North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S736 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-S 1
4-SENATE BILL 736
3+S D
4+SENATE BILL DRS45326-MCxf-177
5+
56
67
78 Short Title: Foundation Act: Building NC's Housing Future. (Public)
89 Sponsors: Senators Garrett, Grafstein, and Bradley (Primary Sponsors).
9-Referred to: Rules and Operations of the Senate
10-March 26, 2025
11-*S736 -v-1*
10+Referred to:
11+
12+*DRS45326 -MCxf-177*
1213 A BILL TO BE ENTITLED 1
1314 AN ACT TO COMPREHENSIVELY ADDRESS HOUSING AFFORDABILITY AND 2
1415 ACCESSIBILITY ISSUES AND NEEDS IN THE STATE . 3
1516 The General Assembly of North Carolina enacts: 4
1617 5
1718 PART I. HOUSING FINANCE AGENCY ENHANCEMENT 6
1819 SECTION 1.1.(a) G.S. 122A-8 reads as rewritten: 7
1920 "§ 122A-8. Bonds and notes. 8
2021 The Agency is hereby authorized to provide for the issuance, at one time or from time to time, 9
2122 of bonds and notes of the Agency to carry out and effectuate its corporate purposes. The Agency 10
2223 also is hereby authorized to provide for the issuance, at one time or from time to time of (i) bond 11
2324 anticipation notes in anticipation of the issuance of such bonds and (ii) construction loan notes 12
2425 to finance the making or purchase of mortgage loans to sponsors of residential housing for the 13
2526 construction, rehabilitation or improvement of residential housing. The total amount of bonds, 14
2627 bond anticipation notes, and construction loan notes outstanding at any one time shall not exceed 15
2728 twelve billion dollars ($12,000,000,000) eighteen billion dollars ($18,000,000,000) excluding 16
2829 therefrom any bond anticipation notes for the payment of which bonds have been issued. The 17
2930 principal of and the interest on such bonds or notes shall be payable solely from the funds herein 18
3031 provided for such payment. Any such notes may be made payable from the proceeds of bonds or 19
3132 renewal notes or, in the event bond or renewal note proceeds are not available, such notes may 20
3233 be paid from any available revenues or assets of the Agency. The bonds or notes of each issue 21
3334 shall be dated and may be made redeemable before maturity at the option of the Agency at such 22
3435 price or prices and under such terms and conditions as may be determined by the Agency. Any 23
3536 such bonds or notes shall bear interest at such rate or rates as may be determined by the Local 24
3637 Government Commission of North Carolina with the approval of the Agency. Notes shall mature 25
3738 at such time or times not exceeding 10 years from their date or dates and bonds shall mature at 26
3839 such time or times not exceeding 43 years from their date or dates, as may be determined by the 27
3940 Agency. The Agency shall determine the form and manner of execution of the bonds or notes, 28
4041 including any interest coupons to be attached thereto, and shall fix the denomination or 29
4142 denominations and the place or places of payment of principal and interest, which may be any 30
4243 bank or trust company within or without the State. In case any officer whose signature or a 31
4344 facsimile of whose signature shall appear on any bonds or notes or coupons attached thereto shall 32
4445 cease to be such officer before the delivery thereof, such signature or such facsimile shall 33
4546 nevertheless be valid and sufficient for all purposes the same as if he had remained in office until 34
4647 such delivery. The Agency may also provide for the authentication of the bonds or notes by a 35
47-trustee or fiscal agent. The bonds or notes may be issued in coupon or in registered form, or both, 36 General Assembly Of North Carolina Session 2025
48-Page 2 Senate Bill 736-First Edition
48+trustee or fiscal agent. The bonds or notes may be issued in coupon or in registered form, or both, 36
49+FILED SENATE
50+Mar 25, 2025
51+S.B. 736
52+PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
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4954 as the Agency may determine, and provision may be made for the registration of any coupon 1
5055 bonds or notes as to principal alone and also as to both principal and interest, and for the 2
5156 reconversion into coupon bonds or notes of any bonds or notes registered as to both principal and 3
5257 interest, and for the interchange of registered and coupon bonds or notes. Upon the filing with 4
5358 the Local Government Commission of North Carolina of a resolution of the Agency requesting 5
5459 that its bonds and notes be sold, such bonds or notes may be sold in such manner, either at public 6
5560 or private sale, and for such price as the Commission shall determine to be for the best interest 7
5661 of the Agency and best effectuate the purposes of this Chapter, as long as the sale is approved by 8
5762 the Agency. 9
5863 The proceeds of any bonds or notes shall be used solely for the purposes for which issued 10
5964 and shall be disbursed in such manner and under such restrictions, if any, as the Agency may 11
6065 provide in the resolution authorizing the issuance of such bonds or notes or in the trust agreement 12
6166 hereinafter mentioned securing the same. 13
6267 Prior to the preparation of definitive bonds, the Agency may, under like restrictions, issue 14
6368 interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds 15
6469 when such bonds shall have been executed and are available for delivery. The Agency may also 16
6570 provide for the replacement of any bonds or notes which shall become mutilated or shall be 17
6671 destroyed or lost. 18
6772 Bonds or notes may be issued under the provisions of this Chapter without obtaining, except 19
6873 as otherwise expressly provided in this Chapter, the consent of any department, division, 20
6974 commission, board, body, bureau or agency of the State, and without any other proceedings or 21
7075 the happening of any conditions or things other than those proceedings, conditions or things 22
7176 which are specifically required by this Chapter and the provisions of the resolution authorizing 23
7277 the issuance of such bonds or notes or the trust agreement securing the same." 24
7378 SECTION 1.1.(b) G.S. 105-228.30 reads as rewritten: 25
7479 "§ 105-228.30. Imposition of excise tax; distribution of proceeds. 26
7580 (a) An excise tax is levied on each instrument by which any interest in real property is 27
7681 conveyed to another person. The tax rate is (i) one dollar ($1.00) on each five hundred dollars 28
7782 ($500.00) or fractional part thereof of the consideration or value of the interest conveyed up to 29
7883 five hundred thousand dollars ($500,000) and (ii) one dollar ($1.00) on each four hundred dollars 30
7984 ($400.00) or fractional part thereof of any remaining consideration or value of the interest 31
8085 conveyed. The transferor must pay the tax to the register of deeds of the county in which the real 32
8186 estate is located before recording the instrument of conveyance. If the instrument transfers a 33
8287 parcel of real estate lying in two or more counties, however, the tax must be paid to the register 34
8388 of deeds of the county in which the greater part of the real estate with respect to value lies. 35
