August 08 Newsletter

The NC Green Industry Council and the NC Department of Agriculture and Consumer Services launched a cam-paign this spring, March-May 2008, to educate the public about how they can successfully grow plants in the home land-scape even during periods of drought and water restrictions.

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

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

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

The media campaign was supported by a $192,853 grant from the Golden LEAF Foundation, a $30,000 grant from the NC Agricultural Consortium, $50,024 from USDA, $43,823 from NCDA&CS and $61,583 cash and in-kind from the NC Green Industry Council. TV ads ran across the state from late April through early June, with emphasis on the Triangle, Triad, and Charlotte regions where plant sales have been most effected. Radio ads ran in late March in the Raleigh and Charlotte regions. Full page print ads were placed in Our State magazine in the May and June issues. Barb Fair, NCSU landscaping specialist, coordinated development of the seven Water Wise Works steps, content for the ads, and a new con-sumer brochure.

The media ad campaign targeted consumer age 25-54. The total number of consumers reached through the ads in-cluded:

TV: 3,108,109 Radio: 200,177 Magazine: 776,070 Agricultural Review: 49,000

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

Water Wise Works ~ Launched Across NC

President’s Letter - Doug Berlin

2008 Board of Directors

President,

Doug Berlin New Garden Nursery

1st VP

Daniel Currin Greenscape, Inc.

2nd VP

Dennis Niemeyer Magnolia Ridge Farm

GIC Exec. Director

Sheryl Bynum

Past President Louise Hodges

Arterra Landscape

Region I, Asheville Dennis Niemeyer

Magnolia Ridge Farm

Region II, Hickory Deward Clark

Creative Landscape Designs

Region III, Greensboro Matt Hunter John Deere Landscapes

Region IV, Charlotte

Buddy Murrow Shepherds Supply

Region V, Raleigh

John Jacobs John Deere Landscapes

Region VI, Wilmington

Mike Hudson Sampson Nursery

Region VII, Greenville Bill Scott

NCNLA

Exec. Director Ron Gelvin

NCNLA Rep. David Autrey

Millstone Cove Farms

NCCFG Exec. Director

Bonnie Holloman

NCCFG Rep. Robert Milks

Van Wingerden Intl.

TCNC/NCSPA Exec. Director

Charles Tomlinson

TCNC Rep. Steve Dorer

Syngenta

NCSPA Rep. Steve Carroll

SODCO Turf Producers

Return on Investment As the Green Industry Council (GIC) continues the effort to Promote and Protect the Green Industry it is important to take measure of our successes through the first half of 2008. Though counties across the state continue to battle drought conditions, members have made signifi-cant progress to position the GIC as the advocate for Green Industry associations across North Carolina. GIC lobbyists Larry Bewley and Dick Carlton, along with consultants Bruce Adams and Tom Ash remain instrumental to our success in both state and municipal legislatures. Bruce and Tom have spent countless hours with the Governor’s staff, Legislators, Mayors, Municipal Man-agers, and State Agencies to strengthen the GIC position and promote responsible water conservation. The legislative report, updated regularly on the GIC website, outlines specific bills and legislative issues directly impacting the Green Indus-try. Notable bills in which the GIC was able to position favorable amendments include:

Governors Drought Bill Irrigation License Bill (hat-tip CIA and Bill Sparrow) Legislative Funding Bill (allows for a $300,000 partnership to be formed between the GIC and NCDA for Water Wise Works pro-

motions) In March the GIC in partnership with NCDA secured a Golden Leaf Foundation grant of $215,000. The grant funded a public information campaign to educate and promote outdoor water conservation practices. As Green Industry revenues continue to decline due to the drought of 2007/2008 the campaign’s goal was to strengthen consumer demand for green industry products. Special thanks to NCDA Steve Troxler and NC Farm Bureau President Larry Wooten for support and assistance in securing the Golden Leaf grant. Green Industry Promotion The Water Wise Works campaign has garnered support for the Green Industry across North Carolina. Together with the Golden Leaf grant, NCDA contributions, GIC dollars, and in-kind contributions the campaign total amounted to over $386,000. The NCDA, with assistance from the GIC PR committee, produced radio, TV, print, and online ads promoting Water Wise Works.

Radio: ads began appearing in March, and with the help of our spokesman, NCSU Bryce Lane, the ad reached over 200,000 people.TV: over 3 million households tuned in to watch Bryce bring the first of four new television spots promoting landscape water con-

servation methods. Be on the lookout for 30-second spots during ABC 45 Better Business Bureau news segments through the remainder of August.

Print: ads placed in the May and June volumes of “Our State Magazine” reached nearly 750,000 readers. Online: NCDA reports an increase of visitors to NCNLA’s website, www.tarheelgardening.com, as the Water Wise Works cam-

paign directs consumers to the website for more information. Special thanks to NCNLA leadership for their support and finan-cial contributions to the Water Wise Works campaign and achieving our Legislative goals.

The GIC PR committee remains dedicated to the promotion of Water Wise Works and responsible conservation measures. A point-of-purchase display for retail garden centers and box stores is currently being developed to distribute our brochure and new promotional ban-ners. Planning for the fall promotions is under way with the committee considering a new brochure covering the basics of watering, along with billboard locations and soft news releases which will continue to build awareness. Chestin Salisbury, through a personal donation of his time and talents, gave the GIC webpage a much needed upgrade. Check out the web-site, www.ncgreenindustrycouncil.com, to find legislative updates, promotional news, and committees you can become active with. Water Restrictions Water restrictions, which continue to challenge our industry, remain at the forefront of our efforts to bring positive improvements. GIC is actively working to open a dialogue with the Utility Commission to propose establishment periods for the newly released restrictions on com-munity well systems. Progress at the regional level is frustratingly slow and tedious; however, strong partnerships are forming as regional leaders work with local municipalities. Providing basic information to municipal leaders on water conversation measures and the importance of landscapes in protecting our environment and economy has brought about positive changes in attitude towards the Green Industry. Battle Warriors The GIC has established itself at the state and local levels as a credible and viable organization with a clear understanding of the importance of water conservation. Many selfishly dedicate countless hours of time and energy to the GIC with one common goal: Promote and Protect the Green Industry.

