Senate amendment makes the following changes to the 4th edition. Changes the effective date of the provision governing vacancies on the City Council of Hendersonville so that it applies to any vacancy filled on or after December 1, 2023 (was, October 25, 2023), but before the Council’s organizational meeting following the municipal election for the City of Hendersonville in 2026.

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

Adds the following new content and amends the act’s titles.

Section 2

Removes the described property from Asheville’s corporate limits. Provides that the act has no effect upon the validity of any liens of the City of Asheville for ad valorem taxes or special assessments outstanding before the effective date of this section. Allows those liens to be collected or foreclosed upon after the effective date of this section as though the property were still within Asheville’s corporate limits.

Effective June 30, 2024. Specifies that the property in the territory described as of January 1, 2024, is no longer subject to municipal taxes for taxes imposed for taxable years beginning on or after July 1, 2024.

Section 3

Allows Beaufort to lease the Town’s real property that is under its control, along with all littoral and riparian rights, in the area south of Front Street to Taylor Creed, upon terms and conditions determined by the Town’s Board of Commissioners (Board), for longer than 10 years as long as it follows the requirements in GS 160A-272 for lease of 10 years or less if the Board determines that the property will not be needed by the Town for the term of the lease. Also allow Beaufort to renew or extend such a lease for longer than 10 years if it follows requirements in GS 160A-272 for lease of 10 years or less if the Board determines that the property will not be needed by the Town for the term of the lease.

Specifies that Section 2 of SL 1981-1199, which required the adoption of a resolution before Beaufort could dispose of or lease the real property donated, given or devised to it under that act, does not apply to the real property described above.

Repeals SL 1979-371, which allowed the public docks, piers and wharf area owned by Beaufort and within the Town’s Urban Renewal Area located on the south side of Front Street between Turner and Queen Streets in the Town of Beaufort to be leased or rented upon terms and conditions set by the Board including leases for longer than 10 years if the Board determines that the area will not be needed by the Town for the term of the lease.

Repeals SL 1983-100, which allowed Beaufort to dispose of, or lease for periods longer than 10 years, any or all of the real property owned by the Town within the one-block area more particularly described as bounded on the North by Ann Street, on the West by Queen Street, on the East by Pollock Street, and on the South by Taylor's Creek, upon terms and conditions determined by the Board without complying with Article 12 of GS Chapter 160A.

Section 4

Removes the described property from the corporate limits of Boiling Spring Lakes. Provides that the act has no effect upon the validity of any liens of the City for ad valorem taxes or special assessments outstanding before the effective date of this section. Allows those liens to be collected or foreclosed upon after the effective date of this section as though the property were still within the corporate limits of Boiling Spring Lakes. Specifies that the described property is not subject to any municipality’s extraterritorial powers.

Effective June 30, 2024. Specifies that the property in the territory described as of January 1, 2024, is no longer subject to municipal taxes for taxes imposed for taxable years beginning on or after July 1, 2024.

Section 5

Adds the described property to Edenton’s corporate limits. Effective June 30, 2024. Specifies that the property in the territory described as of January 1, 2024, is subject to municipal taxes for taxes imposed for taxable years beginning on or after July 1, 2024.

Section 6

Requires vacancies in the office of Mayor of Hendersonville to be filled by majority vote of the Hendersonville City Council (Council) from the membership of the Council; requires the successor to serve the remainder of the unexpired term. Requires vaccines on the Council to be filled by a majority vote of the Mayor and remaining members of the Council; requires the successor to serve the remainder of the unexpired term.

Applies to any vacancy occurring on or after the date that this section becomes law and before the Council’s organizational meeting following the municipal election for Hendersonville in 2026.

Section 7

Amends GS 160A-58.1(b)(5) by adding Laurel Park to those that are exempt from the cap on satellite annexations.

Section 8

Removes the described property from Newport’s corporate limits. Provides that the act has no effect upon the validity of any liens of the Town of Newport for ad valorem taxes or special assessments outstanding before the effective date of this section. Allows those liens to be collected or foreclosed upon after the effective date of this section as though the property were still within Newport’s corporate limits.

Effective June 30, 2024. Specifies that the property in the territory described as of January 1, 2024, is no longer subject to municipal taxes for taxes imposed for taxable years beginning on or after July 1, 2024.

