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Senate | August 20, 2014 | Chamber | Session

Full MP3 Audio File

[Speaker changes.] (Gavel.) Senate will come to order. Sargent-at-Arms close the doors. Members will go to their seats. Members and guests in the gallery, please silence all electronic devices. Without objection, our prayer and journal approval will be postponed until the 7PM session. Senator Barefoot is recognized for a motion. [Speaker changes.] Mister President, I move that the Senate now recess subject to messages from the House and the Governor; the referral and re-referral of bills and resolutions; receipt of conference reports and ratification of bills to reconvene at 7PM. [Speaker changes.] The Senate will stand in recess subject to the stipulations stated by Senator Barefoot until 7PM. (Gavel.) [Speaker changes.] (Gavel.) Senate will come to order. Sargent-at-Arms close the doors. Members will go to their seats. Members and guests in the gallery, please silence all electronic devices. Leading the Senate in prayer is the Reverend Peter Milner, Senate Chaplain. All members and guests in the gallery will please stand. [Speaker changes.] Please bow your heads and pray with me. O Lord, we, your people are so blessed. We're richly blessed like Abraham, who was blessed by Melchizedek. We're so richly blessed and we thank you for that blessing, Lord. You have blessed us to make us in your image and I pray that each of these men and women will know that you have made them in your image...and not just those in charge here but everyone in the cafeteria, bill writers, schedulers, legislative assistants....may they know that you have richly blessed them because you have made us in your image and they bear your image here. That they are blessing this place. Where we have blunted your image, Father, give us grace. Where we have mired your image, Father, give us your presence and where we have gone wrong, Father, confess that you are the one to make it right. And we pray in the name of Jesus, our Lord...Amen [Speaker changes.] Senator Berger is recognized for a motion. [Speaker changes.] Thank you, Mister President, the journal of Monday, August 18, 2014, has been examined and is found to be correct. I move that we dispense with the reading of the journal and that it stand approved as written. [Speaker changes.] Without objection, the journal for August 18, 2014, stands approved as written. Senators, let's come to order, please. Leaves of absence are granted for Senators Blue, Bryant, Cook, Curtis, Jim Davis, Ford, Graham, Jeff Jackson, Jenkins and Robinson. Senators, at this time, we're going to seat a new member of the Senate. Senator Brown is recognized to appoint an escort committee for seating Michael Lee??????? [Speaker changes.] Thank you, Mister President. At this time, I'd like to ask Senators Randleman, Rabin/Rabon?????? and Stein who've been selected to escort the Honorable Michael Lee?????? into the chamber. [Speaker changes.] Members of the Escort Committee may proceed to the doors to escort Michael Lee????? to the well of the chamber. All members and guests will please stand. (Applause.) [Speaker changes.] The Reading Clerk will now read the proclamation from the Governor appointing Michael Lee to fill the vacancy left by Senator Tom Goolsby. [Speaker changes.] State of North Carolina, Pat McCrory, Governor. The appointment of Michael Vincent Lee, 2013-2014 by the Governor of the State of North Carolina, a proclamation. Whereas the Honorable Thomas Court Goolsby, elected Senator from Senate District 9, 2013-2014, General Assembly, has resigned and whereas, provisions of general statute 163-11 required that the vacancy created by the resignation of the Honorable Thomas Court Goolsby, be filled by the appointment of person recommended by the 9th Senate District Executive Committee....

The Republican Party whereas and I Senate District executive committee of the Republican Party is notified mail this recommendation of Michael Vincent Lee of New Hanover County North Carolina built on it unexpired term I do by these presents point Michael Vincent Lee is a member of the North Carolina Senate 2013 2014 general assembly in witness whereof I have hereunto signed my name and affixed the seal of the state of North Carolina at the capital and the city of Raleigh is a think they have August in the year of our Lord 2014 and of the Independence of the United States of America 239 backcourt governor attest Elaina Marshall affect our state generally receive the oath of office earlier today in his district Satterlee we are honored to have you join us for the best day of the Senate session last day Broadwater Is a the is ultimately Minghella's presumably to seek number 12 and then return to their seats the house will be notified of Sen. Lees seating members Gassman obviously Sen. Nagin for our calendars and Robert has recognized promotion present I felt like him. The Senate is empowered to report (Senate Bill seven 29,007 Welcome to companies important to resolve differences between the Senate and House represented on Senate Bill 729 of the Olympian title act to permit recovery relate a lot district partisan: combustion residue subsurface impoundment silverware 729 calendar · recognized I was present also additional motion for Mike will add significantly to unemployment info information face scarlet committee I will definitely remove the committee on rules and Wisconsinites calendar in the production server so] to become to the bias place while are doing this out front center clawback would like to be recognized as well center you have the floor form of personal Privilege Leisure Ctr., Mister Pres. in recognized and special guest may have in the gallery Hamlet versus the film is hundred education program team and in 1997 Furbush" establish this program for students about crimes of 30 students each year (for national titles National Rifle Association's annual Hunter education challenge the information right which has been passionate titles from recognition of national titles hundred education challenge try to industry participants from all over the country competition about it was just October changed the actual responsibility hundred and is irrelevant right) shot back the highlight fibers said in this is

