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House | June 9, 2015 | Committee Room | Agriculture, Part 1

Full MP3 Audio File

Members of the committee ladies and gentlemen the sound system is temporally down, and so most it is recorded though but we have to be quit here at the room so that everybody can be heard. Welcome to the house committee on agriculture. we are going to take care of senate bill 514 we would like to recognize our sergeant at arm Young bay feel most [xx] and Jane Morgan, hopefully we wont have to use any bullet today if we do aim at senator Jackson we like to welcome our [xx] this afternoon, we have Chris Bolton, my representative Shepher supreme app-roar from Micheal Bird representative Doctry, Jack Brown Four sized County representative Conrad. Jaylen Cole from Lake County, representative Hollie. Spencer Mark from Wake county Representative Robson and Levi Marklacken[sp?] from Heywood representative presmall[sp?] hopefully everybody will be able to hear today, we have this room according to our rule we have to be through with here 15 minutes before session, and so that will be at 1:45 we do have a great desire to vote on this bill today. We want all the discussion that is necessary, we will vote on this bill today if we run short of time we will recess and reconvene after session, so that's up to the the committee, and the folks who will be discussing the bill, but we will eventually vote on this bill today. Hopefully we can vote the time limit and everybody have the amount of time that they need for discussion. Senator Jackson you're recognized to explain the bill, I might say at this point it is a proposed committee substitute, correct? You have a motion for the, so moved. I will say that I'm somewhat familiar with the process that has taken place in the formation of this bill, I want to commend Senator Jackson, Senator Brock, their staff as well as the legislative staff for the tremendous effort and energy they put into this bill. I know the hard work and dedication that's gone into it, and I think that would become evident as we begin to discuss this bill. There are a few people from the audience that will like a couple of minutes to speak, my intentions are to have the explanation of the bill receive questions from the committee and then have the folks who have requested time to speak at that time and then we will vote on the bill. Senator Jackson and senator Brock. Thank you Mr. Chairman and members of the committee. I appreciate the opportunity to be here before you today and chairman Dickson I would like to say that it won't be the first time I've been shot at, so I've been shot at before survived so far but it's good to be back before you all again this year with another format, this will be our third one, in the last three years this is senate bill 513, the propose committee substitute and I'm going to start with section one, I will run through the bill and I appreciate Senator Broker Cosmart form this with me and was sort of tag tame this thing and go forth and again that's all locked to reign rate the chairman's comments earlier for our personal staffs in our offices as well as our fiscal staff here has done an outstanding job in helping us put this bill together. So I'll be going through it fairly rapidly and I'll be glad to entertain any questions at the end of this presentation, Mr. Chairman. Section number one revises the Horse Industry Promotion Act, this is a request from the horse council. It does two things, it increases the cap of the amount of the assessment that can be levied on horse feed from 2- to $4. It increases the duration of the assessment from 3 years to 10 years. This is a totally voluntary program you can receive your money back, it's 100% refundable should you decide not to participate in this program. Section number two is conform H28[sp?] withholding the federal standards. This mirrors federal law by exempting labor paid to it age to aid[sp?]

