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Building-Utility (2009-2010 Reg)
| Bill: |
HB683 |
| Sponsors: |
Crawford (D32) |
| Title: |
PERMIT EXTENSIONS |
| Summary: |
An Act to Amend the Permit Extension Act of 2009. |
| Status: |
07/10/2010 - Presented to the Governor |
| Position: |
Support |
| Comments: |
Good bill pushed by homebuilders/developers. |
| Bill: |
HB961 |
| Sponsors: |
Stam (R37); Ross (D38); Glazier (D45); Goodwin (D66) |
| Title: |
GOV'T ETHICS AND CAMPAIGN REFORM ACT OF 2010 |
| Summary: |
An Act to Clarify the Criminal Statutes on Self-Dealing; to Create the Public Funding of Council of State Elections Commission; to Increase the Punishment for Making Campaign Contributions in the Name of Another; to Increase Accessibility to Information Related to Candidate Campaign Committees and to Information Related to State Contracts and Grants; to Strengthen Public Confidence in Government by Changing the Revolving Door Period and Applicability; to Codify Certain Positions in State Government as a Public Servant Under the State Government Ethics Act; to Strengthen Transparency of Government Through Additional Disclosures by Public Servants, Including Campaign Contributions Prior to Appointment; to Increase Accountability of Public Servants, Appointees of the Governor, and State Employees by Permitting the Governor to Adopt Minimum Standards of Ethical Conduct; to Clarify the Indirect Gift Ban and Clarify Reporting by Lobbyist Principals; to Strengthen Transparency of Government Through Increasing and Clarifying Accessibility to Legislative Records and Other Public Records; to Make Technical Changes to the Ethics Law; and to Expedite Review of Preliminary Investigations of Allegations of Wrongdoing Under Chapters 120 and 138a of the General Statutes. |
| Cospons: |
Alexander, M. (D106); Insko (D56); Luebke (D30); Weiss (D35); Lucas, M. (D42); Blust (R62); Fisher (D114); Martin (D34); Dollar (R36); Faison (D50); Harrison (D57); Folwell (R74); Cotham (D100); Jackson (D39) |
| Status: |
07/10/2010 - Presented to the Governor |
| Comments: |
A covered person serving on, or a prospective appointee to, one of the following boards:
1. Alcoholic Beverage Control Commission.
2. Coastal Resources Commission.
3. State Board of Education.
4. State Board of Elections.
5. Employment Security Commission.
6. Environmental Management Commission.
7. Industrial Commission.
8. State Personnel Commission.
9. Rules Review Commission.
10. Board of Transportation.
11. Board of Governors of the University of North Carolina.
12. Utilities Commission.
13. Wildlife Resources Commission. |
| Bill: |
HB1035 |
| Sponsors: |
Yongue (D46); McLawhorn (D9); Glazier (D45); Goforth (D115) |
| Title: |
PERFORMANCE & PAYMENT BOND MODIFICATION |
| Summary: |
An Act to Increase the Performance and Payment Bonding Requirement for Construction Project Contracts Awarded by State Departments, State Agencies, and the University of North Carolina that Exceed Five Hundred Thousand Dollars. |
| Cospons: |
Insko (D56); Lucas, M. (D42); Parmon (D72); Harrison (D57) |
| Status: |
07/09/2010 - Presented to the Governor |
| Position: |
Amend |
| Priority: |
High |
| Notes: |
Support amendments |
| Comments: |
Support these ratified amendments:
SECTION 1.1. The Department of Administration, State Building Commission, is
directed to simplify the process of prequalification for publicly funded construction projects
and to report to the Joint Legislative Commission on Governmental Operations on the steps it is
taking to implement this objective by December 31, 2010.
SECTION 1.2. The Department of Transportation ("DOT"), The University of
North Carolina and its constituent institutions ("UNC"), and the Department of Administration
("DOA") shall monitor all projects in those agencies and institutions that are let without a
performance or payment bond to determine the number of defaults on those projects, the cost to
complete each defaulted project, and each project's contract price. Beginning March 1, 2011,
and annually thereafter, DOT, UNC, and DOA shall report this information to the Joint
Legislative Committee on Governmental Operations. |
| Bill: |
HB1099 |
| Sponsors: |
Gibson (D69); Allen, L. (D49) |
| Title: |
CLARIFY EFFECTIVE DATE FOR SEPA EXEMPTION |
| Summary: |
An Act to Clarify the Effective Date of a Provision Limiting the Applicability of the State Environmental Policy Act to Projects Receiving Economic Incentive Payments. |
| Cospons: |
Lucas, M. (D42) |
| Status: |
07/10/2010 - Presented to the Governor |
| Position: |
Neutral |
| Bill: |
HB1292 |
| Sponsors: |
Jeffus (D59); Womble (D71); Lucas, M. (D42); Harrison (D57) |
| Title: |
UNIV. ENERGY SAVINGS/LEA OPERATIONAL LEASES |
| Summary: |
An Act to Provide that Any Energy Savings Realized by Constituent Institutions of the University of North Carolina Shall Remain Available to the Institution and a Portion of Those Energy Savings Shall be Used for Other Energy Conservation Measures; and to Expand the Use of Operational Leases by Local Boards of Education. |
| Cospons: |
Adams (D58); Luebke (D30); Glazier (D45); Jones, Earl (D60); Parmon (D72); Fisher (D114); Wray (D27); Faison (D50); Bryant (D7); Cotham (D100); Mackey (D99) |
| Status: |
07/09/2010 - Presented to the Governor |
| Position: |
Support w/Amendments |
| Priority: |
High |
| Notes: |
One of the biggest threats to public school construction/open, competitive bidding as the bill orignially had been drafted. CAGC had heavy involvement in amending. |
| Comments: |
CAGC helped amend law to require public bidding stay intact for public school construction concerning operational leases, specifically:
(a) Local boards of education may enter into operational leases of real or personal property for use as school buildings or school facilities. Operational leases for terms of less than three years shall not be subject to the approval of the board of county commissioners. Operational leases for terms of three years or longer, including periods that may be added to the original term through the exercise of options to renew or extend, are permitted if all of the following conditions are met:
(1) The budget resolution includes an appropriation authorizing the current fiscal year's portion of the obligation.
