By this point, you know most of the major issues at play for our legislators during this short session. Coal ash and fracking have dominated the environmental, economic, and political discussions over the last few months, and both are key priorities in the NC House and Senate. But, there are other, less discussed conservation issues facing challenges. Here are just six draft environmental bills that we are watching CLOSELY over the next few weeks:

“Energy Modernization Act”

This is the draft proposal focused primarily on hydraulic fracturing (“fracking”) exploration, regulation, and operation. In these 29 pages, you’ll see requirements for NC Department of Natural Resources (DENR) to be the bearer of all industry trade secrets related to fracking operations and chemicals used. It also reduced the distance where pre-drilling water testing must occur and presumptive liability for water contamination [not good]. Additionally, local governments would be prohibited from imposing any taxes of oil and gas activities in their jurisdictions. The last chunk of this proposal is a mandate for more homework to be done: studies on taxation, energy-related traffic, compulsory pooling, and a comprehensive long-range state energy policy (including an examination of the Renewable Energy Portfolio Standard). After taking such heat in 2013, more scrutiny of REPS could equate to more defense from us on ensuring current standards are not rolled back.

“Governor’s Coal Ash Action Plan”

The first bill filed for the 2014 legislative session by Senators Phil Berger and Tom Apodaca outlines the future of coal ash deposits in NC. Eerily similar to Governor McCrory’s initial plan, the Senators’ draft includes action steps to begin the process of closing coal ash ponds, creating reporting procedures if a leak is detected, requirements of groundwater monitoring programs, and much, much more. We’ll see how others – both environmental champions and those who have not shown much love for turning NC green – have to say about this proposal.

“Authority to Adopt Local Ordinances”

This proposal may have been motivated from lobbyists on behalf of the NC Home Builders Association. This legislation would eliminate statewide cities’, towns’, and counties’ authority to enact or enforce tree conservation ordinances, including those involving protection of trees during construction, as a condition of development, in buffer areas, or in the protection of historic or “heritage” trees. The Agriculture and Forestry Awareness Study Commission has already given its stamp of approval. Both municipal and environmental advocates would like to see this on the chopping block.

“Amend Isolated Wetland Regulation”

What does the NCGA have against our wetlands? In 2013, there was an attempt to exempt wetlands that were considered “not waters of the United States” from water quality permit requirements. Because many of our state’s wetlands are isolated and fall into this categorization, they would no longer be protected from regulations, which could severely alter natural processes that help filter water and control floods. While this legislation passed in the NC Senate, it did not come to a vote in the House. Now, this draft bill seeks to: a. Increase the regulatory threshold for isolated wetlands to 1/3 of an acre west of I-95 and 1 acre east of I-95; b. Reduce the amount of mitigation required (from a 2:1 to a 1:1 ratio) for projects that impact isolated wetlands; and c. Directs DENR to study mountain bogs to determine whether they should be addressed using a different regulatory threshold.

“Reporting and Notice of Wastewater Spills”

Remember the 3.5 million gallons of sewage that spilled into the Haw River over three days? And then there was the Dan River incident not too long after. In both cases, citizens were notified DAYS after these catastrophic events. This legislation is targeting this lapse in reporting. In the event of a discharge of 1,000 gallons or more of untreated wastewater into surface waters, the facility must report the spill to DENR within 24 hours of discovery. The draft bill also reduces the amount of time the facility has to report the spill to the public from 48 hours to 24 hours.

“State Natural & Historic Preserve Deletions”

Based on the recommendation from the Environmental Management Commission (EMC) – the same group who sided with Duke Energy over coal ash in the courts. If this passes, this bill would remove several tracts from multiple State Nature and Historic Preserve properties in order to be used for other purposes. Sites around our state facing potential takeaways of land include: Gorges State Park, Lower Haw River State Natural Area, Lumber River State Park, Crowders Mountain State Park and Jockey’s Ridge State Park.

What others issues are you watching for this short session? Let us know by emailing us or join us on Facebook, Twitter, and LinkedIn.