BACKFLOW PREVENTERS/LOCAL AUTH. (NEW)

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View NCGA Bill Details2023-2024 Session
Senate Bill 166 (Public) Filed Monday, February 27, 2023
AN ACT TO PROHIBIT PUBLIC WATER SYSTEMS FROM REQUIRING INSTALLATION OF BACKFLOW PREVENTERS NOT OTHERWISE REQUIRED BY STATE OR FEDERAL LAW, EXCEPT IN CERTAIN CIRCUMSTANCES.
Intro. by Krawiec, Jarvis, Lowe.

Status: Ref To Com On Rules, Calendar, and Operations of the House (House action) (May 4 2023)

SOG comments (1):

Long title change

Senate committee substitute to the 1st edition changed the long title. Original title was AN ACT TO REQUIRE A PUBLIC ENTERPRISE TO COVER A CUSTOMER'S COSTS TO COMPLY WITH RULES ADOPTED AFTER THE CUSTOMER'S CONNECTION TO THE SYSTEM.

S 166

Bill Summaries:

  • Summary date: May 2 2023 - View Summary

    Senate committee substitute to the 1st edition makes the following changes.

    Creates new GS 130A-330 (Local authority to prevent backflow preventers), which prohibits water systems owned by local government units from requiring a customer to install a backflow preventer unless required by state or federal law, or to prevent a severe hazard from the customer’s connection. Provides definitions of backflow preventer and severe hazard. Specifies that the prohibition should not be construed to prevent installation of a backflow preventer if required by the State Plumbing Code due to retrofit or facility addition on the property. 

    Amends the titles to reflect the new section’s contents. 

    Removes changes to GS 160A-312 and GS 153A-275 requiring a public enterprise to bear the cost of complying with an adopted rule if the rule applies to a customer who had previously received approval to connect to the public enterprise system. 

    Removes new section GS 162A-900 (Certain costs of customer compliance to be borne by authority or district), which applied to costs applicable for a customer who had previously received approval to connect to the applicable water or sewer system. 

    Removes new section GS 130A-64.2 (Certain costs of customer compliance to be borne by sanitary district) which applied to costs applicable for a customer who had previously received approval to connect to the applicable water or sewer system.


  • Summary date: Feb 27 2023 - View Summary

    Amends GS 160A-312 (concerning cities) and GS 153A-275 (concerning counties), which authorize cities and counties to operate public enterprises, and enacts GS 162A-900 (concerning water or sewer authorities and districts) and GS 130A-64.2 (concerning sanitary districts) to require that these entities bear the cost to comply with any adopted rule that applies to customers who have received previous approval to connect to the specified system. Specifies that the cost to comply with a numerical pretreatment standard for each of these specified systems will be borne by the customer. Applies to compliance costs arising on or after the act becomes law.