(2) An unencumbered balance remains in the appropriation sufficient to pay in the current fiscal year the sums obligated by the lease for the current fiscal year.
(3) The leases are approved by a resolution adopted by the board of county commissioners. If an operational lease is approved by the board of county commissioners, in each year the county commissioners shall appropriate sufficient funds to meet the amounts to be paid during the fiscal year under the lease.
(4) Any construction, repair, or renovation of the property is in compliance with the requirements of G.S. 115C 521(c) relating to energy guidelines.
For purposes of this section, an operational lease is defined according to generally accepted accounting principles.principles and may be for new or existing buildings.
(b) Local boards of education may enter into contracts for the repair construction, repair, or renovation of leased property if (i) the budget resolution includes an appropriation authorizing the obligation, (ii) an unencumbered balance remains in the appropriation sufficient to pay in the current fiscal year the sums obligated by the transaction for the current fiscal year, and (iii) the repair construction, repair, or renovation is in compliance with the requirements of G.S. 115C 521(c) relating to energy guidelines. Construction, repair, or renovation work undertaken or contracted by a private developer is subject to the requirements of Article 8 of Chapter 143 of the General Statutes. Contracts for new construction and renovation that are subject to the bidding requirements of G.S. 143 129(a) and which do not constitute continuing contracts for capital outlay must be approved by the board of county commissioners. |
| Bill: |
HB1670 |
| Sponsors: |
Owens (D1) |
| Title: |
2010 APPOINTMENTS BILL |
| Summary: |
An Act to Appoint Persons to Various Public Offices Upon the Recommendation of the Speaker of the House of Representatives and the President Pro Tempore of the Senate and to Fill an Unexpired Term of a Member of the Board of Directors for the North Carolina Partnership for Children, Inc., Upon the Recommendation of the Majority Leader of the Senate. |
| Status: |
07/10/2010 - Chaptered Session Laws |
| Position: |
Neutral |
| Comments: |
Appointments include:
John Muter, State Building Commissison
SECTION 2.31. John Muter of Wake County is appointed to the State Building Commission for a term expiring on June 30, 2013.
SECTION 1.14. Donnie Brewer of Pitt County is appointed to the Environmental
16 Management Commission for a term expiring on June 30, 2012.
Jerry O. Pearce of Wake County is appointed to the North
39 Carolina On-site Wastewater Contractors and Inspections Certification Board for a term
expiring on July 1, 2013.
SECTION 1.32. James T. Driscoll, Jr., of Wake County is appointed to the State
Building Commission for a term expiring on June 30, 2012.
SECTION 2.17. Andy Penry of Wake County is appointed to the Board of Directors of the North Carolina Global TransPark Authority for a term expiring on June 30, 2011, to fill an unexpired term of Jack Kellogg. |
| Bill: |
HB1725 |
| Sponsors: |
Tolson (D23); Yongue (D46); Lucas, M. (D42); Bell (D21) |
| Title: |
SCHOOL SUPPORT DIVISION CHANGES |
| Summary: |
An Act to Require the State Board of Education to Allocate Up to One Million Seven Hundred Thousand Dollars to Support Positions in the School Support Division at the Department of Public Instruction and to Use the Funds Also to Help Local School Administrative Units with Green Building Design Oversight and Architectural Support for Functional and Sanitary Environmental Practices. |
| Cospons: |
Adams (D58); Wainwright (D12); Pierce (D48); Harrison (D57); Love (D51); Hughes (D18) |
| Status: |
06/01/2010 - House Committee On Appropriations |
| Bill: |
HB1744 |
| Sponsors: |
Crawford (D32); Owens (D1); Gillespie (R85); Tarleton (D93) |
| Title: |
MODIFY WATER FUNDING PRIORITIES |
| Summary: |
An Act to Modify the Common Criteria Applicable to Loans and Grants for Water and Wastewater Infrastructure Projects To: (1) Clarify that Leaking Waterlines are a Priority for Both Water Quantity and Water Quality Purposes; (2) Include Asset Management Planning, Regionalization, State Water Supply Planning, and Drought Management in the List of Common Criteria that Receive Priority for Funding; (3) Establish a Sliding Scale System for Determining the Priority Given to Projects that Exceed the High-Unit-Cost Threshold; and (4) Provide that a Project that Demonstrates It is not Feasible to Regionalize Shall be Given the Same Priority as a Project that Includes Regionalization, as Recommended by the Legislative Study Commission on Water and Wastewater Infrastructure. |
| Cospons: |
Dockham (R80); Bell (D21); Carney (D102); Rapp (D118); Wray (D27); Faison (D50); Hughes (D18) |
| Status: |
07/08/2010 - Presented to the Governor |
| Position: |
Support |
| Notes: |
Good for utility contractors |
| Bill: |
HB1745 |
| Sponsors: |
Crawford (D32); Owens (D1); Gillespie (R85); Tarleton (D93) |
| Title: |
SURVEY AG. WATER INFRASTRUCTURE NEEDS |
| Summary: |
An Act to Direct the Department of Agriculture and Consumer Services and the Division of Soil and Water Conservation of the Department of Environment and Natural Resources to Continue to Work with the North Carolina Farm Bureau Federation, Other Agricultural Organizations, and Farmers in the State to Develop a Plan to Identify and Report Agricultural Water Infrastructure Needs, as Recommended by the Legislative Study Commission on Water and Wastewater Infrastructure. |
| Cospons: |
Dockham (R80); Lucas, M. (D42); Bell (D21); Carney (D102); Rapp (D118); Faison (D50); Harrison (D57); Hughes (D18) |
| Status: |
05/26/2010 - House Committee On Agriculture |
| Notes: |
Good for utility contractors |
| Bill: |
HB1746 |
| Sponsors: |
Crawford (D32); Owens (D1); Gillespie (R85); Tarleton (D93) |
| Title: |
WATER INFRASTRUCTURE INFORMATION NEEDS |
| Summary: |
An Act To: (1) Direct the Department of Environment and Natural Resources, in Conjunction with Other Interested Parties, to Establish a Task Force to Develop a Statewide Survey to Supplement the Current Information Used to Assess the State's Water and Wastewater Infrastructure Needs, Develop a Plan for Incorporating the Information Compiled from the United States Environmental Protection Agency Survey into the State Water Supply Plan, and Develop Recommendations Regarding a Statewide Water and Wastewater Infrastructure Resource and Funding Database; and (2) Direct the Department of Environment and Natural Resources and the Local Government Commission of the Department of State Treasurer to Jointly Evaluate the Potential Benefits of Monitoring the Financial Condition of Public Water Systems and Wastewater Systems, as Recommended by the Legislative Study Commission on Water and Wastewater Infrastructure. |
