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Senate | June 24, 2014 | Chamber | Tuesday Budget Proceedings

Full MP3 Audio File

Senator come to order. ?? arms will close their 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 Milder Senate Chaplan. All members and guests in the gallery will please stand. SPECIAL CHANGES: Please pray with ??. Heavenly father we take a moment from our day that's been busy and harried and we left our eyes up to the eyes up to the hills from where our help comes from. Our help comes in the name of the Lord maker of heaven and earth he does not let our feet slip he watches over us and he will never slumber. Indeed he who watches over Israel will never slumber or sleep. We thank you Lord for being that kind of God and for doing even more than that. And for being willing to dwell inside of us than the midst of the hum drum of this general assembly. May we look back and say we were surely blessed to be in this place. In Christ name we pray Amen. SPECIAL CHANGES: Senator Byrd is recognized for a motion. SPECIAL CHANGES: Thank you mister president the journal of Monday June 23rd two thousand fourteen has been examined and is found be correct I move we dispense with the waiting of the journal and that it stand approved as written. SPECIAL CHANGES: Objection the general for June 23rd stands approved as written. Senator we have leaves of absence granted today for Senators Walters and McKissett. Senator our nurse of the day today is doctor Allison Abernathy of Cherable North Carolina. Nurse Abernathy please stand to be recognized thank you for your service today. (applause) Senators among the motion of Senator Louis Payd of Wayne County the chair is happy to extend courtesys of the gallery to the true friendship Sunday school class of Mount Olive first Baptist church of which Senator Payd is the teacher. Reverend Valicia Fox associate pastor of students and families. Margaret Bradshaw the Dean Duncan, Sue Fox, Isabelle Mallory, Catrina Nun, Maybell and Billy Ribbonbarte. Joyce Payd the wife of Senator Payd. If you're with us in the gallery today please stand and be recognized. Thank you for joining us. (applause) On the motion of Senator Crovic of Fourside County the chair is happy to extend courtesys of the gallery to Diane Wobeck, Elizabeth Smith and Sarah Blackburn of the fourth side county Republican women please stand and be recognized if you are with us today. (applause) The chair's happy to extend courtesys of the gallery to Doctor Joseph Milner father of our Senate Chaplen Peter Milner who served forty five years of teaching at Wake Forest university. Was state director of the North Carolina writing project, director of the North Carolina governer school and a former recipient of the order of the long leaf pine in North Carolina. Doctor Milner if you're with us please stand and be recognized. (applause) Ratification of bills ?? SPECIAL CHANGES: Enroll bills. Enrolling clerk ?? bills will be ratified properly enrolled and presented to the office of secretary of state. Senate bill eight forty five and act to allow the village of Baldhead island to operate a contract post office with a government of commercial entity. Senate bill eight sixty seven and act to extend the terms of office from two to four years for the mayor and the members of board of Baltimore in town of McDonald. Senate bill eight sixty eight in acts to extend the terms of office from two to four years for the mayor and the members of the board of Alden to the town Proctorville. House bill five thirty one an act to amend extra territorial jurisdiction authority of the town of Weaverville to make a similar technical correction as to the city of Asheville to allow the county of Bacom to zone certain donut holes. To repeal the Bacom county culture and recreation authority and to allow the board of commission of Henderson county to stand up standardize the ceiling of five districts taxes in Henderson county. SPECIAL CHANGES: Reports of standing committees.

Do we have any reports of standing committees? [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Bingham, for what purpose do you rise? [SPEAKER CHANGES] end forth a committee report. [SPEAKER CHANGES] Senator, you can send forward your report. We could have a page grab this from Senator Tillman. Thank you, Senator. Clerk will read. [SPEAKER CHANGES] Senator Bingham for the Agriculture, Environmental, Natural Resources Committee submits for passage House Bill 1139 Committee Substitute number 1, State Natural ??, favorable; House Bill 379, unfavorable as to Bill but favorable as to Senate Committee Substitute Bill, titled ‘An Act Authorizing the North Carolina Veterinary Medical Board to Amend the Board’s Laws Pertaining to License Fees and License Reinstatement’. [SPEAKER CHANGES] House Bills 1139 and 379, calendar. Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Motions. [SPEAKER CHANGES] Senator Apodaca has the floor for his motions. [SPEAKER CHANGES] Thank you, Mr. President. Members, House Bill 1025 is on today’s calendar, and House Bill 1027. [SPEAKER CHANGES] Are they both on here? [SPEAKER CHANGES] Yes. I’d like to remove those from today’s calendar and place them on Saturday June 24th’s calendar. [SPEAKER CHANGES] Without objection so ordered. [SPEAKER CHANGES] Thank you, Mr. President. Senate Bill 877, Exempt Timeshares and Rule against Perpetuities, move from J1 – remove from J1 and re-refer to State and Local Government. [SPEAKER CHANGES] Without objection so ordered. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] Senator Apodaca, you did want those bills moved to June 28th, Saturday’s calendar, correct? [SPEAKER CHANGES] Yes sir, I did. [SPEAKER CHANGES] Thank you, Senator. Senators, we’re going to move right into the calendar for today. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Motion please. [SPEAKER CHANGES] Senator Apodaca has the floor for a motion. [SPEAKER CHANGES] Mr. President, I move that rules be suspended to the end that Senate Joint Resolution honoring Senator Martin Nesbitt be brought before us, that Senate Joint Resolution 882 be brought before us for immediate consideration. [SPEAKER CHANGES] So ordered. Senate Joint Resolution… let’s see here. Senators, in preparation for this Joint Resolution honoring Senator Nesbitt, Senate Joint Resolution 882, we’re going to ask the Sergeant-At-Arms to secure all of the doors. We’re going to ask our pages to all be seated at this time. We’re also going to ask our members and staff who are remaining in the chamber to be seated as well. So for Senate Joint Resolution 882, we’re going to ask the Clerk to read that in its entirety. The Clerk will read. [SPEAKER CHANGES] Senate Joint Resolution 882, a joint resolution honoring the life and memory of Martin Luther Nesbitt Jr., former member of the North Carolina General Assembly. Whereas Martin Luther Nesbitt Jr. was born in Asheville North Carolina on September 25th 1946 to Martin Luther Nesbitt Sr. and Mary Cordell-Nesbitt, and whereas Martin Luther Nesbitt Jr. graduated from Reynolds High School in 1964 and attended the University of North Carolina Chapel Hill, earning a B.A. in 1970 and a law degree in 1973, and whereas Martin Luther Nesbitt Junior practiced law in Asheville and served his profession as a member of the Buncombe County Bar Association, North Carolina Bar association and the North Carolina Academy of Trial Lawyers, and whereas Martin Luther Nesbitt Jr. served with honor and distinction as a member of the North Carolina General Assembly where he represented the citizens of Buncombe County for 31 years, and whereas Martin Luther Nesbitt Jr. was appointed to fill the unexpired term of his mother, Representative Mary C. Nesbitt, in 1979, then went on to serve 11 terms in the House of Representatives between 1981 to 1994, and 1997 to 2004, and…

five terms in the senate from 2004 to 2014. Whereas, as a state representative, Martin Luther Nesbitt Jr. served as co-chair of the Appropriations Committee under House Speaker, Dan Blue and the Joint Select State Health Insurance Committees and was a member of several other committees including, courts, gestures, constitutional amendments and referendum, finance, judiciary two, science and technology, and the Joint Legislative Commissions on government operations. Whereas Senator Martin Luther Nesbitt Jr. served as both senate majority and minority leader was chair of the Judiciary One Committee and the Select Committee on economic recovery, and vice chair of the Senate Appropriations Committee on health and human services and mental health and youth services. And a member of several other senate committees including, appropriations, base budget, commerce, education, higher education, finance, health care, and rules and operations of the senate. Whereas, Senator Nesbitt was described by Senator Dan Blue as a giant figure having a sense of mountain popularism that ran through him, and he sensed that his major charge was to look out for the average, every day person. As a leader, he came to work every day with the same values, stick up for the little guy, fight to give every North Carolinian a meaningful education, quality health care and a chance for good jobs and never back down from a fight. Whereas, Representative Susan Fisher remembers speaking with Senator Nesbitt. She and I both spoke of the honor of holding the seat once held by the first woman elected to the North Carolina legislature, Lilliam Exum Clement. For me it was also an honor to have been appointed to the seat held by Martin Nesbitt, a man from the mountains who worked every day to improve the lives of his people. Whereas, during his ten years in the general senate, Senator Nesbitt became the body's expert in the area of health and human services, especially Medicaid. Whereas, Senator Nesbitt was instrumental in reforming the state's mental health care system and providing health care for those in need and children's programs like the Children's Health Insurance Program, CHIP. Whereas, concern for his beloved Western North Carolina, Senator Nesbitt sponsored the Clean Smokestacks Act, promoted rich law legislation, worked to secure funding for the North Carolina Arbitrary ?? and helped to start Advantage West, which has promoted economic development in Western North Carolina for over 20 years. Whereas, some of Senator Nesbitt's other accomplishments include, helping to create the Western North Carolina Agricultural Center, upgrading facilities at public schools, and providing access to quality universities and community college. Whereas, Senator Nesbitt was an advocate for the Mountain Area Health Education Center, MAHEC, and a leader on health issues across the state as demonstrated by his work with the MAHEC Nurse Practitioner Certificate Program, and through his support of the creation of the Center for Healthy Aging. Whereas, Senator Nesbitt was a supporter of the Eastern Band of the Cherokee Indians who deemed him a friend and an ally and dedicated servant of North Carolina. Whereas, Senator Nesbitt also served in many capacities on a number of boards and commissions including, as a member of the North Carolina Child Health Tax Force and North Carolina Center for Nursing Advisory Council, as chair of the Holocaust Education Program and as director of the Buncombe County Unit of the American Cancer Society Remediation Center and the Western North Carolina Chapter of the Alzheimer's Association. Whereas, Senator Nesbitt enjoyed his work at the North Carolina General Assembly, but he also enjoyed what North Carolina gave him: NASCAR. He was an avid race fan. He saw an opportunity to bridge his love for NASCAR with his senatorial work by organizing the General Assembly Pit Crew Challenge. It's only fitting that he will have a race in his honor, the Senator Martin Nesbitt Memorial Race at Newport Motor Speedway on June 21st, 2014. Senator Nesbitt has been a supporter of the speedway

...a part of Southeast Super Truck Series where he supported his son, Mark's racing efforts, and then his grand-daughter, Taylor, racing career. Newport Motor Speedway has dubbed him our racing representative. And whereas Senator Nesbitt was a member of the St. Louis Episcopal Church and whereas Senator Nesbitt was a devout family man and fair but tough statesman, who served the State of North Carolina with extraordinary dedication and tenacity, and whereas Senator Nesbitt died on March the 6th, 2014, at the age of 67. But the day before he died, returned to Asheville to a hero's welcome. Riding in an ambulance escorted by sheriff deputies as well wishers lined the road waving Get Well Soon signs and American flags. Whereas Senator Nesbitt leaves, to cherish his memory, his wife of 35 years, Deane Nesbitt, a son Martin Nesbitt, a stepson Chad Nesbitt, a sister Mary Ann Dotson-Silvey, and two grandchildren. Now, therefore, be it resolved by the Senate, the House of Representatives concurring, Section 1, the General Assembly honors the memory of Martin Luther Nesbitt, Jr. and expresses the appreciation of this state and its citizens for the services he rendered. Section 2, the General Assembly extends its deepest sympathy to the family of Martin Luther Nesbitt, Jr. for the loss of a beloved family member. Section 3, the Secretary of State shall transmit a certified copy of this resolution to the family of Martin Luther Nesbitt, Jr. Section 4, this resolution is effective upon ratification. [SPEAKER CHANGES] Senator Blue is recognized to speak to the resolution. [SPEAKER CHANGES] Thank you, Mr. President and my colleagues in the Senate. It's appropriate that we pause today, I think, to remember and celebrate the life of Martin Nesbitt. A dear friend who we all knew well. As I said at Martin's funeral and the more I reflect on it now, the more I realize that he better than any individual I've known over my lifetime, embodied that directive in the Old Testament, Book of Habakkuk where the Lord told the Prophet rate the vision and make it plain so that a runner can curry the correct message. And as I reflect on it I don't think any of us can remember or know of anyone who had a clearer vision of what we can be in North Carolina, who articulated it so clearly and who carried it so forcefully. You've heard a lot read in the resolution and it really does describe a man who dedicated more than half of his life to this General Assembly and the people of North Carolina. And you can get to the heart of what people really feel about someone by the way they describe him and remember him. Immediately following Martin's death, I read the news coverage from around the state of various papers. Those in western North Carolina, as well as eastern North Carolina. They gave incredible tributes to Martin along the lines of what has been read in the resolution. And those stories that were told across the state generally show Martin or illustrate him as a forward thinking leader, a determined champion for the little guy. And somebody who was a valued friend to people all across this state. Now, the interesting thing, Senator Allran and I, along with about 20, 25 other people got elected to the General Assembly, to the House, in 1980. Martin Nesbitt was elected in 1980 and in that class of 1980 there ended up being four speakers, all of the Democratic speakers over the last quarter of a century came from that class. A lieutenant governor, a labor commissioner and an appellate judge. And even among those people, Martin Nesbitt was like a redwood Sequoia among saplings. And he instantly stood out when he got here and started providing leadership for a quarter of a century or more for this state. As we talk about Martin's accomplishments against that backdrop they seem even more remarkable. He thought that we could be a national leader in education and went about trying to show the...

