North Carolina 2017-2018 Session Status: Enacted 1 R cosponsors

HB 351 — Utilities/Rate Base/Fair Value Determination.

Last action — Became Law W/o Signature

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 14, 2017. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 74% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

32 added · 39 removed

Plain-language change summary

In the updates to House Bill 351, some administrative details were revised, including changes to the date and the reference to the House Principal Clerk. Specifically, the date for the session was updated from March 14 to March 15, 2017, and some language was streamlined to improve clarity. These changes don’t affect the content of the bill itself but help ensure that the bill is accurately presented in the legislative record.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 2 HOUSE BILL 351 Committee Substitute Favorable 4/25/17 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 1 HOUSE BILL 351 Short Title:
Representatives Watford and Collins (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
March 15, 2017 A BILL TO BE ENTITLED AN ACT AUTHORIZING WATER AND WASTEWATER PUBLIC UTILITIES TO ELECT TO USE A FAIR VALUE DETERMINATION FOR RATE-MAKING PURPOSES WHEN ACQUIRING UTILITIES OWNED BY COUNTIES, MUNICIPALITIES, OR OTHER GOVERNMENTAL ENTITIES.
Energy and Public Utilities, if favorable, State and Local Government II March 15, 2017 A BILL TO BE ENTITLED AN ACT AUTHORIZING WATER AND WASTEWATER PUBLIC UTILITIES TO ELECT TO USE A FAIR VALUE DETERMINATION FOR RATE-MAKING PURPOSES WHEN ACQUIRING UTILITIES OWNED BY COUNTIES, MUNICIPALITIES, OR OTHER GOVERNMENTAL ENTITIES.
*H351-v-2* General Assembly Of North Carolina Session 2017 "§ 62-133.1A.
*H351-v-1* General Assembly Of North Carolina Session 2017 "§ 62-133.1A.
62-3(23)a.2., may elect to establish rate base by using the fair value of the utility property instead of original cost when acquiring an existing water or wastewater system owned by a municipality or county or an authority or district established under Chapter 162A of the General Statutes.
62-3(23)a.2., may elect to establish rate base by using the fair value of the utility property instead of original cost when acquiring an existing water or wastewater system (system) owned by a municipality or county or an authority or district established under Chapter 162A of the General Statutes.
One appraiser shall represent the public utility acquiring the system and another appraiser shall represent the utility selling the system.
One appraiser shall represent the public utility acquiring the system and the utility selling the system.
(4) The rate base value of the acquired system, which shall be reflected in the acquiring public utility's next general rate case for rate-making purposes, shall be the lesser of the purchase price negotiated between the parties to the sale or the fair value plus the fees and costs authorized in subdivision (3) of this subsection.
(4) The rate base value of the acquired system which shall be reflected in the acquiring public utility's next general rate case for rate-making purposes shall be the lesser of the purchase price negotiated between the parties to the sale or the fair value plus the fees and costs authorized in subdivision (3) of this subsection.
(2) Any deficiencies identified by the engineering assessment conducted pursuant to subdivision (2) of subsection (b) of this section and a five-year plan for prudent and necessary infrastructure improvements by the acquiring entity.
(2) The averaging of the appraisers' valuations, which shall constitute fair value for purposes of this section.
(3) Projected rate impact for the selling entity's customers for the next five years.
(3) The assessment of tangible assets performed by a licensed professional engineer, as provided in subdivision (2) of subsection (b) of this section.
(4) The averaging of the appraisers' valuations, which shall constitute fair value for purposes of this section.
(4) The contract of sale.
(5) The assessment of tangible assets performed by a licensed professional engineer, as provided in subdivision (2) of subsection (b) of this section.
(5) The estimated valuation fees and transaction and closing costs incurred by the acquiring public utility.
Page 2 House Bill 351-Second Edition General Assembly Of North Carolina Session 2017 (6) The contract of sale.
(6) A tariff, including rates equal to the rates of the selling utility.
(7) The estimated valuation fees and transaction and closing costs incurred by the acquiring public utility.
The selling utility's rates shall be the rates charged to the customers of the acquiring Page 2 House Bill 351-First Edition General Assembly Of North Carolina Session 2017 public utility until the acquiring public utility's next general rate case, unless otherwise ordered by the Commission for good cause shown.
(8) A tariff, including rates equal to the rates of the selling utility.
The selling utility's rates shall be the rates charged to the customers of the acquiring public utility until the acquiring public utility's next general rate case, unless otherwise ordered by the Commission for good cause shown.
– The Commission shall retain its authority under Chapter 62 of the General Statutes to set rates for the acquired system in future rate cases, and shall have the discretion to classify the acquired system as a separate entity for ratemaking purposes, consistent with the public interest." SECTION 3.
– The Commission shall retain its authority under Chapter 62 of the General Statutes to set rates for the acquired system in future rate cases, consistent with the public interest." SECTION 3.
House Bill 351-Second Edition Page 3
House Bill 351-First Edition Page 3
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Action History