| Cospons: |
Dockham (R80); Lucas, M. (D42); Bell (D21); Carney (D102); Rapp (D118); Wray (D27); Faison (D50); Harrison (D57); Samuelson (R104); Hughes (D18) |
| Status: |
07/08/2010 - Presented to the Governor |
| Position: |
Support |
| Notes: |
Good for utility contractors |
| Bill: |
HB1747 |
| Sponsors: |
Crawford (D32); Owens (D1); Gillespie (R85); Tarleton (D93) |
| Title: |
WATER SUPPLY SYSTEM CAPACITY PLANNING |
| Summary: |
An Act to Require a Local Government that Provides Public Water Service or a Community Water System to Revise Its Local Water Supply Plan to Address Foreseeable Future Water Needs When Eighty Percent of the Water System's Available Water Supply Has Been Allocated or When Seasonal Demand Exceeds Ninety Percent, as Recommended by the Legislative Study Commission on Water and Wastewater Infrastructure. |
| Cospons: |
Dockham (R80); Carney (D102); Rapp (D118); Wray (D27); Faison (D50); Harrison (D57); Hughes (D18) |
| Status: |
07/02/2010 - Presented to the Governor |
| Position: |
Support |
| Notes: |
Good for utility contractors |
| Bill: |
HB1749 |
| Sponsors: |
Crawford (D32); Owens (D1); Gillespie (R85); Tarleton (D93) |
| Title: |
WATER INFRASTRUCTURE NEEDS/CLOSE INFO GAPS |
| Summary: |
An Act to Direct the Department of Environment and Natural Resources, in Conjunction with Other Interested Parties, to Develop a Statewide Survey to Supplement the Current Information Used to Assess the State's Water and Wastewater Infrastructure Needs and Develop a Plan for Incorporating the Information Compiled from the United States Environmental Protection Agency Survey into the State Water Supply Plan, as Recommended by the Legislative Study Commission on Water and Wastewater Infrastructure. |
| Cospons: |
Dockham (R80); Carney (D102); Wray (D27); Faison (D50); Harrison (D57); Samuelson (R104); Hughes (D18); Gill (D33) |
| Status: |
06/09/2010 - House Committee On Environment and Natural Resources |
| Position: |
Support |
| Bill: |
HB1750 |
| Sponsors: |
Crawford (D32); Owens (D1); Gillespie (R85); Tarleton (D93) |
| Title: |
FUNDS/MATCH FOR FED. WATER & WASTEWATER FUNDS |
| Summary: |
An Act to Appropriate Funds to the State's Water Infrastructure Fund to be Used to Match the Federal Funds Available for Water Supply and Wastewater Needs, as Recommended by the Legislative Study Commission on Water and Wastewater Infrastructure. |
| Cospons: |
Dockham (R80); McLawhorn (D9); Carney (D102); Wray (D27); Faison (D50); Harrison (D57); Braxton (D10); Hughes (D18) |
| Status: |
05/18/2010 - House Committee On Appropriations |
| Position: |
Support |
| Bill: |
HB1765 |
| Sponsors: |
Gibson (D69); Harrison (D57) |
| Title: |
AMEND WQ/IBT LAWS |
| Summary: |
An Act to Authorize Coalitions of Local Governments to Jointly Implement Water Quality Protection Plans for the Falls Lake Watershed; to Provide that an Applicant for an Interbasin Transfer Certificate Shall Pay the Costs Associated with All Required Public Hearings; to Create a Temporary, Streamlined Interbasin Transfer Certification Process for Interbasin Transfers in the Central Coastal Plain Capacity Use Area and into Isolated River Basins; to Authorize the Environmental Review Commission to Study Certain Conditions on Interbasin Transfers; and to Provide that Beneficial Reuse of Wastewater Includes Certain Facilities that Require Relocation of a Discharge from One Receiving Stream to Another . |
| Cospons: |
Hughes (D18) |
| Status: |
07/10/2010 - Presented to the Governor |
| Position: |
Neutral |
| Bill: |
HB1766 |
| Sponsors: |
Gibson (D69) |
| Title: |
AMEND ENVIRONMENTAL LAWS 2010 |
| Summary: |
An Act to Amend Certain Environmental and Natural Resources Laws To: (1) Change the Location of the Horizontal Control Monument Files for Plat and Subdivision Mapping Requirements; (2) Provide that the President Pro Tempore of the Senate and the Speaker of the House of Representatives May Designate Multiple Members to Serve as Cochairs of the Environmental Review Commission; (3) Repeal the Requirement that Remedial Action Plans be Recorded in the Register of Deeds Office and Modify the Requirement that Remedial Action Plans be Placed in Each Public Library in the County; (4) Reestablish the Surface Water Identification Training and Certification Program as a Component of the Riparian Buffer Protection Program; (5) Amend the Customer Reporting Requirements for Small Wastewater Systems; (6) Amend Civil Penalties for Certain Air Quality Violations to Conform with Changes Made in S.L. 2007-296; (7) Change the Name of the North Carolina National Park, Parkway and Forests Development Council to the Western North Carolina Public Lands Council; (8) Clarify the Standards for Qualification of Voluntary Water Conservation and Water Use Efficiency Programs; (9) Amend the Enforcement Authority of the Department of Environment and Natural Resources Under the Drought Management Preparedness and Response Act; (10) Amend Designation of the Member of the Sedimentation Control Commission Representing a North Carolina Public Utility Company; (11) Amend the Notice Requirements for Cities, Counties, Sanitary Districts, and Water and Sewer Authorities When Imposing or Increasing Certain Fees or Certain Charges; (12) Provide that the Prohibition on Any New or Increased Nutrient Loading Allocation Applies to Impaired Drinking Water Supply Reservoirs; (13) Direct Certain State Agencies to Review Their Planning and Regulatory Programs and Recommend Whether Those Programs Should Include Consideration of the Impacts of Global Climate Change; (14) Require All Public Agencies to Recycle All Spent Fluorescent Lights and Mercury Thermostats, Require the Removal of All Fluorescent Lights and Mercury Thermostats from Buildings Prior to Demolition, and Ban Mercury-Containing Products from Unlined Landfills; (15) Authorize the Environmental Review Commission to Study the Penalties Applicable to Violations of G.S. 130a-309.10 (Prohibited Acts Related to Packaging; Coded Labeling of Plastic Containers Required; Disposal of Certain Solid