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House | September 28, 2015 | Committee Room | Rules, Calendar and Operations

Full MP3 Audio File

Members, the Chair would like to thank all the members for their attendance, we appreciate the members of the public that are here as well, appreciation to our senate of staff and our Sergeant of Arms for the assistance, rules[sp?] will be meeting today to hear various bills and going into recess much like we did on Thursday of last week. The order of the first Bills to be considered today will be Senate Bill 670, and then Senate Bill 313, and then House Bill 805. Senate Bill 670 is before the community and Senator Apodaca is recognized to explain the Bill and we are pleased to the House rules committee so that you can learn how effective and efficient this committee is in the operator. Thank you, thank you Mr Chairman and a much finer group of members I must say than we have in arena[sp?].  This is much finer in a group and a smarter better looking than the senate. Most committee, we get the ones that cant do anything else there. Okay. This is a simple bill we filed a few months ago as tone limits for board of governors. Each year or every two years when we go to the election process, we find out that we had minimal folks that want to be on the board of governors then we have slots for. I think it's even a larger problem in the senate, we have three members that this will possibly affect. Out of the 32 member board of governors the other three are in the senate. So this something that past rather hand delay, we would love to allow other folks to serve on the board of governors, we think 12 years is plenty, and that's what it is I asked for your support, thank you. Members are there inquiries for the bill sponsor Representative [xx] for what purpose? The gentleman is recognized for an inquiry or a comment.  Question to the Yes I 'm sure you all to talk about all this just [xx] That's a great question, we thought we really wanted to go for, we thought two terms was enough, but since we had someone already serving and all we wanted to allow them to finish their second term so we thought well it was a good compromise. Thank you.   Representative Daughtry for what purpose?  I move to make a motion. Representative Daughtry is recognized for a motion.   Move senate bill 670 be given a favorable. [xx]   The gentleman from Johnston has moved that senate bill 670 be given a favorable report for discussion, further debate for what purpose does representative Hall seek recognition? Question the bill sponsor. The gentleman is recognised for an inquiry Yes Sir.  Thanks you Senator I just want to ask a question about, can the bidding recommendation from the board [xx] No Representative Paul honestly we did not go to them with this.   Representative Sam for a purpose gentlemen to seek recognition.  The gentlemen has the floor to debate the motion. If this were a self perpetuating board, the older favourable, functionally self perpetuating for example like the House of Senate, we just keep running but I'm just wondering if this is you don't have to re-elect them to a fourth term and I know the [xx] is very complicated, I know this is our 15th year, three or four years perhaps before I had any idea of what it was the people were doing to me and six to seven years before I figured out how to do the math it is one [xx] this year that I finally figured out to live. I'm just wondering why not elect people if you don't want serve more terms? What's the reason? Representative Stan is that a rhetorical question or do you wish Representative the bill sponsor to, does the bill sponsor desire to comment? [xx] comment, briefly. The gentleman is recognized. Representative Stan on the boards of trustees at our various institutions, I think we limit it to what? Two, four year terms, and then they had to step down. In the community college system on

the big board I think it's no regulation, and we have some folks that have been there I guess 20, 30 years and I will make argument to you that's not healthy for any board that have that kind of oversight of have someone on that board that long. I just think as we move through you can grow it off. We answer every two years here to the voters, and they change us every two some people feel pressured to vote for certain Board of Governor members because they may very politically active is hard to say no, that's another element of it. So I just and the Senate talk that three times was enogh pull the notch. Representative Stem, for what purpose? The gentleman is recognized for one last thing. I actually may have the record here on the assembly. I mean I know about the [xx] They knew what they were doing. But, Here, there are no jury [xx]. There are no [xx]. I'm speaking for example Kenneth More, how long did he serve as senate [xx], Kenneth More who understood the budget. [xx]. What will we do without Liam? So anyway, it's obviously just a matter of discretion or judgement, I would like a stronger take for doing this because UNC is so confident. Further discussion, further debate on the motion from gentleman from Johnston, if none Representative Apodaca has moved house bill 670 be given a favorable report, those favoring the motion will signify by saying aye, Aye. Those opposed will signify by saying no [xx] the Chair, the ayes have it. The bill be reported favorably. Thank you senator Apodaca. Members we are going to move now to senate bill 313. There is a proposed committee substitute without objection the proposed committee substitute is before the committee and members should have copies Representative to Collins is recognized to present the proposed committee substitute to Senate bill 313. Thank you Mr. Chairman. This is an economic opportunity bill for our agricultural sector. The purpose of this bill is described very clearly on the very first page, beginning on 116 versus a this article to establish an agricultural program cultivation of industrial hemp in the state to provide for reporting to the program by growers and processors for agriculture and other research, and to pursue any federal permits or whatever is necessary to allow industrial hemp to be grown in the State. Also the other most [xx] would be on page three, lines 19-28 describe how this program is self-funding it doesn't require state money. So [xx] background is in order so you know [xx] if you listen first. The United States is the world's largest importer of [xx] most which comes from China, and last year over $600, 000, 000 [xx] products were sold in the United States. North Carolina's climate made it one of the leading producers of [xx] alongside can turkey and Tennessee in the past in passing the 24 bill congress legalized the growth  for cultivation of hemp consent containing three tents of one percent of less THC provided the state with allow such programs currently North Carolina  does not. With over 25, 000 users the answer is incredible versatile agricultural crops, in fact during the colonial error camp was considered to be so important that, United States required of the thermal US calling required farmers to get to get the growth rate  for THC  for not growing it. In world war II the US government launched the  hertha victory campaign to encourage farmers to apply for special license to grow hempthat to be used raw production in the navy. North Carolina's  has been growing the ideal for the production of hemp. It fits well into the soya bean and corn crop rotation cycles, and for all environmentalist among us, it's planted in rotation before soya beans and corn of the pesticide, saving on chemical use and increasing crop yield. It was very similar to tobacco and requires much of the same equipment making it an alternative for North Carolina tobacco growers who've had their contracts cut, spring hold from North Carolina part of which is in my district is home to the largest decortication plant in North Carolina. Decortication is the process by which camp fibre is moved from the stock because the profitability of cultivating hemps fibre is largely dependent upon proximity to a decortication facility.