Larry Bewley and Dick Carlton were in the lobbing “zone” quickly turning around terms in the Drought Bill and Irrigation Li-cense into favorable positions for the Green Industry.

Mark Peters and Doug Chapman, our GIC legislative team leaders, continually gave 15-20+ hours a week to be at hearings as bills were negotiated and rewritten

Daniel Currin and Buddy Murrow are heavily involved at the state level to bring about further relief from restrictions at the re-gional level.

Steve Dorer, Bill Sparrow, John Marmorato, Dennis Niemeyer, and Member Organizations work on the front lines building legislative relationships and assisting in promotional projects for the GIC.

Barbara Fair (NCSU), Tom Monaco (NCSU), Debbie Hamrick (NC Farm Bureau), NCDA team Ross Williams, Bill Glenn, John Aydlett, and John Snipes have contributed a great deal to our legislative and promotional success as GIC advisors.

Sheryl Bynum (GIC Executive Director) has been budgeted for more hours as she continues to support GIC efforts. Continued Investment The GIC celebrates our successes and will continue to work to ensure a positive return on invested time, energy and dollars. Promotional grants, PR campaigns, legislative and regional efforts continue to pay dividends as the GIC builds awareness in North Carolina. The Green Industry will face challenges through the remainder of ’08, but the support of professionals across the state through sponsorship and contribu-tions will continue to provide One Voice One Purpose.

New “Water Wise Works” Brochures

2008 Board of Directors

NCCTA Exec. Direc-

tor Linda Gragg

NCCTA Rep. Tracy Taylor

CIA Exec. Director

Linda Morris

CIA Rep. Doug Berlin

CAA Rep. Stephen

Zimmerman

CGMA Rep. Rick Hager

NCPNPA Rep. Jerry Holder

NC Farm Bureau

Debbie Hamrick

NCSU Advisor Dr. Tom Monaco

NC A&T Advisor

Dr. Marihelen Glass

NCDA & CS Bill Glenn

NCSU Advisor

Extension Dr. Barb Fair

NCLCRB Advisor

Sandra Kelly

Legislative Co– Chairs Mark Peters

Piedmont Carolina Nursery

Doug Chapman

Plantworks Nursery

Lobbyists

Larry Bewley Dick Carlton

A new comprehensive brochure designed to help homeowners manage lawns and landscapes while maximizing water efficiency has been printed and is ready for distribution.

This brochure was produced and distributed as part of the NC Green Industry Council’s efforts to educate consum-ers about using water efficiently in new and established lawns and landscapes. As hot, dry weather approaches, it is important for everyone to manage water resources carefully. 200,000 copies will be distributed statewide and available at garden centers, nurseries, county extension offices and through realtors and municipal water suppliers.

Publication and distribution of this brochure was made possible by support from the NC Golden Leaf Foundation, the NC Green Industry Council, the NC Cooperative Extension Service, the NC Department of Agriculture and Consumer Services, and the NC Nursery and Landscape Association. Many thanks to the PR Committee for their contribution on this brochure and a special thanks to Dr. Barb Fair, NCSU Extension Specialist, for her work on the content. (Partial view of the brochure)

Notes from the Executive Director - Sheryl Bynum

The Green Industry Council held it’s second quarter board meeting on May 6th. Thanks go to the NC Flower Growers Association and Bonnie Holleman for hosting the meeting at their Raleigh office. Board members attending were: David Autrey, Doug Berlin, Larry Bewley, Sheryl Bynum, Dick Carlton, Steve Car-roll, Doug Chapman, Deward Clark, Daniel Currin, Ron Gelvin, Marihelen Glass, Debbie Hamrick, Linda Gragg, Bonnie Holleman, Robert Milks, Buddy Murrow, Mark Peters, Charles Tomlinson and & Stephen Zimmerman. Ad-ditional guests attending were John Snipes and David Williams. Although we delayed the newsletter going out a bit this quarter; we felt it was more important to wait until the legis-lative session had adjourned so we could provide you a final comprehensive report. The GIC was focused on several important issues and as you will see from the year end legislative reports (pgs. 4,5,&6), we were successful on sev-eral critical fronts. I encourage you to read this information - our success demonstrates how much more effective we are as a unified group working together. There are strength in numbers! We owe a great deal to our dedicated team of executive board members, task force volunteers and our lobbyists, who traveled many miles and gave a lot of hours working to make sure our issues remained in front of legislators at all times. Getting a bill through the legislative process is not a sprint—it’s a marathon!

