12 | 13 | | A BILL TO BE ENTITLED 1 |
---|
13 | 14 | | AN ACT TO ESTABLISH A GRANT PROGRAM TO PROVIDE GRANTS AS REVENUE 2 |
---|
14 | 15 | | REPLACEMENT TO LOCAL GOVERNMENTS THAT EXPERIENCED REVENUE 3 |
---|
15 | 16 | | LOSS FROM PROPERTY TAXES, SALES AND USE TAXES, AND WATER AND 4 |
---|
16 | 17 | | SEWER RECEIPTS AS THE RESULT OF HURRICANE HELENE AND TO PROVIDE 5 |
---|
17 | 18 | | INTEREST RELIEF ON PROPERTY TAXES FOR PROPERTY OWNERS WHO 6 |
---|
18 | 19 | | SUSTAINED A CERTAIN LEVEL OF PROPERTY DAMAGE AS THE RESULT OF 7 |
---|
19 | 20 | | HURRICANE HELENE. 8 |
---|
20 | 21 | | The General Assembly of North Carolina enacts: 9 |
---|
21 | 22 | | SECTION 1.(a) Program; Purpose; Use. – The Department of Revenue is authorized 10 |
---|
22 | 23 | | to create and administer the Helene Local Government Revenue Replacement Grant Program 11 |
---|
23 | 24 | | (Program). The purpose of the Program is to provide grants to local governments in western 12 |
---|
24 | 25 | | North Carolina that experienced revenue loss from property taxes, sales and use taxes, and water 13 |
---|
25 | 26 | | and sewer receipts as a result of Hurricane Helene. A local government that is awarded a grant 14 |
---|
26 | 27 | | under this section may use the funds for any public purpose. 15 |
---|
27 | 28 | | SECTION 1.(b) Definitions. – The following definitions apply in this section: 16 |
---|
28 | 29 | | (1) Eligible applicant. – A local government that can show qualified revenue loss. 17 |
---|
29 | 30 | | Notwithstanding G.S. 105-472, a county is not eligible for a grant for sales 18 |
---|
30 | 31 | | and use tax revenue loss if it changes the method of distribution for the fiscal 19 |
---|
31 | 32 | | year beginning July 1, 2025. 20 |
---|
32 | 33 | | (2) Local government. – Either of the following: 21 |
---|
33 | 34 | | a. A county that qualified for individual and public assistance under 22 |
---|
34 | 35 | | FEMA-4827-DR federal major disaster declaration as of September 23 |
---|
35 | 36 | | 28, 2024. 24 |
---|
36 | 37 | | b. A municipality located, in part or in whole, in one of the counties 25 |
---|
37 | 38 | | described in sub-subdivision a. of this subdivision. 26 |
---|
38 | 39 | | (3) Non-Helene local governments. – All counties, and municipalities within 27 |
---|
39 | 40 | | those counties, exclusive of those counties that qualified for individual and 28 |
---|
40 | 41 | | public assistance under FEMA-4827-DR federal major disaster declaration as 29 |
---|
41 | 42 | | of September 28, 2024. 30 |
---|
42 | 43 | | (4) Property tax revenue loss. – The difference, if negative, between the estimated 31 |
---|
43 | 44 | | real property tax revenue from storm-damaged property based on the 32 |
---|
44 | 45 | | appraised value of the storm-damaged property as of January 1 multiplied by 33 |
---|
45 | 46 | | the property tax rate in effect for the taxable year beginning July 1, 2024, and 34 |
---|
46 | 47 | | the estimated real property tax revenue for taxable year beginning July 1, 35 |
---|
49 | 54 | | storm-damaged property as of January 1, 2024, multiplied by the property tax 1 |
---|
50 | 55 | | rate in effect for the taxable year beginning July 1, 2024. This term applies to 2 |
---|
51 | 56 | | property tax revenue losses for each taxable year, beginning on July 1, 2025, 3 |
---|
52 | 57 | | until the county's next scheduled reappraisal under G.S. 105-286 as of January 4 |
---|
53 | 58 | | 1, 2025. 5 |
---|
54 | 59 | | (5) Qualified revenue loss. – The sum of all of the following: 6 |
---|
55 | 60 | | a. Property tax revenue loss. 7 |
---|
56 | 61 | | b. Sales and use tax revenue loss. 8 |
---|
57 | 62 | | c. Water and sewer fee revenue loss. 9 |
---|
58 | 63 | | (6) Sales and use tax revenue loss. – The difference, if negative, between (i) the 10 |
---|
59 | 64 | | local government's total amount of sales and use tax distributions for a quarter, 11 |
---|
60 | 65 | | adjusted by the percentage change in total sales and use distributions to 12 |
---|
61 | 66 | | non-Helene local governments for the same quarter, and (ii) the local 13 |
---|
62 | 67 | | government's total amount of sales and use tax distributions for the same 14 |
---|
63 | 68 | | quarter of the prior year, except for the fourth quarter of 2025. For the fourth 15 |
---|
64 | 69 | | quarter of 2025, the difference, if negative, between (i) the local government's 16 |
---|
65 | 70 | | total amount of sales and use tax distributions for that quarter, adjusted by the 17 |
---|
66 | 71 | | percentage change in total sales and use distributions to non-Helene local 18 |
---|
67 | 72 | | governments for the same quarter, and (ii) the local government's total amount 19 |
---|
68 | 73 | | of sales and use tax distributions for the same quarter of 2023. This term 20 |
---|
69 | 74 | | applies to sales and use tax revenue losses beginning with the fourth quarter 21 |
