legislative wrap up 2010
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8/7/2019 Legislative Wrap Up 2010
http://slidepdf.com/reader/full/legislative-wrap-up-2010 1/210 NORTHCAROLiNABuiLDER November/December 20
by Lisa Martin, Director of Government Affairs
T
he 2010 Short Session o the N.C.
General Assembly convened on May12 and adjourned on July 10. A total
o 3,547 bills were led during the
2009-10 biennium. O that total, 780 bills
were introduced in 2010. NCHBA’s success
in the 2010 session was due in no small part
to the diligence o our Government Aairs
sta, strong local participation in the political
process, and committed members and ocers.
NCHBA’s major legislative initiatives were
passed, and we were successul in protecting
our members rom new taxes and urther
regulatory burdens, while preserving housing
aordability. The ollowing is a summary o NCHBA’s major legislative accomplishments
during the 2010 General Assembly Session.
HouseBill1249HomeBuilderPropertyTaxDeferralChange
Legislation passed in the 2009 long
session that deers property tax on builder
inventory and legislation that extends state
and local permits were back beore the
General Assembly this year. The home builder
property tax deerral bill required some minor
clarication and that was accomplished in HB
1249 Home Builder Property Tax Deerral
Change (S.L. 2010-140).
HouseBill683PermitExtensionsNCHBA sought a two-year extension
o the permit extension act (S.L. 2009-
406 Extend Certain Development Permit
Approvals) and ought or the passage o HB
683 Permit Extensions (S.L. 2010-177). HB683 passed the Senate in June with only one
dissenting vote. When it moved to the House,
it came to an abrupt halt due to opposition
by the N.C. League o Municipalities, the
N.C. Association o County Commissioners,
and the N.C. Chapter o the American
Planning Association. Finally, an agreement
was reached on a conerence report in the
early morning hours o the session’s nal
day. While HB 683 does lengthen the tolling
period o the original act by one year, it
allows local governments to “opt out.” I a
local government chooses to opt out, thenthey must honor any time let on the permit
due to extensions granted in the or iginal Act.
SenateBill897AppropriationsActof2010
With the 2010 budget shortall totaling
$800 million, all options were on the table to
develop a balanced budget. NCHBA lobbied
against any new ees or taxes on builders or any
small business and lobbied against any measures
that would increase the cost o housing. For the
rst time in seven years, the North Carolina
General Assembly enacted a budget, SB 897Appropriations Act o 2010 (S.L. 2010-31),
prior to the start o the new scal year. O
particular note, the budget bill includes a $10
million appropriation or the N.C. Housing
Trust Fund. One negative aspect o the budg
was the creation o and unding or the N.C
Sustainable Communities Task Force. Thduties o the Task Force, as specied in th
budget, denitely have the potential to impa
home building. For that reason, NCHB
lobbied or legislative oversight o the task or
by adding reporting requirements and limitin
the power o the task orce to act independent
in HB 1766 Amend Environmental Laws 201
(S.L 2010-180).
SenateBill35ReconveyanceFeesProhibited
NCHBA worked closely with the N.
Association o REALTORS® to dr
legislation, SB 35 Reconveyance Fe
Prohibited (S.L. 2010-32), that bans priva
transer ees. Private transer ees are ees paid
a third-party upon the transer o real propert
The ee is usually paid by the seller and ca
either be a xed amount or a percentage o th
sales price. The legislation protects develop
members, consumers and the real estate mark
and provides certainty in real estate transaction
With the passage o this legislation, Nor
Carolina becomes one o only a handul
states that ban private transer ees. SenateBill829RegulationofAppraisalManagementCompanies
Appraisal management companies (AMC
are not new, but the number o AMCs an
Capitol InsideNCHBA achieves major goals in 2010 legislative sessio
2010 Legislative Session
N
CHBA has again placed two members o its legislative team in the N.C. Center or
Public Policy Research’s biennial ranking o most infuential lobbyists. Mike Carpenter
and Lisa Martin, ranked #21 and #45 respectively, among the 765 lobbyists (representing
805 dierent companies and organizations) and 106 legislative liaisons (representing 73dierent state government agencies) registered to lobby the General Assembly in 2009. The ranking
was accomplished by a survey ollowing the 2009 Session addressed to all 170 members o the
General Assembly, registered lobbyists, and members o the capital press corps.
