MT Raleigh Report – HB47 is A Critical $500M Lifeline for Western NC Recovery

If you’re surprised to learn that the North Carolina General Assembly has been in session since January, you’re not alone. Despite the urgent needs of Western NC following Hurricane Helene, the legislature has yet to approve a relief package so far this year.

That may soon change. This week, the state House is expected to approve HB47, a $500 million relief bill. While that’s a step in the right direction, the bill still faces uncertainty in the Senate, and it remains unclear when and at what amount the General Assembly will use its billions in unspent reserves for disaster aid.

What’s in HB47?

HB47 would allocate state funds for housing, environmental restoration, debris removal, small business grants, and other critical recovery efforts. MountainTrue supports this bill, particularly the funding for debris removal and restoration projects. You can find a plain-English summary of the latest version of the bill here.

What’s Next?

If the bill passes the House as expected, it will still need approval from the Senate, which has shown less urgency on disaster relief. Senate leaders tend to be more cautious about spending and want to wait for federal agencies like FEMA to complete their recovery work before committing state funds. This could delay progress or result in a reduced package.

MountainTrue has already reached out to Senate leaders to advocate for quick approval of HB47 as written. Our staff will be in Raleigh this week to meet with lawmakers across both parties to stress the importance of timely disaster assistance and share our priorities for the 2025 legislative session.

You can read our full 2025 legislative agenda here.

Looking Ahead

HB47 is just the beginning. House leaders have indicated that it will be the first of several disaster relief bills for Western NC. However, differences between the House and Senate are likely to continue, particularly regarding the amount and structure of disaster funding. The Senate’s preference may be to address this through the broader 2025-2027 state budget process, which typically takes months to finalize.

Governor Josh Stein expressed support for the House’s disaster recovery bill as a good start while calling for even larger investments in recovery. He also urged the federal government to provide an additional $19 billion in disaster aid.

Why Your Support Matters

The General Assembly’s action – or inaction – on Helene recovery underscores the importance of having a strong voice for Western NC in Raleigh. That’s why MountainTrue is proud to be the only WNC environmental organization with a year-round lobbyist in the state capital. Your support makes that possible, and we are deeply grateful.

Thank you for standing with us as we continue advocating for a strong, swift recovery for our region.

MT Raleigh Report: Politics, Disaster Relief, and the Fight for Western North Carolina’s Future

What a year – in Raleigh and, of course, in Western North Carolina.

Among the many lessons those of us here in the mountains learned, again, this year is that what happens – or does not – in Raleigh has a real impact on our communities, our mountains, and our future.

Certainly, that has to be one of the takeaways about the North Carolina General Assembly’s response to the disaster that hit the mountains a couple of months ago. Since September, the legislature has approved three bills that included disaster-related funding for a total of $1.13 billion in state funds. Click here for an overview of the legislature’s efforts on the disaster to date.

The most recent of these bills is SB382, which included $225 million transferred to a state fund for disaster relief but NOT approved for any specific program or project. Leaving that transfer aside, SB382 included a mere $32 million approved for disaster relief. The remaining balance must be earmarked and approved by the legislature before it reaches WNC.

Beyond the first dozen or so pages loosely focused around disaster relief are over 100 pages of “Various Law Changes,” the real meat of SB382 designed largely to shift power away from the executive branch. This power grab disguised as disaster relief caused three WNC Republican Representatives – Mike Clampitt, Karl Gillespie, and Mark Pless – to join Democrats in voting against the bill, although it passed both the House and Senate in otherwise party-line votes. It also prompted Governor Cooper to veto the bill, but his veto was later overridden by Republican supermajorities in both chambers and became law. Despite their initial opposition to the bill, Clampitt, Gillespie, and Pless all voted to override the veto and allow the bill to become law.

So why is disaster relief getting held up? It’s certainly not because money’s tight. State Budget officials recently told a legislative committee has a whopping $9.1 billion in inappropriate reserves, including almost $4.8 billion that was in the state’s “rainy day fund” itself when Helene hit, plus $1 billion in a stabilization and inflation reserve and another $732.5 million in a emergency response/disaster reserve. Legislators could also use another $1.1 billion from savings and still remain in compliance with state law.

Gov. Cooper’s request for a $3.9 billion state set-aside for hurricane relief presumed the use of about $3.5 billion from these sources.

