CHOICE OF ENERGY/ADD'L PROVISIONS. (NEW)

View NCGA Bill Details2021
House Bill 220 (Public) Filed Wednesday, March 3, 2021
AN ACT TO LIMIT CITIES AND COUNTIES FROM PROHIBITING CONSUMER CHOICE OF ENERGY SERVICE BASED UPON THE TYPE OR SOURCE OF ENERGY TO BE DELIVERED, TO MODIFY PUBLIC RECORDS LAW REGARDING SENSITIVE PUBLIC SECURITY INFORMATION, TO AUTHORIZE THE UTILITIES COMMISSION TO ADOPT PROCEDURES TO ALLOW LESSORS WHO PROVIDE WATER AND SEWER SERVICE TO LESSEES IN CERTAIN DWELLINGS TO CHARGE FOR THE COST OF THE SERVICE IN THE SAME MANNER AS ELECTRIC SERVICE AND NATURAL GAS SERVICE, AND TO MAKE A TECHNICAL CORRECTION.
Intro. by Arp, Miller, Saine, Szoka.

Status: Referred To Rules, Calendar, and Operations of the House (House action) (Dec 10 2021)

SOG comments (2):

Long title change

Senate committee substitute to the 4th edition changed the long title. Original title was AN ACT TO LIMIT CITIES AND COUNTIES FROM PROHIBITING CONSUMER CHOICE OF ENERGY SERVICE BASED UPON THE TYPE OR SOURCE OF ENERGY TO BE DELIVERED.

Long title change

Senate amendment to the 5th edition changed the long title. Previous long title was AN ACT TO LIMIT CITIES AND COUNTIES FROM PROHIBITING CONSUMER CHOICE OF ENERGY SERVICE BASED UPON THE TYPE OR SOURCE OF ENERGY TO BE DELIVERED, TO MODIFY PUBLIC RECORDS LAW REGARDING SENSITIVE PUBLIC SECURITY INFORMATION, AND TO MAKE A TECHNICAL CORRECTION.

Bill History:

H 220

Bill Summaries:

  • Summary date: Dec 10 2021 - More information

    The Governor vetoed the act on 12/09/21. The Governor's objections and veto message are available here: https://webservices.ncleg.gov/ViewBillDocument/2021/53606/0/H220-BILL-NBC-9330.


  • Summary date: Nov 29 2021 - More information

    Senate amendment adds the following to the 5th edition.

    Amends GS 62-110 (regulation of public utilities by the Utilities Commission) by doing the following:

    (1) Permitting lessors of any leased premises, as defined in GS 42-59, to charge occupants of the leased property for water and sewer services;

    (2) Permitting lessors to charge lessees for water/sewer services by equally dividing the water/sewer costs for a unit amongst the lessees in the unit, so long as a lessee's bill is prorated when they do not occupy the leased property for the same number of days as other lessees;

    (3) Permitting lessors to charge administrative fees and late fees approved by the Utilities Commission when billing for water/sewer service by equally dividing the costs among lessees in the unit; 

    (4) Authorizing the Utilities Commission to adopt procedures that allow a lessor of any leased residential premises, as defined in GS 42-59 (was, a lessor of a single family dwelling, a residential building, or a multiunit apartment complex) that have individually metered units for electric or natural gas service in the lessor's name to charge for the actual costs of providing such service to each lessee. 

    (5) Making conforming changes.

    Changes the effective date of the act to January 1, 2022 (was, the date the act becomes law). Makes conforming changes to the act's titles. 


  • Summary date: Oct 5 2021 - More information

    Senate committee substitute makes the following changes to the 4th edition.

    Amends proposed GS 160A-205.4, applicable to cities, and proposed GS 153A-145.8, applicable to counties, to make technical changes to the statutes referenced that govern the establishment of territorial rights which electricity distribution under either statute must comply.

    Adds the following new content. 

    Revises sensitive security information excluded as public records under GS 132-1.7. Adds to the exclusion for information containing specific details of public security plans and arrangements or the detailed plans and drawings of public buildings and infrastructure facilities to explicitly include detailed plans and drawings contained in information storage systems or geographic information system databases. Adds a new exclusion, providing that specific engineering, vulnerability, or detailed design information about proposed or existing critical infrastructure, whether physical or virtual, for any of the following are not public record: (1) the production, generation, transmission, or distribution of energy; (2) the treatment, transmission, or distribution of water; and (3) the outfall, collection, or treatment of wastewater. Makes technical and clarifying changes.

    Subject to H 218 becoming law, corrects a statutory cross-reference in GS 143-214.7(b3), as amended by that act.

    Makes conforming changes to the act's titles. 


  • Summary date: Mar 31 2021 - More information

    House amendment makes the following changes to the 3rd edition.

    Amends proposed GS 160A-205.4, applicable to cities, and GS 153A-145.8, applicable to counties, to refer to "energy source" rather than "power" throughout. Adds to the statutes governing the establishment of territorial rights which electricity distribution under either statute must comply, to include GS 160A-332.


  • Summary date: Mar 30 2021 - More information

    House committee substitute makes the following changes to the 2nd edition.

    Amends proposed GS 160A-205.4, applicable to cities, and GS 153A-145.8, applicable to counties, modifying and adding to the definition provided for the term energy service in each statute. Now defines the term to mean the power that a consumer may choose to use to heat or cool buildings, produce hot water, operate equipment, operate appliances, or any other similar activities, where the power is derived from one or more of a variety of sources such as those previously listed, except as follows. Regarding liquified petroleum gas, renewable liquified petroleum gas, or other liquid petroleum products, requires delivery to the consumer by an entity legally authorized to provide such service. Regarding electricity, specifies that electricity must be derived from one or more sources of electric generation, delivered to the consumer by an entity legally authorized to provide such service, with distribution compliant with territorial rights established by GS 160A-332 and GS 62-110.2 (previously only specified electricity by a person legally authorized to provide such service). 


  • Summary date: Mar 16 2021 - More information

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

    Makes a correction in Section 1(a) to add the proposed statute to GS Chapter 160A, rather than 10A.

    Amends proposed GS 160A-205.4, applicable to cities, and GS 153A-145.8, applicable to counties, modifying and adding to the definition provided for the term energy service in each statute. Now defines the term to mean the provision of natural gas; renewable gas; hydrogen; liquefied petroleum gas, renewable liquefied petroleum gas, or other liquid petroleum products; or electricity by a person legally authorized to provide such service (was, the provision of natural or manufactured gas, liquefied petroleum gas or renewable liquefied petroleum gas, heating oil, or electricity by a person legally authorized to provide such service). Adds that the terms renewable gas and renewable liquid petroleum gas mean gas derived from a renewable resource. 

    Removes duplicative language in GS 153A-145.8(c).


  • Summary date: Mar 3 2021 - More information

    Enacts GS 10A-205.4 (appears to intend GS 160A-205.4), applicable to cities, and GS 153A-145.8, applicable to counties, providing as follows. Prohibits city/county from adopting an ordinance prohibiting, or having the effect of prohibiting, the connection, reconnection, modification, or expansion of an energy service (as defined) based upon the type or source of energy to be delivered to the end-user. Specifies that the statutes do not (1) limit the ability of a city/county to choose the energy service for property it owns, (2) prohibit a city/county from recovering reasonable costs for reviewing and issuing a permit, (3) affect the authority of a city/county to manage or operate a city/county-owned (as applicable) utility, or (4) impair a contract executed pursuant to GS 160A-322 before the section's effective date for the supply of electric service.


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