North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S671 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-S 1
4-SENATE BILL 671
3+S D
4+SENATE BILL DRS15294-SVfa-5
5+
56
67
78 Short Title: Helene Rev. Replace./Locals; Prop Tax Relief. (Public)
89 Sponsors: Senators Hise, Moffitt, and Daniel (Primary Sponsors).
9-Referred to: Rules and Operations of the Senate
10-March 26, 2025
11-*S671 -v-1*
10+Referred to:
11+
12+*DRS15294 -SVfa-5*
1213 A BILL TO BE ENTITLED 1
1314 AN ACT TO ESTABLISH A GRANT PROGRAM TO PROVIDE GRANTS AS REVENUE 2
1415 REPLACEMENT TO LOCAL GOVERNMENTS THAT EXPERIENCED REVENUE 3
1516 LOSS FROM PROPERTY TAXES, SALES AND USE TAXES, AND WATER AND 4
1617 SEWER RECEIPTS AS THE RESULT OF HURRICANE HELENE AND TO PROVIDE 5
1718 INTEREST RELIEF ON PROPERTY TAXES FOR PROPERTY OWNERS WHO 6
1819 SUSTAINED A CERTAIN LEVEL OF PROPERTY DAMAGE AS THE RESULT OF 7
1920 HURRICANE HELENE. 8
2021 The General Assembly of North Carolina enacts: 9
2122 SECTION 1.(a) Program; Purpose; Use. – The Department of Revenue is authorized 10
2223 to create and administer the Helene Local Government Revenue Replacement Grant Program 11
2324 (Program). The purpose of the Program is to provide grants to local governments in western 12
2425 North Carolina that experienced revenue loss from property taxes, sales and use taxes, and water 13
2526 and sewer receipts as a result of Hurricane Helene. A local government that is awarded a grant 14
2627 under this section may use the funds for any public purpose. 15
2728 SECTION 1.(b) Definitions. – The following definitions apply in this section: 16
2829 (1) Eligible applicant. – A local government that can show qualified revenue loss. 17
2930 Notwithstanding G.S. 105-472, a county is not eligible for a grant for sales 18
3031 and use tax revenue loss if it changes the method of distribution for the fiscal 19
3132 year beginning July 1, 2025. 20
3233 (2) Local government. – Either of the following: 21
3334 a. A county that qualified for individual and public assistance under 22
3435 FEMA-4827-DR federal major disaster declaration as of September 23
3536 28, 2024. 24
3637 b. A municipality located, in part or in whole, in one of the counties 25
3738 described in sub-subdivision a. of this subdivision. 26
3839 (3) Non-Helene local governments. – All counties, and municipalities within 27
3940 those counties, exclusive of those counties that qualified for individual and 28
4041 public assistance under FEMA-4827-DR federal major disaster declaration as 29
4142 of September 28, 2024. 30
4243 (4) Property tax revenue loss. – The difference, if negative, between the estimated 31
4344 real property tax revenue from storm-damaged property based on the 32
4445 appraised value of the storm-damaged property as of January 1 multiplied by 33
4546 the property tax rate in effect for the taxable year beginning July 1, 2024, and 34
4647 the estimated real property tax revenue for taxable year beginning July 1, 35
47-2024, from storm-damaged property based on the appraised value of the 36 General Assembly Of North Carolina Session 2025
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48+2024, from storm-damaged property based on the appraised value of the 36
49+FILED SENATE
50+Mar 25, 2025
51+S.B. 671
52+PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
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4954 storm-damaged property as of January 1, 2024, multiplied by the property tax 1
5055 rate in effect for the taxable year beginning July 1, 2024. This term applies to 2
5156 property tax revenue losses for each taxable year, beginning on July 1, 2025, 3
5257 until the county's next scheduled reappraisal under G.S. 105-286 as of January 4
5358 1, 2025. 5
5459 (5) Qualified revenue loss. – The sum of all of the following: 6
5560 a. Property tax revenue loss. 7
5661 b. Sales and use tax revenue loss. 8
5762 c. Water and sewer fee revenue loss. 9
5863 (6) Sales and use tax revenue loss. – The difference, if negative, between (i) the 10
5964 local government's total amount of sales and use tax distributions for a quarter, 11
6065 adjusted by the percentage change in total sales and use distributions to 12
6166 non-Helene local governments for the same quarter, and (ii) the local 13
6267 government's total amount of sales and use tax distributions for the same 14
6368 quarter of the prior year, except for the fourth quarter of 2025. For the fourth 15
6469 quarter of 2025, the difference, if negative, between (i) the local government's 16
