13 | 13 | | A BILL TO BE ENTITLED 1 |
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14 | 14 | | AN ACT TO ENACT THE HOUSING CHOICE ACT. 2 |
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15 | 15 | | The General Assembly of North Carolina enacts: 3 |
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16 | 16 | | SECTION 1. Article 9 of Chapter 160D of the General Statutes is amended by 4 |
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17 | 17 | | adding a new Part to read: 5 |
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18 | 18 | | "Part 7. Municipal Land-Use Regulation Strategies. 6 |
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19 | 19 | | "§ 160D-980. Land-use regulation strategies. 7 |
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20 | 20 | | (a) A municipality with less than 100,000 residents may adopt, by ordinance or policy, 8 |
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21 | 21 | | the following provisions to be eligible for priority consideration under G.S. 159G-23: 9 |
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22 | 22 | | (1) Permit, by right, multifamily residential development in all districts zoned for 10 |
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23 | 23 | | residential use. 11 |
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24 | 24 | | (2) Identify and utilize local funding subsidies or other sources of revenue to 12 |
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25 | 25 | | waive construction-related fees for the construction of low- or 13 |
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26 | 26 | | moderate-income housing. 14 |
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27 | 27 | | (3) Allow multifamily residential dwellings compatible in scale and form with 15 |
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28 | 28 | | detached single-family residential dwellings within mixed-use zones. 16 |
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29 | 29 | | (4) Allow the development of at least one, internal or detached accessory dwelling 17 |
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30 | 30 | | unit, with owner-occupancy of the primary dwelling required, in all residential 18 |
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31 | 31 | | zoning districts that allow the development of single-family dwellings, which 19 |
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32 | 32 | | conform to the North Carolina Residential Code for One- and Two-Family 20 |
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33 | 33 | | Dwellings. 21 |
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34 | 34 | | (5) Preserve existing low- or moderate-income housing by creating and utilizing 22 |
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35 | 35 | | a landlord incentive program or establishing a locally funded housing loss 23 |
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36 | 36 | | mitigation fund. 24 |
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37 | 37 | | (6) Implement home-buyers education services for first-time homebuyers. 25 |
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38 | 38 | | (b) A municipality with 100,000 or more residents may adopt, by ordinance or policy, 26 |
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39 | 39 | | the following provisions to be eligible for priority consideration under G.S. 159G-23: 27 |
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40 | 40 | | (1) Establish a minimum gross density of four units per acre across all residential 28 |
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41 | 41 | | zoning districts that allow single-family dwellings. 29 |
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42 | 42 | | (2) Allow the development of at least one, internal or detached accessory dwelling 30 |
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43 | 43 | | unit, with owner-occupancy of the primary dwelling required, in all residential 31 |
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44 | 44 | | zoning districts that allow the development of single-family dwellings, which 32 |
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45 | 45 | | conform to the North Carolina Residential Code for One- and Two-Family 33 |
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46 | 46 | | Dwellings. 34 |
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49 | 52 | | (4) Allow multifamily residential dwellings, including duplexes and triplexes, in 1 |
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50 | 53 | | any zoning district that allows single-family dwellings. 2 |
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51 | 54 | | (5) Demonstrate a thirty percent (30%) increase in building permit issuance over 3 |
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52 | 55 | | a 12-month time period. 4 |
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53 | 56 | | (6) Allow multifamily residential development in nonresidential zoning districts 5 |
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54 | 57 | | that are within 1/4 mile of major transit investment corridors, commercial 6 |
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55 | 58 | | centers, or employment centers. 7 |
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56 | 59 | | (7) Eliminate multifamily building height restrictions of less than three stories in 8 |
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57 | 60 | | zoning districts designated as transit-oriented districts. 9 |
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58 | 61 | | (8) Identify and utilize local funding subsidies or other sources of revenue to 10 |
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59 | 62 | | waive construction-related fees for the construction of moderate-income 11 |
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60 | 63 | | housing. 12 |
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61 | 64 | | (9) Allow multifamily residential dwellings compatible in scale and form with 13 |
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62 | 65 | | detached single-family residential dwellings within mixed-use zoning 14 |
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63 | 66 | | districts. 15 |
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64 | 67 | | (10) Preserve existing moderate-income housing by creating and utilizing a 16 |
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65 | 68 | | landlord incentive program or establishing a housing loss mitigation fund. 17 |
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66 | 69 | | (11) Enter into a joint acquisition agreement with another local political 18 |
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67 | 70 | | subdivision for the purpose of combining resources to acquire property for 19 |
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68 | 71 | | low- to moderate-income housing. 20 |
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69 | 72 | | (12) Demonstrate utilization of a moderate-income housing set aside from a 21 |
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70 | 73 | | community reinvestment agency, redevelopment agency, or community 22 |
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71 | 74 | | development and renewal agency to create or subsidize moderate-income 23 |
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72 | 75 | | housing." 24 |
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73 | 76 | | SECTION 2. G.S. 159G-23 reads as rewritten: 25 |
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74 | 77 | | "§ 159G-23. Priority consideration for loan or grant from Wastewater Reserve or Drinking 26 |
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75 | 78 | | Water Reserve. 27 |
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76 | 79 | | The considerations for priority in this section apply to a loan or grant from the Wastewater 28 |