  1. Became Law W/o Signature

  2. Ch. SL 2018-51

  3. Concurred In S Com Sub

  4. Ordered Enrolled

  5. Ratified

  6. Pres. To Gov. 6/14/2018

  7. Reptd Fav

  8. Placed on Today's Calendar

  9. Passed 2nd Reading

  10. Passed 3rd Reading

  11. Special Message Sent To House

  12. Special Message Received For Concurrence in S Com Sub

  13. Cal Pursuant 36(b)

  14. Placed On Cal For 06/14/2018

  15. Reptd Fav Com Substitute

  16. Com Substitute Adopted

  17. Re-ref Com On Rules and Operations of the Senate

  18. Withdrawn From Com

  19. Re-ref to Commerce and Insurance. If fav, re-ref to Rules and Operations of the Senate

  20. Regular Message Sent To Senate

  21. Regular Message Received From House

  22. Passed 1st Reading

  23. Ref To Com On Rules and Operations of the Senate

  24. Amend Adopted A1

  25. Passed 2nd Reading

  26. Passed 3rd Reading

  27. Ordered Engrossed

  28. Reptd Fav Com Substitute

  29. Cal Pursuant Rule 36(b)

  30. Placed On Cal For 04/26/2017

  31. Serial Referral To State and Local Government II Stricken

  32. Passed 1st Reading

  33. Ref to the Com on Energy and Public Utilities, if favorable, State and Local Government II

  34. Filed

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 177 not signed on · 5 voted No

Sponsors (1)

Co-sponsors (1)

  • Collins

Not signed on (177)

177 members have not signed on to this bill.

