Bill Summaries: S231 INCORPORATION/ETJ STUDY (NEW).

Tracking:
  • Summary date: Jun 27 2012 - More information

    House committee substitute makes the following changes to 4th edition.
    Deletes all provisions of the previous edition and replaces them with AN ACT TO ESTABLISH THE HOUSE SELECT STUDY COMMITTEE ON MUNICIPAL INCORPORATIONS, EXTRATERRITORIAL JURISDICTION, AND MUNICIPAL SERVICES. As title indicates, creates the ten-member Committee, with membership and issues to be studied as specified. Sets out reporting requirements.


  • Summary date: Jun 19 2012 - More information

    House committee substitute makes the following changes to 3rd edition. Amends GS 120-163(c) (concerning statement in petition listing the services that the proposed municipality will offer) to provide that in order to qualify for offering a service, the proposed municipality must either provide the service directly or through a contract in which the contracting party is compensated by the proposed municipality. Makes an exception for water distribution or wastewater treatment if the entire area of the proposed municipality is within the water and sewer authority or special district’s service area. Deletes provision detailing requirements to be met in order for the proposed municipality to quality for providing police protection.
    Deletes proposed GS 160A-329 (extension of water or sewer service by other public entities near municipal limits). Makes a conforming deletion in the bill title.


  • Summary date: Jun 7 2012 - More information

    House committee substitute makes the following changes to 2nd edition.
    Deletes all provisions in the previous edition and replaces them with AN ACT TO AMEND THE STANDARDS REQUIRED FOR INCORPORATION OF A MUNICIPALITY AND TO REQUIRE APPROVAL OF THE MUNICIPAL GOVERNING BOARD PRIOR TO CERTAIN EXTENSIONS OF WATER OR SEWER SERVICE BY OTHER GOVERNMENT ENTITIES.
    Amends GS 120-163 to increase from 25 to 50 the number of registered voters from the area proposed to be incorporated required in the petition requesting incorporation and submitted to the Municipal Incorporations Subcommittee. Requires the petition to state that the proposed city will have a budget ordinance with an ad valorem tax levy of at least 20¢ (was, at least 5¢) on the $100 valuation on all property within the city’s corporate limits. Also requires the petition to state that the city will offer all of the following services by a specified date: (1) police protection; (2) fire protection; (3) wastewater treatment, collection, or disposal; and (4) water distribution (previously required city to offer four services out of a list, which included street maintenance, street construction or right of way acquisition, street lighting, and zoning), and include any other services the city proposes to offer.
    Amends GS 120-167 to set out a schedule of population requirements that the proposed city must meet, related to the distance from cities of various other sizes, before the Commission makes a positive recommendation (currently, the proposed city must have a permanent population of at least 100).
    Makes a conforming change to GS 120-172 to require the Commission to recommend that any incorporation passed by the General Assembly be submitted to a referendum (was, allows recommendation, unless the petition is signed by 50% of the registered voters).
    Enacts new GS 160A-329 to require cities to first approve by resolution the establishment or extension of water or sewer services, according to a specified schedule.


  • Summary date: Jun 8 2011 - More information

    Senate committee substitute makes the following changes to 1st edition. Changes the scope of the requirement that public water or wastewater systems be interconnected (when necessary to promote the public health, protect the environment, or to ensure compliance with drinking water rules) to specify that the interconnection requirement applies only to systems that are located within the same sub-basin as set out in GS 143-215.22G.
    Makes technical changes to conform to revised scope of interconnection requirement.
    Amends GS 130A-317(d) to add a new subdivision (6a) requiring an analysis, including a financial analysis, of the reasonable alternatives to the proposed construction or alteration of a public water system, and requires that the analysis indicate that the proposed construction or alteration is appropriate, as one of the conditions for Department of Environment and Natural Resources approval of a local program’s permitting approval process for construction or alteration to public water distribution systems.
    Makes technical changes to conform to revised scope of interconnection requirement.
    Amends GS 143-215.1(f) by adding a new subdivision (6a) imposing similar requirements provided in GS 130A-317(d) to Environmental Management Commission (EMC) approval of a local program’s permitting approval process for constructing or altering a sewer system (note: 1st edition included amendments to GS 143-215.1(f) in Section 5; amendments moved to Section 4).
    Amends GS 143-215.1(b) to include as part of the permit approval requirement by the EMC for public and non-public wastewater treatment systems that the analysis of reasonable alternatives to the proposed new or expanded waste treatment system indicate that the proposed new or expanded system is appropriate (note: 1st edition included amendments to GS 143-215.1(b) in Section 4; amendments moved to Section 5).
    Deletes limitation on agency temporary rule-making authority under GS Chapter 150B to enable the Commission for Health Services and Environmental Management Commission to adopt rules implementing applicable provisions by October 1, 2011, as required.
    Makes other technical and conforming changes. Makes conforming changes to the bill title.


  • Summary date: Mar 7 2011 - More information

    Rewrites GS 130A 317(c) and (d) and GS 143 215.1(b)(4) and (f), as title indicates. Enacts new GS 143 215.1(b)(6) and (7) to provide that no permit for a new or expanded municipal or human waste treatment system may be issued unless the applicant (1) has adopted a plan to implement a program to reduce demand and manage existing capacity by reducing or eliminating stormwater and groundwater infiltration and intrusion into collection lines, (2) submits an analysis of reasonable alternatives to the proposed new or expanded system, and (3) can demonstrate that the proposed new or expanded waste treatment facility will be designed and constructed to accommodate eventual interconnection with adjoining or regional systems. Requires the Commission for Health Services and the Environmental Management Commission to adopt rules implementing the act by October 1, 2011.


© 2021 School of Government The University of North Carolina at Chapel Hill

This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.

Printer-friendly: Click to view