...we could, in fact, do that. He thought that we could improve the quality of life for all of the people in this state and he went about doing that. And he though that we could improve the quality of life for a lot of people who couldn't do it on their own. That's why he became such a great champion of mental health and mental illness and dedicated a substantial portion of his career, not only in the House but here in the Senate, and making sure that we did what we should do by this vulnerable group in or population. You know, you heard all of the great things he did but one thing that stands out. He figured early on, even before some of you fellows, that the Commerce Department wasn't working for western North Carolina. And started supporting this group, Advantage West, which became a model on which we developed the sense of economic development, a theory of economic development on a local level. And suggested that a centralized approach by the Commerce Department with one shoe fits all mentality simply would never deliver the jobs to the places in the state that need it the most. That it would be those who are already have that would keep getting more if we kept going business as usual. And those who know Advantage West, certainly Senator Apodaca and Senator Davis and now Senator Van Duyn and the others who come from that part of the state, know the tremendous value that it played in converting that region's economy and moving to other kinds of economic development models. But the other thing that I point out about Martin is that he seemed to have combined honest, is his feeling about education, his feeling about what he owed to the people of this state. His parents were both public educators and so that became part of his DNA and he spent his career, pretty much, advocating for education. Whether it was his efforts to increase teacher pay and state employees pay because he thought that they should be more appreciated. Whether it was his effort as we, for the last time, increased the pay of state legislators in 1994. And he sort of felt that there ought to be some connection between one's ability to work hard and give service to his people and what people thought about them. I believe that Martin knew that, also, that government could help people. That it wasn't always in the way, it wasn't always impeding progress. But aimed in the right direction it could help people overcome some of the impediments that they may have had, whether they had been put upon or whether they had the misfortune to have been in the wrong place or born in the wrong way. I had the pleasure of working with Martin for 30 plus years and in that time I saw first hand his determination to do right by his constituents from western North Carolina, but also his constituents across this entire state. The state has changed since Senator Allran, Senator Nesbitt and I came to the legislature in 1980. It's grown a lot. The challenges are somewhat different, but it is still the place where Martin Nesbitt's voice rings out that we can do more for our economy. We can do something to transition us better from an economy of the past, whether it was dependent on tobacco or textiles, or furniture or manufacturing. And do the things that make this economy one that's for the future. And I say that Martin had a grand vision, not as if he was the only one alone who developed it. As we moved over our progress over the years, Martin alone with other leaders in this state over the last three decades, realized that if we were going to make the vision plain and articulate it, that you had to come to work every day with the same values. You did have to stick up for the little guy because at the end of the day he's the one who will make the state the greatest it can be. You did have to advocate for education for everybody, not just those who may be privileged, know how to study and to get by early, but for every single individual in this state. And Martin, as I talked to some of the people who served with us early, really did love to fight anybody who didn't have those values. And he would stick up for those things. And speak out until the wee hours of the morning. We have been the beneficiary of Martin's great record, because he often reminded us how things got the way they were and how we ought to think about how they are and how they were before we decide to willy-nilly change them. I believe that Martin Nesbitt was...

Separated from this pack of those of us who came in 1980. Because he was loyal also, to his people and to his friends. There was never anything bad that I know of associated with Martin, certainly no scandal. Martin had outrageous ambitions for the people of the state. He never had personal outrageous ambitions. In fact, he gave his time freely for it, nearly 35 years, at a great sacrifice to benefit the people of this state. And, lastly, I talk about Martin as a friend. You know, you heard it revered that he liked spending time with his family. And he did. I didn't drive from Ashville to Raleigh every Sunday night or Monday morning. It used to be every Sunday night, as we started on Monday for thirty plus years, eight hours on the road each week. Coming down here for study committees and all of that. And so it adheres to be challenging on one's ability to spend quality time with his family, but Martin mastered that. And the time with his son Mark, who grew up around us and his granddaughter and his wife, who's valuable time. And he made sure that he did that and that's that kind of loyalty that made Martin the strong man that he was. And one that we can all count as a friend. We found an expression that Martin always shared with us, was that, you know, you can't heat things up too quickly but if people aren't doing what they ought to do, if you put a blow torch to their backside, sooner or later they'll start moving and you can get them down the road, where you'll need to get them. You know, as well as I do, that Martin knew how to put a blow torch on many folk when he though they weren't going in the direction we'd ought to go. So, Mr. President, I command this resolution to you. I'm proud to be one of the sponsors of it and I'm proud to have called Martin Nesbitt a friend and as importantly, a great servant and a great citizen of North Carolina. [SPEAKER CHANGES] Thank you senator Blue. Are there any further discussion or debate? Senator Stein, for the purpose of your aye's. [SPEAKER CHANGES] To speak in favor of the resolution honoring Martin Nesbitt. [SPEAKER CHANGES] Senator Stein, you have the floor to speak to the resolution. [SPEAKER CHANGES] Thank you, Mr. President. It's with affection and sorrow that I rise. Affection for Martin Nesbitt, in the unique, one of a kind person that he was and sorrow for having this tribute come years before it should have. Martin, of course, was a man of the mountains. The land, the altitude, the climate, but most importantly the people of Bunken County, shaped who he was and how he saw the world. There wasn't a pretentious bone in Martin's body. He treated everyone with respect for the simple reason that he respected everyone. Since he's passed I've had the privilege to have a number of people, be they staff folks, lobbyists, other members. Come up to me and share their sentiments, even members of the press and many of them did so with tears in their eyes. We all got to see the tribute that was paid to him that was referenced in the resolution, about all the volunteer firemen from the time they hit I-77 west, going up the mountain, coming out of the different exits and standing there with their ladders up in the air with American flags. As Martin rode up, that last time, in the ambulance, it was an unbelievable expression of affection and respect. Martin was a unique representative. He absolutely loved legislating. Think about what Dan just said. Thirty years coming down the mountain four hours and back. What an incredible testament to his passion for what we do here and the importance of that work on people's lives. We're all by definition politicians. Issues come up. A lot of them are tough issues. Our visions sometimes get clouded by the pull and tug of different interests and the competing ideas. Martin, better than almost anyone I knew had the ability to see through that issue with the clarity and that clarity came because he lived through a lens. Well, he asked himself, how is this going to effect working folks? Is this going to make their lives better? Is this going to make their lives harder? And he would be suspicious. Would it strengthen some big bureaucracy and that bureaucracy to Martin could be large corporations but it could be big governments, state government. He wanted to look out for the little guy and he and I, on more than one instance banged heads. Didn't always come out in public when we did it. Well, I was one to do something and he would push back and say, But how's this going to effect

... a small businessperson. That’s what his touchstone was. He cared about the work we do. In committee he would ask penetrating questions. He’d want there to be a deliberative process. He was never comfortable, whether it was under Democrats or Republicans, when bills sped through committee. He wanted us to chew over, because as Dan said, the law in the way it is for a reason, and it’s not always immediately apparent to us, but he always knew that we do better when we ask ourselves the question “Why is it the way it is?” He would talk to any and everyone about his thoughts, often at length. He’d stand up on Senate floor and speak. Sometimes you might recall he’d do it for a pretty long while, but he’d do it with language, imagery and passion that resonated. My wife Anna time and time again would just tell me when she’d hear some snippet on the radio in the morning, “I love it when Martin Nesbitt stands up there and speaks. He’s speaking in a way that I understand and I share his values.” Martin loved this institution of the General Assembly, both the House and the Senate. He understood that these chambers are bigger than any one of us individually, and he understood that we all play different roles – different role with if you’re on an appropriations chair in the House or you’re Speaker Blue, for whom he had the most profound respect, or as majority leader in the Senate, or as minority leader in the Senate, and he would talk to us. When we had that transition in 2010, it was uncomfortable for a lot of members, particularly people who had been here for a little while and were used to being in the majority, and he’d say “Guys, you’re not in the majority anymore. You don’t have the votes to win. You have to understand what your role is and continue to do the best you can for the people, but it isn’t going to be the way it used to be. You have to find a new way to have an impact that’s going to make people’s lives better.” No matter what his role was, Martine put his heart and soul into doing work with integrity. He very much enjoyed the comradery of his colleagues, both Democratic and Republican. He used to love to sit and smile at Ellie when Ellie would stand up and say whatever it was she was saying that day. He genuinely enjoyed working with you, Senator Apodaca, particularly when ya’ll were on the same side of whatever particular mountain dispute that the rest of us didn’t understand. But even when they weren’t, after the debate was over, Nesbitt would immediately walk over and talk to Tom and shake his hand because for him, the policy wasn’t personal. He understood Tom saw the world differently than he did, and it was his role to stand up for his worldview, but at the end of the day he always had a handshake for his colleagues. Martin cherished his family. Nothing, I mean nothing made him happier than when he got in his car to start driving up I40 to head home. He wanted to be with Deane and he wanted to crew Mark’s races. Those races were always job one. It didn’t matter what political gathering was going on, and I got called to pinch hit at a number of them. If there was a race for either Mark or Taylor, he was going to be at that race and I was going to have to be wherever he wasn’t. That’s where Martin’s priorities were because he lived his life by the right priorities in all the important areas on his life, and for this reason, I wholeheartedly commend this resolution that honors Martin, a man of the mountains, a one of a kind legislature, a friend and a family man. Martin, we miss you. [SPEAKER CHANGES] Thank you, Senator Stein. Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Speak to the resolution. [SPEAKER CHANGES] Senator Apodaca has the floor to speak to the resolution. [SPEAKER CHANGES] Thank you Mr. President. Members, it’s always difficult to follow Dan or Josh, but when you have to follow them both, it’s very difficult. Martin used to do the best job of that, by the way. He could surmise what you two had said and bring it to terms us mountainfolk could understand because we sometimes, as Josh said, speak a different language. I’m reminded, before I married my grandfather was talking to me and he said “I’ll tell you something, son. You may think I’m crazy but you need to pay attention.” I said “What is it?” He said “You need to marry somebody you enjoy arguing with because in order to last, you’re going to have to walk away from an argument and still love the person you argued with,” and he says “That may not seem like advice to you now, but you’ll…

learn as you get older it's good advice. Well, I think that surmises mine and Martins relationship. We could argue but at the end of the day I still enjoyed his company. And as we sat around here and Brunstetter would be back here, there were two times we knew when we were gonna catch it. The first time was when we heard for the life of me. And then boom boom boom. We'd get laid into, and then he would wrap it up with that's just mean spirited so if we knew we hit any one of those phrases we had done something wrong in Martins eyes and we were being corrected for it. But as we went on and Martin would want to keep talking about something afterwards which sometimes he did, he didn't finish on the floor, he wanted to finish later. I found the secret weapon and that was to ask about his granddaughter and he would change like that. We'd talk racing and Martin I have to be honest with you she past you in his eyes I'm sorry. But that's ok. He loved to talk about racing especially with his granddaughter. But he turned that last lap and went across the finish line and they raised that checkered flag. He's up there telling us to wrap it up enough's been said he don't want to hear anymore. But we miss him in this chamber I think everybody will admit to that, we miss him everyday. So, I know he's up in heaven, leading some meeting about something that may need to be changed and putting his opinion out there and he and the all mighty will probably have some interesting discussions. I think Martin will get a say but I do recommend this resolution to you. [SPEAKER CHANGE] Thank you Senator Apodaca. Senator Allran what ??? [SPEAKER CHANGE] Speak on the resolution [SPEAKER CHANGE] Senator Allran has the floor to speak to the resolution [SPEAKER CHANGE] Thank you Mr. President. As Senator Blue has mentioned the three of us served from the 1980's session on. So I served with Martin all 31 years he was in the legislature and I remember so well serving in the house at that time. Sitting on the very back of the chamber as Republicans did when there weren't very many of us at all over there. The new representative coming in from Asheville who was replacing his mother who had passed away and I thought that was a really interesting thing and I was fascinated by the thought of that and I've followed him every since, his career and I have to say it was really distressing to and shocking to find out that he was fatally sick and that he would pass away in such a short period of time it was quite a shock and quite awful. But I always liked talking to Martin at different occasions when I would be able to do that for example at lunch or whatever. Because he was so independent. And he really he certainly was not a republican obviously. But he was not exactly a democrat either. He was a populist and he always made his own way and saw things his own way. Nobody ever told him how to do anything. Whatever he wanted to do is exactly what he did. He had a great institutional memory. He had a really good sense of humor. Even as opposition leader he was never bitter and he never had a mean spirit. I jotted down a few of his character traits that I not only appreciated and liked but that I admired and that I do admire. His independent spirit, his populist principles, his honesty, his integrity, his intelligence, his oratorical skills, and I think more than anything else probably his courage to be his own man. He was just unique. Like the other speakers have said and like I know all of us feel all together I know corporately and individually we certainly do miss Martin Nesbitt. [SPEAKER CHANGE] Thank you Senator Allran. Senator Van Duyn for the purpose of ?? [SPEAKER CHANGE] To speak to the resolution. [SPEAKER CHANGE] Senator Van Duyn you have the floor to speak to the resolution. [SPEAKER CHANGE] Martin Nesbitt was my senator. I met with him a number of times about issues that I felt passionately about and he always listened carefully and with respect and he always returned my phone calls. Surprisingly, he didn't always agree with me though but I never doubted that he