8489 The excise tax on instruments imposed by this Article applies to timber deeds and contracts 36
8590 for the sale of standing timber to the same extent as if these deeds and contracts conveyed an 37
8691 interest in real property. 38
8792 (b) The register of deeds of each county must remit the proceeds of the tax levied by this 39
8893 section to the county finance officer. The finance officer of each county must credit one-half of 40
8994 the proceeds of the tax levied at a rate of two-tenths of one percent (0.2%) to the county's general 41
9095 fund and remit the remaining one-half of the proceeds, less taxes refunded and the county's 42
9196 allowance for administrative expenses, to the Department of Revenue on a monthly basis. A 43
9297 county may retain two percent (2%) of the amount of tax proceeds of the tax levied at a rate of 44
9398 two-tenths of one percent (0.2%) allocated for remittance to the Department of Revenue as 45
9499 compensation for the county's cost in collecting and remitting the State's share of the tax. The 46
95100 Department of Revenue shall credit the funds remitted to the Department of Revenue under this 47
96101 subsection to the General Fund." 48
97102 SECTION 1.1.(c) Offset by the increase of the excise tax, as provided in subsection 49
98103 (b) of this section, there is appropriated from the General Fund to the Housing Finance Agency 50
99104 the recurring sum of five million dollars ($5,000,000) for each fiscal year of the 2025-2027 fiscal 51 General Assembly Of North Carolina Session 2025
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101106 biennium to be allocated to a Housing Innovation Office established by the Housing Finance 1
102107 Agency. The Housing Innovation Office shall use funds appropriated in this section for (i) 2
103108 administrative and operational costs and (ii) research and implementation of housing solutions, 3
104109 including technical assistance, grants, loans, and other measures designed to address the housing 4
105110 crisis by supporting the construction and maintenance of affordable, supportive, and sustainable 5
106111 homes and developing innovative funding models and building techniques. 6
107112 SECTION 1.1.(d) Subsection (b) of this section becomes effective July 1, 2025, and 7
108113 applies to conveyances made on or after that date. Subsection (c) of this section becomes 8
109114 effective July 1, 2025. The remainder of this section is effective when it becomes law. 9
110115 SECTION 1.2.(a) There is appropriated from the General Fund to the Housing Trust 10
111116 Fund established under G.S. 122E-3 the recurring sum of fifty million dollars ($50,000,000) for 11
112117 each fiscal year of the 2025-2027 fiscal biennium to be used (i) for the purposes set forth in that 12
113118 statute and (ii) in the discretion of the Housing Finance Authority, for a program, using a 13
114119 competitive application process, to provide funds to local housing authorities, local housing trust 14
115120 funds, or other entities that have the primary purpose, and agree to use the funds for, loans, grants, 15
116121 or both for construction and maintenance of affordable housing units in the State. The Office 16
117122 shall develop an application process and detailed guidelines applicable to assistance derived from 17
118123 the funding provided in, and to accomplish the purposes of the program. Funding for the program 18
119124 is reserved for properties meeting all of the following requirements: 19
120125 (1) Financial assistance to an area served by a local housing trust fund does not 20
121126 exceed two million dollars ($2,000,000). 21
122127 (2) The local housing trust fund contributes one dollar ($1.00) of private funds 22
123128 for every dollar of assistance received from the Office. 23
124129 SECTION 1.2.(b) Part 2 of Article 4 of Chapter 105 of the General Statutes is 24
125130 amended by adding a new section to read: 25
126131 "§ 105-153.12. Credit for housing trust fund donations. 26
127132 (a) Credit. – A taxpayer who makes a qualified contribution is allowed a credit against 27
128133 the tax imposed by this Part in an amount equal to thirty percent (30%) of the donation. For 28
129134 purposes of this section, a qualified contribution is a monetary donation (i) to the Housing Trust 29
130135 Fund established pursuant to G.S. 122E-3 in the Housing Finance Agency and (ii) for the 30
131136 construction, maintenance, or both of affordable housing. 31
132137 (b) Reserved. 32
133138 (c) Application. – To claim the credit provided in this section, an individual must file an 33
134139 application with the Secretary for the credit. The application must be filed on or before April 15 34
135140 of the year following the calendar year in which the qualified contribution was made. An 35
136141 application is effective for the year in which it is timely filed. The Secretary may not accept late 36
137142 applications under this subsection. The application must be on a form prescribed by the Secretary 37
138143 and include any information required by the Secretary demonstrating that the qualified 38
139144 contribution has met the conditions for the credit 39
140145 (d) Substantiation. – An individual claiming a credit under this section must maintain and 40
141146 make available for inspection by the Secretary any records the Secretary considers necessary to 41
142147 determine and verify the amount of the credit to which the individual is entitled. The burden of 42
143148 proving eligibility for the credit and the amount of the credit rests upon the individual, and no 43
144149 credit may be allowed to an individual that fails to maintain adequate records or to make them 44
145150 available for inspection. 45
146151 (e) Ceiling; Use Allocation. – The total aggregate amount of all credits allowed to 46
147152 taxpayers under this section for qualified contributions made in a taxable year may not exceed 47
148153 twenty million dollars ($20,000,000). The Secretary shall, first, fully fund any prorated credits 48
149154 in accordance with subsection (f) of this section and, second, if funds remain after fully funding 49
150155 prorated credits, reopen the application period for credits under this section for which funds have 50
151156 become available. If the Secretary reopens the application period and notwithstanding the 51 General Assembly Of North Carolina Session 2025
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153158 application deadline in subsection (c) of this section, the additional applications must be filed 1
154159 with the Secretary on or before October 15 of the year following the calendar year in which the 2
155160 qualified contribution was made. The Secretary may not accept late additional applications 3
156161 permitted under this subsection. The Secretary's determinations based on additional applications 4
157162 timely filed in accordance with this subsection are final. 5
158163 (f) Reduction. – The Secretary shall calculate the total amount of credits claimed from 6
159164 applications timely filed under subsection (c) of this section. If the total amount of credits claimed 7
