Legislative Bulletin

May 18, 2001




CP&L's Roxboro plant is one of 14 coal-fired power plants in the state


NCCBI issues statement explaining
its concerns with clean air legislation


In a letter distributed today to every member of the House, NCCBI explained that the association neither supports nor opposes clean-air legislation requiring significant reductions in emissions from the 14 coal-fired power plants in the state. But the association made it clear that it is concerned about the potential economic impact of the legislation on the business community as well as on schools and other governmental units whose power bills would rise sharply.

NCCBI distributed the letter to the 120 members of the House after the House Pubic Utilities Committee began hearing testimony on the Senate-passed bill, S. 1078 Improve Air Quality/Electric Utilities. The committee heard testimony on the bill Tuesday and is scheduled to take it up again on May 29. The measure would require Duke Power and CP&L to cut emissions of nitrogen oxide from the power plants by 78 percent by 2009 and cut emissions of sulfur dioxide by 73 percent by 2013.

The utilities estimate they would have to spend $2.2 billion on pollution-control equipment and would have to pass along that cost to their customers. Based on information previously provided by the utilities, the legislation would likely result in a cost increase of between $2.50 and $3.50 per megawatt hour. Residential customers could see their bills increase 3 percent to 5 percent; industries would face up to a 7 percent increase. A large industrial customer using 5,000 megawatt hours a month would see its power bill go up around $15,000.

”The concept of the bill is valid; we all want clean air,” the NCCBI letter says. “However, there are concerns that many businesses cannot bear another cost driver during these tough economic times.” The letter notes that North Carolina lost more manufacturing jobs than any other state in the nation last year. “For some companies, the cost impact of this legislation will not be substantial to their bottom line,” the NCCBI letter continues, “but for others who are hanging on to businesses by their fingernails, this additional cost could mean plant closings and lost jobs to a community.” The complete text of the letter is reprinted blow.

At Tuesday’s Utilities Committee hearing, textile manufacturers and farmers said it would be difficult for them to afford higher electricity bills. "This may be the straw that breaks the camel's back," said N.C. Hosiery Association President Vance Richardson. Ronnie Jackson, a farm-equipment dealer from Clinton and a member of the N.C. Agribusiness Council, said farmers are pinched between lower commodity prices and rising operating costs, including gas prices. On the other hand, Hugh Morton, owner of Grandfather Mountain, said that because of pollution from power plants in Tennessee and the Midwest, "everything's dead and gone" atop Mount Mitchell. Unless N.C. cleans up its power plants, it can't pressure the Tennessee Valley Authority or utilities in the Ohio Valley to act, he said. "All of us are in this together."

In a note to House members accompanying the letter, NCCBI President Phil Kirk said “we have been asked by many members of the House about NCCBI’s position on this legislation. This is a very complex issue and we have spent a lot of time talking with and listening to our members about this bill. Because our members are divided on this issue, at this time NCCBI’s Executive Committee has decided to take no position on this bill.”

Because the issue is so important, Kirk said “we urge members of the House to take the time necessary to understand all aspects of this proposed legislation before taking final action on the bill.”


Text of NCCBI letter to all House members 
explaining our position on clean air legislation

On April 19, 2001, Leslie Bevacqua testified before the House Committee on Public Utilities regarding House Bill 1015 (the companion bill to Senate bill 1078) and posed several questions concerning the legislation. At that time, on behalf of NCCBI she urged that the committee delay action on this bill until further information could be obtained on the potential impact of this bill.

We wish we could say today that the questions that were raised have been answered. Although we have discussed this bill with the bill sponsors, many other members of the General Assembly and many of our members, there are still a number of unanswered questions regarding this bill.

In reviewing all of the information that we have to date on this issue, our Executive Committee is divided and, therefore, we cannot say that NCCBI either supports or opposes this legislation.

On April 27, NCCBI’s Environmental Concerns Committee spent a long time discussing the bill from the perspective of its potential impact on the environment as well as the additional costs that will be involved for all electric utility customers in North Carolina.

