Bill Summary for S 673 (2023-2024)

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Summary date: 

Apr 26 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 673 (Public) Filed Thursday, April 6, 2023
AN ACT TO ALLOW ALTERNATIVE PEAK DAILY SEWAGE FLOW RATES FOR DESIGN RATE MODELING, TO PERMIT WASTEWATER TREATMENT SYSTEM EXPANSIONS BEYOND EXISTING ALLOCATION IN CERTAIN CIRCUMSTANCES, AND TO MAKE CLARIFICATIONS TO THE SYSTEM DEVELOPMENT FEE STATUTES.
Intro. by P. Newton, Sawrey, Lazzara.

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Bill summary

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

Section 1.

Amends GS 143-215.1 as follows.

In new subsection (f3), permits new dwelling units to calculate wastewater flows at 75 gallons per day per bedroom or a lower rate approved by the Department of Environmental Quality (DEQ). 

In new subsection (f4), adds new subdivision (3), allowing approval of permits for facilities that exceed the 80% or 90% threshold from the previous subdivisions if additional flow in the facility is not predicted to exceed the facility’s hydraulic capacity, the facility is in compliance with all other limits and requirements, and adequate progress is being made in developing the required engineering evaluations or plans and specifications.

In new subsection (f5), allows permittees for a wastewater system that have signed a contract for the expansion of the wastewater treatment, utilization, or disposal system located in a county with a projected growth rate above 2% annually or in one of the top 20% of the fastest growing counties statewide, and are meeting flow and pollutant discharge limits set out in its current permit, may allocate its system's permitted hydraulic capacity up to 110% and increase the allocation up to 115% if the expansion of the system is within 24 months of completion. A permittee may not allocate more than the permitted projected capacity after expansion without approval by DEQ. Nothing in the new subsection will be construed to limit DEQ from authorizing allocations over 115% of a system’s hydraulic capacity. 

Section 2.

Discards the 1st edition’s amendments to GS Chapter 143 and water transfer certification procedures. 

Makes changes to GS Chapter 162A to clarify system development fees. Clarifies and restates the intent of existing law and applies to ordinances adopted before, on, or after the act's effective date. 

Amends GS 162A-201(9) by amending the definition of system development fee by including recouping costs incurred by a local governmental unit to purchase new capacity in, or reserve capacity supplied by, a capital improvement or facility owned by another local government in the definition. 

Amends GS 162A-205 to add new subdivision (10), which includes in the supporting analysis for a system development fee any purchase capacity in, or reserve capacity supplied by, improvements or facilities owned by another local government. 

Amends GS 162A-211 to allow the expenditure of system development fees calculated using the incremental cost or marginal cost method, on contractual obligations to another local government for capacity in facilities owned by that local government.

Amends the act's long title.