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Senate | July 1, 2015 | Chamber | Senate Session

Full MP3 Audio File

Senate will come to order. Sergeant at Arms close the doors as members are going to their seats. Members and guests in the gallery, please take this time to silence all your electronic devices. Leading the Senate in prayer is the Reverend Peter Miller Senate Chaplain, all members and guests in the gallery will please stand. Let's bow our heads and pray. Heavenly father, you're the giver of life and the giver of health. And so as its day we especially comes to you on behalf of one that is sick, on behalf of Kevin [xx] a man serve this body so well for so many years, and he's battle of brain cancer, we'd ask you to bring him healing and for a multitude of others here, we lift them up to you. Our Lord, comfort and relieve your sick servants, give your power of healing to those who minister to their needs. That those for whom our prayers are offered may be strengthened in their weakness and have confidence in your loving care. And it's through Jesus Christ name that we play Amen. Amen. Senator Burger is recognized for a motion. Thank you Mr. President the journal of Tuesday June 30th 2015 is being examined and found to be correct I move we dispense with the reading e journal and that it stands approved is written Without objection the journal for June the 30th stands approved as written. Leaves of absence are granted today to Senator [xx] and senator Meredith. Our nurse today [xx] from [xx] North Carolina, Ms [xx] please stand and thank you for serving the Senate today. Senator Soucek for what purpose do you rise? To send forth a senatorial statement out of order. Senator you can send forward your statement out of the order, out of order and you have the floor senator. Thank you, Mr. President members of the Senate I rise to congratulate the North Carolina Ultimate Flying Disc club, named Boneyard for winning the 2014 world championships.  We have him in the gallery today and this is a sport that I have to admit I'm outing myself a little bit today because what I do as an escape during my five years here is, I find ultimate games around the city and I've been playing around in the evenings for the little stress relief, a little bit of anonymous stress relief and so when I saw a member of my district and members from around the state or in headquarters here in Raleigh win something as high as that world championship I thought I would recognize him.  I think achievement and excellence at any level regardless for the arena is significant and to give you a small picture of the sport and the size of this USA opened its society and has 45, 000 members in this World Championship and 160 teams from around the world including 4, 000 athletes and they beat a team from Canada in the World Championship Championships in Italy and a lot of you think ultimate freezing might be a couple of college guys throwing freeze bees on the beach but that the beauty of the sport you will see it in backyard techniques all round the country's especially this weekend but also with simple will not to have rules like that with kids but it's complexing to have some of the finest athletes in the world do absolute incredible things and have colleges, every college on the country is got an ultimate team, travel teams and have a world championship, this is a significant sport with really dynamic fun people and athleticism so with that I would like to recognize the members we have in the gallery today. Thank you senator the chair is happy to extend courtesy of the galleries to bone-yard the masters club ultimate team was represented by Alan Poyl the captain, Nick Mike Moore, Jesse Overby[sp?] Dave Snoke[sp?] and Troy Rovelle[sp?] if you'll please stand and be recognized, thanks for joining us and congratulations Senator Lowe for what purpose do you rise? To send forth the senatorial statement out of order. You can send forward your statement senator, and do we have that [xx] Yes. Okay you have the floor for a moment of personal privilege as well senator. Thank you Sir. We have here today with us and we want to honour the family

of the five royals band they have just been inducted here recently to the rock and roll hall of fame and I did want to say a little bit about them because they are from the western sylum we are the five royals who sprung from east western Salem gospel sing In the 1930's and 40's, we're inducted into the 2015 rock and roll hall of fame in Claflin Ohio, home of the hall of fame,  April 18th 2015. Where is the 5 royals we recognize for the early influences on the rock and roll and we're ahead of their time and created a remarkable barrier of work that lay the foundation for a host of the music that followed. And where else the 5 royals translation to secular music by the early 50's under the leadership of Lomen Parleen, exceptional song writing and innovation get her playing along with the duo lead vocals of Johnny and Eugene Tenner. The prominent members of the band at one time or another were William Samuels, Auto Geoffreys, Obadiah Curter and Jimmy Moore. The 5 royals created a signature sound that help to lay the ground work for rock and roll fusion together gospel do up in Jumb Blues, and whereas the move to King Records and Cincinnati Ohio, in 1954 the band had several hits on the RnB charts most notably Baby Don't Do It, dedicated to the one I love which decade later became a hit with various  versions by the sewells, the mamas and the papas and Tell the Truth later recorded by Ray Charles, Erick Clampton, in the 1957 the 5 Royales-Think was a top 10 R&B hit and in 1960 the song made the RnB top 10 for its second time in a version done by James Brown in The Famous Flames, in 1993, Mick Jagger of the Rolling Stones recorded a version of Think for the solo album and whereas after recording a number of singles produced by James Brown, the 5 royals disvalued in 1965, many of the members returned to Western Salem and them also return to the church music of the younger days now therefore the five oils should be congratulated on their induction into the rock and role whole fame and recognize for the contribution to the R and B music industry, in witnessing way of the under sign certifies the foregoing statements was read in the senate and placed upon the journal, thank you. Thank you senator Law, and upon the motion of senator Law force I can need the Chair's happy to extend courtesies of the gallery to Andrew and Colatter[sp?] Flemming, Jeremiah Hancock[sp?], Ronnie and Danna Samuels, Charline[sp?] [xx] Darryl Palin, [xx] [xx] Gilmore and Caroline please stand to be recognized congratulations thanks for joining us in the senate today. Senators upon the motion of Senator McInnis of Richmond County the Chair is happy to extend courtesies of the gallery to Johanna Richardson, and Kesha Campbell, a premier pre-K teacher in North Carolina at ILS Johnson Elementary school in Scotland county if you are with us today please stand and be recognized. And upon the motion senator Berger Rokinharm county the chair's happy to extend courtesies today to the governor's pages governor's pages that are with us please stand to be recognized and if you're in here, we see him in here today? There they are. do we have any report to senate or committees? Senator Reuben for what purpose of your rise? Thank you Mr. President send fourth a committee report. You can send forward your report senator. clerk will read. Senator Rabin for the

Consultation Committee submits passage. House Bill 127, committee substitute number one, DOT Condemnation Changes unfavourable. Senate bill 541 on flavourless bill but flavourless truth committee substitute bill House bill 268, committee substitute number one and flavourless committee substitute bill number one the but favourable to the senate committee substitute committee bill title, A man transportation laws? House bill 127 will lie upon the table Senate bill 541 finance, House bill 268 calendar. Introduction of bills and resolutions, clerk will read Senate joint resolution 717 a joint resolution adjourning to 2015 regular, session of the general assembly to date Senator Apadoca for what purpose do you rise? Mr. President, a motion please Senator Apadoca has the floor for a motion. Mr. President re-encourage just read in senate joint resolution 717 I move the rules be suspended to the and that it be brought before us for immediate consideration Objection so ordered so senators that moves us into our calendar for the day starting with Senate Joint resolution 717, clerk will read. Senate Joint Resolution 717 adjournment resolution. Senator Apadoca is recognized. Thank you Mr. President members this is the resolution that will take us from tomorrow after session to Monday July 13th 2015 at seven PM those dates will be officially adjourned I ask for your support. Having discussion or debate hearing non the question is.. Mr. President Senator Stine for what purpose of your rise? Is it on the dashboard mu computer is yes... Could be there senator Stine ... A question for the... Senator Apadoca do you yield? I do. Is this the type of adjournment whereby we can raise money from political action or this an adjournment where we are able to just be in every three days? Senator Stine is that for the Senate or Attorney General? No I'm sorry senator Stine it's not long enough it's got to be more than 11 days in orde Thank you. Have any further discussion or debate? Hearing non, question for the senate is the passage of senate joint resolution 717 on its second, all in favor vote Aye, oppose will vote no, five seconds to be allowed for the voting clerk to record the vote. Briant aye. 43 having voted in the affirmative and five in the negative. Senate Joint Resolution 717 passes its second reading without objection be read a third time. North Carolina General Assembly enacts. Having discussion or debate? Hearing none, question for the Senate is the passage of Senate Joint Resolution 717 on its third reading, all in favour Say aye, aye Oppose no, the ayes have it, so join the resolution 717 passes its third reading will be sent to the house by special message. Moving on to Public Bills, second reading House Bill 39, clerk will read. House bill 39 Labor amusement device penalties. Senator Jackson is recognized to speak to the bill. Thank you Mr. President, members this bill if you'll remember back in the fall of 2013, there was a horrific accident out at the North Carolina state fare where several folks were hurt tragically and they, some unlawful changing, [xx] was happening and the Department of Labor realizes that point of time which they do a great job, in inspecting this rads and actually other state contract with North Carolina to get them down there especially in South Carolina and some surrounding states to do their work when they have rads so, we should be proud of our labor department, but they got the leeking at the penalties that could be Charged

