City Manager's Office M E M O R a N D

CITY MANAGER’S OFFICE M E M O R A N D U M

April 18, 2019

TO: Marcus Jones, City Manager Jason Kay, Senior Assistant to the City Manager

FROM: Dana Fenton, Intergovernmental Relations Manager

SUBJECT: Week 11 State Legislative Report

Legislative Spring Break and Bill Filing Both the House and Senate will be taking a reprieve from legislative work this week and next. The House’s spring break began today and are scheduled to return on Thursday, April 25. The House may work Thursday, Friday and Saturday of next week. The Senate will have their break the week of April 22 – 26 and return on Monday, April 29.

The House’s deadline to introduce public bills that do not have financial and/or appropriations considerations passed on Tuesday, April 16. The next and final House deadline is for bills with financial or appropriations considerations next week on Thursday, April 25.

Developing Issues

Tax Relief: The Senate Finance Committee discussed the Tax Reduction Act of 2019 (SB 622 – Tillman) on Wednesday, April 17. The Committee will take it up again at its next meeting. This legislation extends the sunset date of the exemption from taxation of the “sales of aviation gasoline and jet fuel to an interstate air business for use in a commercial aircraft” from January 1, 2020 to January 1, 2024, and requires “marketplace facilitators” to collect and remit sales and use taxes to the State. After it is considered by the Finance Committee, SB 622 would be heard by Senate Rules. As you will read in the press coverage, click here and here, the Governor has signaled his unease with the bill.

Film: Representative John Autry introduced Reenact Film Credit (HB 751 – Autry) that would bring back the film credit program as it existed when it expired effective January 1, 2015. HB 751 would not be time limited (i.e. sunset date). One of the primary sponsors is Senior Chair of Appropriations Jason Saine. Similar legislation in the Senate filed by Senator Paul Lowe, Reenact Film Credit (SB 57 – Lowe), would reenact the same film credit program but have it sunset effective January 1, 2023. Page 2 April 18, 2019 Week 11 State Legislative Report

2019 State Legislative Agenda

Citizens Review Board: Representative Allen McNeill of Randolph County introduced public legislation entitled Citizens Review Board / Law Enforcement (HB 916 – McNeill) that proposes statewide standards for the powers and duties, qualifications and appointment of members, and reporting requirements of Citizens Review Boards created by local governments. Many of the qualification requirements in HB 916 have already been adopted by the Charlotte City Council into the qualification requirements for members of the Charlotte Citizens Review Board. HB 916 has not yet received referral to committee. A copy of HB 916 is attached to the report. HB 916 expressly prohibits Boards from possessing the power of subpoena.

Code Enforcement: According to his aide, Representative Chaz Beasley will be filing legislation to address mold issues in rental units before the bill filing deadline of Thursday, April 25, for legislation that includes finance and/or appropriations related provisions.

Attachments

HB 916 – Citizens Review Boards / Law Enforcement Mecklenburg State Delegation Contact List City’s 2019 State Legislative Agenda and Talking Points H.B. 916 GENERAL ASSEMBLY OF NORTH CAROLINA Apr 16, 2019 SESSION 2019 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH30395-ST-28B

Short Title: Citizens Review Board/Law Enforcement. (Public) Sponsors: Representative McNeill. Referred to:

1 A BILL TO BE ENTITLED 2 AN ACT TO AUTHORIZE THE USE OF CITIZEN REVIEW BOARDS TO INVESTIGATE 3 OR REVIEW ALLEGATIONS OF CERTAIN MISCONDUCT BY LAW 4 ENFORCEMENT OFFICERS. 5 The General Assembly of North Carolina enacts: 6 SECTION 1. Article 13 of Chapter 160A of the General Statutes is amended by 7 adding a new section to read: 8 "§ 160A-289.3. Citizen review boards. 9 (a) A city may by ordinance establish a citizen review board to review appeals of 10 disciplinary actions involving allegations of misconduct by law enforcement officers employed 11 by that city's law enforcement agency. The ordinance shall comply with this section and shall 12 specify at least all of the following: 13 (1) The composition of the citizen review board, which shall be between five and 14 11 members. 15 (2) The qualifications to serve on the citizen review board, which shall at a 16 minimum include all of the following: 17 a. No member may be employed by the city. 18 b. Each member must be a qualified voter of the city. 19 c. Each member must attend a citizen's academy, if available. 20 d. Each member must have completed a ride-along with a law 21 enforcement officer within one year of appointment. 22 e. No person is eligible to serve as a member if that person has been 23 convicted of a felony against this State, the United States, or another 24 state, or of a Class A1 misdemeanor, and has not been restored to the 25 rights of citizenship in the manner prescribed by law. 26 f. Each member must submit to a criminal background check. 27 g. No member may be an immediate family member of any law 28 enforcement officer employed by the city. For purposes of this 29 sub-subdivision, immediate family shall be as defined in 30 G.S. 163A-250. 31 (3) The procedure for appointing members to the citizen review board, which 32 shall include application to the city and unanimous approval by the city 33 council for appointment. 34 (4) The manner in which hearings of the citizen review board are to be held. 35 (b) All members shall meet all qualifications set out in this section, and any additional 36 qualifications set out in the ordinance, prior to appointment. Members shall serve for a term of

