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Senate | March 12, 2015 | Chamber | Senate Session

Full MP3 Audio File

ENNBKX [0:00:00.0] The Senate will come to order, the Sergeant-At-Arms will close the doors, members will go their seats, members and guest of the gallery will please silence all electronic devices. Leading the Senate in prayer is the Peter Milliner, Senate Chaplin, all members and guests will please stand. [SPEAKER CHANGES] Father in heaven, we thank you for this day, thank you for everybody who serves here so well, we all need your help so much, we need to be a little bit more desperate Lord, we need so much of your grace, and so less of ourselves, we need your presence within us, the spirit, the comforter, would you enable us here to love one another as you have paracletes, may you become the living water flowing out of us, bead of tears, or bead of speaking the truth, may that blessing bless this city of Raleigh, bless the towns of our state, and bless our nation, and we pray this in Jesus name, Amen. [SPEAKER CHANGES] Senator Pate is recognized for a motion. [SPEAKER CHANGES] Thank you Mr. President, the journal for Wednesday, March 11, 2015 has been examined and is found to be correct, I move that the Senate dispenser to meeting of the journal and that it stands approved as written. [SPEAKER CHANGES] Without objection the journal for March 11, 2015 stands approve as written. Members and leave of the absence is granted today for Senator Rabin. Members our nurse for the day is in the back of the chamber, Wayne Martin of Lumberton, North Carolina is our nurse today, Nurse Martin thank you for your service. [Applause] Reports of standing committees. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Wade. [SPEAKER CHANGES] Yes, I have an enquiry at the rules chair. [SPEAKER CHANGES] Senator Apodaca do you yell for a question? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] He yelled. [SPEAKER CHANGES] Senator, Rule 17 is about the general decorum and it also mentions a dress code, does that include shoes and socks? [SPEAKER CHANGES] I think I know who you are talking about. Again, he’s a freshman so we are just gonna overlook it, thank you. [SPEAKER CHANGES] Senator Brock, what purpose you raise? [SPEAKER CHANGES] To send forward a committee report. [SPEAKER CHANGES] Send forward your report. The clerk will read. [SPEAKER CHANGES] Senator Brock, Agriculture/ Environment/ Natural Resources Committee submit for passage, House Bill 157, Committee Substitute #2 favorable, amend Environmental Laws. [SPEAKER CHANGES] Calendar. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Apodaca what purpose you raise? [SPEAKER CHANGES] The waiting clerk just read in House Bill 157, I move the rules to be suspended in and that will be brought before for immediate consideration. [SPEAKER CHANGES] Without objection so ordered. House Bill 157 the clerk will read. [SPEAKER CHANGES] House Bill 157: Amend Environmental Laws. [SPEAKER CHANGES] Senator Brock is recognized to explain the bill. [SPEAKER CHANGES] Thank you Mr. President, ladies and gentlemen and the senate, the reason why we have to take up this bill on this type of fashion is that over last two weeks we have been a victim of climate change of the snow, it’s supposed just back about two and the half weeks of getting this bill in, in front of their line on the 17th, we have a good discussion in the Agriculture Committee by a lot of the technical changes in this bill and if you want I can go through each section of technical changes or I can get to some other areas where you have the questions such as the oil and gas exploration but part of that was I will just explain it just to make sure that the rules that we already had in place are adopted in a proper way because right now we have the rules in place and we are not adopted because we thought we had rules in place, this is just make things to clarify that we do have the process and for air quality, currently there are 400… [0:05:00.6] [End of file…]