160165 for qualified contributions made in a calendar year exceeds this maximum amount, the Secretary 8
161166 shall allow a portion of the credits claimed by allocating the maximum amount in credits in 9
162167 proportion to the size of the credit claimed by each taxpayer. If a credit claimed under this section 10
163168 is reduced as provided in this subsection, the Secretary shall notify the taxpayer of the amount of 11
164169 the reduction of the credit on or before December 31 of the year following the calendar year in 12
165170 which the qualified contribution was made. The Secretary's allocations based on applications 13
166171 filed under subsection (c) of this section are final and shall not be adjusted to account for credits 14
167172 applied for but not claimed. 15
168173 (g) Limitation. – The credit allowed under this section may not exceed the amount of tax 16
169174 imposed by this Part for the taxable year reduced by the sum of all credits allowable, except tax 17
170175 payments made by or on behalf of the taxpayer. 18
171176 (h) No double benefit. – A taxpayer who claims a credit under this section must add back 19
172177 to taxable income any amount deducted under the Code for the qualified contribution. A taxpayer 20
173178 who claims the credit allowed in this section may not, for the same qualified contribution, claim 21
174179 another credit allowed in this Part." 22
175180 SECTION 1.2.(c) Subsection (a) of this section is effective July 1, 2025. Subsection 23
176181 (b) of this section is effective for taxable years beginning on or after January 1, 2025, and applies 24
177182 to qualified contributions made on or after that date. The remainder of this section is effective 25
178183 when it becomes law. 26
179184 27
180185 PART II. HOUSING PRODUCTION AND AFFORDABILITY 28
181186 SECTION 2.1.(a) Article 9 of Chapter 160D of the General Statutes is amended by 29
182187 adding a new Part to read: 30
183188 "Part 1A. Housing Production and Affordability. 31
184189 "§ 160D-917. By right development for affordable housing. 32
185190 A local government shall allow by right, and without requiring a conditional use or special 33
186191 use permit, the following: 34
187192 (1) The development of at least one attached and one detached accessory dwelling 35
188193 unit which conforms to the North Carolina Residential Code for One- and 36
189194 Two-Family Dwellings, including applicable provisions from fire prevention 37
190195 codes, for each single-family detached dwelling in areas zoned for residential 38
191196 use that allow for development of single-family detached dwellings. An 39
192197 accessory dwelling unit may be built or sited concurrently or after the primary 40
193198 single-family detached dwelling has been constructed or sited. Nothing in this 41
194199 subdivision shall prohibit a local government from permitting accessory 42
195200 dwelling units in any area not otherwise required under this subdivision. 43
196201 (2) A development in an area zoned for residential use with at least 20 units per 44
197202 acre that is located with one-half (1/2) mile of a transit stop or that is within a 45
198203 transit-oriented development district or similar designation. 46
199204 "§ 160D-917.1. Administrative review of applications for development approvals for 47
200205 affordable housing developments. 48
201206 (a) Notwithstanding any provision of this Chapter to the contrary, (i) within 30 days of a 49
202207 local government's receipt of an application for development approval for a qualifying affordable 50
203208 development or within 60 days of a local government's receipt of an application for development 51 General Assembly Of North Carolina Session 2025
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205210 approval of a residential project with less than 100 units, the local government shall complete an 1
206211 administrative review of the application and any supporting documents and make an 2
207212 administrative decision that does one of the following: 3
208213 (1) Notifies the developer in writing that the application is complete and no 4
209214 further information is required for the local government to make a 5
210215 development approval determination. 6
211216 (2) Notifies the developer in writing that the application is deficient and provides 7
212217 the developer with a deficiency list, in writing, that identifies all of the 8
213218 following: 9
214219 a. Each deficiency. 10
215220 b. The specific law, ordinance, policy, or procedure used as the basis for 11
216221 each deficiency. 12
217222 c. A description of the action the local government would deem 13
218223 corrective for each deficiency identified. 14
219224 For purposes of this section, a "qualifying affordable development" is a residential or 15
220225 mixed-use development that (i) reserves at least twenty percent (20%) of total units for 16
221226 households earning eighty percent (80%) or less of the area median income (AMI), or reserves 17
222227 at least ten percent (10%) of total units for households earning sixty percent (60%) or less of 18
223228 AMI; (ii) maintains affordability restrictions through deed covenants for a minimum period of 19
224229 30 years; (iii) contains at least eight residential units; (iv) includes a binding commitment to 20
225230 accept housing choice vouchers; and (v) meets the minimum standards of habitability, safety, 21
226231 and quality of life for all established housing. 22
227232 (b) The notice under subdivision (2) of subsection (a) of this section may include local 23
228233 government recommendations pertaining to the development project but any recommendations 24
229234 must be clearly designated as recommended or advisory only and shall not be required as a 25
230235 condition for a development approval determination. 26
231236 (c) Upon a developer's receipt of a notice of a deficient application and a deficiency list 27
232237 under subdivision (2) of subsection (a) of this section, the developer may do any of the following: 28
233238 (1) Correct the deficient application and resubmit a corrected application to the 29
234239 local government. 30
235240 (2) Submit a written explanation for each deficiency and request another 31
236241 administrative review under this section that shall be completed by the local 32
237242 government within 10 business days and takes into consideration the written 33
238243 explanation. 34
239244 (3) Appeal the administrative decision as provided in G.S. 160D-405. 35
240245 (d) Within 10 business days of a local government's receipt of a corrected application 36
241246 under subdivision (1) of subsection (c) of this section, the local government shall notify the 37
242247 developer in writing whether the application (i) is complete and no further information is required 38
243248 for the local government to make a development approval determination or (ii) does not correct 39
244249 all the deficiencies identified in accordance with subdivision (2) of subsection (a) of this section. 40
245250 If the developer amended or altered the application with respect to matters that are unrelated to 41
246251 the deficiencies identified in accordance with subdivision (2) of subsection (a) of this section, the 42
