Crossover week arrives
The House and Senate took action on dozens of bills this week in order to meet Thursday's crossover deadline. With the exception of proposals that call for state appropriations or involve taxes or fees, bills had to be approved by either the House or Senate by end of session Thursday to remain eligible. Action was intense, and last-minute maneuvers resulted in occasional mischief and confusion. Overall, however, the crossover was a relatively efficient one. Eminent domain constitutional amendment advances An amended version of HB 878 – Eminent Domain passed the House on Thursday by a vote of 104-15. The bill proposes a constitutional amendment to be placed on the ballot at the next statewide primary or election to prohibit the use of eminent domain for economic development. It emerged this week after months in the House Rules Committee and was approved in House Judiciary II. The bill was then amended on the House floor to provide as follows: “Private property shall not be taken except for a public use, including preservation for that use. Public use does not include the taking of property for the purpose of thereafter conveying an interest in the property to a third party for economic development. This paragraph does not apply to the taking of blighted properties as defined by general law, nor to takings for access by the owner to property. As used in this paragraph, blight includes only the physical condition of property taken." Several attempts to clarify the language were rejected. Our thanks to Reps. Pryor Gibson, Deborah Ross and Lucy Allen for offering those amendments. We believe that state law (as amended and clarified last session) adequately addresses the issue by expressly prohibiting the use of eminent domain for general economic development purposes. The legislature can further tighten and clarify those statutes as needed. A constitutional amendment, once in place, is very difficult to change in order to correct any ambiguities that are created or unintended consequences that may result. The bill now moves to the Senate. Because it would amend the state constitution, a three-fifths vote is required for approval. Unsafe housing needs work in House The Senate passed SB 1507 – Housing Conditions/Inspections this week , following two floor amendments. Thanks to Sen. Doug Berger for his amendment preserving a city's ability to require periodic inspections as part of a targeted effort to respond to blighted or potentially blighted conditions. Unfortunately the bill would still prohibit municipalities from performing routine inspections under other circumstances, instead imposing a “probable cause” standard in order to inspect for unsafe, unsanitary or otherwise hazardous conditions in residential or nonresidential buildings. Thanks also to Sen. Ellie Kinnaird for pointing out the League's concerns during debate on the floor. We still believe the bill will severely limit local governments' ability to protect the health and welfare of the citizens, and we intend to work on it on the House side. Telecom service restriction bill scheduled next week The House Public Utilities Commission is scheduled to take up HB 1587 – Local Government Fair Competition Act , which would place significant roadblocks and restrictions on any local government that wants to provide communications services - including cable, telephone, electronic voice, data, audio or video transmission and Internet access - to its citizens. Access to high-speed broadband service is critical for the future economic development of our state. But telecommunication companies are pushing HB 1587 which will effectively prevent local governments from bringing high-speed broadband to North Carolina communities, especially to rural and distressed urban areas. Through their opposition to build-out requirements, the telecom industry has made it clear they have no intention of investing in such areas. Ironically, this same industry pushed for and won statewide franchising of video services last session, claiming that the local franchising process hampered competition. The legislation imposed very little regulation and did not require companies to build out, or serve an entire community. The League opposes HB 1587 because it seeks to undermine local authority to undertake enterprise activities--authority that has been upheld by the courts. This bill is scheduled to be up for discussion on Wednesday at 10 a.m. Please continue to call your representatives and ask them to oppose this bill, especially the members of House Public Utilities. Members of House Public Utilities Committee Rep. Saunders (chair); Reps. Brubaker, Coates and Cole (vice-chairs); Reps. Bryant, Earle, Grady, Gulley, Harrison , Holmes, Howard, Lucas, McComas, Wright Partnership for North Carolina 's Future unveiled North Carolina is facing a “population tsunami” that the General Assembly must meet with significant new capital investments to protect the state's economy and quality of life, according to a new coalition called Partnership for North Carolina 's Future. On Wednesday, a press conference was held at the General Assembly to introduce Partnership for North Carolina 's Future, a coalition of advocates for increased state investments in school construction, affordable housing, roads, land and water conservation, and water and sewer services. The League of Municipalities, along with the N.C. Association of County Commissioners, the N.C. Metropolitan Coalition and many others, are partners in this group. The Partnership is urging legislators to find long-term funding solutions for schools, roads, clean water and natural resources. Projections have the state's population adding some four million people between 2000 and 2030 for a total of 12 million, or a 50-percent increase. That will make North Carolina the seventh largest state, ahead of both Michigan and Ohio , and up from the current ranking of 10th. Such a population increase will be nearly equal to South Carolina 's current population of four million. With
that growth comes challenge. For example:
