NC 2008 Year-End Legislative Report - GIC

The North Carolina General Assembly finally adjourned their two year session shortly before 5pm on Friday, July 18, 2008.  Over the past two year period, the NC General Assembly dealt with 4,979 bills, enacting some 766 new laws.

 Key Year-End Legislative Issues for GIC 

• HB2353 – Irrigation Contractors – See Page 2
• HB2499 – Drought/Water Management Recommendation – See Page 4
• Funding for GIC Drought

In approved Budget:  Water Conservation Education - $ 75,000

                                   Water Conservation Promotion - $225,000

                                                                                                          $300,000

Other issues of concern to GIC members during the 2007/2008 legislative session that we were tracking/working:

HB822 – Environmental Technical Corrections 2007 – On 7/2/08, HB822 was changed to “Prevent Agricultural Pesticide Exposure” and passed Senate on 7/9/08 and presented to the Governor on 7/10/08.

HB904 – Duplicate Drivers License Requirements - Died in Senate Rules Committee

SB150 – Outdoor Adv. Vegetation Removal Changes - Passed Senate and Died in House Commerce

SB842 – Extend Nutrient Offset Payment Sunset died in House Environment.

SB1259 – No Liability/Water Meets Water Standards – Passed both chambers and sent to the Governor on July 18, 2008.  SB1259 states “A supplier of water regulated under this Article shall not be deemed to provide any warranty under Article 2 of Chapter 25 of the General Statutes, including an implied warranty of merchantability or an implied warranty of merchantability or an implied warranty of fitness for a particular purpose.”  Key GIC 2008 Issues 

         I.     HB2353 – Irrigation Contractors – Ratified Bill – See attached copy (Page one of Bill must have the words “Ratified Bill” under Bill Number or it’s not what was enacted.

The following are the changes to the final copy of the new Irrigation Law – Chapter 89G – Irrigation Contractors.  Attached to this report is a copy of the Ratified Bill.  Here are GIC’s key amendments to the Irrigation Bill.

 89G-1 Definitions

(4) Irrigation system. – All piping, fittings, sprinklers, drip tubing, valves, control wiring of 30 volts or less, and associated components installed for the delivery and application of water for the purpose of irrigation that are downstream of a well, pond or other surface water, potable water or groundwater source, or grey water source and downstream of a backflow prevention assembly. Surface water, potable water or groundwater sources, water taps, utility piping, water service lines, water meters, backflow prevention assemblies, stormwater systems that service only the interior of a structure, and sanitary drainage systems are not part of an irrigation system.

  89G-3 Exemptions

(5) Any irrigation construction or contracting work where the price of all contracts for labor, material, and other items for a given jobsite is less than two thousand five hundred dollars ($2,500).

            (11) A general contractor licensed under Article 1 of Chapter 87 of the General Statutes.

(12) A wastewater contractor certified under Article 5 of Chapter 90A of the General Statutes who performs only the construction of or repairs to a wastewater dispersal system.

(13) A public utility contractor licensed under Article 1 of Chapter 87 of the General Statutes.

(14) A plumbing contractor licensed under Article 2 of Chapter 87 of the General Statutes who performs only the following work: installation, repairs, or maintenance of water mains, water taps, service lines, water meters, or backflow prevention assemblies supplying water for irrigation systems; or repairs to an irrigation system.

(15) Any person performing irrigation construction or contracting work for a golf course.

(16) Any person maintaining or repairing an irrigation system owned by the homeowners association of a planned community and located within the planned community’s common elements as defined in G.S. 47F‑1‑103.

89G-13. Injunction to prevent violation; notification of complaints.                            

SECTION 4.  Any person who can document 10 years in business as an irrigation contractor as of the date this act becomes effective, can document competency in the practice of irrigation contracting, as determined by the Board, and meets all other requirements and qualifications for licensure may be issued an irrigation contractor’s license under Chapter 89G of the General Statutes, as enacted by Section 1 of this act, without the requirement of examination, provided that the person submits an application for licensure to the Board within 180 days of the date this act becomes effective.