Wastes in Landfills or by Incineration Prohibited); (16) Provide that Local Governments and Large Community Water Systems Only Require Separate Meters for New In-Ground Irrigation Systems for Lots Platted and Recorded in the Office of the Register of Deeds After July 1, 2009, that are Connected to Their Systems; (17) Prohibit the Use of High Arsenic Content Glass Beads When Marking State or Municipal Roads or Public Vehicular Areas; (18) Enable Traditional Country Stores to Sell Uncooked Sandwiches, Prepared on Premises by Store Employees; (19) Revise the Sunset Provision for Nutrient Offset Payments; (20) Make a Technical Correction to the Definition of "Notebook Computer"; and (21) Delay the Effective Date of the Clean Coastal Water and Vessel Act from July 1, 2010, to April 1, 2011, to Limit the Act's Application to Only Those Areas that are Designated as No Discharge Zones by the United States Environmental Protection Agency; and (22) Clarify the Scope of Research for the Coastal Wave Energy Research and Prototype Project Authorized in the Current Operations and Capital Improvements Appropriations Act of 2010; and (23) to Amend the NC Sustainable Communities Task Force. |
| Cospons: |
Harrison (D57); Tarleton (D93); Hughes (D18) |
| Status: |
07/10/2010 - Presented to the Governor |
| Position: |
Neutral |
| Bill: |
HB1785 |
| Sponsors: |
Crawford (D32); Owens (D1); Gillespie (R85); Tarleton (D93) |
| Title: |
RURAL CENTER FUNDS/WATER INFRASTRUCTURE |
| Summary: |
An Act to Appropriate Funds to the Rural Economic Development Center for Critical Water and Wastewater Grants, as Recommended by the Legislative Study Commission on Water and Wastewater Infrastructure. |
| Cospons: |
Dockham (R80); McLawhorn (D9); Bell (D21); Goforth (D115); Wray (D27); Pierce (D48); Faison (D50); Wilkins (D55); Spear (D2); Hughes (D18) |
| Status: |
06/01/2010 - House Committee On Appropriations |
| Position: |
Support |
| Bill: |
HB1802 |
| Sponsors: |
Gibson (D69); Underhill (D3); Harrison (D57); Tarleton (D93) |
| Title: |
ENR REPORTS CONSOL./TECH. CORRECTS 2010 |
| Summary: |
An Act to Amend or Repeal Various Environmental and Natural Resources Reporting Requirements and to Make Clarifying, Conforming, and Technical Amendments to Various Laws Related to the Environment, Energy, and Natural Resources, as Recommended by the Environmental Review Commission. |
| Cospons: |
Carney (D102); Goforth (D115); Faison (D50); Hughes (D18); Gill (D33) |
| Status: |
07/09/2010 - Presented to the Governor |
| Position: |
Neutral |
| Bill: |
HB1829 |
| Sponsors: |
Luebke (D30) |
| Title: |
RENEWABLE ENERGY INCENTIVES |
| Summary: |
An Act to Promote the Use of Renewable Energy by Extending the Credit for Constructing Renewable Fuel Facilities and the Credit for Biodiesel Producers, Revising the Tax Credit for Investing in Renewable Energy Property, Reinstating and Expanding the Tax Credit for a Renewable Energy Property Facility, Clarifying the Authority of Local Governments to Finance Energy Programs, Clarifying that Real Property Donated for a Conservation Purpose Can be Used Only for that Purpose, and to Designate the Appropriate Person to Provide a Written Allocation of the Federal §179d Tax Deduction for Energy Efficient Commercial Buildings Owned by a Governmental Entity. |
| Cospons: |
Brubaker (R78); Hill (D20); Howard (R79); Wainwright (D12); Womble (D71); Gibson (D69); Weiss (D35); Carney (D102); McGee (R75); Hughes (D18) |
| Status: |
07/10/2010 - Presented to the Governor |
| Position: |
Support |
| Priority: |
High |
| Notes: |
Will provide millions of dollars in refunds for contractor overbillings for Jan. 1, 2007 forward. |
| Comments: |
Had language here that subsequently was deleted, after budget bill passed, that had same language as budget bill: "Reduce franchise tax burden on construction companies," making in retroactive to Jan. 1, 2007 forward. |
| Bill: |
HB1870 |
| Sponsors: |
Goforth (D115); Whilden (D116) |
| Title: |
SAFE ARTIFICIAL SLOPE CONSTRUCTION ACT |
| Summary: |
An Act to (1) Require Local Governments to Adopt Ordinances to Regulate Site Planning, Design, and Construction of Artificial Slopes in Mountainous Areas to Promote Safe and Stable Slopes for Development, to Reduce the Likelihood of Slope Failures on Developed or Disturbed Land, and to Protect Human Safety and Property; (2) Direct the Sedimentation Control Commission to Assist Local Governments in Development and Implementation of Safe Slope Construction Programs and to Develop a Model Ordinance; and (3) Provide for Disclosure of Information to Purchasers of Properties Located in Certain Areas Designated on Stability Index Maps Prepared by the North Carolina Geological Survey. |
| Cospons: |
Insko (D56); Hughes (D18) |
| Status: |
06/23/2010 - House Committee On Finance |
| Position: |
Neutral |
| Bill: |
HB1919 |
| Sponsors: |
Gulley (R103); Cotham (D100) |
| Title: |
MATTHEWS PUBLIC-PRIVATE PROJECTS |
| Summary: |
An Act Authorizing the Town of Matthews to Participate in a Public-Private Development Project Outside the Downtown Area. |
| Cospons: |
Alexander, M. (D106); Earle (D101); Carney (D102); Samuelson (R104); Tillis (R98); Alexander, K. (D107) |
| Status: |
07/01/2010 - Chaptered Session Laws |
| Position: |
Support w/Amendments |
| Priority: |
High |
| Notes: |
CAGC helped amend to only apply to one project and to guarantee payment. Good PPP language for future. |
| Bill: |
HB1973 |
| Sponsors: |
Brubaker (R78); Owens (D1); Wainwright (D12); Gibson (D69) |
| Title: |
VARIOUS ECONOMIC INCENTIVES |
| Summary: |
An Act to Modify Existing Economic Development Incentives and to Incent New Economic Development Opportunities; to Provide Funding for the Dna Database and Databank; and to Encourage the Use of Multiple Award Schedule Contracts When Issuing Requests for Proposals for State Contracts. |
| Cospons: |
Alexander, M. (D106); Lucas, M. (D42); Glazier (D45); Moore (R111); Wray (D27); Faison (D50); Tarleton (D93); Spear (D2); Hughes (D18); Stewart (D25); Gill (D33) |
| Status: |
07/10/2010 - Presented to the Governor |
| Position: |
Support w/Amendments |
| Notes: |
CAGC put together coalition to delete language that otherwise would have called for 5% in-state bidding preferences for construction industry companies with principal offices elsewhere. Language also deleted from $300-$500K for payment bond threshhold for public work. |
| Comments: |
Looks like it only applies to purchase and contract...
