Bill Summary for S 434 (2019-2020)

Summary date: 

May 23 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 434 (Public) Filed Monday, April 1, 2019
AN ACT REQUIRING THE DISSOLUTION OF CERTAIN METROPOLITAN SEWERAGE DISTRICTS AND TRANSFERRING THE DISSOLVING DISTRICTS' ASSETS AND LIABILITIES TO AN ADJACENT DISTRICT IN THE SAME COUNTY.
Intro. by Sanderson.

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Bill summary

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

Modifies proposed GS 162A-82, which requires the Environmental Management Commission (Commission) to adopt a resolution dissolving a district and transferring the district's assets, liabilities, and other obligations to another district located in the same county when the two districts meet specified criteria. Modifies the criteria for mandatory mergers to include that the districts collectively provide services to no less than six of the nine or more municipalities (was, to no less than six of the municipalities). Further modifies the criteria by making organizational and clarifying changes. Amends the actions that must be taken before the dissolution and merger of districts under the statute, more specifically requiring the mandatory public hearing to discuss the proposed dissolution and merger rather than the merger only. Requires that the time and place of the public hearing be agreed to by the Commission chair and the chairs of each district board (was, the chairs of the board of directors). Specifies that the dissolution and merger become effective on the July 1 after the resolution is adopted by the Commission (previously only provided for the effective date of the merger). Now provides that, upon adoption of the resolution by the Commission, all ordinances and policies of the dissolved district continue in full force until the effective date of the merger, at which time the ordinances and policies of the merged district apply (previously established that all ordinances, rules, regulations, and policies of the dissolved district continue in full force and effect until repealed or amended by the governing body of the merged district). Makes an organizational change, placing the provision authorizing district boards to execute necessary documents pursuant to the statute into its own subsection.

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