A note of appreciation again to Chestin Salisbury with LawnCareMarketingMagic.com for his ongoing work with the GIC to develop our new website. The new site has been up and running for several months, has a great deal of information and is user friendly. We continue to add new information to the site and look for ways to improve it. For information on his company, check out his website. *Lawn Care Marketing Magic works with green industry businesses to help grow business by 50-100% in 120 days or less.*

2008 Legislative Short Session Ends With Significant Accomplishments for the Green Industry

by - Mark Peters GIC Legislative Committee Co-Chair The drought was front and center in this legislative session with HB2499/S1879 Drought/Water Management Recommendations proposed by the Gov-ernor’s office and DENR the main focus. After numerous hearings, committee meetings and strenuous lobbying efforts by all concerned (especially the GIC) the bill was finally passed. The key aspects concerning the green industry are: 1. Most significant to the green industry is the rewritten definition of “essential water use”. The definition now includes the phrase; “and a minimum amount of water necessary to maintain the economy of the State, region or area. This change in the essential water use definition was a direct result of GIC input and lobbying efforts and should establish a legal basis by which no water purveyor can ban outdoor water use. 2. NCDA and the NC Farm Bureau successfully negotiated a compromise solution where the proposed bill would have lowered the required water use reporting threshold for agricultural water users from 1 million gallons per day to 100,000 gallons per day. The compromise allows NCDA to con-duct an annual study of agricultural water use based on usage of 10,000 gallons or more per day. Response to this study would be completely confiden-tial. 3. We encourage all green industry businesses to report their water usage through this study. This data “may be used as evidence of historic water use in the event that it becomes necessary or desirable to allocate available water resources among specific classes, persons, or individuals who use water resources.” 4. Private Wells remain exempt from water restrictions but will be studied as part of the on going ERC study. 5. The EMC was directed to adopt rules that would “encourage and promote safe beneficial reuse of treated wastewater. The GIC was successful in having experts from NCSU included in the creation of water efficiency standards for in-ground irrigation systems (work on these standards is already underway). The Irrigation Contractor’s Licensure Bill was supported by the GIC and passed. The Carolinas Irrigation Association will be giving a full report on the license act in this newsletter. The passage of this bill is a huge step forward in professional training requirements and professional recognition for landscape irrigation contractors as well as an opportunity for the green industry and landscape irrigation contractors to show our strong commitment to water use efficiency and water conservation through professional training and practices. Our efforts to protect green industry businesses and encourage consumers to continue buying plants, sod and green industry services was bolstered by our consumer water conservation education program. Initially, this effort was financially supported by the Golden Leaf Foundation, the Ag Advance-ment Consortium, NCDA and sponsorship dollars from GIC members allowing the GIC to produce a series of radio and TV ads promoting water con-servation. As a result of our lobbying efforts in this legislative session we have received $300,000 from the agricultural drought relief funding package to continue our water conservation education program called “Water Wise Works”. These funds will be administered by NCDA and will allow us to print more brochures and distribute them throughout North Carolina and continue our consumer awareness campaign. All in an effort to protect and preserve green industry businesses in our state! Many thanks to our generous sponsors, expert consultants, highly effective lobbyists and legislative team and GIC staff of dedicated individu-als for their efforts on behalf of the entire North Carolina green industry.

Irrigation Licensing To Be Required - Bill Sparrow (CIA)

The NC Green Industry Council and The Carolinas Irrigation Association are pleased to announce that the North Carolina General Assembly ratified House Bill 2353 which authorizes The North Carolina Irrigation Contractor’s Board. This nine member board will be appointed to administer and enforce the provisions of Chapter 89G of the NC General Statues which will require that persons engaging in the practice of irrigation construction or contracting are duly licensed. The Board will be appointed this fall and the Bill will become effective January 1, 2009. The Board is charged with putting in place the rules and procedures necessary to issue irrigation licenses to applicants and to set minimum standards for water conservation and efficiency in the practice of irrigation contracting. The Board will also establish best management practices to be followed by irrigation contractors. This new irrigation license effects residential and commercial irrigation contracting, as Agricultural,golf course, waste water, mining, and commercial horticulture irrigation are exempted from the legislation. Persons wishing to obtain irrigation licenses will need to apply to the Board once procedures and forms are available. The Board will adopt testing methods and others means of establishing competence for new applicants and those seeking “Grandfather” status. Licenses will need to be renewed yearly and continuing education requires will need to be met. More specific information will be available once the Board is appointed and contact phone numbers and addresses are established. The GIC and CIA would like to acknowledge the assistance of all those who helped in getting this historic legislation passed.

GIC LEGISLATIVE REPORT

Larry Bewley & Dick Carlton

GIC Lobbyists

The North Carolina General Assembly finally adjourned their two year session shortly before 5pm on Friday, July 18, 2008. Over the past two year period, the NC General Assembly dealt with 4,979 bills, enacting some 766 new laws. Key Year-End Legislative Issues for GIC • HB2353 – Irrigation Contractors – See Page 2 • HB2499 – Drought/Water Management Recommendation – See Page 4 Funding for GIC Drought

In approved Budget: Water Conservation Education - $ 75,000 Water Conservation Promotion - $225,000

$300,000 Other issues of concern to GIC members during the 2007/2008 legislative session that we were tracking/working: HB822 – Environmental Technical Corrections 2007 – On 7/2/08, HB822 was changed to “Prevent Agricultural Pesticide Exposure” and passed Senate on 7/9/08 and presented to the Governor on 7/10/08. HB904 – Duplicate Drivers License Requirements - Died in Senate Rules Committee SB150 – Outdoor Adv. Vegetation Removal Changes - Passed Senate and Died in House Commerce SB842 – Extend Nutrient Offset Payment Sunset died in House Environment. SB1259 – No Liability/Water Meets Water Standards – Passed both chambers and sent to the Governor on July 18, 2008. SB1259 states “A supplier of water regulated under this Article shall not be deemed to provide any warranty under Article 2 of Chapter 25 of the General Statutes, including an implied warranty of merchantability or an implied warranty of merchantability or an implied warranty of fitness for a particular purpose.” Key GIC 2008 Issues HB2353 – Irrigation Contractors – Ratified Bill - Bill must have the words “Ratified Bill” under Bill Number or it’s not what was enacted.

