HB 1087 — Water/Wastewater Public Enterprise Reform.
Last action — Signed by Gov. 7/1/2020
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced May 14, 2020. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
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Prognosis
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Enacted
Current position in the legislative process.
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15 sponsors
0 primary, 15 co-sponsors signed on.
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Bipartisan support
Sponsored across 3 parties (5 R · 5 D · 1 I) — cross-party backing.
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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
25 added · 506 removedPlain-language change summary
The amendments to Bill HB 1087 include a change in the bill's introductory information, specifically the removal of an earlier designation and the inclusion of the current session details. This update clarifies the bill's status and streamlines the information for easier reference. It’s important because accurate and clear presentation helps lawmakers and the public understand the bill’s progress and its context within the legislative session.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 21 HOUSE BILL 1087 Committee Substitute Favorable 6/3/20 Short Title:
Water/WastewaterHealth PublicCare EnterpriseFunding Reform.Requests/COVID-19 - 1.
Representative Lambeth.
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Appropriations, if favorable, Rules, Calendar, and Operations of the House May 14, 2020 A BILL TO BE ENTITLED AN ACT TO IMPROVEPROVIDE VIABILITYADDITIONAL OFFUNDING THEFOR WATERVARIOUS ANDHEALTH WASTEWATERCARE SYSTEMSRELATED OFNEEDS CERTAININ UNITSRESPONSE OFTO LOCALTHE GOVERNMENTCOVID-19 BYPANDEMIC. REQUIRING LOCAL GOVERNMENT COMMISSION APPROVAL OF GRANT APPLICATIONS;
TO REQUIRE CERTAIN WATER AND WASTEWATER SYSTEMS TO UNDERGO A REVIEW OF INFRASTRUCTURE MANAGEMENT, ORGANIZATIONAL MANAGEMENT, AND FINANCIAL MANAGEMENT;
TO CREATE AND PROVIDE FUNDING FOR THE VIABLE UTILITY RESERVE TO PROVIDE GRANT MONEY FOR LOCAL GOVERNMENT UNITS;
TO PROVIDE A STATUTORY PROCESS FOR MERGER AND DISSOLUTION OF WATER AND WASTEWATER SYSTEMS ESTABLISHED UNDER CHAPTER 162A OF THE GENERAL STATUTES;
TO PROMOTE THE IMPORTANCE OF INTERLOCAL AGREEMENTS TO THE OPERATION OF WATER AND WASTEWATER SYSTEMS;
AND TO STUDY SUBBASIN TRANSFERS AND HISTORICAL CHARTERS.
PARTSECTION I.1.(a) The State Controller shall transfer the sum of three hundred thousand dollars ($300,000) for the 2019-2020 fiscal year from the Coronavirus Relief Reserve established under Section 2.1 of S.L.
REFORM2020-4 OFto WATERthe ANDCoronavirus WASTEWATERRelief PUBLICFund ENTERPRISESunder SECTIONthe 1.(a)Coronavirus G.S.Aid, Relief, and Economic Security (CARES) Act of 2020, P.L.
159G-20116-136, readsestablished asin rewritten:Section 2.2 of that act.
"§SECTION 159G-20.1.(b) There is appropriated from the Coronavirus Relief Fund under the CARES Act to the Department of Health and Human Services the sum of three hundred thousand dollars ($300,000) in nonrecurring funds for the 2019-2020 fiscal year for various health care needs related to public health and safety during the COVID-19 pandemic.
Definitions.SECTION 1.(c) The funds appropriated in this section shall not revert at the end of the 2019-2020 fiscal year but shall remain available to expend until December 30, 2020.
TheSECTION following2. definitions apply in this Chapter:
…The (4a)Department Distressedof unit.Health and Human Services shall provide a report to the House Appropriations Committee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, and the Fiscal Research Division by March 1, 2021, detailing the use of funds appropriated under this act.
–SECTION A3. public water system or wastewater system operated by a local government unit exhibiting signs of failure to identify or address those financial or operating needs necessary to enable that system to become or to remain a local government unit generating sufficient revenues to adequately fund management and operations, personnel, appropriate levels of maintenance, and reinvestment that facilitate the provision of reliable water or wastewater services.
…This (13)act Localis governmenteffective unit.when it becomes law.
–*H1087-v-1* Any of the following:
a.
A city as defined in G.S.
160A-1.
b.
A county.
c.
A consolidated city-county as defined in G.S.
160B-2.
d.
A county water and sewer district created pursuant to Article 6 of Chapter 162A of the General Statutes.Any of the following entities created pursuant to Chapter 162A of the General Statutes:
*H1087-v-2* General Assembly Of North Carolina Session 2019 1.
A water and sewer authority created pursuant to Article 1.
2.
A metropolitan water district created pursuant to Article 4.
3.
A metropolitan sewerage district created pursuant to Article 5.
4.
A metropolitan water and sewerage district created pursuant to Article 5A.
5.
A county water and sewer district created pursuant to Article 6.
Show all 318 changed lines (278 more)
e.
A metropolitan sewerage district or a metropolitan water district created pursuant to Article 4 of Chapter 162A of the General Statutes.
f.
A water and sewer authority created under Article 1 of Chapter 162A of the General Statutes.
g.
A sanitary district created pursuant to Part 2 of Article 2 of Chapter 130A of the General Statutes.
h.
