GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H	1 

HOUSE BILL 1704

Short Title:  Historic Waterfront Town Revitalization.   	(Public)

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Sponsors: Representatives Hardy, Preston, Mitchell; and H. Hunter.

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Referred to:  Appropriations.

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June 1, 1998

A BILL TO BE ENTITLED
AN ACT TO ENCOURAGE REVITALIZATION OF HISTORIC WATERFRONT TOWNS.
The General Assembly of North Carolina enacts:
Section 1.  Part 2 of Article 10 of Chapter 143B of the General Statutes is amended by adding a new section to read:
"§ 143B-434.3.  Historic waterfront revitalization initiative.
(a)	Planning Stage. – A municipality is eligible for planning grants for a proposed revitalization project as provided in this section if it meets both of the following conditions:
(1)	The proposed revitalization project is located in a National Register Historic District or includes the rehabilitation of a certified historic structure as defined in G.S. 105-130.42.
(2)	The area of the proposed revitalization project is either contiguous to a navigable waterway or connected to a navigable waterway by a pedestrian walkway or alternative vehicular access trail that is natural, historically significant, or both.
(b)	Final Stage. – A municipality that meets the planning stage conditions becomes eligible for the remaining benefits provided in this section if it also meets all of the following conditions:
(1)	The municipality has adopted a strategic plan and conducted a feasibility study for the proposed revitalization project and has allowed community participation in the development of the strategic plan.
(2)	The municipality has identified a lead developer who will develop a business plan to implement at least sixty-five percent (65%) of the strategic plan and who will provide an economic impact study of the proposed revitalization project.
(3)	The lead developer's business plan reflects at least two million dollars ($2,000,000) in capital investment and demonstrates that it will result in all of the following:
a.	Entrepreneurial opportunities.
b.	Opportunity for local vested interest.
c.	Employment opportunities for recipients of Work First Program assistance as defined in Chapter 108A of the General Statutes.
d.	Opportunities for minority participation.
e.	Cooperation and coordination with community organizations and government agencies.
f.	Regional benefits.
g.	Heritage related tourism or eco-tourism.
(c)	Application. – A municipality may apply to the Department of Commerce for certification of planning stage eligibility or of final stage eligibility for the benefits provided in this section with respect to a revitalization project.  The application must include all information required by the Department to determine the eligibility of the municipality and be accompanied by a fee of one hundred dollars ($100.00).  The Department of Commerce shall determine the municipality's eligibility within 60 days after the application is submitted.
(d)	Planning Grants. – The Department of Commerce shall assist an eligible planning stage municipality in obtaining planning grants in order to meet the conditions of subsection (b) of this section.  The Department of Commerce shall give priority consideration to applications submitted by eligible planning stage municipalities with respect to proposed revitalization projects for planning grants and loans administered by or through the Department of Commerce.
(e)	Clearinghouse. – The Department of Commerce shall act as a clearinghouse and advocate for eligible municipalities with respect to proposed revitalization projects.  The Department shall receive and coordinate each eligible municipality's applications for grants, loans, and permits from all State and federal agencies.  The Department shall forward each application to the appropriate agency and notify the agency whether the eligible municipality qualifies for priority consideration.
(f)	Technical Assistance. – The Department of Commerce shall provide technical assistance to eligible municipalities in preparing State and federal grant and loan applications with respect to the proposed revitalization project.
(g)	Priority. – The Department of Commerce shall give priority consideration to applications submitted by eligible municipalities with respect to proposed revitalization projects for grants and loans administered by or through the Department of Commerce, including Community Empowerment Funds.  In addition, the Department of Commerce shall assure that the Microenterprise Loan Program administered by the Rural Economic Development Center, Inc., assigns priority to applications from entrepreneurs within an eligible municipality who would own businesses that enhance the municipality's appeal as a tourist destination."
Section 2.  Part 1 of Article 2 of Chapter 143B of the General Statutes is amended by adding a new section to read:
"§ 143B-53.1. Priority for historic waterfront projects.
In awarding grants and loans, the Department of Cultural Resources shall give priority consideration to qualifying applications submitted by eligible municipalities with respect to proposed historic waterfront revitalization projects, as defined in G.S. 143B-434.3."
Section 3.  G.S. 138-18 is amended by adding a new subdivision to read:
"(35)	The Department of Transportation in the exercise of its powers granted in subdivisions (12), (12a), and (15) of this subsection shall give priority consideration for grants and loans administered through the Department of Transportation, including all applicable federal funds, to applications submitted by eligible municipalities with respect to proposed historic waterfront revitalization projects as defined in G.S. 143B-434.3."
Section 4.  G.S. 158-8.2 is amended by adding a new subsection to read:
"( i)	The Commission shall set aside twenty percent (20%) of the funds appropriated to it each fiscal year for planning grants to eligible planning stage municipalities for planning proposed historic waterfront revitalization projects, as defined in G.S. 143B-434.3.  Planning grants to eligible municipalities may not exceed thirty thousand dollars ($30,000) and must be matched by the municipality on the basis of one dollar ($1.00) of local funds for every five dollars ($5.00) of Commission funds.  If, after the expiration of two years after funds were set aside under this subsection for a fiscal year, the funds have not been used as required by this section because of a lack of applications from eligible municipalities, the Commission may use those funds for other purposes authorized by this section.  The Commission shall, however, continue to set aside twenty percent (20%) of its appropriations each fiscal year as required by this subsection."
Section 5.  G.S. 158-8.3 is amended by adding a new subsection to read:
"( g)	The Commission shall set aside twenty percent (20%) of the funds appropriated to it each fiscal year for planning grants to eligible planning stage municipalities for planning proposed historic waterfront revitalization projects, as defined in G.S. 143B-434.3.  Planning grants to eligible municipalities may not exceed thirty thousand dollars ($30,000) and must be matched by the municipality on the basis of one dollar ($1.00) of local funds for every five dollars ($5.00) of Commission funds.  If, after the expiration of two years after funds were set aside under this subsection for a fiscal year, the funds have not been used as required by this section because of a lack of applications from eligible municipalities, the Commission may use those funds for other purposes authorized by this section.  The Commission shall, however, continue to set aside twenty percent (20%) of its appropriations each fiscal year as required by this subsection."
Section 6.  There is appropriated from the General Fund to the Department of Commerce, Division of Community Assistance, the sum of seven hundred fifty thousand dollars ($750,000) to be used for grants to eligible municipalities for historic waterfront town revitalization projects and related planning, as provided in G.S. 143B-434.3 and G.S. 143B-434.4, as enacted by this act.
The Division of Community Assistance shall administer these funds as planning grants to eligible planning stage municipalities under G.S. 143B-434.3 and as project grants and loans for eligible municipalities with respect to proposed revitalization projects under G.S. 143B-434.3.  The Division shall award grants based on substantive criteria and guidelines consistent with G.S. 143B-434.3, administered objectively.  The Division of Community Assistance shall report to the Joint Legislative Commission on Governmental Operations and to the Fiscal Research Division on its awards of planning grants and project loans and grants under this section.
Section 7.   This act becomes effective July 1, 1998.