North Carolina lawmakers OK bill blocking local government energy fuel prohibitions

RALEIGH, N.C. (AP) — The North Carolina General Assembly gave final approval Tuesday to legislation that would prohibit local governments from adopting ordinances preventing the expansion of certain energy services based on fuel type — one of two energy bills the legislature could wrap up this week.

The measure — which runs counter to efforts in some other states to curb natural gas use and move toward electricity — next goes to Gov. Roy Cooper's desk following a House vote of 74-36.

The Senate approved the measure last week after adding language that lays out a process to decommission future utility-scale solar energy projects once they permanently cease production. The requirements would be developed by state regulators and must include a method to pay to end the project and restore the site.

Cooper vetoed a bill in 2021 that addressed restrictions on county and city governments to block certain energy categories. He said at the time it wrongly undermined the state's transition to a clean energy economy and local authority. The affirmative vote margins for this year's bill suggest that another Cooper veto could be overridden.

The latest bill also bars local ordinances that would prohibit the purchase, sale or installation of an appliance like a stove, oven or heater.

Separately, the legislature appears to be nearing final approval of a bill that would increase punishments for intentionally damaging utility equipment.

The bill, which cleared a House committee on Tuesday, was a direct response to substation shootings in Moore County last December that cut power to tens of thousands of homes and businesses for days. Final votes could come as soon as Wednesday.

The proposal would make it a high-grade felony to purposefully damage or attempt to damage an energy facility, including those that transmit or distribute electricity or fuel, and any associated hardware, software or digital infrastructure. It would partially replace an existing state law that makes utility damage a misdemeanor without jail time on a first offense. The measure, which passed the Senate unanimously in March, also would permit anyone injured or whose property is damaged by a utility attack to sue for monetary damages.

The investigation into the Moore County attacks is ongoing, said Sen. Tom McInnis, a bill sponsor who represents the area.

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The story has been corrected to show that the House vote was 74-36, not 74-38.