Legislative Advocacy

The core function of the Conservation Council is legislative advocacy. CCNC concentrates the voices of organizations and citizens across the state and presents their viewpoints to the General Assembly, ensuring that there is a professional voice advocating strong protections for public health, clean air, and safe water, and seeking to preserve and enhance our natural resources for future generations. We also stand up to special interests that seek to tear down those protections--as legislation is introduced that would weaken current environmental regulations and programs, we work to defeat those proposals. An important part of this includes the directing of citizen advocacy efforts to those people, places, and times when they can have the strongest impact.

Conservation Council sets its legislative agenda and priorities at the beginning of each year with input from our lobbyist, our member organizations, and our Board. We work in coordination with other environmental and public health groups on many of these issues.

• 2008 NC Common Agenda: Priorities for the Environment
• 2007-2008 Legislative Agenda
• 2006 Legislative Agenda
• 2005 Legislative Agenda
• 2004 Legislative Agenda
• 2003 Legislative Agenda
• 2002 Year-End Update
• 2002 Legislative Agenda

2007-2008 Legislative Agenda

Environmental Action Agenda 2007

This year, a group of seven North Carolina environmental groups came together to identify 3 key environmental action issues for the 2007-08 Session of the General Assembly. The Environmental Action Agenda 2007 includes the following items

• Renewable Energy
  

• Land for Tomorrow
  

• Solid Waste reform
  

While these 3 issues represent only a small fraction of the bills we are working on, they represent three areas that we feel deserve special attention. Additionally, we believe these issues are bi-partisan and have broad, state-wide appeal.

Conservation Council will prioritize these issues for our 2007 Legislative Agenda.

Renewable Energy

We seek passage of legislation that ensures that 20% of our electricity needs come from energy efficiency and renewable sources such as wind, solar, and animal waste. (HB 77)

Land for Tomorrow

Environmentalists support the recommendation of the General Assembly's Land and Water Conservation Study Commission to "provide an additional $1 billion over five years for land and water conservation, historic preservation, and related economic development needs."

Solid Waste Reform

We seek passage of legislation that will prohibit landfills in or near environmentally sensitive areas and ensure that new and existing landfills do no harm to the state's environment.
Other priorities:

Enforcement

The Conservation Council's long held goal of seeking a significant increase in sedimentation inspector positions is the cornerstone of this campaign. Our legislation will likely include language to improve the state's database system for tracking violators, a more flexible approach to utilizing 'stop work' orders, and an increase in sedimentation fees.

Stormwater

The Conservation Council will work with our coalition partners (Environment NC, NC Coastal Federation, and SELC) on this campaign. It is likely that we will continue to seek expansion of the 12% impervious rules statewide; currently 12% is limited to the 20 coastal counties. We may also seek to add more counties to the full Phase II coverage areas and will attempt to clean up some of the shell fish language.

Hog Moratorium

The moratorium on new hog lagoons expires this year. The environmental community will introduce legislation that seeks the implementation of new, environmentally friendly technologies to handle the animal waste. The industry and some legislation would like to simply extend the moratorium. It is the consensus of the environmental advocates that the passage of the Renewable Energy Portfolio Standards (REPS) legislation will greatly enhance the chances of passing a forward-thinking hog waste bill.

Global Warming

The Legislative Global Climate Change Commission continues to meet. In February, the LGCCC will make a series of initial recommendations to the General Assembly. Speaker Hackney plans to run legislation implementing some of those recommendations. More substantial and far-reaching legislation will not come forward until the Commission completes its work, probably in late 2007 or early 2008.

Electronics Recycling

Senator Cowell will be reintroducing her electronics recycling bill this year. We will be strongly supporting it.

Budget

• CWMTF: Work with our coalition partners to ensure full funding at $100 million for the Clean Water Management Trust Fund.
  
• Farmland Preservation Trust: Lobby for a reliable steady funding stream for farmland preservation.
  
• Transit: Work with the budget chairs to ensure adequate funding for transit projects throughout the state
  
• Environmental staff: Lobby budget chairs to secure adequate staff for environmental programs, particular in the area of enforcement.
  

Defensive

• Arsenic treated wood on play ground equipment. The pro-arsenic lobbyists have gotten 10 letters of objection to trigger a disapproval bill repealing new rules adopted to ban arsenic treated wood on playground equipment at preschools in NC. Conservation Council will oppose this disapproval bill.
  
