INTERVIEW REGULATORY REFORM OPINION & COMMENTARY
Chief Justice Mark Martin talks Craft breweries make High Point “Raise the Age” with Kari Travis constitutional swinging at challenge to beer wild pitches distribution in misguided laws stadium plan
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A MONTHLY JOURNAL OF NEWS, ANALYSIS, AND OPINION FROM THE JOHN LOCKE FOUNDATION VOL. 26 • NO. 6 JUNE 2017 STATEWIDE EDITION CAROLINAJOURNAL CAROLINAJOURNAL.COM
Residents worry about solar’s environmental impact SOLAR ENERGY N.C. State General Assembly attempts to require soil scientist commercial solar says solar plants to clean up plants may spent panels threaten farm ecosystem
BY DAN WAY
DAN WAY r. Ron Heiniger isn’t ASSOCIATE EDITOR afraid to get his hands dirty. He has spent years as a crop and soil sci- ulie Morgan saw the envi- Dentist helping hard-pressed ronmental hazard in her farmers to get maximum Moore County hometown yield and quality from their Jby yesteryear’s textile mill crops. The N.C. State Coop- technology, and she saw erative Extension Service the industrial materials that professor says it’s his calling supported it. in life. She hopes the contami- These days Heiniger, who nated remnants of the crum- works at the Vernon G. James bled Robbins Silk Mill lead to Research and Extension Cen- preventive studies on what ter in Plymouth, worries that advocates hail as an industry solar installations gobbling of tomorrow — the solar in- up prime farmland could stallation boom. do more to destabilize and North Carolina now ranks WAY DAN BY PHOTO CJ diminish the agricultural The former Robbins textile mill where U.S. Sen. John Edwards worked as a teenager is now an asbestos-laden brownfield. Town behind only California for in- ocials want to put new solar installations there, but residents wonder if those plants will cause environmental problems, too. economy of North Carolina stalled solar electric capacity. than any naturally occurring Like others, Morgan wor- threat that he deals with. ries whether sufficient re- you want to with it,” Morgan “What is your decommis- Asbestos and chemicals tection Agency grants. “We really don’t recog- search has been done on said. “But I think you have to sioning plan? If this company contaminate the mounds of State Rep. Chris Millis, nize how fragile our agricul- possible harmful materials, be mindful of what its long- bellies up, who is responsible debris from what was once R-Pender, and Rep. Jim- ture system is. Today it’s un- substances, and impacts — term effect is going to be.” financially?” she said. a sprawling industrial plant my Dixon, R-Duplin, share der stress,” mostly from low known or yet to be learned Morgan has opposed two Morgan doesn’t want to built in 1924. Other haz- Morgan’s concerns over the prices, and to some degree — on the land and water. She Cypress Creek Renewables see the town suffer a similar ardous materials might be dearth of research about po- due to young people aban- decries the lack of state regu- solar plants — one already blow as when the iconic tex- present inside the security tential hazards from solar doning the farming life of lations to govern decommis- built just outside of Robbins’ tile mill, where former U.S. fence as well. The site is now installations coating 37,000 their fathers, Heiniger said. sioning of the facilities and town limits, and another ap- Sen. John Edwards worked as the subject of a brownfields acres of North Carolina. Utility-scale solar energy the safe disposal of the solar proved in its extraterritorial a high school student — and cleanup by crews in dou- Dixon introduced House facilities are increasing the panels after they wear out. jurisdiction district in Jan- later announced his run for ble-lined protective suits. Bill 319 authorizing a state pressure on farming by tak- “I’m not a tree hugger. uary — on environmental the presidency — burned to Their contract is paid with continued PAGE 12 continued PAGE 13 It’s your land. You do what safeguard grounds. the ground in 2008. federal Environmental Pro-
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AT LEAST HE General Assembly overrides Cooper’s veto of hog-waste bill DIDN’T SAY … REP. DAVID LEWIS THE STATE SENATE , R-Harnett, voted 30-18 added some extra levity to the on May 11 to override Gov. Roy General Assembly’s May 3 joint Cooper’s veto of House Bill 467, session congratulating the UNC killing a measure to limit damag- men’s basketball team, winners of es property owners can receive this year’s NCAA championship. if they win nuisance lawsuits During celebratory discussion against nearby hog farms or other EDITORINCHIEF of the joint resolution acknowl- agricultural or forestry operations. Rick Henderson edging the team ewis filed an The previous day, the House voted @deregulator amendment requiring under- 74-40 to override. classmen Theo Pinson and Tony The bill passed in April. It MANAGING EDITOR Bradley to remain in school for capped the amount of compensa- John Trump another year and not enter the tory damages in those lawsuits @jtrump21 NBA draft. (Pinson later removed at the fair market value of the EXECUTIVE EDITOR his name from NBA consider- property harmed by the nuisance. Don Carrington ation.) The original measure would have [email protected] Channeling the folksy style of allowed that cap to apply in a head coach Roy Williams, to peals current lawsuit involving several ASSOCIATE EDITORS of laughter ewis rose to offer hundred laintiffs suing a subsidi- Mitch Kokai a “dadgum amendment” to the ary of mithfield oods the world s AT THE TROUGH. Bill caps future lawsuits. @mitchkokai resolution. largest pork producer, and several Lindsay Marchello House Speaker Tim Moore, other farmers. @LynnMarch007 R-Cleveland, declared the amend- After a contentious debate affect ro erty owners who li ed in his veto message. Kari Travis ment out of order. on the ouse oor the bill was near hog farms, along with the “Special protection for one @karilynntravis ortunately for those attend- amended so that it would apply narrow focus of the bill, which industry opens the door to weak- Dan Way ing the session, Lewis didn’t de- only to future lawsuits and not the limits damages farmers but not ening our nuisance laws in other @danway_carolina scribe his amendment with some mithfield matter. other business operators must pay areas which can allow real harm of the more colorful language Several House members wor- in some tort lawsuits. to homeowners, the environment, DESIGNER Coach Williams is known to use. ried about the way the cap would Cooper echoed those concerns and everyday North Carolinians.” Greg de Deugd [email protected] PUBLISHED BY Supreme Court arms ruling throwing out N.C. congressional districts, splits on details The John Locke Foundation 200 W. Morgan St., # 200 Raleigh, N.C. 27601 he U.S. Supreme Court has “A precedent of this Court (919) 828-3876 • Fax: 821-5117 affirmed a lower court ruling should not be treated like a dispos- www.JohnLocke.org throwing out congressional able household item—say, a paper district maps North Carolina used plate or napkin— to be used once Kory Swanson for the 2012 and 2014 elections. and then tossed in the trash,” Alito President & Publisher T The lower court cited racial gerry- writes. “But that is what the Court John Hood mandering. Justices split, 5-3, on does today in its decision regard- Chairman whether the ruling should apply ing North Carolina’s 12th Congres- to both of the state’s majority-mi- sional District: The Court junks a Bill Graham, John M. Hood nority congressional districts. rule adopted in a prior, remarkably Ted Hicks, Christine Mele New Justice Neil Gorsuch took similar challenge to this very same Brad Muller, Paul Slobodian no part in the case. congressional district.” David Stover, J.M Bryan Taylor The ruling does not impact “The alternative-map require- Edwin Thomas the 2016 elections. North Carolina ment deserves better,” Alito add- Board of Directors conducted those elections under ed. “It is a logical response to the new maps drawn to comply with difficult roblem of distinguishing Carolina Journal is a monthly journal the original ebruary ruling between racial and political mo- of news, analysis, and commentary from a three-judge panel. The 2016 SUPREME COURT. Justice Elena Kagan writes majority opinion tivations when race and political on state and local government and public policy issues in North Carolina. maps face their own legal chal- party preference closely correlate.” lenge. ederal judges are sched- also rejected the legislators’ argu- Justice Clarence Thomas joined Even without an alternative ©2017 by The John Locke Foundation uled to hear arguments in that ment that the 12th District’s de- in the majority opinion and wrote map, Alito and the other two dis- Inc. All opinions expressed in bylined articles are those of the authors and challenge. sign was based on political, rather a separate concurrence. Thomas senters disagreed with their col- do not necessarily reflect the views At issue in Cooper v. Harris, the than racial, factors. noted that, in his view, Kagan’s leagues about the 12th District. of the editors of CJ or the sta and case before the Supreme Court, “Applying a clear error stan- opinion corrected a prior mistake in he tate offered strong and board of the John Locke Foundation. Material published herein may be re- was whether the 1st and 12th dard, we uphold the District Court’s redistricting cases. coherent evidence that politics, printed as long as appropriate credit congressional Districts violated a conclusions that racial consider- Justices Samuel Alito and An- not race, was the legislature’s pre- is given. Submissions and letters are constitutional prohibition against ations predominated in designing thony Kennedy joined Chief Justice dominant aim, and the evidence welcome and should be directed to the editor. racial gerrymandering. A three- both District 1 and District 12,” Ka- John Roberts in supporting part of supporting the District Court’s con- judge anel had ruled in ebruary gan writes. or istrict that is the majority ruling and opposing trary finding is wea and manifest- To subscribe, call 919-828-3876. 2016 that both districts failed to all we must do, because North Car- part. Alito’s dissent explained why ly inadequate in light of the high Readers also can request Carolina Journal Weekly Report, delivered meet the constitutional standard. olina has made no attempt to justi- the three judges disagreed with evidentiary standard that our cas- each weekend by e-mail, or visit The majority opinion, written fy race-based districting there.” their colleagues on the argument es require challengers to meet in or- CarolinaJournal.com for news, links, by Justice Elena Kagan, agreed or istrict we further u - surrounding the 12th District. der to prove racial predominance.” and exclusive content updated each weekday. Those interested in educa- with the lower court. Kagan writes hold the District Court’s decision ecifically they chided their col- The latest ruling says nothing tion, economics, higher education, that N.C. legislators misinterpreted that [Section] 2 of the [Voting leagues for ignoring a previous about North Carolina’s legislative health care or local government also Supreme Court precedent in de- Rights Act] gave North Carolina no precedent that seemed to require districts, which also have been sub- can ask to receive weekly e-letters covering these issues. signing districts with a majority good reason to reshu e oters be- opponents of a redistricting plan to jected to a court challenge that has of African-American voters. Kagan cause of their race,” Kagan added. present an “alternative” map. reached the nation’s highest court. CAROLINA JOURNAL // JUNE 2017 3 STATE GOVERNMENT House will modify Senate’s education budget, Horn says
BY KARI TRAVIS BY THE NUMBERS
ome education items in the $52 million Senate budget will remain, Current budget plan for House leaders say. Deprtment of Public Instruction But some will go.