---|
70 | 75 | | of 2024 and through the fourth quarter of 2025. 22 |
---|
71 | 76 | | (7) Storm-damaged property. – Any real property that was revalued in accordance 23 |
---|
72 | 77 | | with G.S. 105-287 and was determined to have a decrease in value, as of 24 |
---|
73 | 78 | | January 1, 2025, due to the impact of Hurricane Helene. 25 |
---|
74 | 79 | | (8) Water and sewer fee revenue loss. – To the extent the local government 26 |
---|
75 | 80 | | operates a water and sewer system, the difference, if negative, between (i) the 27 |
---|
76 | 81 | | water and sewer revenue collected for a quarter from customers that 28 |
---|
77 | 82 | | experienced a service disruption due to Hurricane Helene, and (ii) the revenue 29 |
---|
78 | 83 | | collected for the same quarter of the prior year from those same customers, 30 |
---|
79 | 84 | | except for the fourth quarter of 2025. For the fourth quarter of 2025, the 31 |
---|
80 | 85 | | difference, if negative, between that quarter and the same quarter of 2023. 32 |
---|
81 | 86 | | This term applies to water and sewer fee revenue losses beginning with the 33 |
---|
82 | 87 | | fourth quarter of 2024 and through the fourth quarter of 2025. 34 |
---|
83 | 88 | | SECTION 1.(c) Grant Amount; Application Process; Application Periods. – An 35 |
---|
84 | 89 | | eligible applicant may apply for a grant in the amount of the eligible applicant's qualified revenue 36 |
---|
85 | 90 | | loss for the applicable application period. To receive a grant, a local government must timely file 37 |
---|
86 | 91 | | an application with the Department of Revenue in accordance with the application periods 38 |
---|
87 | 92 | | described below on a form and in the method prescribed by the Department and must include any 39 |
---|
88 | 93 | | supporting documentation required by the Department. The Department may accept applications 40 |
---|
89 | 94 | | until the funds available under this program have been fully awarded. The application periods 41 |
---|
90 | 95 | | are as follows: 42 |
---|
91 | 96 | | (1) First application period. – The first application period is for a grant for 43 |
---|
92 | 97 | | qualified revenue loss that includes (i) property tax revenue loss for the 44 |
---|
93 | 98 | | taxable year beginning July 1, 2025, (ii) sales and use tax revenue loss for the 45 |
---|
94 | 99 | | fourth quarter of 2024, and (iii) water and sewer fee revenue loss for the fourth 46 |
---|
95 | 100 | | quarter of 2024. To apply for a grant for qualified revenue loss for this period, 47 |
---|
96 | 101 | | an eligible applicant must file an application within 60 days of the effective 48 |
---|
97 | 102 | | date of this section. 49 |
---|
98 | 103 | | (2) Second application period. – The second application period is for a grant for 50 |
---|
99 | 104 | | qualified revenue loss that includes (i) sales and use tax revenue loss for the 51 General Assembly Of North Carolina Session 2025 |
---|
101 | 106 | | second quarter of 2025 and (ii) water and sewer fee revenue loss for the second 1 |
---|
102 | 107 | | quarter of 2025. To apply for a grant for qualified revenue loss for this period, 2 |
---|
103 | 108 | | an eligible applicant must file an application by August 31, 2025. 3 |
---|
104 | 109 | | (3) Third application period. – The third application period is for a grant for 4 |
---|
105 | 110 | | qualified revenue loss that includes (i) sales and use tax revenue loss for the 5 |
---|
106 | 111 | | third quarter of 2025 and (ii) water and sewer fee revenue loss for the third 6 |
---|
107 | 112 | | quarter of 2025. To apply for a grant for qualified revenue loss for this period, 7 |
---|
108 | 113 | | an eligible applicant must file an application by November 30, 2025. 8 |
---|
109 | 114 | | (4) Fourth application period. – The fourth application period for a grant is for 9 |
---|
110 | 115 | | qualified revenue loss that includes (i) property tax revenue loss for the 10 |
---|
111 | 116 | | taxable year beginning July 1, 2026, (ii) sales and use tax revenue loss for the 11 |
---|
112 | 117 | | fourth quarter of 2025, and (iii) water and sewer fee revenue loss for the fourth 12 |
---|
113 | 118 | | quarter of 2025. To apply for a grant for qualified revenue loss for this period, 13 |
---|
114 | 119 | | an eligible applicant must file an application by February 28, 2026. 14 |
---|
115 | 120 | | (5) Subsequent application period. – A subsequent application period is for a 15 |
---|
116 | 121 | | grant for qualified revenue loss that includes property tax revenue loss for a 16 |
---|
117 | 122 | | taxable year beginning on or after July 1, 2027. An eligible applicant must file 17 |
---|
118 | 123 | | an application by the last day of February prior to the beginning of the taxable 18 |
---|
119 | 124 | | year for which the grant is sought. 19 |
---|