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77 | 80 | | Reserve or the Drinking Water Reserve. The Division of Water Infrastructure must consider the 29 |
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78 | 81 | | following items when evaluating applications: 30 |
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79 | 82 | | (1) Public necessity. – A project that promotes public health and protects the 31 |
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80 | 83 | | environment, improves a system that is not in compliance with permit 32 |
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81 | 84 | | requirements or is under orders from the Department, enables a moratorium 33 |
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82 | 85 | | to be lifted, or replaces failing septic tanks with a wastewater collection 34 |
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83 | 86 | | system. 35 |
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84 | 87 | | (2) Effect on impaired waters. – A project that improves designated impaired 36 |
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85 | 88 | | waters of the State, with greater priority given to projects that improve 37 |
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86 | 89 | | designated impaired waters of the State that serve as a public water supply for 38 |
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87 | 90 | | a large public water system. For purposes of this subdivision, a large public 39 |
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88 | 91 | | water system is one serving more than 175,000 service connections. 40 |
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89 | 92 | | (3) Efficiency. – A project that achieves efficiencies in meeting the State's water 41 |
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90 | 93 | | infrastructure needs or reduces vulnerability to drought consistent with Part 42 |
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91 | 94 | | 2A of Article 21 and Article 38 of Chapter 143 of the General Statutes by one 43 |
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92 | 95 | | of the following methods: 44 |
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93 | 96 | | a. The combination of two or more wastewater or public water systems 45 |
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94 | 97 | | into a regional wastewater or public water system by merger, 46 |
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95 | 98 | | consolidation, or another means. 47 |
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96 | 99 | | b. Conservation or reuse of water, including bulk water reuse facilities 48 |
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97 | 100 | | and waterlines to supply reuse water for irrigation and other approved 49 |
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98 | 101 | | uses. 50 General Assembly Of North Carolina Session 2025 |
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100 | 103 | | c. Construction of an interconnection between water systems intended 1 |
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101 | 104 | | for use in drought or other water shortage emergency. 2 |
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102 | 105 | | d. Repair or replacement of leaking waterlines to improve water 3 |
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103 | 106 | | conservation and efficiency or to prevent contamination. 4 |
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104 | 107 | | e. Replacement of meters and installation of new metering systems. 5 |
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105 | 108 | | (4) Comprehensive land-use plan. – A project that is located in a city or county 6 |
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106 | 109 | | that has adopted or has taken significant steps to adopt a comprehensive 7 |
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107 | 110 | | land-use plan under Chapter 160D of the General Statutes. The existence of a 8 |
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108 | 111 | | plan has more priority than steps taken to adopt a plan, such as adoption of a 9 |
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109 | 112 | | zoning ordinance. A plan that exceeds the minimum State standards for 10 |
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110 | 113 | | protection of water resources has higher priority than one that does not. A 11 |
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111 | 114 | | project is considered to be located in a city or county if it is located in whole 12 |
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112 | 115 | | or in part in that unit. A land-use plan is not considered a comprehensive 13 |
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113 | 116 | | land-use plan unless it has provisions that protect existing water uses and 14 |
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114 | 117 | | ensure compliance with water quality standards and classifications in all 15 |
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115 | 118 | | waters of the State affected by the plan. 16 |
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116 | 119 | | (5) Flood hazard ordinance. – A project that is located in a city or county that has 17 |
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117 | 120 | | adopted a flood hazard prevention ordinance under G.S. 143-215.54A. A plan 18 |
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118 | 121 | | that exceeds the minimum standards under G.S. 143-215.54A for a flood 19 |
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119 | 122 | | hazard prevention ordinance has higher priority than one that does not. A 20 |
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120 | 123 | | project is considered to be located in a city or county if it is located in whole 21 |
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121 | 124 | | or in part in that unit. If no part of the service area of a project is located within 22 |
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122 | 125 | | the 100-year floodplain, the project has equal consideration under this 23 |
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123 | 126 | | subdivision as if it were located in a city or county that has adopted a flood 24 |
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124 | 127 | | hazard prevention ordinance. The most recent maps prepared pursuant to the 25 |
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125 | 128 | | National Flood Insurance Program or approved by the Department determine 26 |
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126 | 129 | | whether an area is within the 100-year floodplain. 27 |
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127 | 130 | | (6) Sound management. – A project submitted by a local government unit that has 28 |
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128 | 131 | | demonstrated a willingness and ability to meet its responsibilities through 29 |
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129 | 132 | | sound fiscal policies and efficient operation and management. 30 |
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130 | 133 | | (6a) Asset management plan. – A project submitted by a local government unit 31 |
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131 | 134 | | with more than 1,000 service connections that has developed and is 32 |
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132 | 135 | | implementing an asset management plan. 33 |
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133 | 136 | | (7) Capital improvement plan. – A project that implements the applicant's capital 34 |
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134 | 137 | | improvement plan for the wastewater system or public water system it 35 |
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135 | 138 | | manages, so long as the capital improvement plan sets out the applicant's 36 |