Section 9

Recodifies Section 3.2 of the Northwest City Charter (SL 1993-222), as Section 4.2 of the Charter and makes the following changes. Divides the City into four residency districts for the purpose of conducting elections, with districts 1, 2, and 4 single-member districts and district 3 a two-member district. Requires a candidate for election to the City Council to reside in the district for which they are seeking election.

Amends Section 3.3 of the Charter by removing outdated language and specifying that City Council members are elected to staggered terms.

Specifies that this does not affect the terms of any person selected to the Council in 2021 or 2023 who will continue to hold at-large positions until the end of their terms or when a vacancy occurs.

Requires that members be elected from districts 1, 2, and 4 starting in 2025 and that two members be elected from district 3 starting in 2027.

Section 10

Prohibits Southport from exercising its powers under GS Chapter 160D, or its predecessor, beyond its contiguous corporate limits. Effective July 1, 2024, relinquishes the city's jurisdiction over an area it is regulating under GS 160D-202 (extraterritorial jurisdiction). Once jurisdiction is relinquished, specifies that the city's regulations and powers of enforcement remain in effect until (1) Brunswick County has adopted the regulation or (2) 60 days have passed, whichever is sooner. Allows for Brunswick County to take measures consistent with GS 160D-204 (pending jurisdiction) that may be required to adopt and apply its development regulations for the area at the time it assumes jurisdiction. Specifies that any person who has vested rights in the City of Southport may exercise those rights as if no change of jurisdiction has occurred. Allows Brunswick County to take action pertaining to development that could have been taken by the City of Southport. Specifies that otherwise, any other land use in Brunswick County where the County has acquired jurisdiction is subject to the county's development regulations. 

Section 11

Amends Section 2 of SL 2022-34 to change the manner in which appointments are made to the Washington-Warren Airport Authority (Authority) and the composition of its members, as follows. Requires that members' oath of office be filed with the clerk to the board of the Beaufort County Commissioners (Commissioners) in addition to the clerk of the board of the Washington City Council (Council). No longer makes the Council the sole appointing authority and makes conforming changes to the filling of vacancies. Removes the member whose only qualification was that they be a registered voter of Beaufort County and not a registered voter of Wilmington. The Authority will now be comprised of the following seven members:

• One member appointed by the Council who is a registered voter of Washington with experience in aviation or drones, or business management.
• One member appointed by the Commissioners who is a registered voter of Beaufort County and Washington with business management or financial expertise.
• Two members appointed by the Commissioners who are registered voters of the County of Beaufort and not Washington with experience aviation or drones.
• Three members who are registered voters of the County of Beaufort selected and appointed by the remaining members of the Authority.

Repeals Section 16 of SL 2022-34 (establishing the initial and continuing appointment authority of the Council).

Directs that the terms of current members of the Authority will expire October 1, 2024. Upon the expiration of those terms, directs that appointments will be made to the Authority as provided above. After establishing the staggered terms, all terms of office will be for three years as provided in Section 2 of SL 2022-34, as enacted by the act. Sets out the staggered terms. Sets out the process for filling vacancies if they are not filled by the required date and the number of vacancies prevents a quorum from being established.

Section 12

Amends GS 40A-3(b1) by adding Currituck County to those that may exercise eminent domain for the following purposes: (1) opening, widening, extending, or improving roads, streets, alleys, and sidewalks; (2) establishing, extending, enlarging, or improving any of the public enterprises listed in GS 153A‑274; (3) establishing, enlarging, or improving parks, playgrounds, and other recreational facilities; (4) establishing, extending, enlarging, or improving storm sewer and drainage systems and works, or sewer and septic tank lines and systems; (5) establishing, enlarging, or improving hospital facilities, cemeteries, or library facilities; (6) constructing, enlarging, or improving city halls, fire stations, office buildings, courthouse jails and other buildings for use by any department, board, commission, or agency; (7) establishing drainage programs and programs to prevent obstructions to the natural flow of streams, creeks, and natural water channels or improving drainage facilities; (8) acquiring designated historic properties, designated as such before October 1, 1989, or acquiring a designated landmark designated as such on or after October 1, 1989, for which an application has been made for a certificate of appropriateness for demolition, in pursuance of the specified purposes; (9) opening, widening, extending, or improving public wharves; (10) engaging in or participating with other governmental entities in acquiring, constructing, reconstructing, extending, or otherwise building or improving beach erosion control or flood and hurricane protection works, including, but not limited to, the acquisition of any property that may be required as a source for beach renourishment; and (11) establishing access for the public to public trust beaches and appurtenant parking areas. Amends GS 40A-42 by making conforming changes.