MT Raleigh Report: The Good, The Bad and The Big Picture on NC’s New Budget

Last week, in a blur of committee meetings and debates on the Senate and House floor, the legislature completed its most important task of the 2018 General Assembly session – approval of the $24 billion state budget for the 2018-19 fiscal year, which begins July 1.

The budget is now in the hands of Gov. Roy Cooper who is widely expected to veto it. With veto-proof majorities, the GOP House and Senate will undoubtedly override Cooper’s veto. So while the budget process still has several weeks to go before completion, what we saw last week in the budget is basically what we are going to get for FY2019.

As is often the case in the sausage-making of the General Assembly, one has to consider what the General Assembly included (or didn’t) in the budget as well as how it went about its work. It’s also important to step back from the details of the budget and consider it in a broader context.

In this report, we’ll try to do a little of all three.

(And for you policy wonks who want to look at the budget itself, it’s divided into two documents – a budget bill and a money report, which lists all various expenditures made in the budget.)

What’s In the Budget for The Environment?

From an environmental perspective – and in comparison to previous spending plans approved since the current GOP majorities took control of the legislature in 2011 – this latest spending plan had some positive elements.

For example, the new budget includes a substantial, $3.6 million investment in landslide mapping for WNC counties. This funding has been a MountainTrue legislative priority for several years out of concern for public safety. We also support the mapping because it allows local communities and individuals to make informed decisions about development. It’s a sad irony that several people were killed in landslides in the region the same week the legislature approved this funding, leading to press reports exploring whether the fatalities might have been avoided if the legislature had not cut the program in 2011.

Many thanks to Rep. Chuck McGrady, who led the effort to fund the mapping this year, and who opposed the 2011 cuts as a freshman legislator.

MountainTrue is also pleased that the legislature chose to maintain or expand funding for the Clean Water Management Trust Fund, as well as trust funds that support state parks and farmland preservation. While these trust funds have not returned to their pre-recession funding levels, we are grateful that funding is increasing, even if slowly.

From the Every Little Bit Helps File, we also note that the legislature provided $225,000 to protect the state’s hemlock trees from invasive insects and $20,000 for a study of whirling disease, which threatens the state’s trout industry. The whirling disease funding was a legislative priority for MountainTrue, and we thank Sen. Deanna Ballard of Alleghany, Ashe, Avery, Caldwell and Watauga counties for getting and keeping that funding in the budget.

We are more ambivalent, however, about the General Assembly’s response to the clean water issues raised by GenX contamination in the Cape Fear River. While the legislature made very modest investments in the NC Department of Environmental Quality, the funding remains far short of the resources the Department needs to respond to GenX, as well as other water quality issues across the state.

The changes lawmakers made to the package of GenX appropriations and policies in the budget at the request of industrial polluters are also problematic. Even the General Assembly’s effort to get ahead of the emerging contaminant issue is a mixed bag. While lawmakers provided $5 million for statewide testing of drinking water supplies, they made those investments outside DEQ where they are best located and limited the testing to a narrow collection of compounds instead of testing for all “emerging contaminants.”

(To read MountainTrue’s GenX analysis, click here.)

A Behind Closed Doors Budget Process

That brings us to the how of the budget – the process lawmakers used to draft and vote on how to spend taxpayers’ money.

Unfortunately, for the average citizen and many legislators, there was no budget “process” this year. Lawmakers began meeting behind closed doors weeks before the session started on May 16. Last week, they released the spending plan and presented it at committee meetings, where amendments were not accepted. Then, legislative leaders put the bill on the Senate and House floors for one, yes-or-no, take-it-or-leave-it vote in each chamber – again without allowing any amendments or changes to the bill.

For the first time since at least the 1970s, the majorities in both the House and Senate approved the state’s spending plan without allowing any public comment on the bill or any amendment by any legislator, regardless of party. It was a breathtaking and disturbing display of raw political power that should leave all North Carolinians – whatever their political affiliation – concerned about their government’s commitment to basic democratic values.

The Bigger Picture

When considering the budget approved last week, it is important to think about the choices that lawmakers have made that impact how much money they have to spend on the environment and other critical needs. More specifically, since 2013, the General Assembly has approved roughly $3 billion in tax cuts, which have created a sense of scarcity in the General Assembly, where budget writers regularly report the difficulty they face in addressing the state’s pressing needs. The result is a budget process – and a budget – that unnecessarily pits education spending and salary increases for state employees, for example, against investments in clean water and clean air.