SECTION 5.  The Board must annually review the fees set out in G.S. 89G‑10 of this act to determine whether these fees reflect the actual cost of administering this act and seek legislative changes to the fees if necessary.

SECTION 6(a), 6(b) - not our issue – will not be in our statutes when printed in law books.

SECTION 7 – Effective Dates - 89G-4, The NC Irrigation Contractors Licensing Board takes affect on or before October 1, 2008.  The remainder of HB2353 becomes law January 1, 2009.

The August newsletter is now available.
You can download your copy by using the link below.

2nd-quarter-newsletter1.pdf

Subject:  NC Legislative Update #4 – 2008

The only issue that received serious work this week was the House Budget plan.  In fact, the House voted 104-10 in favor of the House Budget of $21.3 Billion.  The House approved the budget, has no new taxes and would increase spending by just 3.3 percent.  The interesting issue this time is that the Senate might just take up the House Budget bill, rather than write their own.  If this does happen, adjournment will come that much sooner.

Action this week on GIC’s key issues:

• HB822 – Environmental Technical Corrections 2007- no action
• HB904 – Duplicate Drivers License Requirements – no action
• HB2353 – Irrigation Contractors Licensure/Fees – no action
• HB2499/SB1879 - Drought/Water Management Recommendations – no action
• SB150 – Outdoor Adv. Vegetation Removal Changes – no action
• SB842 – Extend Nutrient Offset Payment Sunset – no action
• SB1259 – No Liability/Water Meets Water Standards – no action
• SB1796 – Irrigation Contractors Licensure/Fees – no action
• SB1932/HB2345  – Agricultural Drought Response Funds         

HB2345 – Was reduced from $1,000,000 to $600,000.  HB2345 was then added to the budget and was passed when the House passed their budget. HB2345 is now assigned to the Senate Committee on Agriculture, Envirohment and Natural Resources.  Dick and I are working this committee – taking nothing for granted about it passing.

HB2353/SB1932 – Irrigation Contractors Licensure Fees. 

Remember, this bill must pass the Legislative Licensure Committee before it can start the normal committee process.

The House floor action on the budget stopped our hearing this week.  Senator Swindell’s office called to say they wanted to hold our hearing at 8:30am Tuesday morning.  We are not on the Senate calendar at this time, but should be by Monday night.  We should plan for 8:30am Tuesday.

New Issue

Mark has asked that we jump in to help stop the funding cut for NC State’s Extension and Faculty positions that are now scheduled to receive some cuts.

Dick and I will talk with Pryor Gibson and Walter Dalton to begin with, then our other legislative friends.  We will make this a priority until the decision is made on what they plan to do.

All the other GIC issues remain in the same committees as reported last week.

The House Budget work put everything on hold.

Good News

Bill Behan, with John Deere and Co. set up a meeting with the State Chamber of Commerce that moved GIC’s effort to form a Water Wise Council way ahead of where we were a few days ago.  If this happens, and I feel it will, we will be moving our effort to make an impact on the Drought issues way ahead of where we are today.  It was a great move to add someone from John Deere at his level to our effort.  We just need to merge the NC Retail Merchants into this effort.  Lowes and Home Depot are members of the Retail Merchants, as are other allies that we need with this effort.  Bruce Adam did a great job in explaining to the chamber why their involvement was so important.

The work at the General Assembly continues to move ahead and adjournment is not that far away.  We need to keep pushing for our issues.

E-Verify assists employers to determine whether a newly hired employee is authorized to work in the United States and if the social security number presented by the employee is valid.  The program is both free and easily accessed. More importantly, in the event of a USCIS raid or audit, it provides a useful tool for the employer to demonstrate good faith in its employment eligibility verification procedures and record maintenance.

To get more information on the E-verify system, click the link below:

http://www.ciclt.net/ul/ncgic/E-Verify.pdf\

Subject:  NC Legislative Update #7 – 2008

 Democratic leaders, in both chambers, have wrapped up work on a $21.3 billion budget plan for the new fiscal year.  The first of two required votes in each chamber could occur as early as tonight.  It’s estimated that the 2007/2008 season could end by July 18, 2008.
HB2353/SB1795 – Irrigation Contractors Licensure/Fees -  Scheduled for Senate Finance on 7/8/08 at 9am in Room 544.  Legislature Rules require we stay with HB2353 because it passed the House before SB1795 had any movement.