against this company, because they found out is, many of you have seen on the news that they will fully tampered with the machine so they could not get off and disable all the safety features. So the Department of Labor asked if I would run this Bill and I filed a Companion Bill but this is a House Bill, but basically what this will do will increase the fees and the funds from what they were at 250 some of them would be double, some of them would be five folded the amounts. It will also change it from if it's will for violation to from a class to mistemeanor to a class E felony, and the other thing that has happened recently is concerning these, I'm trying to think of the name of them these, the zip lines. We've heard there's no one actually doing that so part of this Bill will allow us our study to be done and allow the department to look at these zip lines as well. And I would appreciate your support on this, but before we do that Mr. President I have a our amendment is purely technical that we need to run and it should be on the dashboard, and I would ask that we have the amendment at this time You can send forward your amendment clerk will read senator. Senator Jackson moves to amend the bill. Senator Jackson is recognized to speak to the amendment Thank you Mr. President again this amendment basically is just correcting a truly technical in nature it fixes an incorrect reference in the effective date section it should reference section two, but instead references section one and this just takes it out and I ask for your support. We have any discussion or debate on amendment one? Hearing none, the question before the Senate is the adoption of amendment one, all in favor vote aye, opposed will vote no, five seconds to be allowed for the voting, clerk will record the vote. 48 having voted in the affirmative and zero in the negative, amendment one is adopted the bill is as amended is back body do we have any further discussion or debate? Hearing none, question before the Senate is the passage of Senate Committee House Bill 39 as amended. On its second reading all in favor vote aye, opposed will vote no, five seconds to be allowed for the voting, clerk will record the vote. [xx] aye, Radel, Senator Radel aye, Brain aye. 48 having voted in the affirmative and zero on the negative senate committee substitute house bill 39 as amendment passes its second reading without objection be read a third time North Carolina general assembly enact Do we have any discussion or debate? Hearing none the question for the senate is the passage of the senate committee substitute house bill 39 as amended on its third reading all in favor will say aye, Aye! Oppose no, the ayes have it senate committee substitute house bill 9 as amendment passes it third reading the amendment would be engrossed to be sent to the house for concurrence in the senate committee substitute House Bill 201, clerk will read House Bill 201 changes just say as an input Senator Well is recognized to speak to the bill Thank you Mr. President House Bill 201 zoning changes in municipalities had a thorough hearing in commerce this week, does a couple of minor things. It is been referred to as removing a protest petition but this bill in no way eliminates a citizens right to protest, in fact it incorperates language that require the clerk of the town board to pass along two council members any protest or any other comment foreseen by the citizens prior to a hearing. This bill does move toward a majority rural on zoning changes. Personally we have a system where one property owner are joining a partial that has been proposed to be rezoned. One property owner who doesn't have to live in the neighborhood, doesn't even have to be a resident of the state, can file what's called a protest petition with our local city. That protest petition will require a super majority or orders vote of the council to approve that rezoning, now that sounds like a high enough bar, but in a city like Hickory where we only have seven council members, that 3/4 votes turns in to an 86% super majority, that is bar that's extremely difficult for me. Citizens always have the right to talk to their elected officials I think we know that. They have the right to be heard. Ideally they have elected city council members that will listen to them and of

a council after going through the extensive process necessary to create a zoning ordinates and a zoning map is not willing to listen those citizens it's a local governmental political problem. It's not a problem we need to be addressing here so this bill would remove that requirement for a super majority vote for a zoning change. It puts those changes just like other changes in the city whether you're dealing with budgets, whether you're dealing with tax increases, we don't even require super majority for tax votes, in the state at least yet I ask that you support this amendment. Let's go back to a majority rule in this particular case, just like we do in all other issues that city council vote on. Do we have any discussion or debate? Senator Walter propose to rise. Speak to the bill Mr. President. Senator Walter what do you have for us? Thank you Mr. President, as this bill has moved through the session we have heard about skewed processes in level plain fields, upon its precipitations had set this bill up as a struggling owners up against well organized, well informed activist, aided by a mountain of our care crews and all sespo bureaucrats. In reality those roles are reversed protest petitions level the playing field between ordinary citizens trying to protect their homes, and small business ownership, owners trying to protect their places of business, and it's a complicated system that often seems stuck against these folks, African who stand to make a acceptable profit from his only property have months to prepare before applying the lease owing, they hire a attorneys, engineers, lambers, and land planners to advance their interest the neighboring homes owners and small business owners do not have these resources, they frequently have tole was two weeks notice of the proposed only change and that time they must consult with neighbors and try to learn zoning rules and procedures form thecity's only cod which in some cases run to 800 pages as in Charlotte, or even 350 pages like Salisbury. When they speak at public hearing s these ordinary citizens are invariably over matched. The protest petition if the neighbor or small business owner can organize his neighbors to get the necessary signatures, is frequently the only tool available to ensure that the developer and the city officials seriously consider the property owners interests and concerns. The protest ensures the higher level of review and scrutiny by public officials in request that affect the property owners investment. I would argue the protest petition do exactly what they are intended to do, they produce more thoughtful results resolving cases and better protection for the legacy property owners and date bare this out. First of all, protest petition are filled in few cases, the UNC school of government study found that valid protest petitions were filed only 6% of the time. I looked back over the last 10 years in Durham, some of those which I served under city council. In those 10 years there were 378 zoning case. 35 protest petitions were filled 9% of the cases that went to of the resowning cases. Only nine of those protest petitions would deemed valid and sent to the City Council for a vote. Of those nine, two were denied with unanimous votes. Super majority didn't even play in to the issue and seven were approved over the protest petition. Of the 26 did not go before the council. 21 were  withdrawn by the citizens and five were withdrawn by the applicants. And we've looked at other data I have boring to many of you received an email from a group here Rolley. And I want to share those with you, but there were two conclusions from the studies of the protest petitions that I looked at this. One protest petitions are used in frequently. And two no application not one was denied because of the super majority vote in the case of worry. Nevertheless 15 year Rowan has approved 90% of its reasoning cases while Carteret have approved 85%. In the last decade Durham has approved over 90% of its applications. The bottom line for me in this issue is the protest petition process does what it is intended to do.

Provide the impetus and the mechanism for rezoning applicants and their neighbors to work together resulting in a better project. Now I certainly understand the issues that senator Wales has raised about super majority and the whole petitioning process. And to that Mr. President I'd like to submit an amendment. Certainly you can send forward your amendment. Clerk will read. Move to amend the bill. Senator Wade is recognized to speak to the amendment. Thank you Mr. President. Ladies and gentlemen I believe the protest petition and I've stated in my reasons is a valid and important tool. It's been in place since the 1920s when actually president warn hurting and his administration proposed that those free market rise a fair Republicans and actually you know the protest, but was proposed by the secretary of commerce at the time Herbart Copper. I believe it is valid important to we views effectively here in North Carolina since 1923. But for all the reason we've heard in the house, in the committee yesterday senator Well shared we us today it may be time to look at the super majorities. My amendment that's before you protects the protest partition as a volatile for hormones, neighborhoods and small business owners but it changes those super majorities both in the partitioning process and in the city council process. The city council vote instead of the current three force, 75% of the votes, Senator Wells that line for you. This would simply move the vote to a majority if the council is a five or fewer members. That of course is a real challenge 75 percent there. If a council has six or more members then the required vote for the Protest Petition would then be majority plus one member. As to the petitioning process for neighbors, currently 5% of the adjacent landowners may file the protest petition or be part of it. This amendment would raise that threshold to 15%. So in short we're lowering the threshold in the city council vote, we're raising the threshold for the neighbors participation in the Protest Petition. I submit that this is a reasonable proposal and is one that works for these towns and would lead us, continually to effective zoning in our municipalities and I urge your support. Do we have any discussion on the amendment? Senator Wells for what purpose do you rise? Senator Wells. Senator Woodard thank you for that. Senator Wells you want to, Debate the amendment. You have the floor senator. Senator Woodard and I have along with Senator McKissick several conversations about this. Understand their frustration, I don't know what's going on in Durham that is such a concern I hope they can deal with that local but they have certainly put up a valid defence of the current protest petition system. Let's go back to the math. A five seventh vote in a city with seven council is still a 71% majority. Again that's a high bar this protest petition is not being used in counties [xx] on a regular basis. We have had conversations about notice requirements in the cities that I'm aware of in my district, there is a notice mail to every property not just adjoining but within a radius around the property before the planning board, before the city council signs are put up. There is adequate notice on this but here is one thing you need to know about protest petitions, why they are used most extensively in my experience Is against affordable housing. I ask that you oppose this amendment. Having further discussion or debate on the amendment senator Lee for what purpose of your rise? Speak to the amendment. Senator Lee you have the floor. One of the things that hasn't been talked about today I think is important, I would not support this amendment. I do support the bill and one of the reason is the boards that are hearing this, these matters are duly elected officials. They go through the electoral process just like rest of us in this room. Every part of the process with reasoning as public, their emails are public about this reasoning process all those fillings are public all the applications all the sentimental any one can see those. But if you have a protest petition, you have put the power in the hands of an unelected official, to change this threshold of a vote count. That private individual, there is no judicial review as to why they're doing it.

