New legislative proposals target Alcoa

I wanted to let you know that three bills have recently been introduced in the NC General Assembly that are directly targeted at Alcoa.  Those bills, introduced by Sen. Fletcher Hartsell and Sen. Stan Bingham, include:

Senate Bill 628: This bill would make fundamental changes in how water quality permits and certificates are currently processed and granted.  First and foremost, it would require the Division of Water Quality to conduct an environmental compliance review for every applicant. This change would impose additional costs and burdens on both DWQ and applicants for water quality permits and certificates.

In addition, the proposed legislation would change the standards under which new and renewed water quality permits and certificates are evaluated for past compliance. The bill would require the Environmental Management Commission to deny a water quality permit or certificate if information that is material to a permitting or certification determination is intentionally withheld, or if a false statement, representation, or certification is knowingly made in an application for a permit or certification or in any data, plan, or other document submitted in support of an application for a permit or certification. Intentionally withholding or omitting information that is material to a permitting or certification determination would be punishable by a new Class 2 misdemeanor.

Senate Bill 629: This bill imposes an annual 6% privilege tax on the gross taxable receipts of an unregulated company that sells electricity or water. (Companies with revenues below $6 million a year are generally excluded.). By unregulated, it appears to mean utilities whose rates are not regulated by the N.C. Utilities Commission.     

Senate Bill 626: This bill calls for a legislative study surrounding the progress of cleanup efforts at Alcoa's former Badin Works smelter in Stanly County, and the NC Department of Environment and Natural Resources’ handling of contamination at the site. Results would be submitted to the Environmental Review Commission and the Joint Legislative Program Evaluation Oversight Committee by February 1, 2012.

We are following these bills closely and will continue to keep you updated about the status of these bills as the legislative session moves forward.

N.C. Senate prepares to vote on takeover bill

The N.C. General Assembly appears to be moving forward with its unprecedented bid to take Alcoa’s privately-owned hydroelectric business on the Yadkin River.  We have just learned that Senate Bill 967, introduced by Sen. Fletcher Hartsell, approves the creation a Yadkin River Trust with the authority to seize the Yadkin Hydroelectric Project, is expected to be voted on by the N.C. Senate this afternoon.

I continue to be shocked that a historically business-friendly state like North Carolina is pursuing a costly government takeover of a privately-owned business, especially at a time when many taxpayers are struggling to make ends meet.  It sets a bad precedent and sends a bad message to individuals and business owners about North Carolina’s priorities.

While advocates claim that a takeover is necessary to regain control of the water, existing state and federal laws protect North Carolina’s water interests and ensure that it maintains full authority over who can withdraw water from the Yadkin River.