In addition, North Carolina school systems need to build 258 schools, or one per week on average every week for five years. Another 1,000 schools need renovations and still another 1,000 will need renovations during that five-year period. The partnership said that all funding options should be on the table to address the needs. Those include bond referenda, the local option land transfer tax, impact fees and the highway use tax. More than 50 bills have been introduced in the General Assembly recommending new sources of capital investment funds for schools, roads, affordable housing, water and sewer, and land that protects natural resources. Other member organizations of the Partnership for North Carolina 's Future include Land for Tomorrow, the North Carolina Rural Economic Development Center , the North Carolina Housing Coalition and NC Go! For more information on the Partnership, as well as a pdf of the press release and a printable version of the Partnership's print ad, go to www.nclm.org . Also, go to www.ncfuturenow.org . Crossover Highlights Below are brief updates on issues that arose this week in the push toward crossover. Public employee labor unions. A bill that would require municipal employers to deduct union dues for its employees passed the Senate. SB 1271 – Firefighter/EMS Payroll Deductions was amended in committee to broaden its application beyond firefighters, EMS workers, and police officers. It now would require the employer to make a payroll deduction for the membership dues of any employee organization with at least 2,000 members statewide, at least 500 of whom are law enforcement officers. This would bring other municipal employees into the coverage of the bill. A bill to lift the prohibition against collective bargaining with public employee unions, HB 1583 – Restore Contracts Rights, was scheduled in House Judiciary II this week but it did not come up for a vote. Confidentiality agreements for economic development. A committee substitute for HB 1663 – Confidentiality Agreements Void was adopted by the House Judiciary I on Thursday morning but faltered on the House floor later in the day. The bill provided that confidentiality agreements involving economic development proposals are contrary to public policy and do not apply to any elected official. After some debate, it was re-referred to House Commerce. Since the bill was subject to crossover, it appears that it is no longer eligible this session. Street gangs. One of the bills supported by the League's advocacy agenda, HB 274 – Street Gang Prevention Act , was heard in House Judiciary III this week. The bill was sent to a subcommittee based on questions raised about the severity of some of the penalties proposed. The subcommittee consists of Rep. Haire (chair) and Reps. Cotham, R. Warren, Fisher and Wiley. The bill contains an appropriation and is not subject to the crossover deadline. Development fees. Legislation that would have the effect of prohibiting cities from imposing regulatory fees and impact fees came up in Senate Finance this week. SB 1180 – No Monetary Exaction for Development was heard on Wednesday but the committee took no action. Subdivision streets. A committee substitute for SB 373 – Street Construction/Developer Responsibility converted a blank local bill into statewide legislation to limit local governments' ability to require construction of acceleration and deceleration lanes, traffic storage lanes, and medians. When it reached the Senate floor, however, a procedural issue was raised, and the bill was amended to restrict its provisions to Onslow County and the municipalities therein. The bill passed the Senate in this form, keeping it alive for further consideration in the House. Land use appeals rewrite. A committee substitute for SB 212 – Land-Use Permit Appeals passed the Senate this week. The intent of the act is to codify uniform procedures and to clarify the applicable rules on those issues for which the case law is conflicting. The bill is complex and we still have some questions regarding its impact. Our thanks to the bill sponsor, Sen. Ellie Kinnaird, and the chair of Senate Judiciary I, Sen. Martin Nesbitt, for allowing us the opportunity to work on some clarifying changes. We hope to work on the bill further in the House. Attorneys and planners, please provide us your feedback. Solar devices preemption. A committee substitute for SB 670 – Use of Solar Collectors passed the Senate. The bill now prevents cities from adopting ordinances that would prohibit or have the effect of prohibiting the installation of a solar collector. It expressly allows cities to regulate the location or screening of solar collectors, provided the ordinance does not have the effect of preventing the reasonable use of a solar collector for a detached single-family residence. Newspaper distribution in streets. A committee substitute for SB 942 – Prohibit Restricting Newspaper Distribution unexpectedly converted a bill dealing with signage in the public right of way into one that preempts local ordinances restricting newspaper sales in the streets. The bill would now amend G.S. 20-175(d) (authorization for local governments to prohibit solicitation while standing in the street or right of way) to prohibit restrictions on the news media engaged in distributing newspapers. It passed the Senate with no debate. Traffic signal synchronization. A committee substitute for HB 1576 – Coordinate Traffic Signals/Reduce Energy Use authorizes, but does not mandate, that DOT and cities implement comprehensive traffic control plans to coordinate traffic signals on streets in cities that are part of the state highway system. An amendment was offered on the House floor to mandate this for cities with 25 or more stoplights. The amendment was defeated and the bill now moves on to the Senate. Seawall pilot project. A committee substitute for SB 599 – Inlet Stabilization Pilot Program converted a local bill into a proposal to allow the Coastal Resources Commission to build a seawall groin to protect an inlet from erosion. Current state law prohibits such structures, with exceptions for a limited number of pre-existing structures. The bill was approved by the Senate on Wednesday and now moves to the House. Following are some of the bills that were introduced or acted upon this week. If you need a copy of these or any other bills, please contact the Legislative Printed Bills Office at 919-733-5648 or the League office. Remember that bills and