The spring hold facility will give North Carolina farmers a leg up in this sector of the hemp industry. For what purpose does the gentle, man from Gaston seek recognition? To present our question.  Does the gentleman yield? I yield. He yields. We've heard that and we've read the bill and we understand that the size and the usefulness of it, but you know there's another connotation out there that goes longer than what you're talking about and I would ask respectfully, if you would cheer with us to rest my mind and to rest the minds of people in the audience that this is not something that can be used in any shape, form or fashion that could be assimilated with the use of marijuana, that's Yes and thank you for that question. And of course, I think you know me well enough to know if it were, I wouldn't be pushing this bill. If you'll notice, the congress passed said the industrial hamper has to contain three pints or 1% or less of THC. That's a third of the 0.9% limit that we put on the calendar so that we allow procedure, the law that we passed last year, which is still way below the amount that it takes to get any kind of high from THC but no this is not a product that can be used for intoxication purposes or anything like that absolutely. . Representative [xx] we wanted to add it to the Agg bill but that really got hang up all over the place and eventually wind up kind of getting shout out this week so that's why that's why it wasn't her nag. Follow up. The gentleman is recognized. What in the bill vow individually based in it's own merit without having added to something one of the bill [xx] that. Some body had a. I did not personally file it as a separate bill No. Is Clerk aware that this bill is filled individually. I'm afraid we don't have an answer to that, we don't have a definitive answer so the Chair not aware if there was a bill filed. I just like to comment. This may be a bright idea but the hearing today [xx] any help [xx] or in the committee or in other committee was a [xx]. Respondant yeah moving after bill sponsor to respond to that and then go ahead with his OK. The last thing I was going to say. Was this bill was we have this bill has been drafted in consultation with the Agri department, in consultation with the sheriffs association and in consultation with the county commissioners association, none of which are in opposition this bill in fact I think somebody from the county commissioner association my even be here today to speak in favor of the bill. The last thing I wanted to tell you was just, with 25000 uses, I'm not going to give you all 25000, but let me just give you some examples of how versatile this product would be. Hemp is used in luxury vehicles to reduce road noise, it's used in clothing, shoes and handbags, lotion and beauty products fabric in fact the American flag  sold was made out of hemp and building materials in fact every installation has been shown to help asthma but there are, as I said, health and environmental reasons to wanting to use this product. It's using paper and cardboard. It's using CBD oil to assist in seizure disorders which we passed last year. It's used in corking, brake and clutch linings and it's used in bed sheets in fact some hospitals use hemp sheets because to reduce the risk of stuff infection, another health benefit. We're going to use this product in the United States whether we grow it or not. We're even going to keep importing from China, we're going to start importing it from Kentucky and other states that have jumped on the band wagon here or we are going to purchase it from our farmers who have an advantage because we have a decortication plant right here in North Carolina. So, I'm asking you to give our farmers a chance to do this and there may be someone from the public who want to speak on this. Mr. Chairman not 100% sure. Representative Ray for what purpose [xx] recognition? Thank you Mr. Chair to answer some of the question. Representative Carl and Representative Brady is recognized for a question to the sponsor. I know you spoke about the agriculture [xx] how about you form in here demolition of anything involved I do not know if they've taken a position on this or not. If anybody here would like to speak to that for them I would be happy to have them take their seats. Since the question was directed from a member to or regarding the stands of the

farm bureau the chair is going to recognize a representative from farm default to address the inquiry, if you would, would you state your name and your affiliation for the record I think. Mr. Shepherd is asking to hold so he can give you a microphone. And if there are other members of the public on this issue that want to speak if you let the sergeant at arms know that be appreciated by the chair. Thank you Mr. Chairman I'm Jake Parker North Carolina farm bureau. Those of you are familiar with our policy development process which comes from farmers out we don't have a policy specific to the production of industrial hemp in North Carolina. It's not been an issue that our membership has discussed in any serious way in the last few years, I know that's extraordinarily helpful to the committee but that's our position. Representative Boles. How about that for textile. So representative Boles has asked representative Fraley a question on how to textiles so the gentleman is recognized to respond. We looked at this fiber for textile products and added that number of years authority being processed in North Carolina, I think it's possible, thank you. Members being distributed to you at the moment is a purely technical amendment to this bill, the members have copies here that has the chair's name at the top of it is a bill it's an amendment S13 AMH 64 V2 moves to amend the bill on page four lines 45 through 46 by rewriting that line to read, "in compliance with rules issued by the Board of Agriculture upon the recommendation of the North Carolina Industrial Hemp Commission''. Do members have copies of that amendment. If not, Representative Stam moves adoption of the amendment. Is there discussion or debate on the amendment, seeing none, those who favoring the adoption of the amendment will signify by saying aye, Aye.  Those oppose will say no. In the opinion of the Chair, the ayes have it. The amendment is adopted. The Chair believes that Miss [xx] from the County Commissioners Association would like to speak on this bill, is that right, and if so madam if you just step forward just for the recording so you can state your name and affiliation and we're pleased to welcome you to the Rules Committee. Thank you, Mr. Chairman. I'm Joanna Reese of the Association of County Commissioners and the association is supportive of this bill, it is on our legislative agenda, we have number of counties who think this will be a good economic opportunity for many of our farmers who are looking for small alternative crops. Thank you. and Mrs. Sanders you would state your name please for filiation. Sure, my name is Amanda and I represent the North Carolina Industrial Hemp Association. We would definitely urge your support of this bill, I do want to talk on what Representative Collins had said earlier There are 23 states now that have something relating to losing restriction on industrial harping Kentucky and Tennessee to our major competitors already have successful pilot programs underway, the other thing he had mentioned was the dequadication facility, I did want to point out that that is the only one in the united states right now and it is the largest one in all of North America so thank you very much. Members of the committee are their Representative Floyd, for what purpose does the gentleman seek recognition? Just to ask if [xx] The gentleman is recognized to propose an inquiry. Of course it's [xx] The de-quotation plant, it's in Springhook, North Carolina line about 25 miles East of here. You know where that is, I'm sure Representative Floyd Are there further discussions, are there further inquiries? If not, Representative Stam moves that the proposed committee substitute as amended senate bill 313 be read into a new proposed committee substitute and that that new proposed committee substitute for senate bill 313 be given a favorable report, unfavorable to the original bill. Is there further discussion or debate on the motion gentleman from Wake, seeing none

