Bill Summary for S 438 (2023-2024)

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Summary date: 

May 2 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 438 (Public) Filed Thursday, March 30, 2023
AN ACT TO ESTABLISH PROCUREMENT PROCEDURES FOR CONSTRUCTION PROJECTS FUNDED BY THE COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY PROGRAM, TO PROTECT HOMEOWNERS FROM AN INCREASE IN PROPERTY TAX LIABILITY RESULTING FROM THE REVALUATION OF REAL PROPERTY REHABILITATED USING COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY FUNDS OR HURRICANE FLORENCE DISASTER RECOVERY FUNDS BY LIMITING THE ABILITY OF ASSESSORS TO REAPPRAISE REAL PROPERTY AT HIGHER VALUES UNDER CERTAIN CIRCUMSTANCES, TO INCREASE THE INFORMAL BID THRESHOLD FOR CONTRACTS FOR CONSTRUCTION OR REPAIR WORK RELATED TO DISASTER RECOVERY UNDERTAKEN BY THE NORTH CAROLINA OFFICE OF RECOVERY AND RESILIENCY, AND TO MAKE OTHER PROGRAMMATIC CHANGES.
Intro. by Jackson, Perry, Britt.

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Bill summary

Senate amendment to the 2nd edition makes the following changes.  

Section 2

Amends new GS 143B-1042 by amending the requirements for contracts awarded or assigned by the Office of Recovery and Resiliency (Office) that are related to detached single-family dwellings and are funded with funds from the Community Development Block Grant Disaster Recovery program, to now provide that notwithstanding any contrary law, the Office must contract for a comparable sized dwelling, not to exceed a 15% difference from the pre-disaster dwelling size, except as is reasonably necessary due to lot setback requirements, building or safety code requirements, or local use or standard requirements of the property. Requires applications to be given the chance to further reduce the replacement square footage at their sole discretion and behest.

Replaces the proposed change to GS 143-53.1 with the provision limiting the bid value benchmark, notwithstanding any other provision of law, to no greater than $250,000 for Community Development Block Grant Disaster Recovery funds available to the Office.

Amends GS 143-131 by adding that the Office must, notwithstanding GS 143-129 and GS 143-131, use GS 143-135.9 and award construction contracts as best value procurements.