Utilities (63)
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Date of Last Recorded Action: 7/9/2018

H 0003 HighEminent Domain Charles McGrady
2/20/2017 Senate - Ref To Com On Rules and Operations of the Senate Judy I RulesOS
Transportation Utilities
Constitutional Amendment

HB 3 would put a constitutional amendment before voters to restrict the use of eminent domain powers, preventing state and local government from taking land for use by private developers. That bill contained identical language to legislation from prior sessions, but also included conforming statutory changes that would go into effect only upon voter approval of the amendment. It would also allow property owners to request jury trials in disputes to determine "just compensation" for their property. Sponsored by a bipartisan group of lawmakers that included Reps. Chuck McGradyDavid Lewis, Chris Malone, and Ken Goodman, this bill mirrored a bill that cleared the House early in the 2013 legislative session with only eight dissenting votes, and again early in the 2015 legislative session with only five dissenting votes. The Senate, however, did not take up the bill in these past sessions. The League staff worked with legislators at the time to limit the negative effects on municipalities. (version 1)

H 0010 HighDHHS Eating Disorder Study Charles McGrady
4/21/2017 Senate - Ref To Com On Rules and Operations of the Senate EPU RulesOS
Transportation Utilities
An act to provide that the condemnation of private property shall only be for a public use
HB 10 Eminent Domain Statutory Revisons contains the same conforming statutory language as HB 3, but would change the law via legislative action rather than a voter-approved constitutional amendment. The proposal would expand the purposes for which public and private condemnors could utilize their eminent domain authority, including a more all-encompassing term for communications facilities, and facilities related to the distribution of natural gas. (version 1)
H 0015 EnactedConvey State Prop. to Wrightsville Beach Robert Davis
6/25/2018 Ch. SL 2018-73 Trans SLG
Budgeting & Fiscal Control Utilities

Adds water and sewer authorities to the list of entities eligible for DMV permanent license plates. (version 1)

H 0068 HighBRIGHT Futures Act John Szoka
4/21/2017 Senate - Ref To Com On Rules and Operations of the Senate EPU RulesOS
Economic Development Information Technology Planning & Land Use Telecommunications Utilities

Clarifies that certain Department of Commerce grants may be spent in support of broadband and its related components; enlarges the scope of existing public private partnership law to include digital infrastructure; and directs several state agency studies related to digital infrastructure, digital literacy, and workforce development. (version 1)

H 0158 EnactedSpecial Assessments/Critical Infrastructure Jason Saine
6/21/2017 Ch. SL 2017-40 Fin Fin
Economic Development Planning & Land Use Taxation & Finance Utilities

Adds language to the current special assessments statutes to increase flexibility for cities and counties when structuring financing deals for development using this authority. (version 1)

H 0175 MonitorDEQ/Emphasize Urban Envt'l Issues Kelly Alexander
2/23/2017 House - Ref To Com On Environment Env -
Environment Utilities

Allows the State’s three largest cities to designate “urban empowerment zones” for prioritized water and air pollution abatement activities. (version 1)

H 0184 EnactedCertain Towns/Sewer Fee Collections Charles Graham
6/22/2017 Ch. SL 2017-44 SLG I Fin
Local Bills Taxation & Finance Utilities

Enhances the utility billing and collection options available to the Towns of La Grange, Fairmont, Proctorville, and St. Pauls so that the towns may bill and collect fees charged by their wastewater enterprise along with property taxes. (version 1)

H 0189 MonitorWater Safety Act Robert Davis
2/9/2018 House - Ref To Com On House Select Committee on North Carolina River Quality App RulesOS
Environment Utilities

HB 189 Water Safety Act: Monitor, Environment, Utilities: Takes steps to further investigate the extent to which GenX, a chemical used in the manufacture of Teflon, contaminates water supplies. Directs further scientific studies by state environmental and public health agencies, coordination with similar agencies in neighboring states, and requires an examination of the environmental permitting programs that describe how wastewater may be discharged in the state. Appropriates funds to the state environmental agency for use in any further scientific studies regarding GenX. Edition 2 of the bill also authorized a study intended to recommend updates to state statutes to ensure that public water suppliers were not liable for chemicals present in the water supply when state and federal authorities had no regulatory requirements.