They can be doing it for an illegal purpose, an unethical purpose, a purpose against public course they are racially motivated purpose and you will never know. So to put a power, not right under our constitution or our laws it is not right in individual system, but a power is not something that we have in our statutes and to put that power in the hands of, in some instances on the current law, you can have 5% of the 100% of 100 foot buffer, you can follow protest petition you not only have to be North Carolina citizen, you don't have to be United States citizen, you just have to own property adjacent to the project and there is no judicial review, there is no disclosure, there is no anti-protest quotation where they have to tell you why they are doing this. It is the wrong thing to do to support this amendment, it is the right thing to do to support the bill. Thank you. Senator Van Duyn, for what purpose do you rise? To debate the amendment. Senator Van Duyn you have the floor. In my opinion, a home owner that purchases a home in an area that has been zoned has kind of a contract with the community about the nature of that neighborhood. It's not fair their to commoner to change their contract without giving them a voice and I think that was the purpose of the protest position, excuse me, protest petition, now I have no doubts the people have used and abused this privilege, particularly with respect to affordable housing and I'm a huge proponent for affordable housing. However, I think senator Richards compromise thrides the needle fairly well and even better makes it more difficult to qualify for a protest petition, and lowers the barren in terms of the vote needed to override the protest petition, but never the lacks excuse me nevertheless recognizes the fact if there's an existing agreement between a land owner and a community around the zoning of their property, and so I urge you to support Senator Waddell's amendment. Any further discussion or debate on the amendment? Hearing none the question before the Senate is the adoption of amendment one, all in favor will vote aye, opposed will vote no, five seconds to be allowed for the voting. Clerk will record the vote. Senator Bryant, aye. Mr. President Senator Apodaca for what purpose do you rise? The pro team was bubbling to me and I hit the wrong button. I'd like to vote no, thank you. Senator Apodaca changes his vote to no. 15 having voted in the affirmative and 33 in the negative amendment one fails, the bill is back before the body unamended, is there any further discussion or debate? Hearing none Mr. President Mr. President. Senator McKissick for what purpose do you rise? Debate the bill. Senator McKissick has the floor to debate the bill. I refer to debate on both sides this issue by potential abuses protest petitions as well as additional voice against residents within community. One I know that we frequently do as part of this body is to respect local government in terms of what they want. Many local governments in this state have come to us as a general assembly and requested the authority to have these protest petitions. In my opinion for those local government those cities that want this authority we should allow them from that authority they should be excepted our grandfathers so to speak so that those communities that feel this is the way they want to operate the government, the way they want to deal with Rezoning Cases, they should allow the public to do so. The problem I have with this bill is for those local government who come here and gotten that authority we are now pretty much are moving that authority. We are eradicating it, they will no longer have that authority without coming out back here again, once again and seeking it and one thing I like to do is, see if senator Wells will yield for a question Senator Wells do you yield? I yield. Senator Wells, under your bill is my understanding that they would repeal the authority of local government to have a local charter amendments to have protest petitions, is that correct?

As far as I understand that's correct. Now, would it be possible for those communities to come back in the future and once again obtain that authority from this body, from the general assembly? As I understand in the future, the community if the citizens of the community feel like the local elected officials are abusing them, either by not giving notice or not responding in a positive way to their request they will be free to come back through the presenters of the local bill. Follow up Mr. President. Do you yield for follow up senator Wales. Yes. Senator Wales if we had an authority come back such as Dallum because we have that in our charter, would you incline that support our communities right to have a protest position if that community seeks that privilege if they seek that authority because those individuals in that community feel it's a right that they want to bestow upon residents in that particular jurisdiction. I've made to see that bill, but I will not say no, but I'm not going to say yes until I see your bill. I understand. I would hope and trust. Senator McKissick do you want speak a second time? Speak the second time conclude the other remarks. The other floor Senator. I actively said that really we will have these communities come back and ask for that authority to find a way that cut out that authority today, one thing we tried to do is respect local bills when they come forward to respond local control to allow communities to have that voice, to have that option, so appropriate time I'm going to object the third reading so that we will have a chance to allow them that the privilege of maintaining that authority today without having to waste the time and energy of coming back and seeking it. Senator Waddell your purpose arise? Speak to the bill. Senator Waddell you have the floor to speak to the bill. When we discuss these bill in commerce It will say that this bill will be a win. Further developers is allowed is for the community and so my thoughts today is a win win for the situation and for both party is involved then this legislation may not even be necessary, y but as I speak in terms of the bill asking many changes some for the betterment some for the worst and House Bill 201 will be devastating, to the citizens of North Carolina and to many and strong neighborhood, the like to follow a protest petition against resolument have been part of our history since 1923. North Carolina residents need to be able to file predict petitions, proposal so that regulate some if the issues that was seriously endanger our neighborhoods, our house and values but it joins it a wildlife and I'm not only speaking, after these petitions against people putting low income development and established neighborhoods, among those speaking, I have well established neighborhoods where things have changed, but we have had to have single family homes, thriving communities, and then here comes alarm, there storey development bringing traffic depriving the strong neighborhoods of the things that they have enjoyed. So residents need to be able to file positions, proposals so that we can negotiate some of the issues that will seriously endanger our neighborhoods. The protest position like protect the neighbors investment and their own property form wrongfully motivated zonic changes in our back yard. The protest positions revelry calls Zomin[sp?] to be denied but it does require special attention to the process that is powered and hopefully more thought for results for the area in question. It levels the playing field between the neighborhoods and often times big Wall Street companies that come to North Carolina. So I'm asking that you vote no on this Bill 201. Any further discussion or debate? Hearing none the question before the Senate is the passage on Senate committee substitute to House Bill 201 on it's second reading, all in favor will vote aye, opposed will vote no, five seconds to be allowed for the voting. Clerk will record the vote. Reuben, Aye Bryant Aye.

Brian no. 38 having voted in the affirmative and 0 in the negative, Senate committee substitute. I'm sorry. 38 having voted in the affirmative and 10 in the negative, senate Committee Substitute House Bill 201 passes the second reading Senator McKissick objects the third reading and will remain on the calendar Mr. President Senator O'Brian, for what purpose do you rise? To change my vote to aye Senator O'brien changes her vote to aye. Final count was 39 to 9. Moving on to House Bill 376, clerk will read. House Bill 376 so procedures modernize expert discovery. Senator Daniel is recognized to speak to the bill. Thank you Mr. President members of the senate civil litigation in many cases still civil litigation there are experts who are called to testify by both parties and there're discovery rule that allow each party the access to information that will be used by the expert to state their opinion, and what they're forming their opinion based on. The North Carolina rule is not as specific as the federal rules of civil procedure all the lawyers operate by and committee of the North Canal Bar Association that was a balanced committee of plaintiffs and defendants council got together and formulated this rule to sort of update it and modernize it and and I commend it to you, I don't know of any oppositions to it, and glad to try to answer any questions that you might have. Do we have any discussion or debate? Hearing none, the question before the Senate is the passage of the senate committee substitute to House Bill 376 on the second reading All in favor vote aye, opposed will vote no, 5 seconds to be allowed for the voting, clerk will record the vote. Woodard aye. 48 having voted in the affirmative and 0 in the negative the senate committee substitute to House Bill 376 passes its second reading without objection, be read a 3rd time. North Carolina General Assembly enacts. Any discussion or debate? Hearing none the question before the senate is the passage of the senate committee substitute to House Bill 376 on its third reading all the favor will say aye Aye Oppose no, the aye's have it. Senate committee substitute 376 passes its 3rd reading they will be sent to the house for concurrence in the senate committee substitute. Senator Apodaca for what purpose do you rise? Motions relative to calendar Senator Apodaca, the 4 few motions   Thank you Mr. President, present members, house bill 765 is next on calendar. [xx] I move that it be place at the end of today's calendar please. Objection so ordered Thank you Mr. President. Additionally, house bill 411, town of Angier was pulled from the calendar yesterday and chairman Davies said review it and has decided to bring it back so bill 411 town of Angier de-annexation move that it be placed on today's calendar next to the end. Objection, Senator ordered Thank you House bill 766, Clerk will read House bill 766, amend CBD oil statue Senator Tucker is recognized to speak to the bill. T Thank you Mr. President, I'm have an amendment. Senator Tucker you send forward your amendment? It should be on the dashboard sir The Clerk will read Senator Tucker moves to amend the bill Senator Tucker is recognized to explain the amendment thank you Mr president and members of the senate I bring back to you back again from the last session the CBDO bill. CBDO is oil that heals from hem extract from the cannabis plant. Last time when we passed a bill to try help children with intractable epilepsy, we placed in a study, we also did not put any money with that study. There are also additional trials going on with apadolox trials, clinical trials going on in three hospitals that we requested entertain this study, we are not able to get to it. Today there will be amendments on this bill from senator Davis, and one from senator Macusik, who both been very helpful and work diligently and tirelessly in bringing this bill back before you, but this will allow