Speaker : to find coordinate and navigate predetermined course they are rock stars in ?? county they have supportive in the community parents dedicated in the program ?? deserves special recognition for their skill and dedication they have just returned from winning the national championship in Pennsylvania they have joined the gallery in the gallery tonight they have heard coach for the Virginia team ?? with twenty years of dedicated service to this team the senior team coach the head coach is ?? with 28 years of service dedicated to this team we honored to have them here Mr.President Speaker Changes:thank you ?? act the chair is happy to extend the courtesies of the gallery to the students parents and coaches of ? high school hundred education program and thank them rather congratulate them on victories over 2014 youth hunter education challenge national championship and we also welcome ?? superintendent Dr.Todd Martin please stand to be recognized thank you for joining us in the senate, Speaker Changes: senator orthodox is recognized for a motion, Speaker Changes:thank you Mr.President ?? of additional motions of my house bill 189 first tax on firm critic changes on tonight's calender as to be removed tonight's calender ?? on rules, Speaker Changes: objections are ordered, Speaker Changes: the conference port on senate bill 729 i move that we bring you before now as we ?? considerations, Speaker Changes: object loss are ordered senate bill 729 the clerk will read, Speaker Changes: senate Bill 792 ?? management act of 2014, Speaker Changes: senator orthodox is recognized, Speaker Changes: thank you Mr.President i might take first opportunity for thank staff for all of hard work they have done on this Jennifer and Jeff in back i know you guys drives you crazy and i really appreciate your efforts sitting next to them is the we have the distinguished and handsome Dr.Warren and the great attorney i never thought that ought July Brad man they all did a phenomenal job on this had something were ?? is gonna happen Mr.President i never do this i had like o give a shutout to house member Senator ?? and thank him i know the senate is getting late you gotta fever but i didn't wanna say that but always have a house member you like in the building ?? worked hard on this lots of expertise appreciate your efforts on this s going with the conference reports i just wanna go with the highlights i think everybody said read it talk about it an discussion it ?? if talked about this bill more than any other bill in the legislative session and it also ?? and is been most helpful in discussing this bill in he gentlemen does it now had seed in it anymore Senator ?? he offers advice ?? i wanted to thank you senator Burger you got pain in this whole process pushing for ?? my constituency senator ?? you also have been hearing my constituency about this come forward with the Bill this session what the conference bill does it changes more ?? applicable to the orders of the ?? to grant and increase base rates modify two authorities to the coal rights commission to allow the governor to appoint the chair this has to be done withing the thirty ?? of the vacancy and moves to the ?? of the decision and management withing the department of public safety it clarifies government ?? coal ash management to address coverage and carbon burn out plans moves to construction of how plan is expanded expanding of ?? would be prohibited it moves that date to October 1st from august 1st of this year ?? must be brought us by,