H 0275 EnactedNo Stormwater Fees on Taxiways or Runways Debra Conrad
7/20/2017 Ch. SL 2017-132 Trans AENR
Taxation & Finance Utilities
Exempts airports from paying to cities a portion of a stormwater utility fee attributable to airport runways and taxiways, so long as the airport certifies that the exempt payment amount is spent for the purpose of attracting business to the airport. (version 1)
H 0320 EnactedPUV Changes James Dixon
6/25/2018 Ch. SL 2018-95 Env Fin
Environment Utilities

Directs the legislative Environmental Review Commission to study various aspects of electronics recycling, including current market dynamics, disposal of cathode ray tube televisions, and other disposal options for electronics materials. (version 1)

H 0321 EnactedWildlife License Changes James Dixon
6/25/2018 Ch. SL 2018-90 Env Fin
Environment Taxation & Finance Utilities
Directs the legislative Environmental Review Commission to study use of the proceeds of the state’s solid waste disposal tax, including past and future projects by the State and local governments that received proceeds. (version 1)
H 0351 EnactedUtilities/Rate Base/Fair Value Determination Samuel Watford
6/25/2018 Ch. SL 2018-51 EPU RulesOS
Companion bill to SB 339

For situations involving the sale of a publicly-owned water/wastewater system to a private entity (called a “water or wastewater public utility”), gives the private entity an alternate option for calculating the public system’s value, during rate determinations for the private entity made by the N.C. Utilities Commission. (version 1)

H 0371 MonitorAgency Powers and Duties/Technical Changes.-AB Charles McGrady
4/20/2017 Senate - Ref To Com On Rules and Operations of the Senate SLG II RulesOS
Environment Parks & Recreation Taxation & Finance Utilities
Among other changes recommended by the N.C. Department of Natural and Cultural Resources, renames the Clean Water Management Trust Fund to the N.C. Land and Water Preservation Trust Fund. (version 1)
H 0396 EnactedMunicipal Broadband Service Area Susan Martin
7/25/2017 Ch. SL 2017-180 EPU RulesOS
Economic Development Information Technology Local Bills Telecommunications Utilities
Companion bill to SB 360
Allows the City of Wilson to provide high-speed broadband service to the Town of Pinetops and certain other properties, adding to an exemption in existing law that allows the City to provide broadband retail services. (version 1)
H 0405 HighImpact Fees/Refund to Homeowners Sarah Stevens
4/4/2017 House - Serial Referral To Rules, Calendar, and Operations of the House Stricken Fin -
Liability NCLM Goal Taxation & Finance Utilities

To address a consequence of the recent Carthage court decision, directs any refund of impact fees paid to a city or county to the homeowner who paid any portion of that impact fee refunded, as part of the purchase price of their home. Defines “impact fee” to include a facility fee, project fee, capacity fee, or any other fee that defrayed capital costs of the system that are associated with new construction. (version 1)

H 0406 EnactedRepeal Orange County Impact Fees Sarah Stevens
6/20/2017 Ch. SL 2017-36 SLG I Fin
Taxation & Finance Utilities

Revokes the authority granted by local bill to Orange County to charge impact fees. (version 1)

H 0436 EnactedLocal Government/Regulatory Fees Sarah Stevens
7/20/2017 Ch. SL 2017-138 SLG I Fin
Planning & Land Use Taxation & Finance Utilities

Eliminates a city or county’s ability to charge development-related impact fees paid by developers to offset capital costs of local government infrastructure, unless otherwise authorized by the general laws of the state. Also repeals all related local acts. (version 1)

H 0503 HighLocal Budgets/Public Enterprise Funds Carl Ford
5/26/2017 House - Re-ref Com On Finance SLG II -
Budgeting & Fiscal Control Utilities

Restricts payments from a public enterprise fund to a local government’s general fund to only expenditures for related debt service. Eliminates the authority for a local government to make payments for internal cost allocation between funds. (version 1)

H 0557 MonitorMitigation Services Amendments Christopher Millis
4/11/2017 House - Serial Referral To Transportation Added Env -
Environment Parks & Recreation Planning & Land Use Transportation Utilities
Companion bill SB 611