247252 local government shall consider the corrected application a new application to be processed in 43
248253 accordance with subsection (a) of this section. 44
249254 (e) This section does not apply to permits submitted pursuant to G.S. 160D-1110.1. 45
250255 "§ 160D-917.2. Lot size and density for affordable housing. 46
251256 (a) Notwithstanding any provision of this Chapter to the contrary, a local government 47
252257 with a population greater than 10,000 may not establish a minimum lot size that is less than 48
253258 one-quarter (1/4) acre and may not establish a density requirement of less than eight units per 49
254259 acre for development approvals in areas zoned for residential use. 50 General Assembly Of North Carolina Session 2025
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256261 (b) A local government shall allow at least a thirty-five percent (35%) increase in density 1
257262 for projects where at least fifteen percent (15%) of the units are reserved for low-income 2
258263 residents. For the purposes of this subsection, "low-income residents" are those residents with a 3
259264 family income that is sixty percent (60%) or less of the area median family income." 4
260265 SECTION 2.1.(b) This Part becomes effective July 1, 2025. 5
261266 6
262267 PART III. HOME OWNERSHIP AND ACCESSIBILITY 7
263268 SECTION 3.1.(a) G.S. 105-153.5(b) and (c) reads as rewritten: 8
264269 "(b) Other Deductions. – In calculating North Carolina taxable income, a taxpayer may 9
265270 deduct from the taxpayer's adjusted gross income any of the following items that are included in 10
266271 the taxpayer's adjusted gross income: 11
267272 … 12
268273 (12a) The amount deposited during the taxable year, not to exceed fifteen thousand 13
269274 dollars ($15,000), to a first-time home buyer savings account to be used for 14
270275 eligible expenses by a qualified beneficiary. For purposes of this subdivision, 15
271276 the following definitions apply: 16
272277 a. Eligible expenses. – A downpayment and any closing costs included 17
273278 on a real estate settlement statement, including appraisal fees, 18
274279 mortgage origination fees, and inspection fees. 19
275280 b. First-time home buyer savings account. – An account with a qualified 20
276281 financial institution that has less than one hundred fifty thousand 21
277282 dollars ($150,000). 22
278283 c. Qualified beneficiary. – A first-time home buyer designated by an 23
279284 account holder for whom the money in a first-time home buyer savings 24
280285 account is or will be used for eligible expenses for the purchase of the 25
281286 qualified beneficiary's first primary residence, which is located in this 26
282287 State. 27
283288 d. Qualified financial institution. – A commercial bank in North Carolina 28
284289 with a charter, either from the Commissioner of Banks, for a State 29
285290 Charter, or from the Office of the Comptroller of the Currency, for a 30
286291 National Charter. 31
287292 … 32
288293 (c) Additions. – In calculating North Carolina taxable income, a taxpayer must add to the 33
289294 taxpayer's adjusted gross income any of the following items that are not included in the taxpayer's 34
290295 adjusted gross income: 35
291296 … 36
292297 (7a) The amount deducted in a prior taxable year to the extent this amount was 37
293298 withdrawn from a first-time home buyer savings account and not used to pay 38
294299 for eligible expenses of a qualified beneficiary in conformity with this section, 39
295300 unless the withdrawal was rolled over to another newly created first-time 40
296301 home buyer savings account. 41
297302 …." 42
298303 SECTION 3.1.(b) This section is effective for taxable years beginning on or after 43
299304 January 1, 2025. 44
300305 SECTION 3.2.(a) There is appropriated from the General Fund to the Housing 45
301306 Finance Agency the recurring sum of three million dollars ($3,000,000) for each fiscal year of 46
302307 the 2025-2027 fiscal biennium to be allocated to the NC 1st Home Advantage Down Payment 47
303308 Program administered by the Agency for uses consistent with that program. 48
304309 SECTION 3.2.(b) This section becomes effective July 1, 2025. 49
305310 SECTION 3.3.(a) There is appropriated from the General Fund to the Housing 50
306311 Finance Agency the recurring sum of ten million dollars ($10,000,000) for each fiscal year of the 51 General Assembly Of North Carolina Session 2025
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308313 2025-2027 fiscal biennium to be used for a program to establish new, and expand existing, 1
309314 community land trusts with the primary purpose of facilitating affordable homeownership by 2
310315 retaining ownership of the land and leasing it to homeowners who purchase the house on that 3
311316 land at below-market pricing. The Agency shall develop an application process and detailed 4
312317 guidelines applicable to the program to accomplish the purposes of, this section. Required 5
313318 guidelines for the program include, but are not limited to, the following: 6
314319 (1) Interest on the financing of the purchase of the house is provided at a low, 7
315320 fixed rate. 8
316321 (2) No private mortgage insurance is required. 9
317322 (3) Recipients are first-time home buyers. 10
318323 (4) Recipients provide at least three percent (3%) of the purchase price as a 11
319324 downpayment. 12
320325 (5) Recipients meet income and credit score limits, as established by the Agency. 13
321326 (6) Recipients have less than one hundred thousand dollars ($100,000) in total 14
322327 household assets, including checking accounts, savings accounts, stocks, and 15
323328 bonds, but not including retirement and college savings accounts. 16
324329 (7) Recipients agree to live in the property as the primary residence. 17
325330 SECTION 3.3.(b) This section becomes effective July 1, 2025. 18
326331 SECTION 3.4.(a) There is appropriated from the General Fund to the Department 19
327332 of Commerce the recurring sum of fifteen million dollars ($15,000,000) for each fiscal year of 20
328333 the 2025-2027 fiscal biennium to be used for the Rural Water Extension Program. The 21
329334 Department shall develop an application process and detailed guidelines applicable to the 22
330335 program. The program shall be open to rural communities with populations of 10,000 or less 23
331336 that apply to obtain technical assistance and necessary financing necessary for the purpose of 24
332337 developing drinking water and waste disposal systems to ensure safe drinking water and sanitary 25
333338 waste disposal systems for public health and economic vitality of rural communities of the State. 26
334339 SECTION 3.4.(b) This section becomes effective July 1, 2025. 27
335340 SECTION 3.5.(a) Article 4 of Chapter 105 of the General Statutes is amended by 28
336341 adding a new section to read: 29
337342 "§ 105-153.13. Credit for rural affordable rental housing. 30
338343 (a) Credit. – A taxpayer that is allowed for the taxable year a federal income tax credit 31
339344 for low-income housing under section 42 of the Code with respect to a qualified North Carolina 32
340345 low-income building located in a qualifying rural area, is allowed a credit under this section for 33
