HB 873 — System Development Fee/ADU Sewer Permit.
Last action — Signed by Gov. 6/30/2020
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced April 16, 2019. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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3 sponsors
2 primary, 1 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
136 added · 135 removedPlain-language change summary
The most significant change in HB 873 is the clarification regarding the definition of "existing development." The updated bill specifies that existing development refers to land and structures in place starting from the beginning of the written fee analysis, rather than including any developments occurring within the previous year. This distinction is important because it sets a clear timeframe for what qualifies as existing development and may affect how system development fees are calculated and applied, potentially impacting local governments and developers alike.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 21 HOUSE BILL 873 Committee Substitute Favorable 4/29/19 Short Title:
Representatives Arp, Boles, and McNeill (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
State and Local Government, if favorable, Rules, Calendar, and Operations of the House April 22, 2019 A BILL TO BE ENTITLED AN ACT TO CLARIFY THE TIMING OF COLLECTION OF SYSTEM DEVELOPMENT FEES FOR EACH CATEGORY OF NEW DEVELOPMENT.
162A-201(6)a., the system development fee shall be collected by a local governmental unit shall specify in the resolution or ordinance adopting the system development fee at the later of either of the following:following:which of the following events the system development fee shall be collected:
or c., the local governmental unit shall collect specify in the resolution or ordinance establishing the system development fee at which of the following events the system development fee at the earlier of either of the following:following:shall be collected:
(d) AmountDefault. of Fee.
– WhenIf imposingthe andresolution collectingor anyordinance establishing the system development fee,fee is silent as to the amounttime of collection, the system development fee toshall be imposedcollected isat the systemtime developmentwater fee,or assewer adoptedservice is committed by the local governmental unit,unit. in effect on the date the system development fee is paid.
*H873-v-1* General Assembly Of North Carolina Session 2019 (e) Exception.Amount of Fee.
– AWhen imposing and collecting any system development feefee, shallthe notamount beof chargedthe orsystem assesseddevelopment onfee newto constructionbe imposed is the system development fee, as definedadopted by G.S.the local governmental unit, in effect on the date the new development action occurs." SECTION 2.
163A-201(6)b.
or c.
if both the following apply:
(1) The water or sewer lines were installed to the individual unit of development prior to October 1, 2017, or tap fees were paid for the individual unit of development prior to October 1, 2017.
(2) The local governmental unit did not impose a fee for capacity prior to October 1, 2017, or the facility was operated under Article 15 of Chapter 153A of the *H873-v-2* General Assembly Of North Carolina Session 2019 General Statutes or Article 16 of Chapter 160A of the General Statutes as of October 1, 2017." SECTION 2.
Reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure on developed property which increasesrequires thean numberexpansion of servicecapacity. units.
Page 2 House Bill 873-First Edition General Assembly Of North Carolina Session 2019 e.
Reimbursement to the local governmental unit for its expenses in constructing or providing for water or sewer utility capital Page 2 House Bill 873-Second Edition General Assembly Of North Carolina Session 2019 improvements adjacent or ancillaryto the development if the owner or developer has agreed to be financially responsible for such expenses;
Notice of the public hearing shall be published not less than 10 days nor more than 25 days before the date fixed for the public hearing in a newspaper having general circulation in the area and may be published on the Web site of the local government." House Bill 873-First Edition Page 3 General Assembly Of North Carolina Session 2019 SECTION 6.
This act becomes effective July 1, 2019.2019, and applies to fees imposed on or after that date.
Page 4 House Bill 873-Second873-First Edition Page 3
Action History
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Signed by Gov. 6/30/2020
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Ch. SL 2020-61
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Ratified
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Pres. To Gov. 6/24/2020
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Concurred In S Com Sub
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Ordered Enrolled
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Passed 2nd Reading
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Passed 3rd Reading
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Special Message Sent To House
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Special Message Received For Concurrence in S Com Sub
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Cal Pursuant 36(b)
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Placed On Cal For 06/23/2020
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Reptd Fav
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Reptd Fav Com Substitute
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Com Substitute Adopted
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Re-ref Com On Rules and Operations of the Senate
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Reptd Fav Com Substitute
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Com Substitute Adopted
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Re-ref Com On Finance
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Withdrawn From Com
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Re-ref to Agriculture/Environment/Natural Resources. If fav, re-ref to Finance. If fav, re-ref to Rules and Operations of the Senate
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Regular Message Received From House
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Passed 1st Reading
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Ref To Com On Rules and Operations of the Senate
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Regular Message Sent To Senate
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Passed 2nd Reading
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Passed 3rd Reading
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Reptd Fav Com Sub 2
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Cal Pursuant Rule 36(b)
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Placed On Cal For 05/02/2019
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Reptd Fav Com Substitute
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Re-ref Com On Rules, Calendar, and Operations of the House
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Passed 1st Reading
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Ref to the Com on State and Local Government, if favorable, Rules, Calendar, and Operations of the House
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Filed
Sponsors
- Dean Arp · Primary
- Boles · Primary
- McNeill · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 1 co-sponsors · 176 not signed on
Sponsors (2)
- Dean Arp Republican
- Boles
Co-sponsors (1)
- McNeill
Not signed on (176)
176 members have not signed on to this bill.
