HomeMy WebLinkAboutAgenda - 06-03-2008-4ddORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 3, 2008
Action Agend
Item No. -~~m~~~)
SUBJECT: Resolution Expressing Orange County's Position on One Legislative Item
Regarding Local Government Authority to Provide Development Incentives In
Exchange for Reductions In Energy Consumption
DEPARTMENT: County Manager PUBLIC HEARING: (YIN) No
ATTACHMENT(S):
Resolution with Exhibit
INFORMATION CONTACT:
Laura Blackmon, County Manager, 245-2300
PURPOSE: To approve a resolution expressing Orange County's position on one legislative
item regarding local government authority to provide development incentives in exchange for
reductions in energy consumption.
BACKGROUND: Senate Bill 1597 -Cary Energy Efficiency Incentive -was filed in the North
Carolina General Assembly on May 14, 2008. The bill seeks to allow certain cities and towns,
within their municipal and extraterritorial planning jurisdictions, to adopt ordinances to grant a
density bonus, make adjustments to otherwise applicable development requirements, or provide
other incentives to a developer within a local government's planning jurisdiction if the developer
agrees to construct new development or reconstruct existing development in a manner that the
municipality determines, based on generally recognized standards established for such
purposes, makes a significant contribution to the reduction of energy consumption.
After its introduction, Senate Bill 1597 was referred to the Senate Committee on State and
Local Government, and the Committee reported the bill favorably to the full Senate on May 28,
2008. The bill unanimously passed second reading on the Senate floor on May 29, 2008. The
bill currently designates the cities of Asheville, Charlotte, and Wilmington, and the towns of
Carrboro, Cary and Chapel Hill as the only jurisdictions authorized to provide incentives to a
developer within their planning jurisdictions if the developer agrees to construct new
development or reconstruct existing development in a manner that the municipality determines,
based on generally recognized standards established for such purposes, makes a significant
contribution to the reduction of energy consumption.
It should be noted that Senate Bill 1597 has a companion bill in the North Carolina House -
House Bill 2134. House Bill 2134 was introduced on May. 15, 2008 and was referred to the
House Committee on Local Government I on May 19th, but no further action has occurred. This
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companion bill authorizes the same jurisdictions as included in Senate Bill 1597 to provide
energy reduction development incentives.
It is proposed that the Board of Commissioners adopt the attached resolution:
1) Requesting that Orange County's legislative delegation support Senate Bill
1597 and any successor versions or other similar bills (Example: House Bill
2134) that seek to allow cities and towns, within their municipal and
extraterritorial planning jurisdictions, to adopt ordinances to grant a density
.bonus, make adjustments to otherwise applicable development requirements, or
provide other incentives to a developer within a local government's planning
jurisdiction if the developer agrees to construct new development or reconstruct
existing development in a manner that the municipality determines, based on
generally recognized standards established for such purposes, makes a
significant contribution to the reduction of energy consumption; and
2) Requesting that Orange County's legislative delegation seek to amend Senate
Bill 1597 and any successor versions or other similar bills (Example: House Bill
2134) to include language designating Orange County as an additional
authorized jurisdiction; or, in the alternative, to include language designating all
counties in North Carolina as authorized jurisdictions, providing the same
authority as is proposed for the designated cities and towns
If the BOCC reviews and approves the attached resolution, it is proposed that the resolution be
forwarded to Orange County's legislative delegation, leaders of the North Carolina General
Assembly, the sponsor and co-sponsor of Senate Bill 1597 (Senator Janet Cowell and Senator
Richard Stevens), and the North Carolina Association of County Commissioners.
FINANCIAL IMPACT: There is no financial impact associated with consideration of the
resolution.
RECOMMENDATION(S): The Manager recommends that the Board review the attached draft
resolution, make changes as necessary, approve the resolution, and authorize the Clerk to
forward the resolution to Orange County's legislative delegation, leaders of the North Carolina
General Assembly, the sponsor and co-sponsor of Senate Bill 1597 (Senator Janet Cowell and
Senator Richard Stevens), and the North Carolina Association of County Commissioners.
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NORTH CAROLINA
OR.A.NGE COUNTY
RESOLUTION REGARDING
LEGISLATIVE MATTERS
BE IT RESOLVED by the Board of County Commissioners of
Orange County that the Board hereby requests the Senator and
Representatives representing Orange County take the following
position and action on legislation regarding the following
matter:
1) Support Senate Bill 1597 - Cary Energy Efficiency
Incentive, a copy of the current version of which is
attached at Exhibit- A, and any successor versions or
other similar bills (Example: House Bill 2134) that seek
to allow cities and towns, within their municipal. and
extraterritorial planning jurisdictions, to adopt
ordinances to grant a density bonus, make adjustments to
otherwise applicable development requirements, or provide
other incentives to a developer within a local
government's planning jurisdiction if the developer
agrees to construct new development or reconstruct
existing development in a manner that the municipality
determines, based on generally recognized standards
established for such purposes, makes a significant
contribution to the reduction of energy consumption; AND
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2) AMEND Senate Bill 1597 and any successor versions or
other similar bills (Example: House Bill 2134) to include
language designating Orange County as an additional
authorized jurisdiction; or, in the alternative, to
include language designating all counties in North
Carolina as authorized jurisdictions, providing the same
authority as is proposed for the designated cities and
towns;
Upon motion of Commissioner
Commissioner
this the day of
2008.
I, Donna Baker, Clerk to the Board of Commissioners for the
County of Orange, North Carolina, DO HEREBY CERTIFY that the
foregoing is a true copy of so much of the proceedings of said
Board at a meeting held on
2008 as relates in any
way to the adoption of the foregoing and that said proceedings
are recorded in Minute Book No. of the minutes of said
Board.
WITNESS my hand and the seal of said County, this day
of 2008.
seconded by
the foregoing resolution was adopted
Clerk to the Board of Commissioner
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Senate Bill 1597*-First Edition
!~~ ~ ~ ~ ,~
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2007
S
SENATE BILL 1597*
Page 1 of 1
Short Title: Cary Energy Efficiency Incentive. (Local)
Sponsors: Senators Cowell and Stevens.
Referred to: State & Local Government.
May 15, 2008
A BILL TO BE ENTITLED
AN ACT TO AUTHORIZE THE TOWN OF GARY TO PROVIDE DEVELOPMENT
INCENTIVES IN EXCHANGE FOR REDUCTIONS IN ENERGY CONSUMPTION.
The General Assembly of North Carolina enacts:
SECTION 1. Sections 1 and 2 of S.L. 2007-241 read as rewritten:
"SECTION 1. Land-Use Development Incentives. Cities and towns, for the purpose of
reducing the amount of energy consumption by new development, and thereby promoting the
public health, safety, and welfare, may adopt ordinances to grant a density bonus, make
adjustments to otherwise applicable development requirements, or provide other incentives to a
developer within the municipality and its extraterritorial planning jurisdiction if the developer
agrees to construct new development or reconstruct existing development in a manner that the
municipality determines, based on generally recognized standards established for such purposes,
makes a significant contribution to the reduction of energy consumption.
"SECTION 2. This act applies only to the Cities of Asheville, Charlotte, and Wilmington,
and to the Towns of ~arrbere-Carrboro, Cary, and Chapel Hill."
SECTION 2. This act is effective when it becomes law.
http://www.ncga.state.nc.us/Sessions/2007/Bills/Senate/HTML/S 1597v1.htnnl 6/2/2008