341346 each affordable rental unit for the taxable year within which the construction of the affordable 34
342347 rental unit is completed. The amount of the credit is equal to the lesser of twenty-five thousand 35
343348 dollars ($25,000) or thirty percent (30%) of the construction costs incurred. 36
344349 (b) Definitions. – The following definitions apply in this section: 37
345350 (1) Affordable rental unit. – A rental unit used as a permanent residence by an 38
346351 eligible renter and subject to permanent affordability restrictions. 39
347352 (2) Eligible renter. – An individual who occupies the affordable rental unit as a 40
348353 primary residence and is a person of lower income, as defined by G.S. 157-3 41
349354 (3) Permanent affordability restrictions. – Restrictions that have been 42
350355 permanently imposed by the Housing Finance Agency on an affordable rental 43
351356 units owned, operated, or managed by an appropriate nonprofit organization 44
352357 Permanent affordability restrictions imposed or required by the Agency 45
353358 pursuant to this subdivision may require a regulatory agreement with the 46
354359 Agency or other affordability restrictions in recorded documents, provided the 47
355360 Agency determines that such restrictions are enforceable and likely to be 48
356361 enforced. 49
357362 (4) Qualified North Carolina low-income building. – A building with between 50
358363 five and 18 affordable rental units. 51 General Assembly Of North Carolina Session 2025
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360365 (5) Qualifying rural area. – An area of the State with a population density of 50 1
361366 or fewer people per square mile in the taxable year in which the credit is 2
362367 claimed. 3
363368 (c) Limitation. – The credit allowed by this section may not exceed the amount of tax 4
364369 imposed by this Part for the taxable year reduced by the sum of all credits allowable, except 5
365370 payments of tax by or on behalf of the taxpayer. 6
366371 (d) No double benefit. – The credit allowed by this section does not apply to costs paid 7
367372 with funds provided to the taxpayer by a State or federal agency or program. A taxpayer who 8
368373 claims the credit allowed in this section may not, for the same activity, claim another credit 9
369374 allowed in this Part." 10
370375 SECTION 3.5.(b) This section is effective for taxable years beginning on or after 11
371376 January 1, 2025. 12
372377 SECTION 3.6.(a) There is appropriated from the General Fund to the Housing 13
373378 Finance Authority the recurring sum of ten million dollars ($10,000,000) for each fiscal year of 14
374379 the 2025-2027 fiscal biennium to be used for a manufactured home supply program. The 15
375380 program, using a competitive application process for units of local government, shall provide 16
376381 funding for loans, grants, or both for replacement and repair of manufactured homes. The Office 17
377382 shall develop an application process and detailed guidelines applicable to the program to 18
378383 maximize the beneficial impact of, and number of homes and families assisted with, funding 19
379384 provided. The process shall reserve funding for manufactured home assistance used as a primary 20
380385 residence by persons of lower income, as defined by G.S. 157-3 and shall prioritize funding for 21
381386 projects that maximize the number of families served. Financial assistance to a single 22
382387 manufactured home shall not exceed twenty-five thousand dollars ($25,000). 23
383388 SECTION 3.6.(b) This section becomes effective July 1, 2025. 24
384389 25
385390 PART IV. HURRICANE RECOVERY AND RESILIENCE 26
386391 SECTION 4.1.(a) There is appropriated from the General Fund to the Department 27
387392 of Public Safety, Office of Recovery and Resiliency (NCORR) the nonrecurring sum of one 28
388393 hundred fifty million dollars ($150,000,000) for the 2025-2026 fiscal year to be allocated and 29
389394 used as follows: 30
390395 (1) One hundred million dollars ($100,000,000) to establish an emergency 31
391396 housing response fund available to NCORR to respond to housing needs after, 32
392397 and due to the event on which is based, a major disaster declaration by the 33
393398 President of the United States under the Stafford Act (P.L. 93-288). The State 34
394399 Building Code Council shall adopt rules establishing an expedited permitting 35
395400 process and code flexibility for like-for-like disaster rebuilding. 36
396401 (2) Fifty million dollars ($50,000,000) to establish a voluntary buyout fund. 37
397402 Moneys in the fund shall be used to purchase homes undergoing, and located 38
398403 in areas subjected to, repeated flooding due to natural disasters. NCORR may 39
399404 purchase a qualifying home for up to one hundred ten percent (110%) of the 40
400405 pre-disaster fair market value of the home. 41
401406 SECTION 4.1.(b) This section becomes effective July 1, 2025. 42
402407 SECTION 4.2.(a) The Department of Insurance shall study the feasibility, and the 43
403408 best method of implementing, a low-interest loan program to provide loans to homeowners for 44
404409 costs associated with strengthening residential structures to withstand hurricanes. As part of its 45
405410 study, the Department shall investigate and recommend optimal loan terms, the administrative 46
406411 structure for the program, and limitations on loan amounts and on uses of loaned funds necessary 47
407412 to maximize safety and economic benefits and target funding support where need is greatest. The 48
408413 Department, as a further part of the study, shall include whether, and to what extent, to use loans 49
409414 to do one or more of the following: (i) supplement a quality wind-mitigation inspection by a 50
410415 licensed home inspector, (ii) create a report for the homeowner resulting from the inspection that 51 General Assembly Of North Carolina Session 2025
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412417 provides information to contractors and insurance companies of recommended improvements 1
413418 that will best improve and contribute to storm readiness and resilience, and (iii) offset the costs 2
414419 to homeowners of best practices for home improvements for storm resilience by licensed 3
415420 contractors, including, but not limited to, strengthening roof-to-deck attachments, reinforcing 4
416421 roof-to-wall connections, installation of secondary water resistance for roofs, window upgrades, 5
417422 and exterior door upgrades. In addition, the Department shall determine and make 6
418423 recommendations on appropriate levels of discounting insurance rates to further effectively 7
419424 incentivize homeowners to undertake implementation of identified enhanced resilience 8
420425 improvements for homes. The Department shall submit its report, including funding needs and 9
421426 any legislative proposals, to the General Assembly and the Fiscal Research Division no later than 10
422427 January 1, 2026. 11
423428 SECTION 4.2.(b) This section is effective when it becomes law. 12
424429 13
425430 PART V. HOUSING AFFORDABILITY AND FINANCING MECHANISMS 14