those parents to be able to have in their possesion in the CBDO to treat their children it will also require that there be a database as requested by senator Wade committee to have a database registration for those individual who use lasings[sp?] CBDO oil to treat there children it will also relive the neurologist that any liability from recommending or referring this oil or the use of this particular CBD for this purpose this will bill will finally streamline the opportunity for this particular treatment to be used in North Carolina to eliminate the fears about this this is going to be in small enough doses which will be spoken to by Senator McKissick after interviews in discussion with numerous neurologist in state and out of the state the will be so low that you drink an entire bottle and then not get caught from it is trickery used to initial low doses to treat children and that are federal amendment was passed recently that prohibit the federal government for using any kind of funds to interfere with state to have enacted all legislation. North Carolina, excuse me I beg your pardon, South Carolina and Virginia both have this legislation question in place and parents are able to use this treatment for their children so that will be my explanation Mr. President and there are some amendment coming for from senator Davis and, yes sir, they will be coming send fourth after my amendment so that's my explanation for the amendment on the original bill. Thank you senator any discussion or debate on the amendment? Hearing non the question for the senate is the adoption amendment one all in favour vote aye oppose will vote no five seconds to be allowed for the voting and clerk will record the vote. Reuben aye aye. Brian aye. 48 having voted in the affirmative and zero in the negative amendment one is adopted the bill has amended is back before the body, any further discussion or debate? Senator McKissick, for what purpose do you rise? To debate the bill. Senator McKissick has floor to debate the bill First I would Like to recommend senator Tucker for his exceptional work on this bill he's really done an outstanding job in trying to bring forth an bill is logical, rational that will provide greater opportunities for those who have intractable epilepsy is most a few other condition you get this help medication that they needs so I really appreciate the extraordinary work that he is putting to this as he indicate one thing we look at was the level of THC that was in the original proposed bill but more importantly consulting with neurologists not just here in North Carolina but across this country to come up with something that would be best to expand treatment opportunities for those with the most severe conditions here in North Carolina and in doing so I'd like to send forth an amendment. You can send forth your amendment senator. Senator you have two which one. Is the last one that went up because it conforms to the most recent amendment by Senator Tucker, the most recent one we've seen the prior one dealt with the bill in its form before Senator Tucker's amendment. Senator it should be on the dashboard so would you just check that and make sure we have the right one before we move forward. I believe we do. Thank you the clerk will read. Senator McKissick moves to amend the bill. Senator McKissick is to explain the amendment. What would this bill would essentially, excuse me amendment would essentially do is allow for THC levels of 0.9 to be used this will allow for those with the most severe conditions dealing with intractable epilepsy as well as gastro and [xx] problems in some instances to receive benefits, the State of South Carolina as well as the State of Virginia have levels that are equivalent to what we're looking at here with this particular amendment I know Senator Tucker and I have discussed this at length and we've had sometimes at least one telephone conference with an expert who had PhD in chemistry as well as a medical degree from Stamford who indicated that this would be the best way of providing access to treatment to a maximum number of people who have severe condition, I appreciate your support. Do we have any discussion or debate on the amendment? Hearing none, the question before the Senate is the adoption of amendment

2 all in favor will vote aye, opposed will vote no, five seconds to be allowed for the voting, clerk will record the vote. Hise no, Burger aye, Smith-Ingram aye, Raben, Senator Raben. 43 having voted in the affirmative and four in the negative amendment two is adopted the bill as amended is back before the body do we have any further discussion or debate? Senator Davis for what purpose of your rise? to ask the bill sponsor senator Apadoca a question. Senator Tucker do you yield for a question? Yes sir I do. We are working on staff right now and they get one amendment corrected, do you mind displacing this temporarily? No, sir I don't mind that Mr. President. Senator Tucker you are going to displace the bill and we will move on in our calendar. House bill 823, the Clerk will read. House bill 823, establish an advisory council on rare diseases. Senator Pate is recognized to explain the bill. Thank you Mr, President. We might not know what rare diseases are but, several people the United States do, and I want to give you the definition of a rare disease or condition first of all. Rare disease occur condition affects less than 200, 000 persons in the United States, or affects more 200, 00 but for which there is no reasonable expectations that they cure and then drugs can be found, all that will necessary to fiable to develop such a drug. So some of these are committed to a life time or a suffering or an early death, people in the North North carolina do have it, these rare disease. Representative Connie and I have both the have developed a bill that will address this at least address what the rules might be for study of this types of diseases, these very rare diseases. Originally we were going to test the department of health and human services to house such as a study and to develop an advisory council and the department felt like the expertise for treatment of these types of diseases might best be located over in the medical school at the university of North Carolina and also in the Duke Medical School so both of these institutions have agreed to host such an advisory council and to actually mend that advisory council due to the expertise that they have, the original advisory council was gone a constable about 18 members which will be as unruly as I said it is but and changing it over to the University North Carolina medical school we have cut it down 13 members. One of whom would be someone who is a sufferer in North Carolina from one of these diseases. So advisory council is going to be if you help us pass this bill, the advisory council will be house in the school of medicine at University of North Carolina and will come back I can't to decide what the state wide's efforts are to study the incidence of red disease within the state and the status of the rare disease community, I ask for your support to this bill. Is there any discussion or debate on the above? Hearing none, question for the senate as passage on senate committee substitute house bill 823 on the second reading, all in favor vote aye, oppose will vote no, five second to fill that the clerk will record the vote. 48 having gone to affirmative and zero in the negative, senate committee substitute to house bill 823 passes its second reading the objection be read the third time. North Carolina do you have any assembly enact. Do we have any discussion or debate? Hearing none the clause and it passes senate committee substitute house bill 823 on its third reading all those in favor say aye, aye opposed no, the aye have it. In the committee substitute house bill 823 passed its third reading. It will be sent to the house for concurrence and a senate committee substitute housebill, this is actually a local bill gone back to local bills, third

reading will call house bill 411, the clerk will read, house bill 411 town revenger deannexation Mr. President, Senator Reuben is recognized to explain the bill  Speaking on the bill yes sir, if this is a local bill and in the district a manner to represent all the stake who adjourn accord did not like this to happen, I ask your support, do we have any discussion or debate? hearing I press for the senator's as passenger of house bill 411 on its third reading, all in favor will vote aye, opposed will vote no, five seoconds to gather voting clerk will record the vote. Raven Aye 48 having voted in the affirmative and 0 in the negative House Bill 411 passes it's third reading and it will be enrolled. House Bill 765, clerk will read. House Bill 765 great authority [xx] for 2015. Mr. President. Senator Apodaca what pops your rise? We need to take a little bit break for about 15 minutes if we could please. 15 minutes, Senate will stand and recess until 3:20. Mr. President. Senator brown, for what purpose do you rise? Republicans called to stand to recess. Senate will come to order. sergeant in arms close the doors, members to go to their seats, members and guests in the gallery please silence your electronic devices. Senator Apodaca for what purpose do you rise? Mr. President, can we see if Senator Davis is ready to go with his amendment, can we handle that first please? Senator Davis are you prepared to go so House Bill 766 that we can get that back on the calendar again? And, Senator Davis is recognized to speak to the Bill. Thanks Mr. President and to members of the Senate, we're now back on 766 to CBD I want to first confess sincere that in the past I have had some mixed feelings on this but I want to start and speak brief if I may as a parent. As a parent I have deep compassion for those who are dealing with children who are experiencing an attractable Epilepsy and I can only imagine and perhaps I cannot fully imagine what they may go through once I just try to put myself in a shoe to see if I could really relate in the best that I could come to is, as a parent having a child there was experience and kid would cry out of control it seems and it took me from late night sometimes into the wee hours of the morning just trying to settle the kid down, but in this case, you know as we're dealing with epilepsy and this severe epilepsy cases, we're talking about family members and they're wondering sometimes in day to day of the tower even if they're naked to the night. So as I come, then just thinking about the signs behind this, I do want to I think and I need to be so much responsible to share that, there are still some things that are known about this CBD, but as we come together this session I think it's important for us to continue be responsible and to be passionate as we move forward, so as we move and deal with this today looking at current law in terms of whether the Bill is moving, one of the points of concern that I must share is we are moving the study. However, I do believe that it is important as we are dealing with this matter to deal with access issues and I think this is what this bill attempts to do also I would simply share obviously we dealt with an earlier amendment

too still with dosage just want to be clear though as we are here, a lot of the evidence that is being shared is very very anecdotal in nature and if you really begin to look at the literature is one thing that is pretty consistence and that's the call for us to continue to study this so this one I want to commend Senator Tucker and others and walking and allow me to share my concern and walk with me in bringing forward my amendments that I have really think would help move the Bill forward in a very stronger manner so the time Mr. President I would like to set forth and amendments that amendment is it's amendment one and it most amended bill on page 40 should have all three I'm just trying to make sure you have the version the correct version. Thank you Senator, as provision three. Senator where is code number top left hand corner of your sheet there. Is ATU33 version three. Clerk will read. Senators before we move on Senator Gunn has an excuse to absence. Clerk will read. Senator D. Davis moves to amend the bill. Senator Davis is recognized to explain the amendment. Thanks Mr. President members what this would do as I just alluded to under its current law based on the bill that we have had last session and actually now removes the study provisions what this amendment would do is continue to encourage us to study on this, this is what we know, there are some major studies that are now taking place, right now we're kind of midway to the DeVinci study We are looking to get some good results, hopely out of there by next year but there are still things that we need to expose such as the impact of dosage, such as the impact on the oil with other medications and as many other areas that we can go. So I think it's the right thing to send the signal to some of our schools here in the States no matter where it goes or not we are actually I encourage them to take a look and study this as say it may find them properly. So would you like our support on this. We are having a discussion or debate on the amendment, Senator Tucker propose you, just to speak on nomination as you see with Senator Davis's passion and link that we are in agreement on this amendment and moving forward, so I would ask members to support him amendment for the encouragement for the study.   Any further discussion, or debate on the amendment. Hearing none, the question for the Senate is the adoption of amendment 3, all in favor vote aye, oppose will no, 5 seconds. to be allowed for the voting, clerk will record the vote. Burger aye, Cook aye, Rucho aye, Curtis aye, McInnis aye, Davis aye, Hise, Bryant aye [xx] alright, 47 having voted in the affirmative zero in the negative amendment three is adopted the bill has amend its back before the body, senator Davis for what purpose of your rise? Mr. President send fourth another amendment this is 8028. Clerk will read. Senator Davis, move to amend the bill. Senator Davis is recognized to explain the amendment. Thanks again members. What is to do in accordance to the new bill, I'm going to ask before us it would generate a letter which then a patient, the caretaker, caregiver would possibly make contact and join the registry Part of the issuing the letter is an examination in being under the cure of a physician, what this would do is address cases in which caretakers actually change positions and it would then require that caretaker to actually update the registry arm in terms of that information. So again we do ask for your support on this. Senator talk about  purpose arise?