SRep. Craig Horn, R-Union, chair- ▲ $4.6 million man of the House Committee on Funding allocated for N.C. K-12 Education, told Carolina Jour- Teaching Fellows Program nal the changes are imminent. ▼ Teacher pay gets top billing. The $13.2 million Sen te’s proposed cuts Senate budget provides an average to Deprtment of Public 3.7 percent pay raise for teachers in Instruction 2017-18. Starting salaries for new teachers would remain at $35,000 ▼ $513,000 a year, and early- to mid-career Senate’s proposed cuts to State teachers would see raises from 1.7 Board of Education percent to 8.5 percent. Teachers with more than 25 years’ experience would see no trim costs by as much as 25 percent, change, and that’s a problem, Horn Horn said. said. The Senate did tell DPI where “The concern that I have is not to cut, however. “Reductions that we continue to ut off dealing shall not come from residential with our more experienced teach- schools, community in schools.” ers,” Horn said. “That creates some Teach for America, the Excel- challenges for us as a legislature in lent Public Schools Act, School conveying the message that teach- Connectivity Program, Achieve- ers are important, and that we val- ment School District, and positions
ue experienced teachers, because TRAVIS KARI BY PHOTO CJ appointed by and directly reporting we’ve come to understand how RECRUITING TEACHERS. Rep. Craig Horn, R-Union, at a March press conference to announce the filing of a bill to to the state superintendent also important mentor teachers are to enact the North Carolina Teaching Fellows Program, a plan to help draw teachers to low-income and rural schools. were declared off limits for budget the young people coming into the cuts. profession.” “As I look through the legisla- Horn said classroom perfor- accountability in early childhood State board Vice Chair Buddy budgetary impact on the services tion that’s been passed this year, mance is the best measure for pay education. Collins told CJ the Senate was dis- provided by the state of North Caro- we’re asking for more information, raises. Preschools are failing children ingenuous in its appropriation of lina to students and teachers.” more reports, more teaching, more “Teacher pay, like all pay, should across the state, said Horn, who funds. The Senate’s budget allocated professional development,” Horn be very much tied to outcomes. would like to fund a new position in “At the same time you’re asking $300,000 to pay for Johnson’s legal said. “We’re asking DPI to do more. What are we getting for what we’re the Department of Public Instruc- the state board to cut the [Depart- fees. So I’ll be anxious to hear from the paying?” tion: assistant superintendent of ment of Public Instruction], you’re “While we wait for the courts Senate what it is they don’t want Horn praised the Senate’s ap- early childhood education. adding staff to the su erintendent ” to decide if House Bill 17 is consti- DPI to do so that they don’t spend proach to teacher recruitment, hat official would o ersee he said. tutional, the Senate budget — like that money.” a major concern for the state’s training for early childhood teach- The Senate’s move is a power Thor, the god of thunder in Norse On May 12, State Board Chair- low-income and rural schools. ers and be held ac- play spurred by re- mythology — dropped the hammer man Bill Cobey told NC Policy The budget locks down $4.6 countable for how cent tensions be- on the State Board of Education,” Watch a “25 percent cut, which I million to fund Senate Bill 252, the those teachers per- tween the General Stoops said. can’t believe will be the result of orth arolina eaching ellows form. Teacher pay, Assembly and the The Senate plan cut other items this process, would cut into very es- Program. “We … need to state board, said in the state board’s budget. sential services for particularly the Horn, a primary sponsor of the pursue early edu- like all pay, Terry Stoops, vice “While the budget proposal rural and poor counties.” House version of that legislation, cation and particu- should be very president of re- eliminates key positions in the Cobey said “[Johnson] should be said the program will encourage larly improve how much tied to search and educa- state board s office other ro i- very concerned, too. Because he’s up-and-coming teachers in science, it is melded into the tion studies at the sions are notable,” Stoops said. the guy that manages the agency.” technology, engineering, math, K-12 environment,” outcomes. What ohn oc e oun- or e am le the enate budget in- Cobey was traveling and un- and special education to remain in he said. “So what are we getting dation. cludes provisions that would limit available for comment to CJ at press North Carolina’s public schools. does that mean? I for what we’re Earlier this per diem and expenses of members time. The program would award el- think we need to year, the General of the board. The budget would also The state board now looks to igible students forgivable college train our early ed- paying? Assembly passed prohibit the state board from using the House to scale back the Sen- loans of up to $8,250 annually for ucators better, and House Bill 17, state funds to employ private coun- ate’s proposed funding cuts. - Rep. Craig Horn four years. we need to be tak- which stripped the sel in litigation.” “I’m optimistic that the House It’s an important investment in ing action that re- board of some of Stoops added, “I would not be understands the functions of the long-term teacher recruitment and sults in a better use its administrative surprised to see the House budget Department of Public Instruction maintenance, Horn said. of the continuum of education.” powers and gave them to Johnson. include some of the same cuts to and the consequences that this “I don’t want the teaching pro- Other portions of the budget are Board members sued the state the state board budget. After all, may entail,” Collins said. “I’m hope- fession to be a short-term gig,” he more controversial. over the law’s constitutionality. both chambers have been sympa- ful that the House and the Senate added. “That’s not in the best in- Senate leaders slashed DPI’s That lawsuit is ongoing. thetic to Superintendent Johnson.” can get together, and Horn will take terest of the students. The teaching budget by 25 percent, cutting $13.2 “We believe that we have a legit- The Senate’s budget provides the lead on what’s important, and profession is, in fact, a profession. million from the department’s more imate challenge on a constitutional “a sad commentary on the current that everyone will have a common That means long-term. … People than $52 million plan. The propos- issue that needs to be resolved, and condition of what’s going on be- idea of what it is the department want to know that they have a fu- al cuts $513,000, the equivalent of it’s nothing personal,” Collins said. tween the board and the superin- should be doing.” ture. That if they do well, they can four staff ositions from the bud- “We’re saying there’s a dispute. tendent,” Horn said. House committees have been continue to improve their economic get of the State Board of Education. There’s a dispute between what But, he said, the planned cuts to working on the budget and planned status and raise a family and buy a In contrast, State Superinten- the legislature thinks and what DPI’s budget are controversial and to wrap up their work by the Memo- home and all that.” dent Mark Johnson received an al- we think the constitution requires. confusing. rial Day weekend. The budget was The House also may spend lotment of $433,000 to fund up to And of course, that shouldn’t carry Senate leaders gave the depart- scheduled for a vote of the full body more to support accessibility and fi e ositions in his office. over to the kind of policy impact or ment no guidance about how to the week of May 29. 4 CAROLINA JOURNAL // JUNE 2017 CRIMINAL JUSTICE N.C. closer to joining all other states in ‘raising the age’
Measure removing If 16- and-17-year-olds are old enough to drive, they’re old enough nonviolent 16- to know that they shouldn’t break the law, said Rep. Larry Pittman, and 17-year-old abarrus. offenders from “I came to protect citizens and their rights. I don’t believe we can adult system must do that by going soft on crime,” he said. be reconciled with Juveniles convicted of any vi- olent crime, Class A-E felonies, Senate plan would be punished as adults. So would those who commit motor ve- hicle infractions. BY KARI TRAVIS e . eff ollins ran lin said some felonies are too i- orth Carolina is one step olent to be included, and the bill closer toward raising the should cover only misdemeanors, age for ju enile offenders. such as jaywal ing or ran s.” House Bill 280, Juvenile Jus- “Only 3.3 percent of 16- and- Ntice Reinvestment Act, on May 17 17-year-olds are convicted of vi- passed the state House in a sweep- olent felonies,” said Rep. Duane ing ote. Hall, D-Wake. “It’s a small percent- The bill would move 16- and-17- age, and this bill does not include year old non iolent offenders out those.” of adult court and place them under Charging juveniles as adults the ju enile justice system effec- doesn’t mean they’ll get the appro- tive December 2019. North Carolina priate level of “retribution and inca- is the only state that hasn’t raised pacitation”, said Jon Guze, director its ju enile age limit to or . of legal studies at the John Locke North Carolina is the only state oundation. t times doing so can where the default age of juvenile e en result in a lighter unishment. jurisdiction remains at 16. “Very few adults who are con- Cost is a main reason for law- victed of such crimes are sent to ma ers hesitation. prison; instead, the majority are Raising the age would cost sentenced to some sort of interme- roughly $25 million during 2017-18 diate punishment like supervised and $44 million annually beginning drug treatment or house arrest — in 2020. or to some form of community pun- North Carolina’s juvenile jus- ishment — like community service TRAVIS KARI BY PHOTO CJ OVERWHELMING SUPPORT. Rep. Chuck McGrady, R-Henderson, the lead sponsor of House Bill 280, discusses the ‘raise tice system has saved the state or unsupervised probation,” Guze the age’ measure May 17 on the House floor. more than $40 million in recurring said. funds since 2008, bill sponsors Guze said the punishments are said. System reforms and dropping similar for these offenses in the delinquency rates have led to the adult and juvenile systems. “In Age of Juvenile Court Jurisdiction by State savings. the juvenile system, however, they he state can afford to ma e would be forced to participate in ed- the investment, said Rep. Chuck ucation and counselling programs McGrady, R-Henderson, the bill’s that have been repeatedly shown rimary s onsor. to be effecti e at rehabilitating ju- Kids charged in juvenile court enile offenders and hel ing them are offered state ro ided counsel- become productive citizens.” ing and rehabilitation. Parents or Several lawmakers say H.B. 280 guardians are also required to join is a wor in rogress. in the rocess. he legislature s fiscal analysis When teens are charged in adult has overstated some of the cost court, parents are removed from the projections, said William Lassiter, rocess. deputy commissioner in the N.C. Reform is costly up front, but it e artment of ublic afety. will help reduce recidivism among State researchers have estimat- young adults, saving the state ed the department will need $10.8 money in the long run, McGrady million to build a 96-bed detention said. center. It’s also the right thing to do, he There aren’t enough sentenced said. ids to fill that s ace assiter said. “By saddling our youth with The department has said it could their youthful mistakes, we limit work with 60 beds and add more these youths’ potential for educa- later if needed. tional and [vocational] success,” he The Senate has adopted a sim- said. ilar raise-the-age provision in its While the vote was overwhelm- budget proposal. But that measure ingly in favor of H.B. 280, a handful did not include any funding. Unlike Upper Age: 17 Upper Age: 16 Upper Age: 15 of members worried the bill would H.B. 280, the Senate version did not SOURCE N ton l Conference of St te Lesl tures let ju eniles off the hoo for more include 16- and-17-year-olds con- serious crimes. victed of nonviolent felonies. CAROLINA JOURNAL // JUNE 2017 5 HEALTH CARE Senate budget gives certificate of need the (eventual) ax
BY DAN WAY Health Plan to pay a quarter-billion have better access to health-care ealing certificate of need in orth dollars more per year than neces- services than states without CON Carolina. ne item in the Senate’s $22.9 Research shows sary. In a medical journal article, he laws. North Carolina has nearly While hospitals complain they billion spending plan isn’t states with CON laws wrote that costs are higher for State twice as many hospitals and 40 per- do not operate in a free market, budgeted to cost the state a Health Plan members because the cent more edicare certified am- making it harder for new providers penny, with advocates arguing it have higher death lack of ambulatory surgery centers bulatory surgery centers per 1,000 to enter the market is no answer, Owill reduce government bureaucra- rates than those forces the plan to pay more than square miles. Mitchell said. cy and improve access to medical without them. needed for routine operations in The hospital association argues “It’s one of the most well-ac- services. hospitals rather than outpatient in its release that 40 percent of the cepted principles in economics that Indeed, the former head of the facilities. state’s hospitals are in rural com- a supply restriction raises prices,” state medical society has estimat- ers — neither too many nor too few. Research also shows states with munities with high numbers of un- he said, whether it’s limiting a town ed that shift — the gradual repeal of Physician practices that want to CON laws have higher death rates insured and underinsured patients. to one pizza shop or one physician certificate of need laws for medical purchase new high-end equipment than those without them. They depend on services such as who can perform coronary bypass providers — would save taxpayers or open standalone health-care fa- The hospital association is the out atient surgery to offset losses surgery. If regulations already lim- $250 million annually in payments cilities (such as outpatient surgery most vocal CON supporter. It re- in emergency departments and be- it the healthcare market, adding to the State Health Plan for public centers) must receive permission cently formed a political organiza- havioral health care. other distortions such as CON laws employees. from state bureaucracies. Existing tion whose mission, in part, is to Removing CON protection could worsens the problem. But the state’s powerful hospi- hospitals and other providers get raise money and back legislative put an estimated 2,300 rural jobs After reviewing four decades of tal lobby says it would be harmed ample opportunity and clout to op- candidates who favor maintaining at risk in those communities and research, Mitchell said he has found by that change and has launched a pose potential competition. CON laws. reduce health care options, the re- no evidence CON reduces spending. cam aign to ee it out of the final Eliminating the CON provi- The association says repeal- lease said. Nor does he believe it reduces pric- budget. Senate Bill 257, the budget sions will add financial instabili- ing CON laws neither would re- Critics of CON laws say the es per unit of service. bill, immediately exempts several ty to hospitals and health systems duce costs nor increase access to complaints from the hospital asso- And while hospitals consistent- medical services from CON laws. across our state already challenged care. It cited research by Ascend- ciation don’t track the experience ly claim rural hospitals would be Those include ambulatory surgery by uncertainty in today’s health- ient Healthcare Advisors claim- of other states that have gotten rid devastated by CON repeal, Mitchell centers, along with outpatient gas- care environment,” the North Car- ing North Carolina’s net price per of the restrictions. said rural residents would gain by trointestinal endoscopies and some olina Hospital Association said in a inpatient discharge is 15 percent e re not ying blind here. having ambulatory surgery cen- outpatient eye surgeries. The re- news release. lower than the average of all states There are 15 states that have re- ters nearby, more choices driven by maining CON requirements would But orthopedist Dr. Richard without the law, and provider cost pealed CON,” said Matt Mitchell, competition, and greater access to be phased out fully by 2025. Bruch, former president of the N.C. per outpatient service is nearly 20 senior research fellow at the Merca- care. They’re being harmed now be- The idea behind CON laws is Medical Society, has said the CON percent lower. tus Center at George Mason Univer- cause CON restrictions force them to ensure that the state offers the laws force members of North Car- The hospital association says sity. Results in those states can be to travel longer distances to get “right” number of medical provid- olina s financially embattled tate North Carolina residents already used to test arguments against re- treatment.
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BY DON CARRINGTON al site south of Greensboro in Ran- dolph County designed to attract ormer Wilmington-area the- an automotive plant. Along with ater owner inley owell too PTP, the project involves Randolph his own life on April 22 at a County, the City of Greensboro, and Kure Beach house owned by his the state-owned North Carolina father. Railroad. He was 52 and left behind a wife Powell became the CEO of PTP, and three children. a 12-county economic develop- The day he died, the Greensboro ment organization, in August 2010. News & Record published a story owell s salary and benefits in that Powell was living a double life. were according to a orm rom he was an eco- federal ta return filing. nomic develop- According to ment official in the the N&R, Powell Triad, known then first too money by his given name, He was awaiting from PTP in Octo- David Powell, and trial on charges ber 2011. Initially, he was awaiting of allegedly he issued checks trial on charges of totaling $128,671 allegedly embez- embezzling more to numerous busi- zling more than than $200,000 ness entities but $200,000 from the from the deposited the Piedmont Triad checks in his per- Piedmont Triad CARRINGTON DON BY PHOTO CJ Partnership he sonal account. In THEATER OPERATOR. Former Triad economic developer David Powell operated The Throne Theater, but his father once headed. It’s Partnership 2013, he allegedly owned it. Powell, who called himself “Finley” and claimed to be a music promoter from Ohio, was charged with em- possible he took spent $68,000 on bezzling money from a Triad economic development partnership. much more money landscaping ser- from the partner- vices for his home shi but officials ha e closed the and $41,000 on a boat with another attorney filed charges against death, the criminal case is over. His documented Powell’s new life in a criminal case against him, and the $110,214 he took from PTP. Powell for embezzlement totaling office won t disclose a final re ort. story titled ost and found or- partnership has refused to disclose Powell resigned from the part- $240,000. His court date was post- ut officials are free to re- mer exec David Powell, charged any financial information about the nership unexpectedly in January poned multiple times. lease information if they choose,” with embezzlement in Greensboro, matter to Carolina Journal. . n ril officials The full extent of Powell’s al- he said. resurfaces in Wilmington.” In 2011, Powell became the notified the reensboro olice e- leged embezzlement isn’t clear. officials said they will not “My fellow reporters and I were point man for the development of artment about financial irregular- Chief Assistant Guilford County disclose details of Powell’s alleged heartbroken by his suicide. I think the 1,500-acre Greensboro-Ran- ities involving Powell. In January District Attorney Howard Neu- embezzlement. continued NEXT PAGE dolph Megasite project, an industri- 2016, the Guilford County district mann told CJ that with Powell’s N&R reporter Richard Barron
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He wouldn’t say why,” Barron said. Barron and an N&R photogra- David Powell’s death sent a shock- pher traveled to Wilmington in late wave through our newsroom like arch to get a a or of owell s nothing I’ve seen in a long time,” environment. By then, he had been Barron told CJ. unsuccessful in contacting David or The N&R reported that some- Orville Powell. time in 2016, Powell moved in with Eventually Brezenski came his parents at their home in Kure around and gave Barron theater Beach, just south of Wilmington. contracts that David Powell had Powell’s life then revolved around signed as inley something r- The Throne Theater, a downtown ille had said that inley wasn t nightclub purchased in July by allowed to do. his father, Orville. David Powell he day after aster fi e days used the name inley owell and before David Powell killed himself, told people he was an Ohio-based Orville called Barron. events promoter and marketer who “Orville Powell explained the had owned a house in Kure Beach structure, admitted he had signed for many years. inley owell low- for the theater and borrowed the ered his rofile in the ilmington money to buy it. But he said he never area after Orville sold The Throne authorized his son to sign any doc- Theater in late 2016. uments or act as the owner of the The Kure Beach police report theater — which David Powell had states the de artment was notified clearly done as inley ” arron said. at 1:03 p.m. April 22 that Powell was With the materials Brezenski found dead at his parents’ home. provided and the phone conversa- “A half-hour after my story pub- tion with Orville Powell, the N&R CJ PHOTO BY DON CARRINGTON DON BY PHOTO CJ lished online at 8 p.m. I started get- SUICIDE. The Kure Beach home owned by Orville Powell, where his son David assumed a new identity and, on April was ready to report the story. ting calls about his death.” 22, killed himself. David Powell was awaiting trial for allegedly embezzling more than $200,000 from the Triad eco- CJ asked PTP if the organization Barron reached Powell’s lawyer, nomic development partnership involved with the Greensboro-Randolph megasite. planned to issue a report on the ex- oc e lifford who confirmed the tent of Powell’s activities, including suicide. the source of the funds he allegedly “I drove in to write his obitu- recognized Powell when they met. fascinated about the economic de- scene, with a charming style, tales embezzled and if any of the money ary on unday re ecting that his Pendleton had family connections velopment leader who had moved of past success, and a grand vision was recovered. On May 17, PTP said death was a stunning conclusion in Greensboro and regularly read in circles that included CEOs, uni- for his new venture. it would not. to one of the most ba ing stories the N&R’s website. Barron said versity presidents, and other major “But the most interesting of the “We have taken the investiga- about a top businessman that I’ve Pendleton began passing him leads local figures ” he said. people I interviewed declined to tion seriously, cooperating fully covered in 30 years of business about Powell’s new life — and his Powell gained notoriety in the go on the record and, because we with law enforcement as this mat- news,” Barron said. effort to hide his re ious life in Triad because of his leading role in don t ublish off the record sourc- ter moved through the legal pro- ‘Lost and found’ background Greensboro. the megasite project. Barron has re- es, I was still struggling. By the cess. During the investigation, we Barron began making calls ported on the project for the N&R. time we began work on the story, maintained focus on bringing jobs about Powell in late March this CJ ublished se eral stories o er the Powell had washed his hands of and investment to the Triad. The arron said he first learned of year. Barron and his editor thought past year about the project. the theater and sold it to a Carolina investigation has ended. Under concerns about Powell from Dustin there would be great interest about Pendleton put Barron in touch Beach cardiologist named Damian the circumstances, it is not appro- Pendleton, a Wilmington real es- a once-prominent local business- with former employees of The Brezenski,” he said. priate for PTP to comment further tate agent. endleton said his fi- man. “The charges against Powell Throne Theater. Barron said he n my first call to re ens i or answer questions about legal ancee’s father became friends with and his resignation were already learned Powell had become a prom- however, he said he would ‘love’ matters,” the organization▇ ▇ said in a inley” owell and immediately big news here as people became inent man in the Wilmington club to talk to me but that his lawyers statement to CJ. Free Choice for Workers: If you know high A History of the Right to Work Movement school students considering college...