PART VIII: ENCOURAGE THE USE OF MULTIPLE AWARD SCHEDULE CONTRACTS
SECTION 8.1. The General Assembly makes the following findings:
(1) A multiple award schedule contract is one that allows multiple vendors to be awarded a State contract for goods or services by providing their total catalogue for lines of equipment and attachments to eligible purchasers, including State agencies, departments, institutions, public school districts, political subdivisions, and higher education facilities.
(2) A multiple award schedule contract allows multiple vendors to compete and be awarded a contract based upon the value of their products or services.
(3) A properly administered multiple award schedule contract allows the State to evaluate vendors based on a variety of factors, including discounts, total life cycle costs, service, warranty, distribution channel, and past vendor performance.
(4) Under appropriate circumstances, multiple award schedule contracts result in competitive pricing, transparency, administrative savings, expedited procurement, and flexibility for State purchasers.
SECTION 8.2. The North Carolina Department of Administration is strongly encouraged to consider the use of multiple award schedule contracts when issuing requests for proposals for State term contracts.
SECTION 8.3. This Part is effective when it becomes law.
Henry Jones comments: Dave: While the provision isn’t very explicit, I read it to apply to purchase and contract issues, not construction. |
| Bill: |
HB2001 |
| Sponsors: |
Gibson (D69) |
| Title: |
SMALL BUSINESS START-UP TAX RELIEF |
| Summary: |
An Act to Encourage Innovative Small Start-Up Businesses to Grow and Expand in North Carolina; to Require Annual Transaction Reports; and to Encourage Reform in Procurement Standards. |
| Cospons: |
Adams (D58); Bordsen (D63); Wray (D27); Faison (D50); Tarleton (D93); Hall, L. (D29); Floyd (D43); Stewart (D25); Gill (D33) |
| Status: |
05/26/2010 - House Committee On Commerce, Small Business and Entrepreneurship |
| Position: |
Neutral |
| Bill: |
HB2026 |
| Sponsors: |
Holliman (D81); Carney (D102) |
| Title: |
ESTABLISH MOBILITY FUND |
| Summary: |
An Act to Establish the North Carolina Mobility Fund Within the North Carolina Highway Trust Fund to Provide Funding for Transportation Needs. |
| Cospons: |
Alexander, M. (D106); Harrison (D57); Hall, L. (D29) |
| Status: |
05/26/2010 - House Committee On Rules, Calendar, and Operations of the House |
| Bill: |
HB2059 |
| Sponsors: |
Womble (D71); Parmon (D72) |
| Title: |
WINSTON-SALEM/INFORMAL BIDS ELECTRONICALLY |
| Summary: |
An Act Authorizing the City of Winston-Salem to Receive Bids Electronically in Addition to or Instead of Paper Bids When Letting Contracts on Informal Bids. |
| Cospons: |
McGee (R75); Hughes (D18) |
| Status: |
07/06/2010 - Senate Committee On State and Local Government |
| Position: |
Support w/Amendments |
| Comments: |
CAGC helped amend as follows: "Under the provisions of this subsection, a county, city, town, or other subdivision of this State may receive bids electronically in addition to or instead of paper bids. Procedures for receipt of electronic bids for contracts that are subject to the requirements of this section shall be designed to ensure the security, authenticity, and confidentiality of the bids to at least the same extent as is provided for with sealed paper bids." |
| Bill: |
SB761 |
| Sponsors: |
Brown, H. (R6) |
| Title: |
STREET CONSTRUCTION/DEVELOPER RESPONSIBILITY |
| Summary: |
An Act to Study Reimbursing a Developer for Improvements Made to Public Streets or Highways for a Development and to Apportion Such Costs to Any Other Developers that Have Access to Such Improvements Before or After the Improved Portion of the Public Street or Highway Has Been Accepted by the State or Local Government for Maintenance as a Public Street or Highway. |
| Cospons: |
Hoyle (D43); Swindell (D11); Berger, P. (R26); Jenkins (D3); Tillman (R29); Brock (R34); Blake (R22); East (R30); Jacumin (R44); Hunt (R15); Preston (R2) |
| Status: |
07/06/2010 - House Committee On Rules, Calendar, and Operations of the House |
| Position: |
Support |
| Bill: |
SB900 |
| Sponsors: |
Rouzer (R12) |
| Title: |
STUDIES ACT OF 2010 |
| Summary: |
An Act to Provide for Studies by the Legislative Research Commission, Statutory Oversight Committees and Commissions, and Other Agencies, Committees, and Commissions. |
| Status: |
07/10/2010 - Presented to the Governor |
| Position: |
Neutral |
| Comments: |
SECTION 5.1. The Joint Legislative Education Oversight Committee may study
24 the topics listed in this Part and report its findings, together with any recommended legislation,
25 to the 2011 Regular Session of the General Assembly upon its convening.