• Other defensive matters as they arise.
  

2006 Legislative Agenda

The Conservation Council's legislative agenda for the short session falls into two broad categories: 1) the "community agenda," those issues we are working on in coalition with other environmental groups and 2) issues that we're working on exclusively or in alliance with only one or two smaller groups.

Community-wide agenda

These four issues have been agreed upon by all the state-wide groups as the issues upon which we would focus our combined attention.

Land for Tomorrow (S1046/H1687)

The Land for Tomorrow campaign is a large state-wide coalition of groups seeking to place a $1 billion bond referendum on the ballot in November 2006 for the purposes of land conservation.

Clean Cars (S1006/H1460)

This legislation would require that new cars sold in NC after 2008 meet the emissions standards set by the state of California (higher than the US Federal Government's standards). Similar laws have been enacted in 8 states, though NC would be the first in the South.

Energy Efficiency

An energy efficiency initiative is being crafted by NCSEA and others, with support of legislative leaders. This initiative is still being developed, but there is cautious optimism that energy efficiency measures will gain some traction this session given high energy costs.

Other Agenda Items

The Conservation Council will continue to work closely with Rep. Grier Martin to seek passage of the Schoolchildren's Health Act (H1502), a bill that addresses environmental hazards on public school campuses. This legislation passed the House unanimously last session but got held back in the Senate Education Committee by the Committee Co-Chair Senator A.B. Swindell.

The Conservation Council is participating in a stakeholder process-with SELC, Environment North Carolina, and NC Coastal Federation-to negotiate a compromise between Phase II stormwater legislation passed by the legislature in 2004 and EMC rules adopted several months ago. Generally speaking, we favor the EMC rules which tend to be stronger and the Homebuilders favor the session law.

Ethics and Lobbying reform will be a hot topic this year, given the troubles with Speaker Black. A special Ethics Committee has been meeting on the House side and will almost certainly recommend new legislation. The Conservation Council was an active participant in the lobby reform coalition last year and is poised to assist again.

Last year, the Clean Water Management Trust Fund received, for the first time in its history, full funding at $100 million. The Conservation Council will work with other groups to see that full-funding is maintained in this year's budget.

In other budget matters, the Conservation Council will actively support additional funding for DENR, particularly new inspections positions. It is not yet clear how many new positions the Governor will ask for in his budget proposal, but we are positioned to assist DENR in lobbying for any additional allocations.

Following the Raleigh News and Observer's highly critical series on polluted well water in North Carolina and the state's abysmal job of oversight, we're hopeful that there will be some action on Rep Bernard Allen's well water bill (H1701, Protect Private Drinking Water Wells). The Conservation Council worked with Hope Taylor-Guevara of Clean Water North Carolina to craft this legislation and lobbied actively on its behalf.

2005 Legislative Agenda

The 2004 General Election left the Conservation Council in a strong position heading into the long session. We elected a number of champions and friends who we are working with to build a stronger environmental voice at the General Assembly. Conservation Council's legislative agenda focuses on achieving legislative victory on a number of issues, laying the groundwork for future legislative victory, supporting our coalition partners and allies, and playing defense when our opponents push for legislation that is not environmentally sound. This agenda seeks to address a balanced set of environmental needs relating to water quality, air quality, stronger enforcement, solid waste, and public transit.We will be working closely with other organizations which are active at the legislature to move our community strategically forward on the legislative front. We will also be looking to build new partnerships with allied communities, such as potential tourism groups, health groups, and others.

ENVIRONMENTAL ENFORCEMENT

Chronic Violators of Environmental Laws
Environmental Accountability& Information Act (S990, Kinnaird) requires that the Department of Environment and Natural Resources create a database of habitual polluters and make it available via the Internet.

Resources for Environmental Enforcement
Improve Environmental Enforcement (S1019, Clodfelter) is a bill backed by the Department of Environment and Natural Resources that increases enforcement penalties and raises the cap on the amount DENR can keep for administrative purposes. Conservation Council will also be pursuing strategies to increase funding for enforcement through the budget process.

WATER QUALITY

Drinking Water Protections
The Drinking Water Reservoir Protection Act (S 981, Cowell) is a first step in addressing pollution problems in drinking water lakes before damage from pollution is done, requiring a report on the status of drinking water lakes across the state. The legislation initially focuses on Jordan and Falls Lakes, requiring reports on ongoing Jordan Lake clean up efforts and increasing monitoring of and decreasing pollution into Falls Lake.

