NC WORKING FAMILIES ACT.

View NCGA Bill Details2021
House Bill 1136 (Public) Filed Thursday, May 26, 2022
AN ACT TO INVEST IN NORTH CAROLINA FAMILIES BY STRENGTHENING PUBLIC EDUCATION, EXPANDING PHYSICAL AND MENTAL HEALTH RESOURCES, INCREASING PAY FOR PUBLIC WORKERS AND INVESTING IN THE ENVIRONMENT, CLEAN ENERGY AND CLEAN TRANSPORTATION.
Intro. by Reives, Adcock, Lofton.

Status: Ref to the Com on Appropriations, if favorable, Rules, Calendar, and Operations of the House (House action) (May 31 2022)
H 1136

Bill Summaries:

  • Summary date: May 31 2022 - More information

    Part I.

    Sets a monthly teacher salary schedule for "A" teachers for 2022-23 for licensed public school personnel classified as teachers, based on years of experience, ranging from $3,660 for teachers with 0 years of experience to $5,650 for 29-30 years of experience. Provides for a 12% salary supplement for licensed teachers who have National Board for Professional Teaching Standards certification; a 10% salary supplement for licensed teachers classified as "M" teachers; a $126 salary supplement for licensed teachers with licensure based on academic preparation at the six-year degree level, in addition to the "M" teacher's salary supplement; a $253 salary supplement for licensed teachers with licensure based on academic preparation at the doctoral degree level, in addition to the "M" teacher's salary supplement; a 10% salary supplement for certified school nurses; and a $100 monthly salary supplement for school counselors licensed at the master's degree level or higher. Requires that the first step of the salary schedule for school psychologists, social workers licensed at the master's degree level or higher, school speech pathologists licensed at the master's degree level or higher, and school audiologists licensed at the master's degree level or higher, must be equivalent to the sixth step of the "A" salary schedule. Provides for a 10%  and $350 salary supplement. Deems these employees eligible to receive salary supplements equivalent to those of teachers for academic preparation at the six-year degree level or the doctoral degree level. Requires that the twenty-sixth step of the salary schedule for these employees be 7.5% higher than the salary received by these same employees on the twenty-fifth step of the salary schedule. Provides that in lieu of the amounts of annual longevity payments to teachers paid on the teacher salary schedule, beginning with the 2014-15 fiscal year, the amounts of those longevity payments are included in the monthly amounts under the teacher salary schedule. Details teacher compensation for the 2022-23 school year based on either (1) the applicable salary schedule; (2) the sum of the salary the teacher received in 2013-14, longevity pay for the 2013-14 school year, and annual bonus provided in SL 2014-100; or (3) the sum of the salary and annual bonus the teacher received in the 2014-15 school year, with the compensation amount determined to be equal to the greater of those amounts. Provides that "teacher" includes instructional support personnel. Repeals Section 7A.1 of SL 2021-180, which set out teacher salary schedules and bonus provisions.

    Repeals GS-115C, 302.10, as amended, which set out limitations on which teachers and instructional support personnel were to be paid on the "M" salary schedule or receive a salary supplement for academic preparation at the six-year degree level or at the doctoral degree level. Provides that for the 2022-23 fiscal year, the specified policy as it was in effect in 2013 is to be used to determine whether teachers and instructional support personnel are paid on the "M" salary schedule and whether they receive a salary supplement for academic preparation at the six-year or doctoral degree level.

    Amends Section 7A.12 of SL 2021-180, which requires the State Board of Education to allocate funds to eligible local school administrative units to provide salary supplements to teachers and qualifying school administrators in those units. Expands upon the definition of eligible county to now include all NC counties. Also increases the cap on the amount to each eligible local school administrative unit from $4,250 to $5,000.

