Bill To Preserve NCHBA’s 2019 Land Use Regulatory Changes Sent To The Governor

Last Thursday the House unanimously passed SB 720 (GSC Conforming Amends./2019 Land Use Changes) sponsored by Senators Chuck Edwards (R-Henderson), Andy Wells (R-Catawba) and Don Davis (D-Pitt). The bill was ordered enrolled and was sent to the Governor on Friday. The passage of this bill is one of NCHBA’s top session priorities designed to preserve NCHBA’s victory last year in enacting significant and beneficial changes to local planning and land use laws which was the result of a five-year journey. The Governor is expected to sign the bill into law.

SB 355 (Land Use Regulatory Changes) was enacted last year with strong bipartisan support and became effective upon the Governor’s signature on July 11, 2019 (Session Law 2010-111). That bill was comprised of two parts. Part 1 contained our series of major land use changes which became effective last July and are in effect today.

Part 2 of the bill was the result of a five-year effort by the Planning, Zoning, and Land Use Section of the NC Bar Association to consolidate and modernize the planning and land use provisions of Chapter 160A (cities) and Chapter 153A (counties) into a single new Chapter 160D. That bill provided that Part 2 would become effective on 01/01/21.

Since the version of Chapter 160D which was enacted by Part 2 did not contain the provisions of Part 1 (as well as two of our other NCHBA 2019 enactments which amended provisions of the city and county planning and land laws), SB 355 directed the General Statutes Commission (GSC) to integrate these enactments into an updated version of Chapter 160D.

The GSC accomplished this task over several months earlier this year with the cooperation of interested parties and SB 720 was the result. For the most part, SB 720 is a technical correction bill which integrates existing law into this updated version of Chapter 160D. While the bill does contain several substantive language changes, they were the result of consensus. Two of the primary sponsors of last session’s bill, Senators Paul Newton (R-Cabarrus) and Sam Searcy (D-Wake) signed on as co-sponsors of SB 720.

Because some local governments would like to immediately implement Chapter 160D, the bill provides that it becomes effective upon enactment. However, those local governments who would like more time to amend or enact local ordinance are given until 07/01/21 to do so.

In addition, your legislative team worked to prepare language for a committee substitute for another of NCHBA’s session priorities. This bill is scheduled to be considered in a Senate committee on Wednesday. More about this in next week’s NCHBA Legislative Report.

The standoff over opening up the economy continued this week between the Governor and legislative leaders. HB 594 (Temp. Open Gyms/Health Clubs/Fitness Centers) passed a concurrence vote in the House last Wednesday and was subsequently sent to the Governor. The bill would allow gyms and health and fitness centers to open their doors again at 50% capacity. Also added to this bill was language from a bill vetoed two weeks ago that would expand dining and beverage services for restaurants and bars. The Governor is widely expected to veto this bill as well.

The Senate Finance Committee rolled out SB 848 (COVID-19 Economic Recovery) on Thursday. The bill would establish a tax credit for corporations if they increase their investment in tangible personal property in the State from the previous taxable year, along with retaining employment for the taxable year at a level at least equal to 90% of the number of full-time employees employed on March 31, 2020. In addition, the average wage paid must, at a very minimum equal to 90% of the average wages paid to full-time employees employed on March 31, 2020, based on the unemployment tax filing for the quarter, excluding employee salaries in excess of $200,000, and wages of part-time employees.  The bill allows a tax credit to be taken over five years against the state’s franchise tax. The bill would cap the credit amount for taxable years 2020 and 2021 at $50 million.

This week we are proud to name Representative Ted Davis (R-New Hanover) as our NCHBA Legislator of the Week

Legislator Of The Week

Representative Ted Davis (R-New Hanover)

Representative Davis has been a consistent supporter of our industry during his tenure in the General Assembly. Representative Davis maintains an excellent working relationship with his local Wilmington-Cape Fear HBA and NCHBA’s legislative team. Representative Davis is the Senior Chairman of the House Judiciary Committee and this week successfully presented SB 720 both in committee and on the House floor. We appreciate the support Representative Davis has given to our industry in the past and we look forward to working with him in the future!