Speak the amendment. You can take the floor. Much again this enhances the bill by Senator Davis and I would ask the members to support it thank you. Any other discussion or debate? Hearing none the question for the senate is adoption of the amendment for in favor will vote aye, oppose will vote no, five seconds will be allowed for the voting the clerk will record the vote. Stein aye, Berger aye, Rucho aye, Bryant aye Hise, Hise. Berger was I, Senator Hise 46 having voted in the affirmative an zero in the negative amendment four is adopted the bill is amended is back before the body. Senator Davis your purpose arise? Mr. President with the final amendment this is a 8032. The clerk will read. Eddie Davis moves to amend the bill. Senator Davis is recognized to explain the amendment. Thanks Mr. President, obviously as we deal with this and Senator Turker I will be very keen that I had much more and much this year and regarding what we know and what we may not know right now unless we moves down this direction but we want to streamline that but one thing that I would be clear in saying is called the research they still make reviews and many are claimin and calling for additional starting, this policy is a bill, this cannot be the prominent solution of what I think will be more of the permanent solution is for, obviously our federal government to look at rescheduling this from schedule one and additional research and essentially what this will do, is provide time for access that's being provided an allow as to further see what where we are within the research and therefore it provides a sunset provision that would expire July 1st of 2021. Do we have any discussion on  debate of amendment five? Senator [xx] Thank you again, thank you to senator Davis. This sunset is all about accountability and check and balances and I would ask that this enhances the bill support amendment and move forward. Thank you Sir. Any further discussion or debate on the amendment? Hearing non, the question before the senate is the adoption of amendment five, all in favour vote aye, all oppose vote nah. Five seconds for the voting. The Clerk will record the vote. Burger, aye, Rachael, aye, Tucker, aye Woodard aye, Ford aye and Jackson aye and Senator Hise. 45 having voted in the affirmative and one in the negative, amendment five is adopted, the bill as amended is back before the body. Do we have any further discussion or debate on the bill as amended? Hearing none, the question before the Senate is the passage of Senate Committee Substitute to House Bill 766 as amended on its second reading all in favor vote aye, opposed will vote no, five seconds to be allowed for the voting, clerk will record the vote. Berger aye, Stein aye, Bryant aye, Woodard aye, Jackson, sEnator Jackson is aye, Senator Turker is aye and Senator Hise aye. Oh yeah, 47 having voted in the affirmative and zero in the negative. Senate Committee Substitute to House Bill 766 as amended passes its second reading without objection be read a third time North Carolina General Assembly enacts. Any discussion or debate? Hearing none. The question before the Senate is the passage of Senate Committee Substitute House Bill 766 has amended on its third reading, all in favor will say aye, aye. Opposed no, the ayes have it. Senate Committee Substitute House Bill 766 as amended passes its third reading. The amendments will be engrossed and sent to the house for concurrence in the Senate Committee Substitute. House Bill 765. But before we do that, let's ratify bills, ratification of bills clerk will read. New al bills, the ruling clerk reports the following bill duly ratified for presentation to the governor. House Bill 669, an Act to make various changes to the dune in law for abuse, neglect and dependency. Now moving on the House Bill sub 65, clerk will read, House bill 765 regulatory format to 2015 Senator Wade is recognized, Mr president, Senator Apodaca, what purpose do you rise? Motion please, Senator Apodaca has the floor for the motion, may the roads please this spend into the into these staff maid join

member on the floor, so representative Hyse for what purpose do you rise? Among sent forward into exclusive voting place and I think is all you have to do, please suspend it to these staff maid join member on thee floor. Thank you senator. Senator Waide do you recognize to explain the bill? Thank you Mr. President, for the fifth term in five years the senate continue to move forward on comprehensive regulatory reform. The regulatory reform act of 2015 will increase government efficiency reduce unnecessary regulatory bans on citizens and the business community and protect private property rise. Although a large film more than half of these provisions have either been passed by the senate this year, or last year or has passed a house earlier this session because of the bill complexity I'm going to eject the third reading so there is ample term for floor debate as many of you know Dinah released a memo yesterday afternoon that I won concerns with seven provisions in this bill. Members and staff to about what Dena last night and this morning, and I will be yielding the floor to Senator Apodaca shortly to address this collaboration. I would also like to say it had passed the act committee and the finance committee. And now I will yield to senator Apodaca. Senator Apodaca you have the floor to speak to the Bill. Thank you Mr. President. Members as many of us saw in the paper today, Dena objected to this Bill. we had extensive conversations with Dana and we have come up with a way for them to endorse this Bill. The endorsement letter will be on the dashboard the endorsement is based upon 6 amendments that we need to run, and I'm going to get ready and will start running the so I'd like to send forth amendment 1. You certainly can send forward your amendment, senator Lee certainly has an excuse of absence for the remainder. Clerk will read. Senator Apodaca moved to amend the Bill. ] Senator Apodaca is recognized to explain the amendment. Thank you Mr. President members this on [xx] on page 16 on lines 21 rule 31 this amendment amends the environmental [xx] language to clarify that any activity related to [xx] and [xx] are not eligible for self audit privileges in this provision. It is what it says it will [xx] up, I ask for your support. Do we have any discussion or debate on the amendment? Hearing non the question before the senate is the adoption of amendment one all favour vote aye oppose vote no five seconds be allowed for the voting the Clerk record the vote. Raechael aye Ice 43 having voted in the affirmative and zero in the negative amendment one is adopted fill as amended back before the the body. Thank you Mr. President.... Hold on one second senator. I'm sorry senator Richael's vote was not tabulated in amendment one what's final count? 44:0 is final count. Senator Apadoca. Send fourth and amendment too Mr. President. Send forward your amendment Clerk will read. Senator Apadoca moves to amend the bill. Senator Adapoca is recognized to explain the amendment. Thank you Mr. President members these two amends the environmental self-audit language in 4.1 by making the provision effective once approved by the EPA, I ask for your support. Do we have any discussion or debate? Hearing none the question before the Senate is the adoption of amendment two, all in favour will vote, opposed will vote, five seconds to be allowed for the voting, clerk will record the vote. Rucho aye Aye, Hise. 45 having vote in the affirmative and zero in the negative. Amendment two has adopted the bill as amended the body. Senator Apodaca is recognized to send forth the amendment.  To send forth amendment three please.  Clerk will read. Senator Apodaca moves to amend the bill. Senator Apodaca is recognized. Thank you Mr. President, members, this amends the coastal storm water provision in section 4.19 to make the affected date July 1st 2016. It additionally adds for Dina to verify that biodiversity has rebounded into the coastal waters.  I ask for you support. Do we have any discussion or debate?  Hearing none, the question before the Senate is the adoption of amendment three all

in favour will vote, aye, opposed will vote no, five seconds to be allowed voting Clerk will record the vote. Hise 44 having voted in the affirmative and zero in the negative amendment three is adopted senator Apadoca can send forward another amendment. Send fourth amendment four Mr. President. Clerk will read. Senator Apadoca moves to amend the bill. Senator Apadoca is recognized. Thank you Mr. President members this amends the storm water provision in section 4.37 of the bill by century removing all language that the existing study provision, I recommend it to you. Do we have any further discussion or debate? hearing none the question before the Senate is the adoption four all in favour will vote aye, those oppose no five seconds will be allowed for the voting the clerk will record the vote. Burger aye, 44 having voted on the affirmative and zero in the negative amendment four is adopted senator Apodaca you send for the next amendment. Thank you Mr. President sent before the amendment. Clerk will read. Senator Apodaca moves to amend the bill. Senator Apodaca is recognized. Mr. President first I would like to thank Senator McKissick for leading Senator Berger shoot for the day, this amends the runner, many years utility exemption in section 4.21 of the of the bill but turning it to a dinner stay. Any other discussion or debate on the amendment? Hearing none the question for the Senate is the adoption of amendment five all in favor will vote aye oppose vote no, five seconds will allow for the voting and clerk will record the votes, further I, star and I, 44 having voted on the affirmative and zero in the negative memo five is adopted the bill is amended and is back before the body Senator Apodaca can support the next amendment. Thank you Mr. President sent before the amendment say. Clerk will read Senator Apodaca moves to amend the bill. Senator Apodaca is recognized. Thank you Mr. President ladies and gentlemen this amend the isolated lands provision is section 4.18 by modifying the definition isolated wet land up to the request of Dinah. Do we have any further discussion or debate? hearing none, the question for the senate is the adoption of memo six, all in favor vote aye, opposed will vote no, five seconds will allow for the voting, clerk will record the votes. Burger aye, Ryan ayes, Van Duyn, senator Van Duyn aye. 44 having voted in the affirmative and zero in the negative amendment six is adopted bill as amendment is back before the body Senator Apadoca you can send forth you next amendment. Mr. President I was going to call the question but Senator Apadoca won't let me so never mind. Okay. Do we have any other discussion or debate on the bill as amended? Senator Smith, for what purpose do you rise? To debate the bill please. Have the floor. And to send forward an amendment. Do you want to debate the first or. No let me just send forward the amendment. Okay, Senator Smith   you can send forward your amendment the clerk will read Senator Smith moves to amend the bill Senator Smith is recognized to explain the amendment Thank you Mr. President, this amendment actually eliminates the self audit provision under section 4.1. I appreciate the two amendments that Senator Apodaca put forth to amend this section but it's still leaves a huge problem eliminating, taking the coal rush out is a good thing because we all know that that's been a real problem, in fact had this amendment being in effect prior to the coal rush spill it would have, Duke Energy was fined million dollars for water seepage in Wilmington and that would not have happened, we wouldn't have had that. The problem Miss, we don't know what the next coal rush problem may be. Two years ago we were not aware that coal rush was going to be problem. There maybe some other big environmental issue out, there that at this point we don't know of and maybe just as serious as coal rush problem. This provision Dina did oppose, it will allow companies that pollute to be exempt from fines for violations