    Requires the Department of Public Instruction (DPI) to administer a bonus of $500 to every teacher and school-based administrator who, as of October 31, 2022, is employed as a teacher or school-based administrator in a qualifying public school unit and has been continuously employed by a public school unit since September 1, 2022. Requires the bonus to be paid by November 2022. Also requires DPI to administer a $500 bonus to every teacher and school-based administrator who, as of March 31, 2023, is employed as a teacher or school-based administrator in a qualifying public school unit and has been continuously employed by a public school unit since November 1, 2022. Requires the bonus to be paid by April 2023. Defines qualifying public school unit as a local school administrative unit, charter school, regional school, innovative school, and a laboratory school. Specifies that the bonuses are not compensation. Requires for charter, regional, innovative, and laboratory schools that the funds for the bonuses be allocated on the basis of the funded average daily membership of each  school. Sets out provisions for determining which level the principal meets and for calculating average daily membership. Provides that beginning in 2017-18, instead of annual longevity payments the amounts of longevity payments are included in the annual amounts under the principal salary schedule. Details principal compensation for the 2021-22 school year based on (1) the applicable salary schedule, (2) the sum of the salary received in 2016-17 and longevity pay for the 2016-17 school year, (3) the salary received in 2016-17 if not eligible for longevity at that time, or (4) the salary received in 2020-21. 

    Provides that for 2022-23, beginning July 1, 2022, assistant principals are to receive a monthly salary based on the "A" teacher salary schedule plus 19%, with placement based on total years the assistant principal has spent as a certified employee. Requires assistant principals with certification based on academic preparation at the six-year degree level to be paid a salary supplement of $126 per month, and at the doctoral degree level to be paid a salary supplement of $253 per month. Provides for a 10-month stipend for participants in an approved full-time master's in-school administration program. Details limitations and required certification. Provides that in lieu of the amounts of annual longevity payments to assistant principals paid on the assistant principal salary schedule, beginning with the 2017-18 fiscal year, the amounts of those longevity payments are included in the monthly amounts provided to assistant principals pursuant to the act. Requires assistant principals paid under the salary schedule provided for the 2022-23 fiscal year to receive the greater amount of (1) the applicable amount provided in the salary schedule by the act, (2) the salary the assistant principal received in the 2016-17 school year under Sections 9.1 or 9.2 of SL 2016-94 plus the longevity that would have been received, or (3) the salary received in 2016-17 if not eligible for longevity at that time. 

    For 2022-23, beginning July 1, 2022, increases by 5% the salaries for superintendents, assistant superintendents, associate superintendents, directors/coordinators, supervisors, and finance officers. Sets out the maximum salary for those same positions for the 2022-23 fiscal year, beginning July 1, 2022, with maximums ranging from $7,137 for School Administrator I to $9,538 for School Administrator VII; maximums range from $10,110 for Superintendent I to $12,860 for Superintendent V. Requires longevity for these positions to be as provided for State employees. Awards a monthly salary supplement of $126 for those with certification based on academic preparation at the six-year degree level and at $253 per month for those with certification based on academic preparation at the doctoral degree. Prohibits local school administrative units from transferring State funds from other funding categories for salaries for public school central office administrators.

    Increases for 2022-23, beginning July 1, 2022, the annual salary for noncertified public school employees by the greater of 5% or the amount needed to increase the minimum hourly compensation to $15/hour for permanent, full-time employees on a 12 month contract. Increases salaries by an equitable amount for permanent, full-time employees on a contact for fewer than 12 months/ permanent, part-time employees and temporary and permanent hourly employees.

    Appropriates $350,008,000 in additional recurring funds and $122 million in additional nonrecurring funds from the General Fund to DPI for 2022-23 to increase compensation for public school employees.

    Appropriates $52,650,000 in recurring funds from the General Fund to DPI for 2022-23 to be allocated to the instructional support allotment. States the NCGA's intent that the funds be used to increase the number of school mental health support personnel. Appropriates $17,550,000 in recurring funds from the General Fund to DPI for 2022-23 to be allocated to the school psychologist allotment.

    Appropriates $10 million in recurring funds for 2022-23 from the General Fund to the Department of Health and Human Services, Division of Child Development and Early Education, to expand the Child Care WAGE$ program; requires funds to be used to provide education-based supplements to low-wage educators and to expand the program to all counties.

    Part II.

    Requires the Department of Health and Human Services, Division of Health Benefits, to amend the NC Innovations waiver to increase the number of slots by 5,000. Appropriates $39 million in recurring funds for 2022-23 from the General Fund to DHB to implement this requirement.

    Appropriates $19 million for 2022-23 from the General Fund to the Department of Health and Human Services, Division of State Operated Healthcare Facilities, to support the State-operated alcohol and drug abuse treatment centers.