426431 SECTION 5.1. The Housing Innovation Office established by the Housing Finance 15
427432 Agency pursuant to Section 1.1 of this act shall study methods of incentivizing the construction 16
428433 of, and increasing the affordability of, housing options for rent or sale. As part of its study, the 17
429434 Office shall examine tax incentives to developers of, and renters and purchasers of, low-income 18
430435 housing; tax increment financing options; local and State bonding initiatives; public private 19
431436 partnerships to engage and maximize State or local dollars with private philanthropy; and any 20
432437 other financial, regulatory, or compliance measures the Office determines can reasonably be 21
433438 expected to increase the availability and affordability of low-income housing. The Office shall 22
434439 submit its report, including funding needs and any legislative proposals, to the General Assembly 23
435440 and the Fiscal Research Division no later than January 1, 2026. 24
436441 SECTION 5.2. Beginning January 1, 2025, and at least once every biennium 25
437442 thereafter, the State Auditor shall audit all housing programs administered a State agency having 26
438443 an annual budget of ten million dollars ($10,000,000) or more. 27
439444 SECTION 5.3. This Part is effective when it becomes law. 28
440445 29
441446 PART VI. ADAPTIVE REUSE AND CONVERSION 30
442447 SECTION 6.1.(a) Article 4 of Chapter 105 of the General Statutes is amended by 31
443448 adding a new section to read: 32
444449 "§ 105-153.14. Credit for short-term rental conversion to affordable housing. 33
445450 (a) Credit. – An owner of a hotel or motel providing lodging accommodations for pay 34
446451 located in this State with at least 30 rooms for short-term rental is allowed a credit against the tax 35
447452 imposed by this Part for each affordable rental unit created from the conversion of one or more 36
448453 rooms. The amount of the credit is equal to the lesser of (i) thirty percent (30%) of the cost of 37
449454 conversion or (ii) forty thousand dollars ($40,000). The credit is allowed for the taxable year 38
450455 within which the conversion is completed. 39
451456 (b) Definitions. – The following definitions apply in this section: 40
452457 (1) Affordable rental unit. – A rental unit used as a permanent residence by an 41
453458 eligible renter and subject to permanent affordability restrictions. 42
454459 (2) Eligible renter. – An individual who occupies the affordable rental unit as a 43
455460 primary residence and is a person of lower income, as defined by G.S. 157-3 44
456461 (3) Permanent affordability restrictions. – Restrictions that have been 45
457462 permanently imposed by the Housing Finance Agency on an affordable rental 46
458463 units owned, operated, or managed by an appropriate nonprofit organization 47
459464 Permanent affordability restrictions imposed or required by the Agency 48
460465 pursuant to this subdivision may require a regulatory agreement with the 49
461466 Agency or other affordability restrictions in recorded documents, provided the 50 General Assembly Of North Carolina Session 2025
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463468 Agency determines that such restrictions are enforceable and likely to be 1
464469 enforced. 2
465470 (c) Limitation. – The credit allowed by this section may not exceed the amount of tax 3
466471 imposed by this Part for the taxable year reduced by the sum of all credits allowable, except 4
467472 payments of tax by or on behalf of the taxpayer. 5
468473 (d) No double benefit. – The credit allowed by this section does not apply to costs paid 6
469474 with funds provided to the taxpayer by a State or federal agency or program. A taxpayer who 7
470475 claims the credit allowed in this section may not, for the same activity, claim another credit 8
471476 allowed in this Part." 9
472477 SECTION 6.1.(b) The State Building Code Council shall adopt rules establishing 10
473478 an expedited permitting process of no more than 45 days and code flexibility for the conversion 11
474479 of hotel and motel rooms into affordable rental units (i) for which a tax credit is allowed under 12
475480 G.S. 105-153.14, as enacted by subsection (a) of this section, and (ii) where the existing building 13
476481 footprint is maintained. The flexibility allowed in this section shall not amend any provisions 14
477482 required to maintain safety measures necessary but shall make allowances for any existing 15
478483 structural or other constraints applicable to motels and hotels but not applicable to residential 16
479484 structures. 17
480485 SECTION 6.1.(c) Subsection (a) of this section is effective for taxable years 18
481486 beginning on or after January 1, 2025. Subsection (b) of this section is effective when it becomes 19
482487 law. 20
483488 SECTION 6.2.(a) There is appropriated from the General Fund to the Housing 21
484489 Finance Agency the nonrecurring sum of two million dollars ($2,000,000) for the 2025-2026 22
485490 fiscal year to be used for an accommodation conversion program. The program, using 23
486491 competitive application process for developers, shall provide funding to offset certain costs 24
487492 involved in converting hotels and motels into affordable rental units for permanent housing. 25
488493 Costs which may be offset with funding appropriated in this subsection includes architectural 26
489494 and financial feasibility assessment assistance. The Agency shall develop an application process 27
490495 and detailed guidelines applicable to the program to maximize the number of affordable rental 28
491496 units resulting from the funding provided in this section. 29
492497 SECTION 6.2.(b) This section becomes effective July 1, 2025. 30
493498 31
494499 PART VII. TENANT PROTECTIONS AND RENTAL AFFORDABILITY 32
495500 SECTION 7.1(a) There is appropriated from the General Fund to the Housing 33
496501 Finance Agency the recurring sum of thirty million dollars ($30,000,000) for each fiscal year of 34
497502 the 2025-2027 fiscal biennium to be allocated to an Emergency Rental Assistance Fund 35
498503 established by the Housing Finance Agency. Funds in the Emergency Rental Assistance Fund 36
499504 shall be used to provide temporary rental and housing assistance to persons of low income, as 37
500505 defined in G.S. 157-3, and to persons experiencing homelessness. The temporary rental and 38
501506 housing assistance provided in this section shall be limited in duration and shall not exceed six 39
502507 consecutive months of provided assistance for any one person or family. 40
503508 SECTION 7.1.(b) This section becomes effective July 1, 2025. 41
504509 SECTION 7.2.(a) G.S. 7A-451 reads as rewritten: 42
505510 "§ 7A-451. Scope of entitlement. 43
506511 (a) An indigent person is entitled to services of counsel in the following actions and 44
507512 proceedings: 45
508513 … 46
509514 (20) Proceedings for summary ejectment actions brought under Articles 3 and 7 of 47
510515 Chapter 42 of the General Statutes." 48
511516 SECTION 7.2.(b) This section becomes effective October 1, 2025, and applies to 49
512517 actions for summary ejectment brought on or after that date. 50 General Assembly Of North Carolina Session 2025