*DRH30395-ST-28B* General Assembly Of North Carolina Session 2019 1 two years and shall not serve two consecutive terms. Members may be removed for cause. 2 Vacancies shall be filled in accordance with the ordinance. At the first meeting, and every two 3 years thereafter, the board shall select a chairman from amongst its membership. Meetings shall 4 be upon call of the chairman if no regular meeting schedule is set forth in the ordinance. 5 (c) Members shall serve without compensation, but may receive reimbursement for 6 expenses in accordance with city ordinance or policy. 7 (d) Upon accepting the appointment, each member shall sign a confidentiality agreement. 8 Failure to sign, or breach of, the confidentiality agreement shall be a Class 1 misdemeanor, up to 9 a one thousand dollar ($1,000) fine, and cause for removal. 10 (e) A citizen review board established by a city under this section shall have the following 11 powers and duties: 12 (1) Advise the chief officer of a law enforcement agency including the chief of 13 police, the city manager, and the governing board of a city. 14 (2) Make findings and recommendations on disciplinary action of a law 15 enforcement officer alleged to have committed misconduct. Such findings by 16 the citizen review board shall be categorized as sustained, not sustained, 17 exonerated, or unfounded. 18 (3) Recommend changes in policy or training of law enforcement officers to the 19 city council and the head of the law enforcement agency within the city that 20 established the citizen review board. 21 (f) A law enforcement officer and any other person involved in a hearing before the 22 citizen review board may be represented by an attorney or attorneys at the hearing. 23 (g) A citizen review board shall not: 24 (1) Possess the power of subpoena. 25 (2) Review appeals of decisions of the city manager or governing board of the 26 city. 27 (h) Notwithstanding G.S. 160A-168, but subject to any federal law restricting access and 28 the approval of the law enforcement officer being investigated, the head of the law enforcement 29 agency that employs the law enforcement officer alleged to have committed misconduct shall 30 make available to the citizen review board the personnel file of the law enforcement officer and 31 any other material deemed necessary by the governing body of the city for the citizen review 32 board to complete its investigation or review. The citizen review board shall maintain the 33 confidentiality of any information provided to it under this subsection. 34 (i) Any finding or recommendation by a citizen review board as to disciplinary action of 35 a law enforcement officer shall not be binding on the head of the law enforcement agency or the 36 city that employs the law enforcement officer and shall be confidential as part of the personnel 37 record. 38 (j) A citizen review board shall make a semiannual and an annual report of its actions 39 for each preceding year to the head of the law enforcement agency or agencies in the city that 40 established the citizen review board and the governing body of the city that established the citizen 41 review board. The specific content of the reports shall be prescribed by the governing body of 42 the city. Any report made under this subsection by the citizen review board shall be public record. 43 (k) No State funds shall be used to establish or operate a citizen review board established 44 under this section. 45 (l) A citizen review board established by a city under this section shall have no authority 46 to investigate or review allegations of misconduct by any of the following: 47 (1) A law enforcement officer employed by a county police department or 48 sheriff's department located in a county. 49 (2) A law enforcement officer employed by a company police agency certified by 50 the Attorney General pursuant to Chapter 74E of the General Statutes.