those in favor will say aye. Aye. Those opposed will say no, by any chance the ayes have it, the motion carries. Thank you. Member of the house, we're now going to move to House bill 805. House Bill 805 is before the committee, the Chair will recognize Representatives Avila and Blackwell to present the bill in the order of their choosing.  Thank you, Mr. Chairman. This bill comes to you from Reg reform, it was actually heard twice for Reg Reform. The first time it was on for discussion only and no vote, and after that we also had sometime that we spent in talking further with program evaluation division and with OSBM to be sure that they had no objections to this. It came back before Reg Reform and my best recollection is it is before you without any any opposition from that committee. The bill represents a simple premise and that is that as we have various programs either new ones or existing ones, that it would be helpful if we had independent assessment, of whether programs are actually achieving the mission or the goal that was established when the program was instituted. And this simply would set up a process in which OSBM working with PED, would indicate or identify what might be [xx] like a stable of independent assessors who would be available, and then as the legislature passes legislation, if it wanted to utilize the system of having an independent accessory involved in the process and the data collection, to produce some results that we could then be better informed in judging the equality of the programme on board, then OSBM and PED would take from that stable of independent access source in order to identify one to work with the program. For what purpose does the gentleman from Wayne. Thank you Mr. Chairman we've got a great discussion just a little strides and just to get good bill at an appropriate time I would like to make a motion. The Chair reached the appropriate time so representative bill moves that house bill 805 be given a favorable report, is there further discussion or debate on the motion from the gentleman from Wayne? Seeing none the question for the senate before the committee is the motion from the gentleman from Wayne to give house bill 805 a favor report. Those favoring the motion will say Aye. Aye. Those opposed will say No. If it's clear the ayes have it the bill will be reported today most probably. Thank you. Members for your planning bill 95 is being removed from today's calendar. It will not be heard. We will now move in to Senate Bill 524 and that will be the last bill that we were be able to take up before the committee has to go into recess. So we move into Senate Bill 524 and Representative Stam is recognized to present. There is a proposed committee There is a proposed committee substitute that's before the committee. Without objection, so ordered. Thank you, Mr. Chairman. I do have two it is away that had a sponsor we get we passed out but I will mention them as we go along if you notice one of the titles of this is prescription eye wear, that was just added to the last PCS, and that will be amended out there's still some issues on that so is what peaked your curiosity, hopefully that will no longer be in it, only having been in it for about 18 hours In 2011, we passed the Founding Principles act, which basically requires some civic literacy for children before they graduate from the high school, and section one of this bill I had some additional phase that we asked them to be taught, I believe that to the American history class. I will be having an amendment to take out item O on line 32 just thought it was a little vague and a little loosey-goosey for statute. So I will be asking due to the take out that particular. Section two of the bills, well again, will be out. Section three relates to

