GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2021
SESSION LAW 2022-62
SENATE BILL 768
AN ACT to update cross‑references throughout the general statutes to conform to the consolidated chapter on land‑use laws, to make other technical corrections, as recoMMENDED BY THE GENERAL STATUTES COMMISSION, and to make an additional technical correction.
The General Assembly of North Carolina enacts:
PART I. CONFORMING CROSS‑REFERENCES TO LAND‑USE LAWS, as recommended by the general statutes commission
SECTION 1. G.S. 18B‑904 reads as rewritten:
"§ 18B‑904. Miscellaneous provisions concerning permits.
(g) Nothing in this Chapter
shall be deemed to preempt local governments from regulating the location or
operation of adult establishments or other sexually oriented businesses to the
extent consistent with the constitutional protection afforded free speech, or
from requiring any additional fee for licensing as permitted under G.S. 160A‑181.1(c).G.S. 160D‑902(c).
."
SECTION 2. G.S. 20‑81.12 reads as rewritten:
"§ 20‑81.12. Collegiate insignia plates and certain other special plates.
(b51) Historical Attraction Plates. The Division must receive 300 or more applications for an historical attraction plate representing a publicly owned or nonprofit historical attraction located in North Carolina and listed below before the plate may be developed. The Division must transfer quarterly the money in the Collegiate and Cultural Attraction Plate Account derived from the sale of historical attraction plates to the organizations named below in proportion to the number of historical attraction plates sold representing that organization:
(1) Historical Attraction
Within Historic District. The revenue derived from the special plate shall be
transferred quarterly to the appropriate Historic Preservation Commission, or
entity designated as the Historic Preservation Commission, and used to maintain
property in the historic district in which the attraction is located. As used
in this subdivision, the term "historic district" means a district
created under G.S. 160A‑400.4.G.S. 160D‑944.
(2) Nonprofit Historical Attraction. The revenue derived from the special plate shall be transferred quarterly to the nonprofit corporation that is responsible for maintaining the attraction for which the plate is issued and used to develop and operate the attraction.
(3) State Historic Site. The revenue derived from the special plate shall be transferred quarterly to the Department of Natural and Cultural Resources and used to develop and operate the site for which the plate is issued. As used in this subdivision, the term "State historic site" has the same meaning as in G.S. 121‑2(11).
."
SECTION 3. G.S. 40A‑3 reads as rewritten:
"§ 40A‑3. By whom right may be exercised.
(b) Local Public Condemnors Standard Provision. For the public use or benefit, the governing body of each municipality or county shall possess the power of eminent domain and may acquire by purchase, gift or condemnation any property, either inside or outside its boundaries, for the following purposes.
(8) Acquiring designated
historic properties, designated as such before October 1, 1989, or acquiring a
designated landmark designated as such on or after October 1, 1989, for which
an application has been made for a certificate of appropriateness for
demolition, in pursuance of the purposes of G.S. 160A‑399.3,
Chapter 160A, Article 19, Part 3B, effective until October 1, 1989, or
G.S. 160A‑400.14, whichever is appropriate.G.S. 160D‑949.
(b1) Local Public Condemnors Modified Provision for Certain Localities. For the public use or benefit, the governing body of each municipality or county shall possess the power of eminent domain and may acquire by purchase, gift or condemnation any property or interest therein, either inside or outside its boundaries, for the following purposes.
(8) Acquiring designated
historic properties, designated as such before October 1, 1989, or acquiring a
designated landmark designated as such on or after October 1, 1989, for which
an application has been made for a certificate of appropriateness for demolition,
in pursuance of the purposes of G.S. 160A‑399.3, Chapter 160A,
Article 19, Part 3, effective until October 1, 1989, or G.S. 160A‑400.14,
whichever is appropriate.G.S. 160D‑949.
."
SECTION 4. G.S. 42A‑3 reads as rewritten:
"§ 42A‑3. Application; exemptions.
(a) The provisions of
this Chapter shall apply This Chapter applies to any person,
partnership, corporation, limited liability company, association, or other
business entity who that acts as a landlord or real estate broker
engaged in the rental or management of residential property for vacation rental
as defined in this Chapter. The provisions of G.S. 160A‑424 and
G.S. 153A‑364 shall apply G.S. 160D‑1117 applies to
properties covered under this Chapter.
(b) The provisions of
this Chapter shall not apply to:This Chapter does not apply to any of
the following:
(1) Lodging provided by hotels, motels, tourist camps, and other places subject to regulation under Chapter 72 of the General Statutes.
(2) Rentals to persons temporarily renting a dwelling unit when traveling away from their primary residence for business or employment purposes.
(3) Rentals to persons having no other place of primary residence.
(4) Rentals for which no more than nominal consideration is given."
SECTION 5. G.S. 44A‑11.2 reads as rewritten:
"§ 44A‑11.2. Identification of lien agent; notice to lien agent; effect of notice.
(d) For any improvement to
real property subject to G.S. 44A‑11.1, any building permit issued
pursuant to G.S. 160A‑417(d) or G.S. 153A‑357(e) G.S. 160D‑1110(g)
shall be conspicuously and continuously posted on the property for which
the permit is issued until the completion of all construction.
."
SECTION 6. G.S. 44A‑24.2 reads as rewritten:
"§ 44A‑24.2. Definitions.
The following definitions apply in this Part:
(3) Commercial real estate. Any real property or interest therein, whether freehold or nonfreehold, which at the time the property or interest is made the subject of an agreement for broker services:
a. Is lawfully used primarily for sales, office, research, institutional, agricultural, forestry, warehouse, manufacturing, industrial, or mining purposes or for multifamily residential purposes involving five or more dwelling units;
b. May lawfully be used for
any of the purposes listed in sub‑subdivision (3)a. of this section by a
zoning ordinance adopted pursuant to the provisions of Article 18 of Chapter
153A or Article 19 of Chapter 160A Chapter 160D of the General
Statutes or which is the subject of an official application or petition to amend
the applicable zoning ordinance to permit any of the uses listed in sub‑subdivision
(3)a. of this section which is under consideration by the government agency
with authority to approve the amendment; or
c. Is in good faith intended to be immediately used for any of the purposes listed in sub‑subdivision (3)a. of this section by the parties to any contract, lease, option, or offer to make any contract, lease, or option.
."
SECTION 7. G.S. 62‑100 reads as rewritten:
"§ 62‑100. Definitions.
As used in this Article:
(5) The word
"municipality" means any incorporated community, whether designated
as a city, town, or village and any area over which it exercises any of the
powers granted by Article 19 of Chapter 160A Chapter 160D of the
General Statutes.
."
SECTION 8. G.S. 87‑14 reads as rewritten:
"§ 87‑14. Regulations as to issue of building permits.
(a) Any person, firm, or
corporation, upon making application to the building inspector or such other
authority of any incorporated city, town, or county in North Carolina charged
with the duty of issuing building or other permits for the construction of any
building, highway, sewer, grading, or any improvement or structure where the
cost thereof is to be thirty thousand dollars ($30,000) or more, shall,
before being entitled to the issuance of a permit, satisfy the
following:
(1) Furnish satisfactory
proof to the inspector or authority that the person applicant seeking
the permit or another person contracting to superintend or manage the
construction is duly licensed under the terms of this Article to
carry out or superintend the construction or is exempt from licensure under
G.S. 87‑1(b). If an applicant claims an exemption from licensure
pursuant to G.S. 87‑1(b)(2), the applicant for the building permit shall
execute a verified affidavit attesting to the following:
a. That the person applicant
is the owner of the property on which the building is being constructed or,
in the case of and, if the applicant is a firm or corporation, is
legally authorized to act on behalf that the person submitting the
application is an owner, officer, or member of the firm or corporation.corporation
that owns the property.
b. That the person applicant
will personally superintend and manage all aspects of the construction of
the building and that the duty will not be delegated to any other person not duly
licensed under the terms of this Article.
c. That the person applicant
will be personally present for all inspections required by the North
Carolina State Building Code, unless the plans for the building were drawn and
sealed by an architect licensed pursuant to Chapter 83A of the General
Statutes.
The building
inspector or other authority shall transmit a copy of the affidavit to the
Board, who which shall verify that the applicant was validly
entitled to claim the exemption under G.S. 87‑1(b)(2). If the Board
determines that the applicant was not entitled to claim the exemption under
G.S. 87‑1(b)(2), the building permit shall be revoked pursuant to G.S. 153A‑362
or G.S. 160A‑422.G.S. 160D‑1115.
(2) Furnish proof that the person
applicant has in effect Workers' Compensation insurance as required
by Chapter 97 of the General Statutes.
(3)(a1) Any person, firm,
or corporation, upon making application to the building inspector or such other
authority of any incorporated city, town, or county in North Carolina charged
with the duty of issuing building permits pursuant to G.S. 160A‑417(a)(1)
or G.S. 153A‑357(a)(1) G.S. 160D‑1110 for any
improvements for which the combined cost is to be thirty thousand dollars
($30,000) or more, other than for improvements to an existing single‑family
residential dwelling unit as defined in G.S. 87‑15.5(7) that the owner
occupies as a residence, or for the addition of an accessory building or
accessory structure as defined in the North Carolina Uniform Residential
Building Code, the use of which is incidental to that residential dwelling
unit, shall be required to provide to the building inspector or other authority
the name, physical and mailing address, telephone number, facsimile number, and
electronic mail email address of the lien agent designated by the
owner pursuant to G.S. 44A‑11.1(a).
(b) It shall be is
unlawful for the building inspector or other authority to issue or allow
the issuance of a building permit pursuant to this section unless and until the
applicant has furnished evidence that the applicant is either exempt from the
provisions of this Article and, if applicable, fully complied with the
provisions of subdivision (a)(1) of this section, or is duly licensed under
this Article to carry out or superintend the work for which permit has been
applied; and further, that the applicant has in effect Workers' Compensation
insurance as required by Chapter 97 of the General Statutes. has complied
with subsection (a) of this section. Any building inspector or other
authority who that is subject to and violates the terms of this
section shall be is guilty of a Class 3 misdemeanor and subject
only to a fine of not more than fifty dollars ($50.00)."
SECTION 9. G.S. 106‑678 reads as rewritten:
"§ 106‑678. Authority to regulate fertilizers.
No county, city, or other political
subdivision of the State shall adopt or continue in effect any ordinance or
resolution regulating the use, sale, distribution, storage, transportation,
disposal, formulation, labeling, registration, manufacture, or application of
fertilizer. Nothing in this section shall prohibit a county, city, or other
political subdivision of the State from exercising its planning and zoning
authority under Article 19 of Chapter 160A of the General Statutes or
Article 18 of Chapter 153A Chapter 160D of the General Statutes or
from exercising its fire prevention or inspection authority. Nothing in this
section shall limit the authority of the Department of Environmental Quality or
the Environmental Management Commission to enforce water quality standards.
Nothing in this section shall prohibit a county, city, or other political
subdivision of the State from adopting ordinances regulating fertilizers to
protect water quality, provided that the ordinances have been approved by the
Environmental Management Commission or the Department of Environmental Quality
as part of a local plan or National Pollutant Discharge Elimination System
permit application and do not exceed the State's minimum requirements to
protect water quality as established by the Environmental Management Commission
under Part 1 of Article 21 of Chapter 143 of the General Statutes. Nothing in
this section shall prohibit a county or city from exercising its authority to
regulate explosive, corrosive, inflammable, or radioactive substances pursuant
to G.S. 153A‑128 or G.S. 160A‑183."
SECTION 10. G.S. 106‑738 reads as rewritten:
"§ 106‑738. Voluntary agricultural districts.
(c) A county ordinance
adopted pursuant to this Part is effective within the unincorporated areas of
the county. A city ordinance adopted pursuant to this Part is effective within
the corporate limits of the city. A city may amend its ordinances in accordance
with G.S. 160A‑383.2 G.S. 160D‑903(e) with
regard to agricultural districts within its planning jurisdiction."