    Appropriates $10 million for 2022-23 from the General Fund to the Governor's Crime Commission (Commission) for competitive grants to North Carolina municipal police departments for the purpose of funding permanent or contracted mental health professional positions for the utilization of mental health professionals to assist law enforcement officers. Sets out the approach these mental health professionals must take and prohibits deploying them to active scenes where armed persons are present.  Sets out seven services that are to be provided, at a minimum, including field services for individuals requesting services or experiencing crisis, nonemergency transportation for individuals experiencing crisis, and proactive follow-up and referrals involving persons with a history of behavioral health issues resulting in police response. States the NCGA's intent that these positions rely on municipal funding once awarded grant funds are expended. Requires the Commission to develop guidelines and procedures for grant administration and distribution; caps the amount of funds that may be used for administering and distributing grants at 3%. Caps the amount awarded to a municipal police department at $300,000.

    Part III.

    Amends Section 39.1 of SL 2021-180 to increase the raise for state employees employed in a state-funded position as of June 30, 2022, from 2.5% to 5% for 2022-23.

    Awards an additional salary increase of 2.5% for 2022-23 for law enforcement officers and healthcare professionals who are employed in a State funded position on June 30, 2022.

    Amends Section 39.7 of SL 2021-180 to increase the salaries for assistant clerks and head bookkeepers, and deputy clerks, effective July 1, 2022.

    Amends Section 39.8 of SL 2021-180 to increase the salaries of full-time magistrates, effective July 1, 2022.

    Amends Section 39.9 of SL 2021-180 by increasing the raise for legislative employees from 2.5% to 5%, effective July 1, 2022.

    Amends Section 39.10 of SL 2021-180 by increasing the salaries of principal clerks, effective July 1, 2022.

    Amends Section 39.11 of SL 2021-180 by increasing the salaries of sergeants-at-arms and the reading clerk, effective July 1, 2022.

    Amends Section 39.12 of SL 2021-180 by increasing the the raise amount for community college faculty and non-faculty personnel from 2.5% to 5% effective July 1, 2022. Also increases the minimum 2022-23 salaries for nine-month, full-time curriculum community college faculty. 

    Amends Section 39.13 of SL 2021-180 to increase the amount of the raise for UNC SHRA employees, EHRA employees, and teachers employed by the NC School of Science and Math from 2.5% to 5%, effective July 1, 2022.

    Amends GS 39.14 of SL 2021-180 by further increasing the 2022-23 salaries for correctional officers, effective July 1, 2022.

    Amends Section 39.15 of SL 2021-180 by further increasing the 2022-23 salaries for state law enforcement officers, effective July 1, 2022.

    Amends Section 39.15A of SL 2021-180 by further increasing the 2022-23 salaries for probation and parole officers, effective July 1, 2022. Adds that for the 2022-23 fiscal year, employees of the Division of Juvenile Justice and Delinquency Prevention may receive the greater of their current pay level or the pay level reflected in the specified schedule.

    Appropriates $218,505,500 in recurring funds for 2022-23 from the General Fund to the Reserve for Salary Adjustments for these salary adjustments.

    Amends GS 135-5 (concerning the Teachers' and State Employees' Retirement System), GS 135-65 (concerning the Consolidated Judicial Retirement System), and GS 120-4.22A (concerning the Legislative Retirement System), to provide, from and after July 1, 2022, a 3% increase in the retirement allowance to or on account of beneficiaries whose retirement commenced on or before July 1, 2021, or a prorated amount for those whose retirement commenced after July 1, 2021, but before June 30, 2022, as determined by the respective Board of Trustees. Appropriates $153 million from the General Fund to the Reserve for Retiree Cost-of-Living Adjustments for the 2022-23 fiscal year to implement the act. 

