North Carolina 2021-2022 Session Status: Enacted 4 R cosponsors

HB 219 — Amend Environmental Laws.

Last action — Signed by Gov. 7/7/2022

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  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 03, 2021. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    3 primary, 3 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (4 R).

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

134 added · 133 removed

Plain-language change summary

In the latest version of House Bill 219, the language clarifies that rate adjustments for water and sewer utilities, under an approved investment plan, are capped at a maximum of 5% based on the utility's previous year’s revenues for only the second and third years of the plan. Additionally, it outlines that any ongoing rate adjustment mechanisms must be discontinued while the investment plan is in effect, which prevents overlap and potential financial strain on consumers. These changes aim to ensure that utilities can respond to unexpected costs while also protecting customers from excessive rate increases.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 H 2 HOUSE BILL 219 Committee Substitute Favorable 3/16/21 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 H 1 HOUSE BILL 219 Short Title:
Representatives Arp, Paré, Szoka, and Watford (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
March 4, 2021 A BILL TO BE ENTITLED AN ACT TO ENCOURAGE INVESTMENT IN REGULATED WATER AND SEWER SYSTEMS BY AUTHORIZING THE USE OF A WATER AND SEWER INVESTMENT PLAN RATE-MAKING MECHANISM FOR ESTABLISHING RATES OF REGULATED WATER AND SEWER UTILITIES AND TO OTHERWISE AMEND RATE ADJUSTMENT MECHANISMS FOR WATER AND SEWER IMPROVEMENTS.
Energy and Public Utilities, if favorable, Rules, Calendar, and Operations of the House March 4, 2021 A BILL TO BE ENTITLED AN ACT TO ENCOURAGE INVESTMENT IN REGULATED WATER AND SEWER SYSTEMS BY AUTHORIZING THE USE OF A WATER AND SEWER INVESTMENT PLAN RATE-MAKING MECHANISM FOR ESTABLISHING RATES OF REGULATED WATER AND SEWER UTILITIES AND TO OTHERWISE AMEND RATE ADJUSTMENT MECHANISMS FOR WATER AND SEWER IMPROVEMENTS.
(c) Any rate adjustment allowed under a Water and Sewer Investment Plan approved pursuant to this section shall not, on an annual basis for years two and three of the plan, exceed *H219-v-2* General Assembly Of North Carolina Session 2021 five percent (5%) of the utility's North Carolina retail jurisdictional gross revenues for the preceding plan year.
*H219-v-1* General Assembly Of North Carolina Session 2021 (c) Any rate adjustment allowed under a Water and Sewer Investment Plan approved pursuant to this section shall not, on an annual basis for years two and three of the plan, exceed five percent (5%) of the utility's North Carolina retail jurisdictional gross revenues for the preceding plan year.
In setting a midpoint authorized rate of return on equity for banding of authorized returns pursuant to this section, the Commission may consider any decreased or increased risk to a water or sewer utility that may result from having an approved Water and Sewer Investment Plan.
In setting a midpoint authorized rate of return on equity for banding of authorized returns pursuant to this section, the Commission may consider any decreased or increased risk to a water or Page 2 House Bill 219-First Edition General Assembly Of North Carolina Session 2021 sewer utility that may result from having an approved Water and Sewer Investment Plan.
Page 2 House Bill 219-Second Edition General Assembly Of North Carolina Session 2021 (4) Establish a procedure for the water or sewer utilityto annuallyrefund or credit to customers excess earnings above the high end of the authorized band of returns.
(4) Establish a procedure for the water or sewer utilityto annuallyrefund or credit to customers excess earnings above the high end of the authorized band of returns.
(3) Unreimbursed costs of relocating facilities due to highway construction or relocation roadway projects.
House Bill 219-First Edition Page 3 General Assembly Of North Carolina Session 2021 (3) Unreimbursed costs of relocating facilities due to highway construction or relocation roadway projects.
House Bill 219-Second Edition Page 3 General Assembly Of North Carolina Session 2021 (4) Pumps, Replacement or improvement of force mains, gravity mains, service lines, pumps, motors, blowers, and other electrical or mechanical equipment installed as in-kind replacements for customers.equipment.
(4) Pumps, Replacement or improvement of force mains, gravity mains, service lines, pumps, motors, blowers, and other electrical or mechanical equipment installed as in-kind replacements for customers.equipment.
Unreimbursed costs incurred for projects that are eligible under subdivisions (c)(5) and (d)(3) of this section shall be exempt from the percentage limitation imposed by this subsection on cumulative system improvement charges based upon annual service revenues.
Unreimbursed costs incurred for projects that are eligible under subsections (c)(5) and (d)(3) of this section shall be exempt from the percentage limitation imposed by this subsection on cumulative system improvement charges based upon annual service revenues.
Page 4 House Bill 219-Second Edition
Page 4 House Bill 219-First Edition
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How this bill changes current law

