AN ACT TO ESTABLISH AN EXPEDITED PROCESS FOR THE MODIFICATION OF INTERBASIN TRANSFER CERTIFICATES AND FOR THE ISSUANCE OF INTERBASIN TRANSFER CERTIFICATES IN THE CENTRAL COASTAL PLAIN CAPACITY USE AREA AND THE COASTAL AREA COUNTIES AND TO AMEND S.L. 2013-50, AN ACT TO PROMOTE THE PROVISION OF REGIONAL WATER AND SEWER SERVICES BY TRANSFERRING OWNERSHIP AND OPERATION OF CERTAIN PUBLIC WATER AND SEWER SYSTEMS TO A METROPOLITAN WATER AND SEWERAGE DISTRICT. Enacted August 23, 2013. Effective August 23, 2013.
Summary date: Sep 3 2013 - View summary
Summary date: Jul 17 2013 - View summary
House amendment makes the following changes to the 3rd edition.
Amends SL 2013-50 by adding a new section that provides that for Section 1, a public water system will not include any system that is operated simultaneously with a sewer system by the same public body in conjunction with the provision of other utility services for its customers.
Amends the act by including a severability clause.
Summary date: Jul 15 2013 - View summary
House committee substitute to the 2nd edition makes the following changes.
Amends GS 143-215.22L(a)(1), instances where a certificate is required for transfer, providing that no daily transfer of water can exceed 3 million gallons in one day (was, 5 million gallons), regardless of the ending daily average of the calendar month.
Repeals SL 2013-50, Section 1(a)(2), thereby removing the requirement that the public water system has not been issued a certificate for an interbasin transfer from the criteria to be met in order for all assets and all outstanding debts of any public water system to be transferred to the metropolitan sewerage district operating in the county where the public water system is located to be operated as a Metropolitan Water and Sewerage District.
Amends the act's long title.
Summary date: Apr 30 2013 - View summary
Senate committee substitute makes the following changes to the 1st edition.
Undoesthe deletion of subsection (a)(2) of GS 143-215.22L, which requires obtaining a certificate from the Environmental Management Commission (Commission) prior to increasing the amount of an existing transfer from one river basin toanother by 25% or more above the average daily amount transferred during the year ending July 1, 1993, if the total transfer, including the increase, is two million gallons or more per day.
Provides that theDepartment of Environment and Natural Resources (DENR)or the Commission can make modifications, after providing electronic notice to identified, interested parties, toupdates requested by the certificate holderto conservation, drought management, or compliance and monitoring plans. Deletes provision allowing the Commission to make minor modifications after providing notice to interested parties.
Prohibits the Commission from granting a request to modify a certificate if the modification is inconsistent with the December 3, 2010, Settlement Agreementamong the states of North and South Carolina, Duke Energy Carolinas, and the Catawba River Water Supply Project.
Amends Section 4.(b) of SL 2011-298to providethat Section 1 of SL 2011-298 applies to the cumulative volume of water transfers by public water supply systems sharing a single intake. Reinstates language deletedfrom Section 4(b) in the 1st edition to provide that Section 1 of SL 2011-298 will expireif the cumulative volume of water transfers by any person that does not hold a certificate for an interbasin transfer on or before the effective date ofSL 2011-298exceedseight million gallons per day (was amended in the 1st edition to make the cumulative volume of the water transfers exceed 20.3 million gallons per day).
Summary date: Mar 18 2013 - View summary
Amends GS 143, Article 21, Part 2A, Registration of Water Withdrawals and Transfers; Regulation of Surface Water Transfers, by creating a new subsection GS 143-215.22L(v), Modification of Certificate. This new subsection provides for the modification of previously issued interbasin water transfer certificates and petitions for the transfer of surface water.
The Department of Environment and Natural Resources (Department) and the Environmental Management Commission (Commission) can make the following modifications only after providing electronic notice to identified, interested parties: (1) typographical error corrections; (2) clarifications of existing conditions or language; and (3) updates to conservation, drought management, or compliance and monitoring plans. The Commission has the authority to make other modifications it deems are minor only after providing electronic notice to identified, interested parties.
Holders of interbasin water transfer certificates may request modifications by the Commission in line with the following procedures:
(1) Certificate holder (holder) must be in substantial compliance and the certificate must have been issued pursuant to GS 162A-7, 143-215.22I, or 143-215.22L. (2) Holder must file a notice of intent for a notification which includes nontechnical descriptions of holder's request and proposed water source. (3) Holder will prepare an environmental document, pursuant to GS 143-215.22L(d). (4) Upon satisfaction that submitted documentation is adequate, the Department will publish notice of the modification request in the NC Register as well as hold a public hearing at a location convenient to both the source and receiving river basins. The Department will provide notice of the hearing in the Environmental Bulletin, a newspaper of general circulation in the source river basin and in the receiving basin, and as provided in GS 143‑215.22L(c)(3). (5) Department will accept comments on the requested modification for at least 30 days following the hearing. (6) The Commission or Department can require the holder to provide additional information reasonably necessary to make a final determination. (7) The Commission will make a final determination on the requested modification based on the factors found in GS 143-215.22L(k) and by reviewing any other information the Commission deems relevant. The Commission will state in writing its findings of fact and conclusion. (8) The Commission will grant the requested modification if it finds the holder established by a preponderance of the evidence that the modification satisfies the requirements of GS 143-215.22L(m). However, the Commission can grant the modification in whole, in part, or deny the request, as well as impose limitations and conditions as it deems necessary and relevant. (9) The Commission will not grant a modification if it would result in the transfer of water to an additional major river basin.
Coastal area counties can also petition for a certificate to transfer surface water to supplement ground water supplies in the 15 counties designated as the Central Capacity Use Area or to transfer surface water withdrawn from the mainstem of a river to provide service to one of the coastal area counties. The procedures by which a determination on the petition will be made are identical to procedures 2-9, as outlined above for requests for modifications.
Also amends GS 143-215.22L(a)(1), instances where a certificate is required for transfer, adding the requirement that measurements of daily water transfers are calculated as a daily average. If the average exceeds 2 million gallons a certificate is required, and no transfer can exceed 5 million gallons in any one day, regardless of daily average, without requiring a certificate. Deletes GS 143-215.22L(a)(2), language stating that an increase of 25% or more above the average daily amount transferred during the year ending July 1, 1993, if the total transfer, including increase, is 2 million gallons or more per day.
Amends GS 143-215.22G(1) (Definitions), adding and defining public water system and mainstem.
Amends GS 143-215.22L(g), Petition, adding new language and deleting old language clarifying the description information that should be included in a transfer petition. The new language states petition should include a general description of the facilities being used including current and projected areas to be served by the transfer, current and projected capacities of intakes, and other relevant facilities (was, description including the location and capacity of water intakes, pumps, pipelines, and other facilities).
Makes clarifying and conforming changes in line with the newly defined terms above.
Amends SL 2011-298, making technical and conforming changes.
Amends SL 2011-298(4b), stating that section 1 of SL 2011-298 will expire if cumulative volume of water transfer from one river basin to another to supplement ground water in the Central Coast Plain Capacity Use Area, on or after August 31, 2007, exceeds 20.3 million gallons a day (was, expires if the transfer by any person that does not hold a certificate for an interbasin transfer on or before the effective date of this act exceeds 8 million gallons per day).
Amends SL 2007-518, deleting majority of Section 7 (concerning isolated river basins), leaving only language that states this act becomes effective when it becomes law and applies to any petition for a certificate of transfer of surface water from one river basin to another first made on or after that date.