Part I.

Revises defined terms applicable to certificates of need laws in Article 9, set forth in GS 131E-176, as follows. Changes the threshold criteria for diagnostic center to include a facility, program, or provider in which the total cost of all medical diagnostic equipment used by the facility which costs more than $10,000 or more exceeds $1.5 million (currently, the cost threshold is set at $500,000). Changes the threshold criteria for major medical equipment to include a unit or system used to provide medical or other health services which costs more than $2 million (currently, the threshold is $750,000). Changes the threshold criteria for new institutional health services to include the obligation of capital expenditures exceeding $4 million (was, $2 million) to develop or expand a health service or facility or relates to the provision of health services. Makes conforming changes to reflect the revised threshold amounts in GS 131E-184. Requires the cost threshold amount for diagnostic center, major medical equipment and new institutional health services to be adjusted annually, beginning September 30, 2022, as specified. Amends bed capacity to specify space used exclusively for inpatient care at a health care facility. Amends the definition of health service to exclude activities performed at a facility that does not meet the definition of a health service facility; removes ambulatory surgical facilities from the definition of health service facility. Removes the conversion of a specialty ambulatory surgical program to a multispecialty program or the addition of a specialty to an existing program from the term new institutional health services (the same provision is deleted again in Section 2(a) of this act, effective 19 months after the act becomes law). Makes conforming and technical changes.

Amends GS 131E-184 by exempting from certificate of need review a new institutional health service if it receives prior written notice from the entity proposing the service for the development, acquisition, construction, expansion, or replacement of a health service facility or service that obtained certificate of need approval before October 1, 2019, as an ambulatory surgical facility. Also exempts a capital expenditure exceeding the $4 million (was, $2 million) threshold, when the specified conditions are met. Directs the Department of Health and Human Services (DHHS) to exempt from certificate of need review services or facilities for which a certificate of need has already been issued when those services or facilities are replaced, renovated, or relocated to another site in the same county where need was originally determined. Establishes an exemption from certificate of need review for the construction, development, acquisition, or establishment of an ambulatory surgical facility in a county with a population of 100,000 or more that meets four criteria, including requiring licensed physicians seeking the exemption to make every effort to enter into a joint venture with a licensed hospital as specified, agreement with a licensed hospital or hospital privileges to ensure inpatient hospital services are available as specified, capability to immediately transfer patients to an adequate emergency room, and compliance with statutory licensure requirements of ambulatory surgical facilities. 

Enacts GS 131E-189(d), providing for the expiration of a certificate of need issued for the construction of a health service facility upon the certificate holder failing to initiate authorized construction within four years after the approval becomes final for projects costing over $50 million or two years after the approval becomes final for projects costing less than $50 million.

Adds to the requirements for ambulatory surgical facility licensure under GS 131E-147 as follows. Requires all initial application and renewal applications to require statement of the number of procedure rooms on, and the number and type of procedures performed at, the named premises. Bars issuing or renewing a license to operate a facility developed, acquired, or replaced on or after October 1, 2019, unless the application provides (1) a commitment that the Medicare allowable amount for self-pay and Medicaid surgical cases minus all revenue collected from self-pay and Medicaid surgical cases will be the greater of either 4% of the total revenue collected for all surgical cases performed at the facility or the percentage of charity care ambulatory surgery services provided by the affiliated hospital; (2) a commitment to annually report the total number of self-pay, Medicaid, Medicare, commercial insurance, managed care, and other surgical cases to DHHS; and (3) a commitment to report use and payment data for services provided by the facility to the statewide data processor. 

Effective January 1, 2022.

Part II.

Makes the following changes, effective 18 months after the act becomes law.

Further amends GS 131E-176 to remove "psychiatric facility" and "chemical dependency treatment facility" from the term health care facility. Makes conforming changes to the term health service facility bed. Amends new institutional health services to provide for the new exemption enacted in GS 131E-184(j) for ambulatory surgical facilities that meet specified criteria.

Amends GS 131E-184 regarding the certificate of need review exemption for any conversion of existing acute care beds to psychiatric beds, to eliminate two existing criteria that must be met to qualify for the exemption, including contracting with a division of DHHS and/or specified local authorities and not exceeding a specified limit for the number of beds converted. 

Amends Section 12F.4 of SL 2016-94, which directs the DHHS Secretary to select hospitals from the three State regions to receive allocated funding for the construction, conversion, or both of short-term, inpatient behavior health beds in rural areas. Revises the conditions for funding to require selected rural hospitals to reserve at least 25%, rather than 50%, of the constructed or converted beds for purchase by DHHS under the State-administered three-way contract, and referrals by LME/MCOs of individuals who are indigent or Medicaid recipients. 

Part III.

Includes a severability clause.

Part IV. 

Makes the act effective on the date the act becomes law, unless otherwise provided. 

Part I.

Amends the definition of terms as they are used in Subchapter I, Abuse, Neglect, Dependency, of GS Chapter 7B as follows: (1) expands upon the definition of neglected juvenile to include any juvenile whose parent, guardian, custodian or caretaker has not provided for or arranged for necessary medical or remedial care (was, provision only), creates or allows to be created an environment that is injurious to the juvenile's welfare (was, allows or lives in such an environment), or has participated or attempted to participate in the unlawful transfer of custody of the juvenile (was, unlawful transfer without specificity as to participation); and (2) defines relative as an individual directly related to the juvenile by blood, marriage, or adoption, including, but not limited to, a parent, grandparent, sibling, aunt, or uncle. Makes technical changes. Makes a conforming change to the statutory cross-reference in GS 7B-1001 to the definition of reunification. 

Enacts GS 7B-302(a3) to authorize legislators and NCGA joint oversight committees to request access to confidential information and records maintained pursuant to Article 3 (governing the screening of abuse and neglect complaints) by the Department of Health and Human Services (DHHS) or county department of social services (dss). Restricts requests to purposes of overseeing programs related to child protective services. Provides for coordination between DHHS and dss in fulfilling a request made to either DHHS or a dss director. Deems the confidential information and records shared the minimum necessary to satisfy the request. Prohibits legislators from retaining, receiving copies of, or taking photos or electronic images of any information or records reviewed. Requires shared information and records to be withheld from public inspection and maintained in a confidential manner. Bars sharing or disclosing the following in response to a request: the identity of the reporter, and the juvenile court records of Article 29, Records and Social Reports of Cases of Abuse, Neglect, and Dependency. Deems violation of the new subsection a Class 1 misdemeanor. 