as long as they report the violations themselves. It allows businesses to conduct environmental self audits, fining and limiting the polluters ability for hazardous spill. It also means that the audit findings could not be used against the company in a civil law suit or administrative proceeding. As I had mentioned before had this been in effect Duke Energy could have just self reported that spill in Wilmington and been. subject to no fines. So are we going to ask the taxpayers of North Carolina to have to clean up problems like this, broadly apply the immunity for environmental violations undercuts the effectiveness of penalties and finds as a deterrent to future violations, because the polluters can always avoid the penalty by confessing. People that pollute do not need this provision to protect them from having to pay fines and penalties. Enforcement actions for water quality permit violations have dropped. These things are working now, when governors could do an easily were in office there was over 500, 567 on average of these violations but now under Governor McCory it's down to 267, having these potential fines and civil actions are working, we should not not let them be eliminated. Thank you. Senator Wayne, for what purpose do you rise? Speak on the bill, on the amendment. Senator, speak on the amendment. Senator Wade, you have the floor to speak to the amendment. Yes, I would just like to bring to the chambers attention that I believe it was 1994 that the Democrats controlled the Senate at that time and legislature and I think they brought forth the Bill about self auditing, it didn't pass but what it did do was have governor easily sign a Policy put forth by Dena, that actually lets you do self auditing. what this bill does is actually, it makes it safer for individuals because under the Dena policy you have immunity in the self audit criminally also. You dealt in the Bill we're putting forth today, so actually lie that the law safe for citizens also if you can self on it you can say I've made a mistake here please come here and tell me what I need to do to clean it up, so I would ask that you vote against the amendment. Do we have any further discussion or debate on the amendment? hearing none, the question for the senate is the adoption of amendment seven. All in favor will vote aye, opposed will vote no, five seconds will be allowed for the voting, the clerk will record the vote. 14 having voted in the affirmative and 30 in the negative, amendment 7 fails the bill as amendment is back before the body, any further discussion or debate. Senator Smith Ingram for what purpose do you rise? To send forth an amendment.  Senator you can send forth your amendment. Clerk will read. Senate spare a thing I move to amend the bill. Senator Maythinger is recognized to explain the amendment. Thank you. the amendment seeks to delete the section in this entire lead for three clear and what I hope will be convinced reasons. First and foremost Dinah has viewed this supervision as strainous and absolute, in fact they are all ready doing just what on this provision requires and they see no need for the supervision, secondly we have had efficient and very effective success with the air quality monitors in the past, they have protected the citizens of North carolina Carolina which we are interested to do, last but not east, the third reason is that it ensures the health and safety of well being of all communities in North Carolina. In the provision or the response the memo that Dinah's sent to all of us in the chamber on yesterday, they clearly stated their position on the supervision they have opposed this supervision in the past and they propose it, oppose it again today. When we talk about the performance

and the effectiveness of our air quality monitors in the past They have been very successful with helping us and ensuring that we have successfully met all the air quality standards. And it has also shown demonstrated that it's been effective in limiting the size of the non containment areas, non attainment areas. I would like to share just two statistics with you, people who live within three miles of a cold fire power plant have an average income of $18, 400 which is $3, 000 lower than the national average. Of these people who live within three miles of a cold fired plant, almost 40% of that population are people of color. I commend this amendment to you and ask you ensure the safety of all the communities of North Carolina and that you support this amendment because Diana feels that it is not needed, they are already doing just what the provision. Requires, Mr. President, Senator Styne for what purpose do you rise? To debate the amendment. Senator Styne you have the floor to debate the amendment. Thank you Mr. President. We went through senator Apodaca's series of amendments very quickly, but as I understand we ain't any amendments as it dealt with his air monitors, so nothing factually has changed in this bill from yesterday to today. Yesterday Inner said they didn't want us to have this provision in the bill, I just read the letter that senator Apadoca referred to on the dashboard and now Dina has miraculously said we're fine with this provision. Clearly somebody's arms has been twisted I'd like to see how bruise they're behind their back, so they've changed their position on air quality monitors, but it doesn't change the fundamental fact. We're getting lid of half of the monitors that measure the quality of the air Air that we breath they are looking for all manner of toxins, to get lid of those these are the ones that are already built they exist they are operating public cause a dine to operate these things once already built. To get lid of those air quality monitors what we are doing is denying scientist the information to know what is it air that we breathe. So when the're other provisions in this bill that actually impair air quality, we're not going to know if it's going to hurt folks. And people with asthma, and that would be older people and younger people, they have the potential to suffer more because of this provision. does have flexibility where to allocate these inner monitors, and the EPA is going to impose requirements on things that they have to measure, So yes has flexibility to measure what is the pressing moment of the day, allow them to have that discretion so that they where they want to move monitors they can, where they want to keep monitors they can, even if the EPA doesn't require them, If we enact this provision as part of the law. There's no discretion, we have taken, we have legislated the Dinah how to do their jobs, we've taken the discretion away. It's says you can't have an air monitor that doesn't required by federal law, that's exceedingly short sighted and potentially dangerous to the health of our people. I support this amendment. Senator Wade for what purpose do you rise? Speak on my amendment. Senator Wade you have the floor to speak to the amendment. Well, let's go back on a little bit of history here in 2010, the APA recommended that Dinah shut down the unnecessary regional air monitors and to deploy their resources to local monitoring. In 2011, Dinah acknowledged in a memo that the APA had recommended this move, Thingers supported this strategy to increase health protection and air monitoring within the local sampling also Dinah acknowledges that they are trying to move in this direction but after five years they have not done it this bill would help them move to meet their EPA recommendations and put error monitoring more the local level where we will be able to detect problems within the air quality at a local level, also Dinah supports this bill after the amendment is my understanding we have a memo to that effect and I will let Senator Apodaca speak to that that we have a memo that they do support not only the ambient air monitoring that beheld the entire Bill, I would ask you not to support the amendment. Senator Smith-Ingram your purpose arise?

To speak to the amendment a second time. You first time explained at your amendment you can speak to it this time you have the to speak to the amendment senator. Thank you, members of minority or low income families especially children of those families are significantly more likely to be diagnosed with and die from athsma and their white counterparts. African American adults are 2.7 times more likely to die from asthma, than Hispanic white adults, in recent years we've seen asthma related death rates of African American children at seven times that of non Hispanic white children. There was nothing within the section as it relates to ambient and air monitoring that limits the closing of some of these monitors to just the regional ones, there are many on the local level. These monitors are placed in areas who have a historical presence of air quality problems in minority communities, in low income communities. We have a sacred trust as legislators to protect the heath state being and well being I urge you to support this amendment. Having any further discussion or debate on the amendment? Senator Wales for what purpose of your rise? Speak to the amendment. Senator Wales you have the floor to speak to the amendment. Thank you Mr. President I need to make a note about this debate, it's been suggested that there is some kind of anti poor people issue I will point out that what I understand to be the largest coal fire generation plant in the state of North Carolina is in my district. The Martial Stane[sp?] Plant generates 2, 090 megawatts could serve approximately 2 million homes. It is sandwiched by Shell, Ford and [xx] which consistently rank among the highest income ZIP codes the the Charlotte region. Do we have any further discussion debate? Senator Wade for what purpose of your rise? Speak on the amendment. Senator Wade you already spoke to the amendment one time anybody else would like to speak to the amendment? Senator Tucker for what purpose of your rise? Mr. President ask senator Wade a question. Senator Wade, do you yield? I do. Senator Wade, in this air quality monitors which I have seen around, isn't the state doing everything as required by EPA which I consider not to be a lenient agency of the federal government. Are we doing everything we're supposed to do in air quality monitoring and Are some of this air monitors redundant? Senator Tucker, I would say yes we are in places that we feel we need to made and put up temporary air monitor if there's been a report of a problem. So, am I considering the followup question? Senator Wade do you yield for followup? Yes I do. So, my assumption would be that you're full clean air? I Mr. President, yes sir. Thank you. Do we have any further discussion or debate on amendment 8? Hearing none, question for the Senate is adoption of amendment 8 all in favor vote aye, oppose vote no, five seconds to be allowed for the voting and the clerk will record the vote. Senator Radel, Radel. You just thumbs up or thumbs down senator. No Radel aye. Senator radel aye. 15 having voted in the affirmative And 29 in the negative amendment eight fails, the bill as amended is back before the body.  Mr. President Senator McKissick, for what purpose do you rise? Send forth for amendment, you can send forward your amendment. Clerk will read. Senator McKissick moves to amend the bill.  Senator McKissick is recognized to speak to the amendment.  This is a pretty straight forward amendment. What it would essentially do is maintain the status quo in terms of the award of attorneys fees in cases that are applicable in the new provisions of this act. Under the act as it is now proposed, what it would essentially do is change the way attorneys fees awarded in case dealing with environmental regulations as well as transportation type cases. It would essentially say that the state is involved in that type of litigation if the state is the prevailing party, then the other party, the private litigant will be in charge for paying the states attorney. Face, of course it does not allow at all for any type of ambiguity. I want to say that it doesn't