In our view, these are false choices, imposed on all of us by legislative leaders who are unwilling to have a broader debate about the state’s needs and how to meet them – or, this year, any debate at all.

Michael Franti Returns to Asheville July 27 to Headline the Riverkeeper Beer Series

Michael Franti & Spearhead return to Asheville on Friday, July 27 to headline the Riverkeeper Beer Series at the Salvage Station for the second year in a row. The show is presented by MountainTrue and 98.1 The River, with proceeds supporting the work of the French Broad Riverkeeper – a MountainTrue program that serves as the primary protector and watchdog of the French Broad River Watershed.

“Michael Franti & Spearhead brought such amazing energy to Asheville last year that it was a no-brainer to bring him back for this year’s French Broad Riverkeeper Concert,” says French Broad Riverkeeper Hartwell Carson. “Asheville loves Michael and he seems to love us back. Last year he took a surprise tubing float down the French Broad before jumping on stage.”

Michael Franti is a world-renowned musician, filmmaker, and humanitarian who is recognized as a pioneering force in the music industry. Franti believes in using music as a vehicle for positive change and is revered for his energetic live shows, political activism, worldwide philanthropy efforts and authentic connection to his global fan base known as the SOULROCKER FAM.

Michael Franti is the headliner for the Riverkeeper Beer Series, presented by Asheville GreenWorks and MountainTrue. Come out for a river cleanup or float during the day and stick around for a special beer release and after-party. There will also be prizes from the Asheville Gear Builders for most trash collected, weirdest trash, and a host of other prizes.Come join the fun this summer at each of these breweries:

June 2 – Cleanup of the Swannanoa River with beer release party at the Wedge at Foundation.

June 28 – Cleanup of the French Broad River with beer release party at Wicked Weed Brewing Pub.

July 21 – Cleanup of the Swannanoa River with beer release party at the Catawba Brewing Company in Biltmore Village.

July 27 – Michael Franti & Spearhead Concert at the Salvage Station.

August 25 – Cleanup of the French Broad River and Hominy Creek with a beer release party at French Broad Outfitters, featuring a tap takeover by Hi-Wire Brewing and live music (artist TBD).

September 8 – Cleanup of the French Broad River with an after-party and concert at Sierra Nevada Brewing Company.

September 15 – Cruise Then Brews Paddle with Headwaters Outfitters. Paddle down the French Broad River in Transylvania County followed by a beer release party at Oskar Blues Brewery.

To learn more information and register for the Riverkeeper Beer Series events, visit MountainTrue.org.

Tickets: Tickets go on sale March 28 at 10am for Michael Franti fan club members, and will go on sale for the general public March 30 at 10am. Tickets are available at the Salvage Station or online at SalvageStation.com. General admission tickets are $33.50 and include a download of Franti’s newest album. VIP tickets are $110 and include a VIP pre party from 5-7pm at the Salvage Station, an acoustic performance by Michael, a fully catered meal, booze at the pre-party and a special roped off viewing area with a private bar.

The Riverkeeper Series is sponsored by MountainTrue, Asheville GreenWorks, 98.1The River and French Broad Outfitters. Other sponsors include Wedge Brewing Company, Wicked Weed Brewing Pub, New Belgium Brewing Company, Sierra Nevada Brewing Company, Oskar Blues Brewery, Sanctuary Brewing Company, Catawba Brewing Company, WNC Magazine, Mountain Xpress, and Recover Brands.

MountainTrue champions resilient forests, clean waters and healthy communities in our region. We engage in policy advocacy at all levels of government, local project advocacy and on-the-ground environmental restoration projects. Primary program areas include public lands, water quality, clean energy, land use/transportation and citizen engagement. We are also home to Riverkeepers for the French Broad, Watauga, Green and Broad Rivers, who are the primary defenders and spokespeople for these waterways. For more information: mountaintrue.org.

With thousands of volunteers, Asheville GreenWorks engages the community in grassroots projects such as urban forestry, environmental cleanups, anti-litter and waste reduction education, creation of green spaces, care and preservation of Asheville’s rivers and trees. Through our work, Asheville has been designated as a Tree City USA for 37 years.

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French Broad Riverkeeper Releases New Report on River’s Health

Asheville, NC – The French Broad Riverkeeper has released the State of the French Broad River Watershed 2018, the first published report that grades the cleanliness and water quality of 62 creeks and streams throughout the French Broad Watershed.

“Right before jumping into the river, the number one question people ask me is ‘Is it clean?’” says French Broad Riverkeeper Hartwell Carson. “This report is an answer to that question.”

