Click here to view PENC’s Advocacy Action Center to view the latest bill tracker and other information.

Legislative Updates

• The legislature remains in a post-crossover period, the date by which bills must pass their originating chamber to remain eligible for the remainder of session. This does not apply to appropriations or finance bills. We have included a detailed list of engineering-related bills below that met the crossover deadline or remain otherwise eligible. You can read the full list of bills that met crossover from Legislative Services here (does not include finance or appropriations bills).

• As budget negotiations continue, each chamber is holding many of the other’s bills from committees and floor votes in order to gain leverage in the negotiation process. 

• This week, the Senate is likely to vote on two bills which would alter state and local boards of elections as well as various voting procedures. Read more here.

  • SB 747: Elections Law Changes.

    • Eliminates three-day grace period for absentee ballots 

    • Bans private money from election administration

    • Adds additional security measures to elections

  • SB 749: No Partisan Advantage in Elections. 

    • Restructures the State Board of Elections to be evenly-split between Republicans and Democrats

    • Gives appointment privileges to legislators rather than the Governor 

• On Tuesday of this week, the Senate overrode four of Governor Cooper’s vetoes. Read more here. 

  • SB 364: Nondiscrim & Dignity in State Work.

    • Prohibits “compelled speech” and promoting certain concepts in the workplace and in hiring

  • SB 331: Consumer Finance Act Amendments. 

    • Increases fees by the licensee to the buyer from $15 to $18

    • Requires a licensee to notify the Commissioner of any change in the name and address of the licensee or of the president, secretary, or agent of a corporation, or in the membership of a partnership, but does not outline when that notice must be filed

    • Increases the monetary threshold of loan contracts from $15,000 or less to $25,000

  • SB 329: Retail Installment Sales Act Amendments. 

    • Modifies the maximum finance charge rates that may be applied to consumer credit installment sale contracts and would increase from $15 to $18 the default charge for past due installment payments 

  • SB 299: Reimburse Late Audit Costs with Sales Tax Rev.

    • Allows penalties to be assessed to local governments that are to file audits by withholding sales tax revenue from them

    • State Auditor, Beth Wood, and State Treasurer, Dale Folwell, both issued a joint statement supporting an override of this bill, because it incentivizes local governments to be more timely and organized with their audits

• The Army Corps of Engineers has issued an “emergency exception” to the Coastal Barrier Resources Act (CBRA), for Wrightsville Beach to use sand from Masonboro Inlet to help ease its erosion problem. Read more here. 

• Months after its passing in the Senate, the House took up SB 58, which would impose harsher penalties on damaging electrical substations and other energy facilities and critical infrastructure, making it a Class C felony to do so. This bill is a big step towards further protecting the state’s infrastructure and assets and has now become law. 

State Updates

While budget negotiations between the House and Senate continue, lawmakers are maintaining that they intend to finish by the end of the month before the start of the next fiscal year. President Pro Tempore, Phil Berger, has noted that they are “really close with the House on raises,” but they are still hung up on reserve funds and state income tax level adjustments. 

Things are still progressing with legislation and other happenings around the state, however! 

• NC Innovation Money
  • More than $1 billion in the NC Senate’s proposed budget would go towards NCInnovation. 
  • This is intended to convert academic research into start-up businesses. 

• Energy Rate Hikes 
  • Duke Energy will raise rates by 4.8% beginning June 1 for residential customers in Asheville, Raleigh and eastern North Carolina.
  • The North Carolina Utilities Commission approved the increases last week as it wrapped up expert witness hearings on Duke’s request to raise rates by 18.7% over three years under newly permitted multiyear rate plans.
  • If regulators approve a more minor increase than the temporary rates, Duke would have to refund the difference to customers. 

• Energizer Investment
  • Two weeks ago, the battery company announced that they would be adding 144 jobs to the Asheville area, with a $43 million investment. 

• Voter ID
  • Come November, voters in North Carolina will have to show a form of ID, such as the following prior to voting: 
    • The voter has a reasonable impediment to presenting photo ID. This category is wide-ranging and includes lost or stolen IDs, lack of transportation, disability or illness, conflicting work schedules or family responsibilities, lack of documentation such as birth certificates needed to get an ID, or not yet receiving an ID after applying for one.
    • The voter has a religious objection to being photographed.
    • The voter suffered a federal or state-declared natural disaster within 100 days of the election. Bipartisan county boards of elections are required to count ballots with completed ID exception forms “unless the county board has grounds to believe the affidavit is false,” according to state law.