• HB2499/SB1879 – Drought/Water Management Recommendations – HB2499 will be heard Tuesday, July 8, 2008 at noon in Room 643 of the L.O.B.  GIC has three amendments of specific interest which are outlined below.
• 1.     moves to amend the bill on page 3, line 35, by rewriting “resources.” To read “resources; and a minimal amount of water necessary to sustain the economy of the State.”;
• 2.     And on page 21, line 24, by inserting after the word “recommendations” the phrase “in consultation with a technical working group consisting of University of North Carolina scientists and industry experts”.
• 3.     Moves to amend the bill on page 8, lines 29-33 by deleting the first sentence of that section and inserting the following language:  “The use of private groundwater wells for lawn and landscape irrigation shall be subject to the rules and regulations of the NC Utilities Commission for water systems.”
•  Rep. Gibson just called me saying we should be present to explain these three issues. 
• Just how the bill will turn out is uncertain at this time.  GIC does need to be present to present its support.
• Additional funding for GIC Drought.  The House d=budget had $600,000 when it passed.  The budget now has Water Conservation Education  $75,000 and Water Conservation Promotion $225,000.  Both chambers will be voting on this compromise.  We feel we will end up with $300,000 when they adjourn in two weeks.
• Other issues of concern to GIC members:

• HB822 – Environmental Technical Corrections 2007 – Still no action since 7/18/07
• HB904 – Duplicate Drivers License Requirements – Passed House on 5/15/07.  HB904 referred to Senate Rules on 7/16/07 – no action since then.
• SB150 – Outdoor Adv. Vegetation Removal Changes – Same as last report.
• SB842 – Extend Nutrient Offset Payment Sunset – No action at this time.
• SB1259 – No Liability/Water Meets Water Standards – No action at this time..

FOR IMMEDIATE RELEASE
May 15, 2008
Contact: Sheryl Bynum
Executive Director
(919) 372-1586

NC Green Industry Council to Distribute New ‘Water Wise Works!’ Brochure

WHAT: A new comprehensive brochure designed to help homeowners manage lawns and landscapes while maximizing water efficiency.

WHY: This brochure was produced and distributed as part of the NC Green Industry Council’s efforts to educate consumers about using water efficiently in new and established lawns and landscapes. As hot, dry weather approaches, it is important for everyone to manage water resources carefully.

WHERE: Copies will be available at garden centers, nurseries, county extension offices and through realtors and municipal water suppliers.

WHEN: Brochures should be available to consumers by the end of May.

WHO: Publication and distribution of this brochure was made possible by support from the NC Golden Leaf Foundation, the NC Green Industry Council, the NC Cooperative Extension Service, the NC Department of Agriculture and Consumer Services, and the NC Nursery and Landscape Association.

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Download a copy of this press release in Microsoft Word here:

Press Release 5/23/08

cwra-state-joint-letter.doc

FOR IMMEDIATE RELEASE
WEDNESDAY, APRIL 30, 2008

Editor’s Note: High res flower photos are available online. Click here.

Flowers and ornamentals brighten landscape
May proclaimed Floriculture Month by governor

RALEIGH – With longer, warmer days and ample rainfall, many homeowners are anxious to get outside to repair some of the damage done to their landscapes by last year’s drought. With a little planning, landscapes can be revived and filled with plants that are beautiful, drought tolerant and locally grown.

“More than 1,000 varieties of flowers and ornamentals are raised in the state,” said Agriculture Commissioner Steve Troxler. “North Carolina ranks sixth nationally in floriculture production and we’re in the top 10 for production of many high-demand plants.”

Gov. Mike Easley recently recognized May as Floriculture Month, based on the industry’s economic impact of more than $202 million.

There are many resources available to provide homeowners information about how to select appropriate plants, such as the Water-Wise Works! tips available at TarHeelGardening.com. Retail nurseries and garden centers are also stocking more drought tolerant plants and are prepared to help homeowners select plants to suit their needs.

