Bill Summary for H 873 (2019-2020)

Summary date: 

May 1 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 873 (Public) Filed Tuesday, April 16, 2019
AN ACT TO CLARIFY THE TIMING OF COLLECTION OF SYSTEM DEVELOPMENT FEES AND TO REQUIRE THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO AMEND A RULE THAT CURRENTLY ALLOWS A SEWER THAT SERVES A SINGLE BUILDING TO BE DEEMED PERMITTED, TO ALLOW A SEWER SHARED WITH AN ACCESSORY BUILDING ON THE SAME PROPERTY TO BE DEEMED PERMITTED AS WELL.
Intro. by Arp, Boles, McNeill.

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Bill summary

House committee substitute makes the following changes to the 2nd edition.

Modifies the proposed changes to the definition of new development set forth in GS 162A-201(6). Now defines the term to mean any of the following three actions with respect to real property that increases the availability of service (was, capacity) necessary to serve that development: (a) the subdivision of land; (b) initial construction on undeveloped property; and (c) any use or extension of use of land, including reconstruction, redevelopment, renovation, conversion, structural alteration, relocation, or enlargement of any structure on developed property that increases the number of service units (consolidating subdivision (c) and previously proposed subdivision (d)).

Makes further modifications to the proposed changes to GS 162A-213 regarding time for collection of system development fees based on the category of new development. Now requires the fee to be collected at the time of plat recordation for new development as defined in GS 162A-201(6)a., as amended (subdivision of land), no longer requiring collection at the later of plat recordation or when water or sewer service is committed by the respective local government unit. Now makes the proposed time of collection provisions previously specified for new development as defined in GS 162A-201(6)d. (now incorporated into GS 162A-201(6)c.) now applicable to all other new development as defined in GS 162A-201(6)b. and c, as amended (previously, provided for collection for new development as previously defined by GS 162A-201(6)b. and c. at the earlier of application for connection of the individual development unit to service or facilities or when water or sewer service is committed by the respective local government unit). Adds to the exceptions to prohibit charging or assessing a fee on new development as defined by GS 162A-201(6)b. or c. if a fee was paid upon recordation of the plat of subdivision in accordance with the act. Maintains the previously provided exceptions, making them applicable to the described new developments, as now defined by GS 162A-201(6)b. or c.

Specifies that the act applies to system development fees collected on or after July 1, 2019.

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