2 changes Share ↗

Compared against the N.C. General Statutes as published AI-generated reading aid — verify against the official bill.

The bill amends existing laws related to environmental management, land-use plans, and permitting processes, including updates to public notice requirements and wastewater discharge regulations.

  • G.S. 113A-110(e)

    Notice of the hearing shall be published at least one time, not less than 10 days nor more than 25 days before the date scheduled for the hearing. → Notice of the hearing shall be given not less than 30 days before the date of the hearing and published at least one time, not less than 10 days nor more than 25 days before the date scheduled for the hearing.

    This change increases the notice period for public hearings related to land-use plan adoption or amendment from 10 days to 30 days.

  • G.S. 143-215.1

    (c7) For surface waters of the State that have naturally occurring low dissolved oxygen levels, as determined by the Department, permitted wastewater discharges to such surface waters shall not cause a reduction in the dissolved oxygen levels of such surface waters of more than 0.10 mg/l below the approved modeled in-stream dissolved oxygen level for the surface waters at total permitted capacity for all discharges to such surface waters.

    This addition establishes a new regulation governing the allowable impact of wastewater discharges on water bodies with naturally low dissolved oxygen levels.

Action History

  1. Signed by Gov. 7/7/2022

  2. Ch. SL 2022-43

  3. Ratified

  4. Pres. To Gov. 6/30/2022

  5. Conf Report Adopted

  6. Ordered Enrolled

  7. Conf Com Reported

  8. Placed On Cal For 06/29/2022

  9. Conf Com Reported

  10. Added to Calendar

  11. Conf Report Adopted

  12. Conf Com Appointed

  13. Cal Pursuant 36(b)

  14. Added to Calendar

  15. Failed Concur In S Com Sub

  16. Conf Com Appointed

  17. Conferees Changed

  18. Regular Message Sent To House

  19. Regular Message Received For Concurrence in S Com Sub

  20. Passed 2nd Reading

  21. Passed 3rd Reading

  22. Reptd Fav

  23. Reptd Fav Com Substitute

  24. Com Substitute Adopted

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

  26. Withdrawn From Com

  27. Re-ref to Agriculture, Energy, and Environment. If fav, re-ref to Rules and Operations of the Senate

  28. Regular Message Received From House

  29. Passed 1st Reading

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

  31. Regular Message Sent To Senate

  32. Passed 2nd Reading

  33. Passed 3rd Reading

  34. Placed On Cal For 03/23/2021

  35. Reptd Fav

  36. Cal Pursuant Rule 36(b)

  37. Reptd Fav Com Substitute

  38. Re-ref Com On Rules, Calendar, and Operations of the House

  39. Passed 1st Reading

  40. Ref to the Com on Energy and Public Utilities, if favorable, Rules, Calendar, and Operations of the House

  41. Filed

Sponsors

Sponsorship breakdown

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3 sponsors · 3 co-sponsors · 173 not signed on · 51 voted No

Sponsors (3)

Co-sponsors (3)

Not signed on (173)

173 members have not signed on to this bill.