Senator 1: I had the best interest of these people and is not (??) hard… Just recently I attended a drug court graduation and there was a woman there who spoke very passionately about a program (women at ??) that turned her life around. It made me smile because I remember how passionate he fought for that program. Thanks to senator Apodaca we have a more permanent memorial to his memory. I know he’d be very proud to know that our new stand school will be named in his honor. Each time I enter the senate chamber, I remember senator Nesbitt and his love for his people and these mountains and I‘m inspired to try to live up to his example. It is my privilege to invite you all to the reception when we recess this afternoon. It will be held in the 110 court immediately following this, and we will be honoring his family. Thank you very much. B: Thank you, senator. Senator Robinson what purpose is your aye? Senator Robinson: To speak to the resolution B: Senator Robinson has the floor to speak to the resolution S. Robinson: Thank you Mr. Cheer(?). Ladies and gentlemen, I had strangely enough said with senator Apodaca and senator Rucho the other day (??) the three of us were just talking the usual junk, but the common piece was how much we miss Martin. And I truly miss Martin. One of the pleasures of coming in to the general assembly was that when I first decided that I’d like to serve in this wonderful body is when Martin came to meet with me. Of course Katy Doors is my predecessor and I have a lot of respect for her. But there was nothing like the rich that Martin is behead. He made everybody feel important. He came with knowledge; he came with information; he came to share. But he also came to encourage. And I think that all of you would say that regardless of the party; regardless of the gender, the race the religion, the anything, Martin always made everybody feel they were somebody. It didn’t matter about status or anything. And that’s the way he embraced all of us, I’m sure, who are here today and he got to know you. I said at a recent memorial “Martin was a gentle giant.” I’m really short. And he was really tall, so you can imagine looking up. But with all of the status; all of the knowledge; all of the years of understanding the legislature; having been in the position of power and not so much power later: it never changed him. He is still (??) everybody feels that what you thought was just as important. May not appear that much knowledge but what you thought was important. And he never used his knowledge or his power to make anybody feel little or to blow you away. And that’s what humility is about for Martin. Martin was humble. He cared about people; he cared about the little people; he cared about the people up there. And that how we remember him say “My folks…(??)” or “my folks up there.” And we knew where that was going when he was talking about it. But it gave you a sense of the people he served. And then this people would come to rally, whether they were teachers or unemployed, or about (hill??) or middle hill. He still made everybody feel important. And their concerns were his concerns. What I think about, often times, we move around and we say, and I said to Dan, (Soucek) Dan: “we sure miss Martin, don’t we?” And certainly Dan is a great person. I’ve been knowing him a long time too. And that Martin is been in a special trace whether you as a Republican, or me as a Democrat, or you as a man, and me as a woman, or regardless of African-Americans, Caucasian, native-Americans, Hispanics, who ever it is, if you talk to people across the stay as they talk to you, they’ll ever reflect that if they ever met Martin or heard what he said on the floor..

watched the television or whatever, they felt the caring that he had and the love he had for North Carolina. Martin genuinely loved North Carolina and always wanted it to be the very best place that offered the best quality of life for everybody. So, I am so grateful to you, Dan and Josh and Tom, for presenting this resolution, for having it here, and to his family, for sharing him with us. All of us you don't know, and I met some of you at the funeral. But, we're so grateful for you sharing Martin with us so that we could understand what we should aspire to be. So, I commend the resolution to you. Speaker Changes: Thank you, Senator. Senator Graham, for what purpose do you arise? Speaker Changes: To speak to the resolution. Speaker Changes: Senator Graham, you have the floor to speak to the resolution. Speaker Changes: Thank you. When I was first elected to the state senate in 2004, Senator Blue was very instrumental in helping me get here, and one of the first individuals--I don't know if he remembers this--he told me I needed to talk to was a guy by the name of Martin Nesbitt. I called Martin to say, "I'm from Charlotte, and I'm coming to Raleigh, and I was told that I needed to talk to you." He said, in his own way, "Well, you know what, I'm going to be that way tomorrow." I said, "Why don't you stop by the house?" He did. On his way back, we spent two hours on my deck, and he gave me a lesson on the general assembly. I defeated an incumbent, by the way, Fathom Odom, and he said, "You're in trouble." [laughs] He kind of laid out the line for me in my caucus as well as what's happening in the general assembly. I think Gladys was right in a way that it was Politics 101, everything you needed to know about the general assembly, but you were afraid to ask. Martin made it very clear, very precise, and very point, in terms of, "This is what you need to know and this is what you need to do." That relationship...He was a House member, and I'm a senator. When he came to this side, it really made an impact on me just watching him in terms of being an honest broker. I think you're right. He was a Democrat, no doubt about it. But, he was an honest broker in terms of trying to do what was right on behalf of the citizens of this state. He was really more interested in the policy than the politics. He just wanted to make sure that every individual across this state, democrat, republican, black, white, rich, poor, young, old had a better tomorrow. That their tomorrow was better than their today. His spirit still resides in this chamber. I spoke with Martin. It's about February, early February, and he called and said, "How's thing going on the trail?" We spoke about thirty minutes on the phone and, he encouraged me. He gave me some advice and sent me on my way. Thirty days later, I got the news. He is gone from our presence, but he is not gone from our spirit. He is here. As I leave and depart the Senate, I do so in his memory and his honor. He was an honest broker and if we, as men and women, of this senate and if we would kind of follow in his footsteps and be more concerned about the policy than the politics, North Carolina will be a great place to live as it is today. I commend the resolution to you. Speaker Changes: Thank you, Senator Graham. Any further discussion or debate? Senator Davis, for what purpose do you arise? Speaker Changes: To speak on the resolution. Speaker Changes: Senator Davis has the floor to speak on the resolution. Speaker Changes: Mr. President, members, and the family, Martin was a true friend to us all. It went well beyond just the general assembly. But, I too, remember when I first came, and we were experiencing an issue with mental health and we didn't necessarily see eye to eye, but

he reached out to help me, and we actually found common ground and we moved forward and pushed through the issue. And that was the person I actually came to know, a person who's extremely helpful and listening to the comments one thing that I would really emphasize is his ability to not only hear you but to truly listen to what you were saying and hear what you were saying, whether it was for the good or for the bad, he would share his true thoughts. Now I can tell you, I truly believe that we became friends and where I think I discovered we were friends, I would call him and check in with him on certain things, and I had to call a few times on the weekend and I called and he said "Well, I'm at the racetrack", so I felt especially that he took the call at the racetrack. But not only did he fight for the little person, but he looked for those fights. And there were so many exciting exchanges in this chamber but one that a colleague and I were reflecting on yesterday was we had a bill, some may remember, dealing with a moped and the insurance. And you would think it was a simple bill, but they went round and round and round on that bill, and at the end of the day his thought was, "You're kicking down the man who's down on his luck!" And that [??], Senator Apodaca. But he stood truly behind what he believed in and the importance of that story is he fought there on that issue with the same intensity, you'd thought it was the budget bill or something else. He didn't back down, he didn't shy away. And one other personal experience I would like to share is this reflection. I remember one time we were heading to an activity and someone came literally and walked up to us and asked us for a couple dollars, and right away Martin pulls out his wallet right there, and opens it up and pulls out a twenty, and I'm like "Wow, so often we truly walk by." But he truly didn't walk by, and I'm reminded of the proverb: "The one who is gracious to the poor also lends to the Lord." And he allows us to remember that as he lived as an example. I would say to our friend yes, we miss him, I say to his family it's obvious he remains in our thoughts and our prayers, and I just thank God that he stopped so that we could have the opportunity to know him as we have and thank God that the state of North Carolina was able to have a person in Martin Nesbitt. [SPEAKER CHANGES] Thank you, Senator Davis. Any further discussion or debate? Hearing none, Sen. Berger, what purpose do you rise? [SPEAKER CHANGES] Thank you Mr. President. To speak briefly on the resolution- [SPEAKER CHANGES] Sen. Berger you have the floor to speak to the resolution. [SPEAKER CHANGES] Members, I've like you listened to the comments and it's brought back a lot of memories and I've tried to think through what was it about Martin Nesbitt that really brings forward these kinds of memories. I think part of it is probably longevity, folks that have been around for a long time have memories that probably tend toward the more favorable things and you sort of forget the tough times. Part of it is there's a lot of truth to what folks had said about Martin. He was someone who was special, there's no question about that. But I thought of one thing that he'd said to me on several occasions that I think, at least for me, kind of illustrates some of things people are saying. There are some things that Republicans generally are for, some things they're against, some things Democrats are generally for, some things Democrats are generally against. And it wasn't unusual for Martin to have a conversation, at least with me, and start out with "Now you can't be for this," because he sort of understood where we came from, or the kinds of things that we did. He understood kind of the world view of the person who was across from (recording ends)

And, that's a talent that is part of his personality that I think has helped people in this chamber, who have very different worldviews, to have fond memories oh Martin Nesbitt. I'm reminded of one other thing that I think is interesting. The first time I heard that Martin Nesbitt, liberal democrat, was an active participant in stock car racing...now, maybe there's something wrong with me, but that just didn't seem to fit. I had a client, still a client, who also was involved in stock car racing and he came to see me one day about a particular issue and he said "I know somebody and I work with him on the stock car circuit. We race against each other." It was a series where they apparently they went all over the country just about. He talked about going to Florida and other places. He talked about what a great guy this person was and how they got along. Now this client of mine is not someone, no offense to the Democrats, who would go to a Democratic Party meeting or anything of that nature. But he truly enjoyed Martin Nesbitt's company and Martin had a way of understanding people, a way of working with other people so that, even if you had a different worldview, your time with him was time that you felt was well spent. So I, like everyone else, commend this resolution to you. I think that, as Senator Allran and others have said, Martin's left us way too soon but this resolution is something that is well-deserved. I commend it to you. [Speaker changes.] Thank you, Senator Berger. Do we have any further discussion or debate. Hearing none. Question before the Senate is the passage of Senate Joint Resolution 882. On its second reading all in favor will vote aye, opposed will vote no. Five seconds will be allowed for the voting and the clerk will record the vote. Forty-eight having voted in the affirmative and zero in the negative. Senate Joint Resolution 882 passes its second reading. At this time I'd like to ask all senators to please stand. Without objection, it will be read a third time. [Speaker changes.] North Carolina (?????) enacts.[Speaker changes.] Further discussion or debate. Hearing none. All in favor of the passage of Senate Joint Resolution 882 on its third reading will say aye? [Group says aye.} Opposed no. The ayes have it. Senate Joint Resolution 882 passes its third reading and it will be sent to the house by special message. Senators, on the motion of Senator Van Duyn and Senator Apadoca of Buncombe County, the Chair is happy to extend courtesies of the gallery to Mary Anne (???), sister of Senator Martin Nesbitt; Martin Nesbitt, his son; Lisa Nesbitt, his daughter-in-law; Taylor Nesbitt, his granddaughter; Tony Dodson, his nephew; and Kirsten Dodson and Emily Dodson, great nieces. Thank you for being with us. Please stand and be recognized. (applause) Senator Apodaca, for what purpose do you rise? [Speaker changes.] Mr. President, a motion please. [Speaker changes.] Senator Apodaca has the floor for a motion. [Speaker changes.] Mr. President, I move that the words spoken about Senator Nesbitt be spread upon the journal. [Speaker changes.] So ordered. [Speaker changes.] Mr. President. [Speaker changes.] Senator Apodaca? [Speaker changes.] Let's take a recess til about 3:30 with all the usual conditions when we recess. [Speaker changes.] Thank you Senator. The senate will stand in recess subject to messages from the house until 3:30. [Speaker changes.] Senator Apado...mmm...we have individuals from the house that are trying to get over for a statement there and the family was here and I was trying to get those through beforehand. [Speaker changes.] Ok. Well, I think they're going to the house next...downstairs.