Page 2 DRH30395-ST-28B General Assembly Of North Carolina Session 2019 1 (3) A law enforcement officer employed by a campus police agency certified by 2 the Attorney General pursuant to Chapter 74G of the General Statutes. 3 (4) A law enforcement officer employed by a special police agency created by the 4 State. 5 (m) To the extent that any provisions of a local act may be inconsistent with the provisions 6 of this section, the provisions of this section shall control. 7 (n) For purposes of this section, the following definitions shall apply: 8 (1) Disciplinary action. – An oral or written reprimand, suspension, demotion, or 9 termination. 10 (2) Discriminatory profiling. – As defined in G.S. 15A-306. 11 (3) Head. – Any director or chief officer of a law enforcement agency including 12 the chief of police of a city. 13 (4) Law enforcement agency. – A city police department. 14 (5) Law enforcement officer. – Any employee of a city law enforcement agency 15 who is actively serving in a position with assigned primary duties and 16 responsibilities for prevention and detection of crime or the general 17 enforcement of the criminal laws of the State and who possesses the power of 18 arrest by virtue of an oath administered under the authority of the State. 19 (6) Misconduct. – Limited to excessive use of force, abuse of power, and 20 discriminatory profiling." 21 SECTION 2. This act becomes effective October 1, 2019.

DRH30395-ST-28B Page 3

MECKLENBURG LEGISLATIVE DELEGATION 2019 REGULAR SESSION OF THE NORTH CAROLINA GENERAL ASSEMBLY

NORTH CAROLINA STATE SENATE Member Information: Legislative Office: Local Address:

Dan Bishop (R) 16 W. Jones Street, Rm. 2108 16 W. Jones Street, Rm. 2108 39th Senate District Raleigh, NC 27601-2808 Raleigh, NC 27601-2808 Attorney (919) 733-5655 (919) 733-5655 General Assembly Webpage [email protected] LA: John Wynne

Jeff Jackson (D) 16 W. Jones Street, Rm. 1104 P.O. Box 18515 37th Senate District Raleigh, NC 27601-2808 Charlotte, NC 28218 Attorney (919) 715-8331 (919) 715-8331 General Assembly Webpage [email protected] LA: Dylan Arant

Natasha R. Marcus (D) 300 N. Salisbury Street, Rm. 519 300 N. Salisbury Street, Rm. 519 41st Senate District Raleigh, NC 27603-5925 Raleigh, NC 27603-5925 Not-for-Profit Executive (919) 715-3050 (919) 715-3050 General Assembly Webpage [email protected] LA: Melanie Zimmerman

Mujtaba A. Mohammed (D) 300 N. Salisbury Street, Rm. 310 P.O. Box 30773 38th Senate District Raleigh, NC 27603-5925 Charlotte, NC 28230 Assistant Public Defender (919) 733-5955 (919) 733-5955 General Assembly Webpage [email protected] LA: Sean Grier

Joyce Waddell (D) 16 W. Jones Street, Rm. 1113 8105-251 Old Concord Road 40th Senate District Raleigh, NC 27601-2808 Charlotte, NC 28216 Education Consultant (919) 733-5650 (919) 733-5650 General Assembly Webpage [email protected] LA: Sheena Matthews

NORTH CAROLINA STATE HOUSE OF REPRESENTATIVES Member Information: Legislative Office: Local Address:

Kelly M. Alexander, Jr. (D) 300 N. Salisbury Street, Rm. 404 1424 Statesville Avenue 107th House District Raleigh, NC 27603-5925 Charlotte NC 28206 Funeral Director (919) 733-5778 (704) 333-1167 General Assembly Webpage [email protected] LA: Ann Raeford

John Autry (D) 16 W. Jones Street, Rm. 1019 PO Box 189113 100th House District Raleigh, NC 27601-2808 Charlotte, NC 28218 Freelance Media Production (919) 715-0706 (704) 537-2735 General Assembly Webpage [email protected] LA: Tina Riley-Humphrey

Chaz Beasley (D) 300 N. Salisbury Street, Rm. 403 11619 Hophornbeam Lane 92nd House District Raleigh, NC 27603-5925 Charlotte, NC 28278 Attorney (919) 733-5654 (919) 733-5654 General Assembly Webpage [email protected] LA: Michael Wilson

Mary Belk (D) 16 W. Jones Street, Rm. 1313 PO Box 33115 88th House District Raleigh, NC 27601-2808 Charlotte, NC 28233 Partner – New River Retreat Prop. (919) 733-5607 (980) 579-2800 General Assembly Webpage [email protected] LA: Ralph Belk