Show all 173 →

"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

Motion 11 Veto Override

Passed 27 Yea · 18 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 24002
Unaffiliated 3401
Democratic 01402
Total 271805
% of votes cast 54%36%0%10%
How each member voted (50)
Member Party Vote
Krawiec — Yea
Perry — Yea
Bode — Nay
Hunt — Nay
Marcus — Nay
Woodard — Nay
Proctor — Not Voting
P. Newton — Yea
Dan Blue Democratic Not Voting
DeAndrea Salvador Democratic Nay
Gale Adcock Democratic Nay
Gladys A. Robinson Democratic Nay
Graig Meyer Democratic Nay
Jay J. Chaudhuri Democratic Nay
Joyce Waddell Democratic Nay
Julie Mayfield Democratic Nay
Kandie D. Smith Democratic Not Voting
Lisa Grafstein Democratic Nay
Michael Garrett Democratic Nay
Mujtaba A. Mohammed Democratic Nay
Natalie S. Murdock Democratic Nay
Paul A. Lowe, Jr. Democratic Nay
Sydney Batch Democratic Nay
Val Applewhite Democratic Nay
Amy S. Galey Republican Yea
Benton G. Sawrey Republican Yea
Bill Rabon Republican Yea
Bobby Hanig Republican Yea
Brad Overcash Republican Yea
Brent Jackson Republican Yea
Carl Ford Republican Yea
Danny Earl Britt, Jr. Republican Yea
David W. Craven, Jr. Republican Yea
Eddie D. Settle Republican Yea
Jake Johnson Republican Yea
Jim Burgin Republican Yea
Kevin Corbin Republican Not Voting
Lisa S. Barnes Republican Not Voting
Michael A. Lazzara Republican Yea
Michael V. Lee Republican Yea
Norman W. Sanderson Republican Yea
Paul Newton Republican Yea
Phil Berger Republican Yea
Ralph Hise Republican Yea
Steve Jarvis Republican Yea
Timothy D. Moffitt Republican Yea
Tom McInnis Republican Yea
Vickie Sawyer Republican Yea
W. Ted Alexander Republican Yea
Warren Daniel Republican Yea

Official roll call →

Veto Override

Passed 74 Yea · 45 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 23200
Republican 56001
Unaffiliated 161100
U 0200
Total 744501
% of votes cast 62%38%0%1%
How each member voted (120)
Member Party Vote
Bradford — Yea
Cleveland — Yea
Crutchfield — Yea
Elmore — Yea
Faircloth — Yea
Fontenot — Yea
Hardister — Yea
Lowery — Yea
Mills — Yea
Moore — Yea
Reeder — Yea
Saine — Yea
Sasser — Yea
CarsonSmith — Yea
Sossamon — Yea
Autry — Nay
Clemmons — Nay
Gill — Nay
Harris — Nay
Lucas — Nay
Rudow — Nay
CharlesSmith — Nay
Staton-Williams — Nay
vonHaefen — Nay
Wray — Nay
F. Jackson — Nay
K. Baker — Yea
Abe Jones Democratic Nay
Allen Buansi Democratic Nay
Allison A. Dahle Democratic Nay
Amber M. Baker Democratic Nay
Amos L. Quick, III Democratic Nay
B. Ray Jeffers Democratic Nay
Becky Carney Democratic Nay
Brandon Lofton Democratic Nay
Carolyn G. Logan Democratic Nay
Cecil Brockman Democratic Yea
Cynthia Ball Democratic Nay
Deb Butler Democratic Nay
Eric Ager Democratic Nay
Garland E. Pierce Democratic Nay
Gloristine Brown Democratic Nay
James Roberson Democratic Nay
Joe John Democratic Nay
Kanika Brown Democratic Nay
Laura Budd Democratic Nay
Lindsey Prather Democratic Nay
Marcia Morey Democratic Nay
Maria Cervania Democratic Nay
Mary Belk Democratic Nay
Pricey Harrison Democratic Nay
Renée A. Price Democratic Nay
Robert T. Reives, II Democratic Nay
Sarah Crawford Democratic Nay
Shelly Willingham Democratic Yea
Terence Everitt Democratic Nay
Terry M. Brown Jr. Democratic Nay
Tim Longest Democratic Nay
Vernetta Alston Democratic Nay
Ya Liu Democratic Nay
Zack Hawkins Democratic Nay
A. Reece Pyrtle, Jr. Republican Yea
Allen Chesser Republican Yea
Ben T. Moss, Jr. Republican Yea
Bill Ward Republican Yea
Brenden H. Jones Republican Yea
Brian Biggs Republican Yea
Celeste C. Cairns Republican Yea
Charles W. Miller Republican Yea
Chris Humphrey Republican Yea
David Willis Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Destin Hall Republican Yea
Diane Wheatley Republican Yea
Donna McDowell White Republican Yea
Donnie Loftis Republican Yea
Donny Lambeth Republican Yea
Dudley Greene Republican Yea
Edward C. Goodwin Republican Yea
Erin Paré Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Yea
Howard Penny, Jr. Republican Yea
Hugh Blackwell Republican Yea
Jake Johnson Republican Yea
Jay Adams Republican Yea
Jeff Zenger Republican Yea
Jeffrey C. McNeely Republican Yea
Jennifer Balkcom Republican Yea
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John R. Bell, IV Republican Yea
John Sauls Republican Yea
Joseph Pike Republican Yea
Julia C. Howard Republican Yea
Karl E. Gillespie Republican Yea
Keith Kidwell Republican Yea
Kelly E. Hastings Republican Yea
Kyle Hall Republican Yea
Larry C. Strickland Republican Yea
Larry W. Potts Republican Yea
Mark Brody Republican Yea
Mark Pless Republican Yea
Matthew Winslow Republican Yea
Mike Clampitt Republican Yea
Mitchell S. Setzer Republican Yea
Neal Jackson Republican Yea
Phil Shepard Republican Yea
Ray Pickett Republican Yea
Sam Watford Republican Yea
Sarah Stevens Republican Yea
Stephen M. Ross Republican Yea
Steve Tyson Republican Yea
Ted Davis, Jr. Republican Yea
Tricia Ann Cotham Republican Yea
W. Ted Alexander Republican Not Voting
William D. Brisson Republican Yea
Carla D. Cunningham U Nay
Nasif Majeed U Nay