So, if money is not the problem, what is the hold up on state disaster relief? For their part, budget writers for the Republican majorities in the House and Senate argue that it’s smart policy to hold back state relief funding and allow federal disaster relief to make its way to the region. They worry that if state funds are used on efforts that are eligible for federal relief, the feds may not reimburse the state for its recovery efforts. GOP budget writers say it’s better to let the federal money be the first in – and the state funding the last to address needs FEMA and other federal programs do not get to. They also point out that Congress is likely to provide more money for WNC recovery before the end of 2024.

The problem with waiting, of course, is that many in WNC need help, now, for things we know that the federal government won’t pay for. Many small business owners, for example, can’t afford to take on more debt via the disaster loan programs offered by FEMA. Without direct grants, many business owners say their businesses won’t survive the disaster.

Debris removal is also an urgent need. While the federal agencies and the North Carolina Department of Agriculture and Consumer Services have both state and federal funds to help local governments clear rivers of storm debris, these funds are often restricted to trees and other natural debris – not the cars, trucks, and tons of garbage that were swept into every river basin in the region – and are further restricted to those debris jams that pose a risk to flooding or structural damage. The funding is also distributed locally, making regional clean-up efforts more difficult to get up and running. And timing is important: our rivers and streams need to be safe and ready to use come spring when the outdoor recreational season brings thousands of visitors and their dollars to the region.

With those waters – and our outdoor economy – in mind, MountainTrue has asked legislators to fund a regional debris clean-up effort that is also supported by the outdoor recreation industry’s umbrella group, the Outdoor Recreation Coalition. Our goal is to employ those in the outdoor industry, who have been displaced by the disaster, to clear out tons of debris in time for the start of the recreation season this spring. Despite the legislature’s reluctance to use state funds for this kind of effort, MountainTrue has started a small pilot program in Madison County with private funds that will make some popular whitewater safe for paddlers early in 2025.

We plan to use this pilot to continue to lobby legislators for debris removal funding – and employment for those put out of work by the disaster. Early word in Raleigh is that legislators will take up a state-funded package of disaster recovery efforts early in their 2025 session, which begins in late January.

Looking further back into the legislature’s work this year doesn’t provide much more to celebrate. With GOP supermajorities in both the House and Senate AND a budget surplus topping $1 billion, legislative leaders were unable to muster the votes to send a revised budget for FY2024-2025 to Gov Cooper this summer. In the absence of a revised budget, they left the surplus uninvested and dozens of important conservation projects, including many in WNC, unfunded.

Unfortunately, the 2025 legislative session doesn’t provide much hope that lawmakers will address the many issues facing North Carolina. With the GOP supermajority now gone in the House, the 2025 session promises to be a drawn-out stalemate between the GOP leadership in the General Assembly and Governor-elect Josh Stein, a Democrat.

For its part, MountainTrue will continue to be in the middle of debates about disaster recovery and rebuilding, clean water and air, and sustainable development and rebuilding. Thank you for the investments you make in MountainTrue and its work in Raleigh – we couldn’t do it without you.

Groups ask EPA to withdraw state authority over water permits

CHAPEL HILL, N.C.— The Southern Environmental Law Center today filed a petition on behalf of community groups with the Environmental Protection Agency asking it to take back North Carolina’s authority to regulate water pollution because the state legislature is crippling the state’s ability to protect its waterways, drinking water sources, and communities from harmful pollution. SELC filed the petition on behalf of Cape Fear River Watch, Environmental Justice Community Action Network, MountainTrue, and the Haw River Assembly.

“The people of North Carolina deserve clean water, yet the state legislature is preventing the state from limiting toxic pollution of our waterways and drinking water,” said Mary Maclean Asbill, director of the North Carolina Offices at the Southern Environmental Law Center which represents the conservation organizations. “Legislative-induced failure is not an option when it comes to protecting North Carolina’s water and communities, so we are asking the Environmental Protection Agency to step in.”

As with most states, EPA delegated authority to North Carolina to regulate pollution from industry and wastewater treatment plants into rivers, lakes, and other waters through the “National Pollutant Discharge Elimination System” program. This means the state took on EPA’s legal duty to issue water pollution permits that protect North Carolina waters and include participation from the public, and to enforce against any polluters that violate water quality laws.

