2007 legislative review, almost dr. lee mandell nc league of municipalities

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2007 Legislative 2007 Legislative Review, Almost Review, Almost Dr. Lee Mandell NC League of Municipalities

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Page 1: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

2007 Legislative2007 LegislativeReview, AlmostReview, Almost2007 Legislative2007 LegislativeReview, AlmostReview, Almost

Dr. Lee MandellDr. Lee MandellNC League of MunicipalitiesNC League of Municipalities

Page 2: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

IntroductionIntroductionThe State budget will always be “at risk” because of continuing fundamental structural problems and a changing and more slowly growing economy compared to the 1990s. Although occasional budget “surpluses” might appear, they’re due mostly to 1-time gains and conservative revenue projections and budget execution.Check on bill language and status at:

• www.ncleg.net• www.nclm.org/Legal/Bulletin/

bulletin.html

The State budget will always be “at risk” because of continuing fundamental structural problems and a changing and more slowly growing economy compared to the 1990s. Although occasional budget “surpluses” might appear, they’re due mostly to 1-time gains and conservative revenue projections and budget execution.Check on bill language and status at:

• www.ncleg.net• www.nclm.org/Legal/Bulletin/

bulletin.html

Page 3: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

How Have I Done So Far?How Have I Done So Far?• Potential budget shortfall (recurring

spending increases exceed recurring revenues by more than $400M). ($1.4B surplus)

• Not an election year: selective tax increases to balance sunsetting sales and income taxes? (Still in play)

• Continued pressure for Medicaid fix. (In the works)

• E911 changes likely. (Going to happen)• Annexation changes could be major

initiative next session. (So far, not too bad)

• Potential budget shortfall (recurring spending increases exceed recurring revenues by more than $400M). ($1.4B surplus)

• Not an election year: selective tax increases to balance sunsetting sales and income taxes? (Still in play)

• Continued pressure for Medicaid fix. (In the works)

• E911 changes likely. (Going to happen)• Annexation changes could be major

initiative next session. (So far, not too bad)

Page 4: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

DoR H2047 IssuesDoR H2047 Issues• First quarter video programming revenues below

expectations• Were expectations too high or is there a

compliance issue, or both?• Initial analysis from DoR indicates that the

estimated 4th quarter 06-07 (April-Jun) distribution figures are much higher than for the 3rd quarter

• For cable revenues, the January collections were based on December sales and the local credits still applied for that period

• As a result, the January collections were at an effective 2% rate rather than a 6.75% rate 

• First quarter video programming revenues below expectations

• Were expectations too high or is there a compliance issue, or both?

• Initial analysis from DoR indicates that the estimated 4th quarter 06-07 (April-Jun) distribution figures are much higher than for the 3rd quarter

• For cable revenues, the January collections were based on December sales and the local credits still applied for that period

• As a result, the January collections were at an effective 2% rate rather than a 6.75% rate 

Page 5: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

DoR H2047 IssuesDoR H2047 Issues• February and March collections for some

companies were significantly lower than would be expected based on prior months collections, but April through June collections were higher than expected 

• This suggests that there may have been some under-reporting of revenue in the 3rd quarter that was corrected during the fourth quarter

• For both telecommunications and satellite, February has generally been the lowest collection month of the year;  as a result, the 4th quarter should and did have higher collections than the 3rd quarter

• February and March collections for some companies were significantly lower than would be expected based on prior months collections, but April through June collections were higher than expected 

• This suggests that there may have been some under-reporting of revenue in the 3rd quarter that was corrected during the fourth quarter

• For both telecommunications and satellite, February has generally been the lowest collection month of the year;  as a result, the 4th quarter should and did have higher collections than the 3rd quarter

Page 6: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

DoR H2047 IssuesDoR H2047 Issues• Number of PEG channels certified far greater

than expected (320)

• Definitional issues with PEG channels for the PEG Channel Certification Form: “shared” PEG channels, PEG channels with “shared” programming, and “qualifying” PEG channels