adaptive sports and allows department of DPI to use $300, 000 for squash programs for special need kids. The House had this provision in its budget. The Senate passed the bill through education that has the same provision in it that the primaries [xx] Senator Apodaca, but he did not indicate that in the budget, so hopefully what those sides have agreed to and that actually become law and if you made it still in line 10 of the last page, there's actually some language or letter advice from the department of education. So the right division asking that we do something like this to avoid the being a non compliant. So Mr. Chairman if I could offer my first two amendments when you want to. Representative Stan is recognized to send forth an amendment S524-ATB-40 version 1. Gentleman is recognized to explain the amendment. It's the lead Section 2 about the prescription eye wear which was not in any of the previous versions until last night. So to [xx] take it out. Are there further discussions or debate on the Stan amendments number one? Representative Sozka not Shakey. Thank you Mr. Chair just to head that conclusion that [xx] separate bill somewhere that got put in here. Was that something new or what?  As far as I know, it was added last night and vote to take it out this morning. Does anybody know if it was in any bill? It was not so it should come out. Just a follow up. The gentleman's recognized. Was there any objection other than to the process. Senator Curtis, who is an optometrist, called me this morning and said the board of optometry has some issues and questions about it, so they would prefer to deal with it in the short session. Thank you. Further discussion or debate on the stand amendment number one. Seeing none, those favoring adoption of the amendment will say aye. Aye. Those opposed will say no. In the opinion of the Chair the ayes have it. The amendment is adopted representative Stam is recognised to send for the amendment F 524 - 8 TB - 39 version 1, Representative Stam display the memo makes up this chair of, I hope the people that always be vigilant but it is sort of a vague thing to put in the curriculum so I suggest we take out item O from the founding principle. I don't know how a teacher would be judged on whether they taught that, or not. Representative Stam has moved to amend Bill is special debate on standing order number two. Seeing none the question before committee is the adoption of the senate number two, those in favor will say aye?   Aye. Those opposed will say no. And the Chair the ayes have it and the motion is adopted, Representative Torbett for what purpose do you [xx] Representative Torbett is recognized for a query do you yield?   I yield. Representative Stam 81 line 26 item K. Would you mind explaining to me the constitutional limit on spend and a constitutional requirement to the payment of public I don't think there is any in the US constitution, but there is in the State constitution. So what they would have to teach here is State Constitution Limitations although they could also explain there isn't any in the U. S. Constitution, I may be wrong. The gentleman is recognized for follow up. I was looking at the, it looks like he was directing from the principles of the founding fathers, or the founding principles, and I'm assuming that you'll be directing that to the the founding of the United States, or would you also included the state structure as well. Definitely includes the state structure, North Carolina was in existence long before The United States of America, Follow up  Mr. Chairman The gentleman is recognized for followup. They probably didn't have founders prior to the establishment of United States, is there anywhere in the language that depicts the founder's intent relative to the state? I guess is what I'm saying is I concur with you but how we're telling them that they also have to teach the basic fundamentals of the state constitution. I think you pointed out something on line 14? I think you pointed out a good memo but we probably should take

out the words of The United States of America and just say founding principles if I could ask I didn't catch that, and I know when we discuss this about 6 months ago I think in education oversight when we were discussing how they were teaching it I send in the memos to the state board mentioning the station for example, on Judicial review they should mention why does 1787 decision before 1803 Marbury versus Madison in other words I think you made a good point gentleman is recognized. Thank you I would ask the chairman, alright not chairman but thepresenter that now I'm understanding I guess the major of the questions, would be opt to changes his thought over the amendment instead of excluding in our state America is simply adding n[sp?] the state in North Carolina. Thank you. Staff is going to prepare amendment to that end If you will representative Johnston[sp?], I saw Jackson's hand first. For what purpose do you seek recognition? To ask a question concerning the bill. Representative Stam, Representative Jackson is recognized for a series of inquiries and. Yes sir if I ask you about that bill money, with hundred values, and will ask you what do you believe. And that refers to Well, one of the provision to the U. S constitution is only the federal government may well correct currency and coins so by that was the reaction to various states that accepted to issue their own currencies and so that helps us with sound money not to let the state of North Carolina among others issue money, that's what Senate gives. It would be nice if they required sound money at the federal level but it doesn't, but it does require sound money at the State level which I think is why representative Torbett's idea is very good to be sure that we're including North Carolina law sd well. The gentleman's recognized for  follow up Seems like the debate about money with intrinsic value goes back to the gold days. Would you agree with me on that? It could be silver, it could bid coin, it could be things other than gold but it goes back to that same debate yes, The gentleman has the floor there was somebody from DPI or somebody from teachers curriculum they can tell us how they were teaching [xx] money with [xx] Is there a member here from the department of public construction, if so are the state board so, I think representative Jackson would like to ask a question perhaps you would like to state your name and affiliation for the record. Yes, good morning my name is Faith Gore, I'm the section chief for [xx] social studies representative department of public construction. Teaching money with intrinsic value will be taught in a philosophical way where we help kids understand that historically when we talk about money in transit value it will be at the golden, silver stand but there's also fear of money, so we would have to also include the fact that we create paper money that also has intransit value because we agree that it does alue, so we would have to teach it from a philosophical perspective. Representative jack, the gentleman is recognized his body. Not only the money has intristic value but the [inaudible] we're mandating be taught in class, but do you have an estimate of how much that is going to add to the curriculum. Are we talking about a day, two days? I seems like to me is a debate whether money has instrisic value or whether it has historical value or demand value value is pretty high level debate I just wonder how that feels like. Absolutely that is some kind of really complex ideas for kids at the High School Level, So I think if we depend on the teachers, and perhaps the PI willing to provide some additional support, so that teachers would understand how to teach that because that's not something that's traditionally taught. Representative Daughtry. From the same line of questions, KLMN, it's so

