Inside this issue
 
  This Week at the General Assembly  
  As we ended week 15 of the 2011 session, tension continued to mount, especially in the House where the “new minority” Democratic party is getting acquainted with their new role, using old schemes and new techniques to influence policy, shore up their political base and even earn a few early victories. So far, they've helped preserve Gov. Beverly Perdue's vetoes of two Republican-penned bills and forced the GOP to come to the table on a charter school expansion bill. But the “new majority,” particularly the GOP freshmen, are holding their own in terms of keeping campaign promises.  This played out most clearly in the voter ID debate where the leadership of the freshman GOP insisted on the requirement for a photo ID at the polls instead of the other identification (e.g. utility bills, social security cards) agreed to in an early compromise. Another contentious issue (and GOP 100-day agenda item) was expansion of the cap on charter schools.  HB 8 was hotly debated on the House floor on Thursday afternoon with the Speaker finally requiring a vote after over 2 hours of debate.  House Democrats called foul and said that they were denied the ability to speak.  For the record, no minds were changed during the debate.  Looks like congeniality has left the chamber!

 

A major deadline passed this week.  April 6 was the deadline for bill introduction in the House and over 200 bills were introduced on Wednesday alone.  The Senate has a similar deadline next week.

 

 

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  Bills Introduced This Week  
 

H 587 North Carolina Jobs Bill is a rewrite of the Administrative Procedures Act (APA) to make it more business-friendly.  Part of the Legislature’s regulatory reform effort.

H 609 Promote Water Supply Development would promote the development of water supply reservoirs and other water resources.

H 623 Eliminate Agency Final Decision Authority would modify the procedures concerning final administrative decisions in contested cases.

H 635 Adjust Highway Equity Formula would adjust the distribution formula for funds expanded on the intrastate system and transportation improvement program.

H 648 Improve Enforcement/General Contractor Laws would clarify and amend the laws pertaining to the homeowner exemption.  Filed at the request of and strongly supported by NCHBA.

H 652 Property Owners Protection Act would make NC policy that ordinances, rules and regulations affecting the free use of land will be strictly construed against the government and liberally construed in favor of landowners.

H 687 Local Abuse of Authority Attorney’s Fees would provide that when local governments enact ordinances or take administrative actions for which there is no statutory authority, the plaintiff may recover attorney fees.

H 705 Repeal Private Drinking Water Well Testing would repeal the requirement for counties to implement a private drinking water well permitting, inspection and testing program.

H 708 Study Water and Sewer Service Providers directs the Environmental Review Commission to study the reduction and consolidation statutes regarding organizations that provide water and sewer service.  NCHBA supports.

H 709/S 544 Protect and Put NC Back to Work revises existing workers compensation laws.  NCHBA helped to craft the legislation and strongly supports.

H 711 Clarify Water and Well Rights/Private Property would clarify landowners rights over water on their property and the construction of wells on their property.

H 724 Omnibus Energy Bill NCHBA watches almost every bill with the word “omnibus” in it!  Contains limitations on the ability to restrict solar collectors on residential property, among other things.

H 732 Tort Reform Act of 2011 comprehensive tort reform.  NCHBA supports.

H 750 Stormwater Best Mgmt Responsibility/Asscs assures that stormwater devices can be transferred from the declarant to an owner's association at the request of the declarant.  Filed at the request of NCHBA.

H 768 APA Rules: Federal Rule Restriction Ceiling would prohibit new agency regulations from being more stringent than a corresponding federal mandate. Part of the Legislature’s regulatory reform effort.

H 787 NC Water Efficiency Act  would improve efficiency in NC water use.

H 797 Limit ETJ would limit municipal ETJ to areas with urban purposes and prohibit those areas from having to comply with environmental impact laws or regulations.

H 801 Building Code Revisions/Modify Leg Review would circumvent the Administrative Procedures Act and allow the 2012 Energy Code to go into effect without regard to the submitted letters of objection and the standard administrative process.  Bill was introduced at the request of Governor Perdue’s office and is strongly opposed by NCHBA.

H 806 Zoning Statute of Limitations/Ag District Change would change the statute of limitations and repose for constitutional ordinance challenges and would prohibit specified zoning ordinances affecting single-family detached residential uses on lots greater than 10 acres.  Introduced at the request and strongly supported by NCHBA.

H 819 CAMA Setback Requirements/Grandfather Clause amends laws pertaining to ocean setbacks.

H 820 Study Beach Plan would establish the Joint Legislative Study Commission on Coastal Property Insurance Rates.

S 514/H 655 Nutrient Management Plan Only for NSW would restrict the ability of the EMC to adopt a nutrient plan to only those waters classified as nutrient sensitive.  NCHBA supports.

S 535 APA: Modify Final Administrative Decisions (similar to H 623) would modify procedures related to contested cases heard by NC OAH.

S 548 Annexation Reform would amend and reform involuntary annexation laws.

 

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  Bills on the Move  
 

H 8 Eminent Domain was reported favorably out of committee and moves on the full House.

H 61 Speaker/Pro Tem Term Limits passed the House and moves to the Senate.


H 268 Implementation of Reclaimed Water Rules
passed the House and moves to the Senate.

 

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  Enacted Legislation  
 

H 92 (S.L. 2011-18) Repeal Land Transfer Tax

S 107 (S.L. 2011-30) Tax of Improved Property in Roadway Corridors

 

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  Joint Regulatory Reform Committee Public Hearings  
 

Special thanks to NCHBA members for your excellent comments at the Joint Regulatory Reform Committee's public meeting held last Monday in Greenville.  You told your stories and made your voices heard.  Committee members thanked us for the great participation from our members and they will remember your comments! 

The next public meeting will be held on Friday, April 15th at Blue Ridge Community College, Thomas Auditorium, 180 West Campus Drive, Flat Rock, NC.  The meeting goes from 1:00-3:00 p.m. with speaker sign-up starting at 12:30 p.m.  You will be limited to approximately 3 minutes for your comments. We are asking all our western NC members to show up and tell your stories.  If you can’t make the meeting, please submit your comments to regreform@ncleg.net  or use the NC General Assembly’s online form at http://www.ncleg.net/Applications/RFC/?id=3.

The last public meeting will be held in Raleigh on Thursday, April 21.  The meeting will be held in the Legislative Auditorium on the 3rd floor of the Legislative Building.  The meeting starts at 1:00, with speaker sign-up beginning at 12:30.  This meeting will be open to anyone statewide to make their comments.  The committee will stay as long as there are speakers (however, each individual will be limited to approx. 3 minutes). 

 

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  Quote of the Week  
 

"We piloted four-term speakers twice. Neither worked out very well for this body." 
--Rep. Nelson Dollar (R-Wake) when discussing legislation to constitutionally limit the terms of legislative leaders.

 

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