• NCLM and NCACC participation the design of the planned DoR report to accompany quarterly distributions of franchise fee replacement revenues and PEG channel support funds

• Number of PEG channels certified far greater than expected (320)

• Definitional issues with PEG channels for the PEG Channel Certification Form: “shared” PEG channels, PEG channels with “shared” programming, and “qualifying” PEG channels

• NCLM and NCACC participation the design of the planned DoR report to accompany quarterly distributions of franchise fee replacement revenues and PEG channel support funds

Page 7: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

Bills That Have Passed

Bills That Have Passed

Page 8: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

Taxes and MoneyTaxes and MoneyS211 - An Act To Revise The Law

Governing Electronic Signatures By Clarifying That Public Agencies May Use, As Well As Accept, Electronic Signatures

S211 - An Act To Revise The Law Governing Electronic Signatures By Clarifying That Public Agencies May Use, As Well As Accept, Electronic Signatures

Page 9: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

Taxes and MoneyTaxes and MoneyS492 - Political Subdivisions/

Contracts ExemptionExempts political subdivisions from the formal bidding laws regulating public contracts when purchasing from contracts established by the federal government.

S492 - Political Subdivisions/ Contracts ExemptionExempts political subdivisions from the formal bidding laws regulating public contracts when purchasing from contracts established by the federal government.

Page 10: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

Taxes and MoneyTaxes and MoneyS1472 - Revised Distribution Of

Scrap Tire Disposal Tax Changes the distribution of proceeds of the scrap tire disposal tax credited to the Solid Waste Management Trust Fund from 5% to 8% and credited to the Scrap Tire Disposal Account from 27% to 22%. Increases the amount distributed to counties from 68% to 70%.

S1472 - Revised Distribution Of Scrap Tire Disposal Tax Changes the distribution of proceeds of the scrap tire disposal tax credited to the Solid Waste Management Trust Fund from 5% to 8% and credited to the Scrap Tire Disposal Account from 27% to 22%. Increases the amount distributed to counties from 68% to 70%.

Page 11: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

H328 - Flexible Payment/Law Enforcement SeparationAllows annual separation allowances for law enforcement officers to be paid beginning in the month the officer retires instead of on the last day of the month the officer retires. Directs allowances to be paid in equal installments on the employer’s payroll frequency instead of in 12 equal installments on the last day of each month.

H328 - Flexible Payment/Law Enforcement SeparationAllows annual separation allowances for law enforcement officers to be paid beginning in the month the officer retires instead of on the last day of the month the officer retires. Directs allowances to be paid in equal installments on the employer’s payroll frequency instead of in 12 equal installments on the last day of each month.

PersonnelPersonnel

Page 12: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

EnvironmentEnvironmentH36 - Hazardous Materials Task Force

Recommendations• Requires commercial hazardous waste facilities

to provide financial assurance for cleanup and off-site screening of contamination migration in the event of a release.

• Requires applicants for hazardous waste facility permits to seek input from local governments and emergency response agencies on their contingency plans.

H36 - Hazardous Materials Task Force Recommendations

• Requires commercial hazardous waste facilities to provide financial assurance for cleanup and off-site screening of contamination migration in the event of a release.

• Requires applicants for hazardous waste facility permits to seek input from local governments and emergency response agencies on their contingency plans.

Page 13: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

EnvironmentEnvironment• Every two years after receiving its permit,

applicant must verify that the resources and equipment of each local government and emergency response agency are available and adequate to respond to an emergency at the facility.

• Requires operator of a commercial hazardous waste facility to maintain off-site copies of information concerning the quantity, type, location and hazards of waste at the facility and manifests, in a form and manner accessible to DENR, local governments, and emergency response agencies.

• Every two years after receiving its permit, applicant must verify that the resources and equipment of each local government and emergency response agency are available and adequate to respond to an emergency at the facility.

• Requires operator of a commercial hazardous waste facility to maintain off-site copies of information concerning the quantity, type, location and hazards of waste at the facility and manifests, in a form and manner accessible to DENR, local governments, and emergency response agencies.