Official roll call →

Conference Rpt Motion 8 To Adopt

Passed 41 Yea · 2 Nay · 7 Other
Party YeaNayPresentNot Voting
Democratic 13000
Unaffiliated 14103
Republican 14104
Total 41207
% of votes cast 82%4%0%14%
How each member voted (50)
Member Party Vote
deViere — Yea
Fitch — Yea
Marcus — Yea
Nickel — Yea
Woodard — Yea
Ballard — Yea
Edwards — Yea
Harrington — Yea
Johnson — Yea
Krawiec — Yea
Perry — Yea
Proctor — Yea
Foushee — Nay
Bazemore — Not Voting
Steinburg — Not Voting
D. Davis — Not Voting
J. Jackson — Yea
P. Newton — Yea
Dan Blue Democratic Yea
DeAndrea Salvador Democratic Yea
Gladys A. Robinson Democratic Yea
Jay J. Chaudhuri Democratic Yea
Joyce Waddell Democratic Yea
Julie Mayfield Democratic Yea
Michael Garrett Democratic Yea
Mujtaba A. Mohammed Democratic Yea
Natalie S. Murdock Democratic Yea
Paul A. Lowe, Jr. Democratic Yea
Sarah Crawford Democratic Yea
Sydney Batch Democratic Yea
Tracy Clark Democratic Yea
Amy S. Galey Republican Not Voting
Bill Rabon Republican Yea
Brent Jackson Republican Yea
Carl Ford Republican Yea
Danny Earl Britt, Jr. Republican Yea
David W. Craven, Jr. Republican Yea
Jim Burgin Republican Yea
Kevin Corbin Republican Yea
Lisa S. Barnes Republican Not Voting
Michael A. Lazzara Republican Not Voting
Michael V. Lee Republican Not Voting
Norman W. Sanderson Republican Yea
Phil Berger Republican Yea
Ralph Hise Republican Yea
Steve Jarvis Republican Yea
Tom McInnis Republican Yea
Vickie Sawyer Republican Yea
W. Ted Alexander Republican Nay
Warren Daniel Republican Yea

