Bill Summary for S 711 (2017-2018)

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Summary date: 

Jun 11 2018

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 711 (Public) Filed Wednesday, May 16, 2018
Intro. by B. Jackson, Cook, Sanderson.

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Bill summary

Senate amendments make the following changes to 3rd edition, as amended. Amendment #3 removes requirement for the Utilities Commission to adopt rules for reasonable limitations on the amount by which a natural gas local distribution company may increase its margin revenues in the event that actual construction costs exceed the estimated construction costs provided in the agreement. Makes other clarifying changes.

Amendment #4 adds whereas clauses. Amends GS 106-701, deleting previous provision to now provide that a nuisance action cannot be filed against an agricultural or forestry operation (operation) unless the plaintiff possesses the land affected by the conditions, the land is within half a mile of the operation, and the action is filed within one year of the establishment of the operation or one year of the operation undergoing a fundamental change. Removes exception to nuisance immunity that previously applied when the nuisance resulted from negligent or improper operation. Amends GS 106-702 to forbid a plaintiff from recovering punitive damages in a private nuisance action against an operation when the action was not brought within three years of the first alleged nuisance act. Makes other clarifying and technical changes. Deletes proposed changes to GS 106-700.