December 31st, 2015 from August 1st, 2015. These are just being done mainly because we’re at the end of the session getting this law passed, so just to give a little more time to get that done. Adds locations that are in the hundred year floodplain to be an additional factor. The DENR must consider in prioritizing impoundments. Clarifies language concerning public notice. Clarifies the warden requirements for impoundments to require the impoundments located in whole or in part beneath the water table be dewatered to the maximum extent practical. Also, modifies commissions considerations factors for closure, approval to provide that although cost may be considered, costs may not be the dispositive factor in that decision. Modifies the variance provision to provide limitations on issuance, to change the decision maker from the secretary environment natural resource, excuse me, to change the decision maker from the secretary of economic and natural resources to the commissioner. Changes setbacks to 300 feet, adds additional appropriation, and corrects various other dates. That, in a nutshell, is the content of the conference report. I’ll be happy to answer any questions. I think we’ve discussed it quite a bit. I think this makes North Carolina the leader in the United States in Coal Ash management. I think something we can go home and be proud of and to the extent we’ve gone and the thought and the time that’s been placed in this. I think it’s very important to our constituents and to our state as a whole. I look forward to getting this on the books and I ask for your support. Thank you. [SPEAKER CHANGES] Do we have any further discussion or debate? Senator McKissick, for what purpose do you rise? [SPEAKER CHANGES] To speak on the conference report. [SPEAKER CHANGES] Senator McKissick has the floor to speak to the conference report. [SPEAKER CHANGES] I’d like to thank all of those that worked on this particular bill. I think it’s an excellent representation of what we can do when there’s collaborative bipartisan cooperation looking for a good outcome. This is one of those bills that was necessary, in fact I would go as far as to say as it was imperative. I think we came up with a good bill that we had to balance a lot of competing interests. I know when I first started reading articles about Coal Ash, I thought it was just intuitive that what we need to do is dig up all the coal ash in the state and go in there and impoundment and offsite locations, but I quickly realized when I went out to visit several of these coal ash ponds, I think Senator Foushee you were with me one day and we spent about two hours and you saw ponds that were active, you saw ones that were inactive, you saw them at different stages and you began to realize this was not a one size fit all solution, that you had to differentiate between whether they were high risk facilities, low risk, medium and the like. I think this bill has taken us in the right direction, so I want to thank all of those that put in the time, the energy, and the effort, both in the House and in the Senate. I’ve spoken with many of my colleagues in the House side as this bill has moved forward and in particular, Representative Glazier, because I spoke with him this afternoon even though he was up in Minnesota attending a conference. I feel good about where we are. I feel as if this Senate and this House and this General Assembly is putting North Carolina in a positive light and addressing a serious environmental issue that had the potential to have far reaching implication in terms of water quality and impacting the lives of those that we really want to protect in the most serious way possible. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, the question before the Senate is the motion to adopt…. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Wade, I’m sorry, for what purpose do you rise? [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] Senator Wade you have the floor to speak to the conference report. [SPEAKER CHANGES] I just want to be sure we thank Senator Apodaca. He’s thanked everybody in the room and I want to be sure we take a moment to thank him. He’s here, sick, under the weather, he worked all weekend. He’s been tireless in his work on this bill from the very beginning and I just want to be sure we thank him also. [SPEAKER CHANGES] Thank you, Senator. Thank you, Senator Apodaca. Is there any further discussion or debate? Hearing none, the question before the Senate is the motion to adopt the conference report for Senate Bill 729. We have one electronic

All in favor vote, “Aye”. All opposed vote, “No”. Five second will be allowed for voting. The clerk will record the vote. 38 having voted in the affirmative and 2 in the negative. Conference port is adopted. The House will be notified. It will be enrolled. It will be sent to the governor by special message. Senate Bill 42. The clerk will read. [SPEAKER CHANGES] Senate Bill 42: Confidentiality of unemployment changes information. [SPEAKER CHANGES] Senator Rucho is recognized. [SPEAKER CHANGES] Thank you, Mr. President and members of the Senate. Senate Bill 42 was one part of a very good bill on unemployment insurance, a piece of legislation that was put together in a bipartisan manner. Ladies and gentlemen, what this portion does is it will allow the USDOL regulations and state law to comply and conform and in doing so, it reduces the risk to the state on any potential problems on giving out private information on a potential beneficiary. And I urge that you pass this bill. [SPEAKER CHANGES] Any further discussion or debate? Hearing none, the question before the Senate is the motion to concur House Committee Substitute Senate Bill 42 on electronic vote. All in favor will vote, “Aye”. All opposed, “No”. Five seconds will be allowed for the voting. The clerk will record the vote. Forty having voted in the affirmative and zero in the negative. The Senate concurs and House Committee Substitute to Senate Bill 42. It will be enrolled and sent to the governor by special message. Senators, that concludes our calendar for the session. Do we have any notices or announcements? [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Jackson, for what purpose do you rise? [SPEAKER CHANGES] A moment of personal privilege. [SPEAKER CHANGES] Senator Jackson, you have the floor for a moment of personal privilege. [SPEAKER CHANGES] Thank you, Mr. President. Members, two things that I want to mention tonight. It’s been a pleasure and an honor to serve with all of you for the past two terms. Some of us will not be back in here next year and we know that. But I just wanted to tell you thank you. It’s been an honor to come and know each and every one of you. And whether we come back or not, it’s been a pleasure. The second this is, I wanted to recognize luckiest woman I know in this chamber. And that is my wife. She’s joined us tonight. She’s in the gallery and she told me not to mention it at all, but me being me just could not get away with it. But my bride of 36 years, Debra Jackson, we call her Debbie, and I just wanted to let the folks know who she was here tonight. Thank you. [SPEAKER CHANGES] Senator, I always say you’re the luckiest man in the chamber. Senator McKissick, for what purpose do you rise? [SPEAKER CHANGES] Brief announcement. [SPEAKER CHANGES] Senator McKissick, you have the floor. [SPEAKER CHANGES] First of all, like Senator Jackson, it’s been a real privilege and an honor to serve with all of my colleagues in this chamber. One of these things, many of you know I do on the last day of session is I typically is bring my camera in and take photographs of many of you that are in the halls that day. On this occasion, we’re back from what I thought was the last day, but the good thing is that I have some of these photographs with me. I happened to take plenty of pictures last Friday and if you would like to get a copy of those particular shots, feel free to stop by my desk after the session and pick one up. [SPEAKER CHANGES] Thank you, Senator. Any other notices or announcements? Ratification of bills. The clerk will read. [SPEAKER CHANGES] Enrolling clerk records the following resolution duly ratified ?? to be presented to the Office of the Secretary of State. House joint resolution 1276, a joint resolution providing for enjoinment ?? of 2013 regular session of the general assembly. The enrolling clerk records the following bill duly ratified for presentation to the governor. Senate Bill 3, an act to modify the job maintenance and development fund provisions. Senate Bill 42,…