SECTION 11. G.S. 106‑743.1 reads as rewritten:
"§ 106‑743.1. Enhanced voluntary agricultural districts.
(c) A county ordinance
adopted pursuant to this Part is effective within the unincorporated areas of
the county. A city ordinance adopted pursuant to this Part is effective within
the corporate limits of the city. A city may amend its ordinances in accordance
with G.S. 160A‑383.2 G.S. 160D‑903(e) with
regard to agricultural districts within its planning jurisdiction.
."
SECTION 12.(a) G.S. 106‑743.4 reads as rewritten:
"§ 106‑743.4. Enhanced voluntary agricultural districts; additional benefits.
(a) Property that is subject
to a conservation agreement under G.S. 106‑743.2 that remains in
effect may receive up to twenty‑five percent (25%) of its gross sales
from the sale of nonfarm products and still qualify as a bona fide farm that is
exempt from zoning regulations under G.S. 153A‑340(b). G.S. 160D‑903(a).
For purposes of G.S. 153A‑340(b), G.S. 160D‑903(a),
the production of any nonfarm product that the Department of Agriculture
and Consumer Services recognizes as a "Goodness Grows in North
Carolina" product that is produced on a farm that is subject to a
conservation agreement under G.S. 106‑743.2 is a bona fide farm
purpose. A farmer seeking to benefit from this subsection shall have the burden
of establishing that the property's sale of nonfarm products did not exceed
twenty‑five percent (25%) of its gross sales. A county may adopt an
ordinance pursuant to this section that sets forth the standards necessary for
proof of compliance.
."
SECTION 12.(b) If Senate Bill 762, 2021 Regular Session, becomes law, then this section is repealed.
SECTION 13. G.S. 106‑850 reads as rewritten:
"§ 106‑850. Agriculture cost share program.
(b) The program shall be subject to the following requirements and limitations:
(10) To be eligible for cost
share funds under this program, each applicant must establish that the
applicant meets the definition of is a bona fide farm as
described by G.S. 153A‑340(b)(2).G.S. 160D‑903(a).
."
SECTION 14. G.S. 115C‑525 reads as rewritten:
"§ 115C‑525. Fire prevention.
(b) Inspection of Schools for Fire Hazards; Removal of Hazards. Every public school building in the State shall be inspected a minimum of two times during the year in accordance with the following plan: Provided, that the periodic inspections herein required shall be at least 120 days apart:
(2) The board of county
commissioners of each county shall designate the persons to make the
inspections and reports required by subdivision (1) of this subsection. The
board may designate any city or county building inspector, any city or county
fire prevention bureau, any city or county electrical inspector, the county
fire marshal, or any other qualified persons, but no person shall make any
inspection unless he shall be qualified as required by G.S. 153A‑351.1
G.S. 160D‑1103 and Section 7 of Chapter 531 of the 1977
Session Laws. Nothing in this section shall be construed as prohibiting two or
more counties from designating the same persons to make the inspections and
reports required by subdivision (1) of this subsection. The board of county
commissioners shall compensate or provide for the compensation of the persons
designated to make all such inspections and reports. The board of county
commissioners may make appropriations in the general fund of the county to meet
the costs of such inspections, or in the alternative the board may add
appropriations to the school current expense fund to meet the costs thereof:
Provided, that if appropriations are added to the school current expense fund,
such appropriations shall be in addition to and not in substitution of existing
school current expense appropriations.
."
SECTION 15. G.S. 122C‑403 reads as rewritten:
"§ 122C‑403. Secretary's authority over Camp Butner reservation.
The Secretary shall administer the
Camp Butner reservation except (i) those areas within the municipal boundaries
of the Town of Butner and (ii) that portion of the Town of Butner's
extraterritorial jurisdiction consisting of lands not owned by the State of
North Carolina. In performing this duty, the Secretary has the powers listed
below. In exercising these powers the Secretary has the same authority and is
subject to the same restrictions that the governing body of a city would have
and would be subject to if the reservation was a city, unless this section provides
to the contrary. The Secretary may:may do the following:
(3) Regulate the development
of the reservation in accordance with the powers granted in Article 19,
Parts 2, 3, 3C, 5, 6, and 7, of Chapter 160A Articles 7, 8, 11, and 12
and Parts 4 and 5 of Article 9 of Chapter 160D of the General Statutes. The
Secretary may shall not, however, grant a special use permit,
a conditional use permit, or a special exception under Part 3 of that Article. permit
under Article 7 of that Chapter. In addition, the Secretary is not required
to notify landowners of zoning classification actions under G.S. 160A‑384,
G.S. 160D‑601, but the Secretary shall give the mayor of
the Town of Butner at least 14 days' advance written notice of any proposed
zoning change. The Secretary may designate Advisory establish a board to
act like a Board of Adjustment to make recommendations to the Secretary
concerning implementation of plans for the development of the reservation. When
acting as a Board of Adjustment, Advisory that the board shall
be is subject to subsections (b), (c), (d), (f), and (g) of G.S.
160A‑388.(c) and (d) of G.S. 160D‑705 and subsections
(f) and (g) of G.S. 160D‑406.
(4) Establish one or more
planning agencies in accordance with the power granted in G.S. 160A‑361.G.S. 160D‑301.
(6) Control erosion and
sedimentation on the reservation in accordance with the powers granted in G.S. 160A‑458
G.S. 160D‑922 and Article 4 of Chapter 113A of the
General Statutes.
(7) Contract with and
undertake agreements with units of local government in accordance with the
powers granted in G.S. 160A‑413 G.S. 160D‑402 and
Article 20, Part 1, Part 1 of Article 20 of Chapter 160A of the
General Statutes.
(8) Regulate floodways on the
reservation in accordance with the powers granted in G.S. 160A‑458.1
G.S. 160D‑923 and Article 21, Part 6, Part 6 of
Article 21 of Chapter 143 of the General Statutes.
."
SECTION 16. G.S. 122C‑410 reads as rewritten:
"§ 122C‑410. Authority of county or city over Camp Butner Reservation; zoning jurisdiction by Town of Butner over State lands.
(b) A county ordinance may
apply in part or all of the Camp Butner reservation (other than areas within
the Town of Butner) if the Secretary gives written approval of the ordinance,
except that ordinances adopted by a county under Article 18 of Chapter 153A Chapter
160D of the General Statutes may not apply in the extraterritorial
jurisdiction of the Town of Butner without approval of the Butner Town Council.
The Secretary may withdraw approval of a county ordinance by giving written
notification, by certified mail, return receipt requested, to the county. A
county ordinance ceases to be effective in the Camp Butner reservation 30 days
after the county receives the written notice of the withdrawal of approval.
This section does not enhance or diminish the authority of a county to enact
ordinances applicable to the Town of Butner and its extraterritorial
jurisdiction.
(c) Notwithstanding any
other provision of this Article, no portion of the lands owned by the State as
of September 1, 2007, which are located in the extraterritorial jurisdiction or
the incorporated limits of the Town of Butner shall be subject to any of the
powers granted to the Town of Butner pursuant to Article 19 of Chapter 160A Chapter
160D of the General Statutes except as to property no longer owned by the
State. If any portion of such property owned by the State of North Carolina as
of September 1, 2007, is no longer owned by the State, the Town of Butner may
exercise all legal authority granted to the Town pursuant to the terms of its
charter or by Article 19 of Chapter 160A Chapter 160D of the
General Statutes and may do so by ordinances adopted prior to the actual date
of transfer. Before the State shall dispose of any property inside the
incorporated limits of the Town of Butner or any of that property currently
under the control of the North Carolina Department of Health and Human Services
or the North Carolina Department of Agriculture and Consumer Services within
the extraterritorial jurisdiction of the Town of Butner, southeast of Old
Highway 75, northeast of Central Avenue, southwest of 33rd Street, and
northwest of "G" Street, by sale or lease for any use not directly
associated with a State function, the Town of Butner shall first be given the
right of first refusal to purchase said property at fair market value as
determined by the average of the value of said property as determined by a
qualified appraiser selected by the Secretary and a qualified appraiser
selected by the Town of Butner."
SECTION 17. G.S. 130A‑64.1 reads as rewritten:
"§ 130A‑64.1. Notice of new or increased charges and rates; public comment period.
(a) A sanitary district
shall provide notice to interested parties of the imposition of or increase in
service charges or rates applicable solely to the construction of development
subject to Part 2 of Article 19 of Chapter 160A or Part 2 of Article 18 of
Chapter 153A Article 8 of Chapter 160D of the General Statutes for
any service provided by the sanitary district at least seven days prior to the
first meeting where the imposition of or increase in the charges or rates is on
the agenda for consideration. The sanitary district shall employ at least two
of the following means of communication in order to provide the notice required
by this section:
."
SECTION 18. G.S. 130A‑247 reads as rewritten:
"§ 130A‑247. Definitions.
The following definitions shall apply throughout this Part:
(13) "Temporary food
establishment" means an establishment not otherwise exempted from this
part pursuant to G.S. 130A‑250 that (i) prepares or serves food,
(ii) operates for a period of time not to exceed 30 days in one location, and
(iii) is affiliated with and endorsed by a transitory fair, carnival, circus,
festival, public exhibition, or agritourism business. For purposes of this
subdivision, "agritourism" means the same as in G.S. 153A‑340(b)(2a).
G.S. 160D‑903(a). Notwithstanding the time limit set out
in this subdivision, a local health department may, upon the request of a
temporary food establishment, grant a one‑time, 15‑day extension of
the establishment's permit if the establishment continues to meet all of the
requirements of its permit and applicable rules.
."
SECTION 19. G.S. 130A‑250 reads as rewritten:
"§ 130A‑250. Exemptions.
The following shall be exempt from this Part:
(15) Temporary family health
care structures under G.S. 153A‑341.3 or G.S. 160A‑383.5.G.S. 160D‑915.
."
SECTION 20.(a) G.S. 130A‑291.1 reads as rewritten:
"§ 130A‑291.1. Septage management program; permit fees.
(g) Production of a crop in
accordance with an approved nutrient management plan on land that is permitted
as a septage land application site is a bona fide farm purpose under G.S. 153A‑340.G.S. 160D‑903(a).
."
SECTION 20.(b) If Senate Bill 762, 2021 Regular Session, becomes law, then this section is repealed.
SECTION 21. G.S. 130A‑309.118 reads as rewritten:
"§ 130A‑309.118. (Expires October 1, 2023) Effect on local ordinances.
This Part shall does not
be construed to limit the authority of counties under Article 18 of
Chapter 153A of the General Statutes or the authority of cities under Article
19 of Chapter 160A local governments under Chapter 160D of the
General Statutes."
SECTION 22. G.S. 130A‑310.37 reads as rewritten:
"§ 130A‑310.37. Construction of Part.
(a) This Part is not intended and shall not be construed to:
(1) Affect the ability of
local governments to regulate land use under Article 19 of Chapter 160A of
the General Statutes and Article 18 of Chapter 153A Chapter 160D of
the General Statutes. The use of the identified brownfields property and any
land‑use restrictions in the brownfields agreement shall be consistent
with local land‑use controls adopted under those statutes.
."
SECTION 23. G.S. 130A‑310.77 reads as rewritten:
"§ 130A‑310.77. Construction of Part.
This Part shall not be construed or implemented in any of the following ways:
(4) To supersede or otherwise
affect or prevent the enforcement of any land‑use or development
regulation or ordinance adopted by a municipality pursuant to Article 19 of
Chapter 160A of the General Statutes or adopted by a county pursuant to Article
18 of Chapter 153A local government pursuant to Chapter 160D of the
General Statutes. The use of a site and any land‑use restrictions imposed
as part of a remedial action plan shall comply with land‑use and
development controls adopted by a municipality pursuant to Article 19 of
Chapter 160A of the General Statutes or adopted by a county pursuant to Article
18 of Chapter 153A local government pursuant to Chapter 160D of the
General Statutes."