Our Environmental Concerns Committee has raised concerns that if this legislation is enacted, North Carolina will be going further and faster than any other state in the country in tightening regulations on air emissions. While the goal is laudable, without the cooperative efforts of other states in the region, our concern is that the actual impact on improved air quality will be minimal at best.

The concept of the bill is valid; we all want clean air. However, there are concerns that many businesses cannot bear another cost driver during these tough economic times.

Proponents of the bill admit that this legislation may not improve air quality in the mountains, but will put North Carolina in a better position to encourage other states to take similar action. They do believe that it will improve air quality in other parts of the state.

NCCBI’s Environmental Concerns Committee members do not believe that the benefits of this legislation outweigh the costs. Based on that information, they recommended to our Executive Committee that NCCBI oppose the legislation.

NCCBI has 2,300 members, including manufacturers, large companies, small businesses, educational institutions, community colleges, public and private universities, local chambers of commerce and statewide trade associations. We have members who feel strongly on both sides of this issue, although a majority of those who have responded to us on this bill have urged us to either oppose the bill or take no position.  

At this point, what we would like to do is to share with you the comments and concerns that we are hearing from our members.

If the result of this bill will mean cleaner air for the entire state and bringing non-attainment areas into attainment, then it may mean real help for our travel and tourism industry. It may also mean opportunities for industries currently located in the state to expand or for new industries to move into North Carolina.

However, without the cooperation of other states in the region, we are still going to be getting air pollution from Tennessee, the Ohio Valley and other states. Without the cooperation of these other regions of the country, our mountain air quality is not going to be improved. We may see improvement in some areas of the state -- possibly the Triangle, the Triad and Mecklenburg County -- but air travels and without a regional approach to this issue, North Carolina may be making a large financial investment for little result. In addition, we know that many of the air quality problems in the major urban areas are the result of mobile sources (automobiles), not stationary sources.

We are aware that Senator Basnight and others delivered a letter to President Bush expressing concerns about TVA and encouraging the federal government to get involved with this issue. We also know from conversations with the bill sponsors that they hope this legislation will give us some leverage to get other states to act. Our members continue to be concerned that the language in the bill doesn’t really have any teeth in it and it won’t help us with the regional problems.

People in North Carolina are concerned about clean air. We have had calls and letters from our members saying that clean air is important for business, health and quality-of-life and it is a particular issue for Western North Carolina and our travel and tourism industry.  And we believe the bill sponsors are accurate when they say that people are willing to pay more for it. However, the cost issue is still a big question with many of our members.

The impact of the increased cost will be on all consumers -- state and local government, schools, colleges, universities, as well as small and large businesses and manufacturers.

North Carolina lost more manufacturing jobs than any other state in the nation last year. For some companies, the cost impact from this legislation will not be substantial to their bottom line, but for others who are hanging on to businesses by their fingernails, this additional cost could mean plant closings and lost jobs to a community.

For state and local governments, schools, universities, and community colleges, it will mean increased costs at a time when they are being forced to cut spending.

Cleaning up these 14 coal fired power plants could have the benefit of keeping other industries from having to make additional investments in their facilities relating to air quality, but there are no guarantees in this bill. It may be more palatable to companies who will be paying higher utility costs if there was some assurance that the state wouldn’t come back in a few years and increase environmental restrictions on individual companies that would likely raise costs again. If this bill is going to move forward, that issue should be considered.

North Carolina competes with other states for business and for jobs. Clearly quality of life is one of the major factors that companies look at when they locate in a region. But they also look at the cost of doing business, including state and local taxes, property costs, utility rates, qualified workers, etc. This legislation will put us out in front of other states. It will have us meeting requirements that no other state in the country is required to do. While this could be an advantage, it could also put us at a competitive disadvantage with other states at a time when we are seeing the economy slow down and people losing jobs.

It is clear to us from the discussions with NCCBI’s Executive Committee members and from all of the telephone calls that we have received on this bill that there is no real consensus on this legislation.

We urge the North Carolina General Assembly to move slowly and cautiously on this legislation, carefully weighing what businesses and individuals can bear in terms of cost versus what the real benefits will be if North Carolina is the only state in the nation to take this approach.


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