...43 air toxic rules that are on the books, and that's with federal and state so that should take care of that issue. The recycled and recovered materials, or some clarified definitions on technicals. One thing is on electronics devices and the statutes. As an example, we have spelled out a notebook computer, but as technology changes so fast that with tablets and other type of electronic devices we changed the definition of that in this statutes to make sure we can use those. As far as recycled materials also with still flag as another clarifying definition of that we can use as that material and other issues and its just clarifying that one, but I think most of the questions were on the shale gas expiration and the toxics and we think with the federal laws that are out there and the additional North Carolina rules that are out there that it should take care of all questions that are out there. We had a good discussion in Agriculture Committee and the vote was unanimous. I'll answer any questions. [SPEAKER CHANGES] Further discussion or ??. Senator Bryant for what purpose she rise? [SPEAKER CHANGES] To ask the bill presenter a question. [SPEAKER CHANGES] Senator Brock do you yield? [SPEAKER CHANGES] I yield. [SPEAKER CHANGES] He yields. [SPEAKER CHANGES] And there may be some concern enough that we might need some staff support since this was just heard and committed this morning. But, Senator Brock, can you explain what is the impact of the change in terms of allowing the EMC to default to the state and federal air quality rules? Does that prohibit them from enacting any different rules if they would find those rules to be desirable? Does it prohibit the mining commission from getting EMC studied or approval of additional rules? What is the impact of that preemption if you could explain. [SPEAKER CHANGES] I'll try to do this to best of my I may have to call on staff to answer each part of your question. One thing they do have, still have, the 60 days for any permits will be offered or extended and, honestly, with the way the economics are right now with the price of gas this is long term off. Gas price keeps dropping. They found another play in Marsalis which kind of pushes us back further on the back burner which is good. We can have some of the out there, however, having this in place. When we passed 820 in 2012 there was 3 directives that made the 3 agencies to create a regulatory program for this so the EMC, the ??, the Public Health and that's what we are trying to do, was trying to make all the rule making process that we're putting in, of all the different agencies, is that we basically left this loophole in there which the provisions were not put in place in time, even though the rules were already there. The federal rules were already there. And like I say, with air toxics, is that with the 430...there are 433 federal rules and an additional, including North Carolina, 447. So this goes far and above what the EPA Department wants to do. We just try to get it in time because what will happen is when the 17th comes around the rules will not be quote "in place" even though the rules are already on the books. [SPEAKER CHANGES] Thank you. Mr. Chair - Mr. President? [SPEAKER CHANGES] Senator Bryant for what purpose does she rise? [SPEAKER CHANGES] Just to speak on the bill. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Thank you. My understanding of this language around the air quality issue is that the Environmental Management Commission shall adopt rules if it determines that the state and federal rules are not - are inadequate which doesn't mean that they can't adopt rules, or that the rules process is like 100% preemptive is my understanding. In terms of the comfort of some of the other members we might want to get some staff reiteration of that if they have questions. On that basis I'm supporting the amends bill. I know there's some concern in environmental community that this will signal a sort of weakening of the commitment to have some of the strongest environmental protections we can have as we go into the fracking era, and they feel that this might be a retrenchment from that. My understanding is that additional rule making, should it be deemed necessary, can be made. ...

So I’m banking on that interpretation and that reality from what I’m reading. I just wanted to acknowledge on the floor for some of my constituents who are concerned that there would be a significant opposition if we were in any way weakening the air quality protections that will be needed when we engage in fracking. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Tillman, for what purpose do you rise? [SPEAKER CHANGES] To ask Senator Bryant a question. [SPEAKER CHANGES] Senator Bryant, do you yield? [SPEAKER CHANGES] You evidently were using— [SPEAKER CHANGES] Hold on, Senator Tillman. [SPEAKER CHANGES] Mr. President, to ask a question. [SPEAKER CHANGES] I yield, Mr. President. [SPEAKER CHANGES] She yields. [SPEAKER CHANGES] You yield? Okay. I heard all of that, and I wasn’t familiar with a lot of the ?? Were you speaking for or against this bill? [SPEAKER CHANGES] I am voting for the bill, but I’m— [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] I’m also representing concerns of my constituency as to what the ultimate consequences might be, and clarifying what I’m interpreting what I think I’m voting for. [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Mr. President, thank you. To speak on the bill. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] I think there’s a lot of questions on this bill, I know there’s some concerns about the time sensitivity of this bill, and getting it to the Governor. That being said, I would like to go ahead and object to a third reading. We’ll look over this, give all the members time to review it over the weekend, and give it a good thorough looking. [SPEAKER CHANGES] Further discussion or debate? Hearing none, the question for the Senate, is the passage on the second reading of the Committee’s Substitute House Bill 157. All in favor will vote aye, all opposed will vote no. Five seconds will be allowed for the voting, the Clerk will record the vote. Berger, aye. Thirty-seven having voted in the affirmative, and eleven in the negative, House Bill 157 has passed its second reading, and third reading being objected to, will remain on the calendar. Third reading roll-call, Senate Bill 36, the Clerk will read. [SPEAKER CHANGES] Senate Bill 36, Greenburg City Council changes. [SPEAKER CHANGES] Senator Wade is recognized. [SPEAKER CHANGES] Thank you Mr. President. We had a thorough discussion yesterday of this bill and I would just ask for your support. [SPEAKER CHANGES] Further discussion or debate? Hearing none, question for the Senate is passage on third reading of Committee Substitute Senate Bill 36, all in favor will vote aye, all opposed will vote no. Five seconds will be allowed for the voting, the Clerk will record the vote. Apodaca, aye. Berger, aye. Thirty-three having voted in the affirmative, and fifteen in the negative, Senate Bill 36 has passed its third reading, and will be sent to the House. Senate Bill 181, the Clerk will read. [SPEAKER CHANGES] Senate Bill 181. Wade county commissioners districts. [SPEAKER CHANGES] Senator Barefoot is recognized. [SPEAKER CHANGES] Thank you, Mr. President. I’d like to send forth an amendment. [SPEAKER CHANGES] Send forward your amendment, the Clerk will read. [SPEAKER CHANGES] Senator Barefoot moves to amend the bill. [SPEAKER CHANGES] Senator Barefoot is recognized to explain the amendment. [SPEAKER CHANGES] This amendment just clarifies that there will be no changes in the election process for the current 2016 commissioners other than the implementation of a two-year term in order to phase in the new single member district plan, and ask for your support. [SPEAKER CHANGES] Further discussion or debate on Amendment 2? Hearing none, the question for the Senate is the passage of amendment 2 to Senate Bill 181. All in favor will vote aye, all opposed will vote no. Five seconds will be allowed for the vote. The Clerk will record the vote. Berger, aye. Thirty-three having voted in the affirmative and fifteen in the negative, Amendment 2 passes and the bill is back before you. Is there any further discussion or debate? Hearing none, the question for the Senate is the passage on third reading of Committee substitute to Senate Bill 181. All in favor will vote aye, all opposed will vote no. Five seconds will be allowed for the vote, and the Clerk will record the vote. Berger, aye. Thirty-two having voted in the affirmative, and sixteen in the negative, Senate Bill 181 passes.