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

89G-1 Definitions

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

89G-3 Exemptions

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

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

(12) A wastewater contractor certified under Article 5 of Chapter 90A of the General Statutes who performs only the construction of or repairs to a wastewa-ter dispersal system. (13) A public utility contractor licensed under Article 1 of Chapter 87 of the General Statutes. (14) A plumbing contractor licensed under Article 2 of Chapter 87 of the General Statutes who performs only the following work: installation, repairs, or maintenance of water mains, water taps, service lines, water meters, or backflow prevention assemblies supplying water for irrigation systems; or repairs to an irrigation system. (15) Any person performing irrigation construction or contracting work for a golf course. (16) Any person maintaining or repairing an irrigation system owned by the homeowners association of a planned community and located within the planned community's common elements as defined in G.S. 47F1103. 89G-13. Injunction to prevent violation; notification of complaints. SECTION 4. Any person who can document 10 years in business as an irrigation contractor as of the date this act becomes effective, can document compe-tency in the practice of irrigation contracting, as determined by the Board, and meets all other requirements and qualifications for licensure may be issued an irrigation contractor's license under Chapter 89G of the General Statutes, as enacted by Section 1 of this act, without the requirement of examination, pro-vided that the person submits an application for licensure to the Board within 180 days of the date this act becomes effective. SECTION 5. The Board must annually review the fees set out in G.S. 89G10 of this act to determine whether these fees reflect the actual cost of adminis-tering this act and seek legislative changes to the fees if necessary. SECTION 6(a), 6(b) - not our issue – will not be in our statutes when printed in law books. SECTION 7 – Effective Dates - 89G-4, The NC Irrigation Contractors Licensing Board takes affect on or before October 1, 2008. The remainder of HB2353 becomes law January 1, 2009.

Legislative Report (cont’d)

II. HB2499/SB1879 – Drought/Water Management Recommendations - Governor has signed this bill.

We are now reviewing the different votes on this issue and the different amendments so we can track which legislators voted with and/or against our issues. Key sections of HB2499 – LISTED HERE ARE SECTIONS 3 AND 16 THAT GIC WORKED ON. SECTION 3 – 145-350 Definitions (this is a major victory for GIC) (3) "Essential water use" means the use of water necessary for firefighting, health, and safety; water needed to sustain human and animal life; and water neces-sary to satisfy federal, State, and local laws for the protection of public health, safety, welfare, the environment, and natural resources; and a minimum amount of water necessary to maintain the economy of the State, region, or area. SECTION 16, G.S. 143-355.1 – Drought Management Advisory Council’ drought advisories. (a) The Department shall establish a Drought Management Advisory Council. The purposes of the Council are: (1) To improve coordination among local, State, and federal agencies; public water systems, as defined in G.S. 130A313 (10); and water users to improvethe management and mitigation of the harmful effects of drought. (2) To provide consistent and accurate information to the public about drought conditions, on drought conditions in the State to the U.S. Drought Monitor, the Environmental Management Commission, the Secretary, the Environmental Review Commission, and the public. (b) The Department shall invite each of the following organizations to designate a representative to serve on the Council: (1) North Carolina Cooperative Extension Service. (2) State Climate Office at North Carolina State University. (3) Public Staff of the Utilities Commission. (4) Wildlife Resources Commission. (5) Department of Agriculture and Consumer Services. (6) Department of Commerce. (7) Department of Crime Control and Public Safety. (8) National Weather Service of the National Oceanic and Atmospheric Administration of the United States Department of Commerce. (9) United States Geological Survey of the United States Department of the Interior. (10) United States Army Corps of Engineers. (11) United States Department of Agriculture. (12) Federal Emergency Management Agency of the United States Department of Homeland Security. (c) The Department shall also invite other agencies and organizations that represent water users, including local governments, agriculture, agribusiness, forestry, manufacturing, investorowned water utilities regulated by the North Carolina Utilities Commission, and others as appropriate, to designate a repre-sentative to serve on the Council or to participate in the work of the Council with respect to particular drought related issues. (This gives GIC the opportunity to work with the Drought Management Advisory Council) SECTION 19. (a) 47C3122. Irrigation of landscaping. (Condominium Act) Notwithstanding any provision in any declaration of covenants, no requirement to irrigate landscaping shall be construed to: (1) Require the irrigation of landscaping, during any period in which the U.S. Drought Monitor, as defined in G.S. 143350, or the Secretary of Environ-ment and Natural Resources has designated an area in which the association is located as an area of severe, extreme, or exceptional drought and the Governor, a State agency, or unit of local government has imposed water conservation measures applicable to the area unless: a. For covenants registered prior to October 1, 2008, the covenant specifically requires the irrigation of landscaping notwithstanding water conservation measures imposed by the Governor, a State agency, or unit of local government. The association may not fine or otherwise penalize an owner of land for viola-tion of an irrigation requirement during a period of drought as designated under this subdivision, unless the covenant specifically authorizes fines or other pen-alties. b. For covenants registered on or after October 1, 2008, the covenant must specifically state that any requirement to irrigate landscaping is suspended to the extent the requirement would otherwise be prohibited during any period in which the Governor, a State agency, or unit of local government has imposed water conservation measures. The association may not fine or otherwise penalize an owner of land for violation of an irrigation requirement during a drought designated under this subdivision, unless the covenant authorizes the fines or other penalties. This authorization must be written on the first page of the cove-nant in print that is in boldface type, capital letters, and no smaller than the largest print used elsewhere in the declarations of covenants. (2) For purposes of this section, the term "landscaping" includes lawns, trees, shrubbery, and other ornamental or decorative plants." SECTION 19. (b) Article 3 of Chapter 47F of the General Statutes is amended by adding a new section to read: 47F3122. Irrigation of landscaping. (NC Planned Community Act) Notwithstanding any provision in any declaration of covenants, no requirement to irrigate landscaping shall be construed to: (1) Require the irrigation of landscaping, during any period in which the U.S. Drought Monitor, as defined in G.S. 143350, or the Secretary of Environ-ment and Natural Resources has designated an area in which the association is located as an area of severe, extreme, or exceptional drought and the Governor, a State agency, or unit of local government has imposed water conservation measures applicable to the area unless: a. For declarations of covenants registered prior to October 1, 2008, the covenant specifically requires the irrigation of landscaping notwithstanding water conservation measures imposed by the Governor, a State agency, or unit of local government. The association may not fine or otherwise penalize an owner of land for violation of an irrigation requirement during a period of a drought as designated under this subdivision, unless the covenant specifically authorizes fines or other penalties. b. For covenants registered on or after October 1, 2008, the covenant must specifically state that any requirement to irrigate landscaping is suspended to the extent the requirement would otherwise be prohibited during any period in which the Governor, a State agency, or unit of local government has imposed water conservation measures. The association may not fine or otherwise penalize an owner of land for violation of an irrigation requirement during a drought designated under this subdivision, unless the covenant authorizes the fines or other penalties. This authorization must be written on the first page of the cove-nant in print that is in boldface type, capital letters, and no smaller than the largest print used elsewhere in the declarations of covenants. (2) For purposes of this section, the term "landscaping" includes lawns, trees, shrubbery, and other ornamental or decorative plants."

