Bill Summary for S 95 (2023-2024)

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Summary date: 

Feb 13 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 95 (Public) Filed Monday, February 13, 2023
AN ACT TO EXPEDITE TRANSFER OF WATER OR WASTEWATER PUBLIC UTILITIES.
Intro. by Barnes, Daniel.

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Bill summary

Amends GS 62-111 regarding the approval process for utility franchise transfers and mergers, consolidations and combinations of public utilities. Adds a new subsection applicable to applications for the transfer of water or wastewater franchises and for certificates of public convenience and necessity to acquire control or operate a water or wastewater system, limited to applications for systems with an unresolved notice of violation issued by the Department of Environmental Quality only. Establishes a 30-day window within which the Utilities Commission (Commission) must determine whether an application is complete and notify the applicant accordingly, with failure to issue a notice within that window deeming the application complete. Allows for amended applications and supplemental information to cure any deficiencies. Requires the Commission to issue an order approving the application within 180 days of filing upon making required findings, including that the proposed transfer or requested certificate is (1) in the public interest; (2) will not adversely affect service to the public under any existing franchise; and (3) the person acquiring the franchise or certificate has the described capabilities to provide the service to the public.