Gardeners can find North Carolina-grown plants at retail nurseries and garden centers and at the state-run farmers markets in Asheville, Charlotte, Colfax, Lumberton and Raleigh. Many smaller farmers markets also have plant vendors on-site during the spring season.

Additional information on the North Carolina floriculture industry is available at the N.C. Department of Agriculture and Consumer Services’ Web site, www.ncagr.com, or the N.C. Commercial Flower Growers Association Web site, www.nccfga.org.

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FOR IMMEDIATE RELEASE
April 29, 2008

Contacts:
Doug Berlin, President
(336) 665-0291
Sheryl Bynum, GIC Exec. Director
(919) 372-1586

Raleigh, NC - - - The leadership of the North Carolina Green Industry Council today announced its endorsement of David Rouzer for NC Senate.

“We are very excited as an organization to be able to endorse David Rouzer in his bid for a seat in the North Carolina Senate,” said Doug Berlin, President of the NC Green Industry Council.

“During his years of experience in Washington while working with Senators Jesse Helms and Elizabeth Dole, David proved himself as an effective public servant dedicated to the issues impacting North Carolina. That experience, coupled with his extensive background in agricultural issues, will make him an excellent NC Senator,” Berlin added.

Composed of representatives from the irrigation, landscaping, nursery, turf grass and other related businesses, North Carolina’s green industry contributes more than $8.6 billion annually to the state’s economy and employs more than 151,000 people according to a recent economic impact study done by NC State University and the NC Department of Agriculture and Consumer Services.

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FOR IMMEDIATE RELEASE
FRIDAY, APRIL 25, 2008

CONTACT: Ross Williams, assistant director
NCDA&CS Marketing Division
(919) 733-7887, ext. 237

NCDA&CS, nursery/landscape industry team up to promote water-wise gardening, landscaping

Grant from Golden LEAF helps fund public information campaign

RALEIGH – The N.C. Department of Agriculture and Consumer Services and the state’s nursery and landscape industry have launched a campaign to educate the public about how they can successfully grow plants in the home landscape even during periods of drought and water restrictions, Agriculture Commissioner Steve Troxler announced today.

The Water-Wise Works! media campaign is a partnership between the department, the N.C. Green Industry Council and N.C. State University’s Department of Horticultural Science. The campaign emphasizes ways that will help homeowners maintain an attractive landscape with less water.

“Drought and water restrictions across North Carolina have severely reduced demand for nursery and greenhouse plants and related services,” Troxler said. “Many of these businesses report that sales have declined as much as 40 percent, and employee layoffs have approached 30 percent. This campaign will help people understand that even during a drought, you can still enjoy beautiful North Carolina-grown plants if you practice water-wise gardening.

“These tips make sense even as we return to more normal rainfall patterns,” he said. “They focus on making the best use of the resources we have and not being wasteful. They’re good principles to live by.”

The statewide campaign is using public service advertisements on radio and television to tout the importance of water-wise landscaping and gardening. They feature NCSU horticulture expert Bryce Lane, host of UNC-TV’s “In the Garden.” The ads refer consumers to the Web site www.TarHeelGardening.com for tips and other information. The site was developed by the N.C. Nursery and Landscape Association and NCDA&CS.

The campaign is supported by a $215,475 grant from the Golden LEAF Foundation and funding from the U.S. Department of Agriculture.

TV spots are slated to run across the state from now through May. Radio ads have been running since late March. Ads also will be running in Our State magazine.

“Golden LEAF is pleased to support this project as the green industry is such an important sector of the agricultural economy in North Carolina,” said Valeria Lee, president of Golden LEAF. “In addition, the whole state benefits as we adopt these practices for wise water use.”

A report released last year estimated that the green industry contributes $8.6 billion to North Carolina’s economy and employs more than 151,000 people. The industry comprises growers of greenhouse/nursery stock, Christmas trees and flowers, sod producers, and related businesses such as landscape and irrigation contractors, lawn care professionals, arborists and retail lawn and garden centers.

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