N.C. General Assembly Legislative Update, 032115 | Eastern North Carolina Now

News Release:

Senate, House Announce Bipartisan Plan to Spur Economic Growth and Lower Energy Costs in Eastern N.C.

    This week, a bipartisan coalition of House and Senate members unveiled legislation that would allow dozens of eastern North Carolina communities to proceed with a critical sales agreement that will reduce electricity rates and spur job growth and economic development across eastern North Carolina. The agreement would allow Duke Energy Progress to purchase stakes in power generation facilities currently owned in part by North Carolina Eastern Municipal Power Agency (NCEMPA). The agency is presently comprised of 32 cities and towns in eastern North Carolina.

    Right now, NCEMPA customers are paying as much as 35 percent more than folks in other parts of the state for electricity, a consequence of NCEMPA carrying close to two billion dollars in decades-old debt. These sky-high electricity rates have not only placed a heavy burden on working families but have also deterred new businesses from locating in the eastern part of the state, where the utility bills make the cost of doing business much higher. That's why the stakeholders have come to a mutual agreement with mutual benefit. Under the agreement, NCEMPA will reduce its debt by more than 70 percent - leading to lower rates for its customers and removing one of the largest obstacles to economic development in eastern North Carolina. Meanwhile, Duke Energy Progress will take ownership of a lower-cost electricity supply, which is anticipated to generate approximately $70 million in fuel savings per year - meaning lower bills for their customers in the long-term.

    The sales agreement has already been approved by the Federal Energy Regulatory Commission, but legislative action is required to proceed. The proposed legislation enables NCEMPA to issue new bonds to facilitate the sale of the generation assets, and allows Duke Energy Progress to receive the cost of its asset purchase. It also requires Duke Energy Progress to spread out cost recovery over 20 to 30 years, which ensures a benefit for all customers - regardless of location - in the long-term. This initiative is a win-win - it will bring affordable energy to eastern North Carolina, make the region far more competitive for new jobs and ensure all customers of both entities ultimately pay less on their utility bills. To see a copy of the legislation click here.

    This week, we had an excellent turnout on Wednesday, March 18, 2015 for N.C. Agriculture Awareness Day in Raleigh. Along with Governor Pat McCrory, Commissioner Steve Troxler, President Pro Tempore Phil Berger, Speaker Tim Moore and others we celebrated our state's number one industry outside of our Capitol.

Legislation to Block Tolls on N.C. Ferry Routes

    Senator Norman W. Sanderson (R-District 2) and I have crafted legislation that would remove mandatory tolls on the three N.C. Ferry routes that currently have a fee. The legislation would also prevent a fee from being added to the four routes that currently do not have a toll. We filed the legislation this week, Senate Bill 307. Even if all the ferry routes were tolled, the revenue would not go far in offsetting the significant cost of running and making capital improvements to the ferry system. There are several other alternatives to ferry tolling such as advertising or concession contracts that can generate much revenue. I will continue to advocate for responsible alternatives to ferry tolling on behalf of the constituents in Senate District 01. To see a copy of the legislation click here.

Legislation Amending the Process of Reporting to NICS

    I filed Senate Bill 288, to address the issue of individuals who have suffered a major medical accident/event such as an aneurysm, major heart attack, stroke, car accident, and are not able to purchase a firearm upon their recovery. Currently if one suffers a medical event and is not capable to making important medical decisions, that individual must be declared incompetent by the Clerk of Superior Court in the county in which the individual resides. A guardian is appointed to handle affairs on behalf of the individual. Upon being declared incompetent, an individual's name is entered in the National Instant Criminal Background Check System (NICS) and a mental bar is placed on that individual, precluding them from purchasing a firearm.

    However, if the individual recovers from their medical event and regains their competency by the Clerk of Superior Court, there's no way for the Clerk to remove the mental bar and the individual is still unable to purchase a firearm. Currently in state statute, to have a name removed from NICS a petition must be filed in the district court of the county where the event accrued. This bill will make the process easier. It will allow the individual to submit a written request to the Clerk who exercised jurisdiction in the incompetency proceeding and enable them to update the individual's record in the NICS. To see a copy of the legislation click here.

    I recently spoke a    Senate, House Announce Bipartisan Plan to Spur Economic Growth and Lower Energy Costs in Eastern N.C.

    This week, a bipartisan coalition of House and Senate members unveiled legislation that would allow dozens of eastern North Carolina communities to proceed with a critical sales agreement that will reduce electricity rates and spur job growth and economic development across eastern North Carolina. The agreement would allow Duke Energy Progress to purchase stakes in power generation facilities currently owned in part by North Carolina Eastern Municipal Power Agency (NCEMPA). The agency is presently comprised of 32 cities and towns in eastern North Carolina.