It’s third reading. The amendment will be engrossed and it will be sent to the House. Members we wanna thank our pages for this week. We’ve had a full week of debate and I hope they’ve enjoyed their time, but let’s thank them for their service this week. Thank you, pages. [applause] Notices and announcements. Senator Brown, for what purpose to do you rise? [SPEAKER CHANGES] Point of personal privilege when you get a chance. [SPEAKER CHANGES] Let’s see if there’s some notices. Senator Newton for what purpose do you rise? [SPEAKER CHANGES] An announcement. [SPEAKER CHANGES] You have the floor. [SPEAKER CHANGES] Thank you, Mr. President. Just a reminder for members of J1 there is still a 10 o’clock committee meeting scheduled but it should be brief so if you’re on J1 please come to our regular place. Thank you. [SPEAKER CHANGES] Any other notices or announcements. Senator Brown is recognized for a moment of personal privilege. [SPEAKER CHANGES] Thank you, Mr. President. Ladies and gentlemen of the Senate, I know you’ve heard and it was mentioned yesterday in the prayer about the helicopter crash in Florida. Seven members on that helicopter were from my district at Camp Majourn. Those Marines were part of the special ops that trained in Onslow County and those special op Marines are really like Navy Seals. That’s how extensive training that they go through and I was reading an article in the paper today and to give you an idea of just how trained these guys are, it says that they’re trained enough to form a team that could train 200-300 foreign forces, so this is a major loss I know in my community and I think for the Marine Corps in general cause these guys are special guys and you know, if you ever get a chance to go to Onslow County and go to see where this takes place, this is built up over time. there’s probably I guess 4,000-5,000 marines at the special ops training center now in Onslow County and these guys go in places nobody else wants to go and they really are special guys and it’s gonna have a huge impact on our community, so in closing we might wanna recognize these seven marines. [SPEAKER CHANGES] Further notices or announcements? Is there further business to come before the Senate? If not, the chair recognizes Senator Pate for a motion. [SPEAKER CHANGES] Mr. President. I move that the Senate do now adjourn subject to the memory of those marines who were lost in the defense of our nation and our national way of life, subject to the standard stipulations set forth in Senate rule 24.1, the receipt and referral of committee reports, receipt of conference reports, the ratification of bills, appointment of conferees and messages from the House to reconvene on Monday, March 16, 2015 at 7PM. [SPEAKER CHANGES] The motion is that the Senate do now adjourn in memory of the marines who lost their lives subject to the stipulations stated by Senator Pate to reconvene Monday, March 16, 2015 at 7PM. Seconded by Senator Brown. All in favor say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed no. The ayes have it and the Senate stands adjourned.