[Durham INC] Update on today’s action on S 612, the Regulatory Reform Act of 2013 (AKA, the Holy Frankenstein Bill)

[Ed Harrison]

One huge problem with this legislation is that it remains unclear to legal experts -- namely, a large number of city and county attorneys across the state -- how exactly it would prohibit our communities from having environmental ordinances stronger than state or federal laws or regulations. Given the unwillingness of the bill sponsors to let this get addressed, the assumption has to be that it will have that negative effect.  

Also, Senator Mike Woodard had an excused absence from today's session because of a family medical emergency (his dad's at Wake Med).  We should expect that he would have joined the three Senators named in expressing strong concern about these "handcuffs" which could affect many of the 650 local governments in our state. In our conversation today, he lamented how this legislation would undo the great work done by the diverse citizens committee which studied, and recommended revisions to, the Durham UDO. Some readers of this listserv participated in that effort.

Ed H

On May 1, 2013, at 5:11 PM, Pat Carstensen wrote:

> This is the bill that would eviscerate Durham's ability to control storm water and probably mess with other environmental rules.  Please thank Senator McKissick.
> 
> Date: Wed, 1 May 2013 16:50:38 -0400
> From: dustin.chicurel-bayard at sierraclub.org
> Subject: Update on today’s action on S 612, the Regulatory Reform Act of 2013 (AKA, the Holy Frankenstein Bill)
> To: NC-CONS-FORUM at LISTS.SIERRACLUB.ORG
> 
> Update on today’s action on S 612, the Regulatory Reform Act of 2013 (AKA, the Holy Frankenstein Bill)
> 
> The NC Senate today gave tentative approval to approve S 612, the Regulatory Reform Act of 2013.  The bill passed its second reading handily, but there was an objection to third reading.  The bill is expected to be heard tomorrow on the Senate floor again for its final reading.
> 
> Neal Hunt offered an amendment, that appeared to be unanimously supported, that removed the section of the bill that would have effectively exempted the Neuse and Tar-Pamlico Rivers from the riparian buffer rule.
> 
> Despite the removal of the buffer provisions, this remains a very harmful bill.   See below for a more information follows on what the bill does.
> 
> Concerns were raised on the floor by Sen. Stein, Sen. Kinnaird and Sen. McKissick about the limitations local governments would have in creating policies that make sense for them.
> 
> What you can do:
> 
> Please thank Senator Hunt for bring forward an amendment removing the section of the bill that would have effectively eliminated riparian buffers in the Neuse River and Tar -Pamlico watersheds. Senators Stein, Kinnaird and McKissick also deserve thanks for asking tough questions about the bill on the floor.
> 
> What S 612 does: 
> 
> Prohibit local environmental ordinances that are more stringent than state or federal statutes or regulations;  overturns existing ordinances that fit this profile.  Among the local rules most at risk are local government stormwater regulations.   Stormwater is a larger source of pollution than waste water.  Local stormwater programs are often  more robust than state and federal minimums because they are designed not only to protect water quality, but also to minimize flooding.
> 
> Requires the repeal or revision of all existing environmental rules that are more stringent than those imposed by federal statutes or regulations. In 2011, state agencies compiled a report of these rules following the first of these measures, Regulatory Reform Act of 2011.  Environmental attorney and former NC DENR Secretary Robin Smith offers some examples and outlines the questions raised by this provision in a recent blog post:  http://www.smithenvironment.com/
> 
> Directs DENR and DOT to petition the Corps to ease siting requirements for wetlands mitigation:   This petition, if granted, would primarily benefit wetlands mitigation bankers and developers at the expense of water quality.
> 
> Allows power plants to contaminate groundwater beneath surface drinking water supplies.
> 
> Allows for the on-site disposal of demolition debris from power plants that are being decommissioned.  
> 
> 
> 
> Dustin Chicurel-Bayard
> Communications Director, NC Sierra Club
> 
> 919.833.8467 - o
> 609.529.7145 - c
> 
> 
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