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.

Subject:  NC Legislative Update #5 – 2008

The end of this session is not far away.  The full appropriations and finance committees are expected to consider their proposals Tuesday, with votes by the full Senate expected for Wednesday and Thursday of this week.  The plan is for the full budget conference committee discussions to begin as soon as this Friday, June 20, 2008.

• HB822 – Environmental Technical Corrections 2007 – Bill referred to Senate Ag. Not scheduled at this time.
• HB904 – Duplicate Drivers License Requirements – Bill withdrawn and referred to Senate Rules.
• HB2353 – Irrigation Contractors Licensure/Fees – Bill Sponsor Pryor Gibson is working to set our hearing for Thursday of this week in House Finance.  It would then go to House Environment.
• HB2499/SB1879 – Drought/Water Management Recommendations – Hearing held last week for primarily staff attorneys of the various state agencies, plus other stake  holders who had an interest in the overall Drought issue.  The next public hearing on HB2499 is set for June 23 in Raleigh.  We have major problems with this bill and our consultant Bruce Adams is addressing those so we can make recommendations to the committee.  Our major concern is the definition of “non essential use of water”.  The current wording would stop any use of water for plants during a drought.  If there was ever a need for a Water Wise Council of commercial water users, it’s now.  As an industry, we must stand up and fight for our right to continue watering during a “drought” as long as it’s done in a reasonable manner to conserve water.  Bruce Adams will come up with reasonable terminology that we can work with.  We currently are looking to add the State Chamber of Commerce and the NC Retail Merchants to our team to make our voices heard and to protect our investment.

The problem we have now is with Governor Easley pushing the General Assembly to act on his Drought proposal before the session ends in a few weeks.

Other issues of concern to GIC members:

• 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 – no action

Mr. Tom Ash, a water expert from California, will be teaching an irrigation efficiency class on Saturday, April 19^th from 8 a.m. – 11 a.m at the Caterpillar Dealer on Hwy 21 in Charlotte.

It is imperative that anyone who installs or maintains, commercial or residential irrigation systems, learn these new innovation irrigation technologies. Now that the water is back on, the green industry has a responsibility to further our professional education. We as an industry can then educate our customers in better water management.

Please RSVP by April 14^th to info@shepherdssupply.com. The cost is $50.00 per person to cover the water expert’s expenses.

Thanks,

Buddy Murrow
Shepherd’s Landscape Supply

The Green Industry Council is on the Charlotte City Council meeting agenda Monday, March 24th to again ask them to ease the current water restrictions. Stage 3 restrictions are still currently in place. We need everyone to show their support and attend the Monday night meeting.

The meeting will be held at: Charlotte Mecklenburg Government Center
600 East Fourth Street
Charlotte, NC

This is a government facility, so please ensure all attendees dress and act professionally, and remain quiet and respectful.

Parking is available in the Government Center Parking Deck at the corner of Davidson Street and 3rd Street and also at the Baptist Church next to the Government Center after 5:30 p.m.

Thank you again,
Buddy Murrow