workers promote income tax withholding. Our North Carolina Department of Revenue has seen and has approved this language, and actually helped us write the current language you see before you. Section number three establishes a policy of supporting sustainable agriculture there is all grade of talk in the world of food o sustainability and we thought it best that we as North Carolinians and as a other cultural folks we try to have input in the sustainability means and so what we have done, and I would like to read that from the bill. The general assembly hereby finds, and requires it shall be the policy of this state to support and promote the sustainable agriculture for the purposes for this section, sustainable agriculture means the use of science based agricultural practices, technology, or biological systems supported by research, or otherwise demonstrated to read the blog outcome based upon improvement including such critical outcomes as increasing agriculture productivity and improving human health through access to safe, nutritious, affordable food, and other agricultural products, and I will stop with the and you can read the rest of it, but I think this is order statement as we move forward in front of the farm exactly what sustainability means, because when you build it right down sustainability means a lot things to different people, but I have to use the saying that my son at the farm always tells me while we be working on this issue for 10 or 12 years now. He keeps saying the first thing you need to build to sustainability or to be sustainable is you got to make profit I say, we value this with good basic is about our attention and our fall is intentions of this. Section number four matter of person result being copromier[sp] time for basic, will basically reduce in the number of hour days from six to three that you can have work agreement when we miss all the other requirements we stay how H4 is farm with this, we can also move acquirement send is now as in most of our states in the South East, section number five allies also our friends have a source[sp] station of hyper hills basically this is matter of fitting two hay bale side by side, and as long as you meet all those criteria of displaying a red flag or a flashing [xx] on both the rear and front ends, and the flags allowed shall be attached to the equipment as visible from both directions and all terms for being operator for public coverage for now less than 300 page[sp] and I mean if you don't land yourself have 300 page to the [xx] [xx] work in the hand and the average cost with time this section of the bill is well. ection number six, I mean a lot of senate requirements [xx] cost of vehicles, clearly underline general statute are use for based acquiring requirement in Zimbabwe the farm equipment apparatus is how American presume to be evolved and reason being is basic[sp] requirement is provided in highway where current statues are written, he is at fault. So what we have intended to do with the cooperation of The Highway Patrol, and they're fine with this, we are actually putting in measure, were if a rode, a piece of equipment is 14 foot wide and your highway including the shoulder is only 12 foot wide, that means you we've got 2 feet lay off the center. And so what we've done is the Patrol man when he reaches the scene of the accident, he can take out his measuring wheel, and he can measure piece of equipment, he can measure the highway and the [xx], and if there is not enough width there it gives the operator the right for that patrol man to take a step back and see exactly what happened. If the vehicle operator was driving too fast or if it was [xx] operators problem, but at least this gives the [xx] operator a [xx] chance to have done things right. Section number 7 increases the speed [xx] spreader vehicles and clarifies exemptions. This provision will do three things it will change the speed limit from 35 to 45 mph, for agriculture spreaders. This speed limit was set many years ago, but with today's technology, most these vehicles they are running 40-45 mph, and it's been our experience on the farm folks will stay behind a piece of equipment running 35 miles an hour a lot longer than would a piece running 35 mph, so what we're trying to do is just conform to the new technologies. It also adds speed to the definition to vehicles for, or to the account for vehicles that are used to distribute feed and livestock operations and we

basically some farmers have modified trucks that are used to spread animal feed at large livestock operations and these vehicle meet the definition of spread a truck and so what we are doing their in the highway patrol was OK with this as well. Section eight will allow HEV and utility vehicles for use on argyle in public roads the highway patrols are OK with that, section nine is to clarify road weight limit exceptions for transportation of back products when we visited last year we left out dairy now that's been added OK with that section 10, if the notice requirement for Meteorological towers, this towers can go up very quickly and with out some type of database that we are trying to set up here that those ariel applicators they can really show up within a day and have a 200 foot tower infront of them in a firm which they don't know about and then they are trying to move those spreaders that are literally tanks in the sky they don't move that quick inside to side and they we had a person killed out in the mid west this just allow a top database so we can find out where this things are so our guys don't run in into him and pals don't run into him section 11. Senator Brock. Yes they have the portable system via they said it will just take a second or two to do this test one, two I'm glad I don't have to be behind that other one I'll feel like Bob Rucho. Section 11, someone actually called me Senator Rucho the other day, I've never been so insulted in my life. They, I don't even sound like the guy, section 11 will allow shellfish cultivation of submerged products vegetation