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North Carolina’s craft brewers — some 200 of them — are thriving, but they’ve taken a long, difficult, and circuitous route to credibility and prosperity.
BY JOHN TRUMP
first big ste for the brewers sa e the official end of rohibition in North Carolina in 1938 — came in August 2005, when then-Gov. Mike Eas- Aley signed House Bill 392, which lifted the allowed percentage of alcohol — alcohol by volume — from 6 percent to 15 percent. North Carolina, by the way, was the first state to enact rohibition in . orth arolina didn t get its first brew ub until 1985, when Weeping Radish began selling its beer in 1986 in Manteo. Several followed, including Red Oak Brew Pub, which opened in Greensboro in 1991 and at that time was called Spring Garden Brewing. Since then, as the industry has grown, brewers ha e sought a le el laying field with the big brewers, as well as some le- niency to operate more freely in the three- tiered distribution system — brewers, wholesalers, and retailers. The brewers’ efforts become art of the raft reedom movement. ere s a uic loo at brewers efforts to exert more control over their product, s ecifically a law that effecti ely limits production to 25,000 barrels before brew- ers must, by law, procure an outside dis- TRAVIS KARI BY PHOTO CJ Scott Craddock, head brewer at Raleigh Brewing Co., works on another batch of craft beer. tributor.
1986 2011 2011
General Assembly passes bill al- In a special session the week after Red Oak Brewery owner Bill lowing craft brewers to self-dis- Thanksgiving, Carolina Journal Sherrill again speaks out about tribute up to 3,000 barrels. reported, the General Assembly the state’s 25,000-barrel limit tweaks North Carolina’s liquor laws for self-distribution. Should to allow midsize and large brewer- the cap be lifted, he told CJ, ies to oer tastings and sell their he would invest a half-million 1992 beer on site. Brewers producing dollars in eight new brew- fewer than 25,000 barrels a year ing tanks. He floats plans to Lawmakers raise barrel limit to are allowed to do so under prior develop the 12.5-acre property 10,000. rules. The law was changed as an around his Whitsett brewery to attempt to attract two midsize include a restaurant, beer hall, breweries — Sierra Nevada and New museum, and hotel. He admits Belgium — to the state. The Califor- his eorts to lobby lawmakers 2003 nia- and Colorado-based companies amounted to an uphill battle say they won’t move to North Car- and distributors will fight back CJ PHOTO BY KARI TRAVIS KARI BY PHOTO CJ Tim Kent, executive director of the N.C. Beer and Wine Wholesalers Barrel limit reaches 25,000. olina unless the state allows them hard. “They don’t want the law Association, has led the fight to maintain the cap on brewers distrib- to sample and sell their beer at the changed because we’re a hell of uting their own product. brewery sites. The strategy works. a competitor,” he says. CAROLINA JOURNAL // JUNE 2017 9 REGULATORY REFORM
Growth of North Carolina breweries over time (1986-present) The state of craft beer today... ◼ INCREASES IN BARREL LIMIT ◼◼◼ YEARS WITH SIGNIFICANT LEGISLATION AT LEAST THREE North Carolina craft brew- rels craft brewers are allowed to self-distrib- 180 eries — Red Oak, along with Olde Meck and ute each year. NoDa in Charlotte — say they are approach- he bill which at first carried much ho e 170 ing the 25,000-barrel threshold. They say and optimism for beer brewers, was drained they want to continue control over their dis- of nearly all its substance. “The parties on tribution and plan to halt growth if the law both sides of the bill got together at the di- 160 isn’t changed. rection of leadership and their own coalition sur ey of li ely oters re ared and have come together to be supportive 150 for raft reedom by trategic artners of H.B. 500, the new [proposed committee Solutions and overseen by Republican po- substitute],” said McGrady. The House vot- North Carolina now has more litical consultant aul huma er finds the ed 95-25 to approve the watered-down plan, 140 breweries than any other state more voters learn about the which heads to the Senate. south of Pennsylvania or east impact of the production cap “Politics is the art of the 130 of Texas, says American Beer on North Carolina breweries, possible, and compromise Association. support for the production cap The more voters is often a necessary part of nearly completely vanishes. the process,” McGrady said 120 learn about the Lawmakers, led by Rep. in an Alcoholic Beverage Chuck McGrady, R-Hender- impact of the Control Committee hearing. 110 son file ouse ill which production cap The state’s distributors — primarily would lift the so- on North Carolina who said the increase would called cap on brewers and al- place their own businesses 100 breweries, low them to distribute their in jeopardy — along with re- own beer from 25,000 barrels support for the ligious objectors who see al- 90 to 200,000 barrels each year. production cap cohol as morally abhorrent Under current law, brewers nearly completely — persuaded lawmakers
NUMBER OF BREWERIES 80 reaching the 25,000-bar- to eliminate the provision. rel threshold must sell ev- vanishes. The scant remains of the ery ounce of beer through a bill include provisions that 70 wholesale distributor, who authorize tastings during acts as a middle man and, brewery tours, give brewery 60 along with the retailer, is part of the three- taprooms the option to sell other alcoholic tiered distribution system. beverages, and let “farm breweries” in dry North Carolina lawmakers strip from the counties or cities sell their products on the 50 bill a provision to lift that cap on the state’s remises. arm breweries are breweries on most successful brewers and effecti ely al- agricultural land that use some of the grains 40 lows distributors to retain control of the retail or fruits grown on the property in their beer market. McGrady called parts of the current or cider. law for the state’s more than 200 brewers raft reedom he lde ec len- 30 “arcane.” But the bill won’t pass, primarily, burg Brewery LLC, and NoDa Brewing Co. because distributors won’t consent to the sue the state over distribution and franchise 20 increased limits. It also adds mostly uncon- laws, despite a last-minute attempt to com- troversial language easing the rules, for ex- promise. Craft brewers say North Carolina ample, on brewers in relation to tours and is suppressing economic growth and point 10 tastings. to two state laws, which, they say, are un- Rep. John Bradford, R-Mecklenburg, holds constitutional and nothing more than eco- 0 an 11th-hour news conference and says he nomic protectionism. The complaint seeks a ‘87‘86‘88 ‘89 ‘97‘96‘95‘94‘93‘92‘91‘90 ‘98 ‘99 ‘08‘09 ‘10‘07‘06‘05‘04‘03‘02‘01‘00 ‘11 ‘12 ‘13 ‘17‘16‘15‘14 wants to reach a compromise on House Bill permanent injunction against enforcement SOURCE North C roln Cr ft Brewers Guld 500, which was gutted of a provision that of the state’s distribution cap and franchise would have lifted the cap on the 25,000 bar- laws.
2012 2012 2012 2013 2017
Sierra Nevada of California, en- North Carolina gives New Belgium The General Assembly passes a Brewers designate April as Lawmakers, led by Rep Chuck Mc- ticed by a $1.25 million tax-funded of Colorado $1 million to open compromise beer distributorship Craft Beer Month in North Grady, R-Henderson, file House Bill grant, announces the opening a brewery in Asheville. Both are agreement changing the state’s Carolina. More breweries 500, which primarily would lift the of an East Coast brewery in Mills grants from the One N.C. Fund, decades-old beer franchise law. and brewpubs began pop- so-called cap on brewers and allow River, near Asheville. and both come under the adminis- While the bill still makes more ping up around the state. them to distribute their own beer tration of then-Gov. Bev Perdue. than two dozen changes to the from 25,000 barrels to 200,000 bar- beer franchise law, brewers have rels each year. Under current law, flexibility in promotional activity brewers reaching the 25,000-barrel for their products and flexibility threshold must sell every ounce of in choosing a distributor if there is beer through a wholesale distribu- a change in the distributor’s own- tor, who acts as a middle man and, ership. Red Oak’s Sherrill said the along with the retailer, is part of the law should have allowed breweries three-tiered distribution system. The to distribute how they want. “It proposed barrel increase is ultimate- didn’t do anything for us,” Sherrill ly stripped from the bill. said of the bill, calling the distribu- torship system a “state-sanctioned ☛ READ MORE in sidebar monopoly.” “The state of craft beer today” 10 CAROLINA JOURNAL // JUNE 2017 REGULATORY REFORM Craft breweries make constitutional challenge to beer distribution laws
BY JOHN TRUMP ship will not permit a change in the distribution rights.” raft brewers say North The law allows termi- Carolina is suppressing nation based on a “good economic growth and cause” requirement, but, ha e filed a com laint saying the complaint says, the bur- Cthat two state laws are un- den falls on the brewery to constitutional and nothing show a distributor breached more than economic protec- an agreement that was tionism. “reasonable, material, not he com laint filed ay unconscionable, and ‘not 15 in Wake County Superi- discriminatory when com- or Court, seeks a permanent pared with the provisions injunction against enforce- imposed, by their terms or in ment of the state’s distribu- the manner of enforcement, tion cap and franchise laws. on other similarly situated’ It says the distribution cap distributors.” and franchise laws are in- “As a practical matter,” icting injury and threaten to the complaint says, “meet- impose additional damage to ing this standard becomes the brewers. impossible.” The complaint says the urther if a brewery e - “arbitrary” distribution cap ceeds the cap but later falls punishes craft breweries for below it, it can self-distrib- their own success by forcing ute again only if it agrees them to relinquish distribu- to buy back the distribution tion rights if they sell more rights. than 25,000 barrels each year. As for the N.C. Consti- The franchise law results in tution, the complaint cites “oppressive, one-sided con- several violations, includ- tracts with distributors that ing aspects of the exclusive literally last forever.” emoluments clause, the raft reedom he TRAVIS KARI BY PHOTO CJ taking of private property, CRAFT FREEDOM. Raleigh Brewing Company, a leader toward freeing the craft beer industry from regulations, held an event April Olde Mecklenburg Brew- substantive due process, and 19 to raise awareness about the legislation that would aid the industry’s growth. ery LLC, and NoDa Brewing fruits of their labor clause, o. are named as laintiffs which guarantees residents against the state. Raleigh at- “the enjoyment of the fruits torney and former state Su- force that system and truly “As a result, the old laws complaint, North Carolina is take “control over all aspects of their own labor.” preme Court Justice Bob Orr define distributors as the that were intended to pro- charting new legal territory. of sales, marketing, delivery, “So,” said Orr, “even is re resenting the laintiffs. middle men. mote competition and ben- “As we note in the com- distribution, quality control though there hasn’t been a It wasn’t known imme- “As is typical for middle efit consumers now actu- plaint, the craft brewery during transportation, and brewery or alcohol-related diately who would represent men whose role is not mar- ally suppress com etition industry is really relatively e en ricing.” challenge like this, I think the state. ket-driven, the distributors’ and harm con- new as a “Without self-distribu- the constitutional principles he state ouse ot- rofit margin has always sumers,” the type of in- tion, there is a tremendous are longstanding. There’s ed 95-25 on April 26 to been, and continues to be, complaint dustry here disincentive for entrepre- certainly established prece- approve House Bill 500, a enormous,” says the com- says. As is typical in North neurs to invest in a craft dent for these kinds of eco- watered-down plan that orig- plaint. North Car- for middle men Carolina,” brewery, because the brew- nomic liberty lawsuits.” inally would have raised the Orr said the complaint olina didn’t rr told CJ. ery’s access to market rests Tim Kent, executive di- barrel limit to 200,000. The doesn’t challenge the get its first whose role is not The bar- in the hands of other private rector of the . . eer and state’s distributors said the three-tier system directly, brewpub until market-driven, rel cap, say companies that have no Wine Wholesalers, said in increase would place their but it definitely im licates it. 1986, when the distributors’ the plain- vested interest in the suc- a text he had not read the own businesses in jeopardy “[W]e’ve tried to draw the Weeping Rad- profit margin has tiffs ta es cess of the brewery.” complaint and would refrain and persuaded lawmakers to complaint as narrowly as we ish began sell- from brew- The franchise law, the from comment. eliminate the cap-raising pro- could in the interest of our ing its beer in always been, and ers distribu- complaint points out, im- Kent has said H.B. 500 vision. clients.” Manteo. Sev- continues to be, tion rights, poses territorial exclusivi- would open a barn door the “We’ve been at the table “With more than 200 eral followed, enormous. brand con- ty, meaning the distributor si e of a football field toward since day one, but you can’t breweries in North Carolina, including Red trol, and gets exclusive distribution allowing big brewers such negotiate with yourself,” the industry is experienc- Oak Brew Pub, - Craft brewers’ future prof- rights in a certain area. The as InBev and MillerCoors to John Marrino, who owns ing ra id growth and fierce which opened complaint its. Many brewery, then, can’t supply swoop in and take advan- Olde Mecklenburg brewery in competition,” the complaint in Greensboro breweries its own products to retailers tage of North Carolina brew- harlotte told Carolina Jour- says. “Nevertheless, the old in 1991 and at prefer to within that territory. The ers and in effect the laws nal as lawma ers debated laws aimed at preventing that time was called Spring self-distribute because, the franchise law also makes assed s ecifically to hel the measure. NoDa is in Char- a few megabreweries from Garden Brewing. Red Oak complaint says, if they don’t distribution rights perpetu- the state’s craft beer indus- lotte, as well. capturing 100 percent of the owner Bill Sherrill has public- “they must relinquish all al, the complaint says. try. North Carolina operates market also apply to each of ly fought the barrel limit for control over distribution and In other words, “a dis- Representatives for the under a so-called three-tier North Carolina’s more than years. sales of their beer to the dis- tributor who acquires distri- brewers and distributors re- system — breweries, dis- 200 breweries, which hold a Similar battles have been tributor.” bution rights is entitled to portedly met in an 11th hour tributors, and retailers. The tiny percentage of the beer fought elsewhere around the The franchise law then keep them forever. ... Even a effort to com romise. ut state’s weathered laws rein- market. county, but, with the May 15 requires the distributor to change in a brewery’s owner- that effort failed. CAROLINA JOURNAL // JUNE 2017 11 ENTREPRENEURS Beer geeks upset with Wicked Weed should calm down and order something else
“[I]t has become clear that we interest? Why not take advan- and that’s their prerogative, just as can no longer host the festival tage of a free market that rewards it was the brewers’ prerogative to with the original vision in mind,” The idea that entrepreneurship and innovation? sell to InBev. There are plenty of Wicked Weed writes on its website. entrepreneurs toil What began as a family operation choices in beer. “We respect the decisions of those and sweat and scrimp about fi e years ago could well gain But don’t view the brewers, who have decided to no longer a national and even international who ha e contributed much to JOHN TRUMP attend, and we understand that the and save to build a following. their community and the state, as MANAGING EDITOR impact of bringing this community business to achieve That’s all good. bad people or “sellouts” or greedy together is more important than ill the roduct suffer? here s rofiteers. ee them as smart busi- Wicked Weed. only limited profits always that possibility, but who ness people who have done and will ood for ic ed eed. “Just like the sour beer com- and marginal growth knows? likely continue to do big things. The Asheville-based munity blen harities is still of urther ic ed eed jum ed at Regardless, who knows what brewer has sold to Anheus- paramount importance to us. With is as naïve as it is the chance to distinguish itself in a happens next? The brewers may er-Busch InBev, which, like its that in mind, we will evolve the selfish and unfair. bloated market. take the money from the purchase Gcounterparts, is gulping down craft un atorium n itational and host The country had 92 breweries and apply it toward another ven- brewers in an a arent effort to a reimagined festival to raise mon- in according to the rewers ture. Maybe they’ll make an even offset waning sales for udweiser ey for Eblen’s cause [Sept. 16].” growth is as na e as it is selfish Association. Today, there are more more innovative and funky line of and other mass-produced adjunct Beer drinkers — and many and unfair. than 5,000, including more than beers, because the InBev sale will beers. brewers — are upset about the Wicked Weed makes fantastic 200 in North Carolina alone, the allow them to do that. Beer geeks aren’t pleased. perceived “sellout,” and many beer, which, considering InBev’s ninth most in the nation. Asheville Many people drinking craft beer In mid-May Wicked Weed talk as if they have a stake in the purchase of the brewer, should be itself has around 30, and Raleigh today aren’t old enough to remem- canceled its uly un atorium company or a say in the brewers’ obvious. If, in fact, Wicked Weed will soon have that many. ber a time when craft beer didn’t Invitational after almost 50 brew- decision. had failed to build its brand and The immense challenges exist. Instead of whining and com- ers, who were to take part in the They don’t, but Wicked Weed’s churned out mundane beer, there of standing out in that crowd, plaining about Wicked Weed, they event, backed out. owners did. And they decided to sell. would be no such interest from building a brand, and gaining and would do well to ta e in the infinite The event has helped Eblen The idea that entrepreneurs corporations with deep pockets keeping loyal customers can’t be choices available. Taste, compare, harities a non rofit ro ide toil and sweat and scrimp and and a willingness to pursue new discounted. buy, and drink up. families with, for example, medical save to build a business to achieve strategies to compete. raft beer aficionados will Then grow up. Or, order a Coors and emergency assistance. only limited rofits and marginal So, why not capitalize on that continue to eschew Wicked Weed, Light.
