
Earlier this week, Governor Pat McCrory vetoed the Duke Energy coal ash bill that saw wide bipartisan support from the House and the Senate, as well as Duke Energy itself, and would have reformed the Coal Ash Management Commission, the Oil & Gas Commission, and the Mining Commission. According to an N&O report on Monday, McCrory โtold reporters that he knows the legislature will override his veto.โ
Thatโs not so sure anymore.
Rep. Chuck McGrady (R-Hendersonville), who supports the bill and helped create the Coal Ash Commission back in 2014, tweeted today that the vote that was supposed to take place was postponed.
When asked if McGradyโs tweet meant the override vote wouldnโt happen at all, McGradyโs office told INDY Week that he wasnโt sure what would happen to the bill.
A lawmaker who spoke to INDY Week confirms that the Senate isnโt taking it up โright now,โ although the lawmaker doesnโt know if that โmeans never, or if thatโs temporary.โ
Multiple sources say that rumors as to why the override vote has stalled includes concerns about the legality of the bill and whether or not it would face a challenge, embarrassing the governor in an election year, or using it as a bargaining chip with the House in budget negotiations.
Although the bill was approved with supermajorities in both houses and just one opposition vote in the Senate, the theory goes that the legislature may try to avoid another costly legal battle; in January, the North Carolina Supreme Court ruled that the legislatureโs creation of the commissions was unconstitutional. In March, McCrory shut down the Coal Ash Management Commission.
The legislator called the idea that the Senate was scared off โridiculous,โ however, โbecause we knew [there might be a challenge] going in.โ
SB 71 attempted to avoid a legal challenge by reducing the number of appointments to the commission from nine to seven and giving McCrory control of five appointments, while the General Assembly just gets two. In the bill that the Supreme Court struck down, the split was six to three in favor of the General Assembly.
This wasnโt enough for McCrory, apparently, as he vetoed it anyway. Now, the fate of the bill, and the commission, is once again up in the air.
Weโll update with more information as we receive it.


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