Page 14: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

EnvironmentEnvironment• Specifies that local land use ordinance restricting

the siting of hazardous waste facilities is presumed to be valid and enforceable to the extent that it imposes requirements, restrictions, or conditions that are generally applicable to development, including, but not limited to, setback, buffer, and stormwater requirements

• Clarifies that municipal 911 data, like county 911 data, is confidential and not a public record.

• Specifies that data in a "reverse 911" emergency notification system is confidential and not a public record.

• Specifies that local land use ordinance restricting the siting of hazardous waste facilities is presumed to be valid and enforceable to the extent that it imposes requirements, restrictions, or conditions that are generally applicable to development, including, but not limited to, setback, buffer, and stormwater requirements

• Clarifies that municipal 911 data, like county 911 data, is confidential and not a public record.

• Specifies that data in a "reverse 911" emergency notification system is confidential and not a public record.

Page 15: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

EnvironmentEnvironmentS670/H1187 - An Act To Provide That

City Ordinances, County Ordinances, And Deed Restrictions, Covenants, And Other Similar Agreements Cannot Prohibit Or Have The Effect Of Prohibiting The Installation Of Solar Collectors Not Facing Public Access Or Common Areas On Detached Single‑family Residences

S670/H1187 - An Act To Provide That City Ordinances, County Ordinances, And Deed Restrictions, Covenants, And Other Similar Agreements Cannot Prohibit Or Have The Effect Of Prohibiting The Installation Of Solar Collectors Not Facing Public Access Or Common Areas On Detached Single‑family Residences

Page 16: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

Bills to Keep an Eye On

Bills to Keep an Eye On

Page 17: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

Taxes and MoneyTaxes and MoneyS540 - Revenue Laws & Motor

Fuels Tax Technical ChangesStatutory language allows a 1-time “true up” of local revenues after the initial certification on 3/15/07, to correct any errors after local audits have been completed.

S540 - Revenue Laws & Motor Fuels Tax Technical ChangesStatutory language allows a 1-time “true up” of local revenues after the initial certification on 3/15/07, to correct any errors after local audits have been completed.

Page 18: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

Taxes and MoneyTaxes and MoneyS1068 - E‑nc Internet Connectivity/Peg Channel• Provides for grants for Community Media Centers as well

as PEG channels. • Increases the maximum grant for a PEG channel from

$25k to $50k and sets the maximum CMC grant at $250k. • Eliminates the requirement that grants be used only for

capital expenditures and instead provides that no more than 50% of a grant may be used for operating costs.

• Authorizes broadband connectivity competitive incentive grants, with priority for providers that would serve counties with less access to high-speed Internet.

• Makes changes to percentages for distribution of sales taxes on telecom and video programming to provide an additional $5M for PEG channel operating support.

S1068 - E‑nc Internet Connectivity/Peg Channel• Provides for grants for Community Media Centers as well

as PEG channels. • Increases the maximum grant for a PEG channel from

$25k to $50k and sets the maximum CMC grant at $250k. • Eliminates the requirement that grants be used only for

capital expenditures and instead provides that no more than 50% of a grant may be used for operating costs.

• Authorizes broadband connectivity competitive incentive grants, with priority for providers that would serve counties with less access to high-speed Internet.

• Makes changes to percentages for distribution of sales taxes on telecom and video programming to provide an additional $5M for PEG channel operating support.

Page 19: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

Taxes and MoneyTaxes and MoneyHB 1587 - Local Government Fair Competition Act• The bill would sharply limit local governments' ability

to create their own telecommunications networks and would prevent them from partnering with private telecom providers to establish broadband service. 

• The bill is heavily backed by the telecommunications industry and is intended to discourage competition from local government in the provision of communications services. 

• Local governments should have the ability to provide citizens with access to high-speed broadband service for the future economic development of our state.  Rural and distressed urban areas should not be left behind.

HB 1587 - Local Government Fair Competition Act• The bill would sharply limit local governments' ability

to create their own telecommunications networks and would prevent them from partnering with private telecom providers to establish broadband service. 

