Toxic legislation alert: SB 229

Shifting authority from DENR to Agriculture on water quality issues:

AN ACT to transfer the division of soil and water conservation and the Soil and water conservation commission of the department of environment and natural resources to the department of agriculture and consumer services and to make conforming changes.

This is another voluminous bill that deserves scrutiny from more qualified eyes, but my layman's eyes see some serious problems with this.

First and foremost, the Department of Agriculture (& Consumer Services) has much stronger ties to industry than does DENR, virtually guaranteeing conflicts of interest where environmental stewardship is concerned. Secondly, the Board of Agriculture doesn't have the qualifications to oversee the technical aspects of water and soil conservation. Horses, cows, chickens, peanuts, tobacco and cotton, yes. Water and soil? No.

So, the only reason to relocate this Commission is to remove the science from the equation. Which is par for the course with Republicans. But this bill is also a back-door attempt to skirt Federal law in the form of NPDES Phase II Stormwater Runoff rules (see Jordan Lake Rules):

SECTION 7. G.S. 139‑4(d) reads as rewritten:

"(d) In addition to the duties and powers hereinafter conferred upon the Soil and Water Conservation Commission, it shall have the following duties and powers:

…

(9) To create, implement, and supervise the Agriculture Cost Share Program for Nonpoint Source Pollution Control created pursuant to Part 9 of Article 21 of Chapter 143Article 72 of Chapter 106 of the General Statutes and the Community Conservation Assistance Program created pursuant to Part 11 of Article 21 of Chapter 143 of the General Statutes.

(10) To review and approve or disapprove the application of a district supervisor for a grant under the Agriculture Cost Share Program for Nonpoint Source Pollution Control or the Community Conservation Assistance Program as provided by G.S. 139‑8(b).

(11) To develop and implement a program for the approval of water quality and animal waste management systems technical specialists.

(12) To develop and approve best management practices for the Agriculture Cost Share Program for Nonpoint Source Pollution Control and for use in the water quality protection programs of the Department of Environment and Natural Resources and to adopt rules that establish criteria governing approval of these best management practices."

But just moving authority to regulate farmers into the hands of, you know, farmers, is not quite enough for our out-of-control GOP legislators. Oh no. Once again, they are trying to take authority completely out of the Executive and into their shaky hands:

The General Assembly finds that animal operations provide significant economic and other benefits to this State. The growth of animal operations in recent years has increased the importance of good animal waste management practices to protect water quality. It is critical that the State balance growth with prudent environmental safeguards. It is the intention of the State to promote a cooperative and coordinated approach to animal waste management among the agencies of the State with a primary emphasis on technical assistance to farmers. To this end, the General Assembly intends to establish a permitting program for animal waste management systems that will protect water quality and promote innovative systems and practices while minimizing the regulatory burden. Technical assistance, through operations reviews, will be provided by the Division of Soil and Water Conservation of the Department of Agriculture and Consumer Services. Permitting, inspection, and enforcement will be vested in the Division of Water Quality."

Veto, Veto, Veto. Did I say Veto? What I meant to say was Veto.