A joint agency created pursuant to Part 1 or Part 5 of Article 20 of Chapter 160A of the General Statutes.
i.
A joint agency that was created by agreement between two cities and towns to operate an airport pursuant to G.S.
63-56 and that provided drinking water and wastewater services off the airport premises before 1 January 1995.
… (14a) Operating deficit.
– The shortage between revenues plus available reserves and operating expenditures, including capital expenditures, necessary to maintain operations in a distressed unit.
… (22a) Viable Utility Reserve.
– The Viable Utility Reserve established in G.S.
159G-22 as an account in the Water Infrastructure Fund.
…." SECTION 1.(b) G.S.
159G-22 is amended by adding two new subsections to read:
"(h) Viable Utility Reserve.
– The Viable Utility Reserve is established as an account within the Water Infrastructure Fund.
The account is established to receive appropriated State funds to be used for grants to local government units for those purposes authorized under this Article.
Revenue credited to the Viable Utility Reserve is neither received from the federal government nor provided as a match for federal funds.
(i) Viable Utility Accounts.
– The Department is directed to establish accounts within the Viable Utility Reserve to administer grants for public water systems or wastewater systems owned by local government units." SECTION 1.(c) G.S.
159G-30 reads as rewritten:
"§ 159G-30.
Department's responsibility.
The Department, through the Division of Water Infrastructure, Division, administers loans the following:
(1) Loans and grants made from the CWSRF, the DWSRF, the Wastewater Reserve, and the Drinking Water Reserve and shall administer the Reserve.
(2) The award of funds by the State Water Infrastructure Authority from the CommunityDevelopment Block Grant program to local government units for infrastructure projects.
(3) Grants made from the Viable Utility Reserve." SECTION 1.(d) G.S.
159G-31 is amended by adding two new subsections to read:
"(d) A local government unit is eligible to apply for a grant from the Viable Utility Reserve.
(e) The Local Government Commission may submit an application on behalf of a distressed unit for an emergencygrant from the Viable UtilityReserve to cover operating deficits Page 2 House Bill 1087-Second Edition General Assembly Of North Carolina Session 2019 of that local government unit's public water system or wastewater system, and any such application shall be deemed approved by the Local Government Commission upon submission." SECTION 1.(e) G.S.
159G-32 is amended by adding a new subsection to read:
"(d) Viable Utility Reserve.
– The Department is authorized to make grants from the Viable Utility Reserve to do any of the following:
(1) Provide physical interconnection and extension of public water or wastewater infrastructure to provide regional service.
(2) Rehabilitate existing public water or wastewater infrastructure.
(3) Decentralize an existing public water system or wastewater system into smaller viable parts.
(4) Fund a study of any one or more of the following:
a.
Rates.
b.
Asset inventory and assessment.
c.
Merger and regionalization options.
(5) Fund other options deemed feasible which result in local government units generating sufficient revenues to adequately fund management and operations, personnel, appropriate levels of maintenance, and reinvestment that facilitate the provision of reliable water or wastewater services.
(6) Provide emergency grants for operating deficits in accordance with G.S.
159G-34.5(a)(4)." SECTION 1.(f) Article 2 of Chapter 159G of the General Statutes is amended by adding a new section to read:
"§ 159G-34.5.
Grant types available from Viable Utility Reserve.
(a) The Department is authorized to make the following types of grants from the Viable Utility Reserve:
(1) Asset assessment and rate study grant.
– An asset inventory and assessment grant is available to inventory the existing public water or wastewater system, or both, document the condition of the inventoried infrastructure, and conduct a rate study to determine a rate structure sufficient to prevent the local government unit from becoming a distressed unit.
(2) Merger/regionalization feasibility grant.
– A merger/regionalization grant is available to determine the feasibility of consolidating the management of multiple water or wastewater systems into a single operation or to provide regional treatment or water supply and the best way of carrying out the consolidation orregionalization.TheDepartment shall not make a grant under this subdivision for a merger or regionalization proposal that would result in a new surface water transfer regulated under G.S.
143-215.22L.
(3) Project grant.
–Aproject grantisavailableforaportionofthecostsofapublic water system or wastewater system project as defined in G.S.
159G-32(d).
(4) Emergency grant for operating deficit.
– An emergency grant for operating deficits is available for distressed units if the Local Government Commission has exercised its powers under G.S.
159-181 to assume full or partial control over the affairs of the public water or wastewater system or of the local government unit or public authority that owns or operates the public water or wastewater system.
(b) A grant awarded from the Viable Utility Reserve may be awarded to a regional council of government created under Part 2 of Article 20 of Chapter 160A of the General Statutes or to a regional planning commission created under Article 19 of Chapter 153A of the General Statutes, if the Department and the Local Government Commission determine it is in the best interest of the local government unit.
House Bill 1087-Second Edition Page 3 General Assembly Of North Carolina Session 2019 (c) Each type of grant must be administered through a separate account within the Viable Utility Reserve." SECTION 1.(g) G.S.
159G-35 reads as rewritten:
"§ 159G-35.
Criteria for loans and grants.
(a) CWSRF and DWSRF.
– Federal law determines the criteria for awarding a loan or grant from the CWSRF or the DWSRF.
An award of a loan or grant from one of these accounts must meet the criteria set under federal law.