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Available at: JohnLockeStore.com 12 CAROLINA JOURNAL // JUNE 2017 ENERGY & ENVIRONMENT Environmental impact of solar energy continued from PAGE 1
Environmental Review Commission study of decommissioning and safe disposal issues. Millis is lead sponsor of House Bill 745, which requires proper de- commissioning of utility-scale solar plants after they close, reclamation of the land to its original condition within two years and osting fi- nancial guarantees to ensure the work gets done. nly fi e states re uire a decom- missioning plan, said Steve Gore- ham, a climate change and energy expert, and author of two books. “They don’t have any rules. They just require a plan,” Goreham said. Solar industry advocates stren- uously resist the call for statewide regulations. Some insist their con- tracts guarantee they’re responsi- ble for end-of-life considerations. Solar lobbyists say more than 50 counties have adopted a solar de- velopment ordinance that covers decommissioning but acknowledge it is an unenforceable template. “As regulation-happy as Cali- fornia is, it does not require a de- commissioning bond for solar fa- cilities or any statewide permitting scheme that is being contemplated here,” solar lobbyist Alex Miller said during committee debate on Dixon’s bill. HEALTH HAZARDS. Rep. Chris Millis, R-Pender, worries that after solar installations are no longer useful, they may become health hazards, much like Super- Solar lobbyists say much of the fund sites, which can cost millions of taxpayer dollars to clean up. material in solar facilities can be recycled to recoup cleanup costs or safely dis osed of in landfills. hey try to placate concerns by assuring ers get a decommissioning plan in Solar Facility Cleanup Costs that market forces eventually will writing from solar companies stat- determine how to fill a resent oid ing they will be responsible for all of abundant options. removal and land reclamation. But the industry’s position on But the solar industry has its that is unclear. friends in the General Assembly. “We have not as Rep. Bob Stein- a group taken that burg, R-Chowan, op- up,” said Michael posed Dixon’s envi- Brinchek, vice presi- A solar ronmental study bill, dent of the North Car- saying it was “very olina Chapter of the panel’s useful puzzling.” Republi- $2.1 million Solid Waste Associa- life is 20 to 25 cans historically are Maryland 20 megawatt tion of North America. years, when it champions of person- $220,000 Travis Ward, pres- has degraded al property rights and ident of the Recycling a business-friendly Sacramento County Association of North to about 80 regulatory climate, he 3 megawatt Carolina, did not re- percent of its said. Researching po- turn repeated calls for productivity. tential environmental comment. concerns makes it ap- Goreham said pear the solar indus- the world,” Goreham said of the 40- proper rules to protect the health, said Ron Heiniger, a crop science there’s “a fair amount try is irresponsible. year life span claim. He said a solar welfare, and safety of people and professor and researcher at N.C. of value” in recycling But Millis said panel’s useful life is 20 to 25 years, the environment. State University. Agriculture al- solar materials, but it doesn’t come some solar companies have nego- when it has degraded to about 80 Dixon said many of the 37,000 ready is under stress from low close to cleanu costs. or e am- tiated 15-year property leases with percent of its productivity. acres of solar panels are built atop prices, and taking land out of pro- ple, he said, a 3 megawatt project landowners, after which they trans- Without a required decommis- what was prime farmland. He wor- duction that is needed to maintain in Sacramento County, Calif., cost fer ownership of the facilities to the sioning and a bond to secure it, ries the land could take years to an economy of scale could further owners $220,000 to clean up even landowner. The companies some- huge swaths of land could become reclaim for agricultural purposes, disrupt the system. after they got $375,000 for recycled times claim solar panels will last riddled with dead solar panels, Mil- and research shows peanuts never Science should serve as a guide materials. A 20 MW solar project in 40 years, and they don’t warn about lis said. “The fear is that this may could be grown on the land again as to where solar anels fit into Maryland cost $2.1 million to re- costs to dispose of the tons of aging become the next Superfund site for due to zinc leaking from the instal- the ecological landscape, Heiniger move after recycling revenue. materials after they degrade below the taxpayers.” lations into the ground. said. “Right now we’re just locat- Because of those steep costs, rofitability. Millis said he opposes burden- “We really don’t recognize how ing them next to the power substa- Goreham recommends landown- “I haven’t seen that anywhere in some regulations but supports fragile our agriculture system is,” tions.” CAROLINA JOURNAL // JUNE 2017 13 ENERGY & ENVIRONMENT Solar plants may threaten farm ecosystem continued from PAGE 1 Most croplands in North Caro- lina must be spread regularly with ing land out of production needed alkaline limestone to neutralize to maintain a delicate economy of their inherently acidic nature. So- scale iability and rofitability. t lar installations do not perform some stage the system will start that practice, and after 20 years to break down, but the question is or more of nonagricultural use the when the decline reaches a point of acid content of soil would spike. no return, he said. A farmer wanting to reclaim Some farmers struggling to the land would have to make a sig- ma e a li ing off the land yield to nificant in estment in limestone the temptation to enter a lucrative and other nutrients. Whether that lease with solar companies and would be economically feasible ta e art or all of their fields out of would depend on agriculture prices production. being high enough to sustain the But many farmers depend on outlay, Heiniger said. leasing neighboring land from The data show the solar panels absentee owners or nonfarmers “channelize water,” causing it to to grow crops and graze animals. lea e the site faster and infiltrate Those landowners are increasingly neighboring properties, Heiniger finding it more rofitable to lease to said. ome farmers ha e confirmed solar installations, cutting tenant their fields became wetter than farmers out of fields needed to stay before the placement of a nearby in business. solar facility, and they were hav- or that reason the s read of ing difficulty getting in to till their solar installations across the farm land to prepare it for the growing belt doesn’t necessarily help farm- WAY DAN BY PHOTO CJ season. ers to remain viable, as the solar SCIENTIST’S WARNING. Ron Heiniger of N.C. State University warns that large solar installations like this 5 megawatt Grass and plant cover at solar industry claims. Often it makes it plant in Robbins are taking productive croplands out of circulation. Heiniger is not sure how quickly the land can be facilities would prevent a lot of more difficult einiger argues. recovered to grow food safely after the solar panels are removed. erosion, but water leaving the site f farmers lac sufficient land carries some particulate, Heiniger to remain viable, they will leave said. the field literally. hat will create quickly to the disappearance of environmental concerns, Heiniger re uent mowing to control a tumbling domino effect einiger most of North Carolina’s dairy said. While he is neither a solar vegetation can make soil more com- said. farms following a government buy- If enough farmland opponent nor an alarmist, he said pact and more resistant to absorb- “What’s going to happen to the out program as one example. The is taken out of long-term issues must be addressed ing water. ider buffering around equipment dealer, feed retailers, buyout program ended a decade production, the with dis assionate scientific re- the site can offset much of that run- fertilizer distributors, people who ago, but small dairy farms never search. off. utting in a subsoil also would bring in limestone on rail cars and revived. infrastructure Many solar panels are support- help, but that can’t be done until the by the truckload?” Heiniger asked. “I think it’s a fear that needs to would collapse, and ed by galvanized steel platforms. solar panels are removed at the end “They’re not going to be in the be addressed as they think about grain and animal That steel oxidizes over time and of their useful life, and cost to do so business.” the solar industry disrupting the releases zinc into the soil, which would be an issue. If enough farmland is taken out agriculture community,” he said. production would can be toxic to plants at certain Heiniger said some solar instal- of production, the infrastructure But many county commis- move to other states levels. lations were placed above lakes or would collapse, and grain and ani- sioners lac sufficient nowledge or offshore. That has been document- onds which become infiltrated mal production would move to oth- about the complex interplay of so- ed in cases where other types of with runoff. f runoff occurs in suf- er states or offshore. y the time lar installations on the economic, galvanized steel structures were ficient olume s illways of o er- 20-year solar installation leases ecological, environmental, and cul- iger said. “I don’t know if I’ve seen removed, and crops didn’t grow whelmed ponds could be threat- e ire it would be e tremely diffi- tural dynamics of a community as rural people get as upset about an or didn’t fare well, Heiniger said. ened. cult to recreate the agriculture in- solar companies woo them for sit- issue as they have over these solar ignificant soil remediation had “Right now we’re just locating frastructure from scratch, Heiniger ing approvals with promises of jobs and wind issues. … It’s just a real to take place to return that land to them next to the power substa- warns. and revenue. battlefield out there.” production. tions,” Heiniger said. He has been “Everybody tells me that that’s “Right now it’s neighbor against Currituck County even enacted It is uncertain if the solar panel telling the solar industry scientific the worst-case scenario. Perhaps neighbor, commissioner against a solar installation ban after the is- structures would have that same land use research is needed to deter- it is, but we have lots of examples solar that’s sort of being played out sue blew up among residents there. effect but it is something that de- mine best siting practices. “We’ve of that,” Heiniger said, pointing in these little communities,” Hein- The solar industry minimizes mands study, he said. at least got a dialogue started.”
THIS IS WHAT OPPORTUNITY
#SchoolChoice LOOKSLearn more online at: LIKE. www.carolinajournal.com/series/opportunity-scholarships 14 CAROLINA JOURNAL // JUNE 2017 LOCAL POLITICS High Point swinging at wild pitches in misguided stadium plan
catalyst to bring about tremen- But there’s a reason MiLB doesn’t dous economic development and allow too many teams too close rejuvenate downtown. together. It’s because too much And who exactly is going to supply can outstrip demand. You play in this ballpark? Well, if you end up spreading the fans too thin, know anything about how baseball and none of the teams does very JULIE TISDALE leagues are structured, you’ll know well in terms of attendance or CITY AND COUNTY POLICY ANALYST that Major League Baseball (MLB) revenue. JOHN LOCKE FOUNDATION teams have Minor League Baseball But that hasn’t stopped High i affiliates that they use es- Point from committing $15 million sentially, for player development. in taxpayer money to this. It’s pring, in my mind, means Which means that all the major one thing for a private investor or one thing — the return of and minor league teams, at all their business to make that gamble. It’s baseball. A few years ago, various levels, are part of one enor- a whole different matter for cities there was a campaign to make mous system. The people running to do so with limited taxpayer SOpening Day a federal holiday. I that system are concerned, among money with which they’ve been signed the etition. rom ril other things, about territory. entrusted. through October, more often than High Point, it turns out, is too High Point should have steered not there s baseball on in my office close to the Winston-Salem Dash clear of this project. Grant the during the afternoons, at home in and the Greensboro Grasshoppers, zoning and permits and such that the evenings, and on the radio in so MiLB won’t let them have an a private company would need SWINGING AT WILD PITCHES. Spring is all about baseball, but not taxpayer- the car while I’m driving between affiliated team. nstead to build the ballpark downtown? funded ballparks. the two. Six weeks in, I’ve already High Point’s going with an inde- Sure. Work with them on parking? been to both Major and Minor pendent league, a small group of OK. But much as I believe that League Baseball games, and before country opened their seasons in Over the past year, I’ve looked eight teams mostly concentrated baseball is magical, I also know the summer is out, I’ll have gone front of excited fans, High Point at various ballpark projects in the Northeast. Some of these that it’s business. Local govern- to more of each. My family tends voted, 8-1, to spend $15 million on around North Carolina. This time guys used to play big league ments shouldn’t use taxpayer to plan our vacations around ball- a downtown ballpark project. The last year, I was thinking about a ball. Others might someday in dollars to build ballparks for parks and team schedules. whole thing will actually cost the different ball ar roject in igh the future. But these aren’t guys teams any more than they should So you might think that I’d city more like $30 million, but this oint. hen came ayette ille in the pipeline for major league build a store for Target or a restau- be excited about the way that was the first million for land and bizarre plans for funding. And contracts. rant for McDonald’s. These are High Point City Council marked acquisition. And despite my love now it’s back to High Point, where And that’s OK. I’m sure the private businesses, and the right Opening Day this year. On Mon- for the game, I was saddened by the city is convinced building a games will be a lot of fun. They’ll source for funding them is private day, April 3, as teams across the the news. ballpark complex would act as a probably attract some local fans. investors.