Becky Carney (D) 16 W. Jones Street, Rm. 1221 P.O. Box 32873 102nd House District Raleigh, NC 27601-1096 Charlotte NC 28232 Legislator (919) 733-5827 (919) 733-5827 General Assembly Webpage [email protected] LA: Beth LeGrande

Christy Clark (D) 16 W. Jones Street, Rm. 1319 3902 Conner Glenn Drive 98th House District Raleigh, NC 27601-1096 Huntersville, NC 28078 Paralegal (919) 733-5828 (919) 733-5828 General Assembly Webpage [email protected] LA: Beth Nichols

February 18, 2019

NORTH CAROLINA STATE HOUSE OF REPRESENTATIVES (cont.) Member Information: Legislative Office: Local Address:

Carla D. Cunningham (D) 300 N. Salisbury Street, Rm. 609 1400 Sansberry Road 106th House District Raleigh, NC 27603-5925 Charlotte NC 28262 Registered Nurse (919) 733-5807 (704) 509-2939 General Assembly Webpage [email protected] LA: Sherrie Burnette

Wesley Harris, PhD (D) 16 W. Jones Street, Rm. 1321 3570 Toringdon Way, #4026 105th House District Raleigh, NC 27601-1096 Charlotte, NC 28277 Economic Consultant (919) 733-5886 (919) 733-5886 General Assembly Webpage [email protected] LA: Suzanne Weiss

Rachel Hunt (D) 16 W. Jones Street, Rm. 1111 3310 Windbluff Drive 103rd House District Raleigh, NC 27601-1096 Charlotte, NC 28277 Owner, Education Consulting Firm (919) 733-5800 (704) 542-1650 General Assembly Webpage [email protected] LA: Kelly Russell

Brandon Lofton (D) 16 W. Jones Street, Rm. 1317 16 W. Jones Street, Rm. 1317 104th House District Raleigh, NC 27601-1096 Raleigh, NC 27601-1096 Lawyer (919) 715-3009 (919) 715-3009 General Assembly Webpage [email protected] LA: Taylor Allen

Carolyn G. Logan (D) 300 N. Salisbury Street, Rm. 603 7216 Tall Tree Lane 101st House District Raleigh, NC 27603-5925 Charlotte, NC 28214 Contractor – Atkins North America (919) 715-2530 (704) 395-1540 General Assembly Webpage [email protected] LA: Robert Lockard, III

Nasif Majeed (D) 16 W. Jones Street, Rm. 1008 5401 Rupert Lane 99th House District Raleigh, NC 27601-1096 Charlotte, NC 28215 Businessman (919) 733-5606 (704) 965-1153 General Assembly Webpage [email protected] LA: Beverlee Baker

February 18, 2019

2019 STATE LEGISLATIVE AGENDA

Affordable Housing • Clarify State law to expressly authorize providing financial assistance to low and moderate income persons for displacement assistance and gentrification mitigation

Citizens Review Board • Secure subpoena power for the Citizens Review Board

Commercial Service Airport Improvements • Transition occasional annual funding to sustained funding for capital improvements at North Carolina’s commercial service airports

Minimum Housing Standards • Support legislation strengthening North Carolina minimum housing standards including extending the authority to local governments to conduct testing for and enforcement of remediation of mold

North Carolina Search & Rescue Teams • Transition occasional annual funding to sustained funding in support of North Carolina Search & Rescue Teams

Out-of-State Law Enforcement • Secure authorization to utilize out-of-state law enforcement officers during the 2020 Republican National Convention

Stormwater Management • Secure modifications to Section 26(b) of S.L. 2018-145 that enable the City to continue to meet its obligations under the Federal Clean Water Act related to the redevelopment provisions under the City’s Post Construction Stormwater Ordinance

Affordable Housing

Request:

Clarify State law to expressly authorize local governments to provide financial assistance to low and moderate-income persons for displacement assistance and gentrification mitigation

Background:

The City of Charlotte is addressing a 24,000-unit shortage of affordable housing through its Housing Charlotte Framework, which was adopted in August 2018.

The Framework addresses this issue through the three pillars of expanding the supply of affordable housing, preserving the supply of affordable housing and supporting self-sufficiency efforts.