currently the army core of engineer Wilmington is prohibiting this, but it is allowed in Chesterfield, and you see where they take a shellfish up in Virginia compared to North Carolina this is substantial market for our fishermen in North Carolina will be a great addition. Section number 12 is present used barrier modification and basically what we've found is that across the 100 counties in North Carolina present use barrier is not being implemented uniformly, and that's what we're trying to address here. We're also including the word to make it for horse farms because we really thought horse farms were the PUB whether war is there against some describances where is not being applied in some areas and so basically what we've done is we've actually define the definition and feed horse firms in there, we also require the county assessor to presume atheneity which eligible for PUB in one county is eligible for PUB in that county but however we have given the assessor the the adjourning county that he rebirth the bresection, but the battle has no barrier on the enity PUB status, in his home county. We require also that the URL publish a PUB guard annually and mandates the counties accessors comply with that guard for making PUB eligibility determine nations. Section number 13 is termination of conservation eastments when a land owner chooses to put a perminent ease in it on a piece of property we want it to mean permanent. I think a lot of us know what permanent means, but we've had some instance where that has not been the case and we're trying this language, this legislation will prohibit the council estate from approving the termination of a state held permanent conservation easement for economic development. This process will not interfere with property condemnation via internet domain, and this only applies to permanent easements and easements terminated or substantially modified before their term expires and only if the easement is subject to the council of state's approval for termination or substantial modification. And the PCS basically removed unnecessary and conforming changes that were overlooked when we were doing this in the Senate. Section number 14, probably one of the most talked about provisions in this powermat[sp?] of 2015, is the transfer of the Captive Cervid Programs to the Department of Agriculture. This section of the bill transfers the authority for regulation of the cervid deer farming from Wildlife Resources Commission to Department of Ag. This language is, as I said on the Senate floor, when Bill passed. This language has been a result of a great deal of discussion among the various stakeholders and represents a

consensus between department of egg, wildlife resources and the deer farming industry and I believe my words on the Senate was, we had looked at this a long, long, long, long time. So this is been a very long process on working on this I have worked on this on at-least two years and I know some who have worked on in longer than that but what we have ended at is a joint agreement to the wildlife the department of agric and the due farming industry to do what we believe will be a new industry in North North Carolina there will be no importation of any of any other suspected captain herbs will be around until rater while as AVD taste is developed while for retaining exclusive authority to regulate non forms specifically prohibits [xx] turning on certain forms the public code is not involved in this transfer and only servants that were born and raised in captivity and sort of hard life are affected by this transfer enforcement will be handled jointly by the department of agriculture and wildlife resources and we will handle the farm inspection while the wildlife will monitor and inspect animals in transport. Department of acts animal disease amendment ability has been repeatedly proven most recently with his works through PED and we hope we never have to see it with AVON fluids that just came into his way section number 15, alternative disposal bag plastic it was a PCS and part of this is part of the PCS and I'll get to that in just a moment. but this provision will allow farmers and alternative methods of disposing available agriculture plastic this language is based on a Florida where burning act plastic is permitted, excuse me if denting the course of agriculture or agricultural operations. This bill will allow polyphen agriculture plastics to be disposed off by are burning when the following conditions are made. It is done in connection with normal horticultural operations and this is what we changed in the PCS letters before it does not, we sort of had it. It does not violent federal or state [xx] air quality, it's conducted between one hour after sunrise and one hour before sunset it does not create a public nuisance and it compiles to the setbacks, hazards, restrictions I know the regulations set forth and open burning statues, and also the burning is either conducted either with a piece of equipment professionally manufactured for insulation, in closed in a noncombustible container or constrained to pile [xx] has seen this language, the previous language [xx] trying to do and still allows an alternative method of disposing [xx] plastics [xx] section number six  definition of new animal waste system. This language will permanently exist in [xx] farms from [xx] standard in [xx] 143215.101 [xx] for 4 years have their permits [xx] to gain that permit is reduced to zero which means they can't put [xx] back in those facilities. This provision will allow them to apply for [xx] to exist in permits of vacant farms without having to meet the performance standards and I will basically no one so far no one years ago with this moratorium. So this will just allow the [xx] farms and I think there's 21 in the state. Is that correct? We don't know the exact number [xx] there's probably Okay there would be. There's 2100 [xx]. That's right that it will allow these [xx] facilities reuse it. Section 17 directs the division of marine fisheries and wildoff resources nations to develop a pilot American euro plan and basically this will be a pilot project, the Palate plan will require the approval of the Atlantic Palate states Marines Fisheries Commission and the PCS basically removed from the original language that came over