Sign up for the FREE CJ Daily newsletter! www.carolinajournal.com Breaking news, top stories and analysis delivered each morning to your inbox. CAROLINA JOURNAL // JUNE 2017 15 SECURITY & TERRORISM Former ambassador hopes his family’s story bolsters fight against terrorism
MITCH KOKAI SENIOR POLITICAL ANALYST JOHN LOCKE FOUNDATION
im Cain didn’t feel any sense of urgency when he noticed his James P. Cain daughter had texted him on Former Ambassador to Denmark Jthe morning of March 22, 2016. 2005-2009 Nor did her immediate follow-up James P. “Jim” Cain is a former United phone call cause concern. States Ambassador to Denmark. He The former U.S. ambassador to was appointed by President George Denmark was talking to a friend W. Bush on June 30, 2005. He is a while waiting at Raleigh-Durham former president of the National International Airport. He had Hockey League team, Carolina scheduled an early ight to ew Hurricanes, a position that he held York. Neither the text nor the call before becoming an ambassador. Cain interrupted the conversation. was born and raised in High Point. He Once Cain had a chance to read earned a bachelor’s degree in Politics the text, he still didn’t grasp the and a law degree from Wake Forest significance. ameron ain had University, where he was a member of written that Alex, her boyfriend of Sigma Chi Fraternity. four and one-half years, “was on
the ight in russels.” CAIN JAMES AMBASSADOR OF COURTESY PHOTO Not too long after reading that FEAR, UNCERTAINTY, AND A BITTERSWEET SECRET. Former Ambassador Jim Cain only learned of his daughter Cam- message, Cain started to piece to- eron’s marriage to Alexander Pinczowski after the terrorist attack in Brussels where Pinczowski lost his life. gether the facts that led to the sto- ry he recounted May 12 in Raleigh. hat story told for the first time on ly for information about Alex and At one point, a nurse told Cain’s he first in ol ed the fight against this terrorist platform that gives U.S. soil and only the second time Sascha, “Cameron pulls her mother wife that four victims in the hospi- terrorists. n this fight against ISIS and its henchmen a way to e er led off a anel discussion on and me close on the sofa, and she tal remained unidentified but the ISIS, against terror, the world has plot, plan, and execute their global “Terrorism and Security” during says, ‘I’ve got something to tell you, special prosecutor handling the to get serious about it and America strategy,” Jim Cain told the Raleigh the ohn illiam o e oundation Mom and Dad.’ We said, ‘What’s case would not allow any family has to lead.” audience. and Jesse Helms Center’s one-day that?’ She said, ‘A year-and-a-half members to see them. Eventually, The Brussels bombers were part he former ambassador offers conference on oreign olicy and ago, Alex and I were secretly mar- the hospital produced a list of liv- of an ISIS cell that had attacked one final lesson from his family s Trade Challenges in the Age of ried in New York.’” ing victims and told Paris in November 2015. “We knew recent ordeal. “America needs to Trump.” The search for a the families they who they were,” Cain said. “We support its victims of terrorism It’s a story of fear, uncertainty, missing boyfriend could presume that knew where they were. The Turks wherever they are,” he said. As a bittersweet secret revealed, and had turned into Before we ever anyone not named knew where they were. The Israe- Cameron Cain visited her husband dysfunctional government. But it’s the search for a on the list was dead. lis knew where they were. We had in a Brussels morgue on March 25, also a story of resolution in the face missing son-in- even left New “It was that … com- shared that information with the 2016, U.S. Secretary of State John of anguish. It’s a story that stands law and husband. York to fly to passionate.” Belgian authorities. Belgium ig- erry was laying owers at the today with a legal fight against one And the search Brussels, the Cain learned lat- nored it.” airport about a mile away,” Jim of the world’s largest social-media wasn’t easy. The er that Alex and In addition to American lead- Cain said. “Our daughter never companies. It’s a story that features ain family ew first responders Sascha were killed ership in a more serious Western heard from John Kerry. She never a plea for the Western world to get to Brussels and knew that in the first bomb approach toward terrorism, Cain heard from anybody with the ad- serious about terrorist threats and spent a day-and- they had been blast. “Their identi- offers a second oint. o fight ministration or the State Depart- for the United States government a-half searching ties were known to this threat effecti ely we ha e to ment. There’s no program in Amer- to support victims of terrorism — local hospitals for killed, but the the first res onders disable the social media network ica to support American victims of wherever they might be. Alex and Sascha. bureaucracy of within an hour or that’s built and owned by America foreign — or, really, domestic — There were no murmurs or side “Words don’t de- Belgium didn’t two of the blast,” that these terrorists operate on.” terrorism.” conversations in the room as Cain scribe adequately he said. “So before That’s what prompted Cameron A revival of the U.S. support pro- detailed the steps that helped him how horrible an allow them to we ever even left Cain in January to serve as lead gram instituted after 9/11, or a discover that Alexander Pinczows- experience that tell anybody. ew or to y to laintiff in Cain v. Twitter. “We new program modeled on one used ki and his sister Sascha were was,” Cain re- russels the first know that the terror plots in Par- worldwide today for British terror- standing in line at a Delta Airlines called. As 20 fami- responders knew is and Brussels, including those ism victims, could provide comfort ticket counter in Brussels the day lies from differ- that they had been that killed Alex and Sascha, were to mericans who ha e suffered that terrorists affiliated with ent countries using at least a dozen killed, but the bureaucracy of Bel- planned and plotted and fund- devastating losses. bombed the airport. Attacks on the languages huddled in the “horrible gium didn’t allow them to tell any- ed and recruited and carried out Cain will never interact with airport and a metro station killed hot” basement of a military hospi- body.” by ISIS exclusively using Twit- Alexander Pinczowski as his son- 32 people and injured hundreds. tal, Cain noted “an abysmal lack of The search for “purpose and ter,” Jim Cain said. He contends in-law. He hopes his family’s ex- ain made one more signifi- what you might call customer ser- meaning” in the aftermath of these that Twitter hosted 40,000 active perience can lead to changes that cant discovery. As he and his wife vice.” There was no counseling. No events drove Cain toward several ISIS-related sites in 2016. make similar stories less likely in and daughter searched frantical- therapy. No support. messages for merican officials. The suit intends “to shut down the future. 16 CAROLINA JOURNAL // JUNE 2017 EDUCATION Graphic novels are trending in English departments, and that’s a problem
reasoning in comprehending the meaning of the text, leaving the Learning to be accompanying visualizations to their own imagination. The critical and to think images found in graphic novels, on conceptually and the other hand, remove much of SHANNON WATKINS the need for students to exercise COLUMNIST rigorously do not their intellects to process the main come easily to the ideas. young but are hard- While graphic novels are not any English depart- capable of the same literary com- ments are beginning to fought victories. plexity as written books, this does offer courses on gra hic not mean they don’t have their novels, which integrate text and - Neil Postman own aesthetic value. Although Mvisual imagery. Graphic novels they should not constitute the are increasingly studied alongside controversial political issues such entirety of a student’s exposure to traditional literature, in some as social justice, immigration, gay literature in college, their artistic cases supplanting more standard rights, etc. This is part of a larger qualities are worthy of being stud- text-based curricula. trend in the humanities, where the ied, even in a university setting. or e am le one course at focus often is on oppression and Perhaps instead of being used to UNC-Chapel Hill titled “The identity politics. fulfill general education re uire- Visual and Graphic Narrative” can or e am le Bitch Planet by ments, it would be more reason- be taken to satisfy the literary Kelly Sue DeConnick appears often THE PROBLEMATIC RISE OF GRAPHIC NOVELS. Graphic novels only comple- able that graphic novels be studied appreciation part of a student’s on syllabi and has been described ment traditional literature. in upper-division elective courses. general education requirements. as an “intersectionally feminist In other words, such courses (Students are required to take only text.” The graphic novel is about should build upon the student’s one literary appreciation class.) “a woman’s failure to comply with students to encounter complex and think conceptually and rigorously already firm foundation in boo s he uni ersity also offers a course her patriarchal overlords.” often uncomfortable iterations of do not come easily to the young from the literary canon. titled “Comics as Literature” as a Of course, there is nothing in- marginalized identities.” but are hard-fought victories.” Graphic novels should not sub- first year seminar. herently wrong with reading about In addition to the fact graphic Even though there are many ways stitute for written texts in satisfy- Given these courses’ rising these topics or with discussing novels often are used to further to learn, Postman suggests the ing students’ literary arts require- popularity among students, them. But what is particularly a political agenda, it seems they written word is most effecti e in ments, especially when the motive administrators and instructors concerning about assigning these don’t possess the same merit as training students to think about behind the assignments is often may view them in terms of their politically charged books is it traditional literature. Given stu- complex ideas. political in nature. Universities ability to renew student interest in seems to be part of a larger push to dents’ limited time in college, it’s His primary argument in favor should instead present students the humanities. But while graphic rid the university of its traditional pressing they be presented with of the written word is that “[read- with works of literature that will novels do have artistic merit, and focus, and to push a social justice more intellectually demanding ing is] essentially a rational activ- truly challenge their minds and are of aesthetic interest, the rise of agenda. readings. This is especially true ity” and thus is most conducive to strengthen their ability to reason. undergraduate courses on graphic or e am le last semester . . when a student’s general educa- developing strong and coherent Graphic novels can complement, novels is problematic. State University English professor tion course may be the only expo- reasoning s ills. t s difficult to but cannot replace, the canon in One reason is the majority of Maggie Simon gave a talk titled sure to literature he or she receives believe reading a graphic novel fulfilling this role. graphic novels tend to advance “Comics and Graphic Novels — The during college. could do the same in this regard as political agendas. The graphic New Literature.” In her talk, Simon As Neil Postman argues in his having to digest, say, The Iliad. Shannon Watkins is a policy novels found on course syllabi and praised graphic novels because, book Amusing Ourselves To Death, Texts without pictures require associate at the James G. Martin on reading lists often deal with in her view, “such texts invite “learning to be critical and to students to exercise abstract Center for Academic Renewal.