legislative calendars are now available on the Internet at http://www.ncleg.net . Please contact the League staff if you have any particular interest or concern regarding any piece of legislation. Environment HB 1370 – Clean Water Grants Reps. Underhill , Wainwright Passed House Clarifies that the high-unit-cost threshold does not apply to planning grants and technical assistance grants made by the Clean Water Management Trust Fund for wastewater systems. SB 396 – Clarify EMC and DENR Authority Sen. Hoyle Passed Senate States the intent of the General Assembly that neither the EMC nor DENR may impose as a condition of any permit, approval, or certification any requirement beyond the authority of the applicant of such permit, approval, or certification to satisfy or any condition not specifically authorized by act of the General Assembly. General Government HB 469 – Reduce Notice Time/Method For Street Closures Reps. Neumann, Clary, Current Passed House Amends notice procedures for city to permanently close a street or public alley. Requires publication of a notice of closing and public hearing rather than publication of the resolution. Rather than once a week for four successive weeks, requires publication three times, not less than seven days apart. HB 666 – Building Permit Reductions/Rebates Reps. Killian, Carney, Samuelson Passed House Authorizes cities and counties to charge reduced building permit fees or provide partial rebates of building permit fees for buildings that are constructed or renovated using certain sustainable design or energy efficiency principles. HB 824 – Improve Gender Equity Reporting Statute Rep. Insko Passed House Amends provisions regarding reports submitted to Secretary of State on gender of persons appointed. Makes report due on or before September 1. Lists the specific appointments that must be reported by cities and counties. SB 1259 – No Liability/Water Meets Water Standards Sen. Rand Passed Senate Provides that a provider of water services regulated under the N.C. Drinking Water Act shall not be deemed to be an insurer of the quality of water provided, so long as the water meets or exceeds the standards set forth in that Article and shall not be deemed to provide any warranty under the Uniform Commercial Code, including an implied warranty of merchantability or an implied warranty of fitness for a particular purpose. SB 1383 – Allow Cyclists to Use Public Lands Sen. Jenkins Passed Senate Provides that any land held in fee simple by the state, any agency of the state, or any land purchased, leased or managed with funds provided by the state, shall be open and available for use by bicyclists. Provides that there is no requirement that any special accommodations be provided on the land, but that nothing shall prevent any local cycling organization from offering to create special cycling trails. Any land open for use as described may be restricted or removed from use if it is determined by the state, state agency or holder of land purchased, leased or managed with state funds, that such use would constitute a hazard to the cyclist, any other individual, or the environment, or that such use would violate another state or federal law. Local Bills HB 1041 – Earl Annexations Rep. Moore SL 2007-53 Provides that the remainder of any parcel partially lying in the Town of Earl as the corporate limits were established by Chapter 787 of the 1971 Session Laws is annexed into the corporate limits of the town. HB 1651 – Raleigh Subdivision Definition Rep. Ross Passed House Allows the City of Raleigh to remove from the subdivision exemption certain previously subdivided and recorded lots where no improvements designed to allow the lots to function as individual lots have been installed and no buildings have been constructed, or where the recorded lots or portions of those lots have been developed and used as a single parcel. SB 354 – Wilmington Sewer Infrastructure Sen. Boseman SL 2007-57 Amends the charter of the City of Wilmington to provide that the city may use the procedure and authority prescribed in Article 9 of Chapter 136 of the General Statutes for the acquisition of property interests to be used for sewer lines and treatment facilities. Applies only for proceedings initiated on or before December 31, 2009. SB 359 – Atlantic Beach/Building Height Regulation Sen. Preston Passed Senate Sets a maximum building height of 60 feet within the jurisdiction of the Town of Atlantic Beach, except for a designated development district and previously existing structures, subject to change only upon approval by referendum of the town's voters. SB 629 – Asheville Housing Authority Sen. Nesbitt Passed Senate Amends G.S. 157-5(d) as it applies to the City of Asheville to revise the terms of the Housing Authority of the City. Public Safety SB 8 – Expand Safe Zones/Schools, Parks, Child Ctrs. Sen. Boseman Passed Senate Increases the “safe zones” near child care centers and school grounds regarding illegal drug sales from 300 feet to 1000 feet, expands the “safe zone” for public parks to include all public parks, not just those with playgrounds, and increases the distance of those safe zones to 1000 feet. Retirement HB 1025 – Local Govt Retirement/Purchase of Service Rep. Coleman Passed House Authorizes employers to amortize the payment of the cost of probationary employment for members of the Local Governmental Employees' Retirement System. Transportation HB 1559 – City Transit Amenities Rep. Cole Passed House Allows transit system amenities, including those on which commercial advertisements are placed, to be erected and maintained on the rights-of-way of public roads subject to certain conditions and requirements. Transit system amenities are defined as a transit shelter or bench with a trash or recycling bin(s) or stand-alone trash or recycling bin(s), located at transit stops for the convenience of passengers of public transportation systems owned and operated by governmental units or public authorities.
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NC General Assembly Information
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Legislative Office Building fax (919) 733-3111
www.ncga.state.nc.us
(NC General Assembly Website)
www.nclm.org
(NC League of Municipalities Website)