The Framework was the result of nearly two years of work that began with the October 2016 City Council letter to City residents affirming City Council leadership in three key areas including access to safe, quality and affordable housing.

In November 2018, the voters of the City expressed their approval for expanding and preserving the supply of affordable housing by passing a $50 million bond referendum for these purposes by a 68% to 32%.

Private and philanthropic sector partners have contributed another $95 million in land and financial commitments to address affordable housing in the City.

Even though it has raised considerable funds for this purpose, the City is in need of additional legislative authority and/or financial resources from the State and federal government to address the shortage of affordable housing.

Under the pillar of self-sufficiency, the City has identified several clarifying changes to housing statutes that would prove helpful in addressing gentrification and displacement issues that are widespread throughout our community.

First legislative clarification needed would add “housing” to the types of programs that cities can undertake for senior citizens. Authority directly supports the City’s Aging-in-Place program that helps senior citizens on very limited incomes, but earning income above the statutory levels set for the homestead exclusion and “circuit breaker” tax deferral programs, pay their real estate property taxes. Without this assistance, many senior citizens would be displaced because of having to sell their homes and move to other housing because they are being priced out of their communities.

The second set of clarifications requested specify that cities may provide low and moderate- income persons with rent subsidies and relocation assistance regardless of the source of the funds, i.e. federal or local funds.

City is working with the North Carolina League of Municipalities, North Carolina Association of County Commissioners, North Carolina Metropolitan Mayors Coalition and other public and private organizations on statewide affordable housing legislation to bring before the General Assembly.

Citizens Review Board

Request:

Secure subpoena power for the Citizens Review Board

Background:

The Citizens Review Board is an advisory body that was created by the Charlotte City Council in 1997 in response to community concerns raised following the shooting death of a motorist.

Today, the Citizens Review Board is one of the tools being used by the City Council to enhance trust and accountability within CMPD and within the community, which was specified in the October 2016 City Council letter to City residents affirming City Council leadership in three key areas including safety, trust and accountability.

The Board’s purpose is to hear appeals filed by citizens of complaints of disciplinary dispositions imposed by the Police Chief.

The hearing process before the Citizens Review Board provides the opportunity for the complainant and CMPD to present their cases to the Board, which can then be corroborated by eyewitnesses.

Eyewitness testimony is invaluable to the Board as it considers findings of facts of citizen complaints.

Eyewitnesses identified by the complainant or CMPD are not required to testify as the Board does not have the authority to compel their testimony through the issuance of subpoenas.

Since many of the eyewitnesses identified by CMPD who could corroborate the Chief’s disposition oftentimes do not show up for the hearings, the Board may not be able to make in such cases a firm determination as to whether the Chief erred in arriving at the disciplinary disposition.

The extension of authority to the Citizens Review Board to subpoena eyewitness testimony would serve to enable the Board to make firmer determinations and strengthen relationships between CMPD and the community.

The Charlotte – Mecklenburg Fraternal Order of Police Lodge #9 opposed efforts in 2017 to extend subpoena powers to the Citizens Review Board citing that appropriate checks and balances are in place and that the action of CMPD officers are already subject to investigation by CMPD Internal Affairs, NC State Bureau of Investigation, the Charlotte Civil Service Board and other law enforcement agencies. Commercial Service Airport Improvements

Request:

Transition occasional annual funding to sustained funding for capital improvements at North Carolina’s commercial service airports.

Background:

The State of North Carolina has ten commercial service airports that provide 281,945 jobs and generate $47.4 billion in economic activity.

The airports are located in Asheville, Charlotte, Concord, Fayetteville, Greensboro, Greenville, Jacksonville, New Bern, Raleigh/Durham and Wilmington.

Charlotte Douglas International and Raleigh – Durham International Airports are by far the largest of the ten airports with, respectively, 132,330 and 86,765 jobs and $23 billion and $12.6 billion of economic activity.

Historically, the federal government has provided substantial resources to develop commercial service airports that are matched by locally generated revenues including landing fees, rental income, parking fees and concession revenues.

In recent years the amount of federal revenue available for capital improvements for airports nationwide has been stagnant and in some cases declining.

All of this is taking place while the number of passengers using commercial service airports has been increasing and is projected to continue growing in the future.