Adds to GS 7B-505 to require dss to use due diligence to identify and notify adult relatives and other persons with legal custody of a sibling of the juvenile within 30 days of the initial order removing custody of the juvenile after finding reasonable basis that the charges in an abuse, neglect or dependency petition are true and criteria of subsection (a) are met. Requires dss to file with the court information regarding such attempts made. 

Enacts GS 7B-903(a4), authorizing the court to consider placement of a juvenile following disposition with nonrelative kin or other persons and order placement if the court finds it in the best interest of the juvenile. Allows the court to order dss to notify the juvenile's State-recognized tribe of the need for nonsecure custody for the purposes of locating relatives or nonrelative kin for placement. 

Expands the parameters and requirements of GS 7B-903.1 to permit dss to recommend unsupervised visits with or return of physical custody of the juvenile to the parent, guardian, custodian, or caretaker from whose home the juvenile was removed and placed in the custody or placement responsibility of dss (was, limited to recommendations for the return of physical custody). Makes the existing observation visit requirements applicable to recommendation for unsupervised visits, and adds to the requirements applicable to both types of recommendations, that the observation visits must occur within 30 days of the hearing at which dss makes the recommendation. Makes conforming changes.

Enacts GS 7B-905.1(b1), providing that a parent's positive result from a drug screen alone is insufficient to deny the parent court-ordered visitation with the juvenile. Directs dss to file a motion within 30 days of a parent's positive result from a drug screen for unsupervised visitation for review of the visitation plan to ensure the child's safety. Authorizes cancellation of visitation if, at the time that visitation between the parent and the juvenile occurs, a parent is under the influence of drugs or alcohol, and exhibits behavior that may create an unsafe environment for a child, or the parent appears to be actively impaired. 

Revises GS 7B-906.1 as follows. Requires the court to conduct a review or permanency planning hearing within 90 days of the initial disposition hearing, and every six months thereafter, with hearings designated as a review hearing if custody has not been removed from a parent, guardian, caretaker or custodian, or a permanency planning hearing if custody has been removed (previously, provided for permanency planning hearings within six months of the initial order removing custody and every six months thereafter). Adds a new requirement for the court to provide any person providing care for the juvenile the opportunity to address the court regarding the juvenile's well being. Requires the court's written findings at each hearing to include services offered to prevent removal of the juvenile from either parent, and reports on the juvenile's continuation in the home of the parent, guardian, or custodian, the appropriateness of such continuation, and the goals of the family services plan. No longer includes findings regarding when and if termination of parental rights should be considered. Directs the court to schedule a permanency planning hearing within 30 days of a review hearing in which the juvenile is removed from the custody of a parent, guardian or custodian. Establishes three written findings the court must make at any review hearing to order removal of the juvenile, including that the juvenile has experienced substantial risk of experiencing physical or emotional harm as a result of at least one specified factor (which overlap with criteria for nonsecure custody under GS 7B-503(a)), the juvenile has experienced substantial risk of experiencing physical or emotional harm as a result of at least one specified factor has occurred since the initial disposition hearing (which overlap with criteria which make reunification efforts following the initial dispositional hearing not required under GS 7B-901(c)), and the parent, guardian, custodian, or caretaker consents to the order of removal. Describes the purpose of review hearings. Requires the parent, guardian, or custodian to complete court-ordered services within 12 months from the date of the filing of the petition, demonstrate precipitating circumstances of DHHS involvement with the family have resolved to the satisfaction of the court, and provide a safe home for the juvenile. Directs the court to terminate jurisdiction upon completion of court-ordered services and the juvenile residing in a safe home, absent extraordinary circumstances. Requires consideration and written findings regarding when and if termination of parental rights should be considered at permanency planning hearings where the juvenile is not placed with the parent. Relieves the court of its duty to conduct period reviews of placement at any time a juvenile that has been removed from a parent and legal custody has been awarded to either parent (was, upon placement with the parent). Bars a court from waiving or refusing to conduct a review hearing or a permanency planning hearing if a party files a motion seeking the hearing. Makes clarifying changes to subsection (n) regarding the court's authority to waive hearings, require written reports of the agency or person holding custody, or order less-often hearings, making provisions clearly applicable to permanency planning hearings, as specified. 

Adds to the training requirements for foster parent licensure under GS 131D-10.6A, a module that is created and made available by DHHS that explains the roles and obligations of foster parents in judicial proceedings conducted under Subchapter I of GS Chapter 7B.

Repeals GS 7B-905(b), which requires dispositional orders removing custody of the juvenile from the parent, guardian, custodian, or caretaker to direct a review hearing to be held within 90 days of the dispositional hearing.

Amends GS 7B-906.2 to allow the court to not include reunification as a primary or secondary plan of the adopted concurrent plans if the court has made written findings under GS 7B-901(c) or GS 7B-906.1(d)(3) (previously, did not specify findings must be written). 

Applies to actions filed or pending on or after October 1, 2021.

Part II.

Enacts GS 7B-320(a1) to require a dss director to cooperate with law enforcement and the district attorney to determine the safest way possible to provide notification to the identified responsible individual if the director determines that the juvenile is the victim of human trafficking by an individual other than the juvenile's parent, guardian, custodian, or caretaker. Requires documentation of the basis for not providing this notification. Bars notification or proceeding further under Article 3A (Judicial Review; Responsible Individuals List) if the notification is likely to cause mental or physical harm or danger to the juvenile, undermine an ongoing or future criminal investigation, or jeopardize the State's ability to prosecute the identified responsible individual. Effective October 1, 2021. 

Part III.

Increases the number of emergency district court judges on the active list described in GS 7A-52 from 25 to 30.