Sedimentation
In the previous legislative session, bills were introduced in both chambers to increase the fees on developers in an effort to fund more sedimentation inspectors. Neither bill was successful, nor were efforts to increase the number of inspectors through the budgeting process. Legislative budget negotiators axed 7 new inspection positions the governor included in his proposed budget. Conservation Council will be pursuing various budget and legislative strategies to address this significant need

Additionally, Conservation Council will look for opportunities to address other water quality protections, including well-testing, buffer zone requirements, and stormwater improvements.

GLOBAL WARMING/AIR QUALITY

Cleaner Cars Initiative
Legislation has been filed in the Senate (S1006, Clodfelter) which would require automobile manufacturers selling in North Carolina to adhere to the California's fuel efficiency standards. California's standards are significantly stricter than the federal governments'. Several other states have passed Cleaner Car bills. Conservation Council will be lending support to this community wide effort headed by the NC PIRG.

Clean Air Trust Fund
This will probably be identical to a bill filed last session (S981). The legislation will be designed to improve air quality by providing grants for transportation related projects and promote renewable energy projects.

Global Warming Task Force
The legislation would establish a Global Warming Task Force (S 1134, Albertson) which would be charged with reporting the governor the potential effects of Global Warming on North Carolina's economy, geography, and public health. In addition, the task force would be charged with coming up with recommendations.

Mercury Pollution
Mercury is an issue that impacts children across the state, but that resonates with suburban mothers in particular. Conservation Council is working on a bill banning certain consumer products that contain mercury. We will also be supporting a bill establishing a program for recycling mercury switches from junk cars.

BUDGET

We will work with the chairs of the Appropriations Committees and with leadership to secure more sedimentation inspectors, to increase the fines and fees that DENR can assess, and to increase funding for public transit.

GROWTH MANAGEMENT

Conservation Council will look for opportunities that provide local governments with the authority to set fees and establish ordinances without first seeking legislative approval. These measures allow local governments more flexibility in managing growth within their communities.

TRANSPORTATION

Highway Trust Fund Study Commission.
Conservation Council supports the Dept. of Transportation's Long-range plan, which calls for substantial increases in spending on non-highway transportation spending such as transit. DOT's long-range plan must be funded by the General Assembly. Severe budget constraints put the success of this plan in doubt. The legislature will have to increase revenue (i.e., raise the gas tax) or significantly cut revenue directed to transit. Conservation Council is monitoring the work of this Commission.

LAND CONSERVATION

Conservation Council is seeking full funding for the Clean Water Management Trust Fund and the Farmland Preservation Trust Fund. Additionally, we strongly oppose legislation which has been introduced that would prohibit-in most circumstances-the state from acquiring park or conservation lands through condemnation procedures. This would severely handicap state officials as they seek to protect our natural resources.

OTHER

Environmental Health and School Children
The School Children's Health Act seeks to protect children from harmful environmental contaminants while they are on school property. This legislation lays out cost-effective, proven approaches to dramatically reduce children's exposure to toxics in our public schools, providing healthy environments for our children to learn, grow, and meet their full potential. The bill addresses pesticide use in the schools, arsenic treated wood on playgrounds, school bus idling, mercury use in the classrooms, and mold and mildew.

Solid Waste & Electronics Recycling
An electronics recycling bill was introduced in the last session. Some industry representatives now support a recycling bill, and legislative leaders are positioned to work out language that will be supported by both environmentalists and the industry. This legislation will establish an electronics recycling system similar to NC's tire program, and will likely include landfill bans on wood waste and plastics. This legislation will seek to offer assistance to recycling businesses in North Carolina by increasing the supplies of recyclable materials.

Eco-tourism & Green Jobs
Conservation Council is pursuing creative strategies to build relationships across Departments that raises awareness of environmental issues and emphasize the direct link between the environment and the economy. Some possibilities include establishing an office of Eco-tourism within the Division of Tourism in the Department of Commerce, setting aside money in the state budget for an eco-tourism marketing campaign, establishing a grant program for local governments wishing to construct eco-tourism infrastructure, and assistance to cutting-edge recycling industries that create jobs and increase demand for recycled products. This strategy provides an invaluable opportunity to bridge the "economic vs. environment" argument, and build non-traditional allies. Legislation will establish a task force to look at ways to create an ecotourism infrastructure in NC and to encourage the expansion of businesses, such as recycling, that create green jobs

Lobbying Reform and Campaign Finance Reform
The Conservation Council has joined other progressive and conservative groups to support lobbying reform legislation. Bills have been filed in both the Senate and the House that would require more thorough reporting of gifts and lobbyists' expenditures on legislators.