The James G. Martin Center for The Decline of the Academic Renewal explores the General Education program at English Department Throughout much of the 20th century, English departments were the crown jewels of the humanities. Today, English departments have lost their position at the center of the American university. Read Jay Schalin’s newest report, Why? “General Eduaction at NC State” to discover the findings. Read “The Decline of the English Department” by Download the FREE pdf online! Jay Schalin FREE at: www.jamesgmartin.center
www.jamesgmartin.center Or call 919.828.1400 to receive your free copy. CAROLINA JOURNAL // JUNE 2017 17 EDUCATION Summer reading: It schools the mind
Progress in 2015, just 34 percent Number of books children have read over the summer dust off that library card. of eighth-graders and 36 percent NONE ¡ ¢£ ¤¥ £ ¤¡¥ ¡+ Library of Virginia study found of fourth-graders scored at or ◼ ◼ ◼ ◼ ◼ ◼ ◼ that rising fourth fifth and abo e roficient le els in reading. 35% sixth-graders who participated Eighth-grade scores have declined in summer reading programs since 2013; fourth-grade scores performed better than nonpartici- KRISTEN BLAIR ha e atlined. 30% pants on state reading tests, even COLUMNIST There’s no sign of a reading re- two years after participation. vival. Reading for fun has declined What else? Evidence points to among kids of all ages since 2010. 25% reading at least fi e boo s. dult anguid summer days are That’s according to Scholastic’s guidance and encouragement are near at hand. or students ids and amily eading critical, but kids should choose 20% finishing the traditional aca- Report,” a biannual survey of more books themselves. Some choices demic year, time — free and fallow than 2,700 parents and children. might make literature mavens L— beckons. But as days slip into What promotes reading? Access 15% cringe. The children Allington weeks and months, something to books. In Scholastic’s survey, studied preferred books about pop else accrues alongside rest and frequent readers had far more culture or series such as “Captain refreshment a s ills dro off that books at home than infrequent 10% Underpants.” erodes learning gains. readers (141 books, on average, Of course, choices vary based on Low-income students are most compared to 65 books). Trends age, interests, and gender. Boys, at ris . nli e their more a u- hold true across cultures and con- 5% who trail girls in pleasure reading, ent peers, they lack widespread tinents. Research by M.D.R. Evans are hoo ed by science fiction summertime access to books and colleagues, published in 2014 sports, fantasy, war — even topics or enrichment. This summer in the journal Social Forces, found 0% adults might find silly or a bit inequity explains much of the greater family book ownership AGES AGES AGES AGES revolting. One American Library income-based achievement gap, was linked with higher scores on Association boys’ reading list research shows. But any student an international reading test for SOURCE Schol stc’s 2017 “ds nd F ml Re dn Report” proclaims, “Reach your reluctant can fall behind if summer be- 15-year-olds in 42 countries. readers with bodily functions and comes a wasteland of mindless How can schools foster book blood and guts.” A confession: I entertainment or unstructured ownership and summer reading? WAKE Up and Read, a commu- 10 elementary schools (as well as laughed my way through it. indolence. Literacy expert Richard Alling- nity collaborative launched in at child care and community cen- Classics have their well-earned How can students forestall the ton’s seminal research, published 2012, builds on research — tar- ters), according to Jane Small, the place, but summer books need not summer slide? Read. Repeat. in Reading Psychology, found that geting summer learning loss at group’s Summer Learning Action be by Dante or Dickens to school Reading for fun, and often, has giving low-income students 12 high-need schools through a part- Team co-chair. “Each student gets the mind. What must they be? significant sustained and osi- self-selected books at an end-of- nership with Wake County Public to select 10 books to keep forever. Accessible. Enjoyed. And read — tive impacts on achievement. No year boo fair was as effecti e as Schools. Now and through the In total, we will provide books to again and again. epiphany, this still bears repeat- summer school in boosting read- end of June, WAKE Up and Read more than 7,000 students in Wake ing. On the most recent National ing performance. It’s also much is giving away 112,427 commu- County,” says Small. Kristen Blair is a Chapel Hill-based Assessment of Educational less expensive. nity-donated books to children at Parents also might want to education writer. Apprenticeship program oers big potential at small cost
the apprentice and company tional six-year average.) Apprentices can expect to decide. Apprentices can work to Relatively low retention rates boost lifetime earnings by around become, for instance, machinists could be expected in these appren- $300,000 over their peers who North Carolina’s and electricians, all while gaining ticeships, since the student often complete only high school. Pri- investment per experience with regional and even invests little personally into his vate companies investing in the national companies. or her education, and the compa- rogram also recei e the benefit ALEX CONTARINO pupil in the Costs appear to be minimal. ny generally picks up the tab. In of creating a pipeline of trained, COLUMNIST Currently, the state sets aside other words, the cost of leaving highly skilled workers who are program is quite $500,000 annually in Commerce’s apprenticeship programs is quite familiar with their operations. budget to administer the program. small for both the student and With so much to gain and so A BILL WAS INTRODUCED small, less than recent- The most recent data indicate the taxpayer. This is not the case little to lose from apprentice- ly in the state legislature to shift $100. more than 5,000 students sign up when it comes to dropping out of ships, it’s encouraging the North control of the state’s apprentice- for the program each year. This college, where the opportunity Carolina legislature is beginning ship program from the Department means that the state’s investment costs and wasted resources can be to pay more attention to them. If of Commerce to the community cost alternative to the traditional per pupil in the program is quite significant. matching students to careers is college system. The goal is to college pathway. small, less than $100. This com- At any rate, North Carolina is the goal, the legislature should streamline the program and make North Carolina’s apprenticeship pares quite favorably, for example, not alone in offering an a ren- continue to explore ways to im- it more aligned with some of the program is relatively straight- to state investment per pupil in ticeship program. Nineteen other prove and expand North Carolina’s colleges’ work force development forward. Students indicate their the state’s university system, states offer one. nd the . . apprenticeship program. Rather initiatives. interest in the program and which is about $17,000 annually. Department of Labor has set up a than spend millions on the fanta- The program, “Apprentice- desired career path, and Appren- If there’s one knock against Ap- program of “registered apprentice- sy that college is for everyone, the shipNC,” has been receiving more ticeshipNC matches them with a prenticeshipNC, it’s that retention ships” that ensures students who state could receive big returns by attention lately, as lawmakers suitable company. Together, along within the program appears to complete a recognized program investing in the postsecondary ed- pivot to vocational training with a local community college, need improvement. Only about 50 are able to use their trade nation- ucation most suitable to the fields programs as a way to boost the the student and company arrange percent of participants continue ally. It also helps regulate com- in which many North Carolinians education and earning potential of a class and work schedule. The after their first year. t should be pletion requirements across state will e entually find wor . recent high school graduates. The company generally covers the cost noted that a 50 percent retention programs. In North Carolina and program helps provide students of schooling and pays the appren- rate is not far off from the si year elsewhere, 2,000 hours of work Alex Contarino is a research with more postsecondary options tice a wage. It lasts one to four graduation rates of some North and 144 classroom hours are the assistant at the James G. Martin and gi es them an effecti e low years, depending on arrangements Carolina universities, or the na- standard. Center for Academic Renewal. 18 CAROLINA JOURNAL // JUNE 2017 JUDICIAL REFORM
INTERVIEW Chief justice speaks about “raise-the-age”
It’s fairly unprecedented for a say that there are a lot of s ecifics chief justice to take such a strong that the General Assembly can still position of leadership on legisla- determine. They are taxed with the tion related to a judicial reform. obligation to decide which cate- What inspired you to take this gories of cases will go to juvenile on? court. Some proposals include misdemeanors only. Some of them irst and foremost we e had include nonviolent felonies. I’ve generational studies for the court always believed that’s a legislative system. The all-important Bell Com- question. ... mission … began in the 1950s and MARK MARTIN was elected ran into the 1960s. The Bell Com- Are you making any headway per- chief justice of the North mission spawned the General Court suading those who worry about Carolina Supreme Court of ustice a unified court system the short-term costs of boosting in November 2014, three for the entire state that replaced a juvenile justice services and months after Gov. Pat McCrory hodgepodge of municipal court sys- facilities? appointed him to serve the tems that were totally nonuniform. remainder of retiring Chief So you would have a case in I think you’re talking in terms of Justice Sarah Parker’s term. Bryson City that could potentially a $23 billion budget, and you look Two years ago, Martin, who be handled ery differently than in at the number that was given to me has served on the court since the city of Raleigh. ... on this, which is about $20 million. 1999, convened the North And then we came into the 1990s, … My concern is that it seemed to be Carolina Commission on the and we had another systemwide challenging to assess the exact cost. Administration of Law and review. The Medlin Commission You have to know the cost. And Justice, a 65-member panel took another look at the system of it may be that you have to include of attorneys, academics, and justice ... and began to realize that fewer offense categories initially to nonlawyers to address the the court system had really fallen make it work. But I think the data state’s handling of civil justice, behind. It had fallen behind the are overwhelming. criminal investigations, legal private sector in terms of technolo- The Department of Public Safety professionalism, technology, gy. There were alternative dispute conducted a study in which it and public trust in the courts. resolution procedures that were learned that over 90 percent of CJ PHOTO BY DON CARRINGTON DON BY PHOTO CJ Earlier this year, the being used around the country and adults in North Carolina already CHIEF JUSTICE MARK MARTIN says the judicial reform panel he convened in 2015 commission delivered a report had not yet been fully incorporated thought that you were an adult to the General Assembly quickly concluded that raising the age North Carolina tried many teens in the into our system here. juvenile justice system was an easy call. for criminal court purposes when urging, among other reforms, So we came up to 2015, and I you were 18. Not when you were legislation raising the default realized that it had been about 20 16. So 90 percent of our parents, if age teenagers charged with years since we had conducted this this data are accurate, were quite nonviolent o¨enses would be systemwide review. [So we per- court — but we have better results secondly, when I realized that what shocked when their teenager was tried in adult courts from 16 formed] a 15-month study with a moving forward. keeps me going as a judge is my in trouble and they weren’t talking to 18 years old. At press time, 65-member commission that was So that data showed that we’d quest to uphold the constitution to about a juvenile court experience. legislation making that change fully interdisciplinary. It was far cut the recidivism rate. Remember, apply the law well, and we call that had passed the House and a beyond just lawyers and judges. for each person we keep in an adult justice. And I feel [it’s unjust] if I’m As the chief justice, do you feel version of it was included in the And the committee that looked prison, that’s going to be tens of presiding over a … situation where that our courts are well situated budget passed by the Senate. at juvenile justice began to realize thousands of dollars a year. So the young people are being treated dif- to handle this reform? early on that we had a real problem. key is [turning] around some of ferently depending on what part of Martin spoke with CJ Associate In the age of the internet, we were these young people so that they can the state they happen to live in. … I think we’re totally prepared. I Editor Kari Travis in early charging 16-year-olds with nonvio- be … a contributor to society, rather wasn’t sure of that 15 months ago. May at his o©ce. The first lent offenses. hese were offenses than someone who is in the prison Why has it taken North Carolina And then during the process of, not installment of the interview that would be quickly resolved. And system as an adult. so much time to catch up with the only the Commission on the Admin- deals with juvenile justice so a young person and their parent The second reason is that despite rest of the country? istration of Law and Justice, but also reform. The second part, would think, “Well, that’s behind what we’d accomplished with the Gov. [Pat] McCrory had asked the covering the use of technology us, and we’ve done some commu- ell ommission a unified court I think that our state government secretary of health and human ser- and improving public nity ser ice ” only to find fi e or si system — we already had 11 coun- over time has done a very good job vices and me to chair a substance confidence in the judicial years later that the very minor of- ties that were using administrative of trying to be frugal. And there use and mental health task force. system, will appear in the July fense was now leading to problems diversionary programs to raise the are some initial up-front costs. The Both panels came back recommend- print edition of CJ. with this college graduate actually age in local areas. So imagine how studies that I’ve [seen show] over ing that we needed to raise the age getting a job. unfair it is to be a young person in time we save money. But initially, for non iolent offenses. The commission used a da- one of the other 89 counties where it’s just like any investment. [I]n the juvenile justice division … ta-driven analysis [that looked at] you’re being taken to adult court, you quickly realize that you’ve got the outcomes in adult court for whereas in 11 counties you were Your recommendation for juve- to do something that s more effec- these young people. Let’s compare already getting the benefit of the nile justice reinvestment enjoys tive than having them come to adult it to the results in juvenile court juvenile court approach. unprecedented support from court. Oftentimes — to really turn where at times we have dysfunc- I do believe that [juvenile justice groups that historically had op- someone’s situation around — there tional families, and these young reform is] ultimately a policy deci- posed this effort. Why? has to be more than just an hour in people have need for a role model sion for the General Assembly. But court. There needs to be a program. or someone who can help them to as the judge responsible for making Every now and then, even in There needs to be a requirement to look at why this incident happened. sure that the system is working this current area where there has comply with certain conditions. Because often the incident is a right for the people of North Car- been a lot of divisiveness, there’s Two years ago, I had my doubts, consequence of something much olina, I had the conclusion of this an issue where if everybody looks possibly, about whether we would deeper. commission which saw people from at the same data … and then you be ready to administer this new This interview was edited for And so utilizing these resources, all walks of life unanimous in their say, “Well, maybe this is just one of program. I have no doubts now that clarity and space. we can not only resolve the charge recommendation that this modest those issues where there really is we can do so. — just like we could do in adult measure [should be taken.] And only one reasonable answer.” And I CAROLINA JOURNAL // JUNE 2017 19 CONSTITUTIONAL LAW Fundamental constitutional conflicts driving political debates of today
KOKAI: We all know that we’re very politically divided in the Unit- ed States. Your book, Our Republi- We start with rights. can Constitution, says it shouldn’t surprise anyone who’s looked at the These are individual history and sees these longstanding rights: “life, liberty, debates about how our government should be run, including what the and the pursuit of Constitution means. Were you happiness.” surprised to see how divisive things have become in recent years? Many of today’s most heated that it’s been created to secure, BARNETT: political debates involve No, not at all. I mean, which are the individual rights of contrasting views of the I think not only are we divided as a each and every one of us. role of the United States people, among the two conceptions Under this view of the Constitu- Constitution. Those views of the Constitution I describe in my tion judges fit in uite nicely be- reflect disagreements that go book — the republican conception cause judges themselves are agents back to the nation’s earliest and the democratic conception — or servants of the people, and they days. RANDY BARNETT, but most people are actually divided have a job to do. Their job is to be a professor of constitutional law within themselves about this. That fair and impartial magistrate when at the Georgetown University is, most people carry around within a member of the sovereign public, Law Center and director of them a democratic conception of the us, we the people, an individual, the Georgetown Center for Constitution and an inconsistent comes into con ict with one of their the Constitution, explains the republican conception of the Consti- agents or servants. A judge is sup- contrasting views in the book tution. They tend to favor one when posed to be an independent tribunal Our Republican Constitution: it comes out for them one way, and of justice in order to adjudicate Securing the Liberty and they favor the other when it comes fairly a dispute that the citizen has Sovereignty of We the People. out the other way. that says, “You know, you and the Barnett shared key themes from government, you’ve exceeded your KOKAI: the book during the 2017 John Two fundamentally dif- ‘just powers,’ in the words of the W. Pope Lecture at N.C. State ferent conceptions: What are they? Declaration.” And the judge should University. He also discussed be neutral. BARNETT: the topic with Mitch Kokai for Right. They’re based And so the fact that the judge Carolina Journal Radio. on two different notions of o ular doesn’t represent the will of the sovereignty, which is the idea that people is actually a good thing it’s we the people who are the sover- because we don’t want the judges eign. nd these are two different no- to be biased in favor of one party tions of popular sovereignty based or the other. That’s the republican COURTESY RANDY BARNETT RANDY COURTESY on two different conce tions of we RANDY BARNETT. Professor of constitutional law says we need a constitution to constitution. the people.” If you view “we the check the powers of our servants in government. Here’s what ends up happening: people” as a group, and then you say When the majority is on your side, what popular sovereignty means is people like to assert the will of the that we the people, as a group, are people and get mad at judges for entitled to rule, then the only thing tion of the Constitution based on a these rights. getting in the way. Now, when the that could possibly mean is that a collective view of “we the people.” This vision of government is a majority is not on your side, people majority is entitled to rule. Rule ac- government as the servant of the talk about the tyranny of the major- KOKAI: cording to the people’s will must be There’s an individual people. The government is not us. ity. And they hope the judges will be the will of the majority because you view as well? They don’t necessarily represent there to protect their rights against can’t have rule by everybody. our will any more than the garbage those tyrannies. BARNETT: And then what we need is a con- Right. The other one people that we pay to come collect Those are the two competing con- stitution, a democratic constitution, is the individual view of “we the our garbage re ect us and our will ceptions we carry within us. This that will provide the structure by people.” It still starts with popular — except our will that we want the book is an argument for why the which the will of the people will be sovereignty, but it views “we the garbage gone. republican conception is the right expressed, oftentimes in the form of people” as individuals, each of We delegate the responsibility of one and the democratic conception OUR REPUBLICAN representation, representative leg- whom are “endowed by their creator disposing of our trash to a subset of is not. CONSTITUTION islatures. And, in fact, legislatures with certain unalienable rights.” us. And government is a subset of KOKAI: by Randy Barnett could be thought to represent the Among those are “life, liberty, and us. They are what we might call the Why do you say the will of we the people on a micro- the pursuit of happiness.” That may “agents,” or, how’s this, the “ser- republican view of the Constitution cosm basis. So we need a democratic sound familiar to your audience. vants” of we the people. … They’re is the better one? constitution to represent the will of All those rights, by the way, are tasked with a job: accomplish BARNETT: we the people. individual rights. The rights to life, certain beneficial ublic ends but Because I think the If you have that view, then the liberty, and the pursuit of happiness first and foremost secure the rights Declaration is right. We start with role of judges in such a regime is belong to the individual. And then retained by the people.” That’s what rights. These are individual rights: kind of problematic because judges the book focuses on the next sen- the Declaration tells us. “life, liberty, and the pursuit of hap- are not elected, and they don’t rep- tence of the Declaration of Indepen- Now, if you take this view, what piness.” Government is correctly resent the will of the people. They’re dence, which says, “To secure these we need a constitution for — a viewed as our servants. So we need not supposed to. And so there’s the rights, governments are instituted republican constitution — is, on the a constitution to protect us from our idea that judges should not get in among men, deriving their just one hand, to empower the govern- servants, to ensure that they don’t Listen to this and other the way, if they can possibly help it, powers from the consent of the ment to do what it needs to do but, exceed their proper powers. And so interviews online: of the will of the democratic major- go erned.” o first come rights and on the other hand, to constrain its that’s what we need judges for. I www.carolinajournal.com/radio ity. That’s the democratic concep- then comes government to secure power so it doesn’t violate the rights think that’s right. 20 CAROLINA JOURNAL // JUNE 2017 COMMENTARY Should lawmakers get behind bill targeting slow- poke drivers?