The Department is directed to establish through negotiation with the United States Environmental Protection Agency the criteria for evaluating applications for loans and grants from the CWSRF and the DWSRF and the priority assigned to the criteria.
The Department must incorporate the negotiated criteria and priorities in the Capitalization Grant Operating Agreement between the Department and the United States Environmental Protection Agency.
The criteria and priorities incorporated in the Agreement apply to a loan or grant from the CWSRF or the DWSRF.
The priority considerations in G.S.
159G-23 do not apply to a loan or grant from the CWSRF or the DWSRF.
(b) Certain Reserves.
– The priority considerations in G.S.
159G-23 apply to a loan or grant from the Wastewater Reserve or the Drinking Water Reserve.
The Department may establish by rule other criteria that apply to a loan or grant from the Wastewater Reserve or the Drinking Water Reserve.
(c) Viable UtilityReserve.
– The Local Government Commission and the Authorityshall jointly develop evaluation criteria for grants from the Viable Utility Reserve.
These evaluation criteria shall be used to review applications and award grants as provided in G.S.
159G-39." SECTION 1.(h) G.S.
159G-36 reads as rewritten:
"§ 159G-36.
Limits on loans and grants.
(a) CWSRF and DWSRF.
– Federal law governs loans and grants from the CWSRF and the DWSRF.
An award of a loan or grant from one of these accounts must be consistent with federal law.
(b) Certain Reserve Cost Limit.
– The amount of a loan or grant from the Wastewater Reserve or the Drinking Water Reserve may not exceed the construction costs of a project.
A loan or grant from one of these Reserves is available only to the extent that other funding sources are not reasonably available to the applicant.
(b1) Viable Utility Reserve Cost Limit.
– The amount of a grant from the Viable Utility Reserveshallnotexceedtheconstructioncostsofa project.A grant fromthis Reserveisavailable only to the extent that other funding sources are not reasonably available to the applicant.
(c) Certain Reserve Recipient Limit.
– The following limits apply to the loan or grant types made from the Wastewater Reserve or the Drinking Water Reserve to the same local government unit or nonprofit water corporation:
(1) The amount of loans awarded for a fiscal year may not exceed three million dollars ($3,000,000).
(2) The amount of loans awarded for three consecutive fiscal years for targeted interest rate projects may not exceed three million dollars ($3,000,000).
(3) The amount of project grants awarded for three consecutive fiscal years may not exceed three million dollars ($3,000,000).
(4) The amount of merger/regionalization feasibility grants awarded for three consecutive fiscal years may not exceed fifty thousand dollars ($50,000).
(5) The amount of asset inventory and assessment grants awarded for three consecutive fiscal years may not exceed one hundred fifty thousand dollars ($150,000).
(d) Viable UtilityReserve Recipient Limit.
– Grants under the Viable UtilityReserve are limited as follows:
(1) Grants for the purposes set forth in subdivisions (1) through (5) of G.S.
159-32(d) shall not exceed fifteen million dollars ($15,000,000) to any Page 4 House Bill 1087-Second Edition General Assembly Of North Carolina Session 2019 single local government unit.
Where two or more local government units are merging into a single utility, the total grant awarded shall not exceed thirty million dollars ($30,000,000).
(2) Grants for the purpose set forth in G.S.
159-32(d)(6) to any single local government unit shall not (i) exceed seven hundred fifty thousand dollars ($750,000) in any fiscal year and (ii) be awarded for more than three consecutive fiscal years." SECTION 1.(i) G.S.
159G-37 reads as rewritten:
"§ 159G-37.
Application to CWSRF, Wastewater Reserve, DWSRF, and Drinking Water Reserve.Reserve, and Viable Utility Reserve.
(a) Application.
– An application for a loan or grant from the CWSRF, the Wastewater Reserve, the DWSRF, or the Drinking Water Reserve Reserve, or a grant from the Viable Utility Reserve, must be filed with the Division of Water Infrastructure of the Department.
Division.
An application must be submitted on a form prescribed by the Division and must contain the information required by the Division.
An applicant must submit to the Division any additional information requested by the Division to enable the Division to make a determination on the application.
An application that does not contain information required on the application or requested by the Division is incomplete and is not eligible for consideration.
An applicant may submit an application in as many categories as it is eligible for consideration under this Article.
(b) Certification.
– The Division of Water Infrastructure shall require all local governments applying for loans or grants for water or wastewater purposes to certify that no funds received from water or wastewater utility operations have been transferred to the local government's general fund for the purpose of supplementing the resources of the general fund.
The prohibition in this section shall not be interpreted to include payments made to the local government to reimburse the general fund for expenses paid from that fund that are reasonably allocable to the regular and ongoing operations of the utility, including, but not limited to, rent and shared facility costs, engineering and design work, plan review, and shared personnel costs." SECTION 1.(j) G.S.
159G-39 is amended by adding a new subsection to read:
"(e) Viable Utility Reserve Terms.
– The Department shall not award a grant from the Viable Utility Reserve Fund unless the Local Government Commission approves the award of the grant and the terms of the grant.
Any emergency grant application submitted under G.S.
159G-31(e) shall be deemed approved by the Local Government Commission upon submission.
The Department and the Local Government Commission may, in their discretion, impose specific performance measures or conditions on any grant awarded from the Viable Utility Reserve, including any grant submitted under G.S.
