Gubernatorial appointments: "That ain't happening," says Apodaca

Asked if he planned to sign a compromise coal ash bill brokered by state House and Senate leaders last month, Gov. Pat McCrory said, “We'll get most of it implemented, but I'm going to challenge parts of it.”

McCrory said, “I'm having all the lawyers review it now. Most of the bill is very good. And most of it came from the executive branch, so we're very pleased with that. There's a few things added at the last moment that we're still trying to interpret.”

The governor's comments came a week after McCrory told talk show host Tom Campbell of NC SPIN that he intended to sign the coal ash bill, but added he might also challenge parts of the law in court.

Perched in a 2014 Chevy Camaro at Boyd's former dealership, the governor said one major concern he has is the nine-person coal ash management commission set up to oversee cleanup of 33 Duke Energy ash ponds.

“I'm not doing this because of one bill,” McCrory said. “I'm doing this (because) there's a trend in which we're creating a lot of commissions in which there's no accountability to the people or to the executive branch, which is responsible for operating state government.”

The governor indicated that legislative-appointed bodies such as the coal ash commission are unconstitutional because they usurp the role of the executive branch in state operations.

Under a compromise bill worked out by Senate and House negotiators, including Rep. Chuck McGrady and Sen. Tom Apodaca, the governor would appoint three members and name the commission's chair. The House and Senate would each appoint three others.

Four cars back from the governor, Apodaca said he doesn't anticipate the governor will veto the coal ash bill that he and McGrady championed.

“The only thing he can nitpick is the coal ash commission,” Apodaca said. “He wants to appoint all of it. That ain't happening. A third is plenty. His attorney is probably a great attorney for real estate closings, but I don't think he pays a lot of attention to the constitutional picture.”

Apodaca said the legislature has appointed members of commissions for 250 years. “That's the way it's always been, so we feel very confident if it goes to court,” he said.

Walking with his Democratic supporters toward the rear of the parade, Rick Wood, Apodaca's opponent for the 48th District, said he sees the compromise coal ash bill as “a first step.”

Further bills will be necessary to “really get the job done,” Wood said. “And they have put off the most important question – who's going to pay for it? – until after the election.”

Wood said he would have preferred if supervision of coal ash cleanup were left with the N.C. Department of Environment and Natural Resources.

“Because the commission is appointed by politicians, by elected officials,” he said. “And I just don't think that's the way to go. That's DENR's job to do that and I think they should be supervising it.”

Not every topic discussed in line at Boyd's was political in nature. There was plenty of apple talk, too, with McCrory declaring golden delicious as his favorite variety.

Congressman Mark Meadows' wife, Debbie, said Honeycrisps were her favorite, while her husband replied his preferred choice was “any apple that comes from America and not from China.”

Although it was too early to call it a record-attendance year, N.C. Apple Festival Executive Director David Nicholson said he was “very happy” with the weather and turnout for the 68th annual event.

“Some years, there's almost too many people on the street,” he said. “This year, we had a really steady crowd, but people could shop, talk to their friends and neighbors and it wasn't so crowded we couldn't get people in here.”

Nicholson said he talked to an apple grower who's had a booth at the festival for 15 years, “and she said Saturday was the best day she's ever had.”

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