Legislation with Tracking Level = Critical (3)

Date of Last Recorded Action: 10/17/2017

H 0624 CriticalUniform System Development Fees for Water Charles McGrady
4/10/2017 House - Ref to the Com on Energy and Public Utilities, if favorable, Finance --
Liability NCLM Goal Planning & Land Use Taxation & Finance Utilities
Companion bill SB 641

In response to the 2016 N.C. Supreme Court decision in Quality-Built Homes v. Carthage, authorizes all publicly-owned water and sewer systems to charge a “system development fee.” This fee, charged to developers of new developments, includes costs associated with infrastructure existing at the time the development takes place, as well as costs related to future system infrastructure needs resulting from the development. Details a formula under which a system may calculate this fee, and restricts the use of fee proceeds to repairs, maintenance, expansion, or other construction needs of the system. Repeals all local acts granting authority to charge similar fees, in favor of a single statewide system, and conforms the authority of non-city or non-county water/sewer entities to this process. Establishes a three-year period under which claimants may seek repayment of fees improperly imposed prior to the effective date of the bill, addressing another issue from the Carthage case. Allows the prevailing party in any lawsuit related to whether these fees were properly charged to collect six percent interest (annually) plus costs. Creates a process by which a person may request a refund or release of a fee, and the basis upon which a governing board may grant that request. (version 1)

H 0900 CriticalSafe Infrastructure %26amp; Low Property Tax Act Stephen Ross
6/14/2017 House - Re-ref Com On Rules, Calendar, and Operations of the House Fin -
Economic Development NCLM Goal Parks & Recreation Transportation Utilities
To achieve the top legislative goal selected by the League membership, this bill would allow all municipalities to choose one of three revenue-raising options, any of which would be subject to voter referendum. All proceeds from any option approved by voters would be used to construct and improve public infrastructure and facilities or for economic development or for both. The three options authorized by the bill, from which a municipality could choose, include a municipal-only quarter-cent sales tax, a prepared meals tax, or an occupancy tax (subject to a cap). The bill also authorizes two studies of other topics regarding limitations on municipal revenues. The first, conducted by the NC Department of Revenue in conjunction with municipal and county officials, would study property tax exemptions, exclusions, and deferrals. The second, an interim legislative study, would examine property tax benefits currently provided to nonprofit entities, including the amount of charity care provided by those nonprofits, the costs borne by local governments in providing services to those nonprofits, and the impact on overall local property tax revenues of the loss of tax base when nonprofits purchase and use previously taxed parcels. The legislative study on nonprofits may make recommendations for legislation. (version 1)
S 0641 CriticalUniform System Development Fees for Water Paul Newton
4/5/2017 Senate - Ref To Com On Rules and Operations of the Senate --
Liability NCLM Goal Planning & Land Use Taxation & Finance Utilities
Companion bill HB 624
In response to the 2016 N.C. Supreme Court decision in Quality-Built Homes v. Carthage, authorizes all publicly-owned water and sewer systems to charge a “system development fee.” This fee, charged to developers of new developments, includes costs associated with infrastructure existing at the time the development takes place, as well as costs related to future system infrastructure needs resulting from the development. Details a formula under which a system may calculate this fee, and restricts the use of fee proceeds to repairs, maintenance, expansion, or other construction needs of the system. Repeals all local acts granting authority to charge similar fees, in favor of a single statewide system, and conforms the authority of non-city or non-county water/sewer entities to this process. Establishes a three-year period under which claimants may seek repayment of fees improperly imposed prior to the effective date of the bill, addressing another issue from the Carthage case. Allows the prevailing party in any lawsuit related to whether these fees were properly charged to collect six percent interest (annually) plus costs. Creates a process by which a person may request a refund or release of a fee, and the basis upon which a governing board may grant that request. (version 1)
Green background on status indicates a bill has been acted on the last recorded legislative day.