• The bill is heavily backed by the telecommunications industry and is intended to discourage competition from local government in the provision of communications services. 

• Local governments should have the ability to provide citizens with access to high-speed broadband service for the future economic development of our state.  Rural and distressed urban areas should not be left behind.

Page 20: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

Taxes and MoneyTaxes and MoneyS831 - Wireless

Telecommunications Facilities• Bill would severely limit the authority of

municipalities and counties to regulate the size, location, and design of cell towers and other wireless facilities, even in residential areas. 

• Such authority was specifically provided to local governments in federal law and the bill would largely preempt it.

S831 - Wireless Telecommunications Facilities

• Bill would severely limit the authority of municipalities and counties to regulate the size, location, and design of cell towers and other wireless facilities, even in residential areas. 

• Such authority was specifically provided to local governments in federal law and the bill would largely preempt it.

Page 21: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

Taxes and MoneyTaxes and MoneyH1755 - Coordinate Statewide Enhanced 911

System• Standardizes all 911 monthly service charges, both

wireline and wireless, at a combined level of 70 cents or less.

• Consolidates administration of the charges under a single state board. 

• Any wireline fund balance that exists prior to the bill’s effective date would be transferred to the local government’s general fund, to be used for any lawful purpose.  

• The bill proposes to hold each public safety answering point harmless at FY 2005-06 revenue levels.  

H1755 - Coordinate Statewide Enhanced 911 System

• Standardizes all 911 monthly service charges, both wireline and wireless, at a combined level of 70 cents or less.

• Consolidates administration of the charges under a single state board. 

• Any wireline fund balance that exists prior to the bill’s effective date would be transferred to the local government’s general fund, to be used for any lawful purpose.  

• The bill proposes to hold each public safety answering point harmless at FY 2005-06 revenue levels.  

Page 22: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

Taxes and MoneyTaxes and MoneyS1125/H1798 - SALES TAX

ADJUSTMENT FACTOR CORRECTIONCorrects an error in the calculation of the amount of sales tax revenue to be allocated among the counties by removing the adjustment factor for Article 40 and 42 distributions.

S1125/H1798 - SALES TAX ADJUSTMENT FACTOR CORRECTIONCorrects an error in the calculation of the amount of sales tax revenue to be allocated among the counties by removing the adjustment factor for Article 40 and 42 distributions.

Page 23: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

Taxes and MoneyTaxes and Money• Counties did not collect local sales taxes when goods

were delivered outside of the county prior to 1987• The general assembly addressed nonpayment of local

sales taxes by purchasers on goods delivered outside of the county in 1987 by defining the point of sale of a transaction as the location of the retailer's place of business

• The general assembly, in 1987, as a further effort to address nonpayment of local sales taxes by purchasers on goods delivered outside of the county, made retailers responsible for collecting taxes on all goods sold in their county without regard to whether the destination of the goods was inside or outside of the county

• Counties did not collect local sales taxes when goods were delivered outside of the county prior to 1987

• The general assembly addressed nonpayment of local sales taxes by purchasers on goods delivered outside of the county in 1987 by defining the point of sale of a transaction as the location of the retailer's place of business

• The general assembly, in 1987, as a further effort to address nonpayment of local sales taxes by purchasers on goods delivered outside of the county, made retailers responsible for collecting taxes on all goods sold in their county without regard to whether the destination of the goods was inside or outside of the county

Page 24: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

Taxes and MoneyTaxes and Money• The general assembly, in alleviating the issue of

nonpayment of local sales taxes by purchasers on goods delivered outside of the county, enacted an adjustment factor as a method of holding counties harmless and offsetting the fiscal impact from the changes in the local sales tax laws

• The general assembly enacted legislation in 2000 and 2001 that revised the definition of point of sale from the location of the retailer's place of business to the location where the goods were delivered

• These legislative changes reversed the law enacted in 1987 and reversed the need for the adjustment factor