159G-31(e)." SECTION 1.(k) Article 2 of Chapter 159G of the General Statutes is amended by adding a new section to read:
"§ 159G-45.
Assessment of local government units;
assistance.
(a) The Authority and the Local Government Commission shall develop criteria to determine how local government units should be assessed and reviewed in accordance with this section, and these criteria shall address at least all of the following:
(1) Whether the public water or wastewater system serves less than 10,000 customers.
(2) Whether the public water or wastewater system has an established, operational, and adequately funded program for its repair, maintenance, and management.
(3) Whether the annual debt service is disproportionate to the public water or wastewater system's annual revenue.
(4) Whether the local government unit has appropriated funds from its utility or public service enterprise fund in accordance with G.S.
159-13(b)(14) in two House Bill 1087-Second Edition Page 5 General Assembly Of North Carolina Session 2019 or more of the preceding five fiscal years without maintaining a reserve fund sufficient to provide for operating expenses, capital outlay, and debt service.
(5) Whether the local government unit has appropriated funds to supplement the operating expenses, capital outlay, or debt service on outstanding utility or enterprise bonds or notes in excess of the user fees collected in two or more of the preceding five fiscal years.
(b) Utilizing the assessment and review process, the Authority and Local Government Commission shall identify distressed units.
Each distressed unit identified under this subsection shall do all of the following:
(1) Conduct an asset assessment and rate study, as directed and approved by the Authority and the Local Government Commission.
(2) Participate in a training and educational program approved by the Authority and the Local Government Commission for that distressed unit.
Attendance shall be mandatory for any governing board members and staff whose participationisrequiredbytheAuthorityandLocal Government Commission.
The scope of training and education, and its method of delivery, shall be at the discretion of the Authority and Local Government Commission.
(3) Develop an action plan, taking into consideration all of the following:
a.
A short-term and a long-term plan for infrastructure repair, maintenance, and management.
b.
Continuing education of the governing board and system operating staff.
c.
Long-term financial management to ensure the public water system or wastewater system will generate sufficient revenue to adequately fund management and operations, personnel, appropriate levels of maintenance, and reinvestment that facilitate the provision of reliable water or wastewater services.
d.
AnyothermattersidentifiedbytheAuthorityorthe LocalGovernment Commission.
(c) Once an identified distressed unit has completed all of the requirements of subsection (b) of this section, that unit shall no longer be identified as a distressed unit for the remainder of that assessment and review cycle.
(d) The Authority and the Local Government Commission shall establish the frequency of the cycle for assessment and review of local government units under this section, which shall be no less than every two years." SECTION 2.
Chapter 162A of the General Statutes is amended by adding a new Article to read:
"Article 10.
"Dissolution and Merger of Units.
"§ 162A-850.
"Unit" defined.
For purposes of this Article, the term "unit" means any of the following entities created pursuant to this Chapter:
(1) A water and sewer authority created pursuant to Article 1.
(2) A metropolitan water district created pursuant to Article 4.
(3) A metropolitan sewerage district created pursuant to Article 5.
(4) A metropolitan water and sewerage district created pursuant to Article 5A.
(5) A county water and sewer district created pursuant to Article 6.
"§ 162A-855.
Information needed to merge or dissolve.
(a) Prior to any action by the Environmental Management Commission under this Article, for any unit to merge or dissolve, all of the following information must be supplied to the Environmental Management Commission:
Page 6 House Bill 1087-Second Edition General Assembly Of North Carolina Session 2019 (1) The name of the unit or units to be merged or dissolved.
(2) The names of the district board members of the unit or units to be merged or dissolved.
(3) The proposed date of the merger or dissolution.
(4) A map or description of the jurisdiction of the unit or units to be merged or dissolved.
(5) The name of the entity with whom the unit or units will be merged, if applicable.
(6) The names of the governing board members or district board members of the entity with which the unit is proposed to be merged, if applicable.
(7) A map or description of the jurisdiction of the entity with which the unit is proposed to be merged.
(8) Resolutions adopted by each district board or governing board requesting the merger or dissolution.
(9) Arequestfrom each chairofadistrictboardrequestingamerger ordissolution that a representative of the Environmental Management Commission hold a public hearing in that district to discuss the proposed merger or dissolution and to receive public comment.
The date, time, and place of the public hearing shall be mutually agreed to by the chair of the Environmental Management Commission and the chair of each requesting district board.
(10) A copyof the most recent audit performed in accordance with G.S.
159-34 for the unit to be merged or dissolved.
(11) A copy of any permits issued by the Department of Environmental Quality to the unit or units to be merged or dissolved.
(12) A copyof anygrant awarded under Article 2 of this Chapter involving the unit or units to be merged or dissolved and any conditions thereof, if applicable.
(13) AnyotherinformationdeemednecessarybytheDepartmentof Environmental Quality, the Local Government Commission, or the Environmental Management Commission.
(b) Upon receipt of a request to dissolve or merge, the Environmental Management Commission shall provide a copy of all information submitted in accordance with this section to the Department of Environmental Quality and the Local Government Commission.
(c) Upon confirmation of the time and place of the public hearing, each district board of an affected unit and any other governing board affected shall do all of the following:
(1) Cause notice of the public hearing to be posted, at least 30 days prior to the hearing, at the courthouse in any county within which the affected unit lies.
(2) Publish the notice at least once a week for four successive weeks in a newspaper having general circulation in the affected unit, the first publication to be at least 30 days prior to the public hearing.
