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ADVOCACY SECTION 3.OTHER LEGISLATIVE INFORMATION ENVIRONMENT CONDEMNATION OF CONSERVATION EASEMENTS - S600, sponsored by Sen. Dan Clodfelter (Mecklenburg), as originally intro- duced would have required public condemners to demonstrate there is no "prudent and feasible alternative" to condemnation of property in a conservation easement in all cases, and a judge would determine. The Association worked with the bill sponsors and other interest- ed public groups to negotiate exceptions for such issues as water and sewer systems, greenways, and other situations in which the land can be restored closely to its original state. S600 was ratified July 30 and signed by the governor Aug. 8. PROMOTE MITIGATION BANKS - S755, sponsored by Sen. Clodfelter, as originally introduced would have required that com- pensatory mitigation for riparian buffer loss would have to be satisfied by participation in a private mitigation bank instead of the State's Eco-system Enhancement Program, unless an application could show that there was no private bank available. The NC Department of Transportation was exempted from this requirement; the NCACC successfully worked with the bill sponsor to get the same exemption for counties. S755 was ratified July 15 and signed by the governor July 24. WATER AND SEWER INFRASTRUCTURE - H945, the 2009 studies bill, creates a joint legislative study commission on water and wastewater infrastructure. The study commission includes as a member the Executive Director of the NCACC. Details of the study are in Sections 43.1 - 43.5 of the bill. The study commission is required to make an interim report during the 2010 Short Session and its final report in 2011. AMEND ELECTRONICS RECYCLING LAW - S877, sponsored by Sen. Don Vaughan (Guilford), originally sought technical changes to the existing laws related to the implementation of state computer recycling policies. During the course of the session, the Association entered into conversations with computer manufacturers and the Department of Environment and Natural Resources to substantially revise the program to help counties that may need assistance in establishing a computer recycling program. During the final days of the session tentative agreements were made on a framework that would collect registration fees from computer manufacturers and then those fees would be used as grants to counties to create a computer recycling program. Ultimately, legislation passed to extend the ef- fective date from Jan. 1, 2010, until July 1, 2010, giving time during the interim to finalize the details of the agreement. INTERGOVERNMENTAL RELATIONS EMINENT DOMAIN - H1268, sponsored by Rep. Dan Blue (Wake), recommended an amendment to the North Carolina Constitution by referendum that would prohibit a county from using eminent domain to take property and give it to another for economic development. Additionally, it would give property owners the authority to ask for trial by jury to determine compensation for land seized through eminent domain. H1268 did not pass this session but remains eligible during the 2010 Session. LOCAL GOVERNMENT TORT CLAIMS ACT - S1026, sponsored by Sen. Tony Rand (Cumberland), would have waived immunity for local governments in all cases (allows jury trial) and broadly redefined proprietary functions to widen services for which local gov- ernments can be held liable. This bill would have eliminated a county's ability to waive governmental immunity through the purchase of liability insurance. S1026 did not pass this session. OPEN GOVERNMENT ACT - H1134, introduced by Rep. Deborah Ross (Wake), was approved by the House on July 13 and re- mains pending in the Senate. The bill would do two things. It would amend the state's Public Records Law to make it easier for one who successfully compels disclosure of public records in a legal action to recover attorneys' fees if the plaintiff "substantially prevails" in the action. Attorneys' fees would not be awarded if the governmental body relied on an attorney general's opinion, a published opinion of an appellate court or a court order. Reliance on the governmental body's own attorney would not provide protection from assessment of attorneys' fees. The bill would also create an "open government unit' in the State Attorney General's Office, to be supported by fees, that would implement "education and awareness programs" relating to public records and open meetings laws, "serve as a moderator or me- diator in resolving public records and open meetings issues," "assemble and maintain a collection of relevant state laws, opinions, rules, and regulations related to public records and open meetings laws," and "adopt and develop policies and procedures as may be neces- sary to accomplish these functions." G-4 Page 144