In response, the North Carolina General Assembly appropriated one-time funding for the ten commercial service airports located in the State in the Appropriations Act of 2017.

Forty million dollars was appropriated statewide for FY 2018 and $75 million for FY 2019, of which Charlotte Douglas International Airport was allocated $25 million for land acquisition in FY 2019.

Since the funding was one-time, there is a need to legislate sustained funding for all commercial service airports in order to ensure these assets can continue growing with demand.

The City is working with the North Carolina Department of Transportation, North Carolina Aviation Association and the other nine commercial service airports in the State of North Carolina in support of this request. Minimum Housing Standards

Request:

Support legislation strengthening North Carolina minimum housing standards including extending the authority to local governments to conduct testing for and enforcement of remediation of mold.

Background:

The City of Charlotte is addressing a 24,000-unit shortage of affordable housing through its Housing Charlotte Framework, which was adopted in August 2018.

The Framework addresses this issue through the three pillars of expanding the supply of affordable housing, preserving the supply of affordable housing and supporting self-sufficiency efforts.

Private and philanthropic sector partners have contributed another $95 million in land and financial commitments that increase the amount to address affordable housing in the City.

This funding and other resources will be used for all three pillars in order to address the 24,000- unit shortage of affordable housing.

Since the City has a shortage of approximately 24,000 affordable housing units, any loss of the current supply of affordable housing serves mainly to put more pressure to build more affordable housing that will cost more in the long term than preserving affordable housing.

Recent events concerning a privately-owned apartment complex that provides housing for low and moderate-income households has heightened awareness of potential shortcomings in the Minimum Housing Standards, and Landlord and Tenants statutes.

Since numerous code enforcement issues were identified at this privately-owned multi-family housing complex that negatively impact the quality of life of the tenants, the City is very desirous that the units be brought into compliance with the minimum housing code, so the tenants can live in safe and quality affordable housing.

The code enforcement issues have shone a bright light on those statutes and the need to consider amendments that include the requirement for mold remediation.

Representative Chaz Beasley has formed a stakeholders group to address Minimum Housing Standards, and Landlord and Tenants statutes that includes representation from, among others, the North Carolina League of Municipalities, North Carolina Association of County Commissioners, North Carolina Apartment Association, North Carolina Association of Realtors, Habitat for Humanity, Mecklenburg County and the City of Charlotte. North Carolina Search & Rescue Teams

Request:

Transition occasional annual funding to sustained funding in support of North Carolina Search & Rescue Teams

Background:

The events of 9/11 prompted the State of North Carolina to establish specialized search and rescue teams.

Regional teams were contracted by the State to provide specialized rescue capabilities in seven regionally separated areas.

The seven teams are operated by fire departments in Charlotte, Raleigh, Buncombe County, Greensboro, Greenville, Fayetteville and Wilmington/New Hanover County.

Over the years, the teams have deployed on over 130 federal, State and local missions.

During Hurricane Matthew in 2016, for example, 2,336 people were rescued.

The equipment needed to outfit the teams was funded using federal grants.

Today, the seven teams have $14.5 million of total assets including over 150 specialty vehicles and highly specialized rescue gear.

The equipment that the seven teams have in their inventory is in need of programmatic replacement.

There is also a need to provide resources to store and maintain the equipment in anticipation of future training and deployments.

The lack of sustained funding does not provide a stable platform for the teams to plan for the future.

The North Carolina General Assembly appropriated $2.3 million of one-time funds for the seven teams in the recently completed short session budget (SB 97) for FY 2019, but this funding is not recurring, sustained funding.

The City is working with the North Carolina Department of Public Safety, North Carolina Coalition of Metropolitan Fire Chiefs, other fire safety organizations, and the other six local fire departments operating such teams in support of this request.

Talking points from the North Carolina Coalition of State Rescue Team Fire Chiefs follows this document. North Carolina Coalition of State Rescue Team Fire Chiefs

LEGISLATIVE INFORMATION HB 159 Sustainment of NC Search & Rescue (SAR) Program March 6, 2019

WHAT IS NORTH CAROLINA STATE SEARCH AND RESCUE?

• Specialized personnel and equipment necessary to rescue people from collapsed buildings, structures, trenches, fast moving water, high rise buildings and other high-risk entanglements.

• These situations are especially prevalent when NC is faced with hurricanes, tornados, strong storms, terrorist attacks, etc.