Show all 177 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

M11 Concur

Passed 91 Yea · 11 Nay · 18 Other
Party YeaNayPresentNot Voting
Unaffiliated 557014
Republican 26002
Democratic 9402
U 1000
Total 9111018
% of votes cast 76%9%0%15%
How each member voted (120)
Member Party Vote
Lewis — Yea
McElraft — Not Voting
Michaux — Yea
Muller — Yea
Murphy — Not Voting
Steinburg — Yea
Zachary — Yea
Autry — Yea
Boswell — Yea
Cleveland — Yea
Conrad — Yea
Dobson — Yea
Faircloth — Yea
Farmer-Butterfield — Yea
Floyd — Yea
Fraley — Yea
Garrison — Yea
Gill — Not Voting
G.Adcock — Yea
L.Bell — Yea
C.Graham — Yea
G.Graham — Yea
G.Martin — Yea
W.Richardson — Yea
B.Turner — Yea
J.Bell — Yea
Brawley — Yea
BrendenJones — Yea
DestinHall — Yea
K.Hall — Yea
Malone — Yea
S.Martin — Yea
Beasley — Yea
Burr — Yea
Collins — Yea
Dollar — Yea
Dulin — Yea
Earle — Yea
Elmore — Yea
Goodman — Yea
Grange — Yea
Hanes — Yea
Hardister — Yea
Henson — Yea
Holley — Yea
Horn — Yea
Hurley — Yea
Lucas — Yea
McNeill — Yea
Presnell — Yea
Wray — Yea
R.Turner — Yea
DuaneHall — Nay
Jackson — Nay
B.Richardson — Nay
T.Moore(Speaker) — Not Voting
R.Moore — Not Voting
BertJones — Not Voting
Johnson — Not Voting
Stone — Not Voting
Black — Nay
Boles — Not Voting
Bradford — Not Voting
Bumgardner — Not Voting
Fisher — Nay
Hunter — Not Voting
Insko — Nay
Jordan — Not Voting
McGrady — Not Voting
Rogers — Yea
Saine — Yea
Speciale — Yea
Szoka — Yea
Terry — Nay
Williams — Yea
Yarborough — Yea
Amos L. Quick, III Democratic Yea
Becky Carney Democratic Not Voting
Cecil Brockman Democratic Yea
Cynthia Ball Democratic Yea
Dante Pittman Democratic Yea
Deb Butler Democratic Nay
Eric Ager Democratic Nay
Garland E. Pierce Democratic Yea
Graig Meyer Democratic Nay
Joe John Democratic Yea
Marcia Morey Democratic Yea
Mary Belk Democratic Not Voting
Pricey Harrison Democratic Nay
Robert T. Reives, II Democratic Yea
Shelly Willingham Democratic Yea
Carl Ford Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Donna McDowell White Republican Yea
Donny Lambeth Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Yea
Hugh Blackwell Republican Yea
Jay Adams Republican Yea
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John M. Blust Republican Yea
John Sauls Republican Yea
Julia C. Howard Republican Yea
Kelly E. Hastings Republican Yea
Kevin Corbin Republican Yea
Larry C. Strickland Republican Yea
Larry W. Potts Republican Yea
Mark Brody Republican Yea
Mike Clampitt Republican Yea
Mitchell S. Setzer Republican Yea
Phil Shepard Republican Not Voting
Sam Watford Republican Yea
Sarah Stevens Republican Yea
Stephen M. Ross Republican Yea
Ted Davis, Jr. Republican Not Voting
W. Ted Alexander Republican Yea
William D. Brisson Republican Yea
Carla D. Cunningham U Yea

Official roll call →

Second Reading

Passed 43 Yea · 4 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 9001
Unaffiliated 28302
Democratic 6100
Total 43403
% of votes cast 86%8%0%6%
How each member voted (50)
Member Party Vote
Randleman — Yea
Ballard — Yea
Barefoot — Yea
Barrett — Yea
Fitch — Nay
Foushee — Nay
D.Davis — Yea
J.Jackson — Yea
Smith — Yea
McKissick — Yea
Woodard — Yea
Brown — Yea
J.Davis — Yea
B.Jackson — Yea
Newton — Yea
Tucker — Yea
VanDuyn — Nay
Barringer — Not Voting
Bishop — Yea
Curtis — Yea
Dunn — Yea
Edwards — Yea
Gunn — Yea
Harrington — Yea
Horner — Yea
Krawiec — Yea
Meredith — Yea
Pate — Not Voting
Rabin — Yea
Tarte — Yea
Tillman — Yea
Wade — Yea
Wells — Yea
Amanda P. Cook Democratic Yea
Dan Blue Democratic Yea
Gladys A. Robinson Democratic Nay
Jay J. Chaudhuri Democratic Yea
Joyce Waddell Democratic Yea
Paul A. Lowe, Jr. Democratic Yea
Tracy Clark Democratic Yea
Bill Rabon Republican Yea
Carl Ford Republican Not Voting
Danny Earl Britt, Jr. Republican Yea
Michael V. Lee Republican Yea
Norman W. Sanderson Republican Yea
Phil Berger Republican Yea
Ralph Hise Republican Yea
Tom McInnis Republican Yea
W. Ted Alexander Republican Yea
Warren Daniel Republican Yea

Official roll call →

Subjects

public-safety transportation energy
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 351?
HB 351 is sponsored by Sam Watford (Republican) and Collins.
What is the current status of HB 351?
This bill has been enacted into law. Introduced March 14, 2017. Enacted.
Where can I track HB 351?
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