120 | 125 | | SECTION 1.(d) Allocation of Funds for the Helene Local Government Revenue 20 |
---|
121 | 126 | | Replacement Grant Program. – There is appropriated from the General Fund to the Department 21 |
---|
122 | 127 | | of Revenue the sum of forty million dollars ($40,000,000) in nonrecurring funds for the 22 |
---|
123 | 128 | | 2025-2026 fiscal year to be allocated for the Helene Local Government Revenue Replacement 23 |
---|
124 | 129 | | Grant Program and to be used as provided in this section. The Department of Revenue may use 24 |
---|
125 | 130 | | up to eight hundred thousand dollars ($800,000) of the funds allocated in this subsection for the 25 |
---|
126 | 131 | | administration of this section, including the outreach described in subsection (e) of this section. 26 |
---|
127 | 132 | | The Department shall remit any funds remaining after disposition of all timely filed applications 27 |
---|
128 | 133 | | under this section to the Office of State Budget and Management which shall deposit the funds 28 |
---|
129 | 134 | | into the General Fund. Amounts deposited into the Reserve under this section are receipts that 29 |
---|
130 | 135 | | do not constitute an "appropriation made by law," as that phrase is used in Section 7(1) of Article 30 |
---|
131 | 136 | | V of the North Carolina Constitution. 31 |
---|
132 | 137 | | SECTION 1.(e) Outreach. – The Department of Revenue, in consultation with the 32 |
---|
133 | 138 | | North Carolina Association of County Commissioners and the League of Municipalities, is 33 |
---|
134 | 139 | | directed to inform and educate local governments that may be eligible to apply for the grants 34 |
---|
135 | 140 | | provided by this section as soon as practicable to facilitate the awareness of access to the grants 35 |
---|
136 | 141 | | provided by this section. 36 |
---|
137 | 142 | | SECTION 1.(f) Report. – The Department must report annually by March 1 of each 37 |
---|
138 | 143 | | year to the chairs of the House and Senate Appropriations Committee and the Fiscal Research 38 |
---|
139 | 144 | | Division of the General Assembly the following information: 39 |
---|
140 | 145 | | (1) The local governments that applied for and received grants under this section. 40 |
---|
141 | 146 | | (2) The total amount of each grant awarded and the amount awarded for each type 41 |
---|
142 | 147 | | of revenue loss covered by the grant. 42 |
---|
143 | 148 | | SECTION 2.(a) Relief from Interest on Property Tax. – Real and personal property 43 |
---|
144 | 149 | | that both (i) is located in the affected area, as defined in Section 1A.4 of S.L. 2024-57, and (ii) 44 |
---|
145 | 150 | | sustained damage as a result of Hurricane Helene for which the property owner received 45 |
---|
146 | 151 | | compensation in excess of forty-two thousand dollars ($42,000) in the form of State or federal 46 |
---|
147 | 152 | | disaster relief or insurance proceeds, or a combination thereof, is designated a special class of 47 |
---|
148 | 153 | | property under Article V, Section 2(2) of the North Carolina Constitution and is eligible to have 48 |
---|
149 | 154 | | interest accruing on the property administered in accordance with this section. Notwithstanding 49 |
---|
150 | 155 | | G.S. 105-360, interest that (i) accrues for the period of January 7, 2025, through December 31, 50 |
---|
151 | 156 | | 2026, and (ii) is attributable to an underpayment of property tax on qualifying real or personal 51 General Assembly Of North Carolina Session 2025 |
---|
153 | 158 | | property due on September 1, 2024, shall not be collected or, to the extent it is collected, shall be 1 |
---|
154 | 159 | | carried forward as a credit against the property tax due the following year. This section does not 2 |
---|
155 | 160 | | apply to classified motor vehicles. 3 |
---|
156 | 161 | | SECTION 2.(b) Application for Relief. – A property owner claiming eligibility for 4 |
---|
157 | 162 | | interest relief in accordance with this section must file an application with the assessor of the 5 |
---|
158 | 163 | | county in which the property is situated. The application must contain a complete and accurate 6 |
---|
159 | 164 | | statement of the facts that entitle the property to the interest relief and must include 7 |
---|
160 | 165 | | documentation substantiating the minimum compensation required as payment or reimbursement 8 |
---|
161 | 166 | | for property damage. Application forms must be made available by the assessor. A property 9 |
---|
162 | 167 | | owner has the burden of establishing that the property is entitled to the relief provided under this 10 |
---|
163 | 168 | | section. In order to be considered, an application must be filed no later than October 1, 2026. 11 |
---|
164 | 169 | | Untimely applications shall not be considered. 12 |
---|
165 | 170 | | SECTION 3. This act is effective when it becomes law. 13 |
---|