JOHN TRUMP MANAGING EDITOR
move to increase penalties for people driving slow in the fast lane passed the House Transportation Commit- tee and continues along the jam-packed Alegislati e highway. dri er deemed as im eding the ow of traffic would face a fine of . he ouse version would also set aside $50,000 in nonrecurring funds to teach people about the new rules. Sponsors of the bill, House Bill 827 — and companion Senate Bill 303 — would prefer to keep this measure moving merrily along. But maybe they should slow down, or even pull over and think about this. Should we have any rules at all relating to how fast we can drive on our highways, beyond obvi- ously reckless and careless drivers? Rep. Jon Hardister, R-Guilford, is a primary sponsor of H.B. 827. He describes drivers who ride slowly in the left lane as moving roadblocks. “This is problematic because it causes traffic congestion which increases the chances of an accident,” Hardister wrote in Welcome to the new-look Carolina Journal an email. “Even if the law is not enforced 100 percent of the time, it is important for people to know what the laws are. INTERVIEW REGULATORY REFORM OPINION & COMMENTARY
Chief Justice Mark Martin talks Craft breweries make High Point If you’re a regular “Raise the Age” with Kari Travis constitutional swinging at ing, and a handful of cartoons and photo- “Some people say that this bill condones challenge to beer wild pitches distribution in misguided laws stadium plan graphs. By 2001, CJ shifted to the tabloid speeding, but it does not,” Hardister writes. Carolina Journal reader, PAGE 18 PAGE 10 PAGE 14 newsprint format, with a greater focus on “If you are riding in the left lane and a car A MONTHLY JOURNAL OF NEWS, ANALYSIS, AND OPINION FROM THE JOHN LOCKE FOUNDATION VOL. 26 • NO. 6 statewide news and investigations but comes up behind you, the best thing to do you’ve probably noticed JUNE 2017 STATEWIDE EDITION CAROLINAJOURNAL CAROLINAJOURNAL.COM with an appearance that often seemed is to move over and let them by. If they are a big change in the look Residents worry about solar’s environmental impact SOLAR ENERGY N.C. State dated, even for its time. speeding, it is up to law enforcement, not a General Assembly attempts to require soil scientist commercial solar says solar plants to clean up plants may With our new design, we get a chance private citizen, to enforce the law.” and feel of this issue. spent panels threaten farm ecosystem to show and tell more stories that matter. Each state has a basic speed statute
BY DAN WAY
DAN WAY r. Ron Heiniger isn’t You’ll keep seeing familiar bylines and requiring drivers to operate their vehicles ASSOCIATE EDITOR afraid to get his hands dirty. He has spent years as a crop and soil sci- ulie Morgan saw the envi- Dentist helping hard-pressed he first thing that may catch your eye ronmental hazard in her farmers to get maximum faces in these pages: Don Carrington, at a speed that’s reasonable and prudent Moore County hometown yield and quality from their Jby yesteryear’s textile mill crops. The N.C. State Coop- technology, and she saw erative Extension Service the industrial materials that professor says it’s his calling Every page is in full color, rather than supported it. in life. Dan Way, Kari Travis, John Trump, Mitch for conditions says the ederal ighway She hopes the contami- These days Heiniger, who nated remnants of the crum- works at the Vernon G. James bled Robbins Silk Mill lead to Research and Extension Cen- preventive studies on what ter in Plymouth, worries that the four or eight color pages in previous advocates hail as an industry solar installations gobbling Kokai — and, of course, John Hood, our Administration. of tomorrow — the solar in- up prime farmland could stallation boom. do more to destabilize and North Carolina now ranks WAY DAN BY PHOTO CJ diminish the agricultural The former Robbins textile mill where U.S. Sen. John Edwards worked as a teenager is now an asbestos-laden brownfield. Town behind only California for in- economy of North Carolina editions. It’s a more expensive process, ocials want to put new solar installations there, but residents wonder if those plants will cause environmental problems, too. regular contributors, and me. Speaking anecdotally — and not from any stalled solar electric capacity. than any naturally occurring Like others, Morgan wor- threat that he deals with. ries whether sufficient re- you want to with it,” Morgan “What is your decommis- Asbestos and chemicals tection Agency grants. “We really don’t recog- search has been done on said. “But I think you have to sioning plan? If this company contaminate the mounds of State Rep. Chris Millis, nize how fragile our agricul- but the ayoff is worth it we thin . e ll possible harmful materials, be mindful of what its long- bellies up, who is responsible debris from what was once R-Pender, and Rep. Jim- ture system is. Today it’s un- We’re also delighted to add a new legal perspective — state troopers generally substances, and impacts — term effect is going to be.” financially?” she said. a sprawling industrial plant my Dixon, R-Duplin, share der stress,” mostly from low known or yet to be learned Morgan has opposed two Morgan doesn’t want to built in 1924. Other haz- Morgan’s concerns over the prices, and to some degree — on the land and water. She Cypress Creek Renewables see the town suffer a similar ardous materials might be dearth of research about po- due to young people aban- decries the lack of state regu- solar plants — one already blow as when the iconic tex- present inside the security tential hazards from solar doning the farming life of have the opportunity to present more lations to govern decommis- built just outside of Robbins’ tile mill, where former U.S. fence as well. The site is now installations coating 37,000 their fathers, Heiniger said. person to the team: Lindsay Marchello, a are lenient offering a cushion of or sioning of the facilities and town limits, and another ap- Sen. John Edwards worked as the subject of a brownfields acres of North Carolina. Utility-scale solar energy the safe disposal of the solar proved in its extraterritorial a high school student — and cleanup by crews in dou- Dixon introduced House facilities are increasing the panels after they wear out. jurisdiction district in Jan- later announced his run for ble-lined protective suits. Bill 319 authorizing a state pressure on farming by tak- “I’m not a tree hugger. uary — on environmental the presidency — burned to Their contract is paid with continued PAGE 12 continued PAGE 13 compelling images and use them to com- It’s your land. You do what safeguard grounds. the ground in 2008. federal Environmental Pro- 2016 graduate of Columbus State Univer- mph. But, again, who’s to know how fast New look for CAROLINA JOURNAL 200 W. MORGAN STREET, #200 Carolina Journal RALEIGH, NC 27601
plement our storytelling. Fresh new design will tell CJ ONLINE sity in Georgia who helped run the Bay- is too fast? Anything more than 65 mph is,
PERMIT NO. 302 NO. PERMIT stories using more photos, DURHAM, NC DURHAM, jlf.carolina.journal
graphics, and links to
PAID @carolinajournal U.S. POSTAGE U.S. online resources.
A fresh, clean design will highlight the ORG. NONPROFIT PAGE 20 www.carolinajournal.com onet and Saber, a short-lived newspaper technically, a breach of the law. [email protected] visual and verbal aspects of our cover- ser ing the community in ort enning So, then, how can troopers determine — age than s to the ision and efforts of a. arlier this year she did fine wor for by applying any type of metrics, analytics, Designer Greg de Deugd, Managing Editor Reason magazine in Washington, D.C., in or science — whether a slow poke truly is John Trump, and input from the rest of the “why” behind the stories we cover. the internship program founded and fund- im eding traffic? our editorial team. Why these ideas and policies matter, why ed by Winston-Salem native Burton Gray. The Highway Patrol will devise a method- As for the content, we’ll use these elected officials local leaders and orth You’ll see Lindsay’s work in these pag- ology, of course, but the result can be noth- pages to do more analytical reporting and Carolina residents are taking action, and es, online, and in social media. ing but a practice in subjectivity. Much like analysis of North Carolina government — most of all — why you should care. As always, we couldn’t tell any of these the process of determining which speeders and politics. CarolinaJournal.com should We’ll also provide more connections to stories without your generous support. to pull over and when. remain a staple of your daily media diet, CJ’s past, with references to stories we’ve Every month we circulate nearly 30,000 n its face . . is a fine idea and with our re orters and editors offering in- published over the years that remain rel- copies of CJ by mail, another 15,000 as most drivers would welcome its passage. cisive takes on North Carolina news, pol- evant, along with updates to our reports inserts in community newspapers, and But do we really need more laws? itics, and policy — and our Daily Journal for those of you who wonder what hap- another 1,200 through newsstands or here may be other laws related to traffic writers continuing to offer the shar est ened to an elected official or ta funded other outlets. Last year, we had more than safety that can be changed or eliminated,” commentary you ll find anywhere in the program we’ve highlighted. 1 million visits to CarolinaJournal.com. Hardister writes. “I am open-minded to any state. CJ began in 1991 as a 16-page slick Thank you for helping us tell the stories suggestions. But the left-lane passing bill But our print edition will take a longer magazine, published six times a year, that can ma e orth arolina irst in ma es sense. e need to allow traffic to ow view of these important events and mailed to a few hundred readers filled reedom. more freely, which will reduce the likelihood trends. The paper will provide more of with commentary, some original report- — Rick Henderson, editor-in-chief of accidents on the highway.” CAROLINA JOURNAL // JUNE 2017 21 COMMENTARY Both Average pay isn’t the point parties average teacher pay and educa- tional outcomes. It’s the quality of teaching that have age matters. But teachers are no dif- ferent from any other profession- als, in that they vary in quality JOHN HOOD across what statisticians would CHAIRMAN barriers call a “normal distribution.” A few JOHN LOCKE FOUNDATION teachers are spectacular. Some are very good. Many are average. WHEN IT COMES TO elector- ome are ineffecti e. few are al strength, is demography he average pay received by disastrously bad. destiny? Leaders of both major public school teachers in Teachers don’t underperform political parties often seem to North Carolina this year was because they are underpaid. In think so. $49,837, up 4 percent from the most cases, raising their salaries Republicans in North Carolina T2015-16 school year. That was the won’t make them better teachers. and across the country have largest pay hike for teachers in the On the other hand, high-perform- enjoyed significant success in U.S. and boosted North Carolina’s ing teachers often have many recent elections in part because ranking in average pay to 35th. other career options, both inside older voters are the group most Adjusted for cost of living, we rank and outside education. Paying likely to cast ballots — es- 31st in the nation. them more won’t necessarily make pecially in midterm election ee in mind that these figures them better teachers, either, but cycles — and have become more re ect actions ta en last year by it may keep them teaching in our THE QUALITY OF TEACHING MATTERS. Some teachers are spectacular, many likely than not to vote for GOP the General Assembly and former classrooms instead of decamping are average, and a few are just bad. candidates. Republican Gov. Pat McCrory. His to greener pastures. Republicans expect to contin- Democratic replacement, Roy The real story of the past ue to benefit from this trend as Cooper, and the state Senate have several years is that state law- At the same time, they’ve gotten tunity in North Carolina, then older voters form an increasing already released 2017-18 budgets makers have been restructuring rid of compensation practices that these distinctions are of primary share of the electorate. or e - that include another large increase the pay scale for teachers in ways don t result in higher teacher effec- importance. Over time, you want ample, as demographer Rebecca in teacher compensation. So it’s intended to attract and retain high tiveness or student gains, such to structure the compensation Tippett of University of North likely that, unless many other erformers. or e am le lawma - as pay bumps for teachers who and personnel systems of schools Carolina at Chapel Hill has states enact large pay hikes this ers have increased pay more for acquire graduate degrees. so that they encourage high-per- pointed out, our state is project- year, North Carolina’s ranking in teachers early in their careers, If you think of school employ- forming teachers to stay — and ed to gain nearly 2 million new average teacher pay adjusted for which is when the largest gains ees as a political constituency to work in our most challenging residents by 2035, taking North cost of living will end up close to in teacher performance tend to lobbying against other interest classrooms — while encouraging Carolina’s population to about the national median next year. occur. Later in their careers, ad- groups to get as much tax money low-performing teachers either 12 million. Nearly half of them, If you focus on that, you’ll be ditional years of experience don’t as possible during the legislative to im ro e ra idly or to find some 910,000, will be 65 years old or missing the real story. appear to correlate with increases process, then these distinctions other occupation better suited to older. I support the legislature’s teach- in teacher effecti eness which don’t matter a great deal. You may their talents and skills. Surveying this political er-pay raises, but if the intent again isn’t unique to education well think largely in terms of aver- There’s plenty of room for landscape, Democrats in North were simply to raise average pay but is evident in other professions, age teacher pay and cite the state’s debate about whether the s ecific Carolina and across the country to some national benchmark, it as well. national ranking when it is low policies enacted in North Carolina console themselves by arguing would be wrongheaded. Most North Carolina lawmakers have enough to sound like a persuasive over the past three years will work that Millennials are a large vot- peer-reviewed academic studies also funded pay increases and argument for more money. as intended. ut to fi ate on na- ing bloc and lean leftward. Over of the issue find no statistically bonuses for teachers based on But if your goal is to expand tional rankings in average teacher time, they will deliver more significant relationshi between demonstrated high performance. and enhance educational oppor- pay misses the point entirely. and more electoral victories for Democrats, the argument goes. LAW & REGULATION But when it comes to predict- ing the political future, humility is in order. Republicans ought North Carolina should raise age not to assume they will always carry older voters by large mar- gins. Democrats ought not to lmost exactly one months. And all records of and government expen- olds as adults in cases of assume they will always carry year ago, South the case are public, even if diture. While juvenile violent crimes and other Millennials by large margins. Carolina’s Senate the kid is never convicted. North Carolina settings can cost more in serious felonies. On May 4, Circumstances could change. was presented with a mea- If that same 16-year-old is the only the short run, they appear the S.C. House voted unan- Issues or personalities could Asure to raise the default is arrested as a juvenile, state where to result in lower rates of imously for the bill. emerge that scramble the deck. age at which those accused the rocess unfolds differ- recidivism — of young of- With the recent passage Rather than extrapolating a of committing crimes were ently. Parents or guardians the default fenders committing more of “raise the age” bills few statistical trends into the treated as adults rather are involved at each step. age of juvenile crimes in the future. Those in other states, too, that future and then waiting for than as ju eniles. or Depending on the of- additional crimes can cost leaves North Carolina as political prizes to fall into their decades, that age was 16 in fense, the juvenile may be jurisdiction taxpayers far more in the the only place where the laps, successful candidates South Carolina. diverted immediately into remains 16. long run, while of course default age of juvenile and parties will take nothing The distinction matters special programs, coun- subjecting the victims of jurisdiction remains 16. for granted. They will mobilize a lot. If a 16-year-old is seling, mediation, or other future crimes to material House Bill 280 would set their partisan bases, to be sure, charged as an adult, his procedures that don’t look and emotional losses. the default age for juvenile but they won’t ignore the crit- parent or guardian will be much like criminal court. seek to enter college or the On April 27, 2016, S.C. jurisdiction in North Caro- ical wor of finding cost effec- notified but other than The case is sealed, thus work force. senators voted unani- lina at 18, except in cases tive ways to reach and persuade that the case proceeds as ensuring that juveniles Whether such cases mously to approve a bill of serious felonies. swing voters to come their way. if the kid isn’t a minor. Un- are not dogged by criminal end up in the juvenile or to raise the age of juvenile South Carolina lawmak- Yes, demography matters. less released before trial, records — or even arrest adult systems is a decision jurisdiction to 18 for most ers passed their reform. But it is no substitute for the he may be held in jail with records that never lead affecting future rates of crimes, while continuing Can North Carolina let thoughtful practice of politics. hardened criminals for to convictions — as they crime, family formation, to charge 16- and 17-year- them show us up? 22 CAROLINA JOURNAL // JUNE 2017 COMMENTARY
What determines county jobless rates?