The report combines testing results from the North Carolina Department of Environmental Quality, the Volunteer Water Information Network, the Stream Monitoring Information Exchange, and MountainTrue’s volunteer water quality monitoring programs, weights the data and gives each stream a grade from A through F.

An A grade is given to streams that have excellent water quality and low pollution levels, and Fs are given to streams that have poor water quality. Sixty-six percent of streams scored A or B, a vast improvement from decades past. However improvements are still needed, as 34 percent of the rivers in the report were rated a C or a D.

Four Cleanest Streams:

Middle Fork French Broad River – 100 points

Cathey’s Creek – 100 points

Cataloochee Creek – 100 points

Pigeon, upstream of Canton – 100 points

Four Dirtiest Streams:

Turkey Creek – 60 points

Newfound Creek – 62.5 points

Boylston Creek – 65 points

Fines Creek – 65 points

The report is averaging data sets from various sources collected over the last few years. “The report serves as a good, useful guideline,” explains Hartwell Carson. “But it’s important to remember water quality will vary a bit depending on weather conditions. Water is usually dirtier right after a big rainstorm, so be more cautious when the water is cloudy.”

The cleanest waterways are well protected from pollution, and most of their watersheds are located in protected public lands that lack a lot of agriculture, development or industrial pollution sources. The dirtiest streams lack land-use protections and are heavily impacted by bad agricultural practices and development.

Sediment and bacteria pollution are the most common sources of pollution to our waters. Sediment pollution is caused by runoff from construction sites and agricultural operations as well as eroding stream banks. Bacteria pollution comes from agricultural runoff, sewage leaks and faulty wastewater treatment plants.

If you’re interested in helping to make the French Broad River cleaner and healthier, you can take part in the French Broad Riverkeeper’s water quality volunteer programs. The French Broad Riverkeeper also spearheaded the development of the Muddy Water Watch smartphone app, which allows the public to easily document and report erosion incidents to the appropriate authorities on-the-go. To learn more and download the app, visit: http://www.muddywaterwatch.com/ or get it from the Apple App Store (https://itunes.apple.com/us/app/muddy-waters-watch/id1092256794) or Google Play (https://play.google.com/store/apps/details?id=com.statcrew.muddywaterwatch).

Methodology

The State of the French Broad River Watershed, 2018 report report is an average of all the data available in the French Broad Watershed over the last several years. The report combines chemical data from the Environmental Quality Institute (EQI), benthic macroinvertebrate data from EQI and MountainTrue, E. coli data from MountainTrue’s Swim Guide, and a variety of data sources from the North Carolina Department of Environmental Quality (NCDEQ). The chemical and benthic data was converted into a number so it could be averaged into an overall rating for each stream.

Chemical data from EQI is made available through their Volunteer Water Information Network (VWIN) program. That data is rated as excellent, good, average, below average and poor. Those were assigned the following rating: excellent – 100, good – 90, average – 80, below average – 70, and poor – 60. Benthic macroinvertebrate data is provided through the Stream Monitoring Information Exchange, which lists its stream ratings as excellent, good, good-fair, fair and poor. Those rating were assigned the same ratings as the VWIN data with excellent – 100, good – 90, good-fair – 80, fair – 70 and poor – 60. Swim Guide data was assigned an average of the number of times the data passed the US Environmental Protection Agency’s safe swimming benchmark of 235 E. coli units per 100/ml. If the site passed 75% of the time, then a rating of 75 was assigned that location.

The NCDEQ data was taken from the 303(d) list of water quality data taken by the state. This data is more complicated to average than the previous data sets because it is a mix of testing results for chemical, benthic, bacteria, fish, chemical and specific pollutants . Some locations had multiple parameters measured, such as fish, bacteria and benthic. Each combination of data was assigned an average listed below.

If two parameters either meet the state standard or are good, the score is 100
State data for benthos is good/fair – 85
State data benthos is not impaired – 80
Benthos fair – 65
Benthos poor – 55
Benthos fair and fish poor – 55
Benthos poor, fish fair – 55
Fish good, benthos fair – 77.5
Benthos good/fair, fish good – 90
Fish community excellent, benthos good or vice/versa – 95
Fecal impaired – 60
Meets criteria for a long list of water quality standards – 100
Meets criteria for a long list of water quality standards with some inconclusive – 100
Meets criteria for a long list of water quality standards except one – 90
Two standards are good and one failed – 80

Data points were grouped into subwatersheds and averaged, and this is how we arrived at the final ratings as displayed in the State of the French Broad River Watershed, 2018 report.