WHO PROVIDES THIS PUBLIC SAFETY SERVICE FOR THE PEOPLE OF NC?

• Some rescues are provided by local first responders, such as fire departments and rescue squads. However, for more complex situations, more specialized training and equipment is required. It is not practical for every community to have SAR capabilities.

• In response to the well-established need, the NC Department of Public Safety has sanctioned seven (7) specialized regional response teams, using firefighters from NC local governments. These strategically located seven (7) teams are:

1. Charlotte Fire Department 2. Raleigh/Durham/Chapel Hill Fire Departments 3. Greensboro Fire Department 4. Greenville Fire Department 5. Fayetteville Fire Department 6. Buncombe County with the City of Asheville Fire Department 7. New Hanover County Fire-Rescue with the City of Wilmington Fire Department

• The above local governments have invested in fully training more than 1,000 current firefighters in specialized SAR response.

WHY IS THE REGIONAL APPROACH MODEL USED IN NC?

• It is not cost effective for every community to have SAR capabilities. Providing response on a regional basis is the most efficient means.

• Time is important for an effective SAR response to conduct a rescue and save a life. If NC did not have resources; our residents would be required to wait days for federal assets to arrive in NC. At that point, the operation would be more recovery than rescue. The regional hazmat response team concept has served NC very well since 1992 and the SAR program mirrors the setup of the regional hazmat response team.

• Each of the regional SAR teams service their home community and respond into a geographic region of the state as a NC state government asset. Regional response teams each serve between 7-25 NC counties.

• Other states are effectively using regional response teams for both hazmat and SAR.

HOW HAVE THESE SAR TEAMS COME TO EXIST?

• After the Oklahoma City bombing, cities and states began efforts to rescue people from collapsed buildings.

• After September 11, federal funding helped to provide more than $14 million in SAR assets to the seven (7) NC SAR teams.

• Urban cities in NC have developed their own teams for local SAR response. Smaller communities are not able to establish the level of response that is required.

• The State of North Carolina does not have internal resources to provide a timely response of SAR resources across our state.

WHAT IS THE CURRENT CONCERN?

• NC does not have any enabling legislation for Urban Search and Rescue regional teams. The State of North Carolina does not currently have signed contracts with the regional SAR providers. Resources up to this point have all been federal funds.

• Federal funds for SAR have ended. The need to serve the people of NC remains as a public safety priority.

• To not jeopardize public safety, the existing level of SAR service needs to be maintained. Legislation and funding are needed to sustain the SAR program for NC.

• SAR provider cities are currently subsidizing state government SAR services on the backs of local taxpayers. (Example – City of Greensboro taxpayers are funding the cost of a SAR response to Alamance County).

HOW MUCH DOES SAR COST?

• Specialized tools, equipment and training are expensive. However, federal funds have already provided much of what NC needs.

• The focus now is to maintain the resources that we already have in order to ensure that service to the people of NC continues without interruption.

• The regional response teams have determined that the regional services, beyond their local capabilities to maintain the existing $14 + millions of equipment already purchased and 1,000 + trained firefighters, would cost approximately $2.3 million annually to sustain. • House Bill 189 and Senate Bill 222 appropriated $2,397,000 from the General Fund to the Department of Public Safety, Division of Emergency Management, for the 2017-18 fiscal year to be used to support the State Search and Rescue Program.

DEPLOYMENTS (IN STATE HISTORY)

1999 Hurricane Floyd 2003 Hurricane Isabel 2004 Hurricane Charley 2004 Tropical Storm Francis 2004 Tropical Storm Ivan 2004 Tropical Storm Jeanne 2006 Hurricane Ophelia 2008 Parking lot collapse 2009 ConAgra Explosion 2011 Tornado Outbreak 2011 Hurricane Irene 2015 Hurricane Joaquin 2016 Sampson County Tornado 2016 Bertie County Flooding 2016 Hurricane Matthew 2016 Western NC Wildfires 2018 Tropical Storm Alberto 2018 Hurricane Florence 2018 Hurricane Michael

DEPLOYMENTS (OUT OF STATE HISTORY)

• 2012 Hurricane Sandy – Maryland 2015 Hurricane Joaquin – South Carolina • 2016 Hurricane Matthew – South Carolina 2017 Hurricane Harvey – Texas • 2017 Hurricane Irma / Maria – Puerto Rico 2018 Hurricane Florence – South Carolina

Note: In addition to the above large-scale responses, there has been numerous deployments under county-to-county mutual aid to include parking deck collapses, a roof collapse in South Park Mall in Charlotte, trench and confined space rescues, as well as technical support after large industrial fires.