DEFENSE

As always, Conservation Council will be monitoring our opposition, and working collaboratively to address any legislation that our opponents will throw at us unexpectedly.

2004 Legislative Agenda: Short Session

CLEAN WATER

Phase II Storm water Regulations

Significant pressure is being placed on the General Assembly to enact legislation to resolve an impasse between the Environmental Management Commission and the Rules Review Commission. Passage of a bill dealing with Phase II storm water regulations will be the number one priority of CCNC and other environmental groups this session.

Under federal law, local governments are required to adopt storm water protections measures known as Phase II protections. The Environmental Management Commission adopted Phase II rules last year only to see the rules vetoed by the Rules Review Committee. Two separate lawsuits have been filed, including one by environmental groups challenging the actions of the RRC on the grounds of constitutional separation of powers. The actions of the RRC have put local governments in a bind because they were required, under federal law, to have new storm water rules in place LAST year. They are now in violation of the law and are vulnerable to lawsuits.

A wide range of groups are working to seek resolution of the situation. Negotiations include environmental groups, the League of Municipalities, the counties, and the Home Builders. There is little hope that a compromise will be reached with the Home Builders, thus setting up a legislative battle with the DENR, the EMC, the environmental community, the cities, and the counties on one side, and the Homebuilders on the other. Two distinct bills on stormwater have been drafted. One is weak and supported by the Homebuilders. The other is less than ideal and is reluctantly supported by the League of Municipalities, the counties, and environmental groups. We will be marshalling all of our resources to see that the legislature passes the EMC's storm water protections without watering them down.

Sedimentation

Legislation is pending in the Senate (Reeves, S989) and in the House (Weiss, Hackney, H953) to increase fees on developers in order to fund more sedimentation inspectors. Both bills would triple fees and provide much needed funds to DENR to increase the number of inspectors in the field. While sedimentation fees are a priority issue for the environmental community, Reeves' decision not to seek re-election and co-sponsor Wib Gulley's resignation, makes it more difficult to pass this bill.

CLEAN AIR

Clean Air Trust Fund

This bill (Metcalf, S981) is designed to improve air quality by providing grants for renewable energy projects. This bill is top priority for CCNC but the loss of its sponsor, Steve Metcalf who resigned this winter, makes the future of this legislation uncertain. A new Senate sponsor will be sought.

NATURAL RESOURCES PROTECTION

Land Conservation

CCNC is lobbying for full funding for the Clean Water Management Trust Fund and the Farmland Preservation Trust Fund. These funds are critical to the preservation of water quality, open space and farmland in North Carolina. We are lobbying also to insure the stable funding of the Park and Recreation and Natural Heritage trust funds. All of these funds provide money for the protection of our natural resources in the state of North Carolina.

Additionally, legislation is pending that will give the state authority to issue Certificates of Participation (COPS) to finance additional acquisition of conservation land. However, DENR appears to be leaning towards placing a bond referendum on the ballot this November for the preservation of open space. The environmental community opposes a bond referendum this year, and is laying the groundwork for a $1 billion bond campaign-called Land for Tomorrow-next year. Passage of the COPS legislation is seen as a priority for the environmental community because it would allow the state to pursue some additional land conservation this year, while we are working towards a more substantial bond referendum next year.

Present Use Valuation

There is broad-based support amongst Democrats and Republicans alike to change the present use value program to make it more attractive to place land in conservation. However, opposition from county governments, who would see a loss in revenue, puts this legislation in jeopardy this year. It is increasingly likely that a study commission will be set up to seek a compromise that addresses the concerns of county governments in time for the 2005 session.

Saltwater Recreational Fishing License

Legislation was passed in the house (Gibson, McComas H831) and is pending in the Senate (Kerr, S684) to establish a saltwater recreational fishing license in North Carolina. This is an important piece of legislation for environmentalists because it creates a database of fishers from whom we can learn what fish are being caught to better track fish stock. Additionally, this license could raise $10 to $15 million dollars to be used for habitat enhancement, marine fisheries research, law enforcement, grants and public education. The house bill was significantly watered down before passage. We will be lobbying for a strong Senate bill that will go to conference committee.