An Act to clarify the confidentiality of unemployment compensation records. Senate Bill 729, An Act to (1) Prohibit recovery of costs related to unlawful discharges from coal combustion residuals surface impoundment; (2) Establish a moratorium on certain rate cases; (3) 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 on laws governing management of coal combustion residuals; (4) require expedited review by the department of environment and natural resources of any permit necessary to conduct activities required by this act; (5) 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; (6) Prohibit local government regulation of management of coal combustion residuals or coal combustion products; (7) Prohibit construction of new or expansion of existing coal combustion residuals surface impoundments effective October 1, 2014; (8) Prohibit the disposal of coal combustion residuals into coal combustion residuals surface impoundments at coal-fired generating units that are no longer producing coal combustion residuals effective October 1, 2014; (9) Prohibit disposal of stormwater to coal combustion residuals surface impoundments effective December 31, 2018; (10) Require all electric generating facilities to convert to generation of dry fly ash on or before December 31, 2017, and dry bottom ash on or before December 31, 2020, or retire; (11) Require the assessment of groundwater at coal combustion residuals surface impoundment; (12) Require corrective action for the restoration of groundwater quality at coal combustion residuals surface impoundments; (13) Require a survey of drinking water supply wells and replacement of contaminated water supplies; (14) Require the identification, assessment, and correction of unpermitted discharges from coal combustion residuals surface impoundments; (15) Require the Department of Environment and Natural Resources to, as soon as practicable, but no later than December 31, 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, and welfare, the environment, and natural resources; (16) 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; (17) Require closure and remediation of certain coal combustion residuals surface impoundments as soon as practicable, but no later than August 1, 2019; (18) 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 departments 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; (19) Establish minimum statutory requirements for structural fill projects using coal combustion products and require the Department of Environment and Natural Resources to inventory and inspect… [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Bingham, for what purpose do you rise? [SPEAKER CHANGES] May I change my vote on this bill? [SPEAKER CHANGES] Reading clerk, you can continue. [SPEAKER CHANGES] And inspect certain structural fill projects; (20) Place a moratorium on certain projects using coal combustion products as structural fill until August 1, 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; (21) Place a moratorium on the expansion and construction of coal combustion residuals landfills until August 1, 2015, and direct the Department of Environment and Natural Resources to assess the risks to public health, safety and 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; (22) Strengthen the reporting and notification requirements applicable to discharges of wastewater to waters of the state; (23) Require certain emergency calls to be recorded; (24) Require development of emergency action plans for high and intermediate hazard dams and amend other dam safety law requirements applicable to coal combustion residuals surface impoundments; (25) Transfer solid waste rule-making authority from commission for public

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?? At this point I move that the Senate do now adjourn sine die, subject to the receipt of messages from the House and the Governor and the further ratification of bills and resolutions. [SPEAKER CHANGES] The motion is that in accordance with House Joint Resolution 1276, Adjournment, the Senate do now adjourn sine die, subject to the stipulations stated by Senator Berger, seconded by Senator Lee. All in favor say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed, no. The ayes have it. The Senate stands adjourned. Sine Die.