(3) Publish notice in any other manner required by the Environmental Management Commission.
"§ 162A-860.
Merger of units.
(a) Any unit may merge with any other unit, any county, any city, any consolidated city-county, any sanitary district created pursuant to Part 2 of Article 2 of Chapter 130A of the General Statutes, any joint agency created pursuant to Part 1 or Part 5 of Article 20 of Chapter 160A of the General Statutes, or any joint agency that was created by agreement between two cities and towns to operate an airport pursuant to G.S.
63-56 and that provided drinking water and wastewater services off the airport premises before January 1, 1995, if the merger is a condition of receiving a grant from the Viable UtilityReserve as provided in Article 2 of Chapter 159G of the General Statutes.
The Environmental Management Commission shall adopt a House Bill 1087-Second Edition Page 7 General Assembly Of North Carolina Session 2019 resolution transferring the assets, liabilities, and other obligations to the entity with which the unit is being merged and dissolving the unit as provided for in this Article.
(b) Any unit may merge with any other unit, any county, any city, any consolidated city-county, any sanitary district created pursuant to Part 2 of Article 2 of Chapter 130A of the General Statutes, any joint agency created pursuant to Part 1 or Part 5 of Article 20 of Chapter 160A of the General Statutes, or any joint agency that was created by agreement between two cities and towns to operate an airport pursuant to G.S.
63-56 and that provided drinking water and wastewater services off the airport premises before January 1, 1995, on approval by the Environmental Management Commission, upon consultation with the Department of Environmental Quality and the Local Government Commission.
The Environmental Management Commission may adopt a resolution transferring the assets, liabilities, and other obligations to the entity with which the unit is being merged and dissolving the unit as provided for in this Article, if the Environmental Management Commission deems the merger in the best interest of the people of the State.
(c) The Environmental Management Commission shall adopt a resolution dissolving a unit and transferring the assets, liabilities, and other obligations of the unit to another unit when the procedures set forth in G.S.
162A-855 have been completed and all of the following apply:
(1) Both units are created pursuant to Article 5 of this Chapter.
(2) Both units are located in the same county.
(3) The jurisdiction of the units is contiguous.
(4) The unit to be merged and dissolved does not directly provide sewerage services to any customers.
(5) The unit to be merged and dissolved leases its assets to the unit with which it is proposed to be merged.
(6) The unit to be merged and dissolved has no outstanding debts.
"§ 162A-865.
Dissolution of units.
(a) Any unit may be dissolved if the dissolution is a condition of a grant from the Viable Utility Reserve as provided in Article 2 of Chapter 159G of the General Statutes.
The Environmental Management Commission shall adopt a resolution transferring the assets, liabilities, and other obligations as provided for in the grant conditions imposed under Article 2 of Chapter 159G of the General Statutes.
(b) Anyunit may be dissolved in order to merge that unit with anyother unit, any county, any city, any consolidated city-county, any sanitary district created pursuant to Part 2 of Article 2 of Chapter 130A of the General Statutes, any joint agency created pursuant to Part 1 or Part 5 of Article 20 of Chapter 160A of the General Statutes, or any joint agency that was created by agreement between two cities and towns to operate an airport pursuant to G.S.
63-56 and that provided drinking water and wastewater services off the airport premises before January 1, 1995, and establish a new entity created under the General Statutes, on approval by the Environmental Management Commission, upon consultation with the Department ofEnvironmental Qualityand the Local Government Commission.
The Environmental Management Commission may adopt a resolutiontransferringtheassets,liabilities,andotherobligationstothe newentityanddissolving the unit as provided for in this Article, if the Environmental Management Commission deems the merger in the best interest of the people of the State.
"§ 162A-870.
Effective date of merger or dissolution.
Upon the adoption of a resolution of merger or dissolution by the Environmental Management Commission as provided in this Article, the effective date for merger and dissolution shall be fixed as of June 30 following the adoption of the resolution or the second June 30 following the adoption of the resolution.
"§ 162A-875.
Effect of merger or dissolution.
Page 8 House Bill 1087-Second Edition General Assembly Of North Carolina Session 2019 (a) Upon adoption of the resolution of merger or dissolution by the Environmental Management Commission, all of the following shall apply on the effective date set forth in the resolution:
(1) All property, real, personal, and mixed, including accounts receivable, belonging to the dissolving unit shall be transferred, disposed of, or otherwise accounted for as provided in the resolution of merger or dissolution.
(2) All judgments, liens, rights ofliens, andcauses of action ofanynaturein favor of the dissolving unit shall vest in and remain and inure to the benefit of the merged district.
(3) All taxes, assessments, sewer charges, and any other debts, charges, or fees owing to the dissolving unit shall be owed to and collected as provided in the resolution of merger or dissolution.
(4) All actions, suits, and proceedings pending against, or having been instituted by, the dissolving unit shall not be abated by merger, but all such actions, suits, and proceedings shall be continued and completed in the same manner as if merger had not occurred, and the merged entity shall be a party to all such actions, suits, and proceedings in the place and stead of the dissolving unit and shall pay or cause to be paid any judgments rendered against the dissolving unit in any such actions, suits, or proceedings.
No new process is required to be served in any such action, suit, or proceeding.