    Enacts GS 126-8.6, directing the State Human Resources Commission (Commission) to adopt rules and policies that provide that a permanent, full-time State employee can take up to 12 weeks of paid parental leave in addition to any other available leave, so long as the employee is continuously employed for at least 12 months preceding the first request for paid parental leave. Provides for prorated leave for part-time employees of up to six weeks in addition to any other available leave. Specifies that the authorized leave is provided for birth of the parent's child and to care for the newborn or for placement and adoption of a child and time for bonding, is available without exhaustion of the employee's earned leave, is in addition to shared leave or other leave authorized by federal or state law, cannot be used for retirement purposes, and has no cash value upon termination. Defines the scope of the act to include all State employees and all State-supported personnel, with the appropriate governing board adopting rules and policies consistent with the act. Directs the Commission, named state entities and all State agencies, departments, and institutions to annually report to the Office of State Human Resources on the paid parental leave program beginning May 1, 2023. Amends GS 126-5 to explicitly make the provisions of new GS 126-8.6 applicable to all State employees, public school employees, and community college employees. Appropriates $15 million in recurring funds for 2022-23 from the General Fund to a Reserve for Compensation to fund the paid parental leave program. Effective July 1, 2021. Appropriates $705 million for 2022-23 from the General Fund to a Reserve for Bonuses to fund the paid parental leave.

    Awards a $750 retention bonus to be paid in November 2022 for any person: (1) whose salary is set by this act in Part 7A or this Part, pursuant to the North Carolina Human Resources Act, or as otherwise authorized in this act and (2) who is continuously employed by the State or a public school unit from July 1, 2022, to October 31, 2022. Specifies that for otherwise eligible local education employees, eligibility for the bonus is measured beginning on the first day when staff report for the 2022-23 school year. Awards a $750 bonus payable in April of 2023 for any person (1) whose salary is set by this act in Part 7A or this Part, pursuant to the North Carolina Human Resources Act, or as otherwise authorized in this act and (2) who is continuously employed by the State or a public school unit from November 1, 2022, to March 31, 2023. Awards a $250 bonus for state employees and local education employees who are continuously employed from July 1, 2022, to October 31, 2022, and who (1) earn an annual salary that does not exceed $75,000; (2) are law enforcement officers; (2) are employed in the Division of Adult Correction and Juvenile Justice with duties requiring frequent in-person contact; or (4) are employed in a position at a 24-hour residential or treatment facility operated by the Department of Health and Human Services. Awards a $250 bonus to those same individuals who are employed from November 1, 2022, to March 31, 2023. Specifies that these bonuses are not compensation and are to be paid separately from the annual salary. 

    Part IV.

    Appropriates $18 million for 2022-23 to the Department of Agriculture and Consumer Services (DACS) to purchase permanent conservation easements on property used for swine production that are within the 100-year floodplain (as defined). 

    Appropriates $543,750 in recurring funds for 2022-23 from the General Fund to DACS to establish five positions as specified related to infrastructure and energy efficiency staff and staff to support emergency response.

    Appropriates $2,492,259 in recurring funds and $483,360 in nonrecurring funds for 2022-23 to the Department of Environmental Quality (DEQ) to fund the agency's work with emerging compounds in permitting activities, meet additional demand for technical support related to emerging compounds at regional offices, and support the growing need for groundwater testing. Allows the funds to be used to establish up to 19 full-time equivalent positions.

    Appropriates $4.3 million in recurring funds for 2022-23 to DEQ to hold DEQ harmless with respect to the fee increases requested by DEQ in the specified report. Authorizes DEQ to create up to 35 full-time equivalent positions.

    Amends GS 143-215.104C by increasing from 1% to 3% the amount from the Dry Cleaning Solvent Clean Up Fund that may be used for investigating inactive hazardous substance disposal sites reasonably believed to be contaminated by dry-cleaning solvent. Amends GS 143-215.104P by increasing the cap on the amount of civil penalties that may be assessed for the specified violations involving a hazardous waste. Specifies that the funds generated by these statutory changes will address increased demand for dry-cleaning contamination cleanup, identify contamination sources, and support site redevelopment.

    Appropriates $160,000 in recurring funds for 2022-23 from the General Fund to DEQ to create a project liaison to work with the Department of Commerce and the Economic Development Partnership of NC.

    Appropriates $720,526 in recurring funds and $122,500 in nonrecurring funds for 2022-23 from the General Fund to DEQ to establish the Coastal Habitat Assessment Program to assess costal habitats through site mapping, vegetation assessments, and observation of wetlands.

    Appropriates $4 million for 2022-23 from the General Fund to DEQ for the Resilient Communities Program to expand the program to additional communities.

