North Carolina 2019-2020 Session Status: Enacted 1 R cosponsors

HB 873 — System Development Fee/ADU Sewer Permit.

Last action — Signed by Gov. 6/30/2020

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced April 16, 2019. Enacted.

Prognosis

Likely to advance 76% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    2 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • 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 removed

Plain-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.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 2 HOUSE BILL 873 Committee Substitute Favorable 4/29/19 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 1 HOUSE BILL 873 Short Title:
Representatives Arp, Boles, and McNeill (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
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.
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 at the later of either of the following:
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:which of the following events the system development fee shall be collected:
or c., the local governmental unit shall collect the system development fee at the earlier of either of the following:
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:shall be collected:
(d) Amount of Fee.
(d) Default.
– When imposing and collecting any system development fee, the amount of the system development fee to be imposed is the system development fee, as adopted by the local governmental unit, in effect on the date the system development fee is paid.
– If the resolution or ordinance establishing the system development fee is silent as to the time of collection, the system development fee shall be collected at the time water or sewer service is committed by the local governmental unit.
(e) Exception.
*H873-v-1* General Assembly Of North Carolina Session 2019 (e) Amount of Fee.
– A system development fee shall not be charged or assessed on new construction development as defined by G.S.
– When imposing and collecting any system development fee, the amount of the system development fee to be imposed is the system development fee, as adopted by 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 increases the number of service units.
Reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure on developed property which requires an expansion of capacity.
e.
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;
Reimbursement to the local governmental unit for its expenses in constructing or providing for water or sewer utility capital 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." SECTION 6.
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.
This act becomes effective July 1, 2019, and applies to fees imposed on or after that date.
House Bill 873-Second Edition Page 3
Page 4 House Bill 873-First Edition
View plain text versions (8)

Action History

  1. Signed by Gov. 6/30/2020

  2. Ch. SL 2020-61

  3. Ratified

  4. Pres. To Gov. 6/24/2020

  5. Concurred In S Com Sub

  6. Ordered Enrolled

  7. Passed 2nd Reading

  8. Passed 3rd Reading

  9. Special Message Sent To House

  10. Special Message Received For Concurrence in S Com Sub

  11. Cal Pursuant 36(b)

  12. Placed On Cal For 06/23/2020

  13. Reptd Fav

  14. Reptd Fav Com Substitute

  15. Com Substitute Adopted

  16. Re-ref Com On Rules and Operations of the Senate

  17. Reptd Fav Com Substitute

  18. Com Substitute Adopted

  19. Re-ref Com On Finance

  20. Withdrawn From Com

  21. Re-ref to Agriculture/Environment/Natural Resources. If fav, re-ref to Finance. If fav, re-ref to Rules and Operations of the Senate

  22. Regular Message Received From House

  23. Passed 1st Reading

  24. Ref To Com On Rules and Operations of the Senate

  25. Regular Message Sent To Senate

  26. Passed 2nd Reading

  27. Passed 3rd Reading

  28. Reptd Fav Com Sub 2

  29. Cal Pursuant Rule 36(b)

  30. Placed On Cal For 05/02/2019

  31. Reptd Fav Com Substitute

  32. Re-ref Com On Rules, Calendar, and Operations of the House

  33. Passed 1st Reading

  34. Ref to the Com on State and Local Government, if favorable, Rules, Calendar, and Operations of the House

  35. 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)

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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

M11 Concur

Passed 114 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Democratic 22003
Republican 34001
Unaffiliated 56002
U 2000
Total 114006
% 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

Official roll call →

Second Reading

Passed 48 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 9000
Unaffiliated 26002
Republican 13000
Total 48002
% 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

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

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?
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