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

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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

More and more homeowners are thinking “green” when

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Norandex is committed to providing energy-ecient,

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homeowner benefts with minimal environmental impact.

Best o all, these “green” products come in a variety o 

beautiul colors and styles, that require practically no

maintenance, and are strongly warranted or their quality 

and perormance.

Contact your Norandex representative about the benefts

o the ollowing “green” products:

SIDING ENTRY DOORS SKYLIGHTS

  WINDOWS SPECIALTY ROOFING DECKING

 Tey’re just a part o an extensive line o exterior

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Materials Distribution.

 www.norandex.com

let us help you grow your 

business.Visit one of 

these locations:

GOGREEN!

Charlotte, NC 28206

(704)377-5443 (800)438-5908

Fax(704)376-3559

elizabeth City, NC 27909

(252)338-2737 (800)841-0408

Fax(252)338-3123

Fayetteville, NC 28306

(910)483-3360 (800)542-7448

Fax(910)483-3499

GreeNsboro, NC 27406

(336)273-8681 (800)722-2200

Fax(336)273-0521

hiCkory, NC 28601

(828)322-7080 (800)236-5607

Fax(828)322-7274

New berN, NC 28560

(252)672-8900 (800)548-1610

Fax(252)672-8904

raleiGh, NC 27603

(919)772-6220 (800)262-1394

Fax(919)772-8782

rural hall, NC 27045

(336)969-2201 (800)633-0842

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