Local Government Flexibility

Legislation has been introduced (Clodfelter, S160) to clarify the current state of the law by providing local governments with the authority to set fees and establish ordinances without first seeking legislative approval. This legislation is important to the environmental community because lack of authority often ties the hands of local governments from adopting creative solutions to land-use, environmental and other problems.

Electronics Recycling

Legislation is pending in the House (Hackney, H878) and the Senate (Kinnaird, S970) to establish a statewide electronics recycling program. IBM and some other manufacturers are supportive as is the League of Municipalities. Some county governments meanwhile are concerned about how the money will be allocated and are opposed, as is the Retail Merchants Association. There is hope that it will move this session, but time constraints and may push it off until next year. However, we have every reason to be optimistic about the ultimate fate of this legislation.

ENVIRONMENTAL ENFORCEMENT

DENR Enforcement Fees

Increasing fees for those who violate the state's environmental laws and regulations is another priority for CCNC this session. Several bills were introduced last session that would address this concern. Legislation passed the House (Culpepper, H868) and was referred to the Senate Finance Committee. We will be lobbying hard for passage of this bill in the Senate.

DEFENSIVE ISSUES

• Risk Remediation. "Groundwater Protection Act" (Hartsell, S908). This bill would relieve some property owners of liability on Brownfield properties. Killing this bill is a top priority for the environmental community and CCNC is the lead advocacy organization on this.
• Eliminate two DENR positions. (Wilson, H811). This bill would eliminate two positions at the Dept. of Environment and Natural Resources-an Environmental Specialist III and a Biologist Supervisor II. Little action is expected on this legislation, however we will be monitoring the situation.
  

2003 Legislative Agenda

Below is our legislative agenda for 2003 that reflects the legislative priorities for our Lobbying Advisory Council groups and highlights the pro-active legislation the Conservation Council will be trying to move forward this year.

I. CLEAN AIR
A. Mobile Sources
B. Public Benefits Fund
C. Regulatory Rollbacks

Following up on last year's accomplishment of the Clean Smokestacks Act, air quality will once again be an issue with more emphasis this year on reducing air pollution from cars and other mobile sources. Discussions are ongoing about setting up a Clean Air Trust Fund that would be used for purposes such as converting state and local government vehicle fleets to cleaner fuels and to provide incentives to encourage pedestrian and transit oriented smart growth. A bill that was not acted on last session, which would provide tax credits and rebates for the purchase of alternative fuel vehicles, will likely be introduced again. Also, we will be supporting the efforts of a coalition to establish a public benefits fund. This fund would increase energy efficiency in local and state buildings, promote the development of renewable energy and assist low-income electricity programs.

In addition, we will be working hard to stop prior legislative proposals that are likely to resurface this session. For example, the "air-permitting" bill, which would allow industry to build emission facilities before receiving air permits, may be re-introduced. Also, although last year the legislature weakened the low sulfur gasoline standards designed to improve air quality, the petroleum industry is already putting pressure on to further weaken the standards.

II. WATER QUALITY
A. Hog Issues
B. Sedimentation
C. Groundwater Resources

In September of 2003 the moratorium on new hog farms in North Carolina is set to expire. While it is possible the moratorium will be extended for another year or two, the debate on the moratorium will provide an opportunity to discuss other issues such as restoring local government authority to regulate swine operations and adding protections for hog and poultry farmers who are often subject to one-sided contracts.

The sedimentation bill that passed the House last year, but stalled in the Senate, will be also be back up for discussion. This bill would address the adverse impact of sedimentation on our streams and rivers by increasing fines for violations and requiring more stringent standards for developers.

Following last summer's drought, preserving and conserving our groundwater resources has taken on an added element of urgency. Consequently, there may be several legislative proposals regarding water conservation and water quantity. In addition, we will be supporting a recycling measure to keep toxic chemicals from computers and televisions out of landfills. We will also be actively monitoring the "risk" bill that is being pushed by the business lobby. The bill, which would allow polluters to determine the level of groundwater cleanup they undertake, passed the House in 2001, but stalled in the Senate last session.