The petition documents how the North Carolina General Assembly has systematically undermined the North Carolina Department of Environmental Quality and the Environmental Management Commission to the point that the state can no longer effectively protect its waters, including through the following actions.

Supermajority controlled commissions block DEQ efforts to protect North Carolinians from toxic chemical pollution, including from PFAS and 1,4-dioxane. Laws passed by the General Assembly have ensured that the state Rules Review Commission and Environmental Management Commission effectively are controlled by a supermajority in the General Assembly that is hostile to environmental protections. North Carolina waterways like the Cape Fear River Basin, including the Haw River, have among the highest levels of toxic pollutants like PFAS and 1,4-dioxane in the United States. But these increasingly partisan commissions are blocking development of important water quality standards for these toxic chemicals and harming the state’s ability to protect communities from them.

New laws enacted by the General Assembly give a free pass to polluters by mandating weak state permits for fish farms and certain wastewater treatment plants.These new laws force the state to allow many polluters, including fish farms and certain wastewater treatment plants, to release pollution into the state’s waters and drinking water sources. The laws mandate weak permits that only control a short list of pollutants hand-picked by legislators, cutting experts and scientists at DEQ and the public out of the permitting process. In doing so, the General Assembly prevents DEQ from using its expertise to evaluate and control other potential pollutants, including toxic PFAS, 1,4-dioxane, mercury, and arsenic.

The General Assembly’s decade-long failure to properly fund DEQ endangers North Carolinians by sabotaging the state’s ability to protect communities from harmful pollution. For years, the state budget enacted by the General Assembly has systematically underfunded DEQ as compared to other state agencies. Because the agency is severely understaffed as a result of the legislature’s actions, at least one fourth of the state’s polluters are releasing their pollution under expired permits. This means that North Carolinians are deprived of permits that incorporate available treatment technologies that protect the health of communities, wildlife and water quality, and that comply with the law.

The North Carolina Office of Administrative Hearings is preventing the state from complying with the Clean Water Act.The state legislature modified state law to give the Office of Administrative Hearings final authority over water pollution permits, cutting the public out of the permitting process. Now, the chief administrative law judge is poised to strip DEQ’s authority to control toxic 1,4-dioxane pollution in these permits. The chief administrative law judge also recently ordered DEQ to pay nearly one million dollars in attorneys’ fees, penalizing the agency for doing its job and paralyzing it from issuing permits that polluters are likely to challenge.

Petitions typically lead to EPA investigations of issues raised. EPA may work with the state and petitioners to resolve the concerns, deny or grant the petition.

MT Raleigh Report: NC State Budget Update – July 2024

When – or if – the history of the 2024 legislative session of the North Carolina General Assembly is ever written, it will be recalled more for what lawmakers were NOT able to accomplish than what they managed to do.

The General Assembly’s paralysis was most striking in its attempts to approve a revised budget for the 2024-25 fiscal year. Lawmakers approve a two-year budget in odd-numbered years and adjust the second-year spending plan in even-numbered years to account for fluctuations in revenue, salary increases for state employees, and dozens of other needed changes.

Despite months of negotiations, veto-proof Republican majorities in both the House and Senate AND a revenue surplus of more than $1 billion, the GOP-controlled House and Senate were unable to agree on a revised budget. Instead, they approved very limited funding bills to provide modest, stopgap assistance for childcare centers and a few other items.

In the absence of a revised budget, the FY24-25 budget approved last year remains in place, but leaves the state’s massive budget surplus sitting, uninvested, in the state’s coffers until lawmakers decide to act – most likely during next year’s long session, which begins in January.

For MountainTrue – and Western North Carolina – the budget stalemate means that our requests for investments to help reduce water pollution in the French Broad, to improve paddle trails on the First Broad and Watauga Rivers, and to fund a variety of nonpartisan outdoor recreation projects across the region will have to wait at least another year. You can find a list of MountainTrue’s legislative priorities here.

The paralysis in Raleigh was not limited to the budget. Dozens of bills – most of them noncontroversial – died in committee, held hostage in vain efforts by both the Senate and House to force the other to come to the table on unrelated issues. Among the victims: a bill to require local governments to pass ordinances encouraging “accessory dwelling units”. MountainTrue supported this legislation – which was approved by the House last year nearly unanimously – as a noncontroversial way to increase affordable housing stock without encouraging sprawl, among other environmental benefits to building more densely in already developed urban areas. Unfortunately, the bill was never heard in the Senate and will have to start from the beginning of the legislative process next year.