6570 total amount of sales and use tax distributions for that quarter, adjusted by the 17
6671 percentage change in total sales and use distributions to non-Helene local 18
6772 governments for the same quarter, and (ii) the local government's total amount 19
6873 of sales and use tax distributions for the same quarter of 2023. This term 20
6974 applies to sales and use tax revenue losses beginning with the fourth quarter 21
7075 of 2024 and through the fourth quarter of 2025. 22
7176 (7) Storm-damaged property. – Any real property that was revalued in accordance 23
7277 with G.S. 105-287 and was determined to have a decrease in value, as of 24
7378 January 1, 2025, due to the impact of Hurricane Helene. 25
7479 (8) Water and sewer fee revenue loss. – To the extent the local government 26
7580 operates a water and sewer system, the difference, if negative, between (i) the 27
7681 water and sewer revenue collected for a quarter from customers that 28
7782 experienced a service disruption due to Hurricane Helene, and (ii) the revenue 29
7883 collected for the same quarter of the prior year from those same customers, 30
7984 except for the fourth quarter of 2025. For the fourth quarter of 2025, the 31
8085 difference, if negative, between that quarter and the same quarter of 2023. 32
8186 This term applies to water and sewer fee revenue losses beginning with the 33
8287 fourth quarter of 2024 and through the fourth quarter of 2025. 34
8388 SECTION 1.(c) Grant Amount; Application Process; Application Periods. – An 35
8489 eligible applicant may apply for a grant in the amount of the eligible applicant's qualified revenue 36
8590 loss for the applicable application period. To receive a grant, a local government must timely file 37
8691 an application with the Department of Revenue in accordance with the application periods 38
8792 described below on a form and in the method prescribed by the Department and must include any 39
8893 supporting documentation required by the Department. The Department may accept applications 40
8994 until the funds available under this program have been fully awarded. The application periods 41
9095 are as follows: 42
9196 (1) First application period. – The first application period is for a grant for 43
9297 qualified revenue loss that includes (i) property tax revenue loss for the 44
9398 taxable year beginning July 1, 2025, (ii) sales and use tax revenue loss for the 45
9499 fourth quarter of 2024, and (iii) water and sewer fee revenue loss for the fourth 46
95100 quarter of 2024. To apply for a grant for qualified revenue loss for this period, 47
96101 an eligible applicant must file an application within 60 days of the effective 48
97102 date of this section. 49
98103 (2) Second application period. – The second application period is for a grant for 50
99104 qualified revenue loss that includes (i) sales and use tax revenue loss for the 51 General Assembly Of North Carolina Session 2025
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101106 second quarter of 2025 and (ii) water and sewer fee revenue loss for the second 1
102107 quarter of 2025. To apply for a grant for qualified revenue loss for this period, 2
103108 an eligible applicant must file an application by August 31, 2025. 3
104109 (3) Third application period. – The third application period is for a grant for 4
105110 qualified revenue loss that includes (i) sales and use tax revenue loss for the 5
106111 third quarter of 2025 and (ii) water and sewer fee revenue loss for the third 6
107112 quarter of 2025. To apply for a grant for qualified revenue loss for this period, 7
108113 an eligible applicant must file an application by November 30, 2025. 8
109114 (4) Fourth application period. – The fourth application period for a grant is for 9
110115 qualified revenue loss that includes (i) property tax revenue loss for the 10
111116 taxable year beginning July 1, 2026, (ii) sales and use tax revenue loss for the 11
112117 fourth quarter of 2025, and (iii) water and sewer fee revenue loss for the fourth 12
113118 quarter of 2025. To apply for a grant for qualified revenue loss for this period, 13
114119 an eligible applicant must file an application by February 28, 2026. 14
115120 (5) Subsequent application period. – A subsequent application period is for a 15
116121 grant for qualified revenue loss that includes property tax revenue loss for a 16
117122 taxable year beginning on or after July 1, 2027. An eligible applicant must file 17