• The adjustment factor does not function with the revised definition of point of sale as it was intended to function

• The general assembly, in alleviating the issue of nonpayment of local sales taxes by purchasers on goods delivered outside of the county, enacted an adjustment factor as a method of holding counties harmless and offsetting the fiscal impact from the changes in the local sales tax laws

• The general assembly enacted legislation in 2000 and 2001 that revised the definition of point of sale from the location of the retailer's place of business to the location where the goods were delivered

• These legislative changes reversed the law enacted in 1987 and reversed the need for the adjustment factor

• The adjustment factor does not function with the revised definition of point of sale as it was intended to function

Page 25: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

Taxes and MoneyTaxes and MoneyS1245 - An Act Increasing The Bidding

Threshold For Public Construction Contracts And Amending The Laws Related To Retainage Payments On Construction Contracts

S1245 - An Act Increasing The Bidding Threshold For Public Construction Contracts And Amending The Laws Related To Retainage Payments On Construction Contracts

Page 26: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

EnvironmentEnvironmentSB 3 - An Act To: (1) Promote The Development Of Renewable

Energy And Energy Efficiency In The State Through Implementation Of A Renewable Energy And Energy Efficiency Portfolio Standard (Reps), (2) Allow Recovery Of Certain Nonfuel Utility Costs Through The Fuel Charge Adjustment Procedure, (3) Provide For Ongoing Review Of Construction Costs And For Recovery Of Costs In Rates In A General Rate Case, (4) Adjust The Public Utility And Electric Membership Corporation Regulatory Fees, (5) Provide For The Phase Out Of The Tax On The Sale Of Energy To North Carolina Farmers And Manufacturers, (6) Provide An Income Tax Credit For Builders Of Energy-efficient Homes, And (7) Allow A Tax Credit To Contributors To 501(c)(3) Organizations For Renewable Energy Property

SB 3 - An Act To: (1) Promote The Development Of Renewable Energy And Energy Efficiency In The State Through Implementation Of A Renewable Energy And Energy Efficiency Portfolio Standard (Reps), (2) Allow Recovery Of Certain Nonfuel Utility Costs Through The Fuel Charge Adjustment Procedure, (3) Provide For Ongoing Review Of Construction Costs And For Recovery Of Costs In Rates In A General Rate Case, (4) Adjust The Public Utility And Electric Membership Corporation Regulatory Fees, (5) Provide For The Phase Out Of The Tax On The Sale Of Energy To North Carolina Farmers And Manufacturers, (6) Provide An Income Tax Credit For Builders Of Energy-efficient Homes, And (7) Allow A Tax Credit To Contributors To 501(c)(3) Organizations For Renewable Energy Property

Page 27: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

EnvironmentEnvironmentSB 1492/H1233 - An Act To: (1) Clarify The Circumstances

Under Which An Application For A Solid Waste Management Permit May Be Denied; (2) Specify Technical Requirements For Solid Waste Containers; (3) Provide That Solid Waste Management Permits Are Not Transferable; (4) Increase The Penalties That May Be Imposed For Solid Waste Violations; (5) Require That An Applicant For A Permit And A Permit Holder Establish Financial Responsibility To Ensure The Availability Of Sufficient Funds For Proper Design, Construction, Operation, Maintenance, Closure, And Post-closure Monitoring And Maintenance Of A Solid Waste Management Facility; (6) Require That An Owner Or Operator Of A Sanitary Landfill Establish Financial Responsibility Sufficient To Cover A Minimum Of Three Million Dollars In Costs For Potential

SB 1492/H1233 - An Act To: (1) Clarify The Circumstances Under Which An Application For A Solid Waste Management Permit May Be Denied; (2) Specify Technical Requirements For Solid Waste Containers; (3) Provide That Solid Waste Management Permits Are Not Transferable; (4) Increase The Penalties That May Be Imposed For Solid Waste Violations; (5) Require That An Applicant For A Permit And A Permit Holder Establish Financial Responsibility To Ensure The Availability Of Sufficient Funds For Proper Design, Construction, Operation, Maintenance, Closure, And Post-closure Monitoring And Maintenance Of A Solid Waste Management Facility; (6) Require That An Owner Or Operator Of A Sanitary Landfill Establish Financial Responsibility Sufficient To Cover A Minimum Of Three Million Dollars In Costs For Potential