We'll stand in recess til 3:30 . [SPEAKER CHANGES] Message from the House, House bill 1052, an act to adjust the utility regulatory fee to reflect the change in regulatory climate for the telecommunications industry, as recommended by the LRC committee on the assessment of regulated and nonregulated utility fees, refer to finance. House bill 1120, an act authorizing two county commissioners to serve on the board of Durham Technical Community College. Refer to state and local government. House bill 1182, an act to authorize the acquisition and construction of financing without appropriations from the general fund or certain capital improvement projects that the constituent institution or University of North Carolina. Refer to appropriations based projects, [??] referral to finance. House bill 1248, an act to allow Washington County to remove abandoned vessels from navigable waters in the same manner that [??] and [??] counties removed abandoned vessels. Refer to state and local government. Senate bill 38, held in the clerk's office. Committee report: Sen. J. Davis of Macon, for the state and local government committee, submits for passing House bill 1045, the town of [??] to have municipal elections. Schedule favorable, House bill 114L part d transferring property favorable. House bill 1134, Cleveleand county road assessments criteria, favorable. House bill 1159, committee substute number 1, city of Greenville private sale, favorable. House bill 1207, High Point charter council hire city attorney, favorable. House bill 1218, city of Monroe supervision of attorney, favorable. Senate bill 851, allow absentee voting, first [??] district, favorable. Committee reporg: Sen. J. Davis of Macon, state and local government committee, submits the passage of Sen. bill 839, unfavorable as to bill, but favorable as to committee substitute bill title: an act providing that parking meters in the city of western Salem be activated by coins, tokens, cash, credit cards, debit cards, or electronic means. Senate bill 875, unfavorable as to bill but favorable as to committee substitute bill, Bakersfield staggers terms of town council. House bill 113, unfavorable as to bill but favorable as to committee substitue bill, title: An act to exempt the transfer of the [??] road site, pursuant to an interlocal agreement between the city of Ashville and Henderson county, from article 16 of chapter 168 of the General Status and from the Sullivan acts. [SPEAKER CHANGES] Senate will come to order. Sergeant at arms close the doors, members will go to their seats. Members and guests of the gallery, please silence all electronic devices. [SPEAKER CHANGES] Senators, we are still on the calendar portion of our agenda. And we are starting off with local bills, third reading, role call bill, Senate bill 846, the clerk will read: [SPEAKER CHANGES] Sen. Bill 846: [??] [SPEAKER CHANGES] Do we have any discussion or debate? Hearing none, question for the Senate is passage of the committee substitute to Senate bill 846 on its third reading. All in favor vote "aye", opposed to vote "no". Five seconds will be allowed for the voting and the clerk will record the vote. McLaurin, Barefoot, aye. Soucek, Rabin, McLaurin, aye. (recording ends)

Forty-five have a vote in the affirmative and zero in the negative. Committee substitute Senate Bill 846 passes its third reading. It will be sent to the House. Senators, we have a leave of absence granted for Senator Rabin. Still on local bills second reading. Roll call bill House Bill 1080. The clerk will read. [SPEAKER CHANGES] House Bill 1080 ?? ??. [SPEAKER CHANGES] Is there any discussion or debate? Senator Davis, what purpose do you rise? [SPEAKER CHANGES] Thank you, Mr. President. I need to send forth an amendment to that bill. This is the technical correction. [SPEAKER CHANGES] Senator Davis. Senator Davis, you can send forth your amendment. The clerk will read. [SPEAKER CHANGES] Senator Davis will make a move to amend the bill. [SPEAKER CHANGES] Senator Davis is recognized to explain the amendment. [SPEAKER CHANGES] Pardon me. It’s merely a technical correction that was brought to our attention by the town. [SPEAKER CHANGES] Is there any discussion or debate? [SPEAKER CHANGES] Hearing none. The question before the Senate is the adoption of amendment two. All in favor vote aye. All opposed vote now. Five seconds will be allowed for the voting. The clerk will record the vote. Soucek, Newton. Forty-five having voted in the affirmative and zero in the negative. Amendment two is adopted. The bill as amended is back before the body. Is there any further discussion or debate? Hearing none. The question before the Senate is the passage of House Bill 1080 as amended on its second reading. All in favor will vote aye. Opposed will vote no. Five seconds will be allowed for the voting. The clerk will record the vote. Newton. Cook. Cook, aye. Forty-five having voted in the affirmative and one in the negative. House Bill 1080 as amended passes its second reading. It will remain on the calendar. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Hise, what purpose do you rise? [SPEAKER CHANGES] For a moment of personal privilege out of order. [SPEAKER CHANGES] Senator Hise, you have the floor for the moment for personal privilege. [SPEAKER CHANGES] And to send forth senatorial stipe. [SPEAKER CHANGES] You can send forward your statement, Senator. [SPEAKER CHANGES] Mr. President and members of the Senate, as I stand before you again today, sending forth a statement to honor Robynn Spence. I continue a theme of today and that’s leaders of western North Carolina who left us way too early. Coming forward. When I first in redistricting was told Rutherford County would probably be part of the district, Senator Debbie Clary told me there was the first person I needed to meet in Rutherford County and talked to. There was one person that knew the entire county and was loved by the entire county, and that was Robynn Spence. Robynn actually began her career in working in the clerk’s office in Mecklenburg County. She came back to Rutherford County. She worked in the clerk’s office there. She worked for the sheriff’s office, the Department of Social Services, and one of the most beloved members of the community that one could imagine. It was an honor to work with Robynn, to campaign with Robynn, to be part of that. She was elected Clerk of Court there in 2008. Earlier this year in February, Robynn filed for reelection for Clerk of Court on Monday. Robynn passed away on Sunday from complications of the flu. We will greatly miss this incredible woman who served her community so graciously and with such honor, and I would like to ask you all today as members of her family are here and the Lieutenant Governor. I will recognize them just a minute to stand with me honoring her and her family and what they mean to western North Carolina. Thank you. [SPEAKER CHANGES] Thank you, Senator Hise. Upon the motion of Senator Hise of Mitchell County, the Chair’s happy to extend courtesies of the gallery to the family and the friends of Robynn Lowe Spence, Savannah Spence, her daughter, Robby and Diane Lowe, the parents, Kim and Avery Hodge, friends, and Senator Debby Clary as well from Rutherford County. If you’re all with us, please stand and be recognized. Thank you for being with us today.

Senators backdoor calendar, still on local bills we have a bill for concurrence senate bill 741 Clerk Reed. [SPEAKER CHANGES] Same bill 741 Bladen, Columbus, Franklin, Hoke, Pax, Hurt. [SPEAKER CHANGES] Senator Barefoot is recognized. [SPEAKER CHANGES] This is a local bill, I ask you too concur the uh house added Hoke county. [SPEAKER CHANGES] Is there any discussion or debate. Hearing none. Question for the senate is the motion to concur in the house community substitute to senate bill 741 there will be one electronic vote all in favor vote Aye, oppose the vote no five seconds will be aloud for the voting. Clerk will record the vote. 47 having voted in the affirmative and 0 in the negative. The senate concurs in house community substitute senate bill 741 it will be enrolled. Moving on to public bills at this time second reading, role call bill senate bill 729 Clerk Reed. [SPEAKER CHANGES] Same bill 729 coal ash management guide 2014. [SPEAKER CHANGES] Senator Abadaka is recognized to explain the bill. [SPEAKER CHANGES] Thank you mister President if we may, before we start, have a couple of motions I need to make please. [SPEAKER CHANGES] Senator Abadaka has a full for motions. [SPEAKER CHANGES] Thank you mister President member senate bill 788 uh town of duck imminent domain is currently on the committee state local government asked that he could be removed state and local and re-referred to committee on rules. [SPEAKER CHANGES] Without objection so ordered. [SPEAKER CHANGES] Thank you mister President member I moved the rules be suspended to the end staff may join me on the floor for the presentation of this bill. [SPEAKER CHANGES] So ordered. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] Senator Abadaka you're still recognized to speak to the bill when you're ready. [SPEAKER CHANGES] Thank you mister President members. I'm going to hit the high notes of this bill. I think all of us have studied it. um consid- quite a bit, I think it is a change that is going have North Carolina leading the country. As I've said before when it comes to getting rid of coal ash and I think this bill does it in a way that's innovative in a way that will be copied by others throughout this country. So, going down to high points this bill will close all coal ash pawns in North Carolina by within fifteen years. The first four to be removed will be Dan river Asheville river bend in Sutton. The remaining sights will be classified and now this is very important and I'm sure we will hear a lot about this as we go thew this bill. Remaining sights will be classified as high medium or low risk the clas- the classification must happen by August of next year. Closure deadlines high risk rated pawns must be closed no later than December first 2019, an immediate risk must be closed no later than December first 2024, and low risk must be closed by December first um 2029. This bill stops the disposal of wet coal ash it requires utilities to convert their plants to dry ash handling. All utility plants must faze out the generation of wet ash by the end of 2019. This bill sets standards for safe disposal of existing and future ash, high risk in immediate pawns must be placed in a lined landfill or put towards a beneficial use. High in- high and intermediate risk pawns may not be caped and placed. Where they are, remember, cannot be caped and kept where they are. Low risk utility may consider using capping and place at low risk pawns if denner and the new um coal ash commission approv-

...the method. If capping is used the utility will be required to follow landfill capping regulations as to closure and that also includes 30 years of water quality monitoring around that site. Future ash that is generated will either be put to beneficial use or stored in a lined facility. Coal Ash Commission will review risk classifications, as well as the closure plans that are proposed by the utility. This commission consists of nine people with diverse backgrounds including areas of science, public health, waste management and conservation. Additional regulatory positions. This bill creates, along with a budgeting process, 40 new positions. Twenty-five will be in DNR and four at the commission, five at the commission. That was a change. These positions and the Coal Ash Commission's operating expense will be funded by the utilities with the coal ash ponds and cannot, repeat, cannot be passed on to consumers. This encourages smart solutions. Folks, the bottom line is we've talked about this. We do not have enough space in North Carolina to dispose of all the coal ash that has been produced. So it is imperative that we come up with alternatives that can help us dispose of this ash. Senator Ford sent forth a very good amendment dealing with that and we still have to build on it. And when we leave this room I want everybody to remember that it's incumbent upon us to come up with other ways to dispose of this. And for our future and cost and everything, we need beneficial use of coal ash. Structure fill. The bill strengthens the regulations on the use of coal ash as a structure fill. Structure fill is a great way to use large amounts of ash, but in the past, liners have not been required. From this point on, large structure fill projects will be permitted and must use a landfill grade liner and leaching system, as well as conduct long term ground water monitoring. A one year moratorium exists on all structure fill projects that are not using the liner already. So I think they're only one of two in this state that are currently using the liner. Again, we want to talk about commercial use of ash and get the ash converted so that, as what many of us have spoken to, some of the concrete, asphalt people want to use this ash in their products. But it is deficient in some of the qualities it needs to have for them to be able to use it. We want to encourage that to be done. This bill protects water quality. We're going to monitor these water supplies for 30 years after this is in place to make sure we've corrected the problem. You know, no unintended consequences. This bill also strengthens our dam inspection laws and makes that mandatory going forward with more frequent inspections and creation of an emergency action plan to deal with something or a breach of the dam so we don't encounter what we did at Dan River. We have worked long and hard to develop this plan and I want to thank staff for the work they have put forward and I recommend this bill to you and I'll be happy to answer any questions. [SPEAKER CHANGES] Do we have any discussion or debate? Senator Hartsell, for what purpose do you rise? [SPEAKER CHANGES] Mr. President, I need to send forward an amendment. [SPEAKER CHANGES] Senator Hartsell, you can send forward your amendment. The Clerk will read. [SPEAKER CHANGES] Senator Hartsell moves to amend the bill. [SPEAKER CHANGES] Senator Hartsell is recognized to explain the amendment. [SPEAKER CHANGES] Thank you, Mr. President, members of the Senate. I believe it's on the dashboard at this point in time. You may recall the discussion in committee where we were talking about alternative uses, beneficial uses, particularly as it relates to highways and other structural operations. We have discussed this and gone through any number of iterat-...