a college degree as “screening de- centers were used to capture per- Regarding economic structure, vice” indicating an individual with sonal characteristics that might counties with a higher concen- enough training to be productive. The percentage of deter business hiring. Population tration of manufacturing activity ignificantly the ercentage of adults with college growth was measured since 2010. were found to have lower jobless adults (age 25 and over) with col- The percentage of total county rates. This is probably because lege degrees varies widely among degrees varies widely business earnings in key economic manufacturing has enjoyed a MICHAEL WALDEN the state’s counties, from a low of among the state’s sectors controlled for differences in strong rebound since the end of the COLUMNIST 8 percent to a high of 56 percent. the industrial mix of the counties. Great Recession. Employers not only prefer counties, from a low The statistical results were So what are the conclusions workers who are trained in needed of 8 percent to a high exactly as predicted. On average, from this analysis of county un- he unemployment rate is one skills, but they also want workers of 56 percent. every additional percentage point em loyment rates? irst today s of the most closely tracked who won’t cost them with higher in the adult population with job market values education. One of economic statistics. But in health care expenditures or greater a bachelor’s degree or more is of the challenges for high-unem- any given month in North Caroli- absenteeism. Two potential mea- associated with a 0.05 percentage ployment counties is losing their Tna, the unemployment rate varies sures of these issues — obesity growing and adding jobs while point lower unemployment rate. best and brightest to the state’s big by a wide margin among our 100 levels and serious alcohol and drug others are declining and cutting Every additional percentage point cities. counties. n ebruary of this year usage also show big differences jobs. Therefore, in analyzing the in county adults classified as Second, the results are consis- the jobless rate ranged from a low across the state’s counties. differences in unem loyment rates obese is related to a 0.1 percent- tent with businesses preferring of 4.1 percent in Alexander and Of course, job growth is logically among counties, it’s important to age point higher jobless rate. But a fitter and cleaner” wor force. Orange counties to a high of 15.3 tied to population growth. The recogni e the differences in the every additional percentage point Anything job-challenged counties percent in Hyde County. more people living in a county, industrial makeup of the counties. in county individuals being cared can do to reduce obesity and addic- What’s behind this big dif- the greater the need for jobs to o disentangle the effects of for at alcohol and drug treatment tions among their work force can ference? At the top of the list is provide the products and services these various factors on county centers correlates with an amazing help in job recruitment. education. This is because the used by those folks. While several unemployment rates, I performed 5 percentage point higher county Last, population growth mat- nature of work has changed. Jobs North Carolina counties have had statistical tests of the impacts of unemployment rate. ters. Over one-third of our state’s requiring physical strength (like population growth since 2010 measures of the factors on recent Counties with faster population counties are losing population. It’s my late father did) are now being approaching 10 percent, more than North Carolina county jobless growth were also found to have difficult to increase jobs and lower done by machines and technology. a third of the state’s counties have rates. or educational attainment lower jobless rates. ecifically a unemployment in this situation. More and more human work today actually lost population in recent I used the percentage of adults 1 percentage point higher popula- requires cognitive skills learned years. with a bachelor’s degree or higher. tion growth rate during the past Michael Walden is a Reynolds in school, which often means the Last, the economic prospects County obesity levels and the per- fi e years relates to a . ercent- Distinguished Professor at N.C. State worker needs a college degree. of industries are different. t any centage of the county population age point lower county unemploy- University. He does not speak for the Even more, employers often use time, some industries may be being treated in alcohol and drug ment rate. university. CAROLINA JOURNAL // JUNE 2017 23 COMMENTARY Seeking protection, rather than competition
help alleviate the second source mobility has slowed dramatically How satisfied are you with the opportunity in this nation to of our anger: the feeling that we as well. The odds of children at get ahead by working hard? have lost control of our personal 30 and 40 years old making more 80% destinies. As recently as a decade than their parents have decreased or so ago, Americans believed greatly from levels in the 1970s 70% that if they worked hard, made and 1980s. Regulation gives pause ANDY TAYLOR smart decisions, and persevered to those who wish to hire. We 60% COLUMNIST through life’s inevitable mishaps, now seek protection rather than 50% they would be psychologically competition, leading those who ha y and financially ros erous. are best suited to take advantage 40% mericans are upset. Some Today, there are growing doubts. of an economy that rewards talent are just mildly unhappy, 30% According to Pew, around the turn and industry to become what others seem miserable, of the millennium two-thirds of economist Tyler Cowen calls “the many are plain mad. The NBC 20% us disagreed with the statement complacent class.” 2011 2011 2013 2013 2012 2012 2015 2015 2014 News/Wall Street Journal poll 2014 “success in life is pretty much Americans remain inherently 2001 2010 2010 2007 2007 2003 2002 2005 2005 2008 2008 2004 2006 2009 2004 2006 A 2009 reports that more than half have determined by forces outside our optimistic. The proportion of us believed the country is “on the ● VERY/SOMEWHAT SATISFIED ● VERY/SOMEWHAT DISSATISFIED control.” By 2014 only 57 percent who believe the future will be wrong track” in every month since SOURCE G llup Rese rch of us did. Gallup reports that in better is greater than in most ebruary . ew sur ey 2002, 77 percent of respondents other rich countries. But we’ve reveals most of us have been were satisfied” that mericans lost much of our buoyancy. That dissatisfied” with the way things of less than 3 percent in gross off than we were in the ast. can “get ahead by working hard.” should be a warning to whoever are going ever since January 2004. domestic product. In the 1950s Readers of this publication un- By 2014 the proportion had has political power. Voters in a Several polls show that large ma- and 1960s, 6 percent growth was doubtedly understand the policies dropped to 54 percent. sour mood will turn on you unless jorities of Americans are currently not unusual; during the second needed to generate this level of Americans used to believe com- matters are reversed. The presi- “angry” at the federal government, half of the 1990s, 4 percent was growth. They include low taxes, pensation largely was related to dent pushed expectations into the the political parties, and just the normal. Now policymakers and few regulations, a skilled labor talent and work. You were reward- stratosphere during the campaign. way things are in general. economists seem satisfied with force, and a culture of innovation. ed for the value you added, not ormulating and im lementing But why? This clearly isn’t percent. Unfortunately, that list seems who you knew, what you looked policies to reverse the underlying episodic, caused merely by the Growth is critical because it will ery different from the country s like, or what you might have done causes of our discontent will take election of Donald Trump or stop us from squabbling. If the pie recent economic strategy. Tax in the distant past. We don’t seem time. The presidential election of concern about war breaking out isn t e anding we often fight rates have stabilized, but for cor- to think any of that is true now. 2020 is only 3 ½ years away. The on the Korean peninsula. It is deep with each other over the size of porations, especially, they remain As a result, Americans are 2018 midterms are even closer. It’s and enduring, the result of two our slices. Americans always will too high. Companies and workers eschewing ris and effort. e time to get to work. prominent features of American engage in philosophical debates are tied in red tape. Our education are led to believe the Internet life today. o er fiscal olicy but the distribu- system is losing ground to global economy is incredibly uid and Andy Taylor is professor of political he first is the lac of economic tion of economic resources must competitors, and few Americans that anybody can be the next science at the School of International growth. or a record th con- be positive-sum to prevent deeper feel comfortable starting their te e obs or eff e os but in and Public Affairs at N.C. State secutive year, in 2016 the United con ict. e will be ha ier if we own businesses. 2016 the number of U.S. business- University. He does not speak for the States experienced an increase or at least most of us, are better Many of these policies would es started hit a 40-year low. Social university. Good government built on honesty, openness, transparency
going toward supporting those ical contributions to campaigns for budget included $814,000 to imple- a nonrecurring appropriation of facilities, or to something else? elected officials deciding who gets ment the website, which was to up $2 million “to support the full im- In every case I’ve answered: I the contract? and running by April 1, 2016. plementation of the government don’t know. It seems as if no one ever Imagine my dismay when, at transparency initiative.” Sure, piles of agency documents thought making this information the beginning of this legislative Budget proposals include signif- are available in dusty corners available is important. session, legislators asked me: icant tax cuts, millions of dollars BECKI GRAY of state government buildings, Imagine my delight when in What happened to the money for set aside in savings in case we’re SENIOR VICE PRESIDENT record requests are available, and 2015 a provision in the budget, this project or that? I learned the hit with a natural disaster or eco- JOHN LOCKE FOUNDATION websites hold the buried informa- Session Law 2015-241, set up government budget transparency nomic downturn, pay increases for tion. But there’s a void of easily “Governmental Budgetary Trans- website was never implemented. teachers, and millions of dollars to accessible, user-friendly records parency/Expenditures Online.” It Imagine my delight to see “Gov- ensure all students have an oppor- “SUNLIGHT IS SAID to be the best of how, when, and where our state established a state budget trans- ernment Budgets Transparency/ tunity for a great education. There of disinfectants.” governments spend money. parency website to provide infor- Accountability/Reporting” in the also are investments in infrastruc- Credited to Louis Brandeis from e ha e a eneral und budget mation on budget expenditures for 2017 Senate budget, Senate Bill ture and regulations rolled back so Harper’s Weekly in it was which is filled with lines of a ro- e ery state agency for each fiscal 257. The provision requires a de- businesses continue to create jobs true then, and it’s true today. Shed- priations to pay $22.9 billion in year starting with 2015-16. Coun- tailed report on what happened to — all good things that continue ding light on government leaves it ser ices rograms and benefits. ties, cities, and local education the 2015 requirement, an update of to keep North Carolina’s economy transparent, open, accessible, and When you add the federal money, agencies would coordinate with the coordination efforts with coun- strong and growing. accountable. transportation, and other fees, the Local Government Commission ties and local education agencies, Yet I would argue that a small It’s also harder to do bad things our total state budget exceeds $50 to compile and standardize their and an explanation about the fate provision found on page 344 of when you know someone is billion. We know what that money information on the website. of the $814,000. the Senate budget will have the watching. goes for, but do we know who it With monthly updates, it was It reiterates the provision from greatest impact on North Carolina I’ve heard concerns from legisla- goes to? Do we know where all the required that all information be and re uires state officials moving forward. Honesty, open- tors about where e ible funding block grant money goes? Are funds user-friendly, that it include all to do as they were commanded ness, and transparency are the for universities has gone. What designated for one thing diverted budgeted amounts and actual ex- — set up a website to provide all foundation of good government, happened to money designated for for something else? Who gets the penditures, as well as information budget expenditures for each state and without good government, smaller class sizes, and was enter- state contracts, and is the bidding on receipts and expenditures to agency. The website must be fully we don’t have much else. Let the prise money from airport facilities process fair? Do vendors give polit- and from all sources. The 2015-16 functional by Jan. 1, 2018. There’s sunshine in. 24 CAROLINA JOURNAL // JUNE 2017 CJ PARODY Solar farms, vineyards entwine to promote agritourism
BY SUNNY DAZE the site to be a major tourism draw. ENVIRONMENTAL CORRESPONDENT After the tour is over, visitors can ELIZABETH CITY Phase Two of the enjoy a complimentary glass of campaign would wine while they use some free solar he North Carolina Solar Pow- electricity to charge their mobile er Association is battling the build a joint-use devices. perception that utility-scale demonstration Gerlach said he envisioned a solar installations, also called so- layout similar to a “checkerboard Tlar farms, are “just plain ugly,” the project with grape pattern,” with rows of panels sep- group’s spokeswoman, Caitlyn vines and solar arated by similar-sized grape trel- Vines, told Carolina Journal. lises. He said the project should be The group announced a two- panels on the same efficient as wor ers could clean the phase campaign, named “Sun to property, funded panels when they were not tending Sip,” linking the state’s solar farms the vines. with its vineyards and wineries. in part by Golden While the competition for the The state’s lead tourism promoter, LEAF. olden grant is o en to any Visit North Carolina, and the non- organization in North Carolina, he rofit olden oundation will believes the state might have some join in the effort. tors in April approved an $18.4 perfect sites ready to go. “I believe
Phase One is an “awareness DEUGD DE GREG BY PHOTO FAKE VERY CJ million grant that will go to the the state’s megasites, originally campaign” that will promote so- SUN TO SIP: Here’s to wine and solar farms. organization developing the most established to attract automobile lar farm tours in conjunction with promising solar panel/vineyard manufacturing plants, would be vineyard and winery tours. “With joint-use project. suitable locations for the joint use more than 400 vineyards and 185 olden resident an project, and there is no way North wineries here, you can map your NCSPA has developed several re- funded in art by olden . Gerlach told CJ his organization Carolina is going to attract three or way through our wine trails, sa- gional tours the group says would The General Assembly estab- would be a natural to help under- four automakers,” he said. vor every stop, and, possibly, use interest wine aficionados who also lished the olden ounda- write the “Sun to Sip” initiative. Visit North Carolina, a business free electricity to charge a mobile a reciate the benefits of renew- tion to collect a portion of lawsuit “Solar farms and vineyards unit of the Economic Development phone from a nearby solar farm,” able energy. settlement funds from cigarette have been created on land that may Partnership of North Carolina, Vines said. Phase Two of the campaign manufacturers. It makes grants for have been used for tobacco farm- leads the state’s tourism develop- Many of North Carolina’s more would build a joint-use demonstra- a variety of economic development ing, so we were happy to take the ment program under contract with than 300 solar farms are near com- tion project with grape vines and projects across the state. lead on this project,” Gerlach said. the North Carolina Department of mercial vineyards and wineries. solar panels on the same property, olden s board of direc- Gerlach said his board expects Commerce.
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