Page 28: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

EnvironmentEnvironmentAssessment And Corrective Action At The Facility, In Addition To Other Financial Responsibility Requirements; (7) Clarify And Expand The Scope Of Environmental Compliance Review Requirements; (8) Clarify That A Parent, Subsidiary, Or Other Affiliate Of The Applicant Or Parent, Including Any Business Entity Or Joint Venturer With A Direct Or Indirect Financial Or Equity Interest In The Applicant Is Subject To Financial Responsibility And Environmental Compliance Review; (9) Specify Additional Technical Requirements For Solid Waste Management Facilities; (10) Require That All Applicants For Solid Waste Management Facility Permits Conduct An Environmental Impact Study And Traffic Study; (11) Clarify The Circumstances Under Which A Unit Of Local Government May Collect A Solid Waste Availability Fee; (12) Authorize

Assessment And Corrective Action At The Facility, In Addition To Other Financial Responsibility Requirements; (7) Clarify And Expand The Scope Of Environmental Compliance Review Requirements; (8) Clarify That A Parent, Subsidiary, Or Other Affiliate Of The Applicant Or Parent, Including Any Business Entity Or Joint Venturer With A Direct Or Indirect Financial Or Equity Interest In The Applicant Is Subject To Financial Responsibility And Environmental Compliance Review; (9) Specify Additional Technical Requirements For Solid Waste Management Facilities; (10) Require That All Applicants For Solid Waste Management Facility Permits Conduct An Environmental Impact Study And Traffic Study; (11) Clarify The Circumstances Under Which A Unit Of Local Government May Collect A Solid Waste Availability Fee; (12) Authorize

Page 29: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

EnvironmentEnvironmentCertain Units Of Local Government To Hire Landfill Liaisons; (13) Provide For State-level Review Of Proposed Multi-jurisdictional Solid Waste Management Facilities; (14) Establish Fees Applicable To Permits For Solid Waste Management Facilities To Support The Solid Waste Management Program; (15) Establish A Solid Waste Disposal Fee To Be Imposed On The Disposal Of Municipal Solid Waste In Landfills In The State And On The Transfer Of Municipal Solid Waste For Disposal Outside The State In Order To Provide Funds For The Assessment And Make Related Clarifying, Conforming, And Technical Changes

Certain Units Of Local Government To Hire Landfill Liaisons; (13) Provide For State-level Review Of Proposed Multi-jurisdictional Solid Waste Management Facilities; (14) Establish Fees Applicable To Permits For Solid Waste Management Facilities To Support The Solid Waste Management Program; (15) Establish A Solid Waste Disposal Fee To Be Imposed On The Disposal Of Municipal Solid Waste In Landfills In The State And On The Transfer Of Municipal Solid Waste For Disposal Outside The State In Order To Provide Funds For The Assessment And Make Related Clarifying, Conforming, And Technical Changes

Page 30: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

EnvironmentEnvironmentH960/S1360 - An Act To Amend The Law Governing The

Regulation Of Interbasin Transfers And To Direct The Department Of Justice And The Department Of Environment And Natural Resources To Study Whether There Is A Need For An Interstate Compact To Mediate Any Future Interstate Water Supply Issues

S541 - An Act Requiring The Interconnection Of Public Water Systems Or Wastewater Systems To Regional Systems When Necessary To Promote Public Health, Protect The Environment, And Ensure Compliance With Drinking Water Rules And To Require That An Analysis Of Reasonable Alternatives Be Done Before Constructing Or Altering A Public Water System

H960/S1360 - An Act To Amend The Law Governing The Regulation Of Interbasin Transfers And To Direct The Department Of Justice And The Department Of Environment And Natural Resources To Study Whether There Is A Need For An Interstate Compact To Mediate Any Future Interstate Water Supply Issues