of it since that time, and what you see before you is our best effort at trying to encourage beneficial reuse in State projects along highways and both vertical and horizontal structures. It is designed to direct both the Dept. of Administration and DOT to develop technical specifications for use, they can look at long term beneficial use of the coal ash, and furthermore to look at any [??] costs associated particularly with roads. Because know that this can actually be beneficial. I would be glad to try to answer any questions, I understand that we've talked this over with any number of folks to come up with something to further encourage the utilization of this- was actually a fill commodity, that can be much more beneficially used in doing these things as opposed to simply putting it into landfills. I commend it to you. [SPEAKER CHANGES] Are we having a discussion or debate? [SPEAKER CHANGES] Sen. Tucker, for what purpose do you rise? [SPEAKER CHANGES] Just to ask Sen. Hartsell a question. [SPEAKER CHANGES] Sen. Hartsell, so do you yield? [SPEAKER CHANGES] Certainly. [SPEAKER CHANGES] Sen. Hartsell, so I heard you use the word "encourage" twice, is it better to "require" than to "encourage", and what were your thoughts on that sir? [SPEAKER CHANGES] Well, actually it does both. I think it's much more useful to require, since we don't know the necessary impacts over all, we are directing these two entities to develop the specifications for their use within about six months, and they'll be reported back and then we can proceed, because then we'll know what the quantities are, what the qualities are, what it can be used for best, and that sort of things. But they are directed to do that. [SPEAKER CHANGES] Sen. Apodaca for what purpose do you rise? [SPEAKER CHANGES] To speak on the ammendment. [SPEAKER CHANGES] Sen. Apodaca has the floor to speak to the ammendment. [SPEAKER CHANGES] Mr. President, members, I would like to thank Sen. Hartsell for bringing this forward. He has worked diligently on this, as has staff to get to fit into the bill and I recommend it to everyone. [SPEAKER CHANGES] Sen. Hunt, for what purpose do you rise? [SPEAKER CHANGES] To ask Sen. Hartsell a question. [SPEAKER CHANGES] Sen. Hartsell, do you yield? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] Sen. Hartsell, I understand as a concrete manufacturer in North Carolina that imports large amounts of coal ash from other states, can you tell us briefly why we can't use North Carolina's coal ash for concrete manufacture? [SPEAKER CHANGES] We do not have enough at the present time to be able to use. The quality of it is not sufficient. Hopefully, and in fact we do use about 3% of the highways are currently used, are actually paved with concrete and used the ash. But in order to get the quantities necessary, they have to go out of state. Hopefully what we will do by addressing this in this way, we will encourage the reproduction of the ash that we already have, so that it's much more beneficial in these other beneficial reuse situations. That's what this ammendment is designed to assist in. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Sen. Blue for what purpose do you rise? [SPEAKER CHANGES] To make an announcement. I've sent forth to the clerk a rule 29 excuse from voting. [SPEAKER CHANGES] Thank you Senator. [SPEAKER CHANGES] Also, Sen. Rabon is back in the chamber. Is there any further discussion or debate? Sen. Van Duyn, for what purpose do you rise? [SPEAKER CHANGES] To ask Sen. Hartsell a question. [SPEAKER CHANGES] Sen. Hartsell, do you yield? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] Sen. Hartsell, my understanding is that one of the reasons that our coal ash is not suitable for recycling into concrete is because of the scrubbers we use causes ammonia to be infused with our coal ash. Would your bill impact the air quality in North Carolina? [SPEAKER CHANGES] This ammendment should have absolutely no impact on air quality. [SPEAKER CHANGES] Okay, thank you very much. [SPEAKER CHANGES] Is there any further discussion or debate? Sen. Tarte, for what purpse do you rise? [SPEAKER CHANGES] Speak on the ammendment. [SPEAKER CHANGES] Sen. Tarte has the floor to speak to the ammendment. [SPEAKER CHANGES] Just a point of clarification, perhaps we could verify this from our geologists and so forth, but I understand the reason we have difficulty moving the coal ash is because of the carbon content and the scrubbing processes that Duke Energy will be employing will enable us to reduce the carbon level, which will increase our ability to add almost 300,000 metric tons (recording stops)

… to recycled use by our concrete companies, so I think this is a great thing we’re doing. Thank you. [SPEAKER CHANGES] Any discussion or debate? Hearing none, the question before the Senate is the adoption of Amendment 1. All in favor vote aye. Opposed will vote no. Five seconds will be allowed for the voting. Clerk will record the vote. Berger, aye. 47 having voted in the affirmative and 0 in the negative, Amendment 1 is adopted. The bill as amended is back before the body. Is there any further discussion or debate? [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Woodard, for what purpose do you rise? [SPEAKER CHANGES] Speak to the bill. [SPEAKER CHANGES] Senator Woodard has the floor to speak to the bill. [SPEAKER CHANGES] Thank you, Mr. President. Ladies and gentlemen, there are a number of good things in this bill, and I commend Senator Berger and Senator Apodaca for their work on it along with our staff. There’s one critical question that I’d like to speak on today in this legislation. That is who gets the bill. That is the bill for cleanup of these coal ash [NO AUDIO 1:10 – 1:21] Ladies and gentlemen, I would suggest to you that the responsibility for that lies with the corporation and its shareholders. Duke has an obligation to clean up these coal ash ponds all across the state. We’ve known that coal ash, for a number of years, was a technology that was dying. Duke had committed to close its plants on schedule, but yet the coal ash ponds remained. Some of them were a flawed design. Let’s talk about the Eden plant for just a minute. This is what sparked this bill, and so much of our conversation over the last four months was the failure at the Eden plant because it was a flawed design. When the pond was expanded in the late ‘60s, the pond was expanded over a storm water pipe, and we now learn that the pipe, even though Duke’s initial mission was that it was a concrete pipe, we now learn that Duke in fact knew that it had been a corrugated metal pipe and was a flawed design as far back as the ‘60s, and it is Duke’s obligation to pay these and to share that cost with its shareholders. I would also argue that we as the General Assembly have an obligation as well to the rate holders of North Carolina, to the people of North Carolina. You’ll hear it argued that well, we should just let the process play out of allowing this to go to the Rate Commission, that this is an out of the ordinary proposition, this proposal, to have the rate payers pay, but I would suggest to you that this is an out of the ordinary situation with a coal ash spill of this size, the third largest in the country, and at the coal ash ponds that we have. There’s precedent for having rate payers pay. We’re seeing that in South Carolina. We’ve heard South Carolina over the past year held up as an example in many ways, but two of the utilities in South Carolina have agreed to pay for their ponds as well. Ladies and gentlemen, we have an obligation as the General Assembly, as the policy, lawmaking body of this state, to step up to this situation and to protect the rights of the rate holders, of the customers of Duke Energy. We have an obligation to the working families, to the small businesses and to the senior citizens living on a fixed income who will face rate increases with the cleanup of these ponds. With that Mr. President, I’d like to send forward an amendment. [SPEAKER CHANGES] Senator, you can send forward your amendment. The Clerk will read. [SPEAKER CHANGES] Senator Woodard moves to amend the bill. [SPEAKER CHANGES] Senator Woodard is recognized to explain the amendment. [SPEAKER CHANGES] Ladies and gentlemen, this amends the legislation before you and lays out a plan under which an electric public utility shall not recover from its retail customers any of the costs associated with the cleanup of these coal ash ponds, and I would commend this to you for some of the reason that I outlined, but also to talk a little bit about the financing of this. Duke has a number of different options available to it with the financing. You’ve probably heard from some of Duke’s folks about the cost of this to them as a corporation, but keep in mind…

… that Duke has seen very strong profits, record profits, in 2013 – 2.7 billion dollar profit. In 2012, 1.8 billion dollar profit. They received rate increases in 2013, and there are a number of options available to Duke in paying for the cleanup of these ponds. A number of outside analysts have looked – who were familiar with the electric industry – have looked at Duke’s financial situation. They have cash reserves available from operation flows in their corporation, adjustments to their capital expenditure program. Duke has a capital expenditure program that’s going to total somewhere between 16 and 20 billion dollars budgeted through 2018. Their environmental capital expenditure program is already budgeted at 5 to 6 billion dollars over the next 10 years. We’ve heard a lot of figures from Duke officials here, in the media, and I’m sure in conversations with you about the cost. They’ve begun planning for this and they have options for that. As one analyst wrote in a well-respected publication on the energy industry, “In my opinion, the associated cost will not have any significant impact on the company’s long-term performance,” and he continues to rate Duke as a viable company and as an important stock. Duke also has a plan to sell some of its underperforming assets, particularly in the Midwest. All of these will give Duke the flexibility it needs to absorb the cost of removing these coal ash ponds, however we decide that’s going to be, and to not pass the charge onto rate holders. Ladies and gentlemen, I commend this amendment to you. [SPEAKER CHANGES] Is there any discussion or debate? Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Mr. President, speak to the amendment please. [SPEAKER CHANGES] Senator Apodaca has the floor to speak to the amendment. [SPEAKER CHANGES] Thank you Mr. President. Members, Senator Woodard did a wonderful job explaining the financial ramifications to Duke which could happen if total cleanup came forth. I daresay, and I hope I don’t offend any of my lawyer buddies in here, but probably only one or two people in this room could understand exactly what he was talking about, getting into the financial aspects of it. Senator Woodard himself, Senator Hise probably understood, but they speak a language many of us don’t understand, and that’s exactly why I don’t think we need this amendment. I think that is what the Utilities Commission is charged with – to make those decisions, to take all evidence, take all the financial ramifications and make an informed decision on how this should be paid for. Now let me clarify one thing. It does say in this bill any spills whatsoever, whether it be Dan River or God forbid another one going forward, must be paid for directly by the utility. It cannot be passed on to the consumer. In addition, this bill has a moratorium on it to deal with questions of cleanup in going forward so we can make some informed decisions as we go forth, so part of this is already covered; the other part should be covered by the Utilities Commission which we’ve already set up, which operates to my knowledge very well in this state. I haven’t heard that many complaints about it. So with that being said, I’d like to send forth a substitute amendment. [SPEAKER CHANGES] Senator, you can send forward your substitute amendment. Clerk will read. [SPEAKER CHANGES] Senator Apodaca moved to amend the bill. [SPEAKER CHANGES] Senator Apodaca is recognized to explain the amendment. [SPEAKER CHANGES] Thank you Mr. President, members. This amendment does two things. Number one, it deals with the prioritization factors that DENR and the commission must look at when ranking sites. If you’ll look at page 16 of the bill, it requires DENR to factor in any hazard or a threat to public health, safety, surface water in prioritizing impoundments. Must not just be an imminent hazard or threat. DENR previously had a factor in imminent hazard…

... and threats to the public health safety or surface water. The amendment also extends the post-closure care period of large structural field projects from 20 years to 30 years. I recommend this amendment to you. [SPEAKER CHANGES] Any discussion or debate? Senator Stein, for what purpose do you rise? [SPEAKER CHANGES] To debate the amendment. [SPEAKER CHANGES] Senator Stein has the floor to speak to the amendment. [SPEAKER CHANGES] We all know what's happening here. You have before you an opportunity to be clear to your voters, to the people of North Carolina, to the rate payers, who was going to have to bear the cost. Senator Apodaca started to explain why he thought the language in your bill was better than Senator Woodard's amendment and I was actually pretty impressed as an argument. I don't know those are the right argument, but it was an argument. So I thought he was going to give us the opportunity to actually vote on that. But he hasn't. He's put forward the substitute amendment, which is a couple, teeny little changes in a 40-page bill that don't amount to much of anything. We all know it doesn't amount to much of anything. If you vote for this amendment you are voting for the rate payers to have to bear the cost of this coal ash clean up. Just understand that's the consequence of this vote. [SPEAKER CHANGES] Is there any further discussion or debate? Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Mr. President, to speak a second time on this. [SPEAKER CHANGES] Senator Apodaca, this will be your first time since the first time was introducing the amendment. [SPEAKER CHANGES] OK. Thank you. I told you I wasn't good at math. I appreciate it, Mr. President. Senator Stein says that I'm trying to block something. Well, this was brought by Sierra Club in order to strengthen our bill. And I don't think it's any small amendment that we extend the monitoring of ground water around a large post-closure structural field project from 20 to 30 years. So, goodness, I hope you do support this amendment because it gives us some more protection. Thank you. [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Stein, for what purpose do you rise? [SPEAKER CHANGES] Do see if Senator Apodaca will yield to a question. [SPEAKER CHANGES] Senator Apodaca, do you yield? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] Well, so you just made a compelling case in favor of that amendment. One which I think we're all prepared to evaluate on its own independent merits. My question to you is, will you remove it here and then offer it as a stand alone amendment so that we, the members of this chamber, have the opportunity to vote both for your idea and Senator Woodward's idea? [SPEAKER CHANGES] No, thank you. [SPEAKER CHANGES] Senator Woodward, for what purpose do you rise? [SPEAKER CHANGES] Speak to the amendment. [SPEAKER CHANGES] Senator Woodard has the floor to speak to the amendment. [SPEAKER CHANGES] I need a cold drink because Senator Apodaca's running amendments for the Sierra Club so it's a red letter or maybe a green letter day here in the Senate. You convinced me this is a great amendment, Senator Apodaca. Why not remove it and let us vote on it on its own merit? And let's go back to my original amendment. That would be the proper thing to do here if you're so wed to this in supporting the Sierra Club. So I would urge you to vote this down. Let's bring it back as a real amendment and not a substitute amendment. [SPEAKER CHANGES] Senator Hunt, for what purpose do you rise? [SPEAKER CHANGES] Ask Senator Apodaca a question. [SPEAKER CHANGES] Senator Apodaca, do you yield? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] Senator Apodaca, Senator Stein said that Duke Power is going to get to make these rate increases if they want to. My understanding, was the utility commission have something to do with this? [SPEAKER CHANGES] Yes, Senator Hunt. You're exactly right. This must, any rate request by Duke must go before the utilities commission as it does today. So it's, you know, I just don't think we have the expertise in this body to be making those decisions. That's not why we were put here. That is why the utilities commission was started and funded by us to continue on. So, Senator Hunt, thanks for that question. I think the utilities commission is where this needs to go. [SPEAKER CHANGES] Senator Wade, for what purpose do you rise? [SPEAKER CHANGES] To ask Senator Apodaca a question. [SPEAKER CHANGES] Senator Apodaca, do you yield? [SPEAKER CHANGES] Yes, sir. [SPEAKER CHANGES] Senator Apodaca, when did coal ash get changed to a different category? We're now regulating it as what? Solid waste? [SPEAKER CHANGES] Yes, ma'am. [SPEAKER CHANGES] OK, and when did that take place? In this bill? [SPEAKER CHANGES] Yes, in this bill. [SPEAKER CHANGES] And before then? [SPEAKER CHANGES] Senator. [SPEAKER CHANGES] Follow up. [SPEAKER CHANGES] Senator, would you like a follow up question? [SPEAKER CHANGES] Please. [SPEAKER CHANGES] Senator Apodaca, do you yield? [SPEAKER CHANGES] ?? It was just out there, Senator. There really were no regulations on it. [SPEAKER CHANGES] So, follow up. Thank you. [SPEAKER CHANGES] Senator, you have...Senator Apodaca, do you yield for a follow up? [SPEAKER CHANGES] Sure. [SPEAKER CHANGES] Thanks to you, Senator Apodaca, on this bill and Senator Berger that we're now going to be...