III. NATURAL RESOURCES PROTECTION
A. Natural Resource Trust Funds
B. Present Use Value
C. Certificates of Participation
D. Coastal Resources Protection

North Carolina is losing its forests, wetlands, wildlife habitats and farmland at an ever-increasing rate. In fact, our state is losing open spaces to development at the sixth fastest rate in the country. Once again, a foundation of our legislative agenda will be to advocate for appropriations to the Clean Water Management Trust Fund ($66.5 million last year) and the Farmland Preservation Trust Fund ($200,000 last year). In a very difficult budget year, we will also work to ensure that the two funds (the Parks and Recreation Trust Fund and the Natural Heritage Trust Fund) with dedicated funding streams are not raided to make up for the state's budget shortfall. Along with advocating for funding of these valuable programs, we will be closely following the Department of Environment and Natural Resources' (DENR) One North Carolina Naturally initiative.

We will be working on specific pieces of legislation that will aid the states ability to preserve open spaces. Although, a bill was enacted last year that modified the present use value (PUV) program to make it easier to put forestland or farmland under conservation easements, similar issues may arise this year and we would like to ensure that conservation incentives are included in any discussion surrounding the PUV program. A couple of the larger land conservation organizations in the state have been pushing certificates of participation (COPs) legislation, which is a financing mechanism that would make it easier for the state to purchase land. We will continue to assist with those efforts.

We will also be monitoring legislation which could have a negative impact on our coastal resources. For example, last year's beach engineering, bill which would set up a taxpayer fund to help pay for some of the beach engineering projects, is likely to be re-introduced again. Also, we will be watching for any legislative action on the stormwater rules.

IV. LAND USE/TRANSPORTATION POLICY
A. Transportation Spending
B. Smart Growth
C. Buffer Rules
D. Railroad Corridors

In the upcoming year the Highway Trust Fund Study Committee is likely to meet and consider a wide variety of changes to the original legislation, including how funding is distributed. We will be advocating that more money from this fund should go into public transit projects and to provide more multi-modal choices with the state's transportation dollars.

The Smart Growth Commission's report was released in the fall of 2001 and the General Assembly took little action on any of the recommendations contained in the report. Despite this setback, we will be working to ensure that state spending allows local communities to manage growth. We will continue to monitor and work to prevent any retreat on the current buffer rules (Neuse, Tar-Pam and Catawba). Finally, we will be working to convert railroad rights of way into parks and trails.

V. ENVIRONMENTAL ENFORCEMENT
A. Penalties for Repeat Offenders
B. Increased Permit Fees
C. Public Awareness of Violations
D. Administrative Procedures Act

While Governor Easley campaigned on a pledge of "truth in penalties" for environmental violations, outside of two compliance reports issued by DENR, there have been no efforts to strengthen environmental enforcement laws. We will continue to educate legislators about the need to adequately fund enforcement personnel within DENR, but there are other legislative measures that can be implemented that would provide DENR with additional tools to carry out enforcement programs.

For example, we will support legislation that would prohibit the state from contracting with chronic environmental violators/repeat offenders. Legislation that would increase penalties for chronic violators would also allow DENR to ensure that some measure of economic benefit is taken into account when penalties are assessed. For many repeat offenders violating the laws and paying the fines is simply a cost of doing business and less expensive than coming into compliance with what the law requires. Furthermore, we will be pushing for legislation to make the penalty process more transparent and to increase permit fees to help fund enforcement personnel.

2002 Year-End Update on Legislative Agenda

Several hours after midnight on October 4 the 2002 short session of the General Assembly came to a conclusion. A look back at the session reveals that, in many respects, it has been a positive one for conservationists. When the General Assembly convened on May 28th for the short session, the issue that had dominated the 2001 session, the state's budget crisis, continued to plague legislators throughout the 2002 session. North Carolina's budget situation continued to worsen in 2002 as legislators were faced with a $1.5 billion shortfall for the upcoming fiscal year.

Despite the budget problems which dominated the session, the legislature was active on a number of fronts, including environmental issues. The session included the passage of the landmark Clean Smokestacks Act in June, as well as inaction on a couple of harmful bills that would have threatened public health and environmental protections. The positive results of this session were due to two key factors: timely political leadership demonstrated by our elected officials and strong public involvement in conservation issues.