    Right now, NCEMPA customers are paying as much as 35 percent more than folks in other parts of the state for electricity, a consequence of NCEMPA carrying close to two billion dollars in decades-old debt. These sky-high electricity rates have not only placed a heavy burden on working families but have also deterred new businesses from locating in the eastern part of the state, where the utility bills make the cost of doing business much higher. That's why the stakeholders have come to a mutual agreement with mutual benefit. Under the agreement, NCEMPA will reduce its debt by more than 70 percent - leading to lower rates for its customers and removing one of the largest obstacles to economic development in eastern North Carolina. Meanwhile, Duke Energy Progress will take ownership of a lower-cost electricity supply, which is anticipated to generate approximately $70 million in fuel savings per year - meaning lower bills for their customers in the long-term.

    The sales agreement has already been approved by the Federal Energy Regulatory Commission, but legislative action is required to proceed. The proposed legislation enables NCEMPA to issue new bonds to facilitate the sale of the generation assets, and allows Duke Energy Progress to receive the cost of its asset purchase. It also requires Duke Energy Progress to spread out cost recovery over 20 to 30 years, which ensures a benefit for all customers - regardless of location - in the long-term. This initiative is a win-win - it will bring affordable energy to eastern North Carolina, make the region far more competitive for new jobs and ensure all customers of both entities ultimately pay less on their utility bills. To see a copy of the legislation click here.

    This week, we had an excellent turnout on Wednesday, March 18, 2015 for N.C. Agriculture Awareness Day in Raleigh. Along with Governor Pat McCrory, Commissioner Steve Troxler, President Pro Tempore Phil Berger, Speaker Tim Moore and others we celebrated our state's number one industry outside of our Capitol.

Legislation to Block Tolls on N.C. Ferry Routes

    Senator Norman W. Sanderson (R-District 2) and I have crafted legislation that would remove mandatory tolls on the three N.C. Ferry routes that currently have a fee. The legislation would also prevent a fee from being added to the four routes that currently do not have a toll. We filed the legislation this week, Senate Bill 307. Even if all the ferry routes were tolled, the revenue would not go far in offsetting the significant cost of running and making capital improvements to the ferry system. There are several other alternatives to ferry tolling such as advertising or concession contracts that can generate much revenue. I will continue to advocate for responsible alternatives to ferry tolling on behalf of the constituents in Senate District 01. To see a copy of the legislation click here.

Legislation Amending the Process of Reporting to NICS

    I filed Senate Bill 288, to address the issue of individuals who have suffered a major medical accident/event such as an aneurysm, major heart attack, stroke, car accident, and are not able to purchase a firearm upon their recovery. Currently if one suffers a medical event and is not capable to making important medical decisions, that individual must be declared incompetent by the Clerk of Superior Court in the county in which the individual resides. A guardian is appointed to handle affairs on behalf of the individual. Upon being declared incompetent, an individual's name is entered in the National Instant Criminal Background Check System (NICS) and a mental bar is placed on that individual, precluding them from purchasing a firearm.

    However, if the individual recovers from their medical event and regains their competency by the Clerk of Superior Court, there's no way for the Clerk to remove the mental bar and the individual is still unable to purchase a firearm. Currently in state statute, to have a name removed from NICS a petition must be filed in the district court of the county where the event accrued. This bill will make the process easier. It will allow the individual to submit a written request to the Clerk who exercised jurisdiction in the incompetency proceeding and enable them to update the individual's record in the NICS. To see a copy of the legislation click here.
I recently spoke at the Oyster Summit hosted by the North Carolina Coastal Federation. Oysters are a vital part of our coast's economy, cultural heritage and ecosystem. There's excellent potential for this industry to grow in North Carolina. We have the largest estuary in the nation that doesn't span across any other state.

Citations/Sheriffs Accept Faxes Legislation

    The language on traffic citations in North Carolina was brought to my attention by several Clerks of Superior Courts. The Clerk's constantly receive calls from constituents objecting to pay the "court costs" because they're not always required to appear in court. The bill that I filed, Senate Bill 192, will change the words in statute from "court costs" to just "cost" on traffic citations. In addition, the bill requires all Sheriffs' Departments to accept faxes for transfers of domestic violence protective orders and civil no-contact orders for service on defendants. Currently, a few Sheriffs' Departments in North Carolina will not accept a fax for service. This bill was referred to the Senate Committee on Judiciary I this week, Wednesday, March 18, 2015. To see a copy of the legislation click here.t the Oyster Summit hosted by the North Carolina Coastal Federation. Oysters are a vital part of our coast's economy, cultural heritage and ecosystem. There's excellent potential for this industry to grow in North Carolina. We have the largest estuary in the nation that doesn't span across any other state.

Citations/Sheriffs Accept Faxes Legislation

    The language on traffic citations in North Carolina was brought to my attention by several Clerks of Superior Courts. The Clerk's constantly receive calls from constituents objecting to pay the "court costs" because they're not always required to appear in court. The bill that I filed, Senate Bill 192, will change the words in statute from "court costs" to just "cost" on traffic citations. In addition, the bill requires all Sheriffs' Departments to accept faxes for transfers of domestic violence protective orders and civil no-contact orders for service on defendants. Currently, a few Sheriffs' Departments in North Carolina will not accept a fax for service. This bill was referred to the Senate Committee on Judiciary I this week, Wednesday, March 18, 2015. To see a copy of the legislation click here.

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.net