118123 an application by the last day of February prior to the beginning of the taxable 18
119124 year for which the grant is sought. 19
120125 SECTION 1.(d) Allocation of Funds for the Helene Local Government Revenue 20
121126 Replacement Grant Program. – There is appropriated from the General Fund to the Department 21
122127 of Revenue the sum of forty million dollars ($40,000,000) in nonrecurring funds for the 22
123128 2025-2026 fiscal year to be allocated for the Helene Local Government Revenue Replacement 23
124129 Grant Program and to be used as provided in this section. The Department of Revenue may use 24
125130 up to eight hundred thousand dollars ($800,000) of the funds allocated in this subsection for the 25
126131 administration of this section, including the outreach described in subsection (e) of this section. 26
127132 The Department shall remit any funds remaining after disposition of all timely filed applications 27
128133 under this section to the Office of State Budget and Management which shall deposit the funds 28
129134 into the General Fund. Amounts deposited into the Reserve under this section are receipts that 29
130135 do not constitute an "appropriation made by law," as that phrase is used in Section 7(1) of Article 30
131136 V of the North Carolina Constitution. 31
132137 SECTION 1.(e) Outreach. – The Department of Revenue, in consultation with the 32
133138 North Carolina Association of County Commissioners and the League of Municipalities, is 33
134139 directed to inform and educate local governments that may be eligible to apply for the grants 34
135140 provided by this section as soon as practicable to facilitate the awareness of access to the grants 35
136141 provided by this section. 36
137142 SECTION 1.(f) Report. – The Department must report annually by March 1 of each 37
138143 year to the chairs of the House and Senate Appropriations Committee and the Fiscal Research 38
139144 Division of the General Assembly the following information: 39
140145 (1) The local governments that applied for and received grants under this section. 40
141146 (2) The total amount of each grant awarded and the amount awarded for each type 41
142147 of revenue loss covered by the grant. 42
143148 SECTION 2.(a) Relief from Interest on Property Tax. – Real and personal property 43
144149 that both (i) is located in the affected area, as defined in Section 1A.4 of S.L. 2024-57, and (ii) 44
145150 sustained damage as a result of Hurricane Helene for which the property owner received 45
146151 compensation in excess of forty-two thousand dollars ($42,000) in the form of State or federal 46
147152 disaster relief or insurance proceeds, or a combination thereof, is designated a special class of 47
148153 property under Article V, Section 2(2) of the North Carolina Constitution and is eligible to have 48
149154 interest accruing on the property administered in accordance with this section. Notwithstanding 49
150155 G.S. 105-360, interest that (i) accrues for the period of January 7, 2025, through December 31, 50
151156 2026, and (ii) is attributable to an underpayment of property tax on qualifying real or personal 51 General Assembly Of North Carolina Session 2025
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153158 property due on September 1, 2024, shall not be collected or, to the extent it is collected, shall be 1
154159 carried forward as a credit against the property tax due the following year. This section does not 2
155160 apply to classified motor vehicles. 3
156161 SECTION 2.(b) Application for Relief. – A property owner claiming eligibility for 4
157162 interest relief in accordance with this section must file an application with the assessor of the 5
158163 county in which the property is situated. The application must contain a complete and accurate 6
159164 statement of the facts that entitle the property to the interest relief and must include 7
160165 documentation substantiating the minimum compensation required as payment or reimbursement 8
161166 for property damage. Application forms must be made available by the assessor. A property 9
162167 owner has the burden of establishing that the property is entitled to the relief provided under this 10
163168 section. In order to be considered, an application must be filed no later than October 1, 2026. 11
164169 Untimely applications shall not be considered. 12
165170 SECTION 3. This act is effective when it becomes law. 13