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Subject: D[NR-related news for Nov. I, Dome, Insider, etc.
DENR-related news:
w House version of water resources bill big concern for Carolina Beach, other federally nourished strands
w Jones co-sponsors hiii to delay flood insurance rate increases
+ WSPoverseas local, national projects
+ Quotes nfthe Week
^ Chemical leak at DuPont Fayetteville Works sends employees to the hospital
° Southeast forest Dreservation r)roiects announced
w 'Water fund' aims for investment, collaboration in river conservation
w Getting the Kids Outside
• Pender board to discuss fish -processing plant incentives
WRAL-TV'siU
News and Observer's "Under the Dome"": http://www.newsobserver.com/dome/­­
The Insider: News Surnma!y
Propane Inspections
The state Agriculture Department is doing abetnerjobtracking inspections ofpropane plants and dispensing
sites, according toastate audit. But the agency needs to do more to ensure that rules for handling the highly
flammable gas are enforced. The state Auditor's Office on Thursday released a follow-up to a critical December
2011 audit that found the Agriculture Department was risking public unfe/v by not fining violators where
inspections found potential threats to public safety. The 2011 audit found that public schools lost out on $2
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million because 80 percent of fines collected would have gone to local districts. The Agriculture Department is
responsible for inspecting plants, delivery trucks, storage facilities and businesses that handle liquefied
petroleum gas, or propane.
The Agriculture Department office responsible for propane inspections started using a software program in
January to better track and monitor inspections and fines. The 2011 audit found that $7,100 in fines had been
issued during a 12-month period, and the new audit found that the state had issued $16,000 in penalties from
Jan. I to March 15 this year. But the new audit faulted the office for not performing timely follow-up
inspections and for routinely reducing fines without clear reasons. Twenty-seven of 80 fines assessed during the
audit period were reduced 50 percent, and the severity of violations wasn't considered when fines were cut, the
audit said. Eight of the 27 fines were reduced even though businesses had five or more violations found in the
same inspection.
State Agriculture Commissioner Steve Troxler said in a written response that the severity of violations is always
taken into account but assessing fines is discretionary. This year the legislature passed a law making clear that
the department's authority to issue fines does not mean it has to if "non -monetary sanctions, education, or
training are sufficient to address the underlying violation." If a violator corrects problems, fines are generally
cut in half, Troxler wrote. The practice encourages compliance and is consistent with the goal of ensuring
public safety, Troxler's letter said. The audit said Troxler's reference to the department's discretion in imposing
fines minimized the importance of the audit finding that the department reduces fines even when inspectors
have found multiple violations. (Lynn Bonner, THE NEWS & OBSERVER, 11/01/13).
Senate Setback
Efforts to confirm U.S. Rep. Me] Watt as the head of the agency overseeing Fannie Mae and Freddie Mac were
dealt a major setback Thursday after Republicans blocked a key vote in the Senate. The White House, however,
indicated that it has not given up on seeing Watt lead the Federal Housing Finance Agency. President Barack
Obama nominated Watt in May. Industry experts said they expected Watt would bring a consumer -advocacy
focus to the job, which has been focused on dealing with billions in dollars of losses after the financial crisis.
Republicans have called Watt too political, and conservative groups have attacked his support for government
involvement in the housing industry. The vote came after several days of renewed political fighting over Watt's
nomination. Earlier this week, U.S. Sen. Lindsey Graham said he would try to stall any votes until the White
House disclosed more information on the September 2012 attacks in Benghazi. Republicans used a filibuster to
block the nomination. A vote to end debate came in at 56-42, four votes shy of the number needed for cloture.
Both of North Carolina's senators, Republican Richard Burr and Democrat Kay Hagan, voted in favor of the
nomination.
Obama's choice of Patricia Millett to become ajudge on the U.S. Court of Appeals for the District of Columbia
Circuit also was blocked Thursday. The Millett defeat was particularly stinging for Democrats. The D.C. circuit
court issues decisions on White House and federal agency actions and is considered second in power only to the
Supreme Court. Millett's confirmation would have produced a 5 -4 tilt among that court's judges toward those
chosen by Democratic presidents, appointments that are lifetime positions. Republicans said the D.C. circuit
court's workload was lighter than other districts and didn't merit filling any of its three vacancies. They also said
Democrats want to turn that court into a rubber stamp for Obama administration policies. (Andrew Dunn, THE
CHARLOTTE OBSERVER, 10/31/13; Alan Fram, THE ASSOCIATED PRESS, 10/31/13).
