MT Raleigh Report: Who’s Up, Who’s Down in Raleigh (and WNC) After Last Week’s Election?

While the dust is still settling from last week’s election – with several state legislative races still too close to call – it’s clear that Republicans have lost their veto-proof majorities in either one or both chambers of the legislature.

Going into this year’s elections, the GOP held the House 75-45. The 2019 House will likely seat 65 Republicans and 55 Democrats when a new legislature arrives in January, although that split could change depending on how the recounts of three House races turn out. In the Senate, where Republicans held a 35-15 majority, the 2019 Senate breakdown right now is 29-21. Democrats picked up just enough seats to end the GOP supermajority there, assuming one recount continues to go their way.

Some thoughts about what this all means for state policy and WNC’s legislative delegation:

Gov. Roy Cooper had a good night. The reduction of GOP power in the General Assembly means Republicans in the legislature will have to negotiate with Democratic Gov. Roy Cooper – or pick off enough Democrats to help override his veto. After eight years in the political wilderness, though, Democrats will likely stick with Cooper and force Republican leaders to negotiate with the governor – and check many legislators’ questionable environmental policies.

The 2019 session is likely to be very long. With power more evenly divided between Cooper and the GOP legislature, the two sides may cooperate on some issues. Disaster recovery might be one area, for example, where they could feel some political pressure to work together. But the two parties hold significantly different views on many basic issues, and both sides know that the 2020 election – as well as control of the 2021 redistricting process – is just around the corner. So the safest bet is on a political stalemate. If that happens, the annual budget bill – perhaps the only legislation that must be approved in 2019 – is likely to become a mishmash of appropriations and policies, with lawmakers loading it up with proposals they know Cooper would otherwise veto as stand-alone legislation. In this scenario, the two sides would hunker down for long, drawn-out negotiations that may delay budget approval and the end of the session well into the fall.

Funding for environmental protection, healthcare and education will be top issues in 2019. With GenX water contamination, flooding and water pollution from Hurricane Florence still in the news, Cooper will likely ask the legislature for substantial increases in funding for the state’s environmental protection agencies – something GOP leaders have been reluctant to do. Other remaining areas of disagreement include funding to move hog lagoons out of the floodplain and other conservation investments to make North Carolina more resilient. Cooper’s Hurricane Florence recovery plan calls for tens of millions of dollars in these investments. So far Republican leaders have not indicated their willingness to appropriate this funding.

The GOP supermajorities aren’t dead yet. The 2018 version of the General Assembly – complete with the GOP veto-proof majorities – is scheduled to be back in session on Nov. 27. Lawmakers are expected to take up another round of disaster recovery appropriations, though the details are still TBD. Implementing legislation for the four constitutional amendments approved by voters is also likely. Beyond that, the agenda for the November session is murky, though many in Raleigh expect legislative leaders to wield their soon-to-go authority widely before the 2019 legislature takes over.

Powerful people in 2019. GOP legislators will pick their leaders for the 2019 session some time after the November special session. House Speaker Tim Moore and Senate President Pro Tempore Phil Berger, both Republicans, seem likely to return to lead each chamber. Assuming this is the case, Henderson County GOP Rep. Chuck McGrady – already a key leader on House budget matters – could become more influential. That’s because his colleague, senior GOP budget leader Rep. Nelson Dollar (Wake) was defeated on Tuesday. Dollar’s loss could mean McGrady’s gain in authority; on the other hand, Dollar and McGrady were allies in many budget battles, both within the House GOP caucus and with the Senate. The break-up of their appropriations dream team could make it harder for McGrady to find already scarce GOP support for many of the environmental policies and programs he supports.

Among other WNC legislators, the already powerful GOP Senator Ralph Hise will likely play an even larger role in the GOP Senate, particularly on health and human services issues. The same goes for Rep. Josh Dobson, who will take up some of the slack on health issues left by Dollar’s departure. And with the Senate GOP caucus is now smaller in numbers, second-term GOP Senators Chuck Edwards of Henderson and Watauga County’s Deanna Ballard are well positioned to increase their influence.

