February's Preview

From the Office of Representative Larry D. Hall

February 14, 2008

North Carolinians are becoming increasingly aware of the dangers of global warming. We are currently experiencing the worst drought on record in our state, and many scientists believe it has been exasperated by climate change. Legislators share your concerns and are working hard to come up with solutions to problems caused by global climate change. The Legislative Commission on Global Climate Change met recently to discuss the effects of climate change and what North Carolina needs to do to prevent the catastrophic effects of global warming. I want you to have this information about the report so you can follow the issues and help with development of our solutions.

The Intergovernmental Panel on Climate Change

Commission heard a summary of the most recent report from the Intergovernmental Panel on Climate Change (IPCC), which is made up of 2,500 scientists from countries around the world. The IPCC reviews published and peer-reviewed literature focused on climate change and publishes a report as a consensus on the issue. In 2007, the IPCC shared the prestigious Nobel Peace Prize with former Vice President Al Gore.

The IPCC's Fourth Assessment Report

Last year, the IPCC released its Fourth Assessment Report. According to this report, global warming is taking place and is caused by increased greenhouse gas concentrations in the atmosphere. Greenhouse gas emissions have increased 70 percent in the past 35 years. Worldwide temperature has increased by 1.35'F in the past century and is expected to increase 2-11'F in the 21st century.

Environmental Changes

During the next century, sea levels will probably rise 7-23 inches and we will have extreme high tides, heavy precipitation and more intense hurricanes more often. As carbon dioxide emissions increase, the ocean warms and loses its ability to sequester carbon, which could take centuries to reverse. Coastal states such as North Carolina (with more than 4,500 miles of coastal shoreline) are at greater risk of storm surge and coastal erosion. North Carolina is third on the list of vulnerability to rising sea levels, behind Florida and Louisiana. Many coastal geologists predict that much of our Outer Banks could be under water within a generation.

At the same time, we could have increased heat waves and drought. Higher percentages of our rainfall would come in shorter periods of time. Increased carbon dioxide is also making the oceans more acidic, which harms marine life.

North American wood and timber producers could lose $1 billion to $2 billion a year due to increased wildfires, insect infestation and diseases. Our state's Christmas tree industry could be wiped out along with other crops that are accustomed to our current climate.

Health Issues

With a decrease in the number of cold days and nights, plant and animal pests would increase, leading to disease and food shortages. Global warming has already contributed to an increase in and the spread of diseases and premature deaths. North Carolina could experience outbreaks of malaria and dengue fever. In the middle of the 21st Century, more than 1 billion people will experience water and food shortages and may have to relocate to survive, including tens of millions of Americans.

What Can We Do?

We have many options that can change the effects of global warming. Using renewable energy sources and fuel efficient/hybrid vehicles are easy ways to start. We can also use green building methods and solar-powered heating and cooling systems. We should also restore soils that can store carbon, use better agriculture techniques to reduce methane gases, use crops as alternative fuels and compost organic waste. We will also need to adapt to the fact that sea level rise and climate change are happening. We will need to adopt better coastal management practices as well help farmers adjust to new crops.

This session, North Carolina became the first state in the Southeast to set a renewable energy standard for power companies. We passed laws to reduce energy consumption, promote the use of alternative energy sources and biodiesel fuel, and strengthened regulations for the construction of landfills. We also banned the construction of new hog lagoons and increased the maximum penalty for air quality violations

The Legislative Commission on Global Climate Change is considering policy recommendations for the General Assembly. Some of these include setting a cap for carbon emissions, establishing a cap and trade system for carbon emissions, developing a market for carbon offsets that could help our farmers and adopting cleaner car standards as 11 other states have done. The commission is also considering developing more renewable energy opportunities such as offshore wind and wave energy along with other policies. The commission will make formal recommendation to the Legislature in May.

In February, Rajendra K. Pachauri, the Nobel Prize winning chairman of the IPCC will address members of the commission and offer suggestions on other policies North Carolina should consider to maintain our quality of life.

As legislators, my colleagues and I are public servants dedicated to representing North Carolinians in the General Assembly. We are proud of our efforts to help and protect those who need it the most. This session we appropriated funds and created laws to help people with mental health, developmental disabilities and substance abuse problems. Our budget includes more than $711 million for mental health support. We also passed a bill for mental health parity and improved standards for homebound instruction for children with disabilities. There are several efforts across the state to improve our services and facilities for those with developmental disabilities and a history of substance abuse. I want to update you on the work of the oversight committee that deals most directly with these issues and also point out some of the good work we did in this area during this past session.

