HB 764 — Expansion of MSD/Bd Appt.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 21 HOUSE BILL 764 Committee Substitute Favorable 4/24/17 Short Title:

Representative McGrady.

For a complete list of sponsors, refer to the North Carolina General Assembly web site.

Rules, Calendar, and Operations of the House April 13, 2017 A BILL TO BE ENTITLED AN ACT TO AMEND THE PROVISIONS REGARDING EXPANSION OF A METROPOLITAN SEWERAGE DISTRICT AND TO MAKE ADDITIONAL BOARD APPOINTMENTS PARALLEL TO THE PROCESS TO EXPAND A METROPOLITAN WATER AND SEWERAGE DISTRICT.

(a) If, at any time subsequent to the creation of a district, there shall be filed with the district board (i) a resolution of the governing body of a political subdivision,subdivision requesting inclusion in the district all or part of such political subdivision or (ii) a petition, petition signed by not less than fifty-one per centum (51%) of the qualified voters resident within an unincorporated area,area requesting inclusion in the district of such political subdivision or unincorporated area, and if the district board shall favor the inclusion in the district of such political subdivision or unincorporated area,new territory, the district board shall notify the board or boards of commissioners of the county or counties within which the district lies and shall file with the board or boards of commissioners and with the Environmental Management Commission a report setting forth the plans of the district for extending sewerage service to the political subdivision or unincorporated area.new territory.

The report shall include:

(1) A map or maps of the district and adjacent territory showing the present and proposed boundaries of the district;

the existing major sewer interceptors and outfalls;

and the proposed extension of such interceptors and outfalls.

(2) A statement setting forth the plans of the district for extending sewerage services to the territory proposed to be included, which plans shall:

a.

Provide for extending sewerage service to the territory included on substantially the same basis and in the same manner as such services are provided within the rest of the district prior to inclusion of the new territory.

b.

Set forth a proposed time schedule for extending sewerage service to the territory proposed to be included.

c.

Set forth the estimated cost of extending sewerage service to the territory proposed to be included;

the method by which the district proposes to finance the extension;

the outstanding existing indebtedness of the district, if any;

and the valuation of assessable *H764-v-2* General Assembly Of North Carolina Session 2017 property within the district and within the territory proposed to be included.

d.

Contain a declaration of intent of the district board to conform with the plans set forth in the report in extending sewerage services to the territory proposed to be included;

and a certification by the chairman of the district board to the effect that the matters and things set forth in the report are true to his knowledge or belief.

For purposes of this subdivision, the county in which the largest portion and lesser portion of the district lies shall be determined with *H764-v-1* General Assembly Of North Carolina Session 2017 reference to the land area of the district lying within the county as a percentage of land area of the entire district at the time such appointment or reappointment is made.

(1a) Notwithstanding subdivision (1) of this subsection, whenif theany territorycounty ofthat the district is expanding intothe newterritory territory,of any county without representation on the district board shall be represented by three additional members who are qualified voters residing within the new territory, appointed by the county board of commissioners governing the new territory.

(2) Following Except as otherwise provided in this subsection, following the inclusion of any additional political subdivision within an existing district, Page 2 House Bill 764-Second Edition General Assembly Of North Carolina Session 2017 the political subdivisions added shall appoint members to the district board in accordance with G.S.

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