NCAE Criticism
Plans for an organized show of support for public education next week have turned into a political fight, with
state and local Republican leaders accusing the North Carolina Association of Educators of orchestrating a
strike that they say will endanger student safety. The push for a Nov. 4 teacher walkout started on Facebook
several months ago among a handful of teachers angry about actions taken by the General Assembly this year,
including ending tenure rights for veteran teachers, launching a private school tuition voucher program and
passing a budget with no raises for educators. The teachers' calls for a walkout picked up a lot of support, and
Sen. Neal Hunt, R-Wake, said Thursday that he thinks the NCAE was behind it.
NCAE President Rodney Ellis said his group had nothing to do with the proposed strike. A review of social
media posts in recent months show that members of the association discouraged a walkout. "When you get to
the point that educators are talking about taking action that is clearly against the law, you know that they've
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reached a boiling point," Ellis said. North Carolina law prohibits teachers from unionizing or striking, which is
why the NCAE pushed the group to turn the event into a "walk-in" that won't leave students unattended or get
anyone fired. The walk-in is meant to spark discussion among teachers and parents about challenges such as
spending cuts and low teacher pay, he said, adding that it's not meant to be a political protest. Schools and
parent groups are deciding for themselves whether they want to take part, he said. Still, Hunt said he isn't
buying Ellis' claims, noting that the NCAE and Republican legislative leaders have spent the past three years
butting heads. "We think that teachers should be paid more, and we're certainly going to do that as soon as we
can find the money, but there's no question this is a political event," he said.(Laura Leslie, WRAL NEWS,
10/31/13).
Medicaid Audit
State Auditor Beth Wood offered an expansive defense of her audit of the state Medicaid system, which
included the controversial finding that the state spends a higher proportion of its money on administration than
comparable states. Wood met with The News & Observer editorial board Thursday to talk about her agency's
audits. A report by the North Carolina Health News in early October found responses to the audit submitted by
the state Department of Health and Human Services under the administration of former Gov. Bev Perdue
showing that North Carolina's administrative expenses looked good in comparison to other states' when costs of
managed care companies working in other states were included. Wood stuck by her audit, saying that the
figures used in her report were official numbers submitted to the federal office that oversees Medicaid.
Medicaid experts, including the former head of the Medicare and Medicaid office in Atlanta, determined how
the figures should be reported in the audit, she said. "My findings are irrefutable," Wood said.
The report on administrative spending that a former DHHS official used to try to counter the audit included
unverifiable information on managed care expenses, Wood said. "Everyone is jumping up and down about this
information that somebody pulled out of the sky," she said. North Carolina Health News is standing by its
report. Gov. Pat McCrory and DHHS Secretary Aldona Was appeared with Wood at a news conference to
announce the audit findings. McCrory uses the audit to bolster his contention that Medicaid is "broken," and as
a reason not to expand Medicaid to about 500,000 low-income people as allowed under the Affordable Care
Act. Wood said Thursday that McCrory was describing Medicaid as "broken" before her audit came out, and
that he listed three reasons in addition to the audit for not expanding the government health insurance program
for the poor, elderly and disabled.(Dome, THE NEWS & OBSERVER, 10/3 1/1' )).
McCrory Poll
A new Republican poll confirms what Democratic pollsters have reported for months: Gov. Pat McCrory's
popularity has taken a hit. McCrory's jab approval rating is 46 approve and 44 percent disapprove, according to
a National Research poll for the conservative Civitas Institute. His favorability is a tick lower at 43 percent
favorable to 44 percent unfavorable. The numbers indicate that those polled — only registered voters who cast
ballots in either 2010, 2012 or both — are essentially split, given the poll's 4 percentage point margin of error.
The job approval numbers represent a I 0-point drop from May, when National Research last polled the question
and found his job approval at 54 percent to 29 percent.
