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SB 678 · 2023-2024 · Introduced in Senate

Signed into law (veto overridden)

Clean Energy/Other Changes.

Misleading 3/5Veto OverriddenStowaway

"Clean Energy" is one of those phrases that sounds good no matter who you are. Who's against clean energy? The trick is in what the bill defines as "clean."

SB 678 renames the state's "Renewable Energy Portfolio Standard" to the "Clean Energy Portfolio Standard" and redefines "clean energy" to include nuclear power. That's a policy choice you can debate on the merits. But the practical effect is that utilities can now count nuclear toward their clean energy requirements instead of investing in solar, wind, and other renewables. The NC Black Alliance noted this would fast-track nuclear energy into the state.

The "Other Changes" part of the title covers... extending deadlines for closing coal ash surface impoundments, exempting the Utilities Commission and its Public Staff from state HR classification and compensation rules, and making certain non-disclosure agreements between utilities and regulators exempt from public records laws. The title mentions none of this. Governor Cooper vetoed it, saying NC was on a "bipartisan path" to reducing carbon and this bill undermined it. The override passed on straight party lines.

The bill started as "Promote Clean Energy." At least that title was honest about the intent. By the time it passed, it had picked up enough unrelated provisions to earn the vague "Other Changes" suffix... which is legislative shorthand for "stuff we'd rather not list in the title."


Status

Signed into law (veto overridden)

Governor action:Veto Overridden


Stowaway Provisions

A clean energy bill was used to smuggle in unrelated provisions restricting local government operations, including requirements for state approval of public-private partnerships and bans on nondisclosure agreements, plus special employment exemptions for utility regulators.

The bill's stated purpose: Clean energy policy changes including defining clean energy to include nuclear and fusion, eliminating barriers to nuclear facility permits, and extending coal ash cleanup deadlines

What was hidden inside: Part V requiring Local Government Commission approval for any local government transfer of control over public enterprises to private entities; prohibition on local governments entering nondisclosure agreements that restrict public records access; exemptions for Utilities Commission and Public Staff from state employment classification and compensation rules

Sources

ncleg.gov bill pageCarolina Journal NC legislature adds to growing list of overridden Cooper vetoes: elections, energy, and regulatory reformGovernor Cooper Governor Cooper Signs Seven Bills, Vetoes Two Bills (veto message)NC Black Alliance Nuclear fast-tracking, environmental justiceNC Sustainable Energy Association Legislative history, solar leasing removed

The Vote

10/10/2023 12:49 PM · Clean Energy/Other Changes. Motion 11 Veto Override · Senate

Senate Vote · Passed 3019

30 to override
R Yea (30)D Yea (0)D Nay (19)

✓ Override succeeded: 30 votes (needed 30)

Supermajority Overrode

Party Breakdown

R
30/30 (100%)
D
0/20 (0%)

10/10/2023 1:29 PM · Clean Energy/Other Changes. Veto Override · House

House Vote · Passed 7737

72 to override
R Yea (72)D Yea (5)D Nay (37)Absent (2)

✓ Override succeeded: 77 votes (needed 72)

Supermajority Overrode

Party Breakdown

R
72/72 (100%)
D
5/48 (10%)