Makes significant changes to current law that requires governments and private entities to mitigate for environmental harms caused by development activities. Limits these entities to utilizing only private mitigation banks, unless doing so is not practicable. In that case, allows payment of a fee into the state’s Ecosystem Restoration Fund or mitigation completed by the entity, which is a narrowed set of options as compared to current law. In any event, phases out payments allowed to the Fund for land-disturbing activities in the Neuse and Cape Fear river basins, leaving only private mitigation banks as the mitigation credit option in those basins except for one exception granted to NCDOT. Allows a phase-out of the Fund in other river basins at the option of the Department of Environmental Quality. Changes the manner of fee calculation for mitigation credits purchased from the Fund. (version 1)

H 0561 MonitorSanitary Districts/Impact Fees Michael Wray
4/5/2017 House - Ref To Com On Rules, Calendar, and Operations of the House RulesCOH -
Taxation & Finance Utilities
Companion bill SB 555

In response to a 2016 court case, clarifies current law to allow sanitary districts to charge fees of new development for future water/sewer system upgrades. (version 1)

H 0567 MonitorStudy Hexavalent Chromium in Groundwater Dana Bumgardner
4/6/2017 House - Ref To Com On Environment Env -
Environment Utilities
Companion bill SB 657

Proposes a state study of the prevalence of hexavalent chromium in groundwater in a limited geographic area near a current coal ash pond in Gaston County, in part, to determine the need for a replacement water supply. (version 1)

H 0589 EnactedCompetitive Energy Solutions for NC John Szoka
7/27/2017 Ch. SL 2017-192 EPU Fin
HB 589 is a major rewrite of the state's renewable energy policy that, among other things, would lift the state's ban on third-party leasing, allowing customers to rent the equipment for rooftop and community solar arrays. It would also promote net metering, which gives the owner of a residential or commercial property with solar panels a bill credit for the retail cost of energy he or she puts back onto the grid, and it would include a solar rebate program for residential customers. Additionally, it would mandate a study on energy storage technology for intermittent sources like solar and wind. It also caps the amount of third-party renewable energy that the utilities would be required to purchase. It would also require a competitive bidding process for new solar development, managed by a third-party administrator.
H 0624 CriticalUniform System Development Fees for Water Charles McGrady
4/10/2017 House - Ref to the Com on Energy and Public Utilities, if favorable, Finance EPU -
Liability NCLM Goal Planning & Land Use Taxation & Finance Utilities
Companion bill SB 641

In response to the 2016 N.C. Supreme Court decision in Quality-Built Homes v. Carthage, authorizes all publicly-owned water and sewer systems to charge a “system development fee.” This fee, charged to developers of new developments, includes costs associated with infrastructure existing at the time the development takes place, as well as costs related to future system infrastructure needs resulting from the development. Details a formula under which a system may calculate this fee, and restricts the use of fee proceeds to repairs, maintenance, expansion, or other construction needs of the system. Repeals all local acts granting authority to charge similar fees, in favor of a single statewide system, and conforms the authority of non-city or non-county water/sewer entities to this process. Establishes a three-year period under which claimants may seek repayment of fees improperly imposed prior to the effective date of the bill, addressing another issue from the Carthage case. Allows the prevailing party in any lawsuit related to whether these fees were properly charged to collect six percent interest (annually) plus costs. Creates a process by which a person may request a refund or release of a fee, and the basis upon which a governing board may grant that request. (version 1)

H 0635 MonitorElectronic Pawn & Metals Database Dennis Riddell
4/10/2017 House - Ref To Com On Judiciary III Judy III -
Information Technology Public Safety Utilities
Companion bill SB 28

Directs the state Department of Information Technology to create a database for reporting transactions of pawned items and scrap metal sales; authorizes access to the electronic database by law enforcement. (version 1)

H 0637 EnactedClarify Regional Water and Sewer Funds Kyle Hall
5/23/2017 Ch. SL 2017-17 EPU AENR
Local Bills Taxation & Finance Utilities
Updates requirements for a fund of state dollars appropriated to interconnect publicly-owned water systems located in Guilford and Rockingham counties. (version 1)
Green background on status indicates a bill has been acted on the last recorded legislative day.