Directs the Chief Justice of the Supreme Court to assign the maximum amount of emergency judges of the district court to hear cases in judicial districts that have a backlog of juvenile cases regarding abuse, neglect, and dependency matters and termination of parental rights hearings. Requires consultation with the Administrative Office of the Courts (AOC), the NC Association of District Court Judges, and the Chief District Court Judge of each judicial district. Directs assignment in order of necessity as determined by the Chief Justice. 

Part IV.

Appropriates $250,000 in recurring funds from the General Fund to DHHS, Division of Social Services (DSS) for 2021-23 to create seven full-time equivalent regional abuse and medical specialists. Details the responsibilities and focus of these positions. Requires collaboration for hiring, training, and oversight of the positions with the NC Child Medical Evaluation Program in UNC School of Medicine. Directs DSS to report to the specified NCGA committee and committee chairs by June 30, 2022, and annually for three successive years. Effective July 1, 2021.

Part V.

Directs DHHS to develop an operational plan to create and implement a statewide child protective services (CPS) hotline. Provides for creation and membership of a planning and evaluation team. Identifies seven required components of the plan, including a fiscal analysis and implementation time line. Directs DHHS to submit the operation plan to the specified NCGA committee by September 1, 2022. 

Part VI. 

Makes the act effective on the date the act becomes law unless otherwise provided. 

Amends Section 5.3 of SL 2017-57, as amended, by increasing the cap on the grant amount for recipients of grants from the Needs-Based Public School Capital Fund when the recipient is a county designated as a development tier two area, from $1 to $2 for every $1 in grant funds provided by the county. Expands the allowable uses of grant funds to include school building repairs and renovations in addition to the already allowed construction of new school buildings. Adds that a county designated as a development tier two area that was awarded a grant of $10 million in 2020 and that was subsequently designated as a development tier one area, is eligible for a grant as a tier one area so long as the county did not use the funds previously awarded. Amends the conditions under which a county may use grant funds for lease agreements, as follows: (1) deletes the requirement that the agreement include a repairs and maintenance provision that required the landlord to pay for specified expenses for the term of the lease and (2) requires the lease agreement to be for a term of at least 15 and more than 40 (was, no more than 25) years. Adds that a county designated as a development tier three area with a population not exceeding 400,000 is eligible for grant funds so long as they are used for a lease agreement that meets the specified requirements; caps the grant amount at $10 million and includes a matching requirement of $1 for every $1 of grant funds.

Amends GS 115C-546.2 to allow a county to use funds from the Public School Building Capital Fund for lease agreements to construct new school facilities if the agreement meets the following requirements: (1) requires the county to retain ownership of the subject property on which the leased school is constructed, (2) requires the lease to be for a term of at least 15 years and no more than 40 years, and (3) requires the county to provide a copy of the  lease agreement to the Department of Public Instruction.

Directs the Department of Health and Human Services (DHHS), in conjunction with the Department of Information Technology (DIT), to execute a contract by October 1, 2021, with Epic software to implement Epic software as the uniform platform for electronic health records at the State psychiatric hospitals by January 1, 2022. Also requires the contract to provide for training staff at the State's psychiatric hospitals on the use of Epic. Appropriates $10.9 million in fiscal year 2021-2022 and $20 million in fiscal year 2022-2023 from the General Fund to DIT to cover the costs of this contract. Effective July 1, 2021.

Part I.

Amends GS 55A-11-02 to allow a charitable or religious corporation to merge, without prior approval of the superior court, with a limited liability company if (1) its sole member is a domestic or foreign corporation exempt from income tax; and (2) it is disregarded for income tax purposes but would be eligible for an exemption under the specified provision of the Internal Revenue Code if it were not disregarded.

Amends GS 55A-11-09, concerning merger with unincorporated entities, as follows. Expands upon the definition of a business entity to also include a nonprofit association, whether or not it was formed under this State's laws. Provides that if the surviving business entity is not a domestic limited liability company, a domestic business corporation, a domestic nonprofit corporation, or a domestic limited partnership, when the merger takes effect,  the surviving business entity is deemed to have agreed that it may be served with process in this State in any proceeding for enforcement of any obligation of any merging nonprofit association that is formed under the laws of this State. Makes additional technical and clarifying changes.

Amends GS 55A-12-02 by excluding dispositions to a charitable or religious corporation authorized under a plan of dissolution from the requirement to give written notice to the Attorney General before it sells, leases, exchanges, or otherwise disposes of its property if the transaction is not in the usual and regular course of its activities. Makes additional clarifying and technical changes.

Effective October 1, 2021.

Part II.

Enacts new GS 55A-16-22.1 requiring domestic and foreign corporations authorized to conduct affairs in the State to submit annual reports electronically to the Secretary of State that include the six specified items, including its principal office address and telephone number, brief description of the nature of its activities, and specified types of contact information. Requires corporations to also submit annual reports with due date varying based on the type of corporation. Sets out the process for filing late reports and for amending previously filed reports. Sets out actions a corporation may take under which it is deemed to have filed the required annual report.

Amends GS 55A-1-22 by providing that there is no fee for filing the annual report.

Amends GS 55A-14-20 to allow the Secretary of State to commence a proceeding to dissolve administratively a corporation for being delinquent in submitting its annual report. Makes additional technical changes.

Amends GS 55A-14-22 by amending the actions that must be taken before the Secretary of State will cancel a certificate of dissolution and prepare a certificate of reinstatement, to also require the payment of any penalties and payments due. Makes additional clarifying changes. 

Allows the Secretary of State, to waive the fee to be paid by a corporation seeking reinstatement following administrative dissolution for delinquent filing of the annual report, until January 1, 2023.

Applies to annual reports due on or after January 1, 2023.

Part III.

Adds new Article 11B, Domestication, to GS Chapter 55A, providing as follows. 