The shift downward for McCrory is attributed to rising unfavorability from independents and Democrats this
year. Earlier this month, Public Policy Polling showed McCrory's job approval rating at 37 percent with 51
percent disapproving. The PPP suggested the partisan upheaval in the legislative session was partly to blame for
the drop. Civitas Institute President Francis De Luca put a positive spin on the numbers: "In our October poll it
is better to be Gov. McCrory than it is to be President Obama," he said. For comparison, President Barack
Obama'sjob approval rating is 44 percent (to 53 percent unfavorable) and his favorability is 43 percent (to 52
percent unfavorable). (Dome, THE NEWS & OBSERVER, 10/31/13).
Party Switch
A Republican congressional candidate is renouncing his party and switching his affiliation to Democrat. Jason
Thigpen, who is challenging Republican U.S. Rep. Walter Jones in the 3rd Congressional District, wrote a
blistering assessment of his former party, saying his shift was precipitated by the tea party push for a
government shutdown. His statement is not the first time he's bucked the Republican Party. Earlier this year, he
earned a headline in the Fayetteville Observer for calling the GOP -drafted law to require a voter ID at the polls
discriminatory and saying it would suppress the right to vote. At the time, he described himself as a "true
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Republican." Thigpen is a six -year Army veteran who received a Purple Heart, according to his website. He
graduated from UNC-Wilmington in May and started a nonprofit group called Student Veterans Advocacy
Group. The 36-year-old lives in Holly Ridge with his wife and four children. Thigpen raised $42,000 through
June as a Republican, according to FEC reports. Jones himself is a party switcher. He first ran for Congress in
1992 as a Democrat but later won in 1994 as a Republican. Jones is also facing a Republican primary fight from
Taylor Griffin, a former aide to President George W. Bush.(Dome, THE NEWS & OBSERVER, 10/31/13).
Police Video
A Mecklenburg County judge on Thursday blocked the release of a video showing the shooting death of an
unarmed man by a police officer. The ruling by Superior Court Judge Richard Boner means it's up to Senior
Deputy Attorney General James Coman whether the public sees the footage. The court order overrides a state
law that gives Charlotte officials authority to release the video if needed to maintain public confidence. Several
news organizations, including The Associated Press, had asked that the dashcam video be released. A Charlotte -
Mecklenburg officer is charged with voluntary manslaughter in the September death of Jonathan Ferrell, 24, a
former Florida A&M football player. The video is considered a vital piece of evidence in the case.(THE
CHARLOTTE OBSERVER, 10/31/13).
University Protest
A group of students and faculty at the University of North Carolina Greensboro is speaking out against the
school's plans to build a $91 million recreation center. At a rally on campus Wednesday at the proposed site of
the center, the group protested the cost of the project and the how much students are paying in debt service fees
to cover the expected costs of this building and six others that have already been built. Students at UNCG pay
more than $700 a year to help the university repay those construction costs.
At the protest, students and faculty
said the planned project is too big and costly and shouldn't be done at a time when students are struggling to
afford the basic costs of attending college. According to the Greensboro News & Record, the debt service fee
paid by UNCG students is the highest in the 16-school UNC system and its tuition and fees are the fifth highest.
Reade Taylor, the university's vice chancellor for business affairs, told the newspaper that the school's costs are
in line with other comparable UNC schools.(THE ASSOCIATED PRESS, 10/31/13).
Farmland Grants
County governments and nonprofit groups pursuing farmland preservation projects have until Dec. 16 to apply
for funding assistance from the N.C. Agricultural Development and Farmland Preservation Trust Fund. About
$1.7 million is available through money appropriated for the 2014-15 budget year by the General Assembly.
"We have 86 county voluntary agricultural districts across the state and 50 county -wide farmland protection
programs. We want to encourage more preservation efforts through the trust fund," said Agriculture
Commissioner Steve Troxler. The fund's purpose is to support projects that encourage the preservation of
qualifying agricultural, horticultural and forest land to foster the growth, development and sustainability of
family farms.(NEWS RELEASE, 10/31/13).