vague, I don't know how and it says you must be tall the MBa requires course as follows they have very vague subject I don't know how you can, maybe you can explain. I would think Iam would not be vague at all, it's that the ultimate authority is the civil, the president and the congress, we don't have coup d'etat we don't have [xx] tradition of like for example the Turkish military stepping in whenever the general assembly goes crazy so I don't think their problem, even apparently is from a speech by George Washington and then the debate [xx] mention would talk about mention we have some treaties and one of the nature of treaties and which one is entangled, I know you served in Turkey and is that right, Representative Daughtry? In intelligence since you're very intelligent up if you could say honest friendship with other nations, well actually I was always honest Let me explain this are subjects to be taught about, it doesn't mean that the students won't debate the ramification of this subjects, and the teacher wanted to talk about the intelligence activities of adultery in Turkey, they would certainly be free to do that Members, Representative Stern is recognized to send forward the amendment. The Chair will have copies prepared of members desire but if members would listen, we may not have to go through the expense of preparing copies. Representative Sam most to amend the bill on page one, line 14, rewriting the line to read "following founding principles of the United States of America, and the state of North Carolina, period" Members desire copies? Is there a discussion or debate on stand amendment number three? Seeing none, those favoring Stem's amendment number three will say aye.  Aye.  Those oppose will say no. And being the Chair the ayes have it and the amendment is adopted. Representative Jackson for what purpose the gentleman seek recognition. [xx] Representative Jackson is recognized to send forth an amendment do members have copies. Representative Jackson Louis to amend the bill on page one lines 28 through 30 two by rewriting the lines three do members have copies of this amendments? Representative Jackson you're recognized to explain your amendment. Thank you Mr. Chairman. My amendment is simply trying to create money with intrinsic diet from the list, I had prepared [xx] the wages lines 32 but staff tells me that, what we've already done was just being grossed. So the subject of my amendment is it will delete money with [xx] that you'll find out being told in [xx] across America not in [xx] I ask for your support. Representative Stem on the amendment? Voter [xx]. Representative Jackson, is there further discussion or debate on the amendment forth from Wake Representative Hastings, May I ask a question [xx] a person from DPI? [xx] Sir. I mean, these senates, [xx]? Absolutely. O, that all right. The money issue is already being discussed. if we work. Absolutely we teach both macro and microeconomics Thanks Further discussion debate on Jackson amendment seeing none those in favor of the Jackson amendment will say aye Aye Those opposed will say no No The opinion of the Chair the ayes have it the amendment is adopted. Is there further discussion or debate on Senate Bill 524 seeing none, Representative Stein moves that Senate Bill 524 as amended be given a favorable report, unfavorably to the original bill. Is there further discussion, or debate on the motion from the gentleman from [xx]? seeing none, the question before the committee is that the proposed committee substitute to Senate Bill 5, the proposed committee

substitute of Senate bill 524 as amended be given a favorable report, and favor to the original bill. Those in favor will say aye Aye Those opposed will say no. And being the Chair the ayes have it, the motion [xx]. Members, the committee is about to go into to recess. The chair will announce at what point we will return, it will be after the first half session of the day. With that the committee will stand to recess. [xx] [xx] [xx] [xx] [xx] Members of the house committee will lose current operation of the house will come back to order the Chair thanks the members and the members of the public for their patience, we're going to move now to our proposed committee substitute for senate bill 363, without objection the proposed committee substitute is to members is before the body. Before we begin, the chair was advised earlier, there are two members of the public who wish to speak on this bill and the chair will certainly recognize them after the bill sponsor presents the bill but members we are on the proposed committee substitute senate bill 363 the code on the bill is S 363 - PC 417-TD-49. The chair is going to recognize representative Jordan to to explain section one of the proposed committee substitute and then we move on from there Representative Jordan for section one. Thank you Mr Chairman first of all I want to begin, my and I understand the need for us all and appreciate the work that has been done probably on the expansion of highway 221 in our district, expansion by the way needed for the safety of the driver in increased commas that will happen because of there roads. We are impressed with the construction team working on 221, the various things they are doing they have minimized environmental impact. But this bill is due to a proposed location of an ashphalt plant in a river valley in Greendale Springs, where morning fog almost everyday holds in blue things and everything else over the Blue Ridge Parkway, you can see the language, my intention here is very specific in previous language was not mirrored enough, there's a lot of concern going around which I understand from the previous language, but here's what the language to sales and what I intended to say, I'm in no way attempting to harm existing businesses or the expansion of those existing businesses nor I'm I tempting to prohibit future businesses except for Polluting [xx] plants. In both [xx] of House District 93 citizens are facing the establishment of [xx] plants and in particularly unfortunate areas of the counties. Upon the request of the all political participation have been working for the past month on the language suggested by constituents to protects one of the most important economic assets of the high country, the  Blueridge parkway. From the [xx] hemisphere to [xx] plants and tens and hundreds of thousands tones of air pollutants hanging with the daily forge that is this tourist destination there could be. The language prohibits future [xx] plants via preventing their establishment within two miles of the center line of the Blueridge park way. I explicitly been working to exempt our grandfather in existing businesses and expansion of existing businesses and not affect any business other than air polluting [xx] plants and I'm not even affecting those industries unless they are located within two miles [xx] parkway. So section one you can read everything, after the date of the section, no new ASCO plant facility is required

to get an air quality permit from division of quality at Dina, that is located within two miles of the centre line of Blue ridge Parkway, shall commence operation or receive an initial permit from the division. Exiisting ASCO plants facilities permitted per of the affected date may continue to operate as permitted and shall not be elligible for any new accessory use and I want to confirm with staff because there have been inaccuracies in previous drafts of this. This language would prevent simply any new ASCO plant, within two miles of the Blue Ridge Parkway, from commencing operation, it does not think any other kind of industry queries, concrete, ready make, nothing else just ASCO plant and only new when it's going forward is that correct? That was my as well Mr Chairman I will ask a question o how you made the rest t of the bill another section. Members do you want to devote time on section one of this bill are there inquires for the bill sponsor. The Chair believes that there are two speakers who wanted to speak on section one of the bill in particular question to bill sponsor of I could? The gentleman is recognized for What is saying Mr. President about house bill to make them so undesirable but I guess this is equality, I leave withing the environment. Thank you representative Robinson, the concern is just the 150, 000 tones of export a year that the application is requesting permission for. Of the 150, 000 tones there is a approximately 62, 000 tons of sulphurdioxide 20, 000 tons of nitrogen oxides, 23, 000 tons of carbon monoxides there's violent to organic compounds from now behind Haloween, nazca lines, damsel, zipline, and we don't want this things gathering in the fog hanging there with the blue ridge parkway every day of the year into growing to the point that it had to certified by an engineer it was operated and was due for the particular plan it had 99% efficiency then what all particular matter Particular matter is it coming from the our operation representative Pablo am sorry that we apologizes have represented please state your purpose. A question to the bill sponsor. The gentleman is recognized for an inquiry to bill sponsor, How did you arrive at two miles? That was an amount suggested by my constituents, and it actually takes in both projects one that [xx] counties, out two counties are district three. Follow up, The gentleman is recognized, Do you know how far the plant that are trying to be installed are from the parkway? Yes I I do. The one we are talking about three quarters of a mile and the one in Window Springs apartment a mile and half I think. Representative Floyd, for what purpose does the gentleman seek recognition? You're not on section 1 of the bill. Representative Fraley, for what purpose? To ask the bill sponsors. Gentleman is recognised. On the ASCO plant that won the bill, have they already started any construction or build out of the facility. There are in the permitting process dealing with the locals or the state. The chair apologize representative Bumgardner. I just had a comment. I think it's a bad precedent for the General Assembly the telling private business owners what they can't do and that's what we're doing. We're telling people they can't build a business. They can't have an asphalt plant, which asphalt plants are very clean now compared to what they used to be. I know I run asphalt plants for 15 years back in the 80's and the 90's and they've come a long way. They have pollution control equipment like you wouldn't believe. They are very regulated They're inspects them all the time. Their staff have to be clean. They have pollution control equipment like you wouldn't believe and they are not inherently any worse than a whole lot of other businesses, and I