Allows a foreign nonprofit corporation to become a domestic nonprofit corporation by complying with the Article, so long as domestication is allowed by the laws in the foreign corporation's jurisdiction. Also allows a domestic nonprofit corporation to become a foreign nonprofit corporation by complying with the Article, under a plan of domestication, so long as the domestication is allowed by the laws of the jurisdiction of the foreign corporation. Provides that a charitable or religious corporation may only become a foreign nonprofit corporation in accordance with the statutory requirements for mergers involving charitable or religious corporations, and requires the domesticated corporation to meet the same requirements as the survivor in a merger. Provides that any devise, gift, grant, or promise contained in a will or other instrument made to a domesticating corporation that takes effect or remains payable after the domestication becomes effective, inures to the domesticated corporation unless the will or other instrument provides otherwise.

Allows a domestic nonprofit corporation to become a foreign nonprofit corporation by approving a plan of domestication; sets out items that must be included in the plan. Allows the plan's terms concerning the manner and basis of converting the memberships of the domesticating corporation into memberships, obligations, rights to acquire memberships, cash, or other property, to be made dependent upon facts objectionably ascertainable outside the plan.

Sets out the process under which the plan of domestication is to be adopted when the domestic nonprofit corporation is to be the domesticating corporation. Allows a plan of domestication of a domestic nonprofit corporation to be amended before articles of domestication have taken effect. Sets out the procedures that can be used by a domestic nonprofit corporation in approving an amendment of a plan of domestication. Allows a plan of domestication to be abandoned, as provided for in the plan, after it is approved but before articles of domestication have become effective. Sets out the process for abandonment and requires specified information to be included in the articles of abandonment. 

Sets out what must be included in the articles of domestication, and requires the articles to be signed by the domesticating corporation and filed with the Secretary of State. Sets out provisions governing when the domestication becomes effective. Sets out six provisions that apply once the domestication becomes effective, including that all debts, obligations, and other liabilities of the domesticating corporation remain the responsibility of the domesticated corporation, allows the name of the domesticated corporation to be substituted for the name of the domesticating corporation in any pending proceeding, and the articles of incorporation and bylaws of the domesticated corporation become effective. Sets out provisions governing the interest holder liability of a member in a foreign corporation that is domesticated into this State who had interest holder liability in respect of the domesticating corporation before the domestication becomes effective. Provides that a member who becomes subject to interest holder liability in respect of the domesticated corporation as a result of the domestication has interest holder liability only in respect of interest holder liabilities that arise after the domestication becomes effective. Specifies that a domestication does not constitute or cause the dissolution of the domesticating corporation.

Amends GS 55A-1-22, by setting a $25 fee for filing articles of domestication and a $10 fee for filing articles of abandonment of domestication. 

Amends GS 55A-1-60 to allow a judicial order requiring a meeting of a corporation to be held or that requires a method be used to obtain a vote, to also authorize obtaining votes or approvals necessary for domestication. Makes additional clarifying changes.

Amends GS 55A-8-25 to prohibit a committee of the board from recommending to members or approving domestication.

The above provisions are effective October 1, 2021.

Provides that if a protected agreement of a domestic domesticating nonprofit corporation in effect immediately before the domestication becomes effective contains a provision that applies to a merger of the corporation and the agreement does not refer to domestication, then the provision applies to a domestication as if the domestication were a merger until the provision is first amended after October 1, 2021. Sets forth four items that are considered a protected agreement if in effect immediately before October 1, 2021.

Part IV.

Amends GS 55A-1-50, concerning private foundations, by adding that a private foundation's board of directors consists of one or more natural persons, with the number specified in or fixed in accordance with the articles of incorporation or bylaws.

Amends GS 55A-8-03 to require a board of directors of a nonprofit corporation to have three or more persons (was, one or more); makes conforming and clarifying changes. Amends GS 55A-8-11 to allow a board of directors to have fewer than three members due to vacancies until the vacancies are filled.

Effective October 1, 2021.

Part V.

Amends GS 55A-1-70 to allow a nonprofit corporation to conduct a transaction by electronic means, except as limited by its articles of incorporation or bylaws or its board of directors. Requires agreement from the member, delegate, officer, or director of the corporation before conducting the transaction electronically and requires informing the person of how to revoke the agreement. Makes conforming changes.

Amends GS 55A-7-04, to make conforming changes by allowing a member's consent to action taken without a meeting to be in electronic form and delivered electronically, except as limited by the articles of incorporation or bylaws (was, allowed only to the extent the corporation agreed). Makes clarifying changes.

Amends GS 55A-8-21 to allow action required or permitted by GS Chapter 55A to be taken at a board of directors' meeting to be taken without a meeting if the action is taken by all members of the board, except to the extent that the articles of incorporation or bylaws require that action by the board of directors be taken at a meeting. Also allows a director's consent to action taken without meeting to be in an electronic form and delivered electronically, except as limited by the articles of incorporation or bylaws. 

Effective October 1, 2021.

Part VI.

Amends GS 55A-8-25 by providing that the number required to approve the creation of a committee of the board and the appointment of its members applies unless the articles of incorporation or bylaws provide otherwise. Effective October 1, 2021.

Adds the following to GS 135-48.15, which establishes State policies regarding reporting to the State Health Plan for Teachers and State Employees (SHP), Attorney General, or other appropriate authority any evidence of activity related to the SHP involving any violation of State or federal law, rule, or regulation; fraud; misappropriation of State resources; or gross mismanagement, a gross waste of monies, or gross abuse of authority. Authorizes the State Treasurer to adopt rules to assist in the identification and investigation of the described activities undertaken by a health care provider that provides services to SHP members. Requires the SHP, if it adopts a program to encourage its members to report these activities, to expend State funds in furtherance of the policy objectives and adopt rules to offer an incentive for SHP members of up to 2% of any net recovery made by the SHP resulting from the member report. 

Directs the NC Policy Collaboratory (Collaboratory) at UNC-Chapel Hill to continue to identify faculty, expertise, technology, and instrumentation located within identified constituent institutions, as well as other public or private institutions in the State, and coordinate with the identified faculty, technology, instrumentation, and other resources, as resources permit, to (1) conduct targeted and nontargeted analysis for per- and poly-fluoroalkyl substances (PFAS) through continuation of the NC PFAS Testing Network (Network); (2) conduct specified sampling, testing, and monitoring, toxicology work, and data management, analysis, and dissemination with regard to PFAS; (3) develop and deploy technologies to mitigate PFAS exposure and health impacts from exposure; and (4) evaluate and pursue other research opportunities with respect to PFAS. Directs the Collaboratory to use UNC-Wilmington faculty and staff to assist with project management of the requirements. 