• Redistricting
  • NC is no stranger to controversy when it comes to redistricting, and later this session, following the completion of the budget, lawmakers will once again begin the process of drawing new electoral maps. 
  • Previously, Republicans have had former map drafts eliminated by the State Supreme Court as unconstitutional; however, whatever maps are drawn this year will likely stick, as the once 4-3 Democrat-controlled court is now 5-2 in favor of Republicans. 

• STEM Workforce
  • As negotiations between the House and Senate continue, one thing to look at is the university system appropriations in the two budgets. 
  • In the Senate’s version of the budget, an additional $8 million dollars was allocated to UNCW for the purpose of increasing their “critical workforce programs,” with particular emphasis on coastal engineering, cybersecurity, and intelligent systems engineering programs and other STEM-focused career paths. 

• Resilience Projects
  • More than $600,000 in state-private partnership funds will be appropriated for recovery and resiliency projects through NCORR, including the following: 
    • The Albemarle Commission has been awarded $65,000 to develop a toolkit of customizable stormwater, water quality and flooding outreach for its member counties.
    • In the Cape Fear region, $65,000 has been awarded to expand Men and Women United for Youth & Families, an organization serving historically underserved communities with disaster mitigation and recovery assistance.
    • In the Eastern Carolina Council of Governments region, through an agreement with Goldsboro, $65,000 will go to Community Technical Assistance Inc. to reuse city-owned property acquired through FEMA’s Hazard Mitigation Grant Program as an outdoor classroom for education and leadership training.
    • Roxboro, in the Kerr-Tar Council of Governments region, will use its $65,000 to coordinate a commercial and industrial building inventory, including analysis of climate hazard impacts and risk reduction improvements, for its member counties.
    • In the Lumber River Council of Governments region, $65,000 goes to Carolina Wetlands Association and its partners to develop a wetland restoration plan for 50 acres covering part of the Lumbee Cultural Center property and surrounding wetlands in Robeson County that routinely floods.
    • Cumberland County, in the Mid-Carolina Council of Governments region, has been awarded $27,650 to install stream gauges and sensors at six locations to help improve flood warning and forecasting in routinely flooded areas.
    • Two projects in the Mid-East Commission region have been awarded funding. Carolina Wetlands Association will use $65,000 for wetland and floodplain restoration along Parker Creek just north of Greenville and further downstream. The Association of Mexicans in North Carolina will use its $60,850 to relaunch NC Latino Disaster Recovery Alliance to share hazard response and preparedness information with Latino and Spanish-speaking community members, including farmworkers.
    • Triangle J Council of Governments has been awarded $65,000 to plan and implement a Haw River warning system and evaluate backup power needs for emergency shelter facilities.
    • Nash County, in the Upper Coastal Plain Council of Governments, has been awarded $65,000 to create flood resiliency by developing a benefit-cost analysis and a study of routinely flooded access points that include access to an emergency communications tower and residential neighborhood.

State Updates
Following the unveiling of the Senate budget early last week, the Senate has passed their budget ahead of the conference process in the coming weeks. Read more at WRAL.
While the Senate budget spends the same as the House budget, it is vastly different in the items it funds
Senate budget writers tactically left out a great deal of items that the House budget funded to leverage when they come to the negotiating table
We will keep a close eye on what will be kept in from each of the budget frameworks and what will be left on the chopping block
See PENC-specific provisions here

Last week, the General Assembly overrode the Governor’s veto of abortion legislation, which will now become law. Read more at WRAL.
House Republicans maintained the three-fifths majority of votes needed to override the Governor’s veto
This legislation now bans abortion after 12 weeks of pregnancy in NC
This comes on the heels of Rep. Trisha Cotham (R-Mecklenburg) switching from the Democratic party to the Republican party, solidifying a Republican supermajority in the House

Read the full legislative update.

Click here to view PENC’s Advocacy Action Center to view the latest bill tracker and other information.