MountainTrue Raleigh Report: The General Assembly, GenX and the Future of NC Drinking Water

May 16 marked the first day of the 2018 legislative session, and it took less than one day for lawmakers to begin making headlines about what is likely to be the biggest environmental issue of the session – the General Assembly’s response to the 2016 discovery of GenX, an “emerging contaminant” in the water supply of tens of thousand of people in the Cape Fear region and perhaps thousands more across the state.

(Click here for previous MT Raleigh updates about the GenX issue and its implications for WNC water supplies.)

Lawmakers in both parties, as well as Democratic Governor Roy Cooper, have been sparring over who is responsible for the GenX contamination and what to do about it for more than a year. The debate has raged in the media as well as in two special legislative sessions held earlier this year. In both sessions, GOP lawmakers in the House and Senate largely ignored Cooper’s demands but could not agree on competing GOP proposals.

The stalemate among Senate and House Republicans may have broken. On May 17, key GOP members from the Cape Fear region announced their agreement on what they call a “comprehensive plan to help ensure their constituents have access to clean, safe drinking water and to extend efforts to remove GenX pollution from public water supplies.”

Their proposal, which was introduced in both the House and Senate, provides $2 million to help extend municipal water lines to homes with GenX-contaminated wells. It also provides $8 million for university researchers to conduct statewide sampling and analysis of GenX and other emerging contaminants in public water supplies. And it earmarks $1.8 million to the NC Department of Environmental Quality to purchase a mass spectrometer and hire additional staff for water quality sampling and analysis and to address its permitting backlog.

The bill also makes changes to DEQ’s authority to regulate GenX. Some environmental attorneys say the changes may actually delay the Department’s ability to regulate GenX and similar compounds.

This is the third GenX proposal in recent weeks. Earlier this spring, Gov. Cooper proposed a $14 million GenX response plan, which includes large funding increases in the NC Department of Environmental Quality. The Governor, and all of the state’s environmental organizations, say new funding is needed after years of steep budget cuts made by the legislature. A third plan, offered by House Democrats, would make similar investments in DEQ while also expanding the Department’s regulatory authority.

So where is all this going? Right now it’s hard to tell. With the GOP in charge of the legislative and budget process, the GOP compromise bill is clearly the one to watch. Whether and how the legislature will debate the bill openly is still unclear. There is some indication that it may be placed in the budget lawmakers are working on and fast-tracked along without much, if any, public debate or even amendment.

For MountainTrue, we have two top priorities for legislative response on this important issue.

The first is adequate funding for state regulators to do the work of protecting our air, water and public health.

Clearly, the Governor’s proposal and the Democratic bill meet this important mark, including funding for DEQ, the NC Department of Health and Human Services’ GenX response as well as statewide testing of all drinking water supplies for emerging contaminants.

While the GOP compromise bill also includes funds for statewide testing as well as new funding for the NC DHHS, it does not fund DEQ sufficiently to meet the challenge GenX and other pollutants pose to our state. We are also worried about reports concerning the unintended consequences of the bill’s changes to DEQ’s regulatory authority.

Our second priority for legislative response to GenX is a simple one: we want a full and healthy debate of all of these proposals, with plenty of opportunity for the public to hear the debate and participate in it, and for the media to cover it for those who can’t come to the capital to hear it for themselves. We also want all legislators – no matter their political affiliation – to have the opportunity to comment on and offer amendments to these proposals. And we want the votes on these amendments recorded so the public knows where our representatives stand on this important issue.

In short, we want the legislature to do what it is supposed to do – take up difficult, important, complicated issues, debate them in public and then make and refine proposals and pass legislation that will make all of us safer and healthier.

If you agree, call your legislator today and demand that the General Assembly protect our water by investing in DEQ and by hearing all the GenX bills in a public process with amendments and recorded votes.

MountainTrue and Mainspring to Host Blackrock BioBlitz at Pinnacle Park in Sylva

Sylva, NC – On June 2, MountainTrue and Mainspring Conservation Trust will sponsor the Blackrock BioBlitz, a citizen-science program that will pair residents with more than a dozen expert naturalists to document the diverse natural communities of Sylva’s Pinnacle Park and its highest point, Blackrock Mountain.

What: Blackrock BioBlitz, sponsored by MountainTrue and Mainspring Conservation Trust.
Where: Pinnacle Park in Sylva
When: Meet up on Saturday, June 02 at 9 a.m. at the carpool location: Bryson Park, 585 Chipper Curve Rd, Sylva, NC 28779
This event is free and open to the public. For more information and to sign up, visit: https://mountaintrue.org/event/blackrock-bio-blitz/

The Blackrock BioBlitz is an opportunity for people who love the great outdoors and want to learn more about the plants and creatures who call Blackrock their home. The park has a significant range of elevation, rising from its base at 3,000 feet to over 5,600 feet.