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514519 SECTION 7.3.(a) Article 6 of Chapter 42 of the General Statutes is amended by 1
515520 adding a new section to read: 2
516521 "§ 42-57. Alternative Security Deposit Payment Options. 3
517522 (a) Definitions. – For the purposes of this section the following definitions apply: 4
518523 (1) Security deposit insurance. – A policy or bond issued by an insurer licensed 5
519524 to do business in this State, which guarantees payment to the landlord for 6
520525 damages or unpaid rent up to an amount equivalent to the security deposit 7
521526 otherwise required under G.S. 42-50 and this Article. 8
522527 (2) Installment payment plan. – An agreement between the landlord and tenant 9
523528 allowing the tenant to pay the security deposit in periodic payments over a 10
524529 specified term. 11
525530 (b) Tenant Options. – Instead of paying the full amount for a security deposit authorized 12
526531 by G.S. 42-50 at the commencement of the lease, a tenant may elect one of the following 13
527532 alternatives: 14
528533 (1) Installment payment plan. – The tenant may pay the security deposit in 15
529534 installments pursuant to a written installment payment plan agreed upon by 16
530535 the landlord and tenant. The plan shall include all of the following: 17
531536 a. The total amount of the security deposit, not to exceed the amount 18
532537 established by G.S. 42-51(b). 19
533538 b. A payment schedule not to exceed the lease term or six months from 20
534539 the commencement of the lease term, whichever is lesser. 21
535540 c. Signatures of both the landlord and the tenant. 22
536541 (2) Security deposit insurance. – The tenant may provide security deposit 23
537542 insurance as a substitute for a cash security deposit. The insurance policy or 24
538543 bond shall do all of the following: 25
539544 a. Name the landlord as the beneficiary or insured party. 26
540545 b. Remain in effect for the duration of the lease term, including any 27
541546 renewals or extensions, unless otherwise agreed by the landlord." 28
542547 SECTION 7.3.(b) This section is effective when it becomes law. 29
543548 30
544549 PART VIII. HOMELESSNESS PREVENTION AND SOLUTIONS 31
545550 SECTION 8.1(a) There is appropriated from the General Fund to the Housing 32
546551 Finance Agency the recurring sum of thirty-five million dollars ($35,000,000) for each fiscal 33
547552 year of the 2025-2027 fiscal biennium. The Housing Finance Agency shall work with local 34
548553 housing authorities to use the funds appropriated in this section to provide combined housing and 35
549554 wraparound services to persons and families experiencing homelessness. For purposes of this 36
550555 subsection, wraparound services means the collective components of comprehensive and 37
551556 individualized support for persons with serious mental health or behavioral challenges. 38
552557 SECTION 8.1.(b) There is appropriated from the General Fund to the Housing 39
553558 Finance Agency the sum of twenty million dollars ($20,000,000) in nonrecurring fund to be 40
554559 allocated to a Rapid Rehousing Program established by the Housing Finance Agency. The Rapid 41
555560 Rehousing Program shall work with the local housing authorities to use the funds appropriated 42
556561 in this section to provide temporary, short-term rental and housing assistance and case 43
557562 management services to persons experiencing homelessness. 44
558563 SECTION 8.1.(c) Notwithstanding any other provision in this section, funds 45
559564 appropriated in this Part may also be allocated by the Housing Finance Agency to any local 46
560565 housing authorities established under Chapter 157 of the General Statutes that request funds to 47
561566 establish coordinated entry systems designed to ensure that all people experiencing a housing 48
562567 crisis have fair and equal access to the rental and housing assistance provided for in this Part. 49
563568 The coordinated entry systems shall be designed to evaluate whether a person or family is 50
564569 qualified for the rental or housing assistance funded by this Part and shall ensure that individuals 51 General Assembly Of North Carolina Session 2025
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566571 and families are offered the most appropriate rental or housing assistance based on their needs. 1
567572 The Housing Finance Agency shall establish guidelines and a process for applying for the funds 2
568573 appropriated in this Part and may allocate the funds according to its discretion. 3
569574 SECTION 8.1.(d) This section becomes effective July 1, 2025. 4
570575 5
571576 PART IX. CONSTRUCTION WORKFORCE DEVELOPMENT 6
572577 SECTION 9.1.(a) Article 10 of Chapter 143B of the General Statutes is amended by 7
573578 adding a new Part to read: 8
574579 "Part 21A. Housing Advancement. 9
575580 "§ 143B-472.124. Housing innovation and affordability advancement. 10
576581 (a) Title. – This Part shall be known and may be cited as "The Housing Innovation and 11
577582 Affordability Advancement Act". 12
578583 (b) Definitions. – The following definitions apply in this Part. 13
579584 (1) Department. – The Department of Commerce. 14
580585 (2) Construction skilled trade. – Specialized careers requiring hands-on skills and 15
581586 training to build and maintain structures but not requiring a four-year degree. 16
582587 The term includes electricians, plumbers, carpenters, roofers, HVAC 17
583588 technicians, and other similar skills applicable to and used in the construction 18
584589 of residential structures. 19
585590 (3) Institution of higher education. – Any public university, community college, 20
586591 or technical training school in North Carolina offering programs in 21
587592 construction skilled trades. 22
588593 (c) Housing Construction Development Program. – There is established in the 23
589594 Department of Commerce the Housing Construction Development Program (Program). The 24
590595 Program shall be comprised of the following elements: 25
591596 (1) Workforce development. – In conjunction with The University of North 26
592597 Carolina and the Community Colleges System Office, the Department shall 27
593598 develop a grant program for institutions of higher education in this State to 28
594599 expedite and facilitate the expansion of home construction skilled trade 29
595600 training programs. The Department shall (i) develop guidelines for an 30
596601 application process for institutions of higher education for the allocation of 31
597602 funds granted pursuant to this section and (ii) prioritize awarding funds based 32
598603 on the degree to which the institution has shown in the application the 33
599604 following: 34
600605 a. A viable plan to partner and create learning synergies with industry 35
601606 leaders and employers to align training and real-world home 36
602607 construction needs. 37
603608 b. The funding will be used for home construction workforce needs, 38
604609 including construction skilled trades. 39
605610 (2) Apprenticeship development. – In conjunction with The University of North 40