26 SECTION 5.2. Virtual School of Engineering (Shaw) - The Committee may study
27 the feasibility of establishing a Virtual School of Engineering. The purpose of the study is to
28 determine the cost and feasibility of developing and maintaining a Virtual School of
29 Engineering, including the effectiveness of linking the constituent institutions to the established
30 UNC Schools of Engineering by offering engineering classes through satellite and online
31 courses, whether an engineering curriculum lends itself to such a model, and any other related
32 issues deemed relevant by the Committee.
PARTNERSHIPS (Owens)
19 SECTION 32.1. There is established the Legislative Study Commission on
20 Public-Private Partnerships.
21 SECTION 32.2. The Commission shall be composed of 16 members, as follows:
22 (1) Five members of the Senate appointed by the President Pro Tempore of the
23 Senate.
24 (2) Five members of the House of Representatives, appointed by the Speaker of
25 the House of Representatives.
26 (3) Three public members, appointed by the Speaker of the House of
27 Representatives.
28 (4) Three public members, appointed by the President Pro Tempore of the
29 Senate.
30 The Commission shall include, and consult with, the Secretary of Transportation,
31 the North Carolina Turnpike Authority, the State Treasurer, the Local Government
32 Commission, the State Construction Office, the North Carolina Association of County
33 Commissioners, the North Carolina League of Municipalities, and the North Carolina School
34 Boards Association in the course of its deliberations.
35 Public members shall be residents of the State. Vacancies on the Commission shall
36 be filled by the appointing authority. The President Pro Tempore of the Senate and the Speaker
37 of the House of Representatives shall each designate a cochair, who shall be a member of the
38 General Assembly. A quorum of the Commission shall be 10 members.
39 The Commission, while in the discharge of its official duties, may exercise all
40 powers provided for under G.S. 120-19 and G.S. 120-19.1 through G.S. 120-19.4. The
41 Commission may meet at any time upon call of the chairs. The Commission may meet in the
42 Legislative Building or the Legislative Office Building. The Commission may contract for
43 professional, clerical, or consultant services as provided by G.S. 120-32.02.
44 The Legislative Services Commission, through the Legislative Services Officer,
45 shall assign professional staff to assist the Commission in its work. The House of
46 Representatives' and Senate's Directors of Legislative Assistants shall assign clerical staff to the
47 Commission, and the expenses relating to the clerical employees shall be borne by the
48 Commission. Members of the Commission shall receive subsistence and travel expenses at the
49 rates set forth in G.S. 120-3.1, 138-5, or 138-6, as appropriate.
50 SECTION 32.3. The Commission shall study issues related to Public-Private
51 Partnerships (PPPs), including examination of the appropriate authority for State, regional, and
General Assembly Of North Carolina Session 2009
Senate Bill 900-Fifth Edition Page 17
1 local government units to engage in PPPs for public capital projects through a regulatory
2 framework.
3 SECTION 32.4. The Commission may make a final report, including any proposed
4 legislation, to the 2011 General Assembly upon its convening. The Commission shall terminate
5 upon filing its final report or upon the convening of the 2011 General Assembly, whichever is
6 earlier.
PART XXII. LEGISLATIVE STUDY COMMISSION ON URBAN GROWTH AND
23 INFRASTRUCTURE ISSUES REPORT DATE
24 SECTION 22. Section 36.6 of S.L. 2008-181 reads as rewritten:
25 "SECTION 36.6. The Commission shall report the results of its study and its
26 recommendations to the 2009 General Assembly upon its convening. The Commission shall
27 submit its final report on or before the date of the convening of the 2011 General Assembly.
28 The Commission shall expire upon the delivering of its final report, or the convening of the
29 2011 General Assembly, whichever occurs first."
PART XXXV. JOINT SELECT COMMITTEE TO STUDY THE ADOPTION OF
43 COMPARATIVE NEGLIGENCE AND ABROGATION OF JOINT AND SEVERAL
44 LIABILITY (H.B. 813 - Glazier, Blust, Ross)
45 SECTION 35.1. There is established the Joint Select Committee to Study the
46 Adoption of Comparative Negligence and Abrogation of Joint and Several Liability.
47 SECTION 35.2. The Commission shall be composed of 10 members, as follows:
48 (1) Five members of the Senate appointed by the President Pro Tempore of the
49 Senate.
50 (2) Five members of the House of Representatives appointed by the Speaker of
51 the House of Representatives.
General Assembly Of North Carolina Session 2009
Senate Bill 900-Fifth Edition Page 19
1 Vacancies on the Committee shall be filled by the appointing authority. The
2 President Pro Tempore of the Senate and the Speaker of the House of Representatives shall
3 each designate a cochair, who shall be a member of the General Assembly. A quorum of the
4 Committee shall be a majority of its members.
5 The Committee, while in the discharge of its official duties, may exercise all powers
6 provided for under G.S. 120-19 and G.S. 120-19.1 through G.S. 120-19.4. The Commission
7 may meet at any time upon call of the chairs. The Committee may meet in the Legislative
8 Building or the Legislative Office Building.
9 The Legislative Services Commission, through the Legislative Services Officer,
10 shall assign professional staff to assist the Committee in its work. The House of
11 Representatives' and Senate's Directors of Legislative Assistants shall assign clerical staff to the
12 Committee, and the expenses relating to the clerical employees shall be borne by the
13 Committee. Members of the Committee shall receive subsistence and travel expenses at the
14 rates set forth in G.S. 120-3.1.
15 SECTION 35.3. The Committee shall study issues related to the adoption of
16 comparative negligence and the abrogation of joint and several liability, and any other issues
17 related to tort liability.