SECTION 24. G.S. 131D‑2.1 reads as rewritten:
"§ 131D‑2.1. Definitions.
As used in this Article:
(10) Multiunit assisted housing with services. An assisted living residence in which hands‑on personal care services and nursing services which are arranged by housing management are provided by a licensed home care or hospice agency through an individualized written care plan. The housing management has a financial interest or financial affiliation or formal written agreement which makes personal care services accessible and available through at least one licensed home care or hospice agency. The resident has a choice of any provider, and the housing management may not combine charges for housing and personal care services. All residents, or their compensatory agents, must be capable, through informed consent, of entering into a contract and must not be in need of 24‑hour supervision. Assistance with self‑administration of medications may be provided by appropriately trained staff when delegated by a licensed nurse according to the home care agency's established plan of care. Multiunit assisted housing with services programs are required to register annually with the Division of Health Service Regulation. Multiunit assisted housing with services programs are required to provide a disclosure statement to the Division of Health Service Regulation. The disclosure statement is required to be a part of the annual rental contract that includes a description of the following requirements:
a. Emergency response system;
b. Charges for services offered;
c. Limitations of tenancy;
d. Limitations of services;
e. Resident responsibilities;
f. Financial/legal relationship between housing management and home care or hospice agencies;
g. A listing of all home care or hospice agencies and other community services in the area;
h. An appeals process; and
i. Procedures for required initial and annual resident screening and referrals for services.
Continuing
care retirement communities, subject to regulation by the Department of
Insurance under Chapter 58 of the General Statutes, and temporary family health
care structures, as defined in G.S. 160A‑383.5, G.S. 160D‑915,
are exempt from the regulatory requirements for multiunit assisted housing
with services programs.
."
SECTION 25. G.S. 132‑1.2 reads as rewritten:
"§ 132‑1.2. Confidential information.
Nothing in this Chapter shall be construed to require or authorize a public agency or its subdivision to disclose any information that:
(5) Reveals the seal of a
licensed design professional who is licensed under Chapter 83A or Chapter 89C
of the General Statutes that has been submitted for project approval to (i)
a municipality under Part 5 of Article 19 of Chapter 160A of the General
Statutes or (ii) to a county under Part 4 of Article 18 of Chapter 153A a
local government under Article 11 of Chapter 160D of the General Statutes.
Notwithstanding this exemption, a municipality or county that receives a
request for a document submitted for project approval that contains the seal of
a licensed design professional who is licensed under Chapter 83A or Chapter 89C
of the General Statutes and that is otherwise a public record by G.S. 132‑1
shall allow a copy of the document without the seal of the licensed design
professional to be examined and copied, consistent with any rules adopted by
the licensing board under Chapter 83A or Chapter 89C of the General Statutes
regarding an unsealed document.
."
SECTION 26. G.S. 139‑60 reads as rewritten:
"§ 139‑60. Agricultural Water Resources Assistance Program.
(c1) To be eligible for
assistance under this program, each applicant must establish that the applicant
meets the definition of is a bona fide farm as described by G.S. 153A‑340(b)(2).G.S. 160D‑903(a).
."
SECTION 27. G.S. 143‑64.17K reads as rewritten:
"§ 143‑64.17K. Inspection and compliance certification for State governmental units.
The provisions of G.S. 143‑341(3) shall not apply to any energy conservation measure for State governmental units provided pursuant to this Part, except as specifically set forth in this section. Except as otherwise exempt under G.S. 116‑31.11, the following shall apply to all energy conservation measures provided to State governmental units pursuant to this Part:
(1) The provisions of G.S. 133‑1.1.
(2) Inspection and certification by:
a. The applicable local
building inspector under Part 4 of Article 18 of Chapter 153A of the General
Statutes or Part 5 of Article 19 of Chapter 160A Article 11 of Chapter
160D of the General Statutes; or
b. At the election of the State governmental unit, the Department of Administration under G.S. 143‑341(3)d.
The cost of compliance with this section may be included in the cost of the project in accordance with G.S. 143‑64.17A(c1) and may be included in the cost financed under Article 8 of Chapter 142 of the General Statutes."
SECTION 28. G.S. 143‑139 reads as rewritten:
"§ 143‑139. Enforcement of Building Code.
(b) General Building Regulations. The Insurance Commissioner shall have general authority, through the Division of Engineering of the Department of Insurance, to supervise, administer, and enforce all sections of the North Carolina State Building Code pertaining to plumbing, electrical systems, general building restrictions and regulations, heating and air conditioning, fire protection, and the construction of buildings generally, except those sections of the Code, the enforcement of which is specifically allocated to other agencies by subsections (c) through (e) below. In the exercise of the duty to supervise, administer, and enforce the North Carolina State Building Code (including local building codes which have superseded the State Building Code in a particular political subdivision pursuant to G.S. 143‑138(e)), the Commissioner, through the Division of Engineering, shall:
(1) Cooperate with local
officials and local inspectors duly appointed by the governing body of any municipality
or board of county commissioners pursuant to Part 5 of Article 19 of Chapter
160A of the General Statutes or Part 4 of Article 18 of Chapter 153A local
government pursuant to Article 11 of Chapter 160D of the General Statutes,
or any other applicable statutory authority.
(b1) Remedies. In case any
building or structure is maintained, erected, constructed, or reconstructed or
its purpose altered, so that it becomes in violation of this Article or of the
North Carolina State Building Code, either the local enforcement officer or the
State Commissioner of Insurance or other State official with responsibility
under this section may, in addition to other remedies, institute any
appropriate action or proceeding to: (i) prevent the unlawful maintenance,
erection, construction, or reconstruction or alteration of purpose, or
overcrowding, (ii) restrain, correct, or abate the violation, or (iii) prevent
the occupancy or use of the building, structure, or land until the violation is
corrected. In addition to the civil remedies set out in G.S. 160A‑175
and G.S. 153A‑123, a county, city, or other political subdivision
authorized to enforce the North Carolina State Building Code within its
jurisdiction may, for the purposes stated in (i) through (iii) of this
subsection, levy a civil penalty for violation of the fire prevention code of
the North Carolina State Building Code, which penalty may be recovered in a
civil action in the nature of debt if the offender does not pay the penalty
within a prescribed period of time after the offender has been cited for the
violation. If the Commissioner or other State official institutes an action or
proceeding under this section, a county, city, or other political subdivision
may not institute a civil action under this section based upon the same
violation. Appeals from the imposition of any remedy set forth herein,
including the imposition of a civil penalty by a county, city, or other
political subdivision, shall be as provided in G.S. 160A‑434.G.S. 160D‑1127.
."
SECTION 29.(a) G.S. 143‑139.4 reads as rewritten:
"§ 143‑139.4. Certain building inspections by State.
(k) As used in this section, the following terms mean:
(1) Inspection. An inspection required by the North Carolina State Building Code in any of the following categories:
a. Plumbing.
b. Electrical systems.
c. General building restrictions and regulations.
d. Heating and air‑conditioning.
e. General construction inspection.
(2) Local inspection
department. Any county, city, or joint agency performing State Building Code
inspections under Article 18 of Chapter 153A of the General Statutes or
Article 19 of Chapter 160A Chapter 160D of the General Statutes.
(3) Requestor. The permit holder, or an individual acting on behalf of the permit holder, who made an initial request for an inspection to a local inspection department."
SECTION 29.(b) If Senate Bill 372, 2021 Regular Session, becomes law, then this section is repealed.
SECTION 30. G.S. 143‑151.8 reads as rewritten:
"§ 143‑151.8. Definitions.
(a) As used in this
Article, unless the context otherwise requires:The following definitions
apply in this Article:
(1) "Board"
means the Board. The North Carolina Code Officials Qualification
Board.
(2) "Code" means
the Code. Consists of all of the following:
a. The North Carolina State Building Code adopted by the Building Code Council under G.S. 143‑138.
b. and related local Local building
rules approved by the Building Code Council enacted, adopted or approved under
G.S. 143‑138, Council.
c. any Any resolution adopted by a
federally recognized Indian Tribe under G.S. 153A‑350.1 in
which the Tribe adopts the North Carolina State Building Code and related local
building rules, rules.
d. and the The standards adopted by the
Commissioner of Insurance under G.S. 143‑143.15(a).
(3) "Code
enforcement" means the Code enforcement. The examination and
approval of plans and specifications, or the inspection of the manner of
construction, workmanship, and materials for construction of buildings and
structures and components thereof, their components, or the
enforcement of fire code regulations by any of the following, to assure
compliance with the State Building Code and related local building rules:
a. as an An employee of the State or
local government government, except an employee of the State
Department of Labor engaged in the administration and enforcement of sections
of the Code that pertain to boilers and elevators.
b. or as an An employee of a federally
recognized Indian Tribe employed to perform inspections on tribal lands
under G.S. 153A‑350.1, lands.
c. as an An individual contracting with
the State or State, a local government government, or
a federally recognized Indian Tribe who performs to perform inspections
on tribal lands under G.S. 153A‑350.1 to conduct inspections, lands.
d. or as an An individual who is
employed by a company contracting with a county or a city to conduct inspections,
except an employee of the State Department of Labor engaged in the
administration and enforcement of those sections of the Code which pertain to
boilers and elevators, to assure compliance with the State Building Code and
related local building rules.inspections.
(4) "Local inspection
department" means the Local inspection department. The agency
or agencies of local government, or any government agency of a federally
recognized Indian Tribe under G.S. 153A‑350.1, Tribe, with
authority to make inspections of buildings and to enforce the Code and other
laws, ordinances, and rules enacted by the State and the State, a local
government government, or a federally recognized Indian Tribe under
G.S. 153A‑350.1, which establish standards and requirements
applicable to the construction, alteration, repair, or demolition of buildings,
and conditions that may create hazards of fire, explosion, or related hazards.Tribe.
(5) "Qualified Code‑enforcement
official" means a Qualified Code‑enforcement official. A person
qualified under this Article to engage in the practice of Code enforcement.
(b) For purposes of this
Article, the population of a city or county shall be is determined
according to the most current federal census, unless otherwise specified.
(c) For purposes of this
Article, "willful misconduct, gross negligence, or gross
incompetence" in addition to the meaning of those terms under other
provisions of the General Statutes or at common law, shall include includes
any of the following:
(1) The enforcement of Enforcing
a Code requirement applicable to a certain area or set of circumstances in
other areas or circumstances not specified in the requirement.
(2) For Refusing to
accept an alternative design or construction method that has been appealed
under G.S. 143‑140.1 and found by the Department of Insurance to
comply with the Code, to refuse to accept the decision by the Department to
allow that alternative design or construction method Code under the
conditions or circumstances set forth in the Department's decision for that
appeal.
(3) For Refusing to
allow an alternative construction method currently included in the Building
Code, to refuse to allow the alternative method Code under the
conditions or circumstances set forth in the Code for that alternative method.
(4) The enforcement of Enforcing
a requirement that is more stringent than or otherwise exceeds the Code
requirement.
(5) To refuse Refusing
to implement or adhere to an interpretation of the Building Code issued by
the Building Code Council or the Department of Insurance.
(6) The habitual failure Habitually
failing to provide requested inspections in a timely manner.
(7) Enforcement of Enforcing
a Code official's preference in the method or manner of installation of
heating ventilation and air‑conditioning units, appliances, or equipment that
if it is not required by the State Building Code and is in
contradiction of a manufacturer's installation instructions or
specifications."
SECTION 31. G.S. 143‑151.12 reads as rewritten:
"§ 143‑151.12. Powers.
In addition to powers conferred
upon the Board elsewhere in this Article, the Board shall have has the
power to:to do the following:
(1) Adopt rules necessary to
administer this Article;Article.
