Legislative Bulletin

JUNE 8, 2001


In the General Assembly
See committee actions, floor votes and a list of new laws on the books

House passes bill raising auto emissions testing fees
The House on Tuesday approved a bill that sets fees for North Carolina's stronger auto emissions testing program, established by the 1999 General Assembly. The vote was 69-44 to approve the bill, H. 969 Air Quality/Motor Vehicle Inspection Fees, sponsored by Rep. Joe Hackney (D-Orange). The measure now goes to the Senate.

The state’s new auto emissions testing program will be phased in over the next five years and expanded from the current nine urban counties to 48. The legislation, which now goes to the Senate for consideration, would set the motor vehicle safety and emissions inspections fee at $34. In counties where emissions testing is not required, the fee for safety inspections alone would increase from $9.25 now to $14.45 in October and to $16 in 2003.

Several efforts to amend the bill on the House floor were defeated, including one by Rep. Larry Justus (R-Henderson) that would have expanded the emissions testing to all 100 counties.

NCCBI supports the bill, along with the N.C. Department of Environment and Natural Resources, N.C. Department of Health and Human Services, N.C. Department of Transportation, N.C. Service Station Association, The Carolina AUTO PRO Association, American Lung Association, Manufacturers and Chemical Industry Council, Sierra Club, Conservation Council of North Carolina, Independent Garage Owners of North Carolina, N.C. Tire Dealers and Retreaders Association, Inspection Station Association of North Carolina, and the N.C. Retail Merchants Association.

"Nearly half of the ozone-forming emissions in North Carolina come from motor vehicles," said Bill Ross, secretary of the N.C. Department of Environment and Natural Resources. "This legislation will allow us to implement the enhanced testing program and do a better job testing the air-pollution controls on cars and trucks, so we can reduce ozone levels."

Ozone, the key component in urban smog, is the most widespread air quality problem in North Carolina. In 1999, ozone levels exceeded the standard in North Carolina on 68 days, fifth highest among the 50 states. Cars, trucks and other mobile sources account for about half of the ozone-forming emissions statewide and up to 90 percent in major metropolitan areas.

To deal with the ozone problem, North Carolina's Clean Air Plan calls for substantial reductions in emissions from motor vehicles and power plants. The General Assembly enacted a major portion of the plan in 1999 by adopting legislation that enhances and expands the auto emissions testing program from nine to 48 counties by 2006; requires low-sulfur gasoline statewide by 2004; offers incentives for alternative fuel vehicles; and provides more funding for rail and mass transit.

Another key element of the Clean Air Plan is tougher controls on nitrogen-oxide (NOx) emissions from utilities, mainly the 14 coal-fired power plants in the state, and other large industrial sources. The Environmental Management Commission is considering rules that would require coal-fired electric power plants to cut their NOx emissions by 68 percent by 2006. Those proposed requirements by the EMC are separate from the reductions in emissions from the coal-fired power plants contemplated in S. 1078 Air Quality/Utility Plants, which would require power plants to reduce their year-round emissions by about 70 percent for NOx and 75 percent for sulfur oxides. See related story above.

The existing emissions test now required in nine urban counties uses a probe to directly measure the concentrations of pollutants in the tailpipes of vehicles. But the existing tailpipe test does not determine the cause of high pollutant levels, and it doesn't measure for nitrogen oxides (NOx), the main cause of ozone pollution.

Legislation adopted last year requires services stations to test emissions using motor vehicles' on-board diagnostic (OBD) systems, the computers installed on all new cars and trucks since 1996. The new test doesn't directly measure pollutants in exhaust, but instead uses vehicles' OBD systems to determine whether all of their pollution controls are working. If a vehicle fails the OBD test, the computer helps to identify what needs to be repaired. OBD testing also is less costly and time-consuming than other methods for testing NOx emissions from motor vehicles.

Emissions tests currently are required in nine counties: Cabarrus, Durham, Forsyth, Gaston, Guilford, Mecklenburg, Orange, Union and Wake. OBD tests will be required in the nine existing counties for 1996 and newer vehicles, with tailpipe tests required for 1975 through 1995 vehicles, starting on July 1, 2002. OBD tests only will be required in all new counties added to the emissions testing program. New counties will be added to the emissions testing program according to the following schedule:

  • July 1, 2003 - Catawba, Cumberland, Davidson, Iredell, Johnston and Rowan.

  • Jan. 1, 2004 - Alamance, Chatham, Franklin, Lee, Lincoln, Moore, Randolph and Stanly.

  • July 1, 2004 - Buncombe, Cleveland, Granville, Harnett and Rockingham.

  • Jan. 1, 2005 - Edgecombe, Lenoir, Nash, Pitt, Robeson, Wayne and Wilson.

  • July 1, 2005 - Burke, Caldwell, Haywood, Henderson, Rutherford, Stokes, Surry, Wilkes.

  • Jan. 1, 2006 - Brunswick, Carteret, Craven, New Hanover and Onslow.

 More information about ozone, the emissions testing program and other air quality issues can be found at the DAQ's web site, http://daq.state.nc.us.

 

House says it’s OK for schools to post the Ten Commandments
By a lopsided margin of 101-15, the House on Wednesday approved a Senate-passed bill to encourage dress codes and teaching of character education in the public schools. House Republicans wanted to go a step further and lead a move to amend the bill to stipulate that schools may display the Ten Commandments on classroom walls. The bill, S. 898 Student Citizen Act of 2001 {Dalton} now goes back to the Senate for concurrence in amendments. The Ten Commandments amendment was offered by Rep. Don Davis (R-Harnett). It allows display of Biblical tenets on any school property as long as they are displayed in the same manner as "other documents of historical significance."

Board of Education appointees confirmed during rare joint session

Meeting in a rare joint session, the House and Senate on Wednesday confirmed Gov. Mike Easley's three appointments to the State Board of Education, all of whom work in higher education. By wide margins, the House and Senate approved the eight-year appointments of Michelle Howard-Vital, Wayne McDevitt and Patricia Nickens Willoughby. Howard-Vital is a vice chancellor for the Division of Public Service and Extended Education at UNC-Wilmington. McDevitt, a former DENR secretary and chief of staff in Gov. Jim Hunt's administration, is an administrator at UNC Asheville. Willoughby is an assistant education professor at Meredith College in Raleigh. The new members fill positions on the 15-member board left vacant by the expiration of terms of board members Eddie Davis of Durham, Bob Douglas of Asheville and Margaret Harvey of Kinston.

House rejects bill to help third-party candidates
The House on Tuesday defeated a Senate-passed bill that would have made it easier for independents and third-party candidates to get their names on the ballot in North Carolina. The measure, S. 10 Ballot Access Changes, was defeated by a vote of 45-71, with 16 Democrats joining 55 Republicans to reject the measure.

The bill would have reduced the number of signatures a third-party candidate for statewide office needs to get on the ballot from 2 percent of the total number of registered voters in the state – one of the nation’s most restrictive requirements – to 2 percent of the total number of ballots cast in the lat gubernatorial election. The bill also would have lowered similar thresholds for third-party candidates for congressional, legislature and local offices.

The legislation also would have allowed third parties that get less than 10 percent of the vote to retain their party status. Now, third parties getting less than 10 percent of the vote are dropped from the ballot and their official party status is terminated.  

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