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Senate | July 7, 2014 | Chamber | Monday Session

Full MP3 Audio File

Senate [AUDIO CUTS OUT] come to order. Sergeant at arms will close the doors. Members will go to their seats. Leading the Senate in prayer is Senator Chad Barefoot. [SPEAKER CHANGES] Heavenly father, Lord, we thank you again for another day. Lord, we very much appreciate the fact that you took care of our citizens in this state during the holiday and the weather and the weekend. We pray that you continue to watch out for us, guide and protect us. Lord, watch out for the families of the members who serve in this body and all these things we ask in Jesus name. Amen. [SPEAKER CHANGES] Senator Stein is recognized for a motion. [SPEAKER CHANGES] Thank you Mr. President. The journal of Thursday July third has been examined and has found to be correct. I move that the Senate dispense with the reading of the journal and that it stand approved as written. [SPEAKER CHANGES] Without objection? The journal for July third stands approved as written. Notices and announcements. Is there further business to come before the Senate? If not the chair recognizes Senator Stein for a motion. [SPEAKER CHANGES] Mr. President, I move that the Senate do now adjourns subject of messages from the House and the Governor, ratification of bills and the appointment of conferees to reconvene on Tuesday July eighth, twenty fourteen at three PM. [SPEAKER CHANGES] The motion is that the Senate do now adjourns subject to the stipulation stated by Senator Stein to reconvene Tuesday July eighth at three PM. Seconded by Senator Barefoot. All in favor say aye. Opposed no. The ayes have it and the Senate stands adjourned. [SPEAKER CHANGES] Message from the Governor, executive order fifty-nine, amendment to executive order fifty-eight. Temporary suspension of motor vehicle regulations related to agricultural vehicles. Message from the House. Mr. President it is ordered that a message be sent to the Senate informing that honorable body that the House of Representative fails to concur on House bill three six six ?? and to substitute number two. A bill to be entitled to and act to one maintain the confidentiality of environmental investigations for agricultural operations and direct the department of environment and natural resources to adopt rules for a formal complaint procedure. Two, clarify the authority of local governments to adopt ordinances related to fertilizer. Three, rewrite the landscape contractor licensing statutes. Four, study the states participation in the commercial vehicle safety alliance and with American standard inspection program. Five, clarify the meaning of the terms, planting and harvesting season and planting and harvesting period for purpose of applying federal laws and regulations relating to hours and service rules for certain drivers transporting agricultural products. Six, amend the chairmanship of the agriculture and forestry awareness study commission. Seven, allow the commissioner of agriculture to appoint law enforcement officers to carry out the law enforcement responsibilities of the department of agriculture and consumer services. Eight, allow the use of pesticides to control moles. Nine, classify trespassing on an agricultural facility as first degree trespass. Ten, require written consent to operate an all-terrain vehicle on property owned by another. Eleven, allow drainage districts to maintain ditches and buffer zones. Twelve, clarify periodic inspections authority of the North Carolina housing finance agency. And thirteen, permit security grills at all exits of a building subject to certain conditions and request conferees Speaker Tillis has appointed. Representative Dixon, chair, Representative Langdon, Representative Lewis, Representative Boles, and Representative Brisson on the part of the House of Representatives confer with the light committee appointed by the Senate to the end that the differences arising may be resolved. Respectfully, Denise Weeks. ?? [SPEAKER CHANGES] Message from the House. Mr. President, it is ordered that a message be sent to the Senate informing that honorable body that the House of Representatives has passed the following bills and resolutions and asks the concurrence of your honorable body therein. Senate bill seven twenty-nine, House committees substitute fifth edition. A bill to be entitled in act one, ?? the recovery of costs related to unlawful discharges from coal combustion residuals, surface impoundments. Two, establish a moratorium... [End]

On certain rate cases. III: Create the Coal Ash Management Commission to review and approve coal combustion residuals surface impoundments’ classifications and closure plans, and otherwise study and make recommendations of laws governing management of coal combustion residuals. IV: Require expedited review by the Department of Environment and Natural Resources of any permit necessary to conduct activities required by this act. V: Establish various reporting requirements to the general assembly, including a quarterly report from the Department of Environment and Natural Resources on its operations, activities, programs and progress, with respect to its obligations under this act, for coal combustion residuals surface impoundments. VI: Prohibit local government regulation of management of coal combustion materials or coal combustion products. VII: Prohibit construction of new, or expansion of existing, coal combustion residuals surface impoundments, effective August 1st, 2014. VIII: Prohibit the disposal of coal combustion residuals and of coal combustion residuals surface impoundments’ coal-fired generating units that are no longer producing coal combustion residuals, effective October 1st, 2014. IX: Prohibit disposal of storm water to coal combustion residuals surface impoundments effective December 31st, 2018. X: Require all electric generating facilities to convert to generation of dry fly ash, on or before December 31st, 2017, and dry bottom ash, on or before December 31st, 2020 or retired. XI: Require the assessment of groundwater at coal combustion residuals surface impoundments. XII: Require corrective action for the restoration of groundwater quality at coal combustion residuals surface impoundments. XIII: Require a survey of drinking water supply wells and replacement of contaminated water supplies. XIV: Require the identification, assessment and correction of unpermitted discharges from coal combustion residuals surface impoundments. XV: Require the Department of Environment and Natural Resources to, as soon as practicable but no later than August 1st, 2015, prioritize for the purpose of closure and remediation coal combustion residuals surface impoundments, including active and retired sites, based on these sites’ risks to public health, safety, welfare, the environment and natural resources. XVI: Require owners of coal combustion residuals surface impoundments to submit a proposed plan for closure of all impoundments to the Department of Environment and Natural Resources. XVII: Require closure and remediation of certain coal combustion residuals surface impoundments as soon as practicable, but no later than August 1st, 2019. XVIII: Require the Department of Environment and Natural Resources to establish a schedule and process for closure and remediation of all coal combustion residuals surface impoundments based upon the department’s risk assessment of these sites, baseline requirements set by the general assembly, evaluation of proposed closure plans submitted by impoundment owners, and input from the public and other stakeholders. XIX: Establish minimum statutory requirements of the structural fill projects using coal combustion products and require the Department of Environment and Natural Resources to inventory and inspect certain structural fill projects. XX: Place a moratorium on certain projects using coal combustion products as structural fill until August 1st, 2015 and direct the Department of Environment and Natural Resources and the Environmental Management Commission to study the adequacy of current law governing use of coal combustion products as structural fill and for beneficial use. XXI: Place a moratorium on the expansion and construction of coal combustion residuals landfills until August 1st, 2015 and direct the Department of Environment and Natural Resources to assess the risks to public health, safety, welfare, the environment and natural resources of coal combustion residuals surface impoundments located beneath these landfills, to determine the advisability of continued operation of these landfills. XXII: Strengthen the reporting and notification requirements applicable to discharges of waste water to waters of the state. XXIII: Require certain emergency costs be recorded. XXIV: Require development of emergency action plans for high and immediate hazard dams and amend other dam safety law requirements applicable to coal combustion residuals surface impoundments. XXV: Transfer solid waste rule making authority from Commission for Public Health to Environmental Management Commission. XXVI: Amend compliance boundary provisions. XXVII: Provide for various studies. XXVIII: Require the State Construction Office and the Department of Transportation to develop technical specifications for use of coal combustion products. XXIX: Provide resources for implementation of this act. For concurrence in the House committee substitute bill.