Show all 176 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 22 | 0 | 0 | 3 |
| Republican | 34 | 0 | 0 | 1 |
| Unaffiliated | 56 | 0 | 0 | 2 |
| U | 2 | 0 | 0 | 0 |
| Total | 114 | 0 | 0 | 6 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (120)
| Member | Party | Vote |
|---|---|---|
| Autry | — | Yea |
| Beasley | — | Yea |
| Brewer | — | Yea |
| Clemmons | — | Yea |
| Floyd | — | Yea |
| Gailliard | — | Yea |
| Garrison | — | Yea |
| Gill | — | Yea |
| Graham | — | Yea |
| Harris | — | Yea |
| Holley | — | Yea |
| Hunt | — | Yea |
| Hunter | — | Yea |
| Insko | — | Yea |
| Jackson | — | Yea |
| Lucas | — | Yea |
| Martin | — | Yea |
| Montgomery | — | Yea |
| Queen | — | Yea |
| Richardson | — | Yea |
| Russell | — | Yea |
| Terry | — | Yea |
| vonHaefen | — | Yea |
| Wray | — | Yea |
| Boles | — | Yea |
| Bumgardner | — | Yea |
| Carter | — | Yea |
| Cleveland | — | Yea |
| Conrad | — | Yea |
| Davis | — | Yea |
| Dobson | — | Yea |
| Elmore | — | Yea |
| Faircloth | — | Yea |
| Fraley | — | Yea |
| Grange | — | Yea |
| Hardister | — | Yea |
| Horn | — | Yea |
| Hurley | — | Yea |
| P. Jones | — | Yea |
| Lewis | — | Yea |
| McElraft | — | Yea |
| McGrady | — | Yea |
| McNeill | — | Yea |
| Moore | — | Yea |
| Presnell | — | Yea |
| Rogers | — | Yea |
| Saine | — | Yea |
| Sasser | — | Yea |
| Speciale | — | Yea |
| Szoka | — | Yea |
| Yarborough | — | Yea |
| Zachary | — | Yea |
| Farmer-Butterfield | — | Not Voting |
| Fisher | — | Not Voting |
| C. Smith | — | Yea |
| K. Baker | — | Yea |
| K. Smith | — | Yea |
| R. Smith | — | Yea |
| Allison A. Dahle | Democratic | Yea |
| Amos L. Quick, III | Democratic | Not Voting |
| Becky Carney | Democratic | Yea |
| Brandon Lofton | Democratic | Yea |
| Brian Turner | Democratic | Yea |
| Carolyn G. Logan | Democratic | Yea |
| Cecil Brockman | Democratic | Yea |
| Cynthia Ball | Democratic | Yea |
| Dante Pittman | Democratic | Yea |
| Deb Butler | Democratic | Yea |
| Eric Ager | Democratic | Yea |
| Gale Adcock | Democratic | Yea |
| Garland E. Pierce | Democratic | Yea |
| Graig Meyer | Democratic | Yea |
| Joe John | Democratic | Yea |
| Marcia Morey | Democratic | Yea |
| Mary Belk | Democratic | Yea |
| Pricey Harrison | Democratic | Not Voting |
| Robert T. Reives, II | Democratic | Not Voting |
| Shelly Willingham | Democratic | Yea |
| Sydney Batch | Democratic | Yea |
| Terence Everitt | Democratic | Yea |
| Tracy Clark | Democratic | Yea |
| Vernetta Alston | Democratic | Yea |
| Zack Hawkins | Democratic | Yea |
| Bobby Hanig | Republican | Yea |
| Brenden H. Jones | Republican | Yea |
| Chris Humphrey | Republican | Yea |
| Dean Arp | Republican | Yea |
| Dennis Riddell | Republican | Yea |
| Destin Hall | Republican | Yea |
| Donna McDowell White | Republican | Yea |
| Donny Lambeth | Republican | Yea |
| Edward C. Goodwin | Republican | Yea |
| Frank Iler | Republican | Yea |
| Harry Warren | Republican | Yea |
| Hugh Blackwell | Republican | Yea |
| Jake Johnson | Republican | Yea |