(1a) Require State agencies,
local inspection departments, and local governing bodies to submit reports and
information about the employment, education, and training of Code‑enforcement
officials;officials.
(2) Establish minimum
standards for employment as a Code‑enforcement official: (i) in
probationary or temporary status, and (ii) in permanent positions;positions.
(3) Certify persons as being
qualified under the provisions of this Article to be Code‑enforcement
officials, including persons employed by a federally recognized Indian Tribe to
perform inspections on tribal lands under G.S. 153A‑350.1;lands.
(4) Consult and cooperate
with counties, municipalities, agencies of this State, other governmental
agencies, and with universities, colleges, junior colleges, community colleges
and other institutions concerning the development of Code‑enforcement
training schools and programs or courses of instruction;instruction.
(5) Establish minimum
standards and levels of education or equivalent experience for all Code‑enforcement
instructors, teachers or professors;professors.
(6) Conduct and encourage
research by public and private agencies which that shall be
designed to improve education and training in the administration of Code enforcement;enforcement.
(7) Adopt and amend bylaws,
consistent with law, for its internal management and control; appoint such advisory
committees as it may deem necessary; and enter into contracts and do such
other things as may be necessary and incidental to the exercise of
its authority pursuant to this Article; and,Article.
(8) Make recommendations
concerning any matters within its purview pursuant to this Article; [and]Article.
(9) Establish within the Department of Insurance a marketplace pool of qualified Code‑enforcement officials available for the following purposes:
a. When requested by the Insurance Commissioner, to assist in the discharge of the Commissioner's duty under G.S. 143‑139 to supervise, administer, and enforce the North Carolina State Building Code.
b. When requested by local inspection departments, to assist in Code enforcement."
SECTION 32. G.S. 143‑151.13 reads as rewritten:
"§ 143‑151.13. Required standards and certificates for Code‑enforcement officials.
(e) The Board shall, without
requiring an examination, issue a standard certificate to any person who is
currently certified as a county electrical inspector pursuant to G.S. 153A‑351.
G.S. 160D‑1102. The certificate issued by the Board shall
authorize the person to serve at the electrical inspector level approved by the
Commissioner of Insurance in G.S. 153A‑351.G.S. 160D‑1102.
."
SECTION 33. G.S. 143‑151.15 reads as rewritten:
"§ 143‑151.15. Return of certificate to Board; reissuance by Board.
A certificate issued by the Board
under this Article is valid as long as the person certified is employed by the
State of North Carolina or any political subdivision thereof as a Code‑enforcement
official, or is employed by a federally recognized Indian Tribe to perform
inspections on tribal lands under G.S. 153A‑350.1 as a Code‑enforcement
official. When the person certified leaves that employment for any reason, he
shall return the certificate to the Board. If the person subsequently obtains
employment as a Code‑enforcement official in any governmental
jurisdiction described above, the Board may reissue the certificate to him. The
provisions of G.S. 143‑151.16(b) relating to renewal fees and late
renewals shall apply, if appropriate. The provisions of G.S. 143‑151.16(c)
shall not apply. This section does not affect the Board's powers under
G.S. 143‑151.17."
SECTION 34. G.S. 143‑151.17 reads as rewritten:
"§ 143‑151.17. Grounds for disciplinary actions; investigation; administrative procedures.
(a) The Board shall have has
the power to suspend any or all certificates, revoke any or all
certificates, suspend, revoke, demote any or all certificates to
a lower level, or refuse to grant any a certificate issued under the
provisions of this Article to any person who:to whom any of the
following applies:
(1) Has been convicted of a
felony against this State or the United States, or convicted of a felony in
another state that would also be a felony if it had been committed in this State;State.
(2) Has obtained
certification through fraud, deceit, or perjury;perjury.
(3) Has knowingly aided or
abetted any person practicing contrary to the provisions of this Article or the
State Building Code or any building codes adopted by a federally recognized
Indian Tribe under G.S. 153A‑350.1;Tribe.
(4) Has defrauded the public
or attempted to do so;so.
(5) Has affixed his or her
signature to a report of inspection or other instrument of service if no
inspection has been made by him or her or under his or her immediate
and responsible direction; or,direction.
(6) Has been guilty of
willful misconduct, gross negligence negligence, or gross incompetence.incompetence.
(b) The Board may investigate the actions of any qualified Code‑enforcement official or applicant upon the verified complaint in writing of any person alleging a violation of subsection (a) of this section. The Board may suspend, revoke, or demote to a lower level any certificate of any qualified Code‑enforcement official and refuse to grant a certificate to any applicant, whom it finds to have been guilty of one or more of the actions set out in subsection (a) of this section as grounds for disciplinary action.
(e) The provisions of
this section shall apply This section applies to Code‑enforcement
officials and applicants who are employed or seek to be employed by a federally
recognized Indian Tribe to perform inspections on tribal lands under
G.S. 153A‑350.1.lands."
SECTION 35. G.S. 143‑214.5 reads as rewritten:
"§ 143‑214.5. Water supply watershed protection.
(b) Development and Adoption
of Water Supply Watershed Classifications and Management Requirements. The
Commission shall adopt rules for the classification of water supply watersheds
and that establish minimum statewide water supply watershed protection
requirements applicable to each classification to protect surface water
supplies by (i) controlling development density, (ii) providing for performance‑based
alternatives to development density controls that are based on sound
engineering principles, or (iii) a combination of both (i) and (ii). The
Commission may designate water supply watersheds or portions thereof as
critical water supply watersheds and impose management requirements that are
more stringent than the minimum statewide water supply watershed management
requirements. The Commission may adopt rules that require that any permit
issued by a local government for a development or construction activity
conducted by that local government within a designated water supply watershed
be approved by the Department prior to issuance. Any variance from the minimum
statewide water supply watershed management requirements must be approved by
the Commission prior to the issuance of a permit by a local government. Except
as provided by G.S. 153A‑347 and G.S. 160A‑392, G.S. 160D‑913,
the power to implement this section with respect to development or
construction activities that are conducted by State agencies is vested
exclusively in the Commission.
."
SECTION 36. G.S. 143‑215.104T reads as rewritten:
"§ 143‑215.104T. (Expires January 1, 2032 see notes) Construction of this Part.
(a) This Part is not intended to and shall not be construed to:
(1) Affect the ability of
local governments to regulate land use under Article 19 of Chapter 160A of
the General Statutes and Article 18 of Chapter 153A Chapter 160D of
the General Statutes. The use of the identified contamination site and any land‑use
restrictions in the dry‑cleaning solvent remediation agreement shall be
consistent with local land‑use controls adopted under those statutes.
."
SECTION 37. G.S. 143‑465 reads as rewritten:
"§ 143‑465. Reciprocity; intergovernmental cooperation.
(d) No county, city, or other
political subdivision of the State shall adopt or continue in effect any
ordinance, rule, regulation, or resolution regulating the use, sale,
distribution, storage, transportation, disposal, formulation, labeling,
registration, manufacture, or application of pesticides in any area subject to
regulation by the Board pursuant to this Article. Nothing in this section shall
prohibit a county, city, or other political subdivision of the State from
exercising its planning and zoning authority under Article 19 of Chapter
160A of the General Statutes or Article 18 of Chapter 153A Chapter 160D of
the General Statutes, or from exercising its fire prevention or inspection
authority."
SECTION 38. G.S. 143B‑373 reads as rewritten:
"§ 143B‑373. North Carolina Capital Planning Commission creation; powers and duties.
(a) There is hereby recreated
the North Carolina Capital Planning Commission of the Department of
Administration.
(1) The Commission shall
have has all of the following powers and duties:
d. Recommend to the Governor
the locations for State government buildings, monuments, memorials memorials,
and improvements in Wake County, except for buildings occupied by the
General Assembly.
e. Recommend to the Governor
the name for any new State government building or any building hereafter
acquired by the State of North Carolina in Wake County, with the exception of
buildings comprising a part of the North Carolina State University, the
Dorothea Dix Hospital, the General Assembly Assembly, or the
Governor Morehead School.
(2), (3) Repealed by Session Laws 2014‑115, s. 56.7A, effective August 11, 2014.
(b) Any:
(1) City Any local government exercising
any jurisdiction in Wake County under Article 19 of Chapter 160A of the
General Statutes (or under any local act of similar nature); and
(2) County exercising any jurisdiction in Wake
County under Article 18 of Chapter 153A Chapter 160D of the General Statutes
(or Statutes, or under any local act of similar nature)nature,
shall provide to the North Carolina
Capital Planning Commission no later than August 1, 1989, a copy of any
ordinance adopted under that Article and in effect on July 1, 1989, and shall
provide a copy of any additional ordinance adopted or amended under such
Article that Chapter or similar local act after July 1, 1989, within
30 days of adoption; provided that no adoption. No ordinance
adopted under G.S. 160A‑441 G.S. 160D‑1201 shall
be so provided unless it applies to a structure owned by the State.
(c) Any:
(1) City Any local government exercising
any jurisdiction in Wake County under Article 19 of Chapter 160A of the
General Statutes (or under any local act of similar nature); and
(2) County exercising any jurisdiction in Wake
County under Article 18 of Chapter 153A Chapter 160D of the General Statutes
(or Statutes, or under any local act of similar nature)nature,
shall provide to the North Carolina
Capital Planning Commission within seven days of first consideration by the
governing body any proposal under either of those Articles that
Chapter or local acts which, if adopted that, if adopted, would
affect property within Wake County owned by the State.
."
SECTION 39. G.S. 153A‑44 reads as rewritten:
"§ 153A‑44. Members excused from voting.
The board may excuse a member from
voting, but only upon questions involving the member's own financial interest
or official conduct or on matters on which the member is prohibited from voting
under G.S. 14‑234, 153A‑340(g), or 160A‑388(e)(2). G.S. 14‑234
or G.S. 160D‑109. For purposes of this section, the question of
the compensation and allowances of members of the board does not involve a
member's own financial interest or official conduct."
SECTION 40. G.S. 153A‑149 reads as rewritten:
"§ 153A‑149. Property taxes; authorized purposes; rate limitation.
(c) Each county may levy property taxes for one or more of the purposes listed in this subsection up to a combined rate of one dollar and fifty cents ($1.50) on the one hundred dollars ($100.00) appraised value of property subject to taxation. Authorized purposes subject to the rate limitation are:
(15a) Housing Rehabilitation.
To provide for housing rehabilitation programs authorized by G.S. 153A‑376,
G.S. 160D‑1311, including personnel costs related to the
planning and administration of these programs. This subdivision applies only to
counties with a population of 400,000 or more, according to the most recent
decennial federal census.
(15b) Housing. To undertake
housing programs for low‑ and moderate‑income persons as provided
in G.S. 153A‑378.G.S. 160D‑1316.
(23) Open Space. To acquire
open space land and easements in accordance with Article 19, Part 4, Chapter
160A Part 1 of Article 13 of Chapter 160D of the General Statutes.
(26) Planning. To provide for
a program of planning and regulation of development in accordance with Article
18 of this Chapter and Article 19, Parts 3A and 6, of Chapter 160A Chapter
160D of the General Statutes.
."
SECTION 41. G.S. 153A‑210.4 reads as rewritten:
"§ 153A‑210.4. (Article has an expiration date see note) Financing a project for which an assessment is imposed.
(d) Performance Bond. A
subdivision control ordinance adopted by a county under G.S. 153A‑331
G.S. 160D‑804 providing for a performance bond or
guarantee to assure successful completion of required improvements under G.S. 160D‑804.1
will apply to a project funded in whole or in part by an assessment under
this Article."
SECTION 42.(a) G.S. 153A‑471 reads as rewritten:
"§ 153A‑471. Unified government.
(b) All of the following shall apply to any county exercising the powers, duties, functions, rights, privileges, and immunities of a city under this Article:
(6) G.S. 153A‑340(b)
G.S. 160D‑903(a) (Zoning of Bona Fide Farms) shall apply
to all areas within the county boundaries.