• House budget released. See PENC specific highlights here

• The House has taken this week off from voting sessions on the floor as they took up so many bills during last week’s sessions, and they await the Senate’s unveiling of their budget. 

• Given that this year was the House’s turn to start the budget process, the Senate’s version of the budget is being developed now. We expect the final budget after conference negotiations to look different than either the House or Senate version and folks are optimistic about final budget approval by the end of June. 

• Republicans have veto-proof supermajorities in both the House and Senate following the party change of Representative Tricia Cotha from Mecklenburg County recently. A lifelong Democrat hailing from a family deeply rooted in the Democratic Party, Rep. Cotham changed her party affiliation to Republican. She is not the first Democrat to make such a shift in the last few years, however this has been the most controversial.

• A bill outlining changes to NCORR’s prioritization of homes had a special hearing in a committee where NCORR administration were in attendance has been heard: SB 438: NCORR Administrative Modifications

  • The General Assembly, Governor, and the state as a whole is very disappointed in the pace and the ineffectiveness of NCORR in getting people back in their homes following the Hurricane Matthew and Florence disasters. 

  • Gov. Cooper created NCORR in 2018 to manage $778 Million in federal disaster relief funds, and funds must be spent for homes affected by Matthew by 2025 and Florence by 2026. 

  • Legislators revealed that only 1,118 projects have been completed with 3,608 remaining. 

  • This bill outlines stricter guidelines for contractors bidding on these projects, as well as a prioritization system for NCORR in order to get projects done more swiftly and to help low-income and elderly people affected. 

• Thursday, May 4th, signaled the crossover deadline where bills had to pass their originating chamber in order to remain eligible for the remainder of session (including the 2024 short session).

• Two weeks ago, the NC Supreme Court overturned its prior decision that state courts should be involved in the drawing of election maps. This comes after the 2022 elections saw a new 5-2 Republican majority on the NC Supreme Court. 

  • The United States Supreme Court has asked that new briefs in the “independent state legislature” case be submitted by May 11th. 

Gov. Cooper’s Boards and Commissions Nominations and Appointments

•  State Board of Education: 

  • John M. Blackburn–7th Education District representative

  • Linda Cooper-Suggs–3rd Education District representative

• NC Utilities Commission: 

  • ToNola D. Brown-Bland (Burlington)–reappointed as member at large, served since 2009

  • Daniel G. Clodfelter (Charlotte)–reappointed as member at large, served since 2017

  • Charlotte A. Mitchell (Raleigh)–reappointed as member at large, served since 2018

• Acupuncture Licensing Board: 

  • Patricia Ann Bernarding (Burnsville)–as a public member

• Governor’s Crime Commission: 

  • The Honorable Sherri W. Elliott of Newton as a Chief District Court Judge

• Board of Elections: 

  • T. Jefferson Carmon III of Raleigh, nominated by the Chair of the North Carolina Democratic Party. Carmon has served on the Board since 2019.

  • Stacy Clyde Eggers IV of Boone, nominated by the Chair of the North Carolina Republican Party. Eggers has served on the Board since 2020.

  • Alan S. Hirsch of Chapel Hill, nominated by the Chair of the North Carolina Democratic Party.

  • Kevin Neil Lewis of Rocky Mount, nominated by the Chair of the North Carolina Republican Party.

  • Siobhan Millen of Raleigh, nominated by the Chair of the North Carolina Democratic Party.

• NC Historical Commission: 

  • Dr. Susanna Michele Lee of Durham as a professor of history.

• NC Human Relations Commission: 

  • Sonia M. Barnes of Garner as the representative of the 13th Congressional District.

• NC Human Trafficking Commission: 

  • Dr. Corinna Lynn Myers of Mathews as a health care professional.

• NC Museum of Art Board of Trustees: 

  • Tammy Coley of Charlotte as the 14th Congressional District representative.

• NCWorks Commission: 

  • Cameron D. McDonald of Charlotte as a business representative within the energy industry.

• Roanoke Island Historical Association Board of Directors:

  • Frank Daniels IV of Southern Pines as a member at-large.

• NC State Social Services Commission: 

  • Rebecca E. Andrews of Wake Forest as the 2nd Congressional District Representative.

