Letter from Jones Street: Asking the House to oppose S261

This week was a scramble, as the legislature created deadlines and schedules, then postponed them. The House of Representatives’ bill filing deadline was Wednesday, April 3, but it became obvious early in the week that drafting lawyers were overburdened. The filing deadline was  pushed out a week to April 10, but that extension doesn't extend the "request by" date, the point at which new ideas for bills can be submitted for drafting.

Two bills of major concern for us in the House:

  • S261, the Energy Security and Affordability Act, (see below for our action alert that targets House members) was swiftly passed by the Senate in mid-March and remains in House Rules awaiting committee assignments. The bill's sponsor, Paul Newton, abruptly resigned his N.C. Senate seat last week, and it's not clear who's now pushing the measure forward. The two main concerns with this bill – which plays right to Duke Energy, Newton's former employer – are pushing out a carbon-reduction compliance deadline and allowing utilities to charge rate-payers for construction works in progress (CWIP), meaning customers could foot the bill for power plants that never come online, as has happened in other states.
  • H402, NC REINS Act, would require legislative ratification for administrative rules that have a cumulative annual fiscal impact of $1 million (which equates to less than 10 cents per resident in North Carolina). Versions of the REINS Act are being pushed in Congress and other state legislatures; four states have enacted the law but with much higher fiscal impact thresholds. If enacted, H402 would nearly stop administrative rule-making in North Carolina, and leave data-driven expert policy creation to citizen legislators. Impacts on transportation projects, the environment and public health are a major concern. The bill was scheduled for a hearing in House Judiciary 1 but removed from the agenda.

Budget-writing this year starts in the Senate, which hopes to get its proposal to the House before the Easter recess. Revenue projections show a structural deficit, which is making the process harder and may be setting the stage for North Carolina to allow video slot machines, casinos and horse racing – revenue enhancers in other states.

Take action:

Join us in urging N.C. House members to reject S261, which would make North Carolinians pay higher utility bills to finance construction of power plants that may never produce a single kilowatt of energy. Use our action form to send a message to your House member, and be sure to add a personal message – it's more effective when you say why this issue matters to you as a constituent.