Directs the Collaboratory to continue to report the results of required sampling to the Environmental Review Commission, specified State agencies, the EPA, and the public through the Network's website. 

Appropriates $15 million for 2021-22 from the General Fund to the UNC Board of Governors to be allocated to the Collaboratory to manage and implement the act, with distribution included for three specified purposes. Bars participating institutions from using funds for overhead or other indirect costs. Provides that the funds do not revert. Exempts purchases made with funds under the act from certain State laws governing public contracts and procurement. Requires at least $10 million of the funds to be directed to development within the UNC System of a technology or technologies that use water filtration or other chemical or physical technologies to remove or mitigate the presence of PFAS from water supplies where it is present, for deployment at three separate water supply locations at which analytical data demonstrates that PFAS contamination exists in order to test the efficacy of the technology or technologies. Describes three water supply locations for deployment, with selection by the Collaboratory in consultation with faculty and staff identified pursuant to the act. Requires cooperation and assistance from State and local government entities. 

Directs the Collaboratory to continue to pursue relevant public and private funding opportunities available to address the impacts of PFAS on surface water, groundwater, and air quality.

Directs UNC-Chapel Hill to apportion all gross revenue associated with any intellectual property related to ionic fluorogel water filtration or other technologies developed using research funds provided by the Collaboratory as appropriated by the act, in specified percentages to the General Fund, the inventor of the technology, and UNC-Chapel Hill, with UNC-Chapel Hill's percentage further divided as specified. 

Enacts new GS 153A-460 to allow a county, and GS 160A-499.5 to allow a city, to build facilities or equipment of a broadband service for the purpose of leasing the facilities or equipment to one or more lessees who are not a governmental unit. Allows the use property taxes, grants, or any other unrestricted funds in exercising this authority. Sets out four steps that must be taken before beginning construction, including conducting a feasibility study and adopting a resolution at a regular meeting after at least 10 days of notice.

Amends GS 153A-149 and GS 160A-209 to allow property taxes to be levied to build facilities and equipment of a broadband service. Effective for taxes imposed for taxable years beginning on or after July 1, 2021.

Amends GS 159-81 to allow facilities or equipment of a broadband service for the purpose of leasing the facility or equipment to be a revenue bond project.

Amends GS 160A-272 to require when a city council considers a resolution at a regular meeting to rent or lease property, that the public notice be given by publication in a newspaper having general circulation in the city or by electronic means or both. Allows the council to approve a lease without treating it as a sale of property when it is for the operation and use of any facilities and equipment of a broadband service (was, operation and use of components of wired or wireless network); maintains the cap on the lease at a term of up to 25 years and makes conforming deletions. Sets out requirements for a lease by a city for facilities and equipment of a broadband service pertaining to the solicitation of proposals. Allows proposals to be rejected for any reason in the city's best interest and requires the governing body to publicly disclose the reason for the rejection. Specifies that for the lease of part of a city-owned public enterprise to be operated and used as facilities or equipment of a broadband service, a city is not required to submit the question of whether the lease should be undertaken to its voters. Sets out requirements for determining the term of a proposed lease. Effective July 1, 2021.

Amends GS 160A-340.2 to exclude from Article 16A, Provision of Communications Service by Cities, of GS Chapter 160A, facilities or equipment of a broadband service built by a city for the purpose of leasing the facility or equipment.

Amends GS 143-128.1C, concerning public-private partnership construction contracts, by adding that for this statute, the term public-private project includes a capital improvement project that includes construction of facilities or equipment of a broadband service in conjunction with, or part of, another construction project undertaken by the city or county.

Effective July 1, 2021. 

Contains several whereas clauses. Directs the Department of Environmental Quality (DEQ), Division of Energy, Mineral, and Land Resources, with assistance from the North Carolina Utilities Commission staff, to study the condition, safety, and environmental impact of petroleum product pipelines in the state in order to recommend legislative changes or additional funding to improve pipeline safety. Appropriates $100,000 to DEQ in fiscal year 2021-2022 and $100,000 in fiscal year 2022-2023 be allocated to the Division to fund the study. Authorizes establishing time-limited positions using appropriated funds to support the study. Requires DEQ to report study findings and recommendations to the Joint Legislative Commission on Energy Policy by December 15, 2022. Provisions making appropriations are effective July 1, 2021, and remainder of the bill is effective upon becoming law.

Restricts entities that can advertise that any person or entity will place or accept a child for adoption specified in GS 48-10-101 to a county department of social services or a child-placing entity licensed by the Department of Health and Human Services (previously,  provided for a county department of social services, an adoption facilitator, or an agency licensed by DHHS). 

Amends GS 143-139.1 to require single-family on-frame modular homes (was, single-family modular homes) to meet the specified construction and design standards to qualify for a label or seal of approval under the statute.

Enacts new Part 32A, North Carolina Appliance Efficiency Standards Act, in Article 7 of GS Chapter 143B, providing as follows. Designates the Department of Environmental Quality, State Energy Office (Office), as the lead State agency in matters pertaining to appliance standards and gives the Office the following powers and duties: (1) to periodically inspect distributors or retailers of new appliances in order to determine compliance, allows working with the the Department of Insurance to coordinate inspections for new products that are also covered by the State Building Code and (2) to investigate complaints received concerning violations of this Part and to report the results to the Attorney General, who may institute proceedings to enforce this Part. Sets out four categories of exemptions, but otherwise makes the new Part applicable to the testing, certification, and enforcement of efficiency standards for lamps and for the following types of new lamps or appliances (many of which are defined in Part) that are sold, offered for sale, or installed in the State: (1) commercial hot food holding cabinets, (2) computers and computer monitors,  (3) state-regulated general service lamps, (4) state-regulated incandescent reflector lamps, (5) high CRI (color rendering index) fluorescent lamps, (6) portable electric spas, (7) water coolers, (8) residential ventilating fans, (9) commercial ovens, (10) commercial dishwashers, (11) commercial fryers, (12) commercial steam cookers, and (13) electric vehicle supply equipment. Prohibits the sale or installation of new appliances that are in this list on or after January 1, 2023, unless the energy efficiency of the appliance meets or exceeds the standards in this Part. Prohibits installing a new lamp in the listed items in a building other than a residence on or after January 1, 2024, unless the energy efficiency of the lamp meets or exceeds the standards established by the Office, which is allowed to adopt rules to establish exemptions for certain lamps used for specified purposes.