Judicial Appointment
The dean of the Wake Forest University School of Law has been appointed to a federal judicial board by the
chief justice of the U.S. Supreme Court. The university said Thursday that the five-year appointment of Blake
Morant to the Federal Judicial Center Foundation Board began Oct. 24. The board reviews and accepts
proposed gifts for the work of the center. Congress created the foundation in 1990. The center is the federal
judicial branch's agency for orientation and continuing education of federal judges and court personnel, and for
policy research about federal court procedures and practices. Congress has directed the center to encourage
study of the history of the federal courts, and to provide information and assistance to foreign judges and others
seeking to improve judicial administration in other countries. The Wake law school's dean emeritus, Robert
Walsh, recently ended a five-year term on the board. Walsh, who is a law professor, also was appointed by
Roberts. (Richard Craver, WINSTON-SALEM JOURNAL, 10/31/13).
Forest Preservation
Lawmakers, businesspeople, conservationists and others gathered Thursday as additional projects in a five-year
effort to restore 200,000 acres of forest land in the Southeast were announced. Earlier this year, the National
Fish and Wildlife Foundation and International Paper announced formation of the Forestland Stewards Initiative
funded with a $7.5 million grant from the paper company. The initiative is granting money to restore and
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maintain forest lands in eight southeastern states from the Carolinas to Texas. On Thursday, the initiative
announced $350,000 will go to conservation groups and federal partners in the Carolinas. Those projects
include increasing the management of longleaf vine in and around the Francis Marion National Forest northeast
of Charleston. They also call for planting more than 1,200 acres of longleaf pine seedlings and enhancing more
than 8,000 acres of longleaf pine habitat in the Cape Fear area of North Carolina.
Over the five years, the grants will go to maintaining forests in three areas. They include the coastal plain of the
Carolinas and the southern Cumberland Plateau running from Kentucky through Tennessee and into northern
Alabama and Georgia. The third area is the piney woodlands in Louisiana and east Texas. Projects include such
things as managing forestlands with controlled burns and purchasing seedlings for planting. John Faraci, the
chairman and CEO of International Paper, the largest forest products company in the world, said that
maintaining forests is important both for the economy and recreation. "Although we don't own forests in North
America any longer, forest lands have been part of our DNA for the last 115 years and we're not in business
without them," he said.(Bruce Smith, THE ASSOCIATED PRESS, 10/31/13).
Federal Fix
White House officials said Thursday that they have enlisted a number of high -profile companies, including
Raleigh -based Red Hat, to fix the government's malfunctioning health insurance website. Dozens of expert
engineers and technology managers are working around -the -clock to fix the website originally designed for the
public to verify income, confirm discounts and buy subsidized insurance under the Affordable Care Act. The
site, healthcare.gov, has been working only sporadically since it was launched Oct. 1. Red Hat spokeswoman
Stephanie Wonderlick said she was not authorized to disclose the number or names of company employees
enlisted in the government project.(John Murawski, THE NEWS & OBSERVER, 10/31/13).
Solidarity Protests
A labor organization is planning protests Friday in half a dozen Southern cities to demand charges be dropped
against the more than 900 people arrested in "Moral Monday" protests at the North Carolina legislature this
year. The Southern Workers Assembly plans to picket in front of the county courthouse in Raleigh at noon. The
protest continues in Goldsboro and Charlotte that afternoon. Additional picketing is planned that day in
Charleston and Columbia, S.C., and in San Antonio, Texas. The organization, a network of local unions and
organizing committees, is rallying around Saladin Muhammad, a labor leader who is the first Moral Monday
protester to be convicted. His attorney, Al McSurely of Chapel Hill, says the conviction will be appealed to
superior court. (Dome, THE NEWS & OBSERVER, 10/31/13).