Whatever happens in the coming months in Raleigh, MountainTrue will be there to keep you informed and to speak up for Western North Carolina. Thank you to all of our members and supporters who make our advocacy efforts in the state capitol possible.

3rd Annual Sarah Sweep!

Join the Broad River Alliance on Sept. 29 for the third annual “Sarah Sweep,” a day-long event to help clean up the Broad River! The event is held to honor the memory of Sarah Spencer, a former river enthusiast and volunteer. Participants in the river cleanup will meet at the Double Shoals Mill at 199 Old Mill Road in Shelby, NC at 10 A.M., and the cleanup will last until 3 or 4.

Sarah Spencer was 26-years-old when she died in a car crash on June 12, 2016. Her friends decided to honor her memory by starting the Sarah Sweep. “Sarah participated in her last official cleanup on my birthday as her gift to me,” Sarah’s mother, Judy Spencer, remembers. “I was told that she did a cleanup every time she was on the river. She always wanted to pick up just one item of trash until there was absolutely no more room in the kayak or canoe.”

After the cleanup, all are welcome to join the afterparty at the Double Shoals Mill for brats (both carnivore and vegetarian options) and vegetables hot off the grill. Food will be served starting at 5 P.M., and live music will begin at 5:30. The lineup is as follows:

Dale Brittain – 5:30 P.M. – 7 P.M.

Roadside Alice – 7 P.M. – 8:30 P.M.

Red Crayon 8:30 P.M. – 10 P.M.

For the cleanup, participants should bring a boat, water, lunch, sunscreen and gloves. There is a suggested $10 donation for the afterparty to help pay for food and expenses. All profits will be split between Double Shoals Cotton Mill and the Broad River Alliance.

The following volunteers are needed:

River clean up: 20-30

Cooking/prep for the afterparty: 4

Door/gate: 6 (three shifts: 2-5:00, 5-8:00, and 8-10:00, with two people on each shift)

MT Raleigh Report: The Legislature Overrides More Vetoes, and Some Good News

On July 27, Governor Roy Cooper vetoed legislation that alters state ballot language for the constitutional amendments voters will consider this fall. The legislation had been approved by the General Assembly a few days before. Cooper also vetoed legislation that prevents a Supreme Court candidate who recently switched his party affiliation from having any party label next to his name on the ballot.

Last week, the legislature returned to override the governor’s vetoes – in a single Saturday session.

And then, this week, Cooper announced his plans to go to court to stop two of the constitutional amendments voters are scheduled to consider in November. The proposed amendments would take away the governor’s authority to appoint judges, regulators, board members and other state officials, and transfer that power to the legislature.

In addition, Clean Air Carolina, the Southern Environmental Law Center and the NAACP filed a separate lawsuit to stop amendments on the ballot that they say threaten voting rights and restructure government by usurping powers intended for the executive branch. A spokesperson for Republican Senate leader Phil Berger called the lawsuits “absurd”, saying they are intended to take away a voter’s right to choose how they want to be governed.

Here at MountainTrue, we’re still wading through these arguments and weighing the impact of the amendments on WNC’s environment and communities. We welcome your thoughts about the amendments, and whether (and how) environmentalists should support or oppose them.

And Now the Good News

Remember the state budget? You know the one – $24 billion for the new fiscal year, which started July 1?

While education funding and a living wage for state employees – and GenX water pollution – got most of the attention during the budget debate, there were two items of particular importance to WNC that you may not have heard so much about. And both are items those of us at MountainTrue are particularly proud of.

First, the General Assembly earmarked $3 million for landslide hazard mapping in Western North Carolina. Knowing where landslides may happen can be a matter of life and death. For proof, look no further than the landslides in Polk County that killed three people earlier this year.