from the Senate that direct in the DMA to issue a permit for glass Ohio harvesting regardless of the decision reached by the Marine's Fishery in the Atlantic coast Marine Fishery Commission, so basically we take that part out and if they do not approve it, it can be done, and if those aby [xx] don't know anything about glass Ohio idea six weeks ago, so you can google it, apparently it's a very profitable business you can do it right, and it's being done to my knowledge in North Carolina and Maine, so what we're trying to do is establish a market here in North Carolina Section 18 is mining permit changes this specially came about because I had a constituent I was trying to move play from one of these farms to another farm to put a pad in for a key facility and found out he had to have in theory a mining permit and basically really he did and in his interpretation of how the inspector at the time was thinking of these things, so what we have done is, we have clarified and exceeded agriculture if you move in sole from one operation to another you don't need a man informant to move your own sole, section the holding and advertising food for unclaimed livestock, this is the funniest one we've had to do, currently an individual who chances on the last run it at large have inserted call the ownership and who in penalty allows that way 50 days the sale allows docket to candidate, they are after the tip, to uncate[sp] their owner, and comply with the notification requires which means nail it on their front door, and salaries consist with written and anything in 1974 so we find like we are doing maybe a little void so we [xx] little bit basically what we have been we have shown those yesterday in 13 days and if the owner cannot be found in that time for you and all documentation and the year for the be nullified for ever the act is re posted and then they can sell the animal and take the place leads the share of [xx] can do that section 45 modifies the following background of reporting requirements this part does two things is removes the reporting requirement for data stabalization this program was never offended and it was never report so we've removed that it changes the reporting dates for the speed and neutral program to actually give that for a little good time to make sure it did record over have been retirely because currently way it was only a couple of days between them and the program year and the time the report was done was basically just extended in a few days to give them a chance to do it. Section 21 describes button modification allows North Carolina they said for scrap button specification from other states and this intend to encourage users to subscribe betting as they run management tool section 22 modifies penalty for federal regard file by a watchman, this provision allows a penalty for federal regard file for a from a crysti[sp?] [xx] to an infraction it takes out a minimum fine of 10 dollars this was in request of [xx] to have an alternative to charge someone with the masked man when they failed to the [xx] to fire. There are various other criminal charges related to neglegely setting the foul carrying more serious penalties. This provision does not affect suitable or criminal reability in cases of [xx] is out of hand and actually it damages property or harms a person they didn't want section 23 [xx] permit establish of the new classification of watery of farm watery which is distinguished by the fact the reproducers were using 75% or more [xx] product or this is there this [xx] produces atleast 10000 gallons of wine using [xx] of a grown products the get licence and can sell at 3 retail location can stop and start wondering and then can fix it when you come in the following morning and instead of becoming more wondering you start becoming more we better know the name of this name project product we just want to make sure will have the labeled on it well and I can't get free samples of the product without getting additional limited warranty permit section 24 is limit of disclosure of personal information in animal testing this protective company charity animal zonners personal information collected by [xx] generated by sample pronounces further owners. This conforms to federal law of technic confidentiality information generated by federal agencies that has confidential on federal law and this will allow the [xx] slammed with free  information requestion

all sells on a dollars and ultimately frivolous, and so they conform to Federal law that part section 25 or10 of the correction transferring afforestry law enforcement off search from diner to department of [xx] to ensure that the personnel contained received the appropriate benefits. In section 26 is the severability and effect of a date section where ready for questions.  Thank you so much. Members of the committee I'm going to follow this procedure when you recognize for question or a comment. If you have a question or a comment, that account us too, so you make a comment, the question and then I'm not going to give you a third until other people have first and second opportunity. Representative Vegas. Well this glowing sense of briefing to spend a little [xx] Senator Georgeson, yes sir they should. Follow up. Follow up [xx] are we accepting amendments at this time the representative is recognized to simple with the amendment all the copies spread per volume. It's all I have gotten. Representative as suspend get copies where we want and there we're representative Collins. Just say two questions that deline the quite session two and three, my question on number two is, I geus to get the question coming, question number two is probably we don't want to correct income taxes from people who are earning money in North Carolina, we collected from