."
SECTION 42.(b) If Senate Bill 762, 2021 Regular Session, becomes law, then this section is repealed.
SECTION 43. G.S. 159G‑23 reads as rewritten:
"§ 159G‑23. Priority consideration for loan or grant from Wastewater Reserve or Drinking Water Reserve.
The considerations for priority in this section apply to a loan or grant from the Wastewater Reserve or the Drinking Water Reserve. The Division of Water Infrastructure must consider the following items when evaluating applications:
(4) Comprehensive land‑use
plan. A project that is located in a city or county that has adopted or has
taken significant steps to adopt a comprehensive land‑use plan under Article
18 of Chapter 153A of the General Statutes or Article 19 of Chapter 160A Chapter
160D of the General Statutes. The existence of a plan has more priority
than steps taken to adopt a plan, such as adoption of a zoning ordinance. A
plan that exceeds the minimum State standards for protection of water resources
has higher priority than one that does not. A project is considered to be
located in a city or county if it is located in whole or in part in that unit.
A land‑use plan is not considered a comprehensive land‑use plan
unless it has provisions that protect existing water uses and ensure compliance
with water quality standards and classifications in all waters of the State
affected by the plan.
."
SECTION 44. G.S. 160A‑31 reads as rewritten:
"§ 160A‑31. Annexation by petition.
(h) A city council which
receives a petition for annexation under this section may by ordinance require
that the petitioners file a signed statement declaring whether or not vested
rights with respect to the properties subject to the petition have been
established under G.S. 160A‑385.1 or G.S. 153A‑344.1. G.S. 160D‑108
or G.S. 160D‑108.1. If the statement declares that such rights
have been established, the city may require petitioners to provide proof of
such rights. A statement which declares that no vested rights have been
established under G.S. 160A‑385.1 or G.S. 153A‑344.1 G.S. 160D‑108
or G.S. 160D‑108.1 shall be binding on the landowner and any
such vested right shall be terminated.
."
SECTION 45. G.S. 160A‑58.1 reads as rewritten:
"§ 160A‑58.1. Petition for annexation; standards.
(b) A noncontiguous area proposed for annexation must meet all of the following standards:
(4) If the area proposed for
annexation, or any portion thereof, is a subdivision as defined in
G.S. 160A‑376, subject to subdivision regulation as described
in G.S. 160D‑802, all of the subdivision must be included.
(d) A city council which
receives a petition for annexation under this section may by ordinance require
that the petitioners file a signed statement declaring whether or not vested
rights with respect to the properties subject to the petition have been
established under G.S. 160A‑385.1 or G.S. 153A‑344.1. G.S. 160D‑108
or G.S. 160D‑108.1. If the statement declares that such rights
have been established, the city may require petitioners to provide proof of
such rights. A statement which declares that no vested rights have been
established under G.S. 160A‑385.1 or G.S. 153A‑344.1 G.S. 160D‑108
or G.S. 160D‑108.1 shall be binding on the landowner and any
such vested rights shall be terminated."
SECTION 46. G.S. 160A‑58.4 reads as rewritten:
"§ 160A‑58.4. Extraterritorial powers.
Satellite corporate limits shall
not be considered a part of the city's corporate limits for the purposes of
extraterritorial land‑use regulation pursuant to G.S. 160A‑360,
G.S. 160D‑202 or abatement of public health nuisances
pursuant to G.S. 160A‑193. However, a city's power to regulate land
use pursuant to Chapter 160A, Article 19, 160D of the General
Statutes or to abate public health nuisances pursuant to G.S. 160A‑193,
shall be the same within satellite corporate limits as within its primary
corporate limits."
SECTION 47. G.S. 160A‑209 reads as rewritten:
"§ 160A‑209. Property taxes.
(c) Each city may levy property taxes for one or more of the following purposes subject to the rate limitation set out in subsection (d):
(9a) Community Development.
To provide for community development as authorized by G.S. 160A‑456
and 160A‑457.G.S. 160D‑1311 and G.S. 160D‑1312.
(12a) Energy Financing. To
provide financing for renewable energy and energy efficiency in accordance with
a program established under G.S. 160A‑459.1.G.S. 160D‑1320.
(15a) Housing. To undertake
housing projects as defined in G.S. 157‑3, and urban homesteading
programs under G.S. 160A‑457.2.G.S. 160D‑1314.
(23) Open Space. To acquire
open space land and easements in accordance with Article 19, Part 4, of this
Chapter.Part 1 of Article 13 of Chapter 160D of the General Statutes.
(25) Planning. To provide for
a program of planning and regulation of development in accordance with Article
19 of this Chapter.Chapter 160D of the General Statutes.
."
SECTION 48. G.S. 160A‑239.4 reads as rewritten:
"§ 160A‑239.4. (See note for expiration of Article) Funding a project for which an assessment is imposed.
(d) Performance Bond. A
subdivision control ordinance adopted by a city under G.S. 160A‑372
G.S. 160D‑804 providing for a performance bond or
guarantee to assure successful completion of required improvements under G.S. 160D‑804.1
will apply to a project funded in whole or in part by an assessment under
this Article."
SECTION 49. G.S. 160A‑307.1 reads as rewritten:
"§ 160A‑307.1. Limitation on city requirements for street improvements related to schools.
A city may only require street
improvements related to schools that are required for safe ingress and egress
to the municipal street system and that are physically connected to a driveway
on the school site. The required improvements shall not exceed those required
pursuant to G.S. 136‑18(29). G.S. 160A‑307 shall not
apply to schools. A city may only require street improvements related to
schools as provided in G.S. 160A‑372. G.S. 160D‑804.
The cost of any improvements to the municipal street system pursuant to
this section shall be reimbursed by the city. Any agreement between a school
and a city to make improvements to the municipal street system shall not
include a requirement for acquisition of right‑of‑way by the
school, unless the school is owned by an entity that has eminent domain power.
Any right‑of‑way costs incurred by a school for required
improvements pursuant to this section shall be reimbursed by the city.
Notwithstanding any provision of this Chapter to the contrary, a city may not
condition the approval of any zoning, rezoning, or permit request on the waiver
or reduction of any provision of this section. The term "school," as
used in this section, means any facility engaged in the educational instruction
of children in any grade or combination of grades from kindergarten through the
twelfth grade at which attendance satisfies the compulsory attendance law and
includes charter schools authorized under G.S. 115C‑218.5."
SECTION 50. G.S. 160A‑505 reads as rewritten:
"§ 160A‑505. Alternative organization.
(a) In lieu of creating a
redevelopment commission as authorized herein, the governing body of any
municipality may, if it deems wise, either designate a housing authority
created under the provisions of Chapter 157 of the General Statutes to exercise
the powers, duties, and responsibilities of a redevelopment commission as
prescribed herein, or undertake to exercise such powers, duties, and responsibilities
itself. Any such designation shall be by passage of a resolution adopted in
accordance with the procedure and pursuant to the findings specified in
G.S. 160A‑504(a) and (b). In the event a governing body designates
itself to perform the powers, duties, and responsibilities of a redevelopment
commission under this subsection, or exercises those powers, duties, and
responsibilities pursuant to G.S. 153A‑376 or G.S. 160A‑456,
G.S. 160D‑1311, then where any act or proceeding is
required to be done, recommended, or approved both by a redevelopment
commission and by the municipal governing body, then the performance,
recommendation, or approval thereof once by the municipal governing body shall
be sufficient to make such performance, recommendation, or approval valid and
legal. In the event a municipal governing body designates itself to exercise
the powers, duties, and responsibilities of a redevelopment commission, it may
assign the administration of redevelopment policies, programs and plans to any
existing or new department of the municipality.
."
SECTION 51. G.S. 162A‑6 reads as rewritten:
"§ 162A‑6. Powers of authority generally.
(a) Each authority created hereunder shall be deemed to be a public instrumentality exercising public and essential governmental functions to provide for the public health and welfare, and each authority is authorized and empowered:
(10) To acquire in the name of
the authority by gift, grant, purchase, devise, exchange, lease, acceptance of
offers of dedication by plat, or any other lawful method, to the same extent
and in the same manner as provided for cities and towns under the provisions of
G.S. 160A‑240.1 and G.S. 160A‑374, G.S. 160D‑806,
or the exercise of the right of eminent domain in accordance with the General
Statutes of North Carolina which may be applicable to the exercise of such
powers by municipalities or counties, any lands or rights in land or water
rights in connection therewith, and to acquire such personal property, as it
may deem necessary in connection with the acquisition, construction,
reconstruction, improvement, extension, enlargement or operation of any water
system or sewer system, and to hold and dispose of all real and personal
property under its control; provided, that the taking of water from any stream
or reservoir by any authority created under the provisions of this Article
shall not vest in the taker any rights by prescription; provided, further, that
nothing in this section shall affect rights by prescription, if any, now held by
any municipality and which may be later transferred to any authority of which
such municipality may become a member;
."
SECTION 52. G.S. 162A‑9 reads as rewritten:
"§ 162A‑9. Rates and charges; notice; contracts for water or services; deposits; delinquent charges.
(a1) An authority shall
provide notice to interested parties of the imposition of or increase in rates,
fees, and charges under subsection (a) of this section applicable solely to the
construction of development subject to Part 2 of Article 19 of Chapter 160A
or Part 2 of Article 18 of Chapter 153A Article 8 of Chapter 160D of
the General Statutes at least seven days prior to the first meeting where the
imposition of or increase in the rates, fees, and charges is on the agenda for
consideration. The authority shall employ at least two of the following means
of communication in order to provide the notice required by this subsection:
."
SECTION 53. G.S. 162A‑93 reads as rewritten:
"§ 162A‑93. Certain city actions prohibited.
(b) The provisions of
subsection (a) shall not apply if the city council adopts an annexation
ordinance including an area served by a district and finds, after a public
hearing, that adequate fire protection cannot be provided in the area because
of the level of available water service. Notice of the public hearing shall be
provided by first class mail to each affected customer and by publication in a
newspaper having general circulation in the area, each not less than 10 days
before the hearing. The clerk's certification of the mailing shall be deemed
conclusive in the absence of fraud. Any resident of the annexed area aggrieved
by such a finding of the council may file a petition for review in the superior
court in the nature of certiorari, within 30 days after the finding. The
petition for review in the nature of certiorari shall comply with G.S. 160A‑393.G.S. 160D‑1402.
."
PART II. OTHER TECHNICAL CORRECTIONS, as recommended by the general statutes commission
SECTION 54.(a) G.S. 1‑54.1 reads as rewritten:
"§ 1‑54.1. Two months.Sixty days.
Within two months an An action contesting
the validity of any ordinance adopting or amending a zoning map or approving
a conditional zoning district rezoning request under Article 7 of
Chapter 160D of the General Statutes. Such an action accrues upon adoption of
such ordinance or amendment. As used herein, the term two months shall be
calculated as 60 days.shall be brought within 60 days of the adoption of
the ordinance."
SECTION 54.(b) G.S. 160D‑1405 reads as rewritten:
"§ 160D‑1405. Statutes of limitation.
(a) Zoning Map Adoption or Amendments. A cause of action as to the validity of any regulation adopting or amending a zoning map adopted under this Chapter or other applicable law or a development agreement adopted under Article 10 of this Chapter accrues upon adoption of the ordinance and shall be brought within 60 days as provided in G.S. 1‑54.1.
(b) Text Adoption or
Amendment. Except as otherwise provided in subsection (a) of this section, an
action challenging the validity of a development regulation adopted under this
Chapter or other applicable law shall be brought within one year of the accrual
of such action. Such an the action as provided in G.S. 1‑54(10).
