Veto Overrides
The Republican-controlled General Assembly overrode five of Democratic Governor Roy Cooper’s vetoes this week, bringing the legislature's total veto override count this session to 19, far more than any other legislative session.
Republicans, along with a handful of Democrats, voted to override the Governor's veto of:
HB 600: Regulatory Reform Act of 2023 - aims to amend state regulations across various sectors, from water protection and agriculture to energy and construction, including:
- Modifies the ability of property owners to voluntarily elect to treat stormwater from preexisting development or redevelopment
- Adjusts rules concerning stormwater management and sets clearer guidelines on redevelopment projects
- Expands exemptions for certain "public linear transportation projects"
- Standardizes the Department of Environmental Quality's (DEQ) process for applications related to dredging and energy transmission projects
- Requires a review by the Environmental management Commission to ensure water quality standards for certain pollutants are based on science and protect public health
- Directs DEQ to assess the health risks of 1,4-dioxane in drinking water
- Prohibits DEQ from imposing restrictions on dredging activities unless required by federal law
- Establishes new standards for wastewater flow rates for newly develop dwelling units
- Prohibits counties and cities from regulating the operation of online marketplaces and from requiring online marketplace platforms provide user information unless mandated by a subpoena or court order
- Allows the Department of Information Technology to fund procurement activities through a combination of administrative fees
In his veto statement, Governor Cooper said the bill is a “hodgepodge of bad provisions that will result in dirtier water, discriminatory permitting and threats to North Carolina’s environment.” Five House Democrats joined all Republicans in both chambers to override the veto.
SB 512: Greater Accountability for Boards/Commissions - shifts powers of appointments from the Governor to the General Assembly for several statewide boards, including the Board of Transportation, the Environmental Management Commission, and the Wildlife Resources Commission. The bill also increases the size of the UNC Board of Governors from 24 to 28 members.
In his veto statement, Governor Cooper said the legislation “violates the separation of powers enshrined in the state Constitution.” Senator Warren Daniel (R-Burke) released a statement saying the bill will broaden “the diversity of thought by balancing appointments from the governor, Council of State, and the legislature.”
SB 678: Clean Energy/Other Changes - modifies various facets of the state’s energy policy, by (1) adding nuclear energy as a recognized source of clean energy, (2) providing the Utilities Commission more authority to determine cost effective energy generation sources, (3) extending the closure deadline for certain coal combustion residual impoundments, and (4) increasing the capacity for leased solar facilities in the state.
Senator Paul Newton (R-Cabarrus) released a statement saying the bill will put the state “in a position where expanding nuclear is less of a question and more of a reality.”
SB 747: Elections Law Changes - requires absentee ballots to be received by the board of elections by the end of Election Day, whereas mail-in ballots, that were postmarked by Election Day, were previously accepted three days following the election. SB 747 also changes how poll observers can move around a voting site and prohibits elections boards from accepting private contributions.
Republicans have sought to reform North Carolina’s election processes since the 2020 election changed how voters cast their ballots. In his veto statement, Governor Cooper said the bill, “has nothing to do with election security and everything to do with Republicans keeping and gaining power.” House Speaker Tim Moore (R-Cleveland) issued a statement on the override saying, “voters deserve to know their elections are safe and secure.”
SB 749: No Partisan Advantage in Elections - changes how state and county boards of elections are structured by requiring each board to have equal numbers of Democrats and Republicans. Currently, most elections boards are comprised of members of the party of the Governor. SB 749 also provides some guardrails for gridlocked decisions on hiring of local elections directors.
In his veto statement, Governor Cooper said the bill is a “legislative takeover of state and local elections boards.” In a statement on both S747 and S749, Senators Warren Daniel and Paul Newton said the override “ensures voters can go to the polls knowing that elections are being conducted in a fair, nonpartisan manner.”
The overrides were the main legislative business conducted this week, but two other bills were also adopted and sent to Governor Cooper for consideration. SB 677: Surveyors Right of Entry/Exped. Comm. Bldg passed with bipartisan support and, if signed, would provide professional surveyors more protection for their personal safety when they are on the job.
HB 415: Stop Addiction Fraud Ethics Act of 2023 also passed with bipartisan support and would combat misleading marketing practices and illicit brokering of patients with substance use disorders by introducing specific regulation and penalties for violations.