Federal News Update

2008 Farm Bill Passes by Corey Conners ANLA

After having been passed, vetoed, and overridden twice, the 2007 Farm Bill has become public law. The legislation dedicates ap-proximately $3 billion dollars over five years for specialty crops, including funding for pest and disease, nutrition, research, and conservation priorities. As has been reported previously, none of this funding will go to direct payments or subsidies, but rather to infrastructure and marketing investments intended to bolster specialty crop agriculture in the United States. Now that the Farm Bill has become law, the Specialty Crop Farm Bill Alliance has shifted focus from legislative advocacy to regulatory implementa-tion of the farm bill. ANLA will participate on the Alliance’s implementation committee, focusing primarily on three areas: re-search, pest and disease program, and disaster funding.

ICE, DOL Auditing Nurseries

Increased I-9 and immigration compliance audits of businesses are expected. To prepare, ANLA has revised employer guidance and posted it at www.anla.org under What’s New. ANLA also reports an uptick in DOL wage and hour investigations targeting nursery and employers using the H-2A agricultural guest worker program. Auditors are closely scrutiniz-ing job descriptions and performance of non-agricultural work that can result in the loss of the agricultural overtime exemption. ANLA is updating DOL audit guidance, and members with questions may also contact ANLA’s labor consultant, Monte Lake at 202-457-7770

H2-B Guest Worker Program

Opponents of the H2-B guest worker program are becoming increasingly more vocal on Capitol Hill. Senator Bernard Sanders (I-VT) sponsored a briefing intended to highlight alleged H-2B program abuses. During the briefing, Mary Bauer from the Southern Poverty Law Center, H-2B worker Sony Sulekha, and others suggested that the structure of the H-2B program allows systemic abuses of H-2B workers. They called on Congress to impose a host of costly new requirements on the H-2B user employers, which would make the program as difficult to use as the existing H-2A program. Despite the attacks, ANLA and congressional allies continue to look for opportunities to pass H-2B relief. For example, Senate armed Services Chair Carl Levin (D-MI) said he expects H-2B and other immigration-related amendments to be offered to the Defense Authorization bill when it is considered on the Senate floor after the July 4 recess. It is one of the few remaining bills in this Congress that are considered “must pass” items.

Farm Bill Provisions for Receiving Disaster Assistance All agricultural producers—fruit/vegetable producers, nursery, sod, greenhouse, Christmas tree, aquaculture, beekeep-ers, herbs, etc.--should know that a specific provision in the new farm bill requires that they buy NAP or federal crop insurance in order to participate in any disaster program assistance. The United States Department of Agriculture (USDA) announced the provision July 11, 2008. To participate in any disaster program, the producer must have federal crop insurance or non-insured crop disaster as-sistance (NAP) coverage, if federal crop insurance is not available to them for purchase. The USDA also announced a waiver this year from the deadline requirements for this "buy-in fee." The new deadline for paying the $100 fee is Sept. 16, 2008. By purchasing this one-time/one-year disaster coverage, producers are then eligible for Fiscal Year 2008 disaster programs. If producers do not purchase this coverage and do not have federal crop insurance or NAP coverage, they will be ineligible for any Fiscal Year 2008 disaster program participation. This disaster payment does not afford producers regular crop insurance or NAP coverage, but simply allows them to participate in any FY2008 disaster programs. Interested producers should immediately contact their county FSA office. (http://offices.sc.egov.usda.gov/locator/app?state=nc&agency=fsa) - Debbie Hamrick, Director Specialty Crops NC Farm Bureau

GIC Region Reports

Region 4 News Contractors from Region 4 met at the Caterpillar dealership in Charlotte on April 19th for the first contractor training seminar sponsored by the Green Industry Council of NC. There were 29 contractors present representing landscape, irrigation, and lawn maintenance companies from Charlotte, Greensboro, and Raleigh. The meeting was opened by Buddy Murrow, Region 4 Representative. Mark Peters from the GIC Executive Board explained to the group updates from other parts of the state. Daniel Currin represented Region 5 at the seminar. Tom Ash from HydroPoint Data Systems conducted the training session titled “Learn How to Save Water by Watering Efficiently”. There were three portions of the training.

What is the water/landscape situation in North Carolina today and the outlook for the future? What is a water efficient landscape and how do you build more revenue through water conservation type services? What is a “smart” irrigation controller and how can it drive business and help limit future water restrictions?