The action accrues when the party bringing such the action
first has standing to challenge the ordinance. A challenge to an ordinance on
the basis of an alleged defect in the adoption process shall be brought within
three years after the adoption of the ordinance.ordinance as provided
in G.S. 1‑54(10).
(c) Enforcement Defense.
Nothing in this section or in G.S. 1‑54(10) or G.S. 1‑54.1
bars a party in an action involving the enforcement of a development regulation
or in an action under G.S. 160D‑1403.1 from raising as a claim or
defense in the proceedings the enforceability or the invalidity of the
ordinance. Nothing in this section or in G.S. 1‑54(10) or
G.S. 1‑54.1 bars a party who that files a timely
appeal from an order, requirement, decision, or determination made by an
administrative official contending that the party is in violation of a
development regulation from raising in the judicial appeal the invalidity of
the ordinance as a defense to the order, requirement, decision, or
determination. A party in an enforcement action or appeal may shall not
assert the invalidity of the ordinance on the basis of an alleged defect in the
adoption process unless the defense is formally raised within three years of
the adoption of the challenged ordinance.
(d) Quasi‑Judicial
Decisions. Unless specifically provided otherwise, a petition for review of a
quasi‑judicial decision shall be filed with the clerk of superior court
by the later of 30 days after the decision is effective or after a written copy
thereof of it is given in accordance with G.S. 160D‑406(j).
When first‑class mail is used to deliver notice, three days shall be
added to the time to file the petition.
(e) Others. Except as provided by this section, the statutes of limitations are as provided in Subchapter II of Chapter 1 of the General Statutes."
SECTION 54.5.(a) G.S. 7A‑101 reads as rewritten:
"§ 7A‑101. (Effective July 1, 2022) Compensation.
(a) The clerk of superior court is a full‑time employee of the State and shall receive an annual salary, payable in equal monthly installments, based on the number of State‑funded assistant and deputy clerks of court as determined by the Administrative Office of Court's workload formula, according to the following schedule:
Assistants and Deputies Annual Salary
0‑19 $102,305
20‑29 110,316113,074113,074
30‑49 120,822123,842123,842
50‑99 131,328134,611134,611
100 and above 133,955137,304137,304
If the number of State‑funded assistant and deputy clerks of court as determined by the Administrative Office of Court's workload formula changes, the salary of the clerk shall be changed, on July 1 of the fiscal year for which the change is reported, to the salary appropriate for that new number, except that the salary of an incumbent clerk shall not be decreased by any change in that number during the clerk's continuance in office.
(c) In lieu of merit and
other increment raises paid to regular State employees, a clerk of superior
court shall receive as longevity pay an amount equal to four and eight‑tenths
percent (4.8%) of the clerk's annual salary payable monthly after five years of
service, nine and six‑tenths percent (9.6%) after 10 years of service,
fourteen and four‑tenths percent (14.4%) after 15 years of service,
nineteen and two‑tenths percent (19.2%) after 20 years of service, and
twenty‑four percent (24%) after 25 years of service. Service shall
mean "Service" means service in the elective position of
clerk of superior court, as an assistant clerk of court court, and
as a supervisor of clerks of superior court with the Administrative Office of
the Courts and shall does not include service as a deputy or
acting clerk. Service shall also mean "Service" also means service
as a justice, judge, or magistrate of the General Court of Justice or as a
district attorney."
SECTION 54.5.(b) This section becomes effective July 1, 2022.
SECTION 55. G.S. 47C‑2‑117 reads as rewritten:
"§ 47C‑2‑117. Amendment of declaration.
(a) Except in cases of
amendments that may be executed by a declarant under G.S. 47C‑2‑109(d)
or 47C‑2‑110, the association under G.S. 47C‑1‑107,
47C‑1‑106(d) [47C‑2‑106(d)], 47C‑2‑106(d),
47C‑2‑112(a), or 47C‑2‑113, or certain unit owners
under G.S. 47C‑2‑108(b), 47C‑2‑112(a), 47C‑2‑113(b),
or 47C‑2‑118(b), and except as limited by subsection (d), (d)
of this section, the declaration may be amended only by affirmative vote of
of, or a written agreement signed by, unit owners of units to which
at least sixty‑seven percent (67%) of the votes in the association are
allocated or any larger majority the declaration specifies. The declaration may
specify a smaller number only if all of the units are restricted exclusively to
nonresidential use.
(b) Provided that As
long as the approval requirements for any amendment adopted pursuant to
this section or G.S. 47C‑2‑105(a)(8) have been met, no action
to challenge the validity of an amendment adopted by the association pursuant
to this section or pursuant to G.S. 47C‑2‑105(a)(8) may shall
be brought more than one year after the amendment is recorded.
(c) Every amendment to the
declaration must shall be recorded in every county in which any
portion of the condominium is located and is effective only upon recordation.
An amendment shall be indexed in the Grantee's index in the name of the
condominium and the association and in the Grantor's index in the name of the
parties executing the amendment.
(d) Except to the extent
expressly permitted or required by other provisions of this Chapter, no
amendment may shall create or increase special declarant rights,
increase the number of units, or change the boundaries of any unit, the
allocated interest of a unit, or the uses to which any unit is restricted, in
the absence of unanimous consent of the unit owners.
(f) The provisions of
this This Article and of the condominium instruments
recorded pursuant thereto to it shall be liberally construed in
favor of the valid establishment of a condominium with respect to the submitted
property. Except as otherwise provided in the declaration or explicitly
prohibited by this Chapter, if any amendment to the declaration is necessary in
the judgment of the executive board, then the executive board may, at its
discretion, propose an amendment to the declaration for any of the following
purposes:
(3) To comply with any
statute, regulation, code, or ordinance which may be applicable to the
condominium or association.
The authority granted to the
executive board under this subsection does not limit the authority of the
executive board to propose any amendment for any other purpose permitted in the
declaration or by this Chapter. Upon approval by the executive board of an
amendment pursuant to this subsection, the executive board shall set a date for
a meeting of the unit owners to consider ratification of the amendment not less
than 10 nor more than 60 days after mailing of notice of such meeting, which
the meeting. The notice shall include a copy or summary of the
proposed amendment. There shall be is no requirement that a
quorum be present at the meeting. The amendment is ratified by the unit owners
unless at that meeting unit owners holding a majority of the votes in the
association reject the amendment. Any amendment recorded pursuant to this
subsection in the office of the register of deeds in the county or counties
where the condominium is located shall operate operates as a correction
of the declaration being corrected that relates back to, and is effective as
of, the date the declaration being corrected was originally recorded in the
office of the register of deeds, with the same effect as if the declaration
were correct when the declaration was first recorded."
SECTION 56. G.S. 47F‑1‑102 reads as rewritten:
"§ 47F‑1‑102. Applicability.
(a) This Chapter applies to all planned communities created within this State on or after January 1, 1999, except as otherwise provided in this section.
(b) This Chapter does not
apply to a planned community created within this State on or after January 1, 1999:1999,
that satisfies either of the following:
(1) Which The
planned community contains no more than 20 lots (including all lots which
that may be added or created by the exercise of development rights)
unless the declaration provides or is amended to provide that this Chapter does
apply to that planned community; orcommunity.
(2) In which all All
the planned community's lots are restricted exclusively to nonresidential
purposes, unless the declaration provides or is amended to provide that this
Chapter does apply to that planned community.
(c) Notwithstanding the
provisions of subsection (a) of this section, G.S. 47F‑1‑104
(Variation), G.S. 47F‑2‑103 (Construction and validity of
declaration and bylaws), G.S. 47F‑2‑117 (Amendment of
declaration), G.S. 47F‑3‑102(1) through (6) and (11) through
(17) (Powers of owners' association), G.S. 47F‑3‑103(f)
(Executive board members and officers), G.S. 47F‑3‑104
(Transfer of special declarant rights), G.S. 47F‑3‑107(a),
(b), and (c) (Upkeep of planned community; responsibility and assessments for
damages), G.S. 47F‑3‑107.1 (Procedures for fines and
suspension of planned community privileges or services), G.S. 47F‑3‑108
(Meetings), G.S. 47F‑3‑115 (Assessments for common expenses),
G.S. 47F‑3‑116 (Lien for assessments), (Lien for
sums due the association; enforcement), G.S. 47F‑3‑118
(Association records), and G.S. 47F‑3‑121 (American and State
flags and political sign displays), and G.S. 47F‑3‑104 (Transfer
of Special Declarant Rights) displays) apply to all planned
communities created in this State before January 1, 1999, unless the articles
of incorporation or the declaration expressly provides to the contrary, and
G.S. 47F‑3‑120 (Declaration limits on attorneys' fees) applies
to all planned communities created in this State before January 1, 1999. These
sections apply only with respect to events and circumstances occurring on or
after January 1, 1999, and do not invalidate existing provisions of the
declaration, bylaws, or plats and plans of those planned communities.
G.S. 47F‑1‑103 (Definitions) also applies to all planned
communities created in this State before January 1, 1999, to the extent
necessary in construing any of the preceding sections.
(d) Notwithstanding the
provisions of subsections (a) and (c) of this section, any planned
community created prior to January 1, 1999, may elect to make the provisions
of this Chapter applicable to it by amending its declaration to provide
that this Chapter shall apply applies to that planned community.
The amendment may be made by affirmative vote or written agreement signed by
lot owners of lots to which at least sixty‑seven percent (67%) of the
votes in the association are allocated or any smaller majority the declaration
specifies. To the extent the procedures and requirements for amendment in the
declaration conflict with the provisions of this subsection, this
subsection shall control controls with respect to any amendment
to provide that this Chapter applies to that planned community.
(e) This Chapter does not apply to planned communities or lots located outside this State."
SECTION 57. G.S. 113‑276 reads as rewritten:
"§ 113‑276. Exemptions and exceptions to license and permit requirements.
(a), (b) Repealed by Session Laws 1979, c. 830, s. 1.
(c) Except as otherwise
provided in this Subchapter, every landholder, landholder's spouse, and dependents
dependent under 18 years of age residing with the landholder may
take wildlife upon the land held by the landholder without any license required
by G.S. 113‑270.1B or G.S. 113‑270.3(a), except that
these persons are not exempt from the American alligator licenses established
in G.S. 113‑270.3(b)(6) and G.S. 113‑270.3(b)(7), elk
licenses established in G.S. 113‑270.3(b)(8) and G.S. 113‑270.3(b)(9),
bear management stamp established in G.S. 113‑270.3(b)(1b), and the
falconry license described in G.S. 113‑270.3(b)(4).
(j) A migrant farm worker who has in his possession
a temporary certification of his status as such by the Rural Employment Service
of the Division of Employment Security on a form provided by the Wildlife
Resources Commission is entitled to the privileges of a resident of the State
and of the county indicated on such certification during the term thereof for
the purposes of purchasing and using the resident fishing licenses provided by
G.S. 113‑271(d)(2), (4), and (6)a.
."
SECTION 58.(a) Subdivision (b)(1) of G.S. 126‑5 is recodified as subdivision (b)(3a) of that section.
SECTION 58.(b) G.S. 126‑5, as amended by subsection (a) of this section, reads as rewritten:
"§ 126‑5. Employees subject to Chapter; exemptions.
(a) The provisions of
this Chapter shall apply to:This Chapter applies to all of the
following:
(1) All State employees not herein
exempt, andexempted by this section.
(b) As used in this
section:The following definitions apply in this section:
(1) Recodified.
(2) "Exempt
managerial position" means a Exempt managerial position. A position
delegated with significant managerial or programmatic responsibility that is
essential to the successful operation of a State department, agency, or
division, so that the application of G.S. 126‑35 to an employee in
the position would cause undue disruption to the operations of the agency,
department, institution, or division.
(3) "Exempt
policymaking position" means a Exempt policymaking position. A position
delegated with the authority to impose the final decision as to a settled
course of action to be followed within a department, agency, or division, so
that a loyalty to the Governor or other elected department head in their
respective offices is reasonably necessary to implement the policies of their
offices. The term shall does not include personnel professionals.