allow for ambiguity, I think it would be one thing if you were to put forth legislation instead of a case that was brought against the state was frivolous, it was completely frivolous, it's meaningless. It should not have wasted the court's time to litigate it, perhaps order to  it would be appropriate, it would also be appropriate if it was discretionary with the judge, but in this particular it's ablicatory. And there are many cases that come for a court where there is a lot of Gray area it can be pretty even odds,  you don't know know what the ayes will be prevailing or not. But it could have a very very chilly impact, upon private litigants to go into court to challenge a particular law on a very appropriate circumstances and perhaps just not be able to get all the. the evidence and they need for whatever the reasons maybe, maybe exports might not be available that they anticipated testifying or other factors that were unknown become obvious doing the cost of regation or doing the trial and those are circumstances what might have been a case that could have resulted and a positive outcome for that redigan being reversed you don't know what to be charged rules. I think it's best if we leave this alone is best if we let the status quo continue as part of our policy if we are going to shift it it needs to be either discorrectionary with the court are only in cases where there's a frivolous case being brought against the state or attorneys who should be awarded. I ask for your support for this amendment. senator Apodaca for what purpose does you rise? Speak on the amendment Senator Apodaca has the floor to speak to the amendment I like to encourage everyone to vote against this amendment, thank you. Any further discussion or debate? Hearing none the question for the senate is adoption of amendment nine all in favour aye oppose to vote no five second to be allowed for the voting the Clerk will record the vote. 15 having gone to the affirmative and the 29 in the negative amendmnet nine fails the door as amended is back before the body. Senator Waddell for what purpose of your rise?   [xx] amendment You can send forward your amendment senator clerk will read Senator Warren moves to amend the bill Senator Wood is recognized to explain the amendment Thank you Mr. President, this amendment will remove sections 4.18 to 4.19 from the bill it speaks to some of our water requirements but first is the isolated wetlands, I think we all understand the importance of isolated wetlands both in protecting environment but also for economic purposes for fish, for timber number of different industries, the section clarifies what was adopted by this general assembly last session Dinas already implement [xx] program in the manner that's prescribe here, why would we jump a gun, I think we should let dina do its job this provision will actually eliminate as protection for 12 of the 14 types of isolated wet lands and raise the equates the threshold for wind mitigation must be done to one acre for the entire state. Most isolated wetlands are under acre, so this effectively eliminate state protections for these isolated wetlands which is a very poor part of our system. Section 419 speaks to the costal water requirements and it changes the low density threshold from 12% up to 24%. Senator Apodaca offered an amendment that provides for study of this provision, that seems like a reasonable thing,  so why not just remove the protection while we're studying it I urge you to support the amendment. Senator Brown for what purpose of your rise? Speak briefly to the amendment.  Senator Brown you have the floor to speak to the amendment. Senator Woodard I appreciate your concerns and of course you live on the coast you have these concerns probably more than most because we have issues that are a little different than most, but the 24%, the 12% I'll just give you little history. There were a lot of lots being sold as the coast was developing, and a lot of people were paying a lot of money for some of these lots, and some of these lots were maybe a quarter of a size an acre and when they bought the lots so they could on build them, only about 24 % of them basically. Then the law all of a sudden changed and it went to 12%, and in most cases or in a lot the cases anyway, it put them in a position they could no longer even build on lots. So we had cases where people paid $2, $3, or $400, 000 for lots on the coast and they became worthless, you couldn't build on them any longer. I don't think that was quite fair,

so I think it's a good provision what the amendment did do is put this off for another year, make sure, study it a little bit longer, make sure it makes good sense, and I agreed with that amendment but it's a real concern on the coast and it's been an economic loss for a lot of people that invested on the coast. I would ask you to vote yes in the amendment. Do we have any further discussion or debate on amendment 10? Hearing none the question for the senate is the adoption amendment 10 all in favor vote aye oppose vote no five second be allowed for the voting and the clerk will record the vote. Apodoca no, McKissick McKissick, Senator McKissick. 14 having voted in the affirmative and 29 in the negative, amendment 10 fails. The bill as amended is back before the body. Senator Wells, for what purpose do you rise? Send forth an amendment. Senator Wells you can send forward your amendment. It's on the dashboard. Clerk will read. Senator Wells moves to amend the bill. Senator Wells is recognized to explain the amendment. Thank you Mr. President. I'd like to give you a little personal note here. I happen to live in MSA of Forsy county, MSA of 365, 000. We were once one of the highest manufacturing intensive areas in the country. Between 2000 and 2010 that MSA with 365, 000 people lost 30, 000 jobs, attract MSA jobs data across the state. With one exception no member understands what that's like. Around that same time in 2011, the General Assembly passed House Bill 45 which allowed manufacturing sites, and electric generation sites to perform risk based cleanups. Earlier legislation prior to that had long allowed site risk based cleanups for contamination at sites due to underground storage tanks, former gas stations, or dry cleaners. After 2011 the legislation did not allow is the use of risk based mediation for off-site cleanup, sites adjacent to manufacturing sites. The bill does eliminate that constraint in page 22 lines 48 however elsewhere in the bill, it says in multiple places that cleaning up sites specific risk based standards can only occur in a manufacturing site itself not only adjoining property, which just puts us right back where we all are with House Bill 45. So what is happening? Nothing and so they are encouraging more cleaned up to take place and putting contaminated property back in the productive use which is just going to maintain the status quo. Very few of any additional clean ups will be undertaken without this amended. We have to decide do we want this site cleaned up or not, if so I ask for your support for this amendment, what it does is allows clean ups on jaysered properties to be performed on a site specific with base standards. We have to have the written concern of the adjoining property owner. Nothing happens without the adjourning property and its consent. In this case where the property and refuses to give the such consent, the clean up must as to be the unrestricted use standards the highest most restrictive clean up standard, but most of these manufacturing sites that are located within municipalities they have public order available, we are not talking about fox drinking out of wills anywhere close to these sites. So what that lands is forcing sites to go back to as if there were people drinking from well water on this site is a level of clean up that is unaffordable and it is not happening and will not happen I think this change significantly I so the clean ups in all industrial properties in my district and across North Carolina and it is addressed in the dinner later in the dashboard ask for your support. To debate on the amendment, Senator Stein your purpose arise? To see the amendment sponsor you yield for a question. Senator Louis you yields? I yield. Thank you Senator Rose you are taking a three pages out of this 54 page bill and at the end seven pages. What is the difference between The seven pages you're adding in, versus the three pages you're taking out because of course we're just seeing this right now for the first time.  The difference is to, make all the language conform with that initial language in page 22 line 48, as I said there is conflicting language inside this bill. Just makes it uniform and thereby

allows this reception for mediation off site, on sites adjacent where the prune might have run to a neighbouring property.  Any further discussion or debate on the amendment? Hearing none the question for the senate is the adoption amendment 11, all in favour vote aye, oppose vote no, five seconds to be allowed for the voting and the Clerk records the vote. Block I, clerk no Ford no, Soucek aye 29 having voted n the affirmative and 15 in the negative amendment 11 is adopted, the bill as amendment is back before the body. Senator Stein for what purpose do you rise? Send forward an amendment. Senator Stein you can send forward an amendment, clerk will read. Senator Stein moves to amend the bill. Senator Stein is recognized to explain the amendment. Thank you Mr. President, members of the senate. This amendment concerns section 4.31 has to do with the mitigation requirement for intermittent streams, and what it does is delete that section. North Carolina has 7, 400 miles of intermediate streams in fact more than half of all waterways, streams waterways, in North Carolina are intermittent. Dina says that there are significance benefits downstream, water quality and to aquatic life of intermittent streams. United States [xx] Service says that intermittent streams protection are essential for pollution control strategies 4.7 million North Carolinian's drink water that relay on intermediate streams it is essential that we protect water quality that touch in the main streams and to eliminate mitigation for impact on the main stream will have won a fact, it will impair the quality the water we drink. Ask you to support this amendment, Mr. President. Senator Brock for what purpose do you rise? To speak to the amendment. Senator Brock has the floor to speak to the amendment. To put water entering its stream is at the layman's term is a ditch. It doesn't, it's not water that doesn't flow all year round. The EPA doesn't require us to look at this, it's not EPA regulation. We already heard of what top regulation that has been passed under the current administration. This is just adding more and more regulations that cost jobs I know of a particular project that was going into our county in Eastern North Carolina, literally a county that was going broke and actually went to another county that county was in top shape too, luckily we got a hearing that didn't go across to Virginia which was their next choice and this project it have a lot jobs from tax base for that town and it was a ditch it was quality inteminutes stream the ditch that was in question was dug by a man who was 76 at the time when this happened 60 years before when he was a 16 year old boy and as Daddy made him dig a ditch on the firm they keep him out of trouble. That was interminute stream that almost cost North Carolina a lot jobs but it cost that one county jobs and about $20 million distribution plan I urge to vote against the amendment. Senator Floyd for what purpose of rise? See id senator Broke would yield for a question. Senator Broke do you yield? I will. Did I understand you to say that ditch monitoring is costing the state jobs? In this particular case senator Ford in this North Carolina company was looking at putting a distribution facility it actually went across the county run into another North Carolina county because of a ditch, because of what was deemed in North Carolina into amended stream which is a ditch which means that doesn't care water, 12 months out a year and the plant almost went across the line into Virginia, but luckily it's a good North Carolina company that decided to keep it here in North Carolina to help us out and in growth for they decided to keep here in North Carolina and I list the plant to Virginia. Any further discussion or debate? in amendment 12. Senator Waddell for what your purpose arise? I'm just looking at page 44, I'm sorry debate the amendment. Senator Waddell you have the floor We were talking about digits here, but as I look at page 44 of the Bill that specifically excludes digits from this conversation