Door Prizes were given at the end of the seminar including a Toro Intelli-Sense Controller contributed by STI, annual flats contributed by Baucom’s Nursery, and a pallet of sod from Super Sod. Comments from contractors after the meeting were very favorable. There were a number of follow-up questions the next week. The Intelli-Sense controller won as a door prize was given back to Region 4 to be used on an additional test site. Total funds contributed for the training was $1250.00. - Buddy Murrow Region 4 Representative Region 5 News Efficient Irrigation Training Class The GIC in conjunction with STI held a half day training program on May 15th for Triangle Area contractors on smart irrigation. GIC consultant Tom Ash led the first half of the class focusing on efficient irrigation design and management. Tom comes from California where 5 inches of rainfall is average and water shortages have been the norm for the last 20+ years. Tom continues to help the green industry to get involved locally so that we will have a voice on water issues. The industry will need to take a proactive ap-proach by coming to the table with solutions instead of complaints. We learned we can provide solutions through efficient irrigation practices and smart irrigation technology that helps to conserve water. These same solutions are also great up-sell opportunities for contractors. Though drought and water restrictions create a tough business environ-ment for irrigation sales they also create public awareness of the need to do things different. It’s important that we educate our customers on options to improve their irrigation systems and ways to become more efficient, such as ET controllers, new heads with improved spray patterns or even cisterns that collect rain water that can be used to irrigate. Our goal as an industry needs to be to create a culture of year round water conservation so that in the future we may be able to potentially avoid the severities we suffered this past year. ** All funds raised at the event went towards the lobby efforts of the CIA’s certified irrigation contractors bill. - Daniel Currin, 1st VP GIC

GIC Grassroots Software ‐Sheryl Bynum

On the subject of legislation, this year the GIC purchased Grassroots software which will make us much more cohe-sive and effective as a lobbying group. This software will allow you as a voter to reach out to your legislators when we are following an issue that may need action from our members. It has the potential for us to reach out in huge numbers and be heard. Our biggest challenge to making this an effective tool, is getting our members to sign up for the Grass-roots program. Two emails have already gone out to members asking them to sign up for this program, but we still have a large percentage of our members who need to sign up. There will be an opportunity to sign up at the GIC booth at the Summer Show Aug. 14-15. It only takes a minute to do this and building this program will ultimately be one of your and our best ways to affect legislation. Stop by the GIC booth and please sign up! You can also sign up by visiting our website www.ncgreenindustrycouncil.org and click on the link at the top that says Grassroots. Questions-email: sheryl@ncgreenindustrycouncil.org

NC Farm Bureau

Offshore Energy Production and Long Term U.S. Energy Policy Jake Parker, National Legislative Director, NCFB

Four dollar per gallon gas and rising prices are a burden for consumers and business owners across the state. There is little relief in sight, and few short term solutions are available to solve these complex problems. However, long term solutions such as offshore energy production may help break our national dependence on foreign energy sources. Due to political pressure from their constituents our U.S. Representatives and Senators appear to be willing to make some adjustments to our national energy policy. To a certain extent, Congress has already begun this effort by increasing our nation’s commitment to renewable fuels. The Energy Policy Act of 2005 established a federal renewable fuel standard (RFS) to encourage the modest development of biofuels such as ethanol and biodiesel. In 2007, Congress expanded the RFS to require the production of 9 billion gallons of renewable fuels in 2008. Under this more robust RFS, the U.S. must produce 36 billion gallons of renewable fuels by 2022, the vast majority of which will be derived from second generation energy sources like cellulosic ethanol. The 2008 Farm Bill also contained provisions relating to biofuels, and Congress isworking on legislation to extend biodiesel and wind tax credits. Despite these first steps, there is much more to be done. NCFB strongly supports a comprehensive national energy policy that would enable the U.S. to make better use of our natural resources in supplying energy to the nation. A key element of this comprehensive policy is offshore energy production. Although this is certainly a controversial issue in North Carolina, it is one our state and federal leaders must not shy away from. High energy prices will in all probability continue for some time. Strong global demand for oil and natural gas is not likely to ebb anytime soon, especially as heavily populated nations such as China and India become more affluent. Political instability in the Middle East and other oil producing nations means U.S. consumers will remain dependant on a precarious energy supply. The fact is a vast majority of the oil and natural gas consumed by Americans originates from nations who are hostile to the U.S. Our current energy policy is unsustainable. Meeting America’s future energy needs requires a full arsenal of solutions, including offshore energy production. Indeed, geological surveys suggest there are sizable energy supplies on the Outer Continental Shelf, especially for natural gas. Current law, however, prohibits the development of these resources. Specifically, offshore energy production is barred along portions of the east and west coast by federal statute and presidential order. There are a number of proposals pending in Congress that would lift the current statutory ban and provide states with the option of allowing offshore production. In exchange for allowing offshore energy development, states would be entitled to a share of production royalties. If the current federal ban is lifted and North Carolina agrees to allow offshore energy production, the state would receive a substantial influx of revenue that could be used for beach renourishment and other important initiatives. Offshore energy development would also create good, high paying jobs across the state. As always with Congress, it remains to be seen whether the political will exists to lift the ban on offshore energy production. Election year politics will likely dull congressional desire to make dramatic policy decisions. Still, now is the time for North Carolina’s green industry and agriculture to express our support for these common-sense solutions that can alleviate at least part of our nation’s energy problems.

GIC Member News

NCNLA

Things are busy in the NCNLA office this summer. We have conducted our first Certified Plant Professional test in May and our annual Certified Landscape Technician test in June. We had 30 new CPP candidates and 8 new CLT’s. We have attended several shows promoting the NCNLA Buyers Guide and still have PANTS and the Summer Green Show to distribute. We are busy preparing the 2009 version of the NCNLA Buyers Guide which will begin distribu-tion at the 2009 MANTS show.