all of our citizens that earn money here in North Carolina and I guess my comment on number three is I guess my question is that section really neccesary? I looked at two parts in particular that kind of trouble me a little bit. Lines 17 and 18, the words are great while enhancing agriculture and surrounding environmental conditions to the stewardship of restore layer quality by reversing wildlife [xx]. Probably nobody does anything better than farmers, but government entities and especially government Bureaucrats tend to really they at least have in the past really abused terms like that, and then the part that really bothers me, lines 21 and 22 while advancing progress towards environmental, social and economic goals. I have no idea what social goals government may purport to be advancing in the future and I I have no idea what that has to do with agriculture. Senator Jackson. Thank you Mr. Chairman to first question representative Collins, which I appreciate your question that's a good question and it's a valid question. Currently these are the federal issues because currently under U. S DA along with U. S DA rail, is that the H2A work for program was formed and basically under that program you're not required to withhold one dam of anything from the cheque. If if my drink machine cost me a dollar they better cost him a dollar. I can't charge them for anything, we provide workers count for them. We pay them they work great which currently is $10 and something an hour and according to the way the program is always been administered, there have never been any taxes taken out, and neither are they eligible for any benefits, so that's a give and take there, they're not eligible for any benefits, nor is there anything being taken out as they're all here with valid passports and [xx] visas and basically the contract runs, it can run as long as nine months but sometimes it's less than that. So what all of this is doing is conforming to what the federal law, they do not require any witholding because of this agreement and that's what we're trying to do is get the state to follow that [xx] Members I will remind you that even though the PA system is not working, when you do have a question or comment keep your green button engaged because that allows them to record that. And then to follow I don't know if that answered your question on that on that representative Collins, but I'm trying on the part of sustainability call you asked the question environmental, social and economical goals. This is a very hot and contested issue

going across the nation now and so we feel like it was in the best interest of North North Carolina agriculture that we establish scientific based information and a statement to fit in here that would try and look after everybody's interests whether it's the half acre [xx] grower or is thousand acre [xx] that this is a pretty much catch all that would promote agriculture and try and feed the world that we are trying feed 2050. Mr. Chairman. Part of the questions or comments? Representative Yaboh. So on the dear farming you state we are not going to be importing any dear from out of the state in order to protect from wasting disease.  Sir there will be none until I last see derby test has been developed which has not come to being yet there will be no transportation into this.  Follow up. Representative Crevlene Mr. Chairman.  Concerning the compensation part according to the bill analysis they are oppose to if the individual has paid over $600 in their work time they are supposed to take wages taxes from them and if they don't a so security number their tax identification number they have to take 28%. That is what was written for the majority, but they used to ways do not qualifying to that condition by the staff federal laws they do have a so security number now they originally did not have so security number didn't even have an attend them and a few years ago they had to give ATN  numbers still no tax were withheld, and then they were given I saw a security number with no taxes withheld as is current written. Follow up. I think we need some clarification from staff, and the way this is written it indicates the taxes should be withheld. Not subject to federal income tax and so if the compensation is subject to withholding for example let say they fail to provide the social security number. My understanding is that the withholding requirement will still apply Senator Jackson I would like to respond again. What he is saying is if Federal law does not require you to withhold that apply here but if it does in some cases it would require you to withhold, those are the conditions that will have to be made and in this case [xx] you're not required to have withholders Representative [xx] that if favorable this will have [xx] Thank you, follow up last follow up  Will the sponsors have any problem with removing the word social on live 21?    senator [xx] Mr chairman I had lather not change this because I think social is a balance in here the two in the small growwards[sp?] and the large growards[sp?] I think the social part of this is the balance is my thought process on it representative Dotrin[sp?] thank you Mr chairman am not in support of burning plastic does this have something to do with farming under plastic is that what they are for and a lot of farmers now have numbers of large amounts produce under plastic is that what this is for all? Senator Jackson  thank you Mr chairman, representative Dotrin[sp?] yes pertaining your question and this is the 5b and our problem across this part of United States because curentlry there is facilities to be honest with you when you take up this recycles will this plastics be washed and be cleaned and this makes total be totally uneconomical to do that so what you're having is you're actually taking this plastic to the land fields and when you take these plastic you're taking your soul with it, they charge is about a pound to take it, so you're actually paying them to take your soul so what you seeing happening