(5) All obligations of the dissolving unit, including outstanding indebtedness, shall be assumed as provided in the resolution of merger or dissolution, and all such obligations and outstanding indebtedness shall constitute obligations and indebtedness as provided in the resolution of merger or dissolution.
(6) All ordinances, rules, regulations, and policies of the dissolving unit shall continue in full force and effect until repealed or amended by the governing body of the merged entity.
(7) The dissolving unit shall be abolished and shall no longer be constituted a public body or a body politic and corporate, except for purposes of carrying into effect the provisions and intent of this section.
(8) Governance of the district shall be as specified in the resolution of merger or dissolution, which may be amended by the Environmental Management Commission, as needed.
(b) All governingboardsand district boardsareauthorizedto taketheactions andexecute the documents necessary to effectuate the provisions and intent of this section." SECTION 3.
Article 20 of Chapter 160A of the General Statutes is amended by adding a new Part to read:
"Part 5.
Water and Wastewater Systems.
"§ 160A-481.1.
Definitions.
The words defined in this section shall have the meanings indicated when used in this Part:
(1) Local government unit.
– Defined in G.S.
159G-20 and G.S.
160A-460.
(2) Undertaking.
– Defined in G.S.
160A-460.
"§ 160A-481.2.
Interlocal cooperation authorized.
Interlocal cooperation, as provided in Part 1 of this Article, is authorized between any local government units in this State for any purpose.
When two or more local government units agree to contract for one or more undertakings under this Part, the provisions of Part 1 of this Article apply." SECTION 4.
The Department of Environmental Quality shall study the statutes and rules governing subbasin transfers and make recommendations as to whether the statutes and rules should be amended.
The study shall specifically examine whether transfers of water between subbasins within the same major river basin should continue to be required to comply House Bill 1087-Second Edition Page 9 General Assembly Of North Carolina Session 2019 with all of the same requirements under G.S.
143-215.22L as transfers of water between major river basins.
In conducting this study, the Department of Environmental Quality shall consider whether the costs of complying with specific requirements, including financial costs and time, are justified by the benefits of the requirements, including the production of useful information and public notice and involvement.
No later than January 15, 2021, the Department of Environmental Quality shall report its findings and recommendations to the Environmental Review Commission.
SECTION 5.
The Department of State Treasurer shall study and make recommendations as to the feasibility of authorizing historical charters for units of local government that have become, or are on the brink of becoming, defunct.
The study shall specifically examine whether these historical charters are needed, the impact of these charters on the bond rating of the State and its political subdivisions, and the consequences of these historical charters.
No later than January 15, 2021, the Department of State Treasurer shall report its findings and recommendations to the General Assembly.
SECTION 6.
If Senate Bill 553, 2019 Regular Session, becomes law, then Section 14 of that act is repealed.
PART II.
FUNDING SECTION 7.(a) No later than August 15, 2020, the Department of Commerce shall transfer the sum of nine million dollars ($9,000,000) in nonrecurring funds for the 2020-2021 fiscal year from the One North Carolina Fund (Budget Code:
24609;
Fund Code:
2560) to the Water Infrastructure Fund administered by the Department of Environmental Quality's Division of Water Infrastructure (Budget Code:
24327).
SECTION 7.(b) The funds transferred by this section are appropriated to the Viable Utility Reserve established by G.S.
159G-22, as amended by this act, to be used for the purposes set forth in G.S.
159G-32, as amended by this act.
PART III.
GENERAL PROVISIONS STATE BUDGET ACT APPLIES SECTION 8.
The provisions of the State Budget Act, Chapter 143C of the General Statutes, are reenacted and shall remain in full force and effect and are incorporated in this act by reference.
ADDITIONAL LIMITATIONS AND DIRECTIONS SECTION9.
Except whereexpresslyrepealedor amended bythis act, theprovisions of any other legislation enacted during the 2019 Regular Session of the General Assembly expresslyappropriating funds to an agency, a department, or an institution covered under this act shall remain in effect.
PART IV.
EFFECTIVE DATE SECTION 10.
Sections 1 through 3 of this act become effective October 1, 2020.
Sections 7 through 9 of this act become effective July 1, 2020.
The remainder of this act is effective when it becomes law.
