An Advocate For Farmers And Private Property Rights
H65: North Carolina Farmers Freedom Protection Act seeks to protect North Carolina farmers from unnecessary federal regulations under the Tenth Amendment to the US Constitution when the products they produce remain within the borders our state.
Status: H65 was referred to the House Committee on Agriculture on Feb. 10, 2011.
H162: Exempt Small Ag Processing from Permit Req. protects small North Carolina farms from burdensome wastewater regulations and permits, so long as no animal waste is involved and there is no discharge into surface waters, such as rivers and lakes.
Status: H162 passed the House and Senate, and Gov. Perdue signed it into law on April 19, 2011 (Ch. SL 2011-41).
H975: Promote Local/Healthy Food seeks to decrease obesity among recipients of Supplemental Nutrition Assistance Program (SNAP) benefits and make fresh, locally grown produce available by increasing the acceptance of electronic benefits transfer (EBT) cards at Farmers Markets and Food Co-ops.
Status: H975 passed the House on June 18, 2012 and was sent to the Senate, where it was referred to the Committee on Health Care on June 19, 2012.
H168: Farms Exempt from City Annexation & ETJ protects North Carolina farms from forced annexation into any city or town and also protects such farms from regulation by any city or town under any extraterritorial jurisdiction (ETJ) powers that city or town may have (powers that have been described as “regulation without representation”).
Status: H168 passed the House and Senate, and Gov. Perdue signed it into law on June 27, 2011 (Ch. SL 2011-363).
H705: Repeal Private Drinking Water Well Testing seeks to protect private landowners building wells providing fewer than 100,000 gallons of water per day from the requirements and regulations of inspections and permits by local health departments, although landowners may still request such inspections under a voluntary basis.
Status: H705 was referred to the House Committee on Environment on April 7, 2011.
H1093: Agricultural Regulatory Reform seeks to provide regulatory relief for farmers. It would 1) add an additional agricultural representative to the Environmental Management Commission to review proposed regulations that could impact farming; 2) require that the Board of Agriculture receive notice of any proposed regulations that would directly affect farming and agriculture, and 3) specify that non-financial penalties or educational or training requirements can be issued by the Commissioner of Agriculture, Board of Agriculture, Pesticide Board, or Structural Pest Control Committee, at their discretion, instead of financial penalties for violations.
Status: H1093 passed the House on June 11, 2012 and was sent to the Senate, where it was referred to the Committee on Agriculture/Environment/Natural Resources on June 12, 2012.
H406: Voluntary Agriculture Districts gives North Carolina farmers more flexibility to enroll their property into valuable local voluntary agriculture districts that help provide visibility and some protection against nuisance lawsuits.
Status: H406 passed the House and Senate, and Governor Perdue signed it into law on June 23, 2011 (Ch. SL 2011-219).
H8 (= S37): Eminent Domain sought to amend the NC Constitution to prohibit the condemnation of private property except for a public use, and to require just compensation in all condemnation cases.
Status: H8 passed the House on April 28, 2011 and was sent to the Senate, where it was referred to the Committee on Judiciary I on May 2, 2011.
H195: ETJ/Clarify Definition of Bona Fide Farm seeks to protect North Carolina farms from regulation by any city or town under any extraterritorial jurisdiction (ETJ) powers that city or town may have and, in addition, seeks to protect such farms from forced annexation into any city or town.
Status: H195 was referred to the House Committee on Government on March 1, 2011.
H9: Involuntary Annexation Moratorium sought to put in place a moratorium so that no forced annexations could occur in North Carolina before a comprehensive reform of annexation laws could occur.
Status: H9 was referred to the House Committee on Judiciary on Jan. 27, 2011 and then re-referred to the House Committee on Transportation on May 4, 2011.
H92 (= S226): Repeal Land Transfer Tax repeals the local option land transfer tax. The tax had failed the required voter referendum 24 times in 22 counties since first being authorized in 2007.
Status: H92 passed the House and Senate, and Governor Perdue signed it into law on March 31, 2011 (Ch. SL 2011-18).
H594: Functionally Equivalent Wastewater Systems authorizes the Commission for Public Health to approve alternative sewage systems that are functionally equivalent to sewage systems already accepted by the Commission, resulting in the removal of onerous regulatory hurdles to development.
Status: H594 passed the House and Senate, and Governor Perdue signed it into law on June 23, 2011 (Ch. SL 2011-261).
H797 (=S622): Limit ETJ seeks to limit extraterritorial jurisdiction exercised by a municipality only to those activities considered to be “urban purposes.”
Status: H797 was referred to the House Committee on Environment on April 7, 2011.
H842: Immunity for Property Owners in Emergencies seeks to protect private property owners from liability relating to the use of their property by the state or a county, town, or city in an emergency management situation.
Status: H842 was referred to the House Committee on Judiciary – Subcommittee B on April 7, 2011.