The state budget, having secretly curdled inside Republican bill writers for several weeks, was finally served to the public last night just before 9 p.m. At 748 pages long — including the conference report-– and weighing more than a pound, the financial blueprint for the next fiscal year spoils most hopes of environmental protection for North Carolinians.
Republicans tweaked the GenX portion of the bill, which had already been divulged in the Water Safety Act. But the the minor tinkering did nothing to address perennial underfunding of the Department of Environmental Quality. Conservative lawmakers still snubbed the agency, appropriating $2.3 million for long overdue water and permitting projects. Lest that sound like a significant figure, over the past seven years, lawmakers have cut DEQ’s budget so deeply that $2.3 million is the equivalent of finding $20 in a winter coat pocket. Nice to have, but it won’t go far.
This section of the bill does remove the unfunded mandate lawmakers had saddled DEQ with: to develop a monitoring, remediation and corrective action plan for fluorinated compounds in public and private water supplies. That project — on its face, prudent and essential — disappeared because lawmakers refused to fund it.
Instead, the NC Collaboratory, a think tank headquartered at UNC Chapel Hill, received nearly three times that amount, raking in $5 million to essentially do what DEQ is statutorily charged with doing to rein in emerging contaminants — but without the regulatory authority. The Collaboratory, run by rainmakers Brad Ives, a former assistant secretary for DENR (now DEQ), and Jeffrey Warren, the former research director for Sen. Phil Berger, did take a “hit” in that its original appropriation in the Water Safety Act was $8 million. (The Collaboratory got another $1 million to analyze water quality issues in the Haw River and to continue its analysis in Jordan Lake.)
The GenX part of the Water Safety Act, as Policy Watch reported last week, contains several legal and constitutional pitfalls regarding the governor’s power that the budget only partially addresses. The Environmental Management Commission is designated as the rulemaking authority, wise, because that’s the EMC’s role. Several procedural changes attempt to circumvent the potential for a prolonged contested case appeal, should Chemours disagree with the governor’s shut down of its facility.
The bill does try to confront the serious legal chain of custody issues that outsourcing data collection and analysis to the university system presents, but it’s hardly foolproof. Somewhere, Chemours lawyers are lighting cigars.