Air Quality

Early in the session the conservation community achieved a big victory with the passage of the Clean Smokestacks bill (SB-1078). This landmark legislation, sponsored by Senator Steve Metcalf (D-Buncombe) and Representative Martin Nesbitt (D-Buncombe), will require the utilities to cut their emissions of both NOx and SO2 by over 70%. This bill is one of the most significant pieces of environmental legislation passed by the General Assembly in the last decade and places North Carolina as a national leader on improving air quality.

Perhaps the most controversial environmental bill of the session, Senate bill 1037, did not have its fate decided until the final hours of the session. As originally introduced, and as passed by the NC Senate last year, SB 1037 would have allowed industries to invest an unlimited amount of capital in building factories before applying for an air quality permit. Instead, an air permit would only be required before the equipment is installed, when it would be politically very hard for the state environmental agency to deny or significantly modify the permit. An amendment offered in the House Finance Committee by Rep. Joe Hackney (D-Orange) and supported by the Governor limited the threat of the original bill. The amendment, approved in a tight 15 to 14 vote, would have prohibited companies from building any structures associated with emission sources prior to permitting. However, because the House and Senate passed differing versions, a conference committee was appointed to reconcile the differences. House and Senate conferees negotiated provisions of the bill up to the final day of session only to reach an impasse, resulting in no final action on the bill.

HB 1308, a bill that modifies the implementation date for the low sulfur gasoline standards approved by the General Assembly in 1999, was also enacted into law this session. Reducing sulfur content in gasoline is one of the broadest and most cost effective ways to improve air quality. Because of federal regulations in this area this bill was necessary to delay NC's implementation date for low sulfur gasoline.

Water Quality
The General Assembly's most important work this session in dealing with water quality was its inaction on HB 1009. This bill, which passed the House last year, would allow polluters to decide what level of cleanup they would undertake to remediate contaminated soil and groundwater. As North Carolina continues to struggle with the drought, this bill would have set a bad precedent by sacrificing some of our groundwater resources that much of the state relies on for drinking water. The environmental community vigorously opposed this legislation. Early in the session over one hundred water quality advocates came to Raleigh to lobby against the bill.

The General Assembly also considered legislation to improve the Sedimentation Program in the Department of Environment and Natural Resources. Sedimentation continues to be the number one water quality problem in NC. Erosion causes sediment to fill our rivers and streams thereby decreasing drinking water supplies and resulting in fish kills. HB 1568, sponsored by Jennifer Weiss (D-Wake) would have increased ground cover requirements and increased the number of sedimentation inspectors. HB 1568 passed the House in the waning days of session, but opponents of the bill stopped it from being considered by the Senate.

Open Space
The General Assembly continued it's commitment to clean water and protecting land as evidenced by it's funding of $66.5 million for the Clean Water Management Trust Fund (CWMTF). Money appropriated to the CWMTF is allocated in the form of grants to local governments, state agencies and conservation non-profits to help finance projects that specifically address water pollution problems. In addition to funding CWMTF in a tough budget year, the General Assembly chose not to raid the Natural Heritage Trust Fund and the Parks and Recreation Trust Fund. Both of these funds are dedicated to preserving open space and protecting our state's natural resources.

Also this year, legislation coming out of the Senate, SB 1161, contained language added by Sen. Fletcher Hartsell (R-Cabarrus) that would ensure that farmers and other landowners participating in the Present Use Value program can place land in conservation easements without facing adverse tax consequences. The bill was recently signed into law.

Coastal Resources
Despite much of the positive work on environmental issues this session, the legislature continued it's bad habit of undermining administrative rules. This year it came in the form of a bill (HB 1540) that overturned a Coastal Resources Commission (CRC) rule that was two years in the making. The CRC rule would have required that homeowners not build swimming pools in the ocean hazard area because of the damage associated with these hard surfaces when hurricanes hit the coast. The bill, which overturned the rule, was approved overwhelmingly by both the House and Senate.

Early in the session a revised version of HB 418 was being circulated for discussion. This bill would create a new beach advisory council to advise the Department of Environment and Natural Resources on beach engineering projects. Unlike the original bill the new version did not contain an appropriation to fund beach engineering projects. Nevertheless, the scaled down version remained controversial and action was not taken on the bill before adjournment.