think it's bad move for us to say that somebody, you can't have a business in this State. It's the wrong thing to do. Yes, sir. The Bill sponsor's please remember I understand Representatives this only two miles from the parkway this is not in the entire county, its not entire region. Its simply two miles from the specific Blue Ridge parkway. Ate there further member comments, the chair believes that Ellis Powell and DJ Cecil I expect one to speak on part one of this bill, and if that's the case, if you would state your name for the record and you're recognized to speak up to three minutes.   My name is Ellis Powell I'm an executive director of Carolina Asphalt Pavement Association. I would just like to point out that there are existing federal and state regulations that Asphalt P governor their quality just as representative Bumgardener mentioned that Asphalt plantshave been innovated over time and they continue to innovate relative to pollution. of frequency, and they also can be tested at any point, that somebody says there's something not right here the other issue is that, if the producer last thought and your producer last thought  and you're particular too hot you are not going to produce mix that is in spec so there's a lot of testing that goes on and, so we would recommend that you don't single out that last line plants and this beautiful coral and ever there are many other beautiful corals across the  state and their quality and the rules and regulation is what we believe should govern. The this is also a president setting position and ruling it out here on this one court, and so if that was to go through what would be next, and so we would just say that we should stick with regulation at state and federal level. The air quality does Dana does a really good job, and they are looking after this very well. So thank you for time. Thank you, Sir. My name is DJ Cecile and I represent Radford Quarries which is my families business, it's a third generation business. Speak a little louder please. And we're trying to locate the asphalt plant at our existing quarry at Glendale Springs. And I said, we're a third generation family business. We're local to the area. About two years ago we were approached by some DOT folks and also some fellow small businesses in the area expressing the need to us that there was additional market demand for asphalt that the demand was outrunning supply. We hired our engineering consultant did about two years of due diligence looking for site, and the engineer reported to me that we could meet all criteria state, local, federal if we located NASA plant within our existing quarry at Glendale Springs. So we started working on that about two years ago and we got to the point in the process where we met and we can maintain our local permit. We retained the water permit and we waiting on the state permit, the state permit which is the will be permit should be issued after the hearing October 6th. To speak to Mr John comment about the air pollution the eco-plan must have been must be constructed in group integraly to the point that it had to be certified by an engineer it operated and was due to the particular plan it had 99% efficiency reducing the emissions and our plan was modeled in and out individual quality using their and other dispersion models a and they concluded that we will below the toxic emission in it set by EPA and by the state of North Carolina. They are prepared to issue the permit, they got a draft for  media shoot and they wouldn't have gotten to that stage if they thought we created too much pollution. The numbers Mr Jordan was quoting I believe he has the unit incorrect and I believe they were pounds not tonnes. Representative Tim on section one. Thank you Mr. Chairman, a lot of times it's difficult to merry up your constituent and an issue that's happening with state policy and my concern has to do with the other folks along the bridge my understanding speaking with Representative Dobson it is a potential of another company there moving to as they will be limited as well and broader policy wise in the coast we have a

lot of parks US Official Wildlife, National Park Service, State Parks and what we found is the trend over and over for them to try and utilize their land to start controlling the private property around them, we have the [xx] last session that we dealt with that particular issue here, so my would be broader state wide policy that we were allowing parks that are there to protect those areas to start infringing on the rights of their neighbors, and it's been a trend out our way and I'll be concerned that it would become a trend out your way as well. Representative Haynes Good job. Question for the speaker. Mr Cesar[sp?] would you be willing to take an inquiry from? Sure, sure. The gentleman is recognized. Thanks for coming and explaining the situation, you said that this expansion will be in your current quarry that you already own? That's correct, It is inside the quarry permitted boundaries. And how big is the follow up? Yes sir, the gentleman is recognized. How big is your [xx] operation in terms of the amount of [xx]? Right now we are just producing crash stones in those permitted acres and we will be adding to it and that's the whole plan. Followup please. Representative Hanes is recognized And how close are you currently to the [xx] way. I think from the edge of the park way acreage about 1.1 miles or something. Representative Blust. Thank you Mr. Chairman, I I'm a little bit concerned we have right before us right Representative Robinson you showed us what can happen to someone who lives near one of this things and Bumgarder for his demonstration what can happen if you work with them. [ BLANK ] Are there further inquiries for Representative Daugherty is recognised for Mr. [xx]. Mr. [xx] how much of your money have you spent today in trying to get the We have spent in-excess of $100, 000. And let me add if I may we're almost the point in our permeating process. All we are lucking is the air quality from heat, which as we know, it would be issued some time after October 6th. Alright, if there is no further discussion on section one at this time Representative Floyd has an amendment pertaining to section two. Is that correct Representative Floyd?  That is correct Mr Chairman. Representative, gentleman from Camblin is recognized to send forward an amendment. Do members have copies of representatives Floyd amendment? Members, while copies are being passed out and prepared, the Chair would like to point out Representative Floyd is moving to amend the Bill on page one begging line 17 through page two in and at line 10 the effect of this amendment would be to delete all of section two with that information if the committee is comfortable sorry [xx] what purpose. I [xx] Be recognized for just a moment if the committee is comfortable and understands the effect of the amendment the Chair is going to Representative Floyd to speak to his amendment first. Mr. Chair, what this amendment would do would amount the city to move forward. Will this proposed community development, [xx] facility. They have been working on this project ever since 2012, this have done a feasibility study. The council has been sought in the exports of facility advisory team. They looked at the costs of what it would cost and generate over a period of time and what we are looking at is