S541 - An Act Requiring The Interconnection Of Public Water Systems Or Wastewater Systems To Regional Systems When Necessary To Promote Public Health, Protect The Environment, And Ensure Compliance With Drinking Water Rules And To Require That An Analysis Of Reasonable Alternatives Be Done Before Constructing Or Altering A Public Water System

Page 31: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

EnvironmentEnvironmentS1360/H960 - An Act To Amend The Law Governing The

Regulation Of Interbasin Transfers And To Direct The Department Of Justice And The Department Of Environment And Natural Resources To Study Whether There Is A Need For An Interstate Compact To Mediate Any Future Interstate Water Supply Issues

S1421 - An Act To Provide That An Applicant For A Certificate For A Transfer Of Water From One River Basin To Another River Basin Has The Burden Of Proof To Establish By Clear And Convincing Evidence That The Environmental Management Commission Should Grant The Certificate, To Provide That The Water Rights Of The Receiving River Basin Are Subordinate To Those Of The Source River Basin, And To Provide That A Certificate For A Transfer Of Water From One River Basin To Another River Basin Includes Conditions That Protect The Water Supply Of The Source River Basin

S1360/H960 - An Act To Amend The Law Governing The Regulation Of Interbasin Transfers And To Direct The Department Of Justice And The Department Of Environment And Natural Resources To Study Whether There Is A Need For An Interstate Compact To Mediate Any Future Interstate Water Supply Issues

S1421 - An Act To Provide That An Applicant For A Certificate For A Transfer Of Water From One River Basin To Another River Basin Has The Burden Of Proof To Establish By Clear And Convincing Evidence That The Environmental Management Commission Should Grant The Certificate, To Provide That The Water Rights Of The Receiving River Basin Are Subordinate To Those Of The Source River Basin, And To Provide That A Certificate For A Transfer Of Water From One River Basin To Another River Basin Includes Conditions That Protect The Water Supply Of The Source River Basin

Page 32: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

EnvironmentEnvironmentH859/S603 - An Act To Extend The Sunset

For The Law That Sets The Per Pound Factor Used By The Environmental Management Commission To Calculate Nutrient Offset Payments And Requires That The Nutrient Offset Payment For Nitrogen Be Calculated As It Was Prior To Certain Rule Amendments, As Recommended By The Environmental Review Commission

H859/S603 - An Act To Extend The Sunset For The Law That Sets The Per Pound Factor Used By The Environmental Management Commission To Calculate Nutrient Offset Payments And Requires That The Nutrient Offset Payment For Nitrogen Be Calculated As It Was Prior To Certain Rule Amendments, As Recommended By The Environmental Review Commission

Page 33: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

Local AuthorityLocal AuthorityS212 - An Act To Clarify The Law

Regarding Appeals Of Quasi‑judicial Decisions Made Under Article 19 Of Chapter 160a And Article 18 Of Chapter 153a Of The General Statutes

S490 - An Act To Clarify That Industrial Machinery Is Not Subject To Regulation Under The Building Code

S212 - An Act To Clarify The Law Regarding Appeals Of Quasi‑judicial Decisions Made Under Article 19 Of Chapter 160a And Article 18 Of Chapter 153a Of The General Statutes

S490 - An Act To Clarify That Industrial Machinery Is Not Subject To Regulation Under The Building Code

Page 34: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

Local AuthorityLocal AuthorityS556/H871 - An Act Authorizing

Municipalities To Adopt Ordinances Establishing A Nonresidential Building Or Structure Code

S1507/H1011 - An Act Requiring Cities And Counties To Have Probable Cause Before Inspecting Residential And Nonresidential Structures And Requiring Owners And Landlords To Improve The Habitability Of Dwelling Units By Repairing Certain Unsafe Conditions

S556/H871 - An Act Authorizing Municipalities To Adopt Ordinances Establishing A Nonresidential Building Or Structure Code

S1507/H1011 - An Act Requiring Cities And Counties To Have Probable Cause Before Inspecting Residential And Nonresidential Structures And Requiring Owners And Landlords To Improve The Habitability Of Dwelling Units By Repairing Certain Unsafe Conditions

Page 35: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

H1433 - An Act To Enhance The Benefits For Career Firefighters And Career Rescue Squad Workers Who Are Members Of The Local Governmental Employees' Retirement System.

