Bill Summary for S 515 (2023-2024)

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Summary date: 

Apr 3 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 515 (Public) Filed Monday, April 3, 2023
AN ACT TO LENGTHEN THE TIME FOR WHICH THE UTILITIES COMMISSION MAY SUSPEND PROPOSED RATES OF A PUBLIC UTILITY AND WATER AND SEWER INVESTMENT PLAN IMPLEMENTATION PENDING INVESTIGATION, TO REQUIRE LOCAL GOVERNMENT WATER AND SEWER SERVICE PROVIDERS TO DETERMINE IF THE SALE OF A WATER OR SEWER SYSTEM IS IN THE PUBLIC INTEREST, AND TO REQUIRE A PUBLIC HEARING FOR CERTAIN RATES, FEES, AND CHARGES FOR CUSTOMERS OUTSIDE THE JURISDICTIONAL BOUNDARIES OF THE UNIT OF LOCAL GOVERNMENT PROVIDING THE WATER OR SEWER SERVICE.
Intro. by Sawyer, Perry, Lazzara.

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Bill summary

Amends GS 62-133.1B, adding authority for the Utilities Commission (Commission) to suspend the effect of proposed base rates and the Water and Sewer Investment Plan implementation pending investigation, pursuant to GS 62-134(b), for up to 300 days. Makes conforming changes to no longer refer to the maximum suspension period of 270 days set out in GS 62-134(b).

Enacts GS 162A-19.1 to require local government service providers, defined as one of nine identified public entities, to hold a hearing and determine that sale of a water and sewer system that provides service to the public is in the public interest. Lists nine considerations in determining whether a sale is in the public interest. Directs the local government service provider to prepare a statement showing that the sale is in the public interest. Requires using all moneys paid by a private company for the purchase for debt reduction for the system, if applicable; repayment of federal grant awards associated with the system as required by law; investment in local water, wastewater, or stormwater infrastructure programs; or reducing or offsetting water and sewer service rates.

Enacts GS 162A-19.2 to require local government service providers, defined as one of nine identified public entities, establishing an increase in the rates, fees, or charges for water or sewer system customers outside of its jurisdictional boundaries to charge customers outside the boundaries rates, fees, and charges in one of the two described manners: (1) by charging the same rates, fees, and charges as it charges customers inside its boundaries with the option to include an additional surcharge of up to 25% (not subject to public hearing requirements); or (2) by charging more than the rates, fees, and charges charged to customers inside its boundaries that are just and equitable as specified, with the option to include an additional surcharge of up to 25% and a capital fee for those customers' share of the system capital investments, but cannot exceed 75% in excess of the total amount of charges for customers served within its boundaries for corresponding service without a public hearing.

Amends the following statutes to prohibit counties, cities, water and sewer authorities, and water and sewerage districts, as applicable, from charging customers in excess of those allowed by GS 162A-19.2, as enacted: GS 153A-277; GS 160A-58.5; GS 160A-314; GS 162A-6; GS 162A-36; GS 162A-69; and GS 162A-87.3.