Agenda - 08-30-2007-4 - Laserfiche WebLink

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The North Carolilia League of Municipalities Page 11 of 16 House committee and ended the session in House Appropriations, remaining eligible for further consideration in 2008. SB 1271- Firefig/tter/EMS Payroll Deductio~:s requires employers to make payroll deductions for union dues upon the request of the employee for any firefighter/emergency medical services personnel organization that represents a majority of eligible employees in the employer's department; any law enforcement organization that has at least 2,000 members statewide; and any employee organization or association that has at least 2,000 members statewide, at least 500 of whom are law enforcement officers. The bill passed the Senate and remains eligible in 2008. SB 963 -City Firefighters/Over•tiute Pay also passed the Senate and remains eligible for further consideration. The bill is an attempt to enact into state law the provisions of the Federal Fair Labor Standards Act that apply to full-time paid firefighters. We believe the legislation is unnecessary and will only cause confusion. SB 990 -Workers' Corap/Firefighter Occupational Disease failed to advance and is ineligible for consideration in the short session. The legislation would have created a special presumption that respiratory disease, hypertension, heart disease, and certain cancers and infectious diseases are occupational diseases for firefighters employed by local governments that are covered by the workers' compensation act. The League opposed the legislation. Planning & Zoning Cell Towers and Radio Antennas-As introduced, SB 831- Wireless Telecoutmu~iications Facilities would have preempted municipal authority to determine where cell towers are located. After a concerted effort by municipal officials and League staff, the bill that was enacted preserves essential municipal authority. Local governments may not require information relating to the "business decisions" of wireless companies, but may review public safety, land use or zoning issues addressed in its adopted regulations, including aesthetics, landscaping, land-use based location priorities, structural design, setbacks and fall zones: Local governments may alson require applicants for new wireless facilities to evaluate the reasonable feasibility of collocating new antennas and equipment on an existing structure within the applicant's search ring. The bill creates a streamlined perniit approval process for collocations of wireless devices. For those collocations entitled to streamlined processing, local governments must inform applicants within 45 days of whether an application for a collocation is complete. Decisions on streamlined collocation applications must be issued within 45 "days. Consultants' fees are to be incorporated into a permit or application fee. The act is effective December 1, 2007. We thank Sen. David Hoyle, sponsor of the bill; for allowing us the time and opportunity to work out this much-improved version. HB I340 -Auiatenr Radio Antennas (SL 2007-147) requires any city or county ordinance that regulates the placement, screening or height of amateur radio antennas or support structures to reasonably accommodate amateur radio communications and represent the minimum practicable regulation necessary to accomplish its purpose. This is generally a codification in state law of a Federal Communications Commission ruling. The act also provides that the ordinance may not restrict antennas or support structures of amateur radio operators to 90 feet or lower unless necessary to achieve a clearly defined health, safety or aesthetic objective. Extraterritorial Jurisdiction-Legislation to allow residents of the extraterritorial jurisdiction to vote in municipal elections, HB 261-ETJ Votir:g, "remained in the House Rules Committee at the end of the session. Under General Assembly rules, it is not eligible for further consideration in the 2008 short session. Land Use Appeals-A bill to establish statutory procedures on the appeal of land use decisions passed the Senate and remains eligible in the short session. SB 212 -Lair[ Use Per~~:it Appeals would apply to appeals of quasi judicial decisions when the appeal is to the superior court and in the nature of certiorari. The bill would set forth rules and procedures regarding standing, intervention, the record on appeal, the scope of review, evidence, and other matters. It would also specify that quasi judicial decisions on whether to approve or deny subdivision plats are subject to these rules and procedures. In the interim between sessions, a committee of municipal attorneys will be reviewing the proposal. Solar Collectors-SB 670 -Use of Solar Collectors (SL 2007-279) provides that city ordinances, county ordinances, deed restrictions, covenants, and other similar agreements cannot prohibit nor have the effect of prohibiting the installation of solar collectors. The act permits regulating the location or screening of solar collectors, provided the ordinance does not have the effect of preventing the reasonable use of a solar collector for a detached single-family residence. The act further permits the prohibition of solar collectors in certain enumerated instances. State Buildings-SB 1313 -Zoning Near State Capitol requires the consent of the Council of State in order for any zoning ordinance to apply to state-owned buildings within six blocks of the State Capitol. http://www.nchn.org/Legal/Bulletin/2007/08-24-07.htm 8/28/2007