• Governor’s Western Residence Board of Directors:

  • Nancy H. Hunter of Marion as a member at-large

02/1/23 PENC Advocacy Update

Register today for the PENC Lobby Day, February 22, 2023!

ISSUE ALERT: If your organization is having issues with payment as a second or third tier sub, please email carson@theadvocacyshop.com to let your lobbying team know. We’ve been asked by other lobby groups if this is an issue our members are experiencing.

The 2023 Long Session is underway at the North Carolina General Assembly! Session officially convened on Wednesday, January 11th, but it was largely ceremonial and organizational in nature. Session began in a more regular cadence last week on Wednesday, January 25th. House and Senate Rules have been passed dictating bill drafting and filing deadlines (February and March depending on the types of bills: local bills, public bills, those that need to go through Finance or Appropriations, etc. We’re expecting early May for the Crossover deadline which is the date by which a bill must pass its originating chamber in order to remain eligible. 

Save the Date! Lobby Day and E-Week Recognition: February 22, 2023

8:30am - 12:00pm Lobby Day

12:00pm Dutch lunch at the NCGA

TBD 1pm-3pm Engineers Week Legislative Recognition

4:30pm - 6:30pm NC Chamber Legislative Reception (additional fee)

Wednesday, February 22, 2023, Engineers Week will be recognized on the floor of the NC House by Representative Dean Arp, PE. You are invited to join PENC and other engineering leaders in the House gallery for this recognition. While the time of the legislative session for that date has not been set, session typically begins between 1pm and 3pm so save the date to join us in the afternoon. We will start off the day with a lobby day, meeting at 8:30am and embark for meetings with legislators whose districts you live in and who are working on legislative issues important to PENC. We hope you’ll join us for all or part of this exciting day. 

Click here to register!

February 22, 2023 NC Chamber Legislative Reception

Following our full day at the legislature, you are also invited to join PENC for the NC Chamber’s legislative reception at the Merrimon-Wynne House at 500 N Blount Street in Raleigh. PENC is a member of the North Carolina Chamber and is able to offer you the member ticket price for this additional event. Early bird registration is $150 if purchased before February 8, 2023. After 2/8 the member rate will increase to $175. If you indicate interest in the lobby day registration, we'll send you more information to register under PENC. You can also register on your own or find out more here: NC Chamber Legislative Reception

If you’re interested in following legislative committees, we’ve provided links below to House and Senate committee schedules and committee webpages.

House Committees of Interest (House Committee Schedule): 

• Standing Committees: 

  • Energy and Public Utilities

  • Environment

  • Local Government

  • Local Government–Land Use, Planning and Development

  • Regulatory Reform

  • State Government 

  • Transportation

• Appropriations Committees:

  • Appropriations

  • Appropriations, Agriculture and Natural and Economic Resources

  • Appropriations, Capital

  • Appropriations Transportation

Senate Committees of Interest (Senate Committee Schedule):

• Standing Committees:

  • Agriculture, Energy, and Environment

  • Commerce and Insurance

  • State and Local Government

  • Transportation

• Appropriations Committees: 

  • Appropriations/Base Budget

  • Appropriations on Agriculture, Natural, and Economic Resources

  • Appropriations on Department of Transportation

  • Appropriations on General Government and Information Technology

• Non-Standing/Joint Committees of Interest: 

  • Administrative Procedure Oversight Comm, Jt Lg

  • Agriculture, Natl, Econ Resources, Jt Leg Oversight Comm

  • Capital Improvements Oversight Comm, Jt Leg

  • Emergency Management Oversight Comm, Jt Leg

  • Energy Policy Commission, Jt Leg

  • Environmental Review Commission

  • General Government, Jt Oversight Comm

  • Governmental Operations, Jt Leg Commission

  • Local Government, Jt Leg Comm

  • Program Evaluation Oversight Comm, Jt Leg

  • Transportation Oversight, Jt Leg Comm

PENC is seeking a recurring appropriation to the Educational Foundation for the Future City Competition. We will keep our members up to date as this progresses. 

Learn more about this year's competition at https://futurecity.org/north-carolina. 

If you are interested in attending in person, or streaming online, please see the below information.