At MountainTrue, we made landslide hazard mapping part of our legislative agenda more than three years ago. Our hope was that after Hurricane Matthew hit eastern North Carolina in 2015 and fires raged in Western North Carolina in 2016, lawmakers in Raleigh would turn their attention to disaster preparedness and might be willing to restore funding for landslide hazard mapping that was cut in 2011.

Well, it took a bit longer than we thought it would, but the legislature finally came around this spring when lawmakers included landslide hazard mapping in their final budget. Big thanks go out to Rep. Chuck McGrady, who got behind this funding three years ago and helped us keep pushing it. (For the record, McGrady also opposed cutting the funding in 2011.)

The result: local governments, developers and homeowners will soon have crucial information that will lead to more sustainable development and, hopefully, save lives.

The other budget item is smaller but may be crucial to protecting WNC’s trout fishing industry, which is worth about $383 million annually to the region’s economy.

Whirling disease is caused by the microscopic parasite Myxobolus cerebralis; it damages cartilage and skeletal tissue in trout, causing them to swim in a corkscrew pattern. If you love to fish for trout in WNC – or make your living helping others who do – whirling disease is bad news. It’s been found in the Watauga, and there is anecdotal evidence that it’s in other WNC rivers and streams as well.

The state is doing an exhaustive study of the disease, but the final results won’t be in for several years. So this year, MountainTrue’s Watauga Riverkeeper Andy Hill – who also happens to be a former professional fly fishing guide – got to talking about trout and whirling disease with Sen. Deanna Ballard. Ballard represents much of the Watauga River basin and knows how much trout fishing means to her district’s economy and way of life.

With Ballard’s help, an appropriation of $20,000 got tucked into North Carolina’s budget for MountainTrue to do a study to see if the DNA of Myxobolus cerebralis can be found in WNC’s waters. If the DNA shows up, it won’t be definitive proof of whirling disease, but we think it would be a strong enough sign to convince lawmakers like Ballard to act now to combat the disease before it gets out of hand. Even better, the study can be done quickly – in time for the 2019 legislature to consider the results and act on them.

These examples are a great reminder of why MountainTrue has a permanent presence in Raleigh. Finding success in the capital requires a long-term commitment to building support for good ideas – like landslide hazard mapping – and enough familiarity with the people and politics in the legislature to take advantage of opportunities like the whirling disease study when they arise.

And of course, having legislators like McGrady and Ballard who are willing to help doesn’t hurt either!

Protect NEPA: Speak Up for Your Right to Speak Up!

Action Expired

The Trump administration is threatening the right to speak up about government projects that affect our communities and the mountains we love in Western NC.

What’s NEPA?

The National Environmental Policy Act, or NEPA, is such a basic part of our lives that we usually don’t even think about it. It’s what allows citizens to have a say about the plans for government projects that will affect the places they live, and requires the government to consider the environment when making critical decisions about road building, land management, permit applications and more.

It’s NEPA that allows everyday people to comment on the Forest Service’s Nantahala-Pisgah Forests Management Plan, or to know the costs and impacts of projects like the I-26 expansion before they occur. NEPA keeps these decisions from being made in the dark, and by requiring plan alternatives, it saves tax dollars.

The White House Council on Environmental Quality (CEQ) is proposing revisions to NEPA that will undo the core principles of the act. We have until August 20 to submit public comments to defend NEPA.

A photo from the Cut the Clearcutting campaign by WNCA, one of the organizations that merged to become MountainTrue. The National Environmental Policy Act (NEPA) protects the right for communities to have a say about government projects affecting their local environment, and the NEPA process later prevented the type of clearcutting shown in this photo from occurring in the Sugar House Cove and Bluff Timber Sales.

