N.C. General Assembly Legislative Update: November, 12, 2015 | Eastern North Carolina Now

Press Release:

    Legislation Signed into Law Exempting Belhaven Hospital from Certificate of Need Stipulation

    Governor McCrory signed Senate Bill 698 (Legacy Medical Care Facility/CON Exempt) into law on October 28, 2015. The bill exempts Vidant Pungo Hospital in Belhaven, NC from having to obtain a new Certificate of Need (CON) requirement to operate. The newly enacted law, which was initiated from an amendment that I crafted, clarifies the definition of an "existing hospital" relative to the state's CON law, and exempts hospitals that cease administering services from CON review, if the N.C. Division of Health Service Regulation receives written notice that the hospital will be reopening within 36 months of the notice. This law will reduce the overly burdensome regulations that are required of financially challenged rural hospitals. It will enable small rural hospitals to more conveniently change management with less of an interruption of healthcare to their communities. The stringent CON requirement was one of the obstacles prohibiting reopening the Pungo Hospital.

    The water in each tank was taken from the same body of water at the same time. The only difference is that one tank also contains oysters. A single adult oyster can filter and clean up to 50 gallons of water every day. This year's state budget reforms the shellfish cultivation leasing process by cutting the fees and reducing the regulatory barriers. Due to the provisions that I included in the budget, North Carolina will have an excellent opportunity to grow the shellfish industry and become a much greater source of income and economic prosperity. Our waters will be cleaner and our economy will grow.

    Mid-Currituck Bridge Update

    Since getting to Raleigh, I have been advocating and promoting the need for the Mid-Currituck Bridge in the Northeastern part of the state. This week, the North Carolina Board of Transportation appropriated $5.7 million to purchase a tract of land in Corolla that will be the landing site of the Mid-Currituck Bridge. One of the most critical obligations for the bridge is to reduce the hurricane clearance time for residents and visitors during an emergency evacuation. Additionally, the bridge will substantially reduce the travel time for the residents and millions of visitors traveling each year between the Currituck County mainland and the Currituck County Outer Banks. The financing of this bridge is a key development for Northeastern North Carolina.

    Riparian Buffer Reform

    Recently, the Governor signed a couple of regulatory reform bills into law that cut through red tape, eliminating unnecessary regulations that stifle North Carolina businesses. Along with Senator Norman Sanderson (R-District 2), Senator Trudy Wade (R-District 27), Representative Chris Millis (R-District 16), and Representative Skip Stam (R-District 37) we were able to keep a provision included in House Bill 44 (Local Government Regulatory Reform Act 2015) to alter a few of the Riparian Buffer laws that stemmed from a bill that I filed, Senate Bill 130 (Delineate Coastal Wetlands Riparian Buffers). The Hyde County Board of Commissioners unanimously passed a resolution requesting these changes, which will particularly benefit Ocracoke Island.

    The newly enacted law eliminates extra buffer footage which provides no real additional environmental protection. Riparian buffers in the coastal areas will begin to be measured form the normal high water level of the surface water body, and if there is less than 50 foot of wetlands or marshlands extending from the water body then all of these lands will be included in the buffer along with whatever upland footage is required to fulfill a 50 foot requirement.

    We are very cognizant of the need to prevent unnecessary runoff but we don't want to penalize the use of property owner's upland areas when there is plenty of marsh to take care of the runoff. There still is a 30 foot buffer requirement as well. A study published by Dr. Wendell Gilliam recommends 30 or 35 foot buffers.

    1st Senatorial District Local Act-1

    An amendment that I had added to House Bill 527 authorizes Dare, Gates, and Hyde Counties to be included in G.S. 153A-15. This inclusion was at the request of these counties. It requires county commissioner approval before a local municipality government can condemn land inside the approving county. Another amendment that I tacked on to HB 527 simply clarified the chair and vice-chair voting provisions for the Elizabeth City-Pasquotank County Board of Education. The Board requested these clarifications of the role of the chair and vice-chair voting provisions, and the bill was signed into law by the Governor.


     300 N. Salisbury Street
     Room 525 • Raleigh, NC 27603

    Phone: (919) 715-8293  •  Fax: (919) 754-3296  •  bill.cook@ncleg.net