profits from sale of hydropower to clean up contamination, promote economic development, and pay for various water quality improvements in the basin. SUPPORT

S968, Mountain Resources Planning. This bill would ensure our mountain areas are protected by supporting improved planning for mountain resources. The bill would establish a Mountain Resources Commission and fund to ensure sustainable development.SUPPORT

S983, Vegetation Removal Changes. This bill could negatively impact NC’s forest resources by changing the Department of Transportation’s guidelines for vegetation removal policies. OPPOSE

S998, Beach Management Study Commission. This bill would help improve long-term beach management strategy. The bill requires that the Coastal Resources Commission shall not order the removal of a temporary erosion control structure located in a community that is actively pursuing a beach nourishment project or an inlet relocation project. The bill also creates a Legislative Study Commission on Beach Management Issues to study existing beach management policy and determine how the State can best develop and implement a comprehensive, long-term beach management strategy. SUPPORT

S1020, Upper Neuse River Basin Clean Water Credits. This bill would improve water quality and quantity by directing the EMC to give credits to encourage local governments, landowners, and others to reduce the runoff and discharge of pollutants into water supply reservoirs in the Upper Neuse River Basin before it adopts permanent rules to implement the nutrient management strategy and the turbidity strategy for Upper Falls Lake. SUPPORT

S1067, Sustainable Local Food Policy Council/Goal. This bill would support local and sustainable industry by establishing a statewide goal that 10% of food products consumed in NC be sustainably and locally produced in NC by 2020. It would also establish the North Carolina Sustainable Local Food Policy Council to contribute to building a local food economy. SUPPORT

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