RECENT HURICANE FLORENCE DEPLOYMENT SUPPORT:

• SAR Personnel 1,691 o 11 SAR Teams (5 - Type I, 6 - Type III) (Two from NC, Balance from FEMA) o 70 Swiftwater Teams w/ 173 Rescue Boats • Rescues o 5,214 Rescues o 3,743 Evacuations (People moved under their own power by SAR resources) o 3,527 Shelter in Place (Welfare checks of people who decided to stay in flooded areas/houses) o 1,067 Animal Rescues

• UNIFIED STATEWIDE SUPPORT:

The effort to sustain our state’s SAR program through HB 159 has the support and endorsement of the following state agencies and professional associations: 1. North Carolina Department of Public Safety 2. North Carolina Office of State Fire Marshal 3. North Carolina State Firemen’s Association 4. North Carolina State Fire Chief’s Association Out-of-State Law Enforcement

Request:

Secure authorization to utilize out-of-state law enforcement officers during the 2020 Republican National Convention.

Background:

The Charlotte – Mecklenburg Police Department is the lead agency providing security during the upcoming 2020 Republican National Convention, which is scheduled for August 24 – August 27, 2020.

Due to the breadth and scope of the issues faced in undertaking this responsibility, CMPD will need to supplement its ranks with law enforcement officers from other departments.

CMPD supplemented its ranks with law enforcement officers from in-state and out-of-state departments for the 2012 Democratic National Convention.

In order to utilize out-of-state law enforcement resources, who are not certified law enforcement officers in the State of North Carolina, the City will need to secure authorization from the North Carolina General Assembly.

The City secured similar legislation, SL 2011-316, in support of the 2012 Democratic National Convention.

Stormwater Management

Request:

Secure modifications to Section 26(b) of S.L. 2018-145 that enable the City to continue to meet its obligations under the Federal Clean Water Act related to the redevelopment provisions under the City’s Post Construction Stormwater Ordinance.

Background:

The City of Charlotte and Mecklenburg County established Charlotte – Mecklenburg Storm Water Services in the early 1990s to manage the run-off from rainfall, reduce flooding, restore floodplains and protect water quality.

The County is responsible for streams draining more than one square mile and the regulated floodplain throughout the entire County while the City is responsible for smaller streams and manmade drainage systems draining less than one square mile.

As required by federal law, the City has a National Pollutant Discharge Elimination System permit that requires it to enforce the federal Clean Water Act.

A major part of the City’s effort to comply with the Act was enacted locally through the City’s Post Construction Stormwater Ordinance.

In December 2018, the General Assembly enacted into law Session Law 2018-145 that impacts municipal authority to require stormwater improvements connected to redeveloped parcels.

The new law prohibits local governments from requiring stormwater controls for redevelopment projects on private property where the amount of impervious surface is not increased under the redevelopment.

Certain requirements within the City of Charlotte’s Post Construction Stormwater Ordinance are now restricted and cannot be enforced including: (1) the City’s requirement that redevelopment provide onsite controls for water quality is no longer enforceable; (2) the City’s requirement that redevelopment provide onsite controls for downstream flooding and stream protection is no longer enforceable; and (3) the fee-in-lieu option of the above required onsite controls is no longer available.

The financial impact of this legislation to the City is estimated at a loss of $5.4 million annually which is comprised of $3.15 million of on-site construction of storm water controls on redeveloped sites and $2.25 million of fee-in-lieu payments to the City for regional construction of stormwater controls.

If legislative corrective language is not enacted, then both the state permit and the City’s ordinance will need to be revised to reflect adjusted methods of complying with the new law including the possibility that stormwater fees will be raised on all property owners to make up some or all of the estimated $5.4 million.

There are several other cities and counties in the State of North Carolina that have similar provisions in their Post Construction Stormwater Ordinances that will need to be revised in the event that modifying legislation cannot be secured.

The development community, on the other hand, is generally supportive of Session Law 2018- 145.