18 SECTION 35.4. The Committee may make a final report, including any proposed
19 legislation, to the 2011 General Assembly upon its convening. The Committee shall terminate
20 upon filing its final report or upon the convening of the 2011 General Assembly, whichever is
21 earlier. |
| Bill: |
SB1113 |
| Sponsors: |
Kinnaird (D23) |
| Title: |
CARRBORO ENERGY EFFICIENCY/RENEWABLE |
| Summary: |
An Act Exempting the Town of Carrboro from Competitive Bidding Requirements When Letting Contracts for Use as Part of Municipal Pilot Programs Aimed at Increasing Energy Efficiency, and to Authorize the Town of Carrboro to Enter into a Lease for the Siting and Operation of a Renewable Energy Facility for Twenty Years Without Treating It as a Sale and Without Giving Notice by Publication. |
| Status: |
05/13/2010 - Senate Committee On State and Local Government |
| Position: |
Neutral |
| Comments: |
Amended at CAGC's request to ensure competitive bidding |
| Bill: |
SB1114 |
| Sponsors: |
Kinnaird (D23) |
| Title: |
LOCAL ENERGY EFFICIENCY/RENEWABLE |
| Summary: |
An Act Exempting the Towns of Chapel Hill and Carrboro and the City of Asheville from Competitive Bidding Requirements When Letting Contracts for Use as Part of Local Pilot Programs Aimed at Increasing Energy Efficiency, and to Authorize the Towns of Chapel Hill and Carrboro and the City of Asheville to Enter into Leases for the Siting and Operation of a Renewable Energy Facility for Up to Twenty Years Without Treating It as a Sale and Without Giving Notice by Publication. |
| Cospons: |
Atwater (D18) |
| Status: |
07/07/2010 - Chaptered Session Laws |
| Position: |
Support w/Amendments |
| Comments: |
CAGC helped amend to keep in competitive bidding. |
| Bill: |
SB1154 |
| Sponsors: |
Stevens, R. (R17) |
| Title: |
UNC NONAPPROPRIATED CAPITAL PROJECTS |
| Summary: |
An Act to Authorize the Construction and the Financing, Without Appropriations from the General Fund, of Certain Capital Improvements Projects of the Constituent Institutions and Affiliated Enterprises of the University of North Carolina. |
| Cospons: |
Swindell (D11); Bingham (R33); Foriest (D24) |
| Status: |
07/08/2010 - Presented to the Governor |
| Position: |
Support |
| Notes: |
Over $543.8 million for construction |
| Bill: |
SB1171 |
| Sponsors: |
Clodfelter (D37) |
| Title: |
KEEPING NC COMPETITIVE ACT |
| Summary: |
An Act to Modify Eligibility for Economic Incentive Sales and Use Tax Exemptions and Refunds; to Modify Eligibility for the One Percent Privilege Tax on Datacenter Machinery and Equipment; and to Modify the Circumstances Under Which the Department of Commerce May Extend the Base Period for a Jdig Grant. |
| Cospons: |
Tillman (R29); Blake (R22); Clary (R46); Dickson (D19) |
| Status: |
07/11/2010 - Chaptered Session Laws |
| Position: |
Amend |
| Notes: |
Keep out any in-state bidding preferences |
| Bill: |
SB1174 |
| Sponsors: |
Garrou (D32) |
| Title: |
AUTH/ABOLISH HIGHER ED BOND OVERSIGHT COMM |
| Summary: |
A Joint Resolution Authorizing the 2009 General Assembly to Consider a Bill to be Entitled an Act to Abolish the Higher Education Bond Oversight Committee and to Transfer Its Duties and Functions to the Office of General Administration of the University of North Carolina and the Office of State Budget and Management. |
| Status: |
05/18/2010 - Senate Committee On Rules and Operations of the Senate |
| Position: |
Neutral |
| Bill: |
SB1213 |
| Sponsors: |
Clodfelter (D37) |
| Title: |
AMEND STATE PURCHASES & CONTRACTS LAWS |
| Summary: |
An Act Increasing the Authority of the Secretary of Administration to Provide Oversight of the Review and Award of Contracts and to Enhance the Efficiency and Effectiveness of the Contracts Process, Requiring All State Agencies and Institutions Exempt from Article 3 of Chapter 143 of the General Statutes to Comply with Certain Requirements Regarding the Review and Award of Contracts, Requiring the Attorney General to Review Certain Contracts, and Prohibiting the Use of Cost Plus Percentage of Cost Contracts, as Recommended by the Joint Legislative Program Evaluation Oversight Committee. |
| Cospons: |
Hartsell (R36) |
| Status: |
07/09/2010 - Presented to the Governor |
| Position: |
Neutral |
| Bill: |
SB1278 |
| Sponsors: |
Albertson (D10) |
| Title: |
WATER INFRASTRUCTURE DATABASE/TASK FORCE |
| Summary: |
An Act to Establish a Task Force to Develop a Plan for the Establishment and Maintenance of a Statewide Water and Wastewater Infrastructure Resource and Funding Database as Recommended by the Legislative Study Commission on Water and Wastewater Infrastructure. |
| Cospons: |
Hoyle (D43) |
| Status: |
05/20/2010 - Senate Committee On Agriculture/Environment/Natural Resources |
| Position: |
Support |
| Bill: |
SB1279 |
| Sponsors: |
Albertson (D10) |
| Title: |
SURVEY AG. WATER INFRASTRUCTURE NEEDS |
| Summary: |
An Act to Direct the Department of Agriculture and Consumer Services and the Division of Soil and Water Conservation in the Department of Environment and Natural Resources to Continue to Work with the Farm Bureau and Other Agricultural Leaders and Organizations to Develop a Plan to Identify and Report Agricultural Water Infrastructure Needs, as Recommended by the Legislative Study Commission on Water and Wastewater Infrastructure. |
| Cospons: |
Hoyle (D43) |
| Status: |
05/20/2010 - Senate Committee On Agriculture/Environment/Natural Resources |
| Position: |
Support |
| Notes: |
Good for utility contractors |
| Bill: |
SB1280 |
| Sponsors: |
Albertson (D10) |
| Title: |
FUNDS/MATCH FOR FED. WATER & WASTEWATER FUNDS |
| Summary: |
An Act to Appropriate Funds to the State's Water Infrastructure Fund to be Used to Match the Federal Funds Available for Water Supply and Wastewater Needs, as Recommended by the Legislative Study Commission on Water and Wastewater Infrastructure. |
| Cospons: |
