House Bill 1429 is called; it’s the next-to-last bill. Working through their supplemental calendar, the House takes up House Bill 1429. Rep. David Lewis says it has a small glitch they are trying to resolve and the bill is delayed. I have no idea about the glitch, but Rep. Mitch Gillespie ? a water and property rights advocate ? is involved.
After a brief delay, the last bill of crossover week is the regulation of private wells, H.B. 1429. Lewis, R-Harnett, explains that in 2008 the General Assembly acted responsibly and passed a state drought plan, which unfortunately had a provision added in the Senate that allowed private wells to be regulated. Rep. Pryor Gibson says he supports what Lewis is trying to do but objects to the language that would pit one jurisdiction against another. Boos erupt from the members. They all want to go home.
Rep. Kelly Alexander, D-Mecklenberg, has an amendment that strikes “or any other private well” everywhere in the bill, citing ETJ concerns, and says you should have the ability to regulate for public safety. Property rights vs. public policy: public policy prevails.
Lewis says in 2007, the House said it was good public policy to protect property rights. Rep. Mitch Gillespie, R-McDowell, speaks and says we already amended the bill to fix this. Gibson admitted in 2007 that without express exemption private wells can be regulated. Rep. Bill Faison says the amendment creates a problem ? folks in North Carolina don’t want their private wells regulated. Scientifically and practically, it’s not needed. Gibson says in a drought, emergency regulation is needed, and Lewis’ bill goes too far. The House Water Committee chair says water is such a big deal and supports the bill ? not the amendment. Rep. Verla Insko, D-Orange, says it is government’s responsibility. The Alexander amendment fails with 21 voting yes, and 91 no.
Gibson has an amendment with concerns that the bill would nullify agreements with jurisdictions with water authority. He says it’s almost a property rights issue. Rep. Paul Stam says the subsection in the bill protects those argreements and the amendment is not needed. Gillespie asks him to withdraw his amendment, go ahead and let the bill pass and fix it in the Senate.
Gibson disagrees and says he feels strongly about cross-jurisdiction agreements. Faison says the amendment guts the bill, which has nothing to do with the agreements. Faison says those agreements would remain, and the amendment doesn’t do what Gibson professes to intend. Rep. Cary Allred, R-Alamance, says we need to put the language back in the bill that they put in 2007. The Gibson amendment fails, with 32 voting yes and 80 voting no.
Rep. Deborah Ross has an amendment to delete section one of the bill. She says “eminent threat” is not appropriate and a legal standard. Lewis supports it. The Ross amendment passes 106-2.
Rep. Faison adds “nothing herein shall be deemed to allter cross jurisdictional contracts.” The amendment passes 108-1.
On the bill itself, Rep. Lucy Allen says the bill is superficial and not needed.
The vote on the bill is 100-12. It passes third reading and goes to the Senate.
