EXPEDITE WATER/WASTEWATER FRANCHISE TRANSFER.

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View NCGA Bill Details2023-2024 Session
Senate Bill 95 (Public) Filed Monday, February 13, 2023
AN ACT TO EXPEDITE TRANSFER OF WATER OR WASTEWATER PUBLIC UTILITIES.
Intro. by Barnes, Daniel.

Status: Ref To Com On Rules, Calendar, and Operations of the House (House action) (Mar 13 2023)
S 95

Bill Summaries:

  • Summary date: Feb 28 2023 - View Summary

    Senate committee substitute to the 1st edition makes the following changes. Makes technical change to GS 62-111. Changes the deadline for the Utilities Commission (Commission) to issue an order approving the application if certain findings are made from 180 days to 210 days of the filing of the application. 

    Inserts new Section 1(b) to the act that requires the Commission to issue an order approving applications for (1) transfer or certificates of public convenience and necessity for the transfer of a water or wastewater franchise under GS 62-111, or (2) for a certificate of public convenience and necessity to acquire control of or operate a water or wastewater system pursuant to GS 62-110, within 180 days if the following conditions are met: (i) the applications were pending when the act becomes law; (ii) the Commission finds that the proposed transfer, including adoption of the transferring utility's currently approved rates, or the requested certificate of convenience and necessity, as applicable, is in the public interest, will not  adversely affect service to the public under any existing franchise, and the person acquiring said franchise or certificate of public convenience and necessity has the technical, managerial, and financial capabilities necessary to provide public utility service to the public; and (iii) the water or wastewater system has an unresolved notice of violation issued by the Department of Environmental Quality.

    Makes technical changes to the effective date and organizational changes to account for new subsection 1(b). 


  • Summary date: Feb 13 2023 - View Summary

    Amends GS 62-111 regarding the approval process for utility franchise transfers and mergers, consolidations and combinations of public utilities. Adds a new subsection applicable to applications for the transfer of water or wastewater franchises and for certificates of public convenience and necessity to acquire control or operate a water or wastewater system, limited to applications for systems with an unresolved notice of violation issued by the Department of Environmental Quality only. Establishes a 30-day window within which the Utilities Commission (Commission) must determine whether an application is complete and notify the applicant accordingly, with failure to issue a notice within that window deeming the application complete. Allows for amended applications and supplemental information to cure any deficiencies. Requires the Commission to issue an order approving the application within 180 days of filing upon making required findings, including that the proposed transfer or requested certificate is (1) in the public interest; (2) will not adversely affect service to the public under any existing franchise; and (3) the person acquiring the franchise or certificate has the described capabilities to provide the service to the public.