The Joint Legislative Oversight Committee, Developmental Disabilities, and Substance Abuse - This committee recently met to discuss ways we can improve the lives of people affected by these conditions in our state. The committee received an update on the state's psychiatric hospitals, Community Support Service and the external groups appointed by Secretary Dempsey Benton of the state Department of Health and Human Services to work on key issues. One group will focus on construction and operational questions at the new Central Regional Hospital. Another group will work with state hospital directors to examine the standardization of policies and processes associated with patient treatment, facility safety and levels of services. The third group will analyze the implementation of the state Crisis Service System.

The committee also received an update on how the money appropriated last year for crisis services and facilities was spent.

The Division of Mental Health, Developmental Disabilities and Substance Abuse Services has several ongoing construction projects, including Central Regional Hospital, a Detox Unit at Julian F. Keith Alcohol and Drug Abuse Treatment Center, and another Detox Unit at the R. J. Blackley Alcohol and Drug Abuse Treatment Center.

Legislation - A new law (HB 627) strengthens the Mental Health, Developmental Disabilities, and Substance Abuse Services System by clarifying the functions of local management entities and the rule making authority of the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services.

Mental Health Parity

My colleagues and I passed a new law (HB 973) that provides insurance parity to people who receive mental health services. Mental health parity has been debated in the legislature for 15 years and we are proud we can finally do more to help mental health patients get the treatment they need. Under the new law, insurance companies are required to cover bipolar disorder, major depressive disorder, obsessive compulsive disorder, post-traumatic stress disorder, anorexia nervosa, bulimia, and three other mental illnesses the same way they treat and cover physical illnesses. All other mental health conditions must be covered for up to 30 inpatient/outpatient days and 30 office visits.

Housing

A new law directs the Department of Health and Human Services to study rules and regulations for housing patients with mental illnesses in the same areas as patients without mental illnesses. The law (SB 164) also directs the department to develop staff training requirements for direct care workers working with mentally ill patients in adult care homes.

Homebound Instruction

My colleagues and I passed a law (HB 14) to help disabled students. Local school districts can assign a student to be home schooled if the student's IEP team finds homebound instruction to be the least restrictive alternative environment for the student. The IEP team will determine the type of instruction the student should receive and will evaluate the appropriateness of the methods used monthly.

Services

The Department of Health and Human Services will develop a graduated co-payment fee schedule to be used by local management entities and contractual provider agencies when determining the amount a client can pay out of pocket for services. The new law (HB 628) states that services with the co-payment will be available to families with an income 300 percent or greater of the family poverty level.

Facilities

Legislators passed a law (HB 625) to more appropriately identify our state institutions as psychiatric hospitals, developmental centers, alcohol and drug treatment centers and residential programs for children. It also renames the special care centers that care for elderly mental health patients as neuro-medical treatment centers.

Community Events:

We authorized the Secretary of the Department of Health and Human Services to suspend admissions to health care facilities that are considered dangerous to the health and safety of patients. Under the new law (HB 772) the facility can contest the decision within 20 days after the department mails the notice. The department must also provide consultation to assist the facility in correcting health and safety issues. This law also allows the Division of Health Service Regulation to waive rules pertaining to hospitals during emergencies. It also allows private entities to do the required state criminal background check for potential mental health facility employees.

A new law (HB 554) increases the penalty for assaulting a patient in a health care facility. It is now a Class H felony to assault a resident of a residential or health care facility if the assault shows a pattern of behavior that is negligent or causes bodily injury to the resident. Another law (HB 1294) prohibits smoking in long term care facilities.

State Funding

We appropriated $426,600 to provide mental health services for returning veterans. The money will be used to expand the North Carolina Health Information Portal, provide for a health program manager position and to train care providers to deal with the mental health and substance abuse needs of returning vets.

Our budget also includes $1.4 million to provide for 14 drug treatment court positions. This money will replace expiring federal and county grant funds for positions in drug treatment courts in nine districts and a state level drug treatment court administrative position.

We set aside $239,800 to treat drug and alcohol addiction. This funding will be used to provide 10 more contract beds to house chemically dependent male inmates who are undergoing intensive treatment for drug and alcohol abuse and addiction.

Thank you for allowing me to share this information with you. Your concerns and your proposed solutions to these challenges are very important to me. As always please share any suggestions you may have on these and other topics.

Larry D. Hall

Please remember that you can listen to each day's committee meetings and press conferences on the General Assembly's Web site at http://www.ncleg.net. Once on the site, select "audio," and then make your selection - Appropriations Committee Room or Press Conference Room. You can also use the website to look up bills, view lawmaker biographies and access other information.