“Advocacy on behal o our members was the reason or the creation o the state association in
1963 and it remains our top priority,” said Mike Carpenter. “It is nice to see NCHBA continue to be recognized among the most infuential
organizations on Jones Street.” Carpenter has consistently been ranked on this list since the 1993 session. Lisa Martin, who replaced Paul
Wilms as NCHBA’s Director o Governmental Aairs upon Wilms’ retirement in 2008, made the list or the rst time.
“This is the third session in a row that NCHBA has had two lobbyists ranked among the most infuential,” said Carpenter. “Lisa moved
seamlessly into Paul’s position and hit the ground running. I am delighted that her very successul debut was appropriately recognized by
the legislators, her ellow lobbyists, and the media.”
“The survey results conrm what we already know,” said 2010 NCHBA President Lyle Gardner. “Our legislative lobbying team is
second to none. I am proud not only o Mike and Lisa but also o Jessi and Erin or their invaluable contributions to the success o the team.”
MikeCarpenter&LisaMartinrankedamongmostinuentiallobbyistsintheNCGeneralAssembly
MartinCarpenter
8/7/2019 Legislative Wrap Up 2010
http://slidepdf.com/reader/full/legislative-wrap-up-2010 2/2November/December 201 0 NORTHCAROLiNABuiLDER
the requency o their use increased since
the ederal adoption o the Home Valuation
Code o Conduct (HVCC) in 2008. The
HVCC prohibits mortgage proessionals rom
ordering appraisals and mandates that lenders
have either a separate department to order
appraisals or use third party companies (AMCs)
to select appraisers. NCHBA members have
experienced a number o problems with
appraisals and appraisers; thus, NCHBA seized
the opportunity to use SB 829 to take the rststeps toward correcting the problems with
new home appraisals.
HouseBill1870SafeArticialSlopeConstructionAct
2010 marks the third year that NCHBA
has actively opposed legislation dealing
with steep slope construction. HB 1870
Sae Articial Slope Construction Act
received a avorable report rom the House
Environment Committee, but ailed to
advance any urther. In spite o successully
stopping this legislation, NCHBA ully
expects to ght steep slope legislation again
in the 2011 long session.
HouseBill1766AmendEnvironmentalLaws2010
In addition to provisions aecting the N.C.
Sustainable Communities Task Force, NCHBA
lobbied to include in HB 1766 Amend
Environmental Laws 2010 (S.L 2010-180)
provisions that clariy that local government
water systems and large community water
systems require separate meters or new in-
ground irrigation only on lots platted and
recorded ater July 1, 2009. Legislation enactedin 2008 to mitigate the drought requires
builders to put in both a regular water meter
or a home and a second water meter or the
irrigation system. This results in having to
pay an impact ee on both meters. A second
provision in HB 1766 requested by NCHBA
amends the notice requirements or new ees
and ee increases pertaining to sanitary districts
and water and sewer authorities.
SenateBill1259DisapproveBoylstonCreekReclassication
SB 1259 Disapprove Boylston CreekReclassication (S.L. 2010-157) was amended
to delay the eective date o a trout waters
reclassication in Transylvania County and
to require the Department o Environment
and Natural Resources (DENR) to hold
two additional public meetings and to report
to the Legislature’s Environmental Review
Commission prior to the beginning o the
2011 Session. NCHBA Government Aairs
sta attended the original public hearing
on this reclassication and will monitor any
additional actions.
StudiesBeore the start o the 2011 Session,
NCHBA Government Aairs sta will be
working with the various study committees
established by the General Assembly this
Session. There is a wide range o issues that
will be studied over the interim and many
could impact the home building industry.
Here are just a ew o the topics that will
require NCHBA’s involvement during the
legislative interim: • ConsolidationofStateAgenciesand
Departments
• ConsolidationorEliminationofState
Boards and Commissions
• PublicFinancingofElections
• DeveloperResponsibilityforStreet
Construction
• UrbanGrowthandInfrastructure
• LegislativeStudyCommissiononPubli
Private Partnerships
• JointSelectStudyCommitteeonTort
Reorm
• N.C.SustainableCommunitiesTaskForce
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Contact your Norandex representative about the benefts
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SIDING ENTRY DOORS SKYLIGHTS
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elizabeth City, NC 27909
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Fayetteville, NC 28306
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Fax(336)273-0521
hiCkory, NC 28601
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Fax(828)322-7274
New berN, NC 28560
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Fax(336)969-2301
wilmiNGtoN, NC 28405
(910)815-0501 (888)868-4695
Fax(910)815-0105
wiNterville, NC 28590
(252)321-5632 (888)643-0120
Fax(252)321-5682
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