H1583 - An Act To Restore Contract Rights To State And Local Entities.

S963 - An Act Relating To The Hours Of Labor And Overtime Compensation Of Members Of Municipal Fire Departments.

S1271 - An Act To Provide Payroll Deductions For Certain Employee Associations

H1433 - An Act To Enhance The Benefits For Career Firefighters And Career Rescue Squad Workers Who Are Members Of The Local Governmental Employees' Retirement System.

H1583 - An Act To Restore Contract Rights To State And Local Entities.

S963 - An Act Relating To The Hours Of Labor And Overtime Compensation Of Members Of Municipal Fire Departments.

S1271 - An Act To Provide Payroll Deductions For Certain Employee Associations

PersonnelPersonnel

Page 36: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

GangsGangsH274 - Street Gang

Prevention Act S1358 - Street Gang

Prevention Act

H274 - Street Gang Prevention Act

S1358 - Street Gang Prevention Act

Page 37: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

Annexation/Land UseAnnexation/Land UseH878 - An Act To Amend The

Constitution Of North Carolina To Prohibit Condemnation Of Private Property To Be Conveyed To Other Private Owners For Economic Development And To Provide For The Payment Of Just Compensation With Right Of Trial By Jury In All Condemnation Cases

H878 - An Act To Amend The Constitution Of North Carolina To Prohibit Condemnation Of Private Property To Be Conveyed To Other Private Owners For Economic Development And To Provide For The Payment Of Just Compensation With Right Of Trial By Jury In All Condemnation Cases

Page 38: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

Annexation/Land UseAnnexation/Land UseH86 - Study Municipal Annexation H1958 - An Act To Provide That After

An Involuntary Annexation, No Property Taxes May Be Levied Until Certain Basic Services Are Provided, And That No Water And Sewer Assessments May Be Levied Until The Municipal Government Is Prepared To Provide Those Services

H86 - Study Municipal Annexation H1958 - An Act To Provide That After

An Involuntary Annexation, No Property Taxes May Be Levied Until Certain Basic Services Are Provided, And That No Water And Sewer Assessments May Be Levied Until The Municipal Government Is Prepared To Provide Those Services

Page 39: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

OPEB InvestmentsOPEB InvestmentsS580/H515 - An Act To Establish The Local

Government Post‑employment Benefits Fund Under The Management Of The State Treasurer, To Authorize The Treasurer To Make Equity Investments From The Fund To The Same Extent Allowed For Certain Investments From The State Retirement System, And To Allow Local Entities To Establish Other Irrevocable Trusts To Fund Post‑employment Benefits

S580/H515 - An Act To Establish The Local Government Post‑employment Benefits Fund Under The Management Of The State Treasurer, To Authorize The Treasurer To Make Equity Investments From The Fund To The Same Extent Allowed For Certain Investments From The State Retirement System, And To Allow Local Entities To Establish Other Irrevocable Trusts To Fund Post‑employment Benefits

Page 40: 2007 Legislative Review, Almost Dr. Lee Mandell NC League of Municipalities

Electric FranchiseElectric FranchiseS1158 - An Act To Direct The Revenue

Laws Study Committee To Determine A Different Method For Distributing The Franchise Tax On Electric Power Companies In Order To Simplify The Distribution, Reduce The Administrative Burden Associated With The Distribution, And Prevent Errors In The Distribution.

S1158 - An Act To Direct The Revenue Laws Study Committee To Determine A Different Method For Distributing The Franchise Tax On Electric Power Companies In Order To Simplify The Distribution, Reduce The Administrative Burden Associated With The Distribution, And Prevent Errors In The Distribution.