If you haven’t seen our flyers and ads the 2008 NCNLA Summer Green Show will be August 13, 14, 15. We have a great educational program for Wednesday the 14th along with a sporting clays tournament and the HRI benefit golf tournament. Thursday and Friday will be the Sum-mer Green Show. Go to www.ncan.com for more information.

We are currently completing contracts for the 2009 Green & Growin’ show and will conduct 4 more Certified Plant Professional tests in August, September, and October.

Remember the Robert Cagle Memorial Golf Tournament September 26th in Pinehurst.

Look for information on all of these events on the NCNLA website www.ncan.com While you’re on the internet check out the new consumer website that is available for con-sumer education. The address is www.tarheelgardening.com

NCCFGA Scholarship Winners

The following individuals received a $500 scholar-ship from the NC Commercial Flower Growers’ Association at their recently held Landscape Color Field Day. The scholarship is for students in their final years of study at a 2-year, 4-year, or graduate institution with an emphasis in greenhouse floricul-ture production. Reama G. Pearson a two-year Landscape Garden-ing student at Caldwell Community College, Hud-son, NC. Reama’s areas of training, knowledge and experience include: greenhouse operations, plant identification, plant propagation, applied plant science, soils and fertilizers, arboriculture practices, principles of management and equipment opera-tions. Reama continued education includes a Bachelor of Science with the 2+2 online program at the NC A&T University in Agricultural Education and En-vironmental Economics in the spring of 2009. Timothy Allen Johnson, II, is working on a degree in Environmental Horticulture and Entrepreneurship Certificate at North Carolina Agricultural and Tech-nical State University, Greensboro, NC Tim is founder of Tim Johnson Landscaping. He began mowing neighbor’s grass in 1998 and has continued to increase services as his school educa-tion have allowed. TJL is now a small, full service landscaping business. He plans to include growing the business after college as well as making a com-mercial greenhouse and nursery business.

GIC Members testing Toro Intelli-Sense Controllers.

Smith Turf and Irrigation donated 10 Intelli-Sense controllers that were installed across the state to demonstrate the benefits of smart controllers. Based on daily updates, irrigation schedules are automati-cally adjusted in response to weather conditions. Smart controllers are 1 part of a comprehensive water conservation program that offers substantial savings. Imagine the water savings (and labor) for residential and commercial maintenance companies using smart controllers on their properties that ad-just the watering on a per zone bases based on real time satellite transmitted ET data automatically.

Compact Power, The Home Depot Launch New Equipment Center in Charlotte

Compact Power, Inc. and The Home Depot have partnered to create a new equipment center that, follow-ing a successful local launch, could expand to serve do-it-yourselfers and outdoor contractors nationwide. Featuring the Boxer line of mini-skid steer loaders, the first Compact Power Equipment Centers opened at three Charlotte-area Home Depot stores. “The Compact Power Equipment Center is a new one-stop source for labor-saving equipment, whether you’re a homeowner eager to tackle a basic landscaping project, or a professional contractor wanting to make the tough jobs easier,” said Compact Power CEO Roger Braswell, who owned a landscaping busi-ness for many years. “As a local company, Compact Power is very excited to kick off this venture with The Home Depot right here in Charlotte, and we look forward to rolling it out in other cities over the com-ing years.” Braswell noted that the Compact Power Equipment Center operates on four basic principles: (1) fast check-in and check-out, (2) friendly and expert customer service, (3) broad selection of the best equipment brands and (4) fair prices and policies for renting, buying or financing equipment. In addition to Boxer mini-skid steer loaders, the Compact Power Equipment Center offers IHI mini exca-vators, ASV loaders, Ventrac multi-purpose tractors, Carlton tree removal equipment, Z Spray aerators and sprayers, Land Pride utility vehicles and ProHauler trailers. The most versatile type of power equipment, a mini skid-steer loader can be used with various attachments for digging, tilling, drilling, hauling and other tasks. Braswell invited Charlotte-area residents to check out the new Compact Power Equipment Center. “Homeowners undertaking a landscaping project will find power equipment that is easy to transport and use, along with experts who can answer questions and provide sound guidance. Contractors will find equipment that meets all their needs and experts who understand their business, whether it’s landscaping, fencing, pools, masonry or irrigation.” The Home Depot stores with a Compact Power Equipment Center are located at 2815 Home Depot Blvd., Rock Hill, SC; 1837 Matthews Township, Matthews, NC; and 10210 Centrum Parkway, Pineville, NC. A fourth center is located at Compact Power’s local headquarters, 3326 Highway 51, Fort Mill, SC Compact Power, Inc. employs more than 500 people in 45 states. For more information, go to www.cpiequipment.com or www.CompactPowerCenter.com, a new Web site that offers a wide variety of useful information for both outdoor contractors and do-it-yourselfers.

The NC Green Industry Council launched a fundraising goal this year to reach $150,000 in sponsorships and thanks to your generosity, we are very close to making that goal! These critical funds have enabled us to bring in two na-tionally known water consultants to work with us as we engage municipalities, leaders and legislators around the state to discuss water regulations and solutions. Sponsorship dollars have also been a big part of helping to develop our Water Wise Works TV, print and radio consumer media campaign, which stresses water efficiency in the land-scape. The Green Industry Council is positioning itself to be a leader in conservation efforts across the state. To date, here is how we have used our collected sponsorship dollars: $27,382.00 for water consultants, meetings and irrigation efficiency classes $26,6000.00 for Water Wise Works development & advertising media campaign $33,899.00 for lobbyists $3272.00 for new grassroots software and website You can view a list of our sponsors on pages 8 & 9. If your name isn’t listed, please consider becoming a sponsor and help us reach our goal. Sponsor forms are found on our website at www.ncgreenindustrycouncil.org, - look for the link to “Be a GIC Sponsor”. Or contact Sheryl Bynum at 919-372-1586. You can be a part of helping the GIC to sustain our good work, stay on top of issues that affect green industry businesses and promote it across the state of NC! *Ad in May issue of Our State Magazine*

Green Industry Council Fundraising Close to Goal!