Prohibits any new commercial dishwasher, commercial fryer, commercial hot food holding cabinet, commercial oven, commercial steam cooker, computer or computer monitor, electric vehicle supply equipment, faucet, high CRI fluorescent lamp, portable electric spa, residential ventilating fan, showerhead, spray sprinkler body, urinal, water closet, or water cooler from being sold or offered for sale, lease, or rent in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in the regulations adopted under this act. Prohibits selling a State-regulated general service or incandescent reflector lamp unless the efficiency of the new product meets or exceeds the efficiency standards provided under this act. Sets out the minimum efficiency standards for each of these items. 

Requires the Office to adopt procedures for testing the energy efficiency of the appliances and lamps covered by this Part if such procedures are not provided for in any other applicable code. Specifies the methods that are to be used by the Office. Requires manufacturers to test samples according to the testing procedures. If products are found to be out of compliance with the efficiency standards, the Office must charge the manufacturer for the cost of product purchase and testing and give the public information on products found not to be in compliance with the standards. 

Requires manufacturers of covered appliances and lamps to certify to the Commissioner that such appliances and lamps are in compliance. Requires the Commissioner to develop regulation for certification and publish a list annually of certified appliances and lamps. Sets out requirements for certification and exempts single voltage external AC to DC power supplies. Requires manufacturers to identify products for sale or for installation in the State as in compliance with a mark, label, or tag. Requires the Office to develop rules governing the from of identification and sets out additional parameters governing the identification. Requires the Office, in consultation with other states, product manufacturers, and other interested parties, to study and evaluate the usefulness and effectiveness of markings for incandescent reflector lamps and general service lamps.

Deems failure to comply with this Part to be an unfair or deceptive act, with violations punishable by a civil penalty. Specifies that each violation constitutes a separate offense, and each day such violation continues constitutes a separate offense.

Makes the above provisions effective January 1, 2023, except that the portions regulating lamps become effective January 1, 2024.

Allows the Office to adopt temporary rules and requires the adoption of permanent rules to implement this act.

Amends GS 143-48, to also make it State policy to encourage and promote the use of veteran contractors (in addition to the already specified entities) and to require the State agencies, and institutions and political subdivisions to cooperate in efforts to encourage the use of veteran contractors. Requires the report from every governmental entity required by statute to use the services of the Department of Administration in the purchase of goods and services, every local school administrative unit, and every private, nonprofit corporation other than an institution of higher education or a hospital that receives an appropriation of $500,000 or more during a fiscal year from the General Assembly, to also include what percentage of its contract purchases of goods and servers were from veteran-owned businesses. Defines the term veteran.

Amends GS 143-135.5 to make it State policy to encourage and promote the use of veteran contractors (in addition to the already named categories of contractors) in State construction projects. Makes conforming changes and defines the term veteran. Adds the requirement that public entities subject to the provisions GS 143-128.2 (minority business participation goals for building projects) report to the Department of Administration on (1) the number of veteran businesses awarded a contract or a portion of a contract for a State building project; (2) a description of the work executed by each veteran business; and (3) details of any outreach efforts made by the Department to identify veteran businesses that can perform State building projects. Requires the data to be reported annually to the specified NCGA committee and division. 

Amends GS 143B-1361 to require State agencies to cooperate in efforts to encourage the use of veteran contractors (in addition to those already named categories of contractors) in providing for the effective and economical acquisition, management, and disposition of information technology.

Appropriates $50,000 for 2021-22 from the General Fund to the Department of Administration to implement the act.

Effective July 1, 2021.

Identical to H 466, filed 3/31/21.

Amends GS 20-79.4(b) as title indicates. Establishes a special plate fee of $10. Makes technical changes. Effective July 1, 2021. 

Directs the Department of Public Instruction (DPI) to establish the Clean Air Grant Program (program) to provide grants to qualifying public school units, defined to mean public school units that are located in a county designated as a development tier one area that has a school with an HVAC unit that was manufactured at least 15 years prior to the date of grant application, to replace aging HVAC systems in schools. States the program's purpose, including reduction of the spread of infectious disease. Provides for qualifying public school units to apply to DPI for one or more grants. Directs DPI to develop criteria and guidelines for grant administration by August 1, 2021, including application deadlines and required application information. Directs DPI to award grants to qualifying public school units by December 31, 2021, based on the minimum criteria specified, which includes restricting use of grant funds to replacement of HVAC systems manufactured at least 15 years from the date of the grant application, and capping grants to $2.8 million per public school unit for any individual school in the unit. Specifies that grant funds are supplemental to other building maintenance funds. 

Directs DPI to survey all public school units by December 31, 2021, to gather the number of HVAC systems manufactured at least 15 and at least 20 years prior to the date of the survey, and their replacement costs. 

Further requires DPI to report to the specified NCGA committee and division by March 15, 2022, on the grant program, with specified content, including its survey results. 

Appropriates $150 million from the General Fund to DPI for 2021-22 to provide the grants pursuant to the program.

Effective July 1, 2021. 

Amends GS 103-4, as the title indicates.

Directs the Department of Health and Human Services (DHHS), Division of Child Development and Early Education (Division), upon resuming environmental rating scale (ERS) assessments, to not require a licensed child care facility to undergo an ERS assessment if conducting the assessment would cause loss of a star rating due to the facility's loss in the educators who enabled the facility to meet the star-rating requirements, and its inability to replace those educators within a reasonable time period with individuals having similar levels of education. Expires six months after the date the Governor signs an executive order rescinding Executive Order No. 116.

