Bill Summary for S 906 (2023-2024)

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Summary date: 

May 7 2024

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 906 (Local) Filed Tuesday, May 7, 2024
Intro. by Moffitt.

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Bill summary

Amends the following statutes, applicable only to the City of Hendersonville, as follows.  

Expands Hendersonville’s authority to operate public enterprises under GS 160A-312 to other areas and citizens located outside the corporate limits of the city. Adds the following requirements to the rules adopted by Hendersonville must follow: (1) the rules may not apply differing treatment within and outside the corporate limits of the city; (2) the rules must make access to public enterprise services available to the city and its citizens and other areas and their citizens located outside the corporate limits of the city equally; and (3) the rules may prioritize the continuation of the provision of services based on availability of excess capacity to provide the service. Requires the rules to apply equally to the public enterprise both within and outside the corporate limits of the city (currently, rules just have to apply). Makes technical changes. Provides for separate funds and sequestration of funds for public enterprises. Directs that the above changes do not apply to the operation of public transportation systems or off-street parking facilities and systems as public enterprises. Effective June 30, 2024, and applies to the 2024-2025 fiscal year and to each fiscal year thereafter. Specifies that any assets, liabilities, or equity of a public enterprise operated or held by Hendersonville in the 2023-2024 fiscal year will be transferred to a separate fund in accordance with GS 160A-312, as amended, by the act when the act becomes law.

Amends the requirements for annexation by petition in Hendersonville under GS 160A-31 by requiring that the petition for annexation contain a statement from the owner that the petition for annexation is not based upon any representation by the municipality that a public enterprise service available outside the corporate limits of that municipality would be withheld from the owner's property without the petition for annexation. Makes conforming changes to GS 160A-58.1 (petition for annexation; standards). Applies to petitions for annexation received by Hendersonville on or after June 30, 2024.