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136 | 139 | | expected water infrastructure needs for at least 10 years. 37 |
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137 | 140 | | (8) Coastal habitat protection. – A project that implements a recommendation of 38 |
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138 | 141 | | a Coastal Habitat Protection Plan adopted by the Environmental Management 39 |
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139 | 142 | | Commission, the Coastal Resources Commission, and the Marine Fisheries 40 |
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140 | 143 | | Commission pursuant to G.S. 143B-279.8. If no part of the service area of a 41 |
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141 | 144 | | project is located within a county subject to that Plan, the project has equal 42 |
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142 | 145 | | priority under this subdivision with a project that receives priority under this 43 |
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143 | 146 | | subdivision. 44 |
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144 | 147 | | (9) Affordability. – The relative affordability of a project for a community 45 |
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145 | 148 | | compared to other communities in North Carolina. 46 |
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146 | 149 | | (10) Merger and Regionalization. – A project to provide for the planning of 47 |
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147 | 150 | | regional public water and wastewater systems, to provide for the orderly 48 |
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148 | 151 | | coordination of local actions relating to public water and wastewater systems, 49 |
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149 | 152 | | or to help realize economies of scale in regional public water and wastewater 50 |
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150 | 153 | | systems through consolidation, management, merger, or interconnection of 51 General Assembly Of North Carolina Session 2025 |
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152 | 155 | | public water and wastewater systems. If an applicant demonstrates that it is 1 |
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153 | 156 | | not feasible for the project to include regionalization, the funding agency shall 2 |
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154 | 157 | | assign the project the same priority under this subdivision as a project that 3 |
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155 | 158 | | includes regionalization. 4 |
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156 | 159 | | (11) Improve regional coordination. – A project that addresses a potential conflict 5 |
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157 | 160 | | between local plans or implements a measure in which local water supply 6 |
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158 | 161 | | plans could be better coordinated. 7 |
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159 | 162 | | (12) Water conservation measures for drought. – A project that includes adoption 8 |
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160 | 163 | | of water conservation measures by a local government unit that are more 9 |
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161 | 164 | | stringent than the minimum water conservation measures required pursuant to 10 |
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162 | 165 | | G.S. 143-355.2. 11 |
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163 | 166 | | (13) Low-income residents. – A project that is located in an area annexed by a 12 |
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164 | 167 | | municipality under Article 4A of Chapter 160A of the General Statutes in 13 |
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165 | 168 | | order to provide water or sewer services to low-income residents. 14 |
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166 | 169 | | (14) Disproportionate burden to protect water supply of higher-wealth neighboring 15 |
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167 | 170 | | local government unit. – Wastewater system improvements made by a local 16 |
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168 | 171 | | government unit in order to protect or preserve the water supply of a 17 |
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169 | 172 | | neighboring local government unit that has a lower poverty rate, lower utility 18 |
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170 | 173 | | bills, higher population growth, higher median household incomes, and lower 19 |
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171 | 174 | | unemployment. 20 |
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172 | 175 | | (15) Land-use regulation strategies. – A municipality with less than 100,000 21 |
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173 | 176 | | residents that can demonstrate the adoption of at least two of the land-use 22 |
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174 | 177 | | provisions in G.S. 160D-980(b) or a municipality with 100,000 or more 23 |
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175 | 178 | | residents that can demonstrate the adoption of at least five of the land-use 24 |
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176 | 179 | | provisions in G.S. 160D-980(c)." 25 |
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177 | 180 | | SECTION 3. The State Water Infrastructure Authority (Authority) shall create and 26 |
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178 | 181 | | provide a form or application for municipalities to demonstrate compliance with the land-use 27 |
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179 | 182 | | regulation strategies outlined in this act. The Authority may establish deadlines for submission 28 |
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180 | 183 | | of the form or application and shall determine compliance with any requirements or criteria to be 29 |
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181 | 184 | | considered eligible for prioritization for water infrastructure funding. A municipality may submit 30 |
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182 | 185 | | the form or application once annually, and subsequent eligibility shall only be considered and 31 |
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183 | 186 | | certified based upon new data or adoption of new land-use regulation strategies. 32 |
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184 | 187 | | SECTION 4.(a) The Legislative Research Commission (LRC) shall study, in 33 |
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185 | 188 | | collaboration with various municipalities, counties, and regional councils of government, the 34 |
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186 | 189 | | housing needs for the current and future residents of the State. The LRC shall, as a part of its 35 |
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187 | 190 | | study, establish methods for calculating regional housing needs, existing housing stock estimates, 36 |
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188 | 191 | | housing shortages, and an estimate of the number of housing units needed to accommodate the 37 |
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189 | 192 | | anticipated population growth of the State through 2050. 38 |
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190 | 193 | | SECTION 4.(b) The LRC shall report its findings and any legislative proposals to 39 |
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191 | 194 | | the 2025 General Assembly no later than by the convening of the 2026 Regular Session. 40 |
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192 | 195 | | SECTION 5. This act is effective when it becomes law. 41 |
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