Senator Bill Cook Legislative Update: X | Eastern North Carolina Now

News Release:

Bipartisan Regulatory Reform Passes

    Both chambers passed Senate Bill – SB734, (Regulatory Reform Act of 2014) with bipartisan support on Friday, August 15, 2014. Below are several local incentives that were included in SB734 to strengthen the economy in eastern North Carolina.

Contested Cases for CAMA Permits

    Currently, a permit issued under the Coastal Area Management Act (CAMA) is the only permit under G.S. 113A (Pollution Control and Environment) that contains a provision which allows all work on a project to cease as soon as a third-party challenges the permit.

    This regulatory reform provision removes the ability for a third-party challenge to halt any development associated with a CAMA permit, which is one of the legal roadblocks that was used to halt construction of the Bonner Bridge replacement. Once the Regulatory Reform Act of 2014 becomes law, development under a CAMA permit will be in line with all other environmental permits and development can only be suspended by a legal decision or court order.

Rose Acre Farms in Hyde County

    Clarifying Effective Date of Definition of Discharge of Waste Clarifies a provision passed in the Regulatory Reform Act of 2012 that does not allow air emission particulates that may settle into adjacent water to be considered as water discharges. It amends the effective date of a provision that was enacted in 2012, to clarify that the law applies to any contested case filed or pending as of July 16, 2012, when the law became effective. In addition, it amends the definition of the term "discharge" to clarify that a discharge does not include an emission which is a release into the outdoor atmosphere.

    Rose Acre Farms in Hyde County has been strangled with unnecessary regulations. This is a significant step in the right direction to help the situation with Rose Acre Farms. Because of this provision Rose Acre Farms will not automatically have to go in front of the Environmental Review Commission after going through the Administrative Law Judge process. The Farm in Hyde County is an egg producing operation consisting of about 3.5 million hens and employs about 150 people. This is a perfect example how this bill cuts through the red tape that chokes off economic growth and makes our state a more attractive place to do business.

Senator Jean Preston Marine Shellfish Sanctuary

    It is the intent of the General Assembly to establish a marine shellfish sanctuary in the Pamlico Sound to be named in honor of former Senator Jean Preston, to be called the "Senator Jean Preston Marine Shellfish Sanctuary." The provision directs the N.C. Division of Marine Fisheries (DENR) to designate an area of approximately 10,000 acres in Pamlico Sound as a recommendation to the N.C. General Assembly Environmental Review Commission (ERC) for designating a marine shellfish sanctuary and a management plan as well.

    This provision is a study and no authorization exists until the N.C. General Assembly ERC is comfortable with the plan. This is a great example of how we are focused on helping to promote opportunities for our shellfish and commercial fisherman in eastern North Carolina. The plan should include recommendations for statutory or regulatory changes needed to expedite the expansion of shellfish restoration and harvesting in order to expand the coastal economy. The provision language is the same as to what I had crafted in Senate Bill - SB808. In addition, the plan should include a program to award free or discounted leases to commercial fishermen who have held one or more commercial fishing licenses continually for a period of 10 or more years and receive at least fifty percent of their income from commercial fishing with those licenses.

Amend Transplanting of Oyster and Clams Statute

    Currently those in the mariculture industry can only transplant oyster seeds in the springtime. The language included in SB734, will authorize and allow transplanting oyster seeds at any time during the year. Again, we're committed to promoting economic growth in the mariculture industry. Allowing more latitude for those in the industry to transplant oyster seeds will continue to help the industry to prosper.

Fee Rollback for Oyster Permits Under Private Docks

    The Division of Marine Fisheries requires a permit for oyster harvesting under private docks at the coast. In order to promote oyster habitat revitalization, this provision eliminates the fee but still requires the issuance of a permit so Marine Fisheries can still track these activities. Marine Fisheries reports the elimination of this first-year fee will only amount to approximately $2,500 in revenue for their agency.

Contact: Jordan Hennessy
     jordan.hennessy@ncleg.net, •  (252) 619-3606


     300 N. Salisbury Street
     Room 525 • Raleigh, NC 27603

    Phone: (919) 715-8293  •  Fax: (919) 754-3296  •  bill.cook@ncleg.netand was built with much of local resources.