Hoyle (D43); Atwater (D18) |
| Status: |
05/20/2010 - Senate Committee On Appropriations/Base Budget |
| Bill: |
SB1281 |
| Sponsors: |
Albertson (D10) |
| Title: |
FUNDS/CLEAN WATER MANAGEMENT TRUST FUND |
| Summary: |
An Act to Appropriate Funds to the Clean Water Management Trust Fund to be Awarded as Grants for Certain Water and Wastewater Infrastructure Critical Needs, as Recommended by the Legislative Study Commission on Water and Wastewater Infrastructure. |
| Cospons: |
Hoyle (D43); Atwater (D18) |
| Status: |
05/20/2010 - Senate Committee On Appropriations/Base Budget |
| Position: |
Support |
| Bill: |
SB1282 |
| Sponsors: |
Albertson (D10) |
| Title: |
RURAL CENTER FUNDS/WATER INFRASTRUCTURE |
| Summary: |
An Act to Appropriate Funds to the Rural Economic Development Center for Critical Water and Wastewater Grants, as Recommended by the Legislative Study Commission on Water and Wastewater Infrastructure. |
| Cospons: |
Hoyle (D43); Atwater (D18) |
| Status: |
05/20/2010 - Senate Committee On Appropriations/Base Budget |
| Position: |
Support |
| Bill: |
SB1291 |
| Sponsors: |
Hoyle (D43) |
| Title: |
WATER INFRASTRUCTURE NEEDS/CLOSE INFO GAPS |
| Summary: |
An Act to Direct the Department of Environment and Natural Resources, in Conjunction with Other Interested Parties, to Develop a Statewide Survey to Supplement the Current Information Used to Assess the State's Water and Wastewater Infrastructure Needs and to Develop a Plan for Incorporating the Information Compiled from the United States Environmental Protection Agency Surveys into the State Water Supply Plan, as Recommended by the Legislative Study Commission on Water and Wastewater Infrastructure. |
| Cospons: |
Albertson (D10); Atwater (D18) |
| Status: |
06/07/2010 - House Committee On Water Resources and Infrastructure |
| Position: |
Support |
| Bill: |
SB1293 |
| Sponsors: |
Hoyle (D43) |
| Title: |
WATER FUNDING PRIORITIES |
| Summary: |
An Act to Modify the Common Criteria Applicable to Loans and Grants for Water and Wastewater Infrastructure Projects To: (1) Clarify that Leaking Waterlines are a Priority for Both Water Quality and Water Quantity Purposes; (2) Include Asset Management Planning, Regionalization, State Water Supply Planning, and Drought Management in the List of Common Criteria that Receive Priority for Funding; (3) Establish a Sliding Scale System for Determining the Priority Given to Projects that Exceed the High-Unit-Cost Threshold; and (4) Provide that a Project that Demonstrates It is not Practicable for the Project to Pursue Regionalization Based on Topography or Other Factors Shall be Given the Same Priority for Regionalization as a Project that Includes Regionalization, as Recommended by the Legislative Study Commission on Water and Wastewater Infrastructure. |
| Cospons: |
Albertson (D10); Atwater (D18) |
| Status: |
05/20/2010 - Senate Committee On Agriculture/Environment/Natural Resources |
| Position: |
Support |
| Notes: |
Good for utility contractors |
| Bill: |
SB1295 |
| Sponsors: |
Rucho (R39) |
| Title: |
MATTHEWS PUBLIC-PRIVATE PROJECTS |
| Summary: |
An Act Authorizing the Town of Matthews to Participate in Public-Private Projects Outside the Downtown Area. |
| Cospons: |
Clodfelter (D37); Goodall (R35); Graham (D40) |
| Status: |
05/20/2010 - Senate Committee On Finance |
| Position: |
Amend |
| Notes: |
Needs to be amended to protect payment and only apply to one project |
| Bill: |
SB1335 |
| Sponsors: |
Graham (D40) |
| Title: |
MECKLENBURG ENERGY EFFICIENCY/RENEWABLE |
| Summary: |
An Act Exempting Mecklenburg from Competitive Bidding Requirements When Letting Contracts Authorized by Its Board of Commissioners to Increase Energy Efficiency, and to Authorize that County to Enter into Leases for the Siting and Operation of Renewable Energy Facilities for Twenty Years Without Treating It as a Sale and Without Giving Notice by Publication. |
| Cospons: |
Rucho (R39); Clodfelter (D37); Goodall (R35) |
| Status: |
05/20/2010 - Senate Committee On Finance |
| Position: |
Oppose |
| Bill: |
SB1378 |
| Sponsors: |
Foriest (D24) |
| Title: |
BUILD NORTH CAROLINA'S FUTURE ACT |
| Summary: |
An Act to Create Jobs and Make North Carolina More Competitive Globally by Financing the Building of Engineering Education Facilities, the Enhancement and Repair of State Assets and Community College Assets, and Investment in Research and Job Training Equipment at Universities and Community Colleges. |
| Cospons: |
Hoyle (D43); Garrou (D32); Swindell (D11); Stevens, R. (R17); Nesbitt (D49); Atwater (D18); Jones, Ed (D4); Vaughan (D27); Stein (D16); Walters (D13) |
| Status: |
06/08/2010 - House Committee On Finance |
| Position: |
Support w/Amendments |
| Notes: |
Need to get out language with in-state bidding preferences. Bill is a dead duck. |
| Comments: |
SECTION 5. The Secretary of Administration is directed to develop a price matching preference for North Carolina bidders on contracts for projects financed by this act so that qualified North Carolina companies whose bid is within five percent (5%) of the lowest bid may be awarded the contract.
SECTION 6. The Department of Administration is directed to simplify the process of prequalification for publicly funded construction projects and to report to the Joint Legislative Commission on Governmental Operations on the steps it is taking to implement this objective by December 31, 2010.
Oppose Section 5; Interesting Section 6. Bill dead. |
| Bill: |
SB1407 |
| Sponsors: |
Boseman (D9) |
| Title: |
LOTTERY COMMISSION REGULATE VIDEO GAMING |
| Summary: |
An Act to Allow Video Gaming for the Purpose of Profit Sharing with the State of North Carolina. |
| Status: |
05/26/2010 - Senate Committee On Finance |
| Position: |
Support |
| Notes: |
Support because of infrastructure funding but bill is dead duck. |
|
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IBuild ®