(3a) "Exempt
position" means an Exempt position. An exempt managerial
position or an exempt policymaking position.
(4) "Personnel
professional" means any Personnel professional. Any employee
in a State department, agency, institution, or division whose primary job
duties involve administrative personnel and human resources functions for that
State department, agency, institution, or division.
(c) Except as to the
policies, rules, and plans established by the Commission pursuant to
G.S. 126‑4(1), 126‑4(2), 126‑4(3), 126‑4(4), 126‑4(5),
and 126‑4(6), and 126‑7, and except as to the
provisions of Articles 6 and 7 of this Chapter, the provisions of this
Chapter shall does not apply to:to any of the
following:
(3) Employees in exempt
policymaking positions designated pursuant to G.S. 126‑5(d).subsection
(d) of this section.
(4) The chief deputy or chief
administrative assistant to the head of each State department who is designated
either by statute or by the department head to act for and perform all of the
duties of such the department head during his the
department head's absence or incapacity.
(c1) Except as to the
provisions of Articles 6 and 7 of this Chapter, the provisions of this
Chapter shall does not apply to:to any of the
following:
(6) Employees of the Office
of the Governor that the Governor, at any time, in the Governor's discretion,
exempts from the application of the provisions of this Chapter by means
of a letter to the Director of the Office of State Human Resources designating
these employees.
(7) Employees of the Office
of the Lieutenant Governor, that the Lieutenant Governor, at any time, in the
Lieutenant Governor's discretion, exempts from the application of the
provisions of this Chapter by means of a letter to the Director of the
Office of State Human Resources designating these employees.
(c2) The provisions of this
Chapter shall not apply to:This Chapter does not apply to any of the
following:
(3) Employees of community
colleges whose salaries are fixed in accordance with the provisions of G.S. 115D‑5
and G.S. 115D‑20, G.S. 115D‑20 and
employees of the Community Colleges System Office whose salaries are fixed by
the State Board of Community Colleges in accordance with the provisions of G.S. 115D‑3.
(4) Employees of the Office
of Proprietary Schools whose salaries are fixed by the State Board of
Proprietary Schools in accordance with the provisions of G.S. 115D‑89.2.
(c3) Except as to the
policies, rules, and plans established by the Commission pursuant to
G.S. 126‑4(5) and the provisions of Article 6 of this
Chapter, the provisions of this Chapter shall does not
apply to: Teaching to teaching and related educational classes of
employees of the Division of Juvenile Justice of the Department of Public
Safety, the Department of Health and Human Services, and any other State
department, agency agency, or institution, whose salaries shall
be set in the same manner as set for corresponding public school employees in
accordance with Chapter 115C of the General Statutes.
(c4) Repealed by Session Laws 1993, c. 321, s. 145(b).
(c5) Notwithstanding any other
provision of this Chapter, Article 14 of this Chapter shall apply applies
to all State employees, public school employees, and community college employees.
(c6) Article 15 of this
Chapter shall apply applies to all State employees, public school
employees, and community college employees.
(c7) Except as to the
policies, rules, and plans established by the Commission pursuant to
G.S. 126‑4(1), 126‑4(2), 126‑4(3), 126‑4(4), 126‑4(5),
126‑4(6), 126‑7, 126‑14.3, and except as to the
provisions of G.S. 126‑14.2, G.S. 126‑34.1(a)(2), G.S. 126‑34.02(b)(1)
and (2), and Articles 6 and 7 of this Chapter, the provisions of this
Chapter shall does not apply to exempt managerial positions.
(c8) Except as to the
provisions of Articles 5, 6, 7, and 14 of this Chapter, the provisions
of this Chapter shall does not apply to:to any of
the following:
(c9) Notwithstanding any other
provision of this section, the provisions of Article 16 of this Chapter shall
apply applies to all exempt and nonexempt State employees in the
executive, legislative, and judicial branches unless provided otherwise by
Article 16 of this Chapter. The provisions of Article 16 of this Chapter
shall does not apply to employees described in subdivisions (2)
and (3) of subsection (a) of this section.
(c10) Notwithstanding any other
provision of this section, the provisions of G.S. 126‑8.5 shall
apply applies to all exempt and nonexempt State employees in the
executive, legislative, and judicial branch branches unless
provided otherwise by G.S. 126‑8.5. The provisions of G.S. 126‑8.5
shall does not apply to employees described in subdivisions (2)
and (3) of subsection (a) of this section.
(c11) The following are exempt from:
from (i) the classification and compensation rules established by
the State Human Resources Commission pursuant to G.S. 126‑4(1)
through (4); (ii) G.S. 126‑4(5) only as it applies to hours and days
of work, vacation, and sick leave; (iii) G.S. 126‑4(6) only as it
applies to promotion and transfer; (iv) G.S. 126‑4(10) only as it
applies to the prohibition of the establishment of incentive pay programs; and
(v) Article 2 of Chapter 126 of the General Statutes, except for G.S. 126‑7.1:
(1) The Office of the
Commissioner of Banks and its employees; andemployees.
(c12) Except as to G.S. 126‑13,
126‑14, 126‑14.1, and the provisions of Articles 6, 7, 14,
15, and 16 of this Chapter, the provisions of this Chapter shall does
not apply to employees of the Department of State Treasurer possessing
specialized skills or knowledge necessary for the proper administration of
investment programs and compensated pursuant to G.S. 147‑69.3(i2).
(c13) Except as to G.S. 126‑13,
126‑14, 126‑14.1, and the provisions of Articles 6, 7, 14,
15, and 16 of this Chapter, the provisions of this Chapter shall does
not apply to employees of the Department of State Treasurer possessing
specialized skills or knowledge necessary for the proper administration of the
Supplemental Retirement Plans and compensated pursuant to G.S. 135‑91(c).
(c14) Notwithstanding any
provision of this Chapter to the contrary, each Council of State agency shall
have has the sole authority to set the salary of its exempt
policymaking and exempt managerial positions within the minimum rates, and the
maximum rates plus ten percent (10%), established by the State Human Resources
Commission under G.S. 126‑4(2).
(c15) Notwithstanding any
provision of this Chapter to the contrary, the State Chief Information Officer
(State CIO) is authorized to may do the following:
(c16) Except as to the
provisions of Articles 6, 7, and 8 of this Chapter, the provisions of this
Chapter shall does not apply to commissioned police officer
positions of the University of North Carolina. Employees in positions covered
by this exception shall be are eligible for all employment and
retirement benefits provided to State law enforcement officers subject to this
Chapter.
(d) (1) Exempt
Positions in Cabinet Department. Subject to the provisions of this
Chapter, which is known as the North Carolina Human Resources Act, the Governor
may designate a total of 425 exempt positions throughout the following departments
and offices:
(2) Exempt Positions in
Council of State Departments and Offices. The Secretary of State, the
Auditor, the Treasurer, the Attorney General, the Superintendent of Public
Instruction, the Commissioner of Agriculture, the Commissioner of Insurance,
and the Labor Commissioner may designate exempt positions. The number of exempt
policymaking positions in each department headed by an elected department head
listed above in this sub‑subdivision shall be subdivision
is limited to 25 exempt policymaking positions or two percent (2%) of the
total number of full‑time positions in the department, whichever is
greater. The number of exempt managerial positions shall be is limited
to 25 positions or two percent (2%) of the total number of full‑time positions
in the department, whichever is greater. The number of exempt policymaking
positions designated by the Superintendent of Public Instruction shall be is
limited to 70 exempt policymaking positions or two percent (2%) of the
total number of full‑time positions in the department, whichever is
greater. The number of exempt managerial positions designated by the
Superintendent of Public Instruction shall be is limited to 70
exempt managerial positions or two percent (2%) of the total number of full‑time
positions in the department, whichever is greater.
(2a) Designation of Additional
Positions. The Governor or elected department head may request that
additional positions be designated as exempt. The request shall be made by
sending a list of exempt positions that exceed the limit imposed by this
subsection to the Speaker of the North Carolina House of Representatives and
the President of the North Carolina Senate. A copy of the list also shall be
sent to the Director of the Office of State Human Resources. The General
Assembly may authorize all, or part of, the additional positions to be
designated as exempt positions. If the General Assembly is in session when the
list is submitted and does not act within 30 days after the list is submitted,
the list shall be is deemed approved by the General Assembly, and
the positions shall be designated as exempt positions. If the General Assembly
is not in session when the list is submitted, the 30‑day period shall not
begin to run until the next date that the General Assembly convenes or
reconvenes, other than for a special session called for a specific purpose not
involving the approval of the list of additional positions to be designated as
exempt positions; the policymaking positions shall not be designated as exempt
during the interim.
(2c) Repealed by Session Laws 2017‑6, s. 1, effective May 1, 2017.
(3) Letter. These Exempt
positions shall be designated in a letter to the Director of the Office of
State Human Resources, the Speaker of the House of Representatives, and the
President of the Senate by July 1 of the year in which the oath of office is
administered to each Governor unless the provisions of subsection (d)(4)
apply.subdivision (4) of this subsection applies.
(4) Vacancies. In the event
of a vacancy in the Office of Governor or in the office of a member of the
Council of State, the person who succeeds to or is appointed or elected to fill
the unexpired term shall make such designations in a letter to the
Director of the Office of State Human Resources, the Speaker of the House of
Representatives, and the President of the Senate within 180 days after the oath
of office is administered to that person.
(5) Creation, Transfer, or
Reorganization. The Governor or elected department head may designate as exempt
a position that is created or transferred to a different department, or is
located in a department in which reorganization has occurred, after October 1
of the year in which the oath of office is administered to the Governor. The
designation must shall be made in a letter to the Director of the
Office of State Human Resources, the Speaker of the North Carolina House of
Representatives, and the President of the North Carolina Senate within 180 days
after such the position is created, transferred, or in which
reorganization has occurred.
(6) Reversal. Subsequent to
the designation of a position as an exempt position as hereinabove provided,
position, the status of the position may be reversed and made
subject to the provisions of this Chapter by the Governor or by an
elected department head in a letter to the Director of the Office of State
Human Resources, the Speaker of the North Carolina House of Representatives,
and the President of the North Carolina Senate.
(7) No Designation for
Certain Positions. Except for deputy commissioners appointed pursuant to
G.S. 97‑79 and as otherwise specifically provided by this section,
no employee, by whatever title, whose primary duties include the power to
conduct hearings, take evidence, and enter a decision based on findings of fact
and conclusions of law based on statutes and legal precedents shall be
designated as exempt. This subdivision shall apply beginning July 1, 1985,
and no list submitted after that date shall designate as exempt any employee
described in this subdivision.
(g) No employee shall be
placed in an exempt position without 10 working days days' prior
written notification that such the position is so designated. A
person applying for a position that is designated as exempt must shall
be notified in writing at the time he the person makes the
application that the position is designated as exempt.
(h) In case of a dispute
as to whether an employee is subject to the provisions of this Chapter,
the dispute shall be resolved as provided in Article 3 of Chapter 150B.150B
of the General Statutes."
SECTION 58.5. G.S. 130A‑309.14 reads as rewritten:
"§ 130A‑309.14. Duties of State agencies.
(a) Each State agency,
including the General Assembly, the General Court of Justice, and The
University of North Carolina shall:shall do all of the following:
(1) Establish a program in
cooperation with the Department and the Department of Administration for the
collection of all recyclable materials generated in State offices throughout
the State. The program shall provide that recycling containers are readily accessible
on each floor where State employees are located in a building occupied by a
State agency. Recycling containers required pursuant to this subdivision shall
be clearly labeled to identify the types of recyclable materials to be
deposited in each container and, to the extent practicable, recycling
containers for glass, plastic, and aluminum shall be located near trash
receptacles. The program shall provide for the collection of all of the
following recyclable materials.materials:
a. Aluminum.
b. Newspaper.
c. Sorted office paper.
d. Recyclable glass.
e. Plastic bottles.