Despite our frustrations with the General Assembly, MountainTrue will continue to advocate for a clean, healthy mountain region in the state capital. We are already drawing up plans for our 2025 priorities and meeting with lawmakers in their home districts to discuss our to-do list for next year. Your support of MountainTrue makes this work possible – thank you for being part of our lobbying team.

MountainTrue Advocates for Environmental Priorities During Raleigh Lobbying Trip

Photo: MountainTrue’s Legislative Advocacy Team sits down with Senator Tim Moffitt to discuss the specifics of a proposed Accessory Dwelling Unit (ADU) bill.

At the beginning of May, the MountainTrue legislative advocacy team embarked on a lobbying trip to Raleigh, marking our first visit to the NC General Assembly’s short session. This trip was instrumental in advancing our legislative agenda and fostering meaningful conversations with key lawmakers.

We extend our heartfelt thanks to Representatives Dudley Greene, Jimmy Dixon, Jake Johnson, Jennifer Balkcom, Eric Ager, Ray Pickett, and Senators Warren Daniel, Kevin Corbin, Tim Moffitt, and Julie Mayfield. We also appreciate the staff of House Speaker Tim Moore and Senate President Pro Tempore Phil Burger for their valuable time and engagement.

Senator Kevin Corbin

Senator Kevin Corbin with MountainTrue High Country Director and Watauga Riverkeeper Andy Hill.

Senator Julie Mayfield

MountainTrue’s Legislative Advocacy Team with Senator Julie Mayfield.

Representative Jimmy Dixon

MountainTrue’s Gray Jernigan, Nancy Diaz, and Bob Wagner, posing for a photo with Representative Jimmy Dixon.

During our meetings, we discussed the various programs, projects, and policies that MountainTrue supports. We shared our legislative priorities for the session, receiving positive feedback and valuable insights from our legislators. Here are the key initiatives we are focusing on this year:

Helping Property Owners Reduce Stormwater Pollution

The Community Conservation Assistance Program (CCAP) is a vital initiative that allows local soil and water districts to assist property owners in reducing stormwater pollution. Unfortunately, the demand for CCAP exceeds its current funding. By advocating for dedicated funding for the CCAP program, particularly in the French Broad River watershed, we aim to significantly reduce stormwater pollution in areas frequently used for recreation.

Supporting Rural Families with Failing Septic Systems

MountainTrue has partnered with NC DHHS to administer funding for repairing failing septic systems in Western North Carolina. This partnership has inspired Buncombe County to launch its own septic repair program. We are pushing for grants to local health departments in WNC to enable other counties to establish their own programs, thereby improving public health and environmental quality in rural areas.

Expanding E. coli Monitoring in the French Broad River

By expanding the state’s real-time E. coli bacteria detection program in the French Broad River, we can provide the public with accurate and timely information about bacteria pollution levels. This expansion is crucial for ensuring the safety of the river, which is heavily used for recreational activities.

Securing State Trail Designations for Paddle Trails

We are working to secure State Trail designations for the First Broad River in Cleveland County and the Watauga River in Watauga County. These designations will accelerate the development of paddle trails, enhancing recreational and economic opportunities for local communities.

Advocating for Local Projects and Smart Infill Development

MountainTrue is actively seeking funding for several local projects, including dam removals, trails, and greenways throughout the WNC region. Additionally, we are advocating for legislation that mandates local governments to adopt ordinances permitting the construction of accessory dwelling units in residential areas. This initiative aims to promote smart infill development, address the housing shortage, reduce the climate impacts of commuting, and protect rural areas from sprawling development.

Stay Connected and Support MountainTrue

As the session progresses, we will continue to update you on our advocacy efforts and achievements. Your support is crucial in ensuring that WNC has a strong voice for the environment in the General Assembly. MountainTrue is proud to be the only environmental organization in WNC with a full-time presence in Raleigh, and with your continued support, we can make a significant impact.

Thank you for standing with us in our mission to protect and preserve the environment in WNC. Stay tuned for more updates and action opportunities!