borrowing about 2 million dollars. For the base contacting with a designer, [inaudible] 2.25% text to cover the cost. And and also I believe that this bill has travelled through a committee once before and failed. So, this is allowed at the city of Rockermount which provide [inaudible] to move forward. members, the chair's been made aware and the chair apologizes for this oversight that the member requesting the inclusion of section two is not here and it is possible that the chair failed to provide proper notification. So in the interest of fairness and with apologies to the committee, we did get to hear from the guest tonight that came, but we're going to just displace this bill until the bill, until the presenter for section two arrives, unless Representative Borris is not presenting section two.   Mr. Chairman, I think the reason that the reason the presenter of that section is not here is they understood they could come out they would working onto changes to the language and would address that in another time. That was my understanding, as I was [xx] with Representative Stam, that was my understanding members if that is the case then we will proceed with the Floyd amendment. Representative Boles, for what purpose does the gentleman seek recognition. I have a question about the amendment, it looks like all of the language other than the subsection little A and the general provisions on page one of the bill our current law, so with the effect the amendment need just leave that in and only eliminate what's on page 20 of line 20 of page one and just eliminate thereafter subsection D. I'm a good staff, lets be blessed. Can you take out all of section to because once you take out section b there is no need to amend section A to create section A to [xx] But what section A will remain in the law? Members for for your planning purposes Chair's been advised that the deletions of section two would also allow for section three and four to be deleted of the Bill so it does not appear to be there's no known opposition to deleting section two of the Bill which is Representative Floyd's amendment. Is there any further discussion or debate required on Representative Floyd's amendment, seeing none those favoring the amendment of Representative Floyd, the gentleman from Cumberland will signify by saying aye. Aye. Those opposed will say no to the chair, the ayes have it, and the motion carries. Representative Stam is recognized to send forward an amendment, we are not going to produce copies of this one. This amendment will amend the bill on page 2, line 11 through 27. It would in effect, lead sections three and four.  I don't believe that, I think they were intended to leave those sections vacant[sp?] by public [xx] There was not a plan to take that out to my understanding and I can explain that section there.  Alright let's do this Representative Burke let's the Chair has already recognized Representative Stam, so let Representative Stam speak to it unless he wants to yield to you and Representative Stam. This Bill has not just affected [xx] and also affected two towns that I represent with AAA bond rate. [xx] and as I understand section three and four have been added to it to sort of make it effective [xx] here [xx] comes out is that right? No offence [xx] [xx] I will be glad [xx] I mean it was [xx] section [xx] re-do the whole package and not

I don't understand the purpose of three and four and at this late hour I can't check with my with triple A bottom rating to the one with double A bottom ratings, the requiring of the. So, how whatever you want to do. Its also the number one place to live in America are recognized by representative Paul to speak on the amendment. Representative Stam I think they were two different sections, I don't think the section three and four had really much to do with section two. They were trying to address different issues. I know I was interested in section three and four of the act for example they were denied authorization to move forward, but then turned around to look at trying to find other ways before they leave office in two months as basically cleaning up a bank account so they can build something the DODC we can give them up authorization to do so I think understand is that if you're going to down DC to borrow the money and they deny you the authorization to do so that you can't turn around in the next two years, and just wipe out your statements your reserve and spend it to do what the local government commissioned didn't think it was feasible for you to borrow the funds to do that is what they said the section was doing, but if we need to talk about it more we certainly can. One last quick. Representative Stam. So this one stop if they if the local government move said you can't borrow [xx] and they decide to pay your bill with this, what's wrong with that? I would suggest taking those sectors down and vote out of office if you they say were improper doing it  but the fact is that the LDC says is not worth borrowing does not mean its not a good project Well, Representative Stam. The five member board, three of those members are not running for re-election, the three that are pushing this they may come off in December so there's no way to vote them out of office so they're going to spend this money before they leave office. My community in the end, I know four of the five members trying to prevent them make from wasting money but they can't take off December 1st, so we're just trying to find a way to make sure this money  isn't spent to build something that isn't needed and the LDC tonight and most people in the town think they don't. I'm saying what trying to say and I hope you understand what I'm trying to doing in an attempt to save the taxpayers money in my community. But if you are going to go through the process to borrow the money and the experts for the [xx] don't think that we should borrow and we're denied based on a board that's been pretty fair to everybody, Republicans and Democrats on it folks from all across the state, they turn you down don' think it's the right thing to do then I'm not sure, you take that risk you get denied then all of us are saying is you got to wait two more years before you can go in and borrow the money or take the money out of your own reserves. Representative Daughtry.  I support this amendment, we come up here and my county does pretty well. The towns in my county in making their own decisions, and whether they want whether it's an arena or whatever building they want to build, it's really more up to them than it is to us and how they finance it, is all their decision and they have public hearings and I really think we ought not to be interfering with their business so I support the amendment. is there further discussion or debate on the amendment sent forward by the gentleman from Wake? Seeing none, those favoring the amendment sent forth by the gentleman from Wake will say, "aye". "Aye". Those opposed will say, "no", "No". Independent Chair, the ayes have it and the amendment is adopted. Members therefore, we are back to a Bill which currently contains only section one that you have before you and section five which is the effective date of the Bill. Is there further discussion or debate Representative Robinson? For what purpose do you want to [xx]? [xx] 116 when it's