How Has NEPA Helped Western North Carolina? A Few Examples:

1. “The Road to Nowhere” NEPA analysis showed that the “Road to Nowhere” along the north shore of Fontana Lake in Smoky Mountains National Park was too expensive and too destructive to build. This resulted in the preservation of the largest roadless area in the Southern Appalachians (pictured here) and a $52 million dollar settlement for Swain County to fund schools and other services.
2. The Sugar House Cove Timber Sale The NEPA process documented a wealth of rare species at the Sugar House Cove Timber Sale in Pisgah National Forest in Big Ivy in 1994. The plans for the timber sale were changed to avoid rare species habitat.
3. The Upper Santeetlah Timber Sale The NEPA process documented old-growth forests rivaling those at Joyce Kilmer during the Upper Santeetlah Timber Sale in 2010, allowing these trees to gain legal protection.
4. The I-26 Connector Project NEPA allowed for consideration of additional alternatives for the I-26 Connector Project, including a community-designed alternative that ended up being chosen for the project. NEPA also provided the opportunity for community advocates and the NC Department of Transportation to work together to address concerns so that the final project will be better and cheaper.
5. Bluff Mountain Timber Sale The NEPA process documented the potential harms of building six miles of road on Bluff Mountain, and allowed Pisgah National Forest to redesign the Bluff Timber Sale so that it would not impact water quality or the Appalachian Trail.

MT Raleigh Report: Final Update on the Farm Bill

Those of you who receive MountainTrue’s legislative updates know that we’ve been mobilizing people across the region in recent weeks against the Farm Act, SB711. This legislation includes drastic new limitations on citizens’ rights to protect their homes and their health against large agricultural industrial operations like hog and chicken plants.

The GOP-controlled legislature approved SB711 along largely partisan lines a few weeks ago. On June 25, Gov. Cooper vetoed the bill, citing its impact on the environment and its limitations on property rights.

You can read more about the problems with this legislation here and here.

MountainTrue Co-Director Julie Mayfield states:

“With SB711, the North Carolina General Assembly has put the interests of large corporations above the interests of communities and homeowners. This has never been how things have been done in Western North Carolina.”

Despite overwhelming grassroots opposition to this bill, the legislature voted to override Cooper’s veto of SB711. Below is a list of WNC legislators and how they voted on the override. (Remember: those who voted FOR the override voted to support the bill. Those who voted AGAINST the override voted to oppose it).

We encourage you to take a moment to see how your lawmaker voted on this critical issue.

And a big thanks to all of you who helped us mobilize support against this bill – we hope you will continue to join us in speaking up for WNC’s environment and the health of the people who live here.

WNC Members of the NC Senate who supported SB711 by voting to override Gov. Cooper’s veto:

Deanna Ballard (R-Alleghany, Ashe, Avery, Caldwell, Watauga)

Jim Davis (R-Cherokee, Clay, Graham, Haywood, Jackson, Macon, Swain)

Chuck Edwards (R-Henderson, Buncombe, Transylvania)

Ralph Hise (R-Madison, McDowell, Mitchell, Polk, Rutherford, Yancey)

WNC Members of the NC Senate who opposed SB711 by voting to uphold Gov. Cooper’s veto:

Terry Van Duyn (D-Buncombe)

WNC Members of the NC House of Representatives who supported SB711 by voting to override Gov. Cooper’s veto:

Mike Clampitt (R-Haywood, Jackson, Swain)

Kevin Corbin (R-Cherokee, Clay, Graham, Macon)

Josh Dobson (R-Avery, McDowell, Mitchell)

Cody Henson (R-Henderson, Polk, Transylvania)

Tim Moore (R-Cleveland)

Jonathan Jordan (R-Ashe, Watauga)

Michele Presnell (R-Haywood, Madison, Yancey)

WNC Members of the NC House of Representatives who opposed SB711 by voting to uphold Gov. Cooper’s veto:

John Ager (D-Buncombe)

Susan Fisher (D-Buncombe)

Brian Turner (D-Buncombe)

Hugh Blackwell (R-Burke)

Chuck McGrady (R-Henderson)