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Electric vehicle industry, appointment power erosion triggers veto

(The Center Square) – Citing the electric vehicle industry he’s championed, and again unhappy with how lawmakers wish to comprise a supervisory panel, regulatory reform legislation has been vetoed by North Carolina Gov. Roy Cooper.

He made the move on Friday of the holiday weekend against a bill that had support of four Democrats in the Senate and 14 in the House of Representatives.

Coupled with a digital currency bill veto issued at the same time, Cooper’s vetoes this two-year session are now 26 – two shy of his 2017-18 record – and for his two-term tenure total 101.

Passage of a ballot referendum in 1995 enabled the governor to have veto power; North Carolina’s was the last in the country to be granted ability to veto. The General Assembly could override it with a three-fifths vote, meaning minimums of 30 in the Senate, 72 in the House.

In his message on 2024 Bldg.Code Regulatory Reform, Cooper wrote to lawmakers, “By limiting options for energy efficiency and electric vehicles, this legislation prevents North Carolina’s building code from adopting innovations in construction and mobility that save consumers money.”

He also complained that the legislation alters the building code council to exclude subject matter experts – such as architects, active fire service, a coastal expert, local government officials, and public at large membership – thereby “limiting the knowledge and practical experience of the body tasked with ensuring all buildings are safely designed.”

Passage was 34-10 in the Senate and 77-28 in the House of Representatives.

The legislation, filed as Senate Bill 166, reorganizes the Building Code Council and appointment authority for the state. Also included are regulations amendments related to development, construction contractors and design professionals. Environmental health regulations are also amended.

For the Building Code Council proposal, the 17 members all appointed by the governor would change to 13, with seven appointed by the governor and three each by the speaker of the House of Representatives and the president pro tempore of the Senate. Their areas of expertise also change.

There is language in the bill for the Electric Vehicle Supply Rule, as it relates to Article 220, Branch-Circuit Feeder, and Service Local Calculations, and Section 220.57, Electric Vehicle Supply Equipment Load, of the 2023 North Carolina Electrical Code.

North Carolina is an emerging home for alternative-fuel vehicle manufacturing.

The bill’s digest says, “Notwithstanding, these provisions, EVSE loads must not be required for the purpose of calculating loads for electrical feeder or service to dwellings subject to the North Carolina Residential Code (Residential Code). Requires the Council to adopt a rule consistent with the above. Defines council and code. Sunsets this provision when the permanent rules become effective.”

While this legislation had limited Democratic support, the Republican majorities in the two chambers are 45-for-45 when attempting to override a Cooper veto when there are three-fifths majorities in each chamber. However, Sen. Jim Perry, R-Lenoir, last week resigned after earlier saying he would not seek reelection.

In addition to his record for vetoes, Cooper owns the standard for them being overturned, too. After his 45 are 11 by former Gov. Bev Perdue, four by former Gov. Pat McCrory and one by former Gov. Mike Easley.

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