Exemption End
North Carolina appliance retailers are hoping to cash in on the state's last tax-exempt weekend for qualified
Energy Star appliances, which they say has become one of their busiest weekends since it was introduced five
years ago. From Friday through Sunday, customers won't have to pay sales tax when they buy energy -efficient
washers, freezers, air conditioners and other major appliances. Independent retailers said the tax-free weekend
has been an important push for store sales and traffic flow. The N.C. Department of Revenue estimates the
appliance program resulted in $1.6 million worth of lost tax revenue statewide last year. In August, the state
held its final back -to -school tax-exempt weekend, which offered discounts on items such as clothing, backpacks
and computers. That program came with an estimated cost of $13.6 million in lost tax revenue. Both programs
are ending as a result of tax changes this year passed by the General Assembly. Opponents said the tax-exempt
weekends cost the state revenue and just shifted consumers' purchases from other times to those weeks.(Rachel
Butt, THE NEWS & OBSERVER, and Ely Portillo, THE CHARLOTTE OBSERVER, 11/01/13).
Abortion Restrictions
As North Carolina regulators enter their second month of making new rules that could affect access to abortion,
those on both sides of the abortion debate are closely watching as an abortion law in Texas make its way
through the federal courts. On Monday, a federal judge in Texas issued a ruling that warns against making rules
too restrictive. On Thursday, a three judge panel of the 5th Circuit Court of Appeals in New Orleans reversed
him, allowing the new law to take effect while the lawsuit continues. The decision means at least 12 Texas
abortion clinics won't be able to perform the procedure. North Carolina's General Assembly in July attempted to
pass stricter regulations similar to the Texas law. At the time, the state had 16 abortion -providing clinics; only
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one met the proposed standards. The others would have had to modify their operations or stop providing
abortions.
After Gov. Pat McCrory threatened to veto the bill, it was scaled back. The law that he signed in late July orders
the Department of Health and Human Services to draw up new abortion safety regulations "while not unduly
restricting access." The rule -making process started Oct. 1, and a progress report is due Jan. 1. "The regulators
in the Division of Health Service Regulation have begun reviewing the current regulations," spokesman Ricky
Diaz said in an email. "The drafting of the revised rules has not yet begun."
The regulators may want to take note of the Texas case, said Scott Gaylord, a constitutional law expert at Elon
University School of Law. Although decisions in the 5th Circuit aren't binding here, where the 4th Circuit Court
of Appeals presides, decisions made in other jurisdictions may still carry weight, he said. North Carolina's law
says its new regulations can require abortion clinics to meet any of the requirements imposed on ambulatory
surgical centers. North Carolina advocates are waiting to see what rules are created here and whether the Texas
case has an effect in North Carolina. "We do look favorably upon the Texas legislation," said John Rustin on
Wednesday. He is president of the N.C. Family Policy Council, a socially conservative organization that
opposes abortion. But because the Texas case is still developing, and Rustin doesn't know how far along North
Carolina's rule -making has progressed or what the rules will say, he said it's too early to know whether the
Texas decisions will have any bearing here.(THE FAYETTEVILLE OBSERVER, 10/31/13).
Airport Security
Four members of Congress will visit Duke University on Wednesday to examine research on airport security.
Rep. Richard Hudson of Concord, chairman of the House Transportation Security Subcommittee, will visit
Duke's Fitzpatrick Center. He will be joined by Reps. George Holding and David Price of North Carolina and
Rep. Sheila Jackson Lee of Texas. They will look at research being conducted to advance passenger screening
technology. Duke ranks among the top universities in research grants from the Department of Homeland
Security. The university's research has focused on screening. The group will meet with President Richard
Brodhead and then tour the lab.(Dome, THE NEWS & OBSERVER, 10/31/13).
Medicaid Fraud
A Raleigh woman was sentenced to nearly two years behind bars and ordered to pay back nearly a half -million
dollars after pleading guilty this week to stealing from North Carolina's Medicaid program. Gloria J. Sawyer,
54, pleaded guilty Monday to five felony counts of obtaining property by false pretenses, Noelle Talley, a
spokeswoman with the N.C. State Attorney General's Office, said Thursday. Wake County Superior Court
Judge Donald W. Stephens sentenced Sawyer to 16 months to 20 months in prison and ordered her to repay the
money to the Medicaid program. Sawyer operated a business called I Believe In Miracles, which provided case
management services for people infected with HIV. Nearly 11 months ago, the N.C. State Bureau of
Investigation accused Sawyer of collecting more than $480,000 in fees that she falsely billed to
Medicaid. (Thomasi McDonald, THE NEWS & OBSERVER, 10/31/13).
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