Dive Brief:

• Senate Bill 71, which would reestablish the North Carolina Coal Ash Commission, passed both chambers of the Legislature by a wide margin Tuesday and moved to Gov. Pat McCrory (R), South East Energy News reports. 
• Gov. McCrory has publicly said that he would veto the legislation, but the veto is expected to be overridden, the news outlet reports. McCrory earlier this year challenged the constitutionality of the commission in the state's Supreme Court, which led to the commission being abruptly shut down.   
• The bill's sponsor, Rep. Chuck McGrady (R-Henderson), said that the commission is necessary for reviewing the actions of the DEQ, as "a matter of trust." 

Dive Insight:

The North Carolina Coal Ash Commission, which is part of the Coal Ash Management Act, was created in 2014 following Duke Energy's coal ash spill into the Dan River, and was intended to provide oversight over DEQ operations aimed at closing the state's coal ash ponds. Gov. McCrory had challenged the constitutional legality of the commission earlier this year, arguing that it placed limits on his executive authority.

The bill directs Gov. McCrory, a former Duke Energy employee, to appoint the chair and four members to the seven-person commission with legislative approval within the first thirty days of the commission's existence. Each of the commissioners would serve four-year terms.

The legislation, which quickly passed the House, hit a snag in the Senate last month, and was sent to conference committee to reconcile differences. It later passed both legislative branches earlier this week. 

In addition to reviving the disbanded commission, the legislation would also require Duke Energy to pay for the installation of municipal water lines or filtration systems for more than 900 homes within the near vicinity of each of the company's coal ash basins, according to Southeast Energy News. Duke Energy is also mandated to submit proposals detailing ways to beneficially reuse 2.5 million tons of coal ash annually. 

The bill contains a contingency plan in case lawmakers fail to override the veto: The state's Environmental Management Commission would take over the commission's duties and responsibilities. Even so,  there is a possibility that this institution could also be disbanded.