able to catergorize it as a solid waste and it adhere to the solid waste standards? [SPEAKER CHANGES] That is correct Senator. [SPEAKER CHANGES] Follow up? [SPEAKER CHANGES] Senator do you yield? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] And Sen. Apodaca, could you tell us usually with solid waste, when it has to be capped? Who usually pays that fee when landfills have to be capped? [SPEAKER CHANGES] The taxpayer. [SPEAKER CHANGES] Follow up. [SPEAKER CHANGES] Senator Apodaca do you yield? [SPEAKER CHANGES] One more time. [SPEAKER CHANGES] And when you say, Sen. Apodaca, that that taxpayer also happens to be the user of that landfill? [SPEAKER CHANGES] That is correct, yes ma'am. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] Thank you Senator. Senator Angela Bryant has an excused absence for the remainder of the day. [SPEAKER CHANGES] Is there any further discussion or debate on ammendment three? Hearing none, the question before the Senate is the adoption of ammendment three. All in favor vote "aye", opposed to vote "no", five seconds to be allowed for the voting, clerk will record the vote. Thirty three having voted in the affirmitive and thirteen in the negative, ammendment three is adopted. The bill as ammended is back before the body, is there any further discussion or debate? Senator for what purpose do you rise? [SPEAKER CHANGES] Send forward an ammendment. [SPEAKER CHANGES] Sen. Stein you can send forward your ammendment. Clerk will read. [SPEAKER CHANGES] Sen. Stein moves to ammend the bill. [SPEAKER CHANGES] Sen. Stein is recognized to explain the ammendment. [SPEAKER CHANGES] Thank you, Mr. President. Members of the Senate, this is a fairly straightforward ammendment does two things: There are fourteen coal ash sites with thirty three ponds. You all have chosen for reasons I don't fully understand, four ponds which are considered high risk or high concern, I forget the technical term in the bill, and then there are ten other sites which are subject to evaluation by commission that you all are creating, a politically appointed commission, and there are three categories that commisision can put the other ten in: you can put it in high risk, medium risk, and low risk. And there's absolutely no certainty that this commission won't just dump all the rest of them in low risk. Low risk, as you all know, allows for just a cap and place. Does nothing for the underneath. Coal ash gets into the water two ways: It either gets into the surface water through a dam break, like what we had up at Ann River, gets into a river, or it goes through the ground into our drinking water. Subsurface water. The ammendment will substantially increase the amount of protections for that subsurface water pollution. And it only deals with those that are categorized as low risk [??]ments. What it does is it doesn't require those to be lined with leachates. It keeps the same structure you all have put in the bill, if it's low risk you just cap it and monitor it. But what it does is it answers the question, "What happens if there are exceedances of the toxins captured by the monitoring?" If the monitoring shows that it's getting into that subsurface water, what are we going to do? And what it says is when that happens, at that point on these low risk you carve it out just as if it were medium risk, you put it over here on the side, you line it, put it back. So it does not require every low risk one to have lining, but if it is polluting the subsurface drinking water you have to line the bottom. The second thing it does is it corrects an error- or not an error, it wasn't conscious, but I think it was a mistake, last year in the Red Reform bill, House bill 74, you all changed the law as to where the boundary lies. Under current law, the boundary is 500 feet from the property line. And if the exceedances happen between 500 feet and the property line, that's when this provision I just mentioned would be triggered. They'd have to dig it up, and put some lining in it, and put it back, and cap it. You all last year took the compliance boundary from 500 feet all the way just to the edge of the property. So we won't even know about it until it starts polluting the neighbors' subsurface waters. And in fact, you made it so that if the utility buys the next property, then they can pollute to the next property line, to the end of that one! So that's what the two things this ammendment does is when there exceedances (recording ends)

...it requires a lining and two, it restores the law back to where it was where the exceedances are measured 500 feet from the property line, not the property line itself. This is a straightforward amendment. It will only do more to protect our drinking water. I ask for your support. [SPEAKER CHANGES] Any discussion or debate? [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Mr. President, to speak on the amendment. [SPEAKER CHANGES] Senator Apodaca has the floor to speak to the amendment. [SPEAKER CHANGES] Senator Stein, some of this amendment's very good. It really is. Some of it's misstated, but that's neither here nor there. I would like to ask you if you would withdraw this amendment and get together with us and we'll happily take the good parts of this amendment and see if we can't put it in tomorrow if you'd be willing to do that. [SPEAKER CHANGES] Senator Stein, do you yield for the question? [SPEAKER CHANGES] I yield for the question. Having voted with the prevailing side on the prior substitute amendment, would you take that amendment off, we'll bring it back to the floor so we can consider that separately? [SPEAKER CHANGES] No. [laughter] [SPEAKER CHANGES] I will withdraw my amendment. [SPEAKER CHANGES] Senator Stein withdraws his amendment. The bill, as amended, is back before the body. Is there any further discussion or debate? Senator Foushee, for what purpose do you rise? [SPEAKER CHANGES] To send forth an amendment. [SPEAKER CHANGES] Senator Foushee, you can send forward your amendment. The Clerk will read. [SPEAKER CHANGES] Senator Foushee moves to amend the bill. [SPEAKER CHANGES] Senator Foushee is recognized to explain the amendment. [SPEAKER CHANGES] Thank you, Mr. President. Members, as Senator Stein just said, this bill allows for de-watering and capping in place of some ponds which simply means that polluted coal ash waste water is drained into the neighboring river or lake for all but four impoundments. You may recall a few months ago an incident occurred at the Cape Fear Power Station in Chatham County where millions of gallons of waste water were pumped into a tributary that empties into the Cape Fear River. This location has among it the highest number of dams which pose significant risks. This incident has caused great concern in my district because the Cape Fear River is a drinking water source for nearly 800,000 North Carolinians. Nothing in this bill gives us the assurance that another such incident can not or will not occur should this bill pass in its current form. It does not define the classifications of high, intermediate, or low risks, only that they be established. Thus, the definition to distinguish these rankings is not present in the bill. My concern, as is the concern of many North Carolinians, is that we protect our drinking water resourse. Therefore, based on this serious incident that occurred earlier this year and the potential of similar incidents to occur, this amendment would add the Cape Fear Power Station to the list of impoundments that are guaranteed to be cleaned up. I ask for your support. [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Speak on the amendment. [SPEAKER CHANGES] Senator Apodaca has the floor to speak to the amendment. [SPEAKER CHANGES] Senator, I absolutely agree with you. This should be cleared up. I think every pond in North Carolina should be cleaned up and cleared. We have set up a bill that deals with that. We set up an independent commission to deal with these ponds. To make the tough decisions that need to be made in order of how and when to clean them up. We can't just keep pulling them in. I think every one of us feel our project should be cleaned up immediately. But we can't. We just can't clean every one of them up immediately. It's just not possible. So we must be prudent. We must be pragmatic in our approach and go after the ones that have to be cleaned or are the most dangerous first. And I have complete faith and confidence in this new commission and DNR to put these together and get the ones that need to be cleaned up, cleaned up. So I'm going to ask you not to support this amendment or any more that come trying to add other facilities to the top line. Because we've got about as much as we can do right now and this still will make us, when this bill passes, the toughest...

… the country in dealing with coal ash ponds, so I ask you to vote against this amendment. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Rucho, for what purpose do you rise? [SPEAKER CHANGES] To see if Senator Apodaca would yield to a question. [SPEAKER CHANGES] Senator Apodaca, do you yield? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] The way you have designed your bill, if as each of these programs, these projects are triaged through, the commission has the responsibility along with DENR to decide if something moves up or down the ladder based on priorities, and if something gets to be let’s say a higher priority, that will be adjusted accordingly. Am I correct? [SPEAKER CHANGES] Absolutely correct. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] Senator Stein, for what purpose do you rise? [SPEAKER CHANGES] To see if Senator Apodaca will yield for a question. [SPEAKER CHANGES] Senator Apodaca, do you yield? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] You just said that the ones in the bill were the ones that were determined to be most dangerous, most at danger – the four. I would like to understand what the criteria was because by all objective criteria, I think Senator Foushee has identified one of if not the most at risk. Cape Fear has 521 thousand people who drink water from beneath the intake ponds and it has five dams – substantially more than most any other, so on what criteria is Cape Fear not one of the top four? [SPEAKER CHANGES] Well Senator Stein, number one, I feel like the most dangerous pond in the one at Lake Julian in Asheville, and if I lived where Senator Foushee did I might feel differently, but that sits up three to four hundred feet above the French Broad River, and if that was to give way, it would come down, but if you’ll recall, when we received the Governor’s bill, these were the ones identified in that bill. Her facility may very well move to the top of the list when the commission evaluates it, but we’ve got to let it run its course, and I can see arguments everywhere but I was so hoping, and I guess I was just dreaming, that we wouldn’t politicize this, that we could go down and set up and independent commission that would really take care of the people in North Carolina, but if we’re going to get into the petty bickering back and forth, the “mine’s better than yours” or “yours is dangerous”, then we’re going to be here all night and not accomplish much, so it very well may be, but I say let’s let out DENR and Coal Ash Commission make that decision, and it may move to the top of the list. We’re not pushing it to the bottom of the list. So I ask you to defeat the amendment. [SPEAKER CHANGES] Follow-up question. [SPEAKER CHANGES] Senator Apodaca, could you yield for a follow-up? [SPEAKER CHANGES] Sure. [SPEAKER CHANGES] Can you explain, other than the fact that the Governor had these in his bill, what distinguishes these four from ten that are not designated? [SPEAKER CHANGES] No, you would have to call the Governor. [SPEAKER CHANGES] Is there any further discussion or debate? Senator Tucker, for what purpose do you rise? [SPEAKER CHANGES] Ask Senator Apodaca a question. [SPEAKER CHANGES] Senator Apodaca, do you yield? [SPEAKER CHANGES] Sure. [SPEAKER CHANGES] Senator Apodaca, I’m just trying to follow the debate here. The good parts of Senator Stein’s amendment that you said that you would consider between now and tomorrow, all these sites will be monitored for drinking water. If in fact what Senator Foushee says about the Cape Fear and those criteria mentioned by Senator Stein, and the fact that we’re going to be monitoring closely and could move this up, if we include some of the good parts of Senator Stein’s bill, could in fact the Cape Feat move up through the commission and be even to the point of maybe replacing one of the four that are outlined as a starting point from the Governor? [SPEAKER CHANGES] Yes. Senator Tucker, even without Senator Stein’s amendment that can happen, and very well may if it is, but let’s also remember, we’re also putting tighter restrictions on the monitoring of drinking water as it is, and we’ve moved it earlier in our first amendment from 20 years to 30 years, so all sites will be monitored for at least 30 years to make sure we’re not having that move over. Thank you for that. [SPEAKER CHANGES] Thank you, sir. Mr., speak to the… [SPEAKER CHANGES] Senator Tucker has the floor to speak to the amendment. [SPEAKER CHANGES] No sir, I’ll speak to the bill at that time. Thank you, sir. [SPEAKER CHANGES] Thank you, Senator. Is there any further discussion or debate on Amendment 5? Hearing none, the question before the Senate is the adoption of Amendment 5. All in favor will vote aye. Opposed will vote no. Five seconds will be allowed for the voting. Clerk will record the vote.