    Appropriates $15 million for 2022-23 from the General Fund to the Department of Commerce (DOC) to be allocated to the NC Clean Energy Innovation and Research Fund established in this act, for clean energy innovation and research grants. Appropriates $4.5 million for 2022-23 from the General Fund to DOC for the One North Carolina Fund to provide competitive grants for support of clean energy and energy efficiency innovation, entrepreneurship, and small business development in the clean energy sector. Provides that appropriated funds not spent or encumbered by June 30, 2026, revert to the General Fund.

    Adds new Part 2L, Clean Energy Innovation and Research Fund, in Article 10 of GS Chapter 143B, providing as follows. Establishes the NC Clean Energy Innovation and Research Fund (Fund) in DOC and makes the Office of Science, Technology and Innovation in the Department responsible for administering the Fund. Requires DOC to make grants from the Fund to private businesses with fewer than 100 employees, nonprofit organizations, local governments, and State agencies to encourage the expansion of small to medium-size businesses with fewer than 100 employees that will help grow a green economy in the State. Requires the Fund to be used for clean energy and energy efficiency innovations and research and for the development of small businesses and encouragement of entrepreneurship in these areas. Sets out three priority areas. Allows setting a cap on the grant amounts and requiring private business to provide matching funds. Allows DOC to adopt rules for the Fund's administration. Allows the specified amount of funds to be used to administer the Fund.

    Appropriates $2 billion in non-recurring funds from the General Fund to DPI for the 2022-23 fiscal year to be allocated to local school administrative units to make the following improvements:
    (1) $1 billion allocated to make energy efficient improvements to school buildings, such as weatherizing doors/windows, insulating pipes, installing energy-efficient lighting, upgrading HVAC systems, upgrading water systems, installing building management systems, upgrading plug load management systems, and upgrading electric water coolers;
    (2) $500 million allocated to install solar panels on school buildings and make necessary roof repairs related to solar panel installation; and
    (3) $500 million allocated to replace qualifying school buses (buses that are 10 years or older by model year and that run on motor fuel in whole or in part) with electric school buses assembled in North Carolina.

    Appropriates $353,750 in recurring funds for 2022-23 from the General Fund to the Department of Natural and Cultural Resources (DNCR) for three positions for infrastructure and energy efficiency staff. Allows funds to also be used for utility monitoring software.

    Appropriates $170,000 in recurring funds for 2022-23 from the General Fund to DNCR for one position in the natural Heritage program and one in the State Historic Preservation Office, as specified.

    Appropriates $170,000 in recurring funds and $400,000 in nonrecurring funds for 2022-23 from the General Fund to DNCR for four positions in the Division of Parks and Recreation to conduct prescribed fires and respond to wildfires in state parks. Requires the nonrecurring funds to be used for supplies and equipment to support the crew's work. 

    Appropriates $3,757,116 in recurring funds and $20 million in nonrecurring funds for 2022-23 from the General Fund to DNCR for the Parks and Recreation Trust Fund; specifies that this funding increases the recurring support of the Trust Fund to $20 million and provides a total of $40 million in funding in the 2022-23 fiscal year.

    Appropriates $6,842,470 in recurring funds and $20 million in nonrecurring funds for 2022-23 from the General Fund to DNCR for the NC Land and Water Fund; specifies that this funding increases the recurring support of the Fund to $20 million and provides a total of $40 million in funding in the 2022-23 fiscal year.

    Appropriates $10 million for 2022-23 from the General Fund to DNCR to be allocated to the NC Land and Water Fund for peatland and pocosins acquisition and restoration.

    Appropriates $2 million in recurring funds from the Highway Fund to the Department of Transportation (DOT) for integrated mobility initiatives within DOT. Specifies that the funds will enable DOT to respond to new technologies to provide affordable and equitable access to transportation and allows funds to be used to support pilot programs and match Federal grants.

    Appropriates $10 million in recurring funds from the Highway Fund to DOT for the Rail Division to provide matching funds to leverage federal grants available under the bipartisan Infrastructure Investment and Jobs Act to fund the first portion of the S-Line.  

    Repeals GS 136-189.11(d)(3)(c) (concerning the Transportation Investment Strategy Formula), which requires that 30% of the funds subject to the statute be allocated in equal share to each of the Department divisions and used for Division Need Projects. Appropriates $10 million in recurring funds from the Highway Fund to DOT to establish a local government grant program to match federal funds for bicycle and pedestrian projects.

    Part V.

    Includes a severability clause.

    Effective July 1, 2022, unless otherwise specified.

     


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