“BioBlitzes are great citizen-science programs that help people connect with and learn about the natural world around them,” explains MountainTrue Public Lands Biologist Josh Kelly. “We’re going to be documenting a broad range of life at Pinnacle Park, including butterflies, beetles, aquatic invertebrates, vascular plants, bryophytes, lichens, birds, mammals, mushrooms, and more.”

Expert hike leaders will include faculty from UNC Asheville, Western Carolina University, Mars Hill University as well as naturalists from the U.S. Forest Service’s Coweeta Hydrologic Laboratory, NC WRC, Asheville Mushroom Club, Joe Pye Ecological Consulting and MountainTrue.

We will lead groups for all fitness levels, from relaxed hikes through the areas closest to the the base of the park to vigorous ascents of Blackrock. Participants are encouraged to bring at least two quarts of water, rain gear, sturdy footwear and their own lunches.

To sign up, visit: https://mountaintrue.org/event/blackrock-bio-blitz/

About MountainTrue:
MountainTrue is the oldest grassroots environmental non-profit in North Carolina and champions resilient forests, clean waters and healthy communities. We engage in policy advocacy at all levels of government, local project advocacy, and on-the-ground environmental restoration projects across 23 counties in our region.

About Mainspring Conservation Trust:
Located in the heart of the Southern Blue Ridge, the mission of Mainspring Conservation Trust (formerly the Land Trust for the Little Tennessee) is to conserve the waters, forests, farms and heritage of the Upper Little Tennessee and Hiwassee River Valleys. We are dedicated to three core initiatives: conserve the land, restore the water, and connect the people to these valuable resources.

Participants of MountainTrue’s 2016 BioBlitz of Bluff Mountain in Hot Springs on the lookout for rare plant and animal species.

MT Raleigh Report: GOTV, DEQ Focuses on Enviro Justice, the Session is Coming

Get Out and Vote

Primary elections are being held across North Carolina today. Regardless of party, we encourage you to learn about the candidates and the issues and head to the polls. You can get customized voter information at https://www.vote411.org/.

DEQ Focuses on Environmental Justice

Last week, the North Carolina’s Department of Environmental Quality (DEQ) announced the 16 members of its new Environmental Justice and Equity Advisory Board. The Board is charged with assisting DEQ in achieving and maintaining fair and equal treatment and meaningful involvement of North Carolinians regardless of where they live, their race, religion or income.

“These Board members have been tasked with working directly with me and DEQ staff to help us elevate the voices of the underserved and underrepresented as we work to protect the public’s health and natural resources,” DEQ Secretary Michael Regan said at the announcement.

Most consider North Carolina to be the birthplace of the environmental justice movement, born in Warren County in 1982 during a long fight against a state landfill. Community members protested against the landfill for releasing cancer-causing PCBs in their predominantly black community. Although they were unsuccessful, their efforts launched a national movement highlighting the fact that communities of color bear an unequal – and unfair – impact of industrial pollution.

To read more about the Board and the full list of members, visit DEQ’s website.

Session is Coming, Session is Coming

As the May 16 opening of the 2016 legislature’s short session approaches, the pace at the General Assembly is quickly accelerating. Senate and House budget writers have been meeting in hopes of approving a budget on a very expedited schedule once the legislature officially returns. If they stay on schedule, most of their work may be complete before Gov. Cooper releases his budget proposal – now scheduled for May 10.

Despite legislative leaders’ hopes for a fast and painless session, there are a number of environmental issues to keep our eyes on:

GenX: Will the General Assembly finally agree on funding to begin to address GenX and other emerging contaminants threatening our waters? Last month, Governor Cooper announced that his budget will recommend $14.5 million for DEQ and the Department of Health and Human Services (DHHS) to address the safety and quality of North Carolina’s water and environment.
Land conservation: Will the General Assembly set aside more money to preserve open space? While the General Assembly made much-needed investments in the Clean Water Management Trust Fund and the Parks and Recreation Trust Fund last year, overall, these investments are down from the previous year – and have not reached funding levels achieved before the 2008 recession.
Energy: The clean energy sector continues to grow in North Carolina, but legislators have pumped the brakes on several policies to encourage new technology and even put a hold on wind technology. Will legislators reconsider incentives or the pause on wind?

In other news…