Senate seeks to bill DPI for lawsuit

Last November, the State Board of Education sued the state and the Rules Review Commission, arguing that the board's powers under the state constitution should exempt its policy decisions from administrative review. 

The legislature has already set aside funding to pay for outside counsel for legal challenges in addition to its standard representation by the state Attorney General's Office. Several such cases are ongoing. 

It also spells out how much the Department of Public Safety will get in industry fees from the Department of Environment and Natural Resources to fund the state's Coal Ash Management Commission. 

"Due to the timing of the Duke (Energy) receipts coming in, the commission will not have the money it needs to operate through the end of the year," Brown explained. "DENR has had a little bit of a problem allocating those dollars out to the commission."  

"It appears we’re having to manage the bureaucracy by legislation," commented Sen. Joel Ford, D-Mecklenburg. "Can you explain why?"

"I agree," answered Brown. "But sometimes you just have to make things clear, and that’s what this bill does."  

The proposal passed the committee unanimously and could be on the Senate floor Wednesday.