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NCACC Legislative Brief
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Week of May 20, 2019


The General Assembly remained relatively quiet this week as the Senate continues to craft its 2019-2021 spending plan for the state. The House took up very little public business this week while the Senate considered matters related to rural broadband services, regulatory reform, and farming.
 
Legislative activity will be noticeably busier next week as the House returns to work in earnest. Additionally, the Senate is set to release and approve its budget, setting the stage for negotiations with the House before a compromise spending plan is sent to Governor Cooper later this summer.
 

Omnibus regulatory reform bill moving through Senate has impacts on counties


This week the Senate rolled out its version of what has become an annual omnibus regulatory reform package. The amended version of Senate Bill 553 Regulatory Reform Act of 2019 includes a number of provisions affecting counties including a repeal of the landfill and incineration ban on discarded computer equipment and televisions.
 
Section 7 of SB553 could make it easier for landfills to continue beyond their local franchise agreements even if they don’t fully comply with important parts of the original agreement. This change would allow the agreements to continue if the owner remained in “substantial compliance,” which is not defined in the law. NCACC has concerns about the impact this provision will have on local ability to manage solid waste and public health.
 
Section 8 of the bill prohibits county authority to regulate land use in flood zones in certain cases, and adds aquaculture to the types of uses that can be made of flood hazard areas without a permit. NCACC also has concerns with how this could affect flood safety and encourages counties to share feedback on this provision with the Association and your legislators.
 
The bill passed the Senate Agriculture/Environment/Natural Resources Committee and goes to the Senate Rules Committee next. This bill could pass the full Senate as early as next week.
 
For more information on environment issues, please contact Government Relations Coordinator Hugh Johnson.
 

Legislation on water and sewer stability discussed in committee


NCACC reported on Senate Bill 536 Water/Wastewater Public Enterprise Reform in an earlier edition of the brief. The legislation contains a number of reforms aimed at identifying and assisting water and sewer systems that face challenges related to financial stability and other issues. The Senate Agriculture/Environment and Natural Resources Committee discussed the bill on Wednesday.
 
One provision currently in the bill would add a $1 surcharge on each public water or wastewater system account to fund the Viable Utility Reserve Fund, a new account of money administered by the Water Infrastructure Authority within the Department of Environmental Quality. However, the committee chair, Senator Andy Wells, indicated that legislators are looking for other ways to contribute to the fund rather than imposing the surcharge. The committee heard the bill for discussion only on Wednesday and will likely take a vote at a later meeting.

For more information on this legislation, contact Government Relations Coordinator Amber Harris.


Electric co-op broadband bill passes two House committees


Legislation enhancing electric membership cooperatives’ (EMCs) ability to provide high-speed internet access passed the House Energy and Public Utilities and the Rules committees Wednesday. Senate Bill 310 Electric Co-Op Rural Broadband Services makes it easier for EMCs to form and operate separate business entities that provide broadband service, and allows the use of existing electric easements held by an EMC to be used for telecommunications purposes. The House scheduled a floor vote on the bill next Tuesday.
 
Contact Government Relations Director Johanna Reese for more information on broadband legislation.
 

2019 Farm Bill gets first committee hearing


The Senate Agriculture/Environment and Natural Resources Committee heard a proposed committee substitute to Senate Bill 315 North Carolina Farm Act of 2019 Wednesday that makes various changes related to agriculture. An earlier brief reported on the bill, which is largely focused on the development of North Carolina’s industrial hemp program. 

Two issues of particular interest to counties are changes to the definition of agritourism to include “hunting, fishing and shooting sports” and exempt those activities from county zoning and development regulations, and changes to the process of notification and appeal for land that has lost present-use value eligibility. The substitute language discussed in committee is available here, and these provisions are found in sections 20 and 23, respectively.

For more information on this issue, please contact NCACC Government Relations Coordinator Amber Harris.
 
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