Legislative Bulletin

September 21, 2001


Other stories below:
Senate approves changes to Bill Lee Act
Senate redistricting plan moves toward a House vote
Senate gives Treasurer more leeway in investments
Bill to extend sunset on state ports tax credit passes Senate
Conferees named on Patients Bill of Rights


Legislative Actions

NCCBI testifies in support of air permits bill
NCCBI Vice President of Governmental Affairs Leslie Bevacqua testified Tuesday in support of a committee substitute for a bill that clarifies what construction can take place prior to final approval of an air quality permit. The committee substitute received a favorable report from the Senate Committee on Agriculture, Environment and Natural Resources and now will go to Senate Finance.

“This bill does not change any air quality standards,” Bevacqua said. “The bill is a reasonable approach to address the concerns of the state, the environmental interests and the business community.”

S. 1037 No Air Permits/Facility/Equipment/Operation, sponsored by Sen. David Hoyle (D-Gaston), has the full support of the N.C. Department of Environment and Natural Resources (DENR) as well as the business community. It allows businesses to proceed with construction projects on a timely and cost-effective basis while protecting the ability of DENR to fully and fairly consider all aspects of the proposed projects during permitting.

For the last decade, businesses that were constructing facilities which would emit air pollutants were required to obtain an air permit before beginning operations of that facility. No permit was required to begin construction. Recently, DENR and the Department of Justice have reinterpreted the relevant statutes and began requiring businesses to obtain air quality permits before beginning construction. The new legislation specifies what part of the construction is possible prior to final permit approval and makes it clear that any business that chooses to begin construction is acting at its own risk.

Senate approves changes to Bill Lee Act
The Senate gave final approval Friday to legislation expanding the job credits offered in the Bill Lee Act to include companies that build large distribution warehouses in the state’s poorest counties. The bill, S. 748 Bill Lee Act Changes-AB {Hoyle}, also includes a sales tax break on electricity for companies that use electricity in manufacturing. 

Although S. 748 could affect a number of businesses it was designed to lure a Lowe's distribution center proposed in Northampton County, where the home improvement chain announced last spring that it would spend $90 million building a new distribution center and hire as many as 600 people. Under the legislation, distribution centers would only be eligible for the tax breaks if they build in a Tier 1 or Tier 2 county. They would also have to invest $10 million in land, buildings or infrastructure and create at least 200 jobs within two years.

The proposed changes in the Bill Lee Act would reduce anticipated corporate income tax collections by $4.7 million in the 2003-2004 fiscal year, rising to $14.3 million by 2005-2006, according to the legislature’s Fiscal Research Division. That would be more than offset by increases in personal income taxes from people taking new jobs created.

One piece of the bill has caused some concern for businesses currently receiving tax credits for varied business activities. Recently, the Department of Revenue has begun taking the position that it is the business classification of the entire legal entity that determines whether or not a taxpayer is engaged in an eligible business for purposes of the Lee Act credits. The legislation will only allow businesses to receive credits for one type of business, rather than receive credits for different business activities that are taking place at different sites.


Bill to extend sunset on state ports tax credit passes Senate
The Senate Finance Committee favorably reported H. 1388 Extend Sunset on State Ports Tax Credit, the measure sponsored by Rep. Bill Hurley (D-Cumberland), and the bill later received second- and third-reading approval in the Senate.

NCCBI’s Transportation and Economic Development committees strongly support this legislation which will continue to ensure the strength of our state’s ports and credits for businesses that use the ports. The credit, which expired Feb. 28, 2001, is a valuable incentive for businesses currently in North Carolina and a valuable tool for recruiting new businesses. 

H 1388 extends the sunset to 2006. In a letter to House Finance Committee chairs in support of the bill, NCCBI President Phil Kirk stated, “Now is not the time for North Carolina to remove tax credits for businesses. Our economy is suffering, the unemployment rate exceeds the national rate, and we have lost more manufacturing jobs than any other state.”

 
Senate redistricting plan moves toward a House vote
The Senate gave second- and third-reading approval to S. 798 Senate Redistricting {Miller} on Wednesday. The plan emerged from the Senate Redistricting Committee after the panel rejected two other maps that committee leaders said would harm blacks and rural residents. Observers said the redistricting plan essentially would preserve the status quo in the Senate, which Democrats control by a 35-15 majority.

Observers said the plan proposes 11 solidly Democratic districts and 15 other districts that tilt Democratic. It includes 9 solidly Republican districts and 6 others that tilt Republicans. The map includes 9 swing districts. All of the swing districts currently are represented by Democrats.

An analysis of the proposed Senate redistricting map by Sam Watts of Strategic Analysis and Messaging concludes that, to maintain a minimal majority of 26 seats in the chamber, Senate Democrats would only need to hold their base seats and keep at least two of the nine swing districts. On the other hand, for Republicans to gain control, their would need to hold all of their base seats, win all nine of the swing seats and take two of the Democratic base seats.
 
Senate gives Treasurer more leeway in investments
In a 32-12 vote, the Senate on Tuesday gave second- and third-reading approval to H. 327 Revise Treasurer Investment Authority {Allen} and returned the measure to the House for concurrence in amendments. The legislation gives the state Treasurer the discretion to invest up to 65 percent – now, 50 percent -- of state employee pension funds in the stock market and up to 5 percent – now, none -- in venture capital and hedge funds. The bill also requires the Treasurer to report more frequently to the legislature and in more understandable terms the results of such investments.

Conferees named on Patients Bill of Rights
Senate President Pro Tem Marc Basnight and House Speaker Jim Black announced their appointments to a conference committee to resolve differences in S. 199 Patients Bill of Rights legislation that each chamber passed last month. The Senate conferees are Allen Wellons (D-Johnston), Jeanne Lucas (D-Durham), Tony Rand (D-Cumberland), Jim Forrester (R-Gaston) and Bill Purcell (D-Scotland). The House conferees are Edd Nye (D-Bladen), Joe Hackney (D-Orange), Wilma Sherrill (R-Buncombe), Zeno Edwards (D-Beaufort), Bill Hurley (D-Cumberland) and Larry Justus (R-Henderson). Sen. Wellons, who sponsored the original legislation, and Rep. Nye are the co-chairs.


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