Directs the Division to implement the following when resuming ERS assessments: (1) through June 30, 2027, lowering the 75% threshold to 50% for the percentage of lead teachers in the program required to meet the "rated licensed education requirements" criteria to earn quality rating improvement system (QRIS) "education points" towards a licensed facility's star rating (expires June 30, 2027) and (2) recognizing early childhood educators currently enrolled in accredited early childhood education programs working toward an associate degree or a bachelor's or master's degree in early childhood education by awarding one QRIS "education point" for every two staff members enrolled at the time of the assessment to the licensed care facility's cumulative final "education points" earned after all staff members in the program are assessed. 

Amends Part 3 of Article 58 of GS Chapter 58 (Life Insurance – Insurable Interests and Other Rights) to add GS 58-58-96 requiring life insurance companies in the state to allow an owner of a life insurance policy to change the beneficiary of the owner’s policy if the beneficiary was selected under false pretenses or fraudulent circumstances. Effective upon becoming law and applies to policies issued on or after that date.

Adds new Part 31, North Carolina Black Women and Girls Task Force, in Article 9 of GS Chapter 143B, which provides as follows. Establishes the 13 member North Carolina Black Women and Girls Task Force (Task Force) within the Department of Administration (for budgetary purposes only). Sets out Task Force membership requirements and sets terms at 2 years, allowing successive terms. Provides for the selection of cochairs, filling of vacancies, removal of members, meetings, and staffing. Makes the Task Force an advisory committee to study disaggregated findings concerning the well-being of cisgender and transgender black women and girls in the State. Requires the Task Force to examine five specified issues, including topics related to health and wealth disparities, educational justice principals, violence, impacts of the criminal and juvenile justice system, and the effects of political advocacy and engagement, employment, and healthcare. Requires the Task Force to report to the specified NCGA committees prior to the convening of the 2023 General Assembly and biennially thereafter. Specifies the required content of the report. Sunsets the new Part on September 30, 2030.

Requires appointments to the Task Force to be made by October 1, 2021, and for members terms to commence at that point.

Appropriates $500,000 in recurring funds in each of the 2021-22 and 2022-23 fiscal years from the General Fund to the Department of Administration to be allocated for operation of the Task Force.

Effective July 1, 2021.

Includes whereas clauses. Requires the State Board of Community Colleges, within funds appropriated under the act, to establish a grant program for community college campuses to offer courses to students to become tax preparers as part of the Volunteer Income Tax Assistance (VITA) program and to facilitate providing VITA services to students and community members. Sets out VITA's work. States that the goal of the grant program is for community colleges to provide work-based opportunities to students while facilitating access to the VITA program in local communities. 

Requires participating community colleges to: (1) offer a specified fall curriculum course and a spring work-based learning course to students interested in becoming certified as tax preparers for the VITA program, (2) designate a faculty champion to facilitate the program, and (3) provide VITA services to be offered to all students on campus and community members. Sets out information that a community college must include in its grant application.

Appropriates the following from the General Fund to the Community Colleges System Office: (1) $755,100 in nonrecurring funds and $570,100 in recurring funds for 2021-2022 and (2) $549,000 in nonrecurring funds for 2022-2023 to implement the grant program. Specifies how the funds are to be used and in what amount, including specified faculty bonuses and to hire personnel.

Appropriates $50,000 in nonrecurring funds and $100,000 in recurring funds for 2021-22 from the General Fund to the Department of Revenue for community college personnel and student training and technical assistance associated with the grant program; allows the funds to be used to contract with a third-party vendor.

Effective July 1, 2021.

 

Identical to H 495, filed 4/5/21.

Includes whereas clauses. Sets out the following requirements for revising districts and the apportionment among those districts of members of the NCGA House and Senate and US House of Representatives, following the return of the 2020 federal decennial census.

Give priority to baseline criteria over all other redistricting criteria. Provides that baseline criteria refers to the following, set out in order of priority. (1) Equal population, requiring each member of each body to represent, as nearly as may be, an equal number of inhabitants, with the ideal population being the State's population divided by the number of members in a plan for the NCGA House, Senate, or US House. (2) Population deviation, which for Congress, population from ideal is zero or one person, unless a higher deviation is needed for a compelling State interest associated with the baseline, and for NCGA House or Senate, population deviation cannot exceed 10% while population deviation from ideal must not exceed 5% (defines both total population deviation and population deviation from ideal in the act). (3) Contiguity, which requires all districts to be contiguous, specifying that to the extent practicable, areas within a district should be easily accessible to one another without requiring travel through another district. (4) County groupings, which requires legislative districts to be drawn within county groups; prohibits crossing county lines within county groupings, except as authorized in the referenced court decisions. (5) Political boundaries, requiring all districts to minimize the number of split precincts and municipalities. (6) Communities of interest, requiring minimizing the number of split communities of interest, defined as geographically contiguous areas of cohesive populations of people that share common social, cultural, and economic interests that should be included within a single district for purposes of their effective, fair, and equitable representation. (7) Compactness, requiring reasonable efforts to ensure that all districts are compact; sets out measures that are to be used in assessing compactness.

Sets out the following additional criteria. Prohibits making an effort to create a district favorable or unfavorable to any candidate. Prohibits making an effort to maintain or establish an electoral advantage for any party in any plan; prohibits advantaging a political party beyond the most common seat distribution for that plan, except by no more than one district for a congressional plan, no more than two districts for the NCGA Senate, and no more than three districts for the NCGA House. Allows election results data from 2016 and after for Council of State, President, and US Senate to be used only as part of an ensemble analysis of an entire plan, prohibiting using the data to provide any party a disproportionate number of seats in a plan and prohibits using a composite index of election results. Requires a the third-party consultant to produce 10 rank-ordered marginal histograms that show typical vote fractions of all districts in each plan from the district that favors each political party the most to the district that favors each political party the least. Requires the plans to be evaluated based on elections from each general election in at least the previous 10 years for Council of State, President, and US Senate, with different statewide vote counts. Requires a third-party consultant to analyze all districting plans for their probable partisan effects prior to their adoption by any NCGA committee or enactment by the NCGA; sets out analyses and evidence that must be produced by the consultant. Sets out the metrics that must be used in performing the required analysis. Makes the related information no longer confidential and now a public record when a member, committee, officer, or employee of the NCGA hires or consults with any person or entity not employed by the NCGA on the realignment of districts for any plan; requires publishing, within 24 hours, the name of the entity and all communications with that entity. Requires that if any NCGA member, committee, officer, or employee receives a plan to realign districts from any person or entity that is not a member of or employed by the NCGA, within 24 hours, the plan and the name of the person or entity that provided the plan must be published. Specifies that any attorney-client privilege, confidentiality, or other privilege that exists between any member, committee, officer, or employee of the NCGA and any person or entity, including any attorney, regarding the realignment of districts pursuant to this act, dissolves when act establishing the relevant district plan becomes law.