2024 Western North Carolina Conservation Priorities

Support and Protect our Mountain Waters – and the Jobs and Businesses that they Sustain

Mountain rivers and streams are big business. A recent report conducted by economists at Western Carolina University found the total economic impact of the French Broad River is $3.8 billion annually, and river-reliant businesses create or maintain 38,554 jobs each year. Similarly, each dollar anglers spend to fish for mountain trout in Western North Carolina returns $1.93 to our economy and results in a $1.38 billion impact, according to new data from the NC Wildlife Resources Commission.

Unfortunately, stormwater pollution, man-made barriers like dams, and development pressure threaten this economic engine by making our waters unsafe for the thousands of recreational users and unsuitable habitat for a thriving fishery. One of the most popular areas for recreation, a 19-mile section of the French Broad River – from the Asheville Regional Airport, through the Biltmore Estate and the River Arts District in downtown Asheville – was added to NC’s list of impaired waterways in 2022.

To support our mountain waters and the local economy, MountainTrue supports the following:

Help property owners reduce stormwater pollution – The Community Conservation Assistance Program (CCAP) allows local soil and water districts to help property owners reduce stormwater pollution. Unfortunately, demand for CCAP far outstrips its funding. $500,000 nonrecurring for CCAP program in the French Broad River watershed will significantly reduce stormwater pollution in an area that is heavily used for recreation.
Help rural families repair failing septic systems – MountainTrue and NC DHHS recently partnered to administer funding to fix failing septic systems in WNC, and the effort spurred Buncombe County to launch its own program. Help rural counties in WNC (outside of Buncombe County) administer their own septic repair programs with an appropriation of $400,000 nonrecurring to NC DHHS for grants to local health departments.
Expand Real-time E. coli Monitoring in the French Broad River – Recently, NCDEQ launched the first real-time sensor in the French Broad River in Buncombe County to give river users an up-to-date picture of bacteria levels. Two more sites in Henderson and Transylvania Counties are needed to automate bacteria monitoring across the upper watershed. Legislators can help by providing $100,000 nonrecurring for modeling and equipment to expand this service.
State Trail Designation for Two State Paddle Trails – The First Broad River (Cleveland County) and Watauga River (Watauga County) are popular paddling and fishing destinations with opportunities to expand access. State Trail designation will accelerate the development of paddle trails on these rivers and boost recreational and economic opportunities for local communities.

WNC Public Access, Restoration, and Recreation Investments:

Old Fort Finishing Dam Removal design phase is underway, but funds are still needed for the demolition phase ($350,000 nonrecurring to American Rivers). McDowell County
Craggy and Cullowhee Dam Removal projects need funding for required feasibility studies ($100,000 nonrecurring to American Rivers). Buncombe and Jackson Counties
Expand the Blue Ridge Snorkel Trail to include one site in each WNC county and promotional materials ($150,000 nonrecurring to Mainspring Conservation Trust). All WNC Counties
Improve River Walk in downtown Murphy to extend the path to an affordable housing development ($250,000 nonrecurring to the Town of Murphy). Cherokee County
Improve public access to the Watauga River Paddle Trail by purchasing an additional access point in Watauga County ($500,000 nonrecurring to Watauga County). Watauga County
Develop a new public access point and riverwalk on Green River ($250,000 nonrecurring to Polk County Community Foundation, providing $250,000 match). Polk County
Enhance Chestnut Mountain Nature Park by expanding trails and improving the playground and creekside park ($450,000 nonrecurring to the Town of Canton). Haywood County
Complete the Wave and Riverside Park addition to the $32 million Woodfin Greenway and Blueway ($250,000 nonrecurring to the Town of Woodfin). Buncombe County

Other policy and funding initiatives that MountainTrue supports:

Support Abundant Housing Legislation – Opportunities for dense, energy-efficient housing located close to jobs reduces energy demand and transportation emissions. HB 409 passed the House in 2023, which would allow homeowners more freedom to build accessory dwelling units and add to available housing supply. MountainTrue supports the final approval of this bill by the General Assembly in 2024.\
Reduce Plastic Pollution – North Carolina took a step backward in addressing plastic pollution with language in the state budget prohibiting local governments from taking action. However, HB 28 – approved by the House in 2023, would initiate a study of plastic reduction opportunities. We encourage the Senate to pass this bill in 2024.
Plant Native – Non-native invasive plants harm ecosystems across the state, but SB 318 would require the use of native plants and seeds in state parks and on state highways. This bill passed the Senate in 2023, and we encourage the House to approve it in 2024.