2002 LEGISLATIVE AGENDA

With the recent ruling by the N.C. Supreme Court ordering that state legislative districts be redrawn this year before elections may take place, and an uncertain primary schedule, the upcoming legislative session is shrouded in much uncertainty. One certainty, however, is that the focus on resolving the current budget crisis will dominate the session. While legislators are scheduled to return to Raleigh on May 28 to convene the session, budget leaders will be back at work by early April to begin drafting next fiscal year's budget.

The upcoming "short session" for the General Assembly is the second year of the legislative term, and there are significant limitations on the type of legislation that is eligible for consideration. Under the General Assembly's rules, only specific types of legislation can be considered in the short session, such as bills that passed either the House or Senate last year, or bills that are introduced as a result of a legislative study commission.

Despite the limitations of the "short session" and the focus on the budget, there will likely be activity on several key environmental bills. The Conservation Council of North Carolina (CCNC) is working on a legislative agenda that will focus on clean air, clean water and the protection of our natural resources.

CLEAN AIR
The Clean Smokestacks bill (SB 1078, Improve Air Quality), which would reduce the amount of pollutants from coal burning power plants in North Carolina, overwhelmingly passed the Senate before stalling in the House last year. Recent medical reports continue to illustrate the adverse impact these pollutants have on the health of all North Carolinians. Public health advocates and environmentalists will be working hard this year to ensure that this bill passes the House.

One potentially harmful piece of legislation that we will be on the alert for this year would allow companies to build facilities before obtaining air quality permits (SB 1037, Air Permit Before Facility Operational). This bill has already passed the Senate and may be considered by the House in the short session. If passed by the House, it could result in undue pressure on state regulators to issue a permit if the applicant has already invested a significant amount of money in the facility.

COASTAL ISSUES
Another piece of legislation we will be working hard on would seriously threaten our coastal zones (HB 418, Beach Preservation and Restoration Act). This bill would create a new "Beach Preservation and Restoration Commission" with the power to plan and oversee beach engineering projects, removing that authority from the Coastal Resources Commission. The bill would also create a new "Beach Preservation and Restoration Fund" to provide a protected stream of revenues for beach engineering projects and make private donations to the fund tax-deductible as charitable contributions. Such projects threaten to destroy fragile beach ecosystems and coastal wildlife.

CLEAN WATER
Another troubling bill looming on the horizon would put our state's groundwater at significant risk for contamination and remove disincentives for future pollution (HB 1009, Consistent Risk-Based Remedial Actions). Currently, groundwater clean-up decisions are based on a standard designed to protect public health and the environment. This bill, which has already passed the House, would eliminate the current health-based standard so that clean up decisions would be reached through a discretionary process.

Conservation groups will also be monitoring the activity of the House Select Committee on Various Environmental Rules. This Committee is charged with reviewing existing and proposed environmental rules to examine whether rules are too burdensome on property owners. Vigilance is needed to ensure that any proposed legislation coming out of this Committee does not undermine protections for our coastal resources or adversely impact existing riparian buffers, which are among the most effective tools for protecting streams and rivers from runoff pollution.

RESOURCE PROTECTION
Recent estimates put the budget shortfall at close to $900 million for the remaining few months of the 2001-2002 fiscal year. This shortfall forced Governor Mike Easley to exercise his emergency budget powers and direct the transfer of money from existing programs to cover the shortfall. Among those programs whose funding was taken was the Clean Water Management Trust Fund, which had its funding level of $40 million cut by over 50%. Looking ahead to the next fiscal year, with a projected shortfall of over $1.2 billion and an additional request by the Governor for state agencies to reduce spending by another 11%, conservation advocates will be working hard to make sure that the Clean Water Management Trust Fund, the Parks and Recreation Trust Fund and the Natural Heritage Trust Fund do not suffer disproportionate cuts from the General Assembly during the short session.

The budget shortfall has also had an adverse impact on the Department of Environment and Natural Resources (DENR). The state's fiscal crisis has resulted in DENR being unable to fill vacant inspector positions and being forced to restrict travel by employees, with additional staff cuts being considered. These decisions will severely hinder the critical work of enforcement officials. It is imperative that already inadequate funding and resources for enforcement programs are not scaled back even further when the General Assembly makes decisions regarding next fiscal year's budget.

CONCLUSION
In addition to the specific issues discussed above, the General Assembly may consider a wide range of other environmental bills. Some positive legislation that may be considered during the short session includes a bill creating tax incentives for alternative fuel vehicles and a bill addressing the growing problem of the disposal of computers and other electronics in landfills.

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