Page 10 House Bill 1087-Second Edition
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View plain text versions (12)
- Edition 1 View text pdf
- Edition 2 View text pdf
- Edition 3 View text pdf
- Edition 4 View text pdf
- Edition 5 View text pdf
- Edition 6 View text pdf
- Ratified View text pdf
- SL 2020-79 View text pdf
- A2: AMH-65-V-5 View text pdf
- A1: AMH-68-V-2 View text pdf
- A1: AMG-64-V-3 View text Current pdf
- Introduced Filed pdf
Action History
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Signed by Gov. 7/1/2020
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Ch. SL 2020-79
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Placed on Today's Calendar
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Conf Report Adopted
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Ordered Enrolled
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Ratified
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Pres. To Gov. 6/26/2020
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Conf Com Reported
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Added to Calendar
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Conf Report Adopted
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Conf Com Reported
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Failed Concur In S Com Sub
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Conf Com Appointed
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Conf Com Appointed
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Passed 3rd Reading
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Engrossed
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Special Message Sent To House
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Special Message Received For Concurrence in S Com Sub
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Cal Pursuant 36(b)
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Placed On Cal For 06/23/2020
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Amend Adopted A1
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Amend Adopted A2
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Passed 2nd Reading
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Reptd Fav
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Reptd Fav Com Substitute
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Com Substitute Adopted
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Re-ref Com On Rules and Operations of the Senate
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Regular Message Received From House
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Passed 1st Reading
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Ref To Com On Rules and Operations of the Senate
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Withdrawn From Com
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Re-ref to Appropriations/Base Budget. If fav, re-ref to Rules and Operations of the Senate
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Regular Message Sent To Senate
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Amend Adopted A1
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Passed 3rd Reading
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Ordered Engrossed
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Passed 2nd Reading
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Reptd Fav Com Sub 2
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Ruled Material
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Cal Pursuant Rule 36(b)
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Placed On Cal For 06/10/2020
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Ruled Material
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Reptd Fav Com Substitute
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Re-ref Com On Rules, Calendar, and Operations of the House
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Filed
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Passed 1st Reading
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Ref to the Com on Appropriations, if favorable, Rules, Calendar, and Operations of the House
Sponsors
- Donny Lambeth · Cosponsor
- Mary Belk · Cosponsor
- William D. Brisson · Cosponsor
- Carla D. Cunningham · Cosponsor
- Faircloth · Cosponsor
- Insko · Cosponsor
- P. Jones · Cosponsor
- Jeffrey C. McNeely · Cosponsor
- Marcia Morey · Cosponsor
- Garland E. Pierce · Cosponsor
- Sasser · Cosponsor
- John Sauls · Cosponsor
- Donna McDowell White · Cosponsor
- Zack Hawkins · Cosponsor
- Becky Carney · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 15 co-sponsors · 164 not signed on
Sponsors (0)
None.
Co-sponsors (15)
- Donny Lambeth Republican
- Mary Belk Democratic
- William D. Brisson Republican
- Carla D. Cunningham U
- Faircloth
- Insko
- P. Jones
- Jeffrey C. McNeely Republican
- Marcia Morey Democratic
- Garland E. Pierce Democratic
- Sasser
- John Sauls Republican
- Donna McDowell White Republican
- Zack Hawkins Democratic
- Becky Carney Democratic
Not signed on (164)
164 members have not signed on to this bill.
Show all 164 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 8 | 0 | 0 | 1 |
| Unaffiliated | 23 | 0 | 0 | 5 |
| Republican | 12 | 0 | 0 | 1 |
| Total | 43 | 0 | 0 | 7 |
| % of votes cast | 86% | 0% | 0% | 14% |
How each member voted (50)
| Member | Party | Vote |
|---|---|---|
| deViere | — | Yea |
| Fitch | — | Yea |
| Foushee | — | Yea |
| Marcus | — | Yea |
| Nickel | — | Yea |
| Smith | — | Yea |
| Woodard | — | Yea |
| Ballard | — | Yea |
| Brown | — | Yea |
| J. Davis | — | Yea |
| Edwards | — | Yea |
| Gallimore | — | Yea |
| Gunn | — | Yea |
| Harrington | — | Yea |
| Horner | — | Yea |
| Johnson | — | Yea |
| Krawiec | — | Yea |
