North Carolina 2021-2022 Session Status: In Committee Bipartisan · 4 D · 1 I cosponsors

HB 720 — Planning and Zoning-DOT/Performance Guarantees.

Last action — Passed 1st Reading

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

This bill died with 2021-2022 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

72 added · 69 removed

Plain-language change summary

The updated version of House Bill 720 includes clarifications regarding performance guarantees, specifically how they can be extended and when they should be released. It emphasizes that local governments must acknowledge the completion of required improvements before returning funds or letters of credit. These changes are important because they aim to streamline the process for developers and ensure that local governments efficiently manage and validate completed work. Overall, this helps clarify responsibilities and improve accountability in land use planning and development.

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GENERAL ASSEMBLY OF NORTH CAROLINA H.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 H 1 HOUSE BILL 720 Short Title:
720 Apr 28, 2021 SESSION 2021 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH30339-MQ-71 Short Title:
Representative Majeed.
Representatives Majeed, K.
Smith, Hawkins, and Belk (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
A BILL TO BE ENTITLED AN ACT TO REQUIRE ACCEPTANCE OF A TRANSPORTATION IMPROVEMENT BY THE DEPARTMENT OF TRANSPORTATION BEFORE A PERFORMANCE GUARANTEE REQUIRED BY A LOCAL GOVERNMENT IS RELEASED.
Local Government - Land Use, Planning and Development, if favorable, Transportation, if favorable, State Government, if favorable, Rules, Calendar, and Operations of the House April 29, 2021 A BILL TO BE ENTITLED AN ACT TO REQUIRE ACCEPTANCE OF A TRANSPORTATION IMPROVEMENT BY THE DEPARTMENT OF TRANSPORTATION BEFORE A PERFORMANCE GUARANTEE REQUIRED BY A LOCAL GOVERNMENT IS RELEASED.
If the improvements are not completed to the specifications of the local government, and the current performance guarantee is likely to expire prior to completion of the required improvements, the performance guarantee shall be extended, or a new performance guarantee issued, for an additional period.
If the improvements are not completed to the specifications of the local government, and the current performance guarantee is likely to expire prior to completion of the required improvements, the performance guarantee shall be extended, or a new *H720-v-1* General Assembly Of North Carolina Session 2021 performance guarantee issued, for an additional period.
An extension under this subdivision shall onlybefor adurationnecessaryto completethe required improvements.
An extension under this subdivision shall onlybe for adurationnecessaryto completethe required improvements.
If a new performance guarantee is issued, the amount shall be *DRH30339-MQ-71* General Assembly Of North Carolina Session 2021 determined by the procedure provided in subdivision (3) of this subsection and shall include the total cost of all incomplete improvements.
If a new performance guarantee is issued, the amount shall be determined by the procedure provided in subdivision (3) of this subsection and shall include the total cost of all incomplete improvements.
– The performance guarantee shall be returned or released, as appropriate, in a timely manner upon the acknowledgement by the local government that the improvements for which the performance guarantee is beingrequiredarecomplete.Thelocalgovernment shallreturnlettersofcredit or escrowed funds upon completion of the required improvements to its specifications or satisfaction and upon acceptance of the required improvements, improvements by the local government and the Department of Transportation, if the required improvements are subject to local government acceptance.
– The performance guarantee shall be returned or released, as appropriate, in a timely manner upon the acknowledgement by the local government that the improvements for which the performance guarantee is beingrequiredarecomplete.Thelocal governmentshallreturnlettersofcredit or escrowed funds upon completion of the required improvements to its specifications or satisfaction and upon acceptance of the required improvements, improvements bythe local government and the Department of Transportation, if the required improvements are subject to local government acceptance.
Thelocalgovernmentto whomtheperformanceguaranteeisprovided.
Thelocal governmentto whomtheperformanceguaranteeisprovided.
(6) Multiple guarantees.
Page 2 House Bill 720-First Edition General Assembly Of North Carolina Session 2021 (6) Multiple guarantees.
– The developer shall have the option to post one type of a performance guarantee as provided for in subdivision (1) of this section, in lieu of multiple bonds, letters of credit, or other equivalent security, for all Page 2 DRH30339-MQ-71 General Assembly Of North Carolina Session 2021 development matters related to the same project requiring performance guarantees.
– The developer shall have the option to post one type of a performance guarantee as provided for in subdivision (1) of this section, in lieu of multiple bonds, letters of credit, or other equivalent security, for all development matters related to the same project requiring performance guarantees.
DRH30339-MQ-71 Page 3
House Bill 720-First Edition Page 3
View plain text versions (2)

Action History

  1. Passed 1st Reading

  2. Ref to the Com on Local Government - Land Use, Planning and Development, if favorable, Transportation, if favorable, State Government, if favorable, Rules, Calendar, and Operations of the House

  3. Filed

Sponsors

Sponsorship breakdown

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3 sponsors · 8 co-sponsors · 168 not signed on

Sponsors (3)

Co-sponsors (8)

Not signed on (168)

168 members have not signed on to this bill.

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"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

Subjects

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Frequently asked questions

Who sponsors HB 720?
HB 720 is sponsored by K. Smith, R. Smith, Amber M. Baker (Democratic), Terry M. Brown Jr. (Democratic), Gill, Hunt, Lucas, Nasif Majeed (U), Zack Hawkins (Democratic), Mary Belk (Democratic), and Autry.
What is the current status of HB 720?
This bill died with 2021-2022 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 720?
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