As used in this subdivision, the term "sorted office paper" means paper used in offices that is of a high quality for purposes of recycling and includes copier paper, computer paper, letterhead, ledger, white envelopes, and bond paper.
(3) The Department of
Administration and the Department of Transportation shall each provide by 1
October October 1 of each year to the Department of Environmental
Quality a detailed description of the respective Agency's review and revision
of bid procedures and purchase and use of reusable, refillable, repairable,
more durable, and less toxic supplies and products. The information provided by
the Department of Administration and the Department of Transportation to the
Department of Environmental Quality shall also be included in the report
required by G.S. 130A‑309.06(c).
(5) Prepare any written
report in compliance with the model report under subsection (j) of this
section. The State agency shall, in lieu of distributing the report in mass:shall
do all of the following:
a. Notify persons to whom
each agency is required to report, and any other persons it deems appropriate,
that a report has been published, its subject and title, and the locations,
including State libraries, at which the report is available;available.
b. Deliver any report to
only those State libraries that each agency determines is likely to receive
requests for a particular report; andreport.
c. Distribute a report to only those who request the report.
A State
library that has received a report shall distribute a report only upon request.
Any State agency required by law to report to an entity shall be is in
compliance with that law by notifying that entity under sub‑subdivision
a. of this subdivision.
(a1) The Department of Administration shall review and revise its bid procedures and specifications set forth in Article 3 of Chapter 143 of the General Statutes and the Department of Transportation shall review and revise its bid procedures and specifications set forth in Article 2 of Chapter 136 of the General Statutes to encourage the purchase or use of reusable, refillable, repairable, more durable, and less toxic supplies and products. The following applies:
(1) The Department of
Administration shall require the procurement of such these supplies
and products to the extent that the purchase or use is practicable and cost‑effective.
The Department of Administration shall require the purchase or use of
remanufactured toner cartridges for laser printers to the extent practicable.
(2) The Department of
Transportation shall require the purchase or use of such these
supplies and products in the construction and maintenance of highways and
bridges to the extent that the purchase or use is practicable and cost‑effective.
(3) The Department of
Administration and the Department of Transportation shall each provide by 1
October October 1 of each year to the Department of Environmental
Quality a detailed description of the respective Agency's review and revision
of bid procedures and its purchase and use of reusable, refillable,
repairable, more durable, and less toxic supplies and products. The information
provided by the Department of Administration and the Department of
Transportation to the Department of Environmental Quality shall also be
included in the report required by G.S. 130A‑309.06(c).
(b) The Department of Commerce
shall assist and encourage the recycling industry in the State. Assistance and
encouragement of the recycling industry shall include:include all of
the following:
(1) Assisting the Department
in the identification and analysis, by the Department identifying and
analyzing, pursuant to G.S. 130A‑309.06, of components of
the State's recycling industry and present and potential markets for recyclable
materials in this State, other states, and foreign countries;countries.
(2) Providing information on
the availability and benefits of using recycled materials to businesses and
industries in the State; andState.
(d) The Department of
Commerce shall investigate the potential markets for composted materials and
shall submit its findings to the Department for the waste registry
informational program administered by the Department in order to stimulate
absorption of available composted materials into such those markets.
(e) On or before 1 March 1991, the Department of
Commerce shall report to the General Assembly its findings relative to:
(1) Potential markets for composted materials,
including private and public sector markets;
(2) The types of materials which may legally and
effectively be used in a successful composting operation; and
(3) The manner in which the composted materials
should be marketed for optimum use.
(f) (1)All State
agencies, including the Department of Transportation and the Department of
Administration, and units of local government are required to procure compost
products when they can be substituted for, and cost no more than, regular soil
amendment products, provided so long as the compost products meet
all applicable engineering and environmental quality standards, specifications,
and rules. This product preference shall apply to, but not be limited to,
highway construction and maintenance projects, highway planting and
beautification projects, recultivation and erosion control programs, and other
projects.
(f1) (2)The Department of Transportation shall,
consistent with economic feasibility and applicable engineering and
environmental quality standards, use scrap tires, demolition debris, and
untreated, stabilized, or encapsulated ash from boilers and incinerators in
highway construction and maintenance projects.
(g) The Department of Public
Instruction, with the assistance of the Department and The University of North
Carolina, shall develop, distribute, and encourage the use of guidelines for
the collection of recyclable materials and for solid waste reduction in the
State system of education. At a minimum, the guidelines shall address solid
waste generated in administrative offices, classrooms, dormitories, and
cafeterias. The guidelines shall be developed by 1 January 1991.
(i) The Department of
Public Instruction is directed to shall develop, from funds
appropriated for environmental education, curriculum materials and resource
guides for a recycling awareness program for instruction at the elementary,
middle, and high school levels.
(j) The Department of Administration shall develop a model report for reports published by any State agency, the General Assembly, the General Court of Justice, or The University of North Carolina. This model report shall satisfy the following:
(4) State publications that
are of historical and enduring value and importance to the citizens of North
Carolina shall be printed on alkaline (acid‑free) paper according to
G.S. 125‑11.13.paper.
(l) Any State agency or agency of a political subdivision of the State that is using State funds, or any person contracting with any agency with respect to work performed under contract, shall procure products of recycled steel if all of the following conditions are satisfied:
(1) The product must be is
acquired competitively within a reasonable time frame.
(2) The product must meet meets
appropriate performance standards.
(3) The product must be is
acquired at a reasonable price.
."
SECTION 59.(a) G.S. 160D‑405 reads as rewritten:
"§ 160D‑405. Appeals of administrative decisions.
(a) Appeals. Except as provided in G.S. 160D‑1403.1, appeals of administrative decisions made by the staff under this Chapter shall be made to the board of adjustment unless a different board is provided or authorized otherwise by statute or an ordinance adopted pursuant to this Chapter. If this function of the board of adjustment is assigned to any other board pursuant to G.S. 160D‑302(b), that board shall comply with all of the procedures and processes applicable to a board of adjustment hearing appeals. Appeal of a decision made pursuant to an erosion and sedimentation control regulation, a stormwater control regulation, or a provision of the housing code shall not be made to the board of adjustment unless required by a local government ordinance or code provision. Appeals of administrative decisions on subdivision plats shall be made as provided in G.S. 160D‑1403.
(b) Standing. Any person
who has standing under G.S. 160D‑1402(c) or the local government may
appeal an administrative decision to the board. An appeal is taken by filing a
notice of appeal with the local government clerk or such other a local
government official as designated by ordinance. The notice of appeal shall
state the grounds for the appeal.
(f) Stays. An appeal of a
notice of violation or other enforcement order to the board of adjustment
and any subsequent appeal in accordance with G.S. 160D‑1402 stays
enforcement of the action appealed from and accrual of any fines assessed
during the pendency of the appeal to the board of adjustment and any
subsequent appeal in accordance with G.S. 160D‑1402 or during
the pendency of any civil proceeding authorized by law or appeals therefrom,
unless related appeal. If, however, the official who made the
decision certifies to the board after notice of appeal has been filed that,
because of the facts stated in an affidavit, a stay would cause imminent peril
to life or property or, because the violation is transitory in nature, a stay
would seriously interfere with enforcement of the development regulation. In
that case, regulation, then enforcement proceedings are not stayed
except by a restraining order, which may be granted by a court. If enforcement
proceedings are not stayed, the appellant may file with the official a request
for an expedited hearing of the appeal, and the board shall meet to hear the
appeal within 15 days after the request is filed.
Notwithstanding any other provision of this section, appeals of decisions granting a development approval or otherwise affirming that a proposed use of property is consistent with the development regulation does not stay the further review of an application for development approvals to use the property; in these situations, the appellant or local government may request and the board may grant a stay of a final decision of development approval applications, including building permits affected by the issue being appealed.
(g) Alternative Dispute
Resolution. The parties to an appeal that has been made under this section
may agree to mediation or other forms of alternative dispute resolution. The
development regulation may set standards and procedures to facilitate and
manage such voluntary alternative dispute resolution.
(h) No Estoppel. G.S. 160D‑1403.2, limiting a local government's use of the defense of estoppel, applies to proceedings under this section."
SECTION 59.(b) G.S. 160D‑808 reads as rewritten:
"§ 160D‑808. Appeals of decisions on subdivision plats.
Appeals of subdivision decisions may
shall be made pursuant to G.S. 160D‑1403."
SECTION 59.(c) G.S. 160D‑1403 reads as rewritten:
"§ 160D‑1403. Appeals of decisions on subdivision plats.
(a) When a subdivision
regulation adopted under this Chapter provides that the decision whether to
approve or deny a preliminary or final subdivision plat is quasi‑judicial,
then that decision of the board shall be is subject to review by
the superior court by proceedings a proceeding in the nature of
certiorari. The provisions of G.S. 160D‑406 and this section shall
apply to those appeals.
(b) When a subdivision regulation adopted under this Chapter provides that the decision whether to approve or deny a preliminary or final subdivision plat is administrative, or for any other administrative decision implementing a subdivision regulation, the following applies:
(1) then that decision of the board shall be If
made by the governing board or planning board, the decision is subject to
review by filing an action in superior court seeking appropriate declaratory or
equitable relief within 30 days from receipt of the written notice of the
decision, which shall be made as provided in G.S. 160D‑403(b).
(2) If made by the staff or a staff committee, the decision is subject to appeal as provided in G.S. 160D‑405.
(c) For purposes of this
section, a subdivision regulation shall be is deemed to authorize
a quasi‑judicial decision if the decision‑making entity under
G.S. 160D‑803(c) is authorized to decide whether to approve or deny
the plat based not only upon whether the application complies with the specific
requirements set forth in the regulation but also on whether the application
complies with one or more generally stated standards requiring a discretionary
decision to be made."
SECTION 60.(a) The introductory language of Section 3(a) of S.L. 2021‑39 reads as rewritten:
"SECTION 3.(a) Section
4 of the Charter of the Town of Cove City, being Chapter 64 of the 1907 Session
Private Laws, as amended by Chapter 427 of the 1957 Session Laws,
Chapter 1032 of the 1957 Session Laws, Chapter 649 of the 1963 Session Laws,
and Ord. No. 2003‑8‑4, reads as rewritten:"
SECTION 60.(b) The introductory language of Section 4(a) of S.L. 2021‑39 reads as rewritten:
"SECTION 4.(a) The
Charter of the Town of Dover, being Chapter 375 of the 1901 Session Private
Laws, is amended by adding new sections to read:"
PART III. additional technical correction
SECTION 61. If Senate Bill 372, 2021 Regular Session, becomes law, then G.S. 160D‑706(a), as amended by Section 17(a) of that act, reads as rewritten:
"(a) Unless otherwise
prohibited by G.S. 160A‑704(b), G.S. 160A‑174(b),
when regulations made under authority of this Article require a greater
width or size of yards or courts, or require a lower height of a building or
fewer number of stories, or require a greater percentage of a lot to be left
unoccupied, or impose other higher standards than are required in any other
statute or local ordinance or regulation, the regulations made under authority
of this Article govern. Unless otherwise prohibited by G.S. 160A‑704(b),
G.S. 160A‑174(b), when the provisions of any other
statute or local ordinance or regulation require a greater width or size of
yards or courts, or require a lower height of a building or a fewer number of
stories, or require a greater percentage of a lot to be left unoccupied, or
impose other higher standards than are required by the regulations made under
authority of this Article, the provisions of that statute or local ordinance or
regulation govern."
PART Iv. EFFECTIVE DATE
SECTION 62. Except as otherwise provided, this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 1st day of July, 2022.
s/ Phil Berger
President Pro Tempore of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Roy Cooper
Governor
Approved 2:08 p.m. this 8th day of July, 2022