Fourteen having voting in the affirmative in thirty-two in the negative amendment five fails the bill as amended is back before the body. Is there or any further discussion or debate? Senator McLaurin you're up next. [SPEAKER CHANGES] Mr. President Aye will make a couple comments. First of all Senator Apodaca thank you so much. [SPEAKER CHANGES] Senator McLaurin you want to speak to the bill? [SPEAKER CHANGES] Speak to the bill and offered amendment please. [SPEAKER CHANGES] You have the floor to speak. [SPEAKER CHANGES] Thank you Mr. President. [SPEAKER CHANGES] Senator, one second, which one do you want to do first? Speak first or offer an amendment? [SPEAKER CHANGES] Offer the amendment first. [SPEAKER CHANGES] Offer the amendment first? [SPEAKER CHANGES] You can send forth your amendments Senator and the clerical reader. [SPEAKER CHANGES] Senator McLaurin moves to amend the bill. [SPEAKER CHANGES] Senator McLaurin is recognized to explain the amendment. [SPEAKER CHANGES] Thank you very much Mr. President. Senator Apodaca thank you so much for the excellent work that you and Senator Berger have done to bring forth this bill. It goes along way towards addressing an issue, that Aye think that none of us realized even a few months ago was an, many of us didn't realize anyways, it was a serious issue affecting, our state. It's affecting so many of us and our water supply. Aye don't want you to have to repeat what you just said Senator Apodaca, but over the last few days the folks along the ?? County area that Aye serve and represent. And, I'm downstream from that where the water supply comes from the ??, and the PD, and Anson County, and Richmond County, and Stanly County all of which Aye serve, including ?? County as well, have reached out to me with their concerns. Residents who live near this buck plant at where Three Colash Pines are on the Adkin River have expressed concerns. Some of you may have seen the news reports. There's even a document that circulated around here, Aye, haven't even had the chance to read all of it, but shares personal stories, that citizens have that concerns they have. Chromium levels that are far in excess of acceptable standards for ground water. These are folks that aren't finger pointers. Many of whom worked for Duke Energy. They are good people, they didn't call me to point the finger and to be critical of anybody. They just want their water to be safe so that they can bathe in it, they can drink it, their children can plan it, and they can enjoy clean water supply just like all of us. Chromium levels high, lead levels six times the standard, iron, boron levels all in proximity to the buck plant in Rowan County. Many health concerns that of been expressed by citizens, they didn't know what might be causing these health concerns. Aye, certainly understand and agree that we need to take a look at everyone of the sites, but I can't not, at least offerer this amendment, which would include the buck plant on behalf of the citizens that Aye serve and represent in my senate district. So, I'm asking that be, that plant be included as well. Some of our concerns ?? deficiency. Thank you so much and Aye offered this annulment and urge you to accept it thank you. [SPEAKER CHANGES] Any discussion or debate? [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Brock approach the rise. [SPEAKER CHANGES] Speak to the amendment. [SPEAKER CHANGES] Senator Brock has the floor to speak to the amendment. [SPEAKER CHANGES] Aye was talking to Senator McLaurin earlier we were talking about something as far as how we have things listed. He said he would hold off on the amendment but he said he had to run it. This is my district, these are my people. I’m looking at the areas of what has caused, everybody is looking at what might've caused the cancer, or something, and people want answers. When this ?? problem first happened at Dan River, you know some of us have been working on this for a daily basis, and are getting the information to come back time and time again. Everyday working on it, talking to people in the area, talking about what it meant to my district. This is the oldest calash ponds actually we have three ponds in the state. It’s been there for a long time. We’ve looked at the water quality that's come into the plant, what's gone out.

If you look at the Yadkin River, the water, of what type of water quality we have that comes in, through the test of DENR over the years, the water that flows out of the Buck Plant is actually cleaner than the water that’s come in. With all the ground well monitoring stations that we’ve had and no significant problems, we’re trying to find out what are the main issues. And we’re trying to do this in an orderly way to where we have the least impact possible. Because if we rush into it, we may cause more problems with the coal ash that we have than if we did it in a uniform way. If we look at hindsight 20/20, maybe we shouldn’t have a list of any of the coal plants at all. That’s what the coal ash commission will do. They’ll take each and every plant and rank them. And it might be that that Buck plant is the most contaminated. If that’s the case, guess what, it’s going to the top of the list. It will be taken care of first. Regardless of the four, the ranking in the four doesn’t really matter. It’s kind of like preseason, who’s ranked number one in the country. It does not matter until the end of the season, end of the test, end of the commission of when they’re going to take the information and data and see who needs to be cleaned up first. We’ve been looking at this for a long, long time, about the movement from coal to natural gas, to other forms of energy. And who’s going to pay for it and everything else. Senator Woodard if that’s the case, then we’ll support a renewable energy portfolio. Because that subsidizes inefficient technology. You want to talk about a mandate to the tax payers and to the rate payers, that’s it. But that’s what this commission will do. The commission will take the information and rank these sites accordingly. Everybody wants to be in the front of the line. But how terrible would it be that if we had certain ones that got in the front of the line and they’re low level. They’re at the bottom. And those that have more dangerous sites have to wait, and wait, and wait, just because you jumped up in front of the line. I can’t ask for the, to table the amendment, but Senator McLaurin, I wish you’d waited. We were working on it. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, the question before the Senate is the [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Jackson, for what purpose do you rise? [SPEAKER CHANGES] To speak to the bill. [SPEAKER CHANGES] To the amendment, Senator? [SPEAKER CHANGES] I’m sorry. [SPEAKER CHANGES] Do you want to speak to the amendment or the bill? [SPEAKER CHANGES] I’m good, Mr. President, thank you. [SPEAKER CHANGES] Thank you, Senator. [SPEAKER CHANGES] I’ll be back. [LAUGHTER] [SPEAKER CHANGES] There’s no further discussion or debate. The question before the Senate is the adoption of amendment 6. All in favor vote aye, opposed will vote no. Five seconds will be allowed for the voting, and the clerk will record the vote. 13 having voted in the affirmative and 33 in the negative, amendment 6 fails. The bill as amended is back before the body. Is there any further discussion or debate on the bill as amended? [SPEAKER CHANGES] Senator Jackson, for what purpose do you rise? [SPEAKER CHANGES] To speak to the bill. [SPEAKER CHANGES] Senator Jackson, you have the floor. [SPEAKER CHANGES] Thank you. Four plants were singled out to receive the highest level of care. The reason these amendments are coming is that we don’t know how those four plants were chosen, other than that they were in the Governor’s original plan. And if that’s the answer, what kind of Representative would I be if I accepted that as gospel? What kind of Representative for my district would I be, if I went back to them and said we are not in the front of the line, because the Governor wanted these four people in the front of the line, and accept that as a good answer. That’s not a good answer. But that’s the only one we’ve been given. That’s why these amendments are coming. Because it seems arbitrary and that’s when people get a little anxious. Not when they’re not in the front of the line, but when they don’t know why. When four other people have been chosen to be in the front, and there’s no good reason. Then everyone in the back of the line is

...?? and understandably curious. Part of my district is Uptown Charlotte. Uptown Charlotte is 30 minutes south of the largest coal ash pond in the state, Marshall Steam Plant. Eighty acres of a pond, 2.2 trillion gallons of coal ash hanging over the heads of Lincoln County, Davidson, Huntersville, Gastonia, Belmont, Cornelius, Mooresville and Charlotte. One of the essential functions of good government is to ensure that we can all drink the water. It's worth going the extra mile here when we're talking about drinking water for a million people. If we don't know why four have been singled out, well here's a reason to single out Marshall Steam Plant. If it goes, you've got contaminated drinking water for one million people. There is a nice clear reason that everyone can understand. That's why at this point, Mr. President, I send forth an amendment. [SPEAKER CHANGES] Senator,you can send forward your amendment. The Clerk will read. [SPEAKER CHANGES] Senator Jackson moves to amend the bill. [SPEAKER CHANGES] Senator Jackson is recognized to explain the amendment. [SPEAKER CHANGES] This amendment adds the Marshall Plant to the front of the line. Because as long as there's no reason given for why who is in front are in front, then Marshall needs to be there. Because if it goes you've got a million people with contaminated drinking water. Thank you. [SPEAKER CHANGES] Senator Tillman, for what purpose do you rise? [SPEAKER CHANGES] Mr. President, to speak on the amendment. [SPEAKER CHANGES] Senator Tillman has the floor to speak to the amendment. [SPEAKER CHANGES] Senator Jackson, I suppose we ought to stay here and let you make the list. We've got a list and the list absolutely means nothing until the commission puts you on it, off of it, first, second, third or fifth. If we all decide who's in first, and we're not going to do that. That's foolish, because you would have one different from everybody else and they'd all have their hometown on it. Let the bill go...we've played this game of back and forth. You know an amendment is going the same place the rest of them have gone. And if it makes you feel good, I'll put one in to put the Haw River on there. What we're doing, folks, is nitpicking a bill to death that means nothing. The commission is going to decide where the priorities are and the water is going to be measured and tested for 30 years. I doubt if we'll be here in 30 years, but we've got safeguards in place, we've got a list that came from the Governor. Is it a perfect list? I don't know and it doesn't make any difference. Folks, this list will be defined when the commission acts based on research and not what you want or not what Senator Woodard wants, or Senator Stein wants, but what they think it is and they will use all kind of input, all kind of experts and science which you don't have and neither do I. I hope we'll do the same thing with this one we've done to the rest of them. [SPEAKER CHANGES] Is there any further discussion or debate? Hearing none, the question before the Senate is the adoption of Amendment 7. All in favor vote aye, oppose the vote no. Five seconds will be allowed for the voting. The Clerk will record the vote. Thirteen having voted in the affirmative and 33 in the negative, Amendment 7 fails. The bill, as amended, is back before the body. Senator Van Duyn, for what purpose do you rise? [SPEAKER CHANGES] To put forward an amendment. [SPEAKER CHANGES] Senator, you can send forward your amendment. The Clerk will read. [SPEAKER CHANGES] Senator Van Duyn moves to amend the bill. [SPEAKER CHANGES] Senator Van Duyn is recognized to explain the amendment. [SPEAKER CHANGES] First of all, I would also like to take the opportunity to thank Senator Apodaca and Senator Berger for this important piece of legislation. As a resident of Asheville I am particularly grateful to be included with that list of four plants that are going to be addressed as soon as possible. My voters are taken care of. I really don't see how this is a political issue. Senator Apodaca also stated that we need to let DNR do its job. Well, DNR is trying to do its job. On June 13th, they issued a letter that cited deficiencies with three coal ash dams at the Cliffside Steam Station. In that letter, they categorized one of those dams as high hazard. The letter said...

If in the event of a dam failure, significant environmental damage to the Broad River could occur due to the release of coal ash stored behind the dam. Furthermore, we know that those ponds are polluting ground water. In March ?? collected water samples from pipes at Cliffside, like they did with Ashville. Both the soils tested positive for valium, a toxic metal associated with the coal burning process. The inactive ash basin at Cliffside tested above the national recommendation. Clearly, Cliffside needs to be added to the list. I don't know how many ponds should be on that list, but the ponds that are dangerous need to be included. And that's why I ask you to support this amendment. Speaker Changes: Do we have any discussion or debate? Hearing none. Question before the senate is the adoption of Amendment 8. All in favor will vote aye, opposed will vote no. Five seconds will be allowed for the voting. The clerk will record the vote. Meredith? Thirteen having voted in the affirmative and thirty-two in the negative. Amendment 8 fails. The bill as amended is back before the body. Is there any further discussion or debate on the bill? Meredith? Senator Meredith? Aye.[laughter]Senator Meredith? No.[laughter] Speaker Change: Thirteen, thirty-three. Speaker Change: Final count, thirteen, thirty-three. Any further discussion or debate on the bill as amended? Senator Woodard for what purpose do you arise? Speaker Change: Speak to the bill, Mr. President. Speaker Change: Senator Woodard has the floor to speak to the bill a second time. Speaker Change: Thank you, Mr. President. Ladies and gentlemen, on the coal ash started spilling into the Dan River on Sunday, February the 2nd, and of course my district is downriver from the Dan River when it turns from Danville. Coal ash was coming down the river on Monday, and I began to call into Caswell County to find out how folks were doing. And over these last four months I've had a lot of conversations with folks there, including a number this past weekend that I spent up in the Middleton area where the Dan River crosses. And I thought a lot about this and heard a lot about this over these four months. Again, I want to thank Senator Berger because this coal ash bill started almost, literally, in his backyard. Sir Apodaca who's told you his feelings about this. I have two more coal ash plants in my district including the second largest pond in the state, and I care a lot about it. And I appreciate the work they've put in this bill along with our staff. I appreciate the work that we've had with agencies. Denner was particularly helpful to me. I want to thank Duke Energy for being gracious and giving me a tour on the Saturday following the spill. I'd like to thank the various environmental and business groups who've also worked with us on this. This bill is not a perfect bill. Our amendments today were intended, not to annoy you all, to get you worked up, but really to fight for safer water, to work for a quicker clean up and to resolve all this at no cost to the rate payers. We were not successful in obtaining those goals today,so we turn to a bill that is not perfect but it is, as Secretary Skvarla told us in the environment committee a couple of weeks ago, it is a step in the right direction. So, again, today I'm not going to let the perfect stand in the way of the good. I will be supporting the bill and I urged my colleagues to do the same. Thank you. Speaker Changes: Is there any further discussion or debate? Senator Goolsby for what purpose do you arise? Speaker Changes: To see if Senator Apodaca would yield to a couple of questions. Speaker Changes: Senator Apodaca, do you yield? Speaker Changes: I do. Speaker Changes: Senator, did you squirm back a little bit in time? Is it a fact, sir, that all the original ash basins in North Carolina were constructed when the general assemblies under democrat control from 1923 until about 1983? Speaker Changes: I know when they started. I can't, honestly, tell you who was in control. I believe.