606611 Carolina and the Community Colleges System Office, the Department shall 41
607612 develop a grant program for subsidizing the costs of qualifying employers for 42
608613 paid apprenticeship positions for students in institutions of higher education 43
609614 in the State in order to promote direct-to-hire pathways for participating 44
610615 students to be prepared for and immediately fill home construction industry 45
611616 workforce needs. A qualifying employer is an employer currently licensed as 46
612617 a contractor or subcontractor to construct or perform construction skilled 47
613618 trades in residential homes in the State. The Department shall (i) develop 48
614619 guidelines for an application process for qualifying employers for the 49
615620 allocation of funds granted pursuant to this section and (ii) prioritize awarding 50 General Assembly Of North Carolina Session 2025
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617622 funds based on the degree to which the employer has shown, in the application 1
618623 or otherwise, the following: 2
619624 a. A viable plan to partner and create learning synergies and pre- and 3
620625 post-graduation employment opportunities for students attending 4
621626 institutions of higher education in the State. 5
622627 b. The funding will be used to subsidize the total cost of the paid 6
623628 apprenticeship program created by the qualifying employer. 7
624629 c. The funding will not exceed two thousand five hundred dollars 8
625630 ($2,500) per participating apprentice. 9
626631 d. A history of hiring participating apprentices and students graduating 10
627632 in relevant fields from institutions of higher education. 11
628633 (3) Innovation assistance. – In conjunction with The University of North Carolina 12
629634 and the Community Colleges System Office, the Department shall develop a 13
630635 grant program for institutions of higher education in this State to offset costs 14
631636 of researching and developing (i) building methods that show potential to 15
632637 reduce construction time and costs, (ii) more affordable or sustainable 16
633638 materials, or (iii) pioneering construction techniques that save resources while 17
634639 maintaining or improving quality. The Department shall develop guidelines 18
635640 for an application process for institutions of higher education for the allocation 19
636641 of funds granted pursuant to this section." 20
637642 SECTION 9.1.(b) There is appropriated from the General Fund to the Department 21
638643 of Commerce the recurring sum of fifty million dollars ($50,000,000) for each fiscal year of the 22
639644 2025-2027 fiscal biennium for the Housing Construction Development Program established in 23
640645 G.S. 143B-472.124, as enacted by subsection (a) of this section, to be allocated as follows: 24
641646 (1) Fifteen million dollars ($15,000,000) to be used for workforce development 25
642647 purposes, as set forth in G.S. 143B-472.124(c)(1). 26
643648 (2) Ten million dollars ($10,000,000) to be used for innovation assistance 27
644649 purposes, as set forth in G.S. 143B-472.124(c)(3). 28
645650 (3) The remainder to be used for apprenticeship development purposes, as set 29
646651 forth in G.S. 143B-472.124(c)(2). 30
647652 SECTION 9.1.(c) This section becomes effective July 1, 2025. 31
648653 32
649654 PART X. FAIR HOUSING AND EQUITY 33
650655 SECTION 10.1.(a) There is appropriated from the General Fund to the North 34
651656 Carolina Human Relations Commission the recurring sum of three million dollars ($3,000,000) 35
652657 for each fiscal year of the 2025-2027 fiscal biennium. The funds appropriated in this section shall 36
653658 be used by the Human Relations Commission to actively investigate, identify, and report to the 37
654659 Attorney General discriminatory practices in the housing market that violate the State Fair 38
655660 Housing Act. 39
656661 SECTION 10.1.(b) There is appropriated from the General Fund to the Department 40
657662 of Commerce the recurring sum of twenty-five million dollars ($25,000,000) for each fiscal year 41
658663 of the 2025-2027 fiscal biennium to be allocated to a special account established by the 42
659664 Department to be known as the Equitable Development Account. Funds appropriated to the 43
660665 account shall be used to identify historically underinvested neighborhoods and provide funds to 44
661666 the local government units in which identified neighborhoods are located to construct, improve, 45
662667 and repair water, sewer, electrical, transportation, and other infrastructure. For purposes of this 46
663668 subsection, a historically underinvested neighborhood is one that faces persistent challenges due 47
664669 to discriminatory policies and practices resulting in limited access to resources and opportunities. 48
665670 SECTION 10.1.(c) This section becomes effective July 1, 2025. 49
666671 SECTION 10.2.(a) G.S. 160D-501 reads as rewritten: 50
667672 "§ 160D-501. Plans. 51 General Assembly Of North Carolina Session 2025
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669674 … 1
670675 (b) Comprehensive Plan Contents. – A comprehensive plan shall analyze, evaluate, and 2
671676 require the implementation of equitable distribution of affordable housing and may, among other 3
672677 topics, address any of the following as determined by the local government: 4
673678 (1) Issues and opportunities facing the local government, including consideration 5
674679 of trends, values expressed by citizens, community vision, and guiding 6
675680 principles for growth and development. 7
676681 (2) The pattern of desired growth and development and civic design, including 8
677682 the location, distribution, and characteristics of future land uses, urban form, 9
678683 utilities, and transportation networks. 10
679684 (3) Employment opportunities, economic development, and community 11
680685 development. 12
681686 (4) Acceptable levels of public services and infrastructure to support 13
682687 development, including water, waste disposal, utilities, emergency services, 14
683688 transportation, education, recreation, community facilities, and other public 15
684689 services, including plans and policies for provision of and financing for public 16
685690 infrastructure. 17
686691 (5) Housing with a range of types and affordability to accommodate persons and 18
687692 households of all types and income levels. 19
688693 (6) Recreation and open spaces. 20
689694 (7) Mitigation of natural hazards such as flooding, winds, wildfires, and unstable 21
690695 lands. 22
691696 (8) Protection of the environment and natural resources, including agricultural 23
692697 resources, mineral resources, and water and air quality. 24
693698 (9) Protection of significant architectural, scenic, cultural, historical, or 25
694699 archaeological resources. 26
695700 (10) Analysis and evaluation of implementation measures, including regulations, 27
696701 public investments, and educational programs. 28
697702 …." 29
698703 SECTION 10.2.(b) This section is effective when it becomes law. 30
699704 31
700705 PART XI. EFFECTIVE DATE 32
701706 SECTION 11. Except as otherwise provided, this act is effective when it becomes 33
702707 law. 34