so we really we're talking about imminent streams and ditches as senator Breaux say I urge you o support the amendment Are there any further discussion or debate amendment 12, senator Rabin for what purpose do you rise? To speak on the amendment You have the floor Strains of the economic cost of that I have experience grants the senator Brock does work close the economic development and a lot of money and projects will stop and drive this all because there has been a stream of mediation I urge you go along the not do the amendment. Do we have any discussion or debate on amendment 12? hearing none the question for the senate is the adoption of amendment 12 all in favor vote aye oppose vote no, five second be allowed for the voting the clerk will record the vote. Newton Curtis no, 15 having voted the affirmative and 28 in the negative amendment, 12 fails the bill as amended is back before the body Senator Brain for what purpose does you rise? Send forward an amendment Senator Brian you can Send forward the amendment. I think it should be there and hopefully on the dashboard. Clerk will read. Senator Brain move to amend the bill. Senator Bryant is recognized to explain the amendment. This amendment does two things, and members the first senates repeals the provision that eliminates the recycling requirement for discarded computer and electronic equipment. And this will also save counties money to continue that thing. Our electronic recycling is now an established service in North Carolina, that is basically available to all North Carolinians because of these provisions that we are now excluding, of which setup electronic recycling program and it has fees in it that fund an electronic In recycling fund that is usable for Dina's management of the electronic recycling program and to fund and this electronic recycling program in over 120 of our county and our cities, have these municipal recycling programs so, this recycling is now available to every citizen. The local government program are collected almost 15000 tons of electronic waste from citizens, and the manufacturer and retail programs collected an additional 5000 tons but you see from that that 70 something percent, almost 75% of the electronics that are recycled or done by these local government programs. If we eliminate these programs, our counties and local governments would not be able to continue the recycling programs. The other benefits of these recycling programs is that we. We have one of the most robust recycling private industries in the state. These industries do not collect the recyclables, they contract with our local governments and manufacturers and retailers to handle these recyclables. But this industry has around almost 400 jobs it provides, and 30 millions of investment. So not only what we're doing going to make these electronics end up in our landfills with all kind of toxic components to them that will be in our landfills, we're also minimizing and putting at risk this robust industry that this recycling program has developed. The other thing I want to emphasize is that I know in my community that individuals are not going to be taking this. TVs and computers to best bar, I want to finish my remarks I will take a question, I don't if you was ask me a question. Senator Wade do you want to answer question? If you send your remarks pert.... I just want to finish because I'm maturing a thought because I got another provision and then maybe have..... You have the floor senator. The other issue being raised was that you could take this back for example we will now take this recycle boss for free because they can make money on number best buy ford of research done by

some of our staffs, they only accepts these electronics first of all from residential customers they don't pick up these items unless you have some arrangement with them on some equipment that you buy from them that makes it worthwhile for them to pick them up and they don't take all of these electronic items, only some of them, they don't console TVs, front projection Vix screen TVs, rear projection screen TVs, certain batteriies they don't take [xx]. So are there it's not that you can just go to bar by and in my community we have a best bar I would have to go Wilson to set up new community they even get a best bar, that's number one, so there isn't a private, a market solution of all these issue and it would gain endanger our ground water by this stuff being in our slant fields and also put a game putting a burden and act now and [xx] on our counties and our local governments if they want to continue this. So that's what that first line would do, it would repeal that provision on the recycling of electronics. The second line of this amendment repeals the energy audit provisioned that we repeal or eliminates our repeal of the energy audit provision, its so hard this stuff we're eliminating so many things it's hard to get the language right about what we're doing and it's interesting in the second provision and I'm assuming you can follow the page and line numbers in the amendment I'm not repeating those for you but the  interesting thing about this energy or its provision is that we keep the energy saving initiative in the law but we strike the provisions in the law that require an energy audit every five years to be done under the parameter decided upon by department of administration and the energy office we repeal that audit and the energy safety initiative that we mandate our facilities, our agencies and through that with their facility to engage in the pins and part or having an energy audit I hope that make sense and we eliminate that order provision and it remind me of a match of the one of my a corporate client pays what he's measure get done so it is going to be hard to continue the aggressive energy savings we have been achieving as in our facility if we don't have the energy audit process as a way to monitor what needed to be done and what has  been  be accomplished and what what needed to be done, most recently report on our utility save and initiative indicate that we spend over $344 million or energy cost in our building and through the saving in part which comes from having the audit we have said in 13/14 we saved a $154 million that a whole lot of million of dollar that we have saved that will be important this energy audit is costing anything that it may cost some staff time but  is well worth it if we save $154 million is only every five years is nominate an important measurement process in our energy saving initiative and for that reason I will want to eliminate our striking those lands from the energy saving initiative and that's what this amendment will do and I'm happy to answer senator Wades question if he still has one. Senator Tillman for what purpose do you rise? Speak on the amendment. Senator Tillman has the floor to speak to the amendment. Senator we got to love you that speech I don't who wrote it for you. You mentioned a train of folks? Well that train I missed the tracks on that one that amendment needs to die a nice sweet death and I'll help bring the flowers. Are we having any further discussion or debate? Senator Wade for what purpose do you rise? Speak on the amendment. Senator Wade has the floor to speak to the amendment. I just want to be sure that everyone knows that the electronic equipment is still banned from the landfill this doesn't change that and that each state agency and university is required to implement measures to reduce energy consumption. It doesn't change that also and I would ask you to vote against the amendment. Senator Raul has an excused absence before we vote Senator Bryant for what purpose do you rise?

To speak on the,  you have the floor to speak to the amendment senator. I just wanted to point out that our local governments in institute fees we will just be shifting the burden from the manufacturers who make the profits on these equipments to the citizens because the counties and local government and the got have fees to citizens and or raise taxes to keep things out of lane and get this where they need to get, Because there is not a provision to make the people in my neighbourhood get in somewhere so they will  just be out of the car. Any further discussion or debate on amendment 13?  Hearing none the question for the senate is the adoption of amendment 13 all in favour will vote aye, oppose no five seconds will be allowed for the voting the clerk will record the vote. 14 having voted on the affirmative and 29 in the negative the amendment. 13 fails and the bill as amended is back before the body. Do we  have any further discussion or debate on the bill? hearing none the question for the senate is the passage of the senate committee substitute House bill 765 as amended on second reading all in favor will vote aye opposed will vote no, five seconds to be allowed for voting, the clerk will record the vote. Senator Smith, no, Senator Clerk, no, 29 having voted in the affirmative and  14 in the negative segment substitute the house bill 76, senator Hyse, I 30 having voted in the affirmative and 14 in the negative. Senate Committee Substitute to House Bill 765 passes its second reading Senator Wade did you want to object a third reading? Yes sir Mr. President. Senator Wade objects a third reading and it will remain on the calendar. And that wraps for our calendar for the day, do we have any notices or announcements? Mr. President. Senator McKissick for what purpose do you rise? Earlier today I objected a third reading on House Bill 201, I've since spoken with Senator Wells and representatives of the Home Builders Association. They indicated in the communities that do have opportunities within their charters today that allow for protest petitions if they want to reinstate them with the appropriate checks and balances, they would not have objections with those type of bills going forward with that understanding I will remove my objection the third reading. Yes sir. Mr. President, I'm having a hard time hearing all that is racked out, so I may be want a recess amendment and see if it quay's down. Senator how long are you want recess for? 15-30 minutes I don't know, what do you think?  I'm sorry I cant hear for the noise. senator do have a reassess for 15, senators on what you are asking for 15 minutes, we will reassess in 15 minutes will be back at five minute after, Senator [xx] could you come to the dais please? Senate will come to order. Mr. President Senator  Apodaca what purpose do you rise? I move we adjourn. Senator Apodaca moves that we adjourn for the day, the Senate will stand adjourned so senator Berger's recognized for a motion. thank you Mr. President I move that the adjournment be subject to standard stipulation set forth in senate rule 24.1 receive of committee report appointment of conferees ratification bills to see receive of house messages and we reconvene on Thursday July 2nd, 2015 at 11 AM. [xx] senate now adjourns subject to the stipulation [xx] to reconvene Thursday July 2nd at 11 AM second by senator Apadoca on favor say aye,  Aye! Oppose no the ayes have it senate stand adjourns.