| Newton | — | Yea |
| Perry | — | Yea |
| Steinburg | — | Yea |
| Wells | — | Yea |
| Peterson | — | Not Voting |
| Searcy | — | Not Voting |
| VanDuyn | — | Not Voting |
| Bryan | — | Not Voting |
| Tillman | — | Not Voting |
| D. Davis | — | Yea |
| J. Jackson | — | Yea |
| Dan Blue | Democratic | Yea |
| Gladys A. Robinson | Democratic | Yea |
| Jay J. Chaudhuri | Democratic | Yea |
| Joyce Waddell | Democratic | Yea |
| Michael Garrett | Democratic | Yea |
| Mujtaba A. Mohammed | Democratic | Not Voting |
| Natalie S. Murdock | Democratic | Yea |
| Paul A. Lowe, Jr. | Democratic | Yea |
| Tracy Clark | Democratic | Yea |
| Bill Rabon | Republican | Yea |
| Brent Jackson | Republican | Yea |
| Carl Ford | Republican | Yea |
| Danny Earl Britt, Jr. | Republican | Not Voting |
| Jim Burgin | Republican | Yea |
| Norman W. Sanderson | Republican | Yea |
| Phil Berger | Republican | Yea |
| Ralph Hise | Republican | Yea |
| Tom McInnis | Republican | Yea |
| Vickie Sawyer | Republican | Yea |
| W. Ted Alexander | Republican | Yea |
| W. Ted Alexander | Republican | Yea |
| Warren Daniel | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 24 | 0 | 0 | 1 |
| Republican | 33 | 0 | 0 | 2 |
| Unaffiliated | 53 | 0 | 0 | 5 |
| U | 1 | 0 | 0 | 1 |
| Total | 111 | 0 | 0 | 9 |
| % of votes cast | 93% | 0% | 0% | 8% |
How each member voted (120)
| Member | Party | Vote |
|---|---|---|
| Autry | — | Yea |
| Beasley | — | Yea |
| Brewer | — | Yea |
| Clemmons | — | Yea |
| Farmer-Butterfield | — | Yea |
| Floyd | — | Yea |
| Gailliard | — | Yea |
| Garrison | — | Yea |
| Gill | — | Yea |
| Graham | — | Yea |
| Harris | — | Yea |
| Holley | — | Yea |
| Hunt | — | Yea |
| Hunter | — | Yea |
| Jackson | — | Yea |
| Martin | — | Yea |
| Montgomery | — | Yea |
| Queen | — | Yea |
| Richardson | — | Yea |
| Russell | — | Yea |
| vonHaefen | — | Yea |
| Wray | — | Yea |
| Boles | — | Yea |
| Bumgardner | — | Yea |
| Carter | — | Yea |
| Cleveland | — | Yea |
| Conrad | — | Yea |
| Dobson | — | Yea |
| Elmore | — | Yea |
| Faircloth | — | Yea |
| Fraley | — | Yea |
| Grange | — | Yea |
| Hardister | — | Yea |
| Horn | — | Yea |
| Hurley | — | Yea |
| P. Jones | — | Yea |
| Lewis | — | Yea |
| McElraft | — | Yea |
| McGrady | — | Yea |
| McNeill | — | Yea |
| Moore | — | Yea |
| Presnell | — | Yea |
| Rogers | — | Yea |
| Saine | — | Yea |
| Sasser | — | Yea |
| Speciale | — | Yea |
| Szoka | — | Yea |
| Yarborough | — | Yea |
| Zachary | — | Yea |
| Fisher | — | Not Voting |
| Insko | — | Not Voting |
| Lucas | — | Not Voting |
| Terry | — | Not Voting |
| Davis | — | Not Voting |
| C. Smith | — | Yea |
| K. Baker | — | Yea |
| K. Smith | — | Yea |
| R. Smith | — | Yea |
| Allison A. Dahle | Democratic | Yea |
| Amos L. Quick, III | Democratic | Yea |
| Becky Carney | Democratic | Yea |
| Brandon Lofton | Democratic | Yea |
| Brian Turner | Democratic | Yea |
| Carolyn G. Logan | Democratic | Yea |
| Cecil Brockman | Democratic | Not Voting |
| Cynthia Ball | Democratic | Yea |
| Dante Pittman | Democratic | Yea |
| Deb Butler | Democratic | Yea |
| Eric Ager | Democratic | Yea |
| Gale Adcock | Democratic | Yea |
| Garland E. Pierce | Democratic | Yea |
| Graig Meyer | Democratic | Yea |
| Joe John | Democratic | Yea |
| Marcia Morey | Democratic | Yea |
| Mary Belk | Democratic | Yea |
| Pricey Harrison | Democratic | Yea |
| Robert T. Reives, II | Democratic | Yea |
| Shelly Willingham | Democratic | Yea |
| Sydney Batch | Democratic | Yea |
| Terence Everitt | Democratic | Yea |
| Tracy Clark | Democratic | Yea |
| Vernetta Alston | Democratic | Yea |
| Zack Hawkins | Democratic | Yea |
| Bobby Hanig | Republican | Yea |
| Brenden H. Jones | Republican | Yea |
| Chris Humphrey | Republican | Yea |
| Dean Arp | Republican | Yea |
| Dennis Riddell | Republican | Yea |
| Destin Hall | Republican | Yea |
| Donna McDowell White | Republican | Yea |
| Donny Lambeth | Republican | Yea |
| Edward C. Goodwin | Republican | Yea |
| Frank Iler | Republican | Yea |
| Harry Warren | Republican | Yea |
| Hugh Blackwell | Republican | Yea |
| Jake Johnson | Republican | Yea |
| Jay Adams | Republican | Yea |
| Jeffrey C. McNeely | Republican | Yea |
| Jimmy Dixon | Republican | Yea |
| John A. Torbett | Republican | Yea |
| John R. Bell, IV | Republican | Yea |
| John Sauls | Republican | Yea |
| Julia C. Howard | Republican | Yea |
| Keith Kidwell | Republican | Yea |
| Kelly E. Hastings | Republican | Not Voting |
| Kevin Corbin | Republican | Yea |
| Kyle Hall | Republican | Yea |
| Larry C. Strickland | Republican | Yea |
| Larry W. Potts | Republican | Yea |
| Lisa S. Barnes | Republican | Yea |
| Mark Brody | Republican | Yea |
| Mitchell S. Setzer | Republican | Yea |
| Phil Shepard | Republican | Not Voting |
| Sarah Stevens | Republican | Yea |
| Stephen M. Ross | Republican | Yea |
| Steve Jarvis | Republican | Yea |
| W. Ted Alexander | Republican | Yea |
| William D. Brisson | Republican | Yea |
| Carla D. Cunningham | U | Not Voting |
| Nasif Majeed | U | Yea |
Subjects
Frequently asked questions
- Who sponsors HB 1087?
- HB 1087 is sponsored by Donny Lambeth (Republican), Mary Belk (Democratic), William D. Brisson (Republican), Carla D. Cunningham (U), Faircloth, Insko, P. Jones, Jeffrey C. McNeely (Republican), Marcia Morey (Democratic), Garland E. Pierce (Democratic), Sasser, John Sauls (Republican), Donna McDowell White (Republican), Zack Hawkins (Democratic), and Becky Carney (Democratic).
- What is the current status of HB 1087?
- This bill has been enacted into law. Introduced May 14, 2020. Enacted.
- Where can I track HB 1087?
- Track HB 1087 free on One Click Politics — get push/email alerts when it moves.
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