That would be true, but Senator Blue and Senator Allran’s only ones that have been around here that long that could really attest to that. [SPEAKER CHANGES] Follow-up. [SPEAKER CHANGES] Senator Apodaca, do you yield for a follow-up? [SPEAKER CHANGES] Yes, I do. [SPEAKER CHANGES] Senator, when the Democrat-lead General Assembly enacted a moratorium on landfill permitting back in 2006, do you recall sir that coal ash impoundments were exempted from that legislation at that time? [SPEAKER CHANGES] Senator, I do remember that being an exemption. [SPEAKER CHANGES] Yes sir. And also, when the Democrat-lead… Follow-up? [SPEAKER CHANGES] Senator Apodaca, do you yield for another follow-up? [SPEAKER CHANGES] I do but… go ahead, Senator. Go ahead. [SPEAKER CHANGES] Just a couple more. When the Democrat-lead General Assembly tightened the state’s solid waste statutes for landfills in 2007, do you recall sir that coal ash received another exemption from the enhanced landfill requirements set forth in the law at that time which continue to allow coal ash to be placed in unlined landfills? [SPEAKER CHANGES] I honestly don’t remember. [SPEAKER CHANGES] Might that be the case, sir? [SPEAKER CHANGES] It might, councilor. Yes sir. [SPEAKER CHANGES] Sir, the legislation that we put forward, is it groundbreaking? [SPEAKER CHANGES] Senator… [SPEAKER CHANGES] Last follow-up? [SPEAKER CHANGES] Last follow-up, sure. [SPEAKER CHANGES] Senator, the legislation that we put forward, would you consider it groundbreaking for the safety of the people of this state to help deal with an issue that has been at risk for a number of years in North Carolina, that we’re finally starting to deal with it constructively and the right way to protect the people of this good state? [SPEAKER CHANGES] Yes I do. [SPEAKER CHANGES] Thank you, sir. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Apodaca, for what purpose do you rise? [SPEAKER CHANGES] I have a second time I think I can speak on this. [SPEAKER CHANGES] You do, Senator. [SPEAKER CHANGES] Thank you, Mr. President, members, and Senator Goolsby, I do appreciate your questions, but I’d like to say this, and Senator Woodard, your comments were very nice. I think if we wanted to go around here and play blame, everyone one of us could be blamed – except Senator Rucho; he’s perfect, as we know. We all aspire to that, but seriously, this has been around since the ‘30s, and the fact is none of us have really done a lot to correct this problem over that timeframe, but the good news is we can change that today. We can show the people of North Carolina that we are serious about coal ash, and we can all vote for this bill and send a message not only here but across the county that North Carolina is serious about cleaning up coal ash, and that’s the bottom line. We all want what’s best for all of North Carolina, but especially our constituents. We want to look after those. And I want to say probably one of the hardest votes I’ve ever seen happen was the vote Senator Brock took. He would love to go home and say “Listen, I tried to peel us out of this, tried to get us up top of the list,” and going back to the list, every bill I’ve seen filed on coal ash this session has had the same four companies in it – I mean the same four sites. Senator Woodard, your bill had it. Even Representative Harrison’s bill in the House had the same four, so it’s not an exact science. We’re all trying to do the best we can, and I think this is absolutely the best first step we can take to deal with coal ash in North Carolina, and I ask everybody in this room for your support. Thank you. [SPEAKER CHANGES] Senators, we have excused absences for Senators Blue and Newton. Is there any further discussion or debate on the bill? Hearing none, the question before the Senate is the passage of the Committee Substitute to Senate Bill 729 as amended on its second reading. All in favor will vote aye. Opposed will vote no. Five seconds will be allowed for the voting. Clerk will record the vote. 45 having voted in the affirmative and 0 in the negative, Committee Substitute to Senate Bill 7299 as amended passes its second reading and it will remain on the calendar. Senators, we’ll be moving on to second reading public bills. House Bill 189, Clerk will read. [SPEAKER CHANGES] House Bill 189, a ?? Child Support Orders. [SPEAKER CHANGES] Senator Randleman’s recognized to explain the bill. [SPEAKER CHANGES] Thank you, Mr. President. Members, this act would require that the address of the custodial parent or child be included in a child support order except when there is an existing order…

… prohibiting disclosure or the court has entered a 50-day domestic violence protective order. The bill also makes technical changes to the Uniformed Deployed Parents Custody and Visitation Act. I know of no opposition and would appreciate your support, and Mr. President, Senator Barringer has an amendment that has been agreed to by the primary bill sponsor. Thank you. [SPEAKER CHANGES] Senator Barringer, for what purpose do you rise? [SPEAKER CHANGES] To send forth the amendment. [SPEAKER CHANGES] Senator, you can send forward your amendment. The Clerk will read. [SPEAKER CHANGES] Senator Barringer moves to amend the bill. [SPEAKER CHANGES] Senator Barringer is recognized to explain the amendment. [SPEAKER CHANGES] Thank you, Mr. President. As has been stated, this is a friendly amendment. You’ve seen these amendments before; I will briefly list them. The first two were in the business court bill and the first part of the amendment is the actual business court part. There’s only a technical amendment or two in there to clarify a few of the… really, truly technical. It is the business court bill. Also in the business court bill was a holding court portion; that is verbatim what was in that bill. And then the last part you’ve also seen in Senate Bill 648. This particular amendment was known as part 5 when we vetted it very well, I think over three days in Judiciary 1. There’s absolutely no opposition to it. What it does is it brings into North Carolina the law that Delaware has that says that if a North Carolina company puts in its articles of incorporation that has been voted on by the shareholders a notice that a derivative action would be brought against the company, it has to happen in one of our North Carolina courts. I urge your support, and as I said, the primary bill sponsor agrees with this. [SPEAKER CHANGES] Is there any discussion or debate on Amendment 1? Hearing none, the question before the Senate is the adoption of Amendment 1. All in favor vote aye. Opposed will vote no. Five seconds will be allowed for the voting and the Clerk will record the vote. Rucho, aye. 45 having voted in the affirmative and none in the negative, Amendment 1 is adopted. The bill as amended is back before the body. Is there any discussion or debate? Hearing none, the question before the Senate is the passage of the Senate Committee Substitute to House Bill 189 as amended on its second reading. All in favor vote aye. Opposed will vote no. Five seconds will be allowed for the voting and the Clerk will record the vote. Rucho, aye. McLaurin, aye. 45 having voted in the affirmative and 0 in the negative, Senate Committee substitute to House Bill 189 as amended passes its second reading. Without objection it will be read a third time. [SPEAKER CHANGES] North Carolina General Assembly ?? [SPEAKER CHANGES] Is there any discussion or debate? Hearing none, the question before the Senate is the passage of the Senate Committee Substitute to House Bill 189 as amended on it third reading. All in favor will say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed, no. The ayes have it. Senate Committee Substitute to House Bill 189 as amended passes its third reading. The amendment will be engrossed, it will be sent to the House for concurrence in the Senate Committee Substitute. Senators, we have a couple public bills for concurrence. Senate Bill 163, the Clerk will read. [SPEAKER CHANGES] Senate Bill 163, Reclaim Water as Source Water. [SPEAKER CHANGES] Mr. President? [SPEAKER CHANGES] Senator Hartsell’s recognized to speak to the bill. [SPEAKER CHANGES] Thank you Mr. President, members of the Senate. This bill went to the House as one thing and has come back to us entirely differently. Not surprising, but it’s totally different. It is in fact a new bill. It was originally Senator Jackson’s bill. The long and short of it is the bulk of it is pretty good, but there are some provisions that are technically incorrect, and I would suggest that we may want to vote no on the concurrence motion and get a conference committee appointed to make it better. [SPEAKER CHANGES] Senator Hartsell requests that you do not concur. Is there any discussion or debate? Hearing none, the question before the Senate is the motion to concur in the House Committee Substitute to Senate Bill 163. There’ll be one electronic vote. All in favor will vote aye. Opposed will vote no. Five seconds will be allowed for the voting and Clerk will record the vote. 1 having voted in the affirmative and 44 in the negative, the Senate does not concur in the motion for House Committee Substitute to Senate Bill 163 and the House will be so notified. Senator Tarte changes from aye to no. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] 45 to 0 is the final count. Senate Bill 790, the Clerk will read. [SPEAKER CHANGES] Senate Bill 790, ?? [SPEAKER CHANGES] Senator Cook is recognized…

...recognized to explain the bill. [SPEAKER CHANGES] When we in the Senate last saw this bill, we passed it 44 to 5. It then phased in the sales tax on sales of electricity by the Cape Hatteras Electric Membership Corporation over two years. The House PCS added to this provision other provisions including phase in of sales tax on sales of piped natural gas by the eight gas cities and a couple of technical changes at the Department of Revenue's request. I ask for your concurrence. [SPEAKER CHANGES] Senator Cook asks that you concur. Is there any further discussion or debate? Senator Hise, for what purpose do you rise? [SPEAKER CHANGES] Ask Senator Cook a question. [SPEAKER CHANGES] Senator Cook, do you yield for a question? [SPEAKER CHANGES] Of course. [SPEAKER CHANGES] Senator Cook, when we had gone through debate previously on the sales tax, it was my understanding that previously this community had not paid any of the utilities tax so that's why we were phasing it in. Is the same statement true for these gas cities that are selling piped natural gas? Did they not previously pay that and we're phasing that in over time? [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Senator Apodaca, for what purpose...Senator Apodaca has the floor for a motion. [SPEAKER CHANGES] Mr. President, Senate Bill 790, I ask that it be removed from tonight's calendar and placed on tomorrow's calendar, please. [SPEAKER CHANGES] Without objection, so ordered. [SPEAKER CHANGES] Thank you, Mr. President. [SPEAKER CHANGES] Senators, that wraps up the calendar for the day. Do we have any notices or announcements? Any notices or announcements? [SPEAKER CHANGES] Mr. President. [SPEAKER CHANGES] Apodaca, for what purpose do you rise? [SPEAKER CHANGES] Announcements, please. [SPEAKER CHANGES] Senator Apodaca has the floor for announcement. [SPEAKER CHANGES] Members, please pay careful attention. Tomorrow morning at 10 a.m. there will be an Insurance Committee meeting. Tomorrow morning at 10:30 a.m., there will be a Pensions and Retirement meeting and tomorrow morning at 11 a.m., there will be a Rules meeting. All these meetings will be held in Room 1027 and I suggest take a look at your e-mail tonight. It will have a list of what we're going to hear. Senator Davis, you'll enjoy one of these bills for the Insurance Committee, so I ask that everybody attend tomorrow. [SPEAKER CHANGES] Any further notices or announcements? Any other business to come before the Senate? If not, the Chair recognizes Senator Berger for a motion. [SPEAKER CHANGES] Thank you, Mr. President. I move that the Senate do now adjourn subject to messages from the House and the Governor. The introduction, referral and re-referral of bills and resolutions. The receipt and re-referral of committee reports, ratifications of bills and appointments of conferees to reconvene on Wednesday, June 25, 2014 at 2 p.m. [SPEAKER CHANGES] The motion that the Senate do now adjourn subject to the stipulations stated by Senator Berger to reconvene Wednesday, June 25th, at 2 p.m. Seconded by Senator Tarte. All in favor say aye, opposed no. The ayes have it, the Senate stands adjourned.