Letter from Jones Street: Veto call for CWIP bill

The session is winding down and the action is heating up at the legislature, which we're told will adjourn for the summer next Thursday, June 26.

The big news was yesterday's Senate concurrence vote to accept massive changes to S266, the bill we call the Ratepayer Risks Act. Once the bill reaches Gov. Josh Stein, he has 10 days (including weekends) to veto it, which we've asked him to do (and you should, too – see our action alert below).

If the General Assembly adjourns as planned on Thursday – before that 10-day window ends  – Stein will have another 30 days to act. We're not taking any chances. 

Stay tuned for more news and ways you can help.

S266's many problematic provisions, which we outlined in this blog post, were piled into a gutted bill that was originally drafted to help Hurricane Helene victims rebuild. So now, instead of helping some North Carolinians, it will hurt far more. S266 goes beyond earlier attempts to make ratepayers shoulder "construction work in progress" (CWIP) costs and allow Duke Energy to renege on its pledge to lower carbon emissions by 2030. Now it also changes the way power companies recover fuel costs to a formula that favors industry over citizens.

We're also asking for a veto on another very bad bill that was enrolled and sent to Governor Stein yesterday.

H402, formerly known as the NC REINS Act and now called Limit Rules With Substantial Financial Costs, will make adopting administrative rules to protect the environment and public health nearly impossible. H402 requires each proposed or reviewed rule must have a fiscal impact analysis that ignores greater public benefits for each rule. Rules must be adopted with a supermajority or unanimous vote of administrative board members, depending on that analysis. This means the administrative branch would be hamstrung in its ability to keep experts in charge of regulations requiring specific, technical knowledge to develop. It may also be unconstitutional as a violation of the separation of powers. We are supporting a request for a veto.

We did get a few surprises this week:

  • There's movement on H8, Managing Environmental Waste Act, which passed the House but stalled in the Senate during the last two bienniums. A new committee substitute adds a  section that allows for some materials that can be “up-cycled” to be set aside. The bill sponsor worked on this provision with the Department of Environmental Quality.
  • H442, Flounder/Red Snapper Seasons & Shrimp Trawl, got a rewrite before Senate approval this week to move shrimp trawling further out to sea, pitting commercial fishermen against recreational fishermen. The changes led to Senate floor fights and use of parliamentary procedure rarely seen, and likely damaged some relationships among Senate colleagues that will take some time to recover. The bill is supported by recreational fishermen. It's awaiting House concurrence.
Take action:

RIGHT NOW: Veto the Ratepayer Risks Act: Join us in urging Governor Stein to veto S266, the latest and worst attempt to let Duke Energy saddle ratepayers with higher bills to finance risky construction projects and backtrack on its pledge to lower carbon emissions. We'll have more ways to encourage his veto, so keep an eye out!

Support clean energy development: A bill that would redefine the state's Clean Energy Portfolio Standard (CEPS) is stalled in the House, but could see action at any time – soon, or even during next year's short session. So don't wait: Tell your House member to oppose Senate Bill 730 because completely undermines the standards' intent to encourage development of renewable wind and solar projects – an industry that's been a boon for North Carolina's economy AND our environment.