in these cases is not been allowed to burn it in a proffesional manner or it causes no harm to the environment what you see is happening is the fields and what we call upon is just being filled up with this plastic so this is evidence there is a lot of resource being done is there's millions of dollars spent on restocking this and trying to figure a batter way of doing Follow up, other questions about the ballen? Thank you Mr. Chair about the plastics, so someone can burn in eight foot ball of plastic everyday as long as they keep it in that size range or are the limit or how mush a farm can dispose off that way.  Thank you Mr. Chair Representative Holley, to answer your question the short answer is yes, that you would not see that because this would only be done in the Fall of the year when folks are retrieving their plastics, so it wouldn't be an everyday occurrence. Follow up, Representative Ager. It is my understanding that there is going to be a DENA representative here to speak on Section 14, the cervid, I just want to make sure that they're able to speak. Representative Brisson. Thank you Mr. Chair. [xx] Representative Brisson, if you'd be kind enough to hold your button down, it's not, its not, they're recording it, but it's not over the PA system. Fine, thank you. My question would be in Section 14 and I know you said we done a long long study and this thing has been meaning full the eight years I have been up here in the legislator, so and I was a little concerned while in 2002 the North Carolina general assembly put the dear opinion in the farming and help farming under wildlife it would take that out from under wildlife and then putting it under agriculture I was just wondering that long, long, long study if we if they would negligible or deficiency affected or cost effective why are we I know they been funded everything we asked them to do, we had to extra funds why would we be shifting while we already got that program funded they have got the personnel to handle that if they've not being doing their job or can we do it cheaper under agriculture are we saving money and how does, I'm trying to understand why we have taken up for months the resources that are already pounded and you get over to no fun no personally, no way to enforce it committee policy had to come out with rules of whatever why we are doing all of this change wasn't working we are beginning with the wildlife commission within not doing that job is that the decision where.  Senator Jackson. Thank you Mr. Chairman and Representative Braisen I want to say that is wasn't but this is a collaboration and this for that it is better because I believe with this DVD that will probably is a actually going to come here, there is no department in this state that is or even a mapping in this nation which I'm very pretty is in the department of arg that more equipped to handle this because the Department of Ag currently handles with their veterinarian services and the numerous veterinarians they have already on staff which Wildlife does not have, that they are going to be better equipped and then working in conjunction with Wildlife I think it's going to make even a better program and it will allow at the point and time this CWD life test is being developed, that this could be a growing industry and a totally new industry for North Carolina. So I see it as a collaboration of an improvement and not necessarily trying to correct the deficiency, but more of a uniform way because currently the Department of Agriculture regulates every piece of meat or livestock that is involved in North Carolina, they've got their hands in it and

with their expertise and their veterinarian services, this to me will just only make this program better. And I think you're going to see as far as law enforcement, Wildlife is still going to be doing the majority of law enforcement. So it's a very good collaboration that I feel like both divisions are willingly and half willingly sit down and work this out and I think it's going to make them both better. Follow up. How the new senator do palm of agriculture and they always we have done a good job with poultry, hugs  and turkeys whatever, with the meats but we've never gotten involved in wild game meat production. So we're [xx] up moving towards a new business of meat say also, I still don't know how and why we would take it out from under while I have commissioned I don't think that's a very good excuse, when they've done a good job we've had no reports of no disease coming in, or what so obviously they've done a pretty good job more than probably we could ask for that [xx] yet but while we shifted over, the only thing that I can see once we shifted over and a disease occurs if it is under agriculture he protects the owners more so of not having the reliability of disease or take care of the animals or whatever because on agriculture is protect and we would have to pick up that tap and dispose of all the the terms are whatever becomes big liability overtaken a big liability under agriculture that it does not on wildlife so we are moving into a certain a big door. Senator Jackson if you would hold your response to that. I need to respond to that Mr. Chairman if I may just quickly. Go ahead. Thank Mr. Chairman. Representative Brison my friend this doesn't have anything thing to do with due outside this fence this is to mean, there no job in the new raise an aprouse steer, for price big inside your own fan you can do what you want to with that thing I mean that animal. This is a totally new industry has nothing to do with any livestock such as deer, the wild deer we call it has no ballen on that those are totally even though they are the same animals are too totally different animals one is wild animal and the other one is pane raised that's the difference. Members of the committee I currently have representative ward who wants to speak for the first time, I have representative Clivlein who has got the floor for the second time. This committee stands in recess into 15 minutes after session. Thank you.