Save the Dates

Summer Green Show‐August 13‐15, Greensboro Coliseum, Greensboro, NC Turfgrass Field Day‐Wednesday, August 13 Sandhills Research Station Jackson Springs, NC NC GIC Board Meeting ‐ Tuesday Sept. 9th Guilford County Extension Office; 11‐3 pm Greensboro, NC NCCFGA 4th Annual Carolina Garden Expo February 13‐14, 2009 Greenville Convention Center, Greenville, NC for more info see nccfga.org Regional Meetings with Dean Johnny Wynne: 11‐2 pm Aug. 26‐Duplin Co. Extension Center, Kenansville Sept. 23 ‐Vernon James Res. & Ext. Center, 207 Research Station Rd. Plymouth, NC Oct. 7‐ Forsyth Ext. Center 1450 Fairchild Rd. , Winston Salem, NC Oct. 22 University Club 4200 Hillsborough St., Raleigh, NC Dec. 3 ‐ Mountain Horticultural Crops Res & Ext Center, 455 Research Dr. Mills River, NC

Platinum Plus ($10,000 +) Metrolina Greenhouses NC Nursery & Landscape Assoc. STI and The Toro Co. Platinum ($5,000 - $9,999) Express Seed John Deere Landscapes Rockwell Farms VanWingerden International Gold ($2,500 - $4,999) Coleman Cable Inc. Hawksridge Farms NC Commercial Flower Growers NC Farm Bureau Paige Electric Silver ( $1,000—$2,499) A & A Plants Ball Horticulture Co. Bland Landscaping Buds & Blooms Nursery Carolina Grounds Management Association City Nursery Farm Greenscape, Inc. Johnson Nursery Johnston Co. Nurserymen Assoc. McLamb’s Nursery Metrolina Landscape Co. Metrolina Landscape Maintenance Panoramic Farm, Inc. Plantworks Nursery

R.S. Braswell Co., Inc. Sampson Nursery Servicemaster

Shamrock Landscaping Supersod of Charlotte Syngenta Flowers, Inc. Syngenta Seeds, Inc. Taylor’s Nursery Turf Service, Inc. Turftenders Landscape Volvo & GMC Truck Center of Carolina Weedman

08 GIC SPONSORS

Bronze ($1.00 - $999) Barefoot & Associates Baucom’s Nursery Big Branch Nursery

Brad Goodrum Brookscapes

Campbell Road Nursery Carolina Tractor & Equipment Carroll’s Plant Center Casey Nursery Central NC Nursery Assoc. Clark ONeill Clay’s Power Equipment Co. Craig Gilbert Currin’s Nursery Curtis Brothers Custis Nursery Debra’s Garden De La Terre Dickinson Garden Center Ditchwitch of NC DLI Services ECO Irrigation Edwards, Church & Muse, Inc. Environmental Design Landscape, Inc. ETA, Inc. Fairview Greenhouses, Inc. Fairway Green Florida Irrigation Services Fontaine Landscaping Co. Fountain Landscaping Fowler’s Nursery Garden Supply Co. Goodson & Associates Green Biz Landscaping Green Leaf Services, Inc. Greenscapes Growin Green Hackney Nursery Co. Hinnant’s Nursery & Landscape, Inc. Homewood Nursery Horticultural Plantscapes Imperial Nurseries, Inc. James River Equipment Co. Jeff Nameth Jeffrey Little Jericho Farms

Bronze ($1.00 - $999) Kevin James Landscape, Inc. King Green Charlotte Kings Greenhouses, Inc. L.A. Reynolds Garden Showcase LanArc Lasco Fittings Lawns of Charlotte, LLC Living Landscapes, Inc. Looper Landscaping McAllister Greenhouses, Inc. M.W. Blake Landscaping & Bobcat Lewis Marketing LIS Landscape Irrigation Systems Looper Landscaping Living Landscapes M.W. Blake Landscaping McAllister Greenhouses Mitchell’s Nursery Monrovia Myatt Landscapes NC Christmas Tree Assoc. Neuse Plant & Bark, Inc. New Earth Designs Nursery Supplies Old Courthouse Nursery Oro Farms, Inc. Outdoor Equipment Distributors Panther Creek Nursery Parker Bark Co. Parker’s Landscape Services Patterson’s Nursery Pender Nursery PGMS Piedmont Carolina Nursery Plant Delights Nursery, Inc. Plymouth Nursery Pope Landscape & Irrigation Co. Powers Landscaping Providence Landscape Pure Green, Inc. R&J Landscaping Redmill Landscape Rhodes Nursery Rick Hager Horticulture Right of Way Equipment Co. Rogers Landscape Services Ronald Vincent Rosewood Garden Designs

08 GIC SPONSORS

Bronze ($1.00-$999)

Rountree Plantation, Inc. Royal Design & Maintenance Scottree Sharon K. Hopper Fine Gardening Shelby Turf & Irrigation Shepherd’s Landscape Mainte-nance Smith’s Nursery Sorrell & Plyer Marketing, Inc. Southern Garden Stephenson’s Nursery Steve Cochran Steve Dorer Swift Creek Nursery T.L. Byrum Oil Co., Inc. Taproot Land Management The Byrd’s Group The Garden Hut The Morgan Landscape Group Tom Hunter ASLA Toms Creek Nursery & Landscape Turf Service, Inc. Turf Service, Inc. Turftenders Landscape Wakefield Nursery Watts Water Technologies Weigel Farms, Inc. Wilde Oaks Nursery William Mason