talking about the current reviews and continue to operate will not be eligible for any new access or use, what is that access for use was active, wasn't [xx]? Could staff would you speak to the gentleman's question? Our understanding is that they could be completed it as a [xx] plan but they couldn't if they needed another air quality permit. They couldn't get an air quality permit for a different use at that point. Representative Robinson. We are talking about grandfather of Elizabeth Sam and I'm just your [xx] men or [xx] continue to operate. That they will not eligible for and excessful use. Just kind of asked him, what is excessful use? We've already explained they can't be, we are not eligible to do it but what other kind of constrains could you put on this company? Representative Jordan I believe we came up with that language when, correct me if I'm wrong but when we were talking about grandfathering in all facilities that they cannot be eligible for an as-fault addition, is that not what this does. It was to keep grand fronts and all existing industries that are within the two miles but they are not eligible for an as fault addition, I thought that was what that language accessory use came from, is that. I don't recall when this was put in and I think if you want to allow all aspect including operate independent and committed [xx] shall not be eligible for any customer use. I think the language that was representative Robinson was when were talking about existing plant facilities all the other existing plant facilities to continue as they were but they couldn't get a new as-fault permit and so I will accept with us, what step is saying is if we ended that permitted, I think that will get across the point that existing extra plan facility continue as they're permitted. With that [xx]. Members of the committee will be at ease for just a moment the house will be in recess until 8 P. M. Tonight. just to be clear for at least the folks standing on the back the speaker has placed the house in recess until 8 P. M. Member sit down. Chair could I have your attention please. Representative Stam, sends forward an amendment which amends the bill on page 1, lines 15 and 16, rewriting the lines to read, vote due of this section may continue to operate as permitted. Representative Stam has moved to amend the bill page 1 lines 15-16, it simply asserted a period after the word, permitted. And striking other language. IS that further discussion or debate on representative Stam's amendment? Seeing none, those in favor of representative Floyd. What purpose does the gentleman seek recognition? [inaudible] will this have an effect on [inaudible].

Is this permissible or do you blame the motion. It will be permissible Mr. Ceasar, I think Representative Floyd wanted to know, I realize it's difficult not being able to see it. What this amendment would do is add a period after the word permitted which means it would strike out thou shall not be eligible for any new accessory used. So in the interest of full disclosure any any operation for which your firm had not been permitted at this point with the impact and ideas and I think representative Floyd we would want to know your thoughts on this particular amendment. Let me it still stop our project, even this amendment you are talking about? Is there further discussion or debate on Rep Stem's amendment? Seeing none, all those favoring the amendment will say aye Aye Those opposed will say no No Those favoring the adoption of the amendment from the gentlemen from Wake will raise their hand. Those oppose will raise their hands. one, two, three, four, five, six, seven, eight members by a vote of 9 to 8. Representative's Stem amendment is adopted. Is there further Representative Gloss[sp?]  Is this a senate bill? Is this Senator Sauchec's bills? Does he support what you are trying to do here? It was Senator Harisson's bill and he wanted me to check to make sure that senator Sauchec was okay having opinion one way or the other about putting this language in. So I don't know what may happen on the Senate side. Is there further discussion or debate? Representative Bumgardner, for what purpose does the gentleman seek recognition? I have an amendment. The Chair apologizes representatives, the Chair was unaware Members, this is a little bit unusual, Representative Dan Gardner has moved to amend the bill on page one line 7 through 16 which would essentially delete section one, the chair is going to rule that since that is the only substitute part of the bill the amendment would not be in order as the vote on the main motion would have the same impact as this amendment. One more question. Representative Ross. To the Bill sponsor how do your county commissioners feel about this bill? Have they signed off on it?  I'll tell you what those county commissioners five and five in both counties are opposed to these projects and more auditoriums are having public hearings to stop these projects. Alright, is there further discussion or debate if not Representative Stam moves No, no, no If not representative Burr moves that the proposed committee substitute as amended be given a favor report unfavorable to the original bill. So further discussion or debate on the motion? Gentleman from Wayne, representative Bumgardner. This is precedent we are doing here and we don't need redoing this and I would respectfully ask every member here to vote no on this. We shouldn't be fighting people every step of the way that they are trying to create commerce and jobs and invest money to make money, this is America, let's vote no on this question before the committee is the motion

to cure the proposed Committee Substitute for Senate Bill 363 as amendment. A favorable report with the amendment rolled into a new proposed committee. substitute so the question before the committee is the motion to roll the amendments to the proposed committee substitute senate bill 363 into a new proposed committee substitute state to give that committee report. Those favoring the motion will say I, those opposing will say No. No. In opinion chair the no's have it and the motion is not adopted I wish the committee on rules will be in recess until after the second convening of the house session today. The house to remain silent