| Jay Adams | Republican | Yea |
| Jeffrey C. McNeely | Republican | Yea |
| Jimmy Dixon | Republican | Yea |
| John A. Torbett | Republican | Yea |
| John R. Bell, IV | Republican | Yea |
| John Sauls | Republican | Yea |
| Julia C. Howard | Republican | Yea |
| Keith Kidwell | Republican | Yea |
| Kelly E. Hastings | Republican | Yea |
| Kevin Corbin | Republican | Yea |
| Kyle Hall | Republican | Yea |
| Larry C. Strickland | Republican | Yea |
| Larry W. Potts | Republican | Yea |
| Lisa S. Barnes | Republican | Yea |
| Mark Brody | Republican | Yea |
| Mitchell S. Setzer | Republican | Not Voting |
| Phil Shepard | Republican | Yea |
| Sarah Stevens | Republican | Yea |
| Stephen M. Ross | Republican | Yea |
| Steve Jarvis | Republican | Yea |
| W. Ted Alexander | Republican | Yea |
| William D. Brisson | Republican | Yea |
| Carla D. Cunningham | U | Yea |
| Nasif Majeed | U | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 9 | 0 | 0 | 0 |
| Unaffiliated | 26 | 0 | 0 | 2 |
| Republican | 13 | 0 | 0 | 0 |
| Total | 48 | 0 | 0 | 2 |
| % of votes cast | 96% | 0% | 0% | 4% |
How each member voted (50)
| Member | Party | Vote |
|---|---|---|
| deViere | — | Yea |
| Fitch | — | Yea |
| Foushee | — | Yea |
| Marcus | — | Yea |
| Peterson | — | Yea |
| Searcy | — | Yea |
| Smith | — | Yea |
| VanDuyn | — | Yea |
| Woodard | — | Yea |
| Ballard | — | Yea |
| Brown | — | Yea |
| Bryan | — | Yea |
| J. Davis | — | Yea |
| Edwards | — | Yea |
| Gunn | — | Yea |
| Harrington | — | Yea |
| Horner | — | Yea |
| Johnson | — | Yea |
| Krawiec | — | Yea |
| Newton | — | Yea |
| Perry | — | Yea |
| Steinburg | — | Yea |
| Tillman | — | Yea |
| Wells | — | Yea |
| Nickel | — | Not Voting |
| Gallimore | — | Not Voting |
| D. Davis | — | Yea |
| J. Jackson | — | Yea |
| Dan Blue | Democratic | Yea |
| Gladys A. Robinson | Democratic | Yea |
| Jay J. Chaudhuri | Democratic | Yea |
| Joyce Waddell | Democratic | Yea |
| Michael Garrett | Democratic | Yea |
| Mujtaba A. Mohammed | Democratic | Yea |
| Natalie S. Murdock | Democratic | Yea |
| Paul A. Lowe, Jr. | Democratic | Yea |
| Tracy Clark | Democratic | Yea |
| Bill Rabon | Republican | Yea |
| Brent Jackson | Republican | Yea |
| Carl Ford | Republican | Yea |
| Danny Earl Britt, Jr. | Republican | Yea |
| Jim Burgin | Republican | Yea |
| Norman W. Sanderson | Republican | Yea |
| Phil Berger | Republican | Yea |
| Ralph Hise | Republican | Yea |
| Tom McInnis | Republican | Yea |
| Vickie Sawyer | Republican | Yea |
| W. Ted Alexander | Republican | Yea |
| W. Ted Alexander | Republican | Yea |
| Warren Daniel | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors HB 873?
- HB 873 is sponsored by Dean Arp (Republican), Boles, and McNeill.
- What is the current status of HB 873?
- This bill has been enacted into law. Introduced April 16, 2019. Enacted.
- Where can I track HB 873?
- Track HB 873 free on One Click Politics — get push/email alerts when it moves.
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