Reenacts GS 105-164.21 and makes the following changes. Increases the "merchant's discount" set forth in GS 105-164.21, now allowing a retailer who pays the retail sales and use tax imposed by Article 5 to deduct from the amount of the tax paid a discount of 3%, not to exceed $5,000 (was 1%, not to exceed $500).

Amends the following statutes to exclude the merchant's discount from the taxes specified. 

Amends GS 105-474 to exclude the merchant's discount from the scope of Article 39, which provides for a one cent local government sales and use tax subject to the application of Article 5 provisions. 

Amends GS 105-187.5 to exclude the merchant's discount from the scope of the statute, which permits a retailer to elect to pay a tax on the gross receipts of the limited possession commitment of a motor vehicle in lieu of the highway use tax imposed under Article 5A. 

Amends GS 105-187.17 to exclude the merchant's discount from the scope of Article 5B, which governs the scrap tire disposal tax. 

Amends GS 105-187.22 to exclude the merchant's discount from the scope of Article 5C, which governs the white goods (large appliances) disposal tax. 

Amends GS 105-187.32 to exclude the merchant's discount from the scope of Article 5D, which governs the dry-cleaning solvent tax. 

Amends GS 105-187.52 to exclude the merchant's discount from the scope of Article 5F, which governs taxes on certain machinery and equipment, since repealed effective July 1, 2018.

Applies to returns filed on or after July 1, 2021. 

Directs the Legislative Research Commission (LRC) to study Lipedema and its impact on women in North Carolina. Topics to be studied include symptoms, number of cases, number of misdiagnoses, causes, cures, availability of effective therapies in the state, disproportionate impact of Lipedema on certain groups of women, and other relevant topics. Directs the LRC to report findings and any proposed legislation to the General Assembly upon the convening of its 2022 regular session.

Reenacts Article 3E, Low-Income Housing Tax Credits, of GS Chapter 105, as it existed immediately before its repeal (effective January 1, 2025), and revises the Article as follows. Does not reenact GS 105-129.41, which provided credit for low-income housing awarded federal credit allocation prior to January 1, 2003. Makes conforming changes. Retitles GS 105-129.42 Credit for low-income housing awarded a federal credit allocation (no longer specifying the award on or after January 1, 2003). Extends the sunset of the Article, now effective January 1, 2025, applicable to developments to which federal credits are allocated on or after January 1, 2025. Effective for taxable years beginning on or after January 1, 2021. 

Appropriates $4.5 million for each year of the 2021-23 biennium from the General Fund to Community Foundation of Greater Greensboro, Inc., for the Eastern Triad Workforce Solutions Collaborative to be used for a pilot apprenticeship program in targeted industries throughout the Eastern Triad region. Effective July 1, 2021.

Amends Part 2 of Article 4 of Subchapter I of Chapter 105 of the General Statutes (Individual Income Tax) to add GS 105-153.11 creating a $3,000 income tax credit for purchasers of a new plug-in electric vehicle. Effective for tax years beginning on or after January 1, 2022.

Includes whereas clauses. Creates the 19-member Task Force to Study Adverse Childhood Experiences (Task Force). Provides for Task Force membership, made of of eight various deputies, directors, and deputy secretaries of the Department of Health and Human Services (DHHS) and the Department of Public Safety (DPS), as well as two pediatricians appointed by the NC Pediatric Society, two child psychologists appointed by the NC Psychology Association, two county social services directors appointed by the Governor, two county commissioners appointed legislatively appointed by the President Pro Tempore and the Speaker of the House, and three members of local boards of education appointed, with one each appointed by the Governor, the President Pro Tempore, and the Speaker. Provides for the Governor to appoint the chair of the Task Force. Provides for Task Force meetings and quorum, vacancies, and member expenses. Provides that the Task Force is housed within DHHS, which is charged with providing meeting space and necessary staff. Directs the Task Force to study the extent, nature, and impact of adverse childhood experiences with particular regard to NC and to make recommendations to address the impacts through State and local government with a particular focus on diversion from the criminal justice system. Requires a report to the specified NCGA committees by December 31, 2022. Terminates the Task Force upon filing its report or December 31, 2022, whichever is later.

Enacts new GS 95-25.4A requiring employers, during a workday that is six or more hours, to offer each employee at least one voluntary paid break of at least 20 minutes, to be scheduled during the middle of the day. Prohibits using the break to delay the beginning or shorten the duration of the work period without the employer's approval.

Amends GS 95-25.23 to make violations of new GS 95-25.4A punishable by a civil penalty not to exceed $100 for the first violation and not to exceed $500 for subsequent violations. Requires consideration of business size and gravity of the violation when setting the penalty amount. Makes the determination final, unless within 15 days after receiving notification, the person charged with the violation takes exception to the violation, to be delivered in one of the specified ways; in such instances, the final determination of the penalty is required to be made in an administrative proceeding under Article 3 (Administrative Hearings) of GS Chapter 150B (the Administrative Procedure Act) and in a judicial proceeding under to Article 4 (Judicial Review) of GS Chapter 150B.

Amends GS 95-241 to prohibit a person from discriminating or taking any retaliatory action against an employee because the employee in good faith does or threatens to file a claim or complaint, initiate any inquiry, investigation, inspection, proceeding or other action, or testify or provide information to any person with respect to new GS 95-25.4A.