Official roll call →

C RPT Adoption

Passed 95 Yea · 18 Nay · 7 Other
Party YeaNayPresentNot Voting
Democratic 131203
Republican 46002
Unaffiliated 34602
U 2000
Total 951807
% of votes cast 79%15%0%6%
How each member voted (120)
Member Party Vote
Clemmons — Yea
Farkas — Yea
Gailliard — Yea
Garrison — Yea
Gill — Yea
Harris — Yea
Hunt — Yea
Hunter — Yea
Hurtado — Yea
Lucas — Yea
Richardson — Yea
Wray — Yea
Boles — Yea
Bradford — Yea
Cleveland — Yea
Davis — Yea
Elmore — Yea
Faircloth — Yea
Hardister — Yea
Hurley — Yea
Johnson — Yea
McElraft — Yea
McNeill — Yea
Mills — Yea
Moore — Yea
Rogers — Yea
Saine — Yea
Sasser — Yea
Szoka — Yea
Yarborough — Yea
Zachary — Yea
Autry — Nay
Cooper-Suggs — Nay
Graham — Nay
Martin — Nay
Rudow — Nay
Terry — Nay
vonHaefen — Not Voting
C. Smith — Yea
K. Baker — Yea
K. Smith — Yea
R. Smith — Not Voting
Abe Jones Democratic Yea
Allen Buansi Democratic Yea
Allison A. Dahle Democratic Nay
Amber M. Baker Democratic Yea
Amos L. Quick, III Democratic Yea
Becky Carney Democratic Yea
Brandon Lofton Democratic Yea
Brian Turner Democratic Yea
Carolyn G. Logan Democratic Not Voting
Cecil Brockman Democratic Nay
Cynthia Ball Democratic Nay
Dante Pittman Democratic Yea
Deb Butler Democratic Nay
Eric Ager Democratic Nay
Gale Adcock Democratic Yea
Garland E. Pierce Democratic Not Voting
Graig Meyer Democratic Nay
James Roberson Democratic Yea
Joe John Democratic Nay
Marcia Morey Democratic Nay
Mary Belk Democratic Nay
Pricey Harrison Democratic Nay
Robert T. Reives, II Democratic Yea
Shelly Willingham Democratic Yea
Terence Everitt Democratic Nay
Terry M. Brown Jr. Democratic Yea
Vernetta Alston Democratic Nay
Zack Hawkins Democratic Not Voting
A. Reece Pyrtle, Jr. Republican Yea
Ben T. Moss, Jr. Republican Yea
Bobby Hanig Republican Yea
Brenden H. Jones Republican Yea
Charles W. Miller Republican Yea
Chris Humphrey Republican Yea
David Willis Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Destin Hall Republican Yea
Diane Wheatley Republican Yea
Donna McDowell White Republican Yea
Donnie Loftis Republican Yea
Donny Lambeth Republican Yea
Dudley Greene Republican Yea
Edward C. Goodwin Republican Yea
Erin Paré Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Yea
Howard Penny, Jr. Republican Yea
Hugh Blackwell Republican Yea
Jay Adams Republican Yea
Jeff Zenger 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
Karl E. Gillespie Republican Yea
Keith Kidwell Republican Yea
Kelly E. Hastings Republican Yea
Kyle Hall Republican Yea
Larry C. Strickland Republican Yea
Larry W. Potts Republican Yea
Mark Brody Republican Yea
Mark Pless Republican Yea
Matthew Winslow Republican Not Voting
Mike Clampitt Republican Yea
Mitchell S. Setzer Republican Yea
Phil Shepard Republican Yea
Ray Pickett Republican Yea
Sam Watford Republican Yea
Sarah Stevens Republican Not Voting
Steve Tyson Republican Yea
Timothy D. Moffitt Republican Yea
W. Ted Alexander Republican Yea
William D. Brisson Republican Yea
Carla D. Cunningham U Yea
Nasif Majeed U Yea

Official roll call →

Subjects

environment transportation
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Frequently asked questions

Who sponsors HB 219?
HB 219 is sponsored by Dean Arp (Republican), Erin Paré (Republican), Szoka, Sam Watford (Republican), Timothy D. Moffitt (Republican), and Wray.
What is the current status of HB 219?
This bill has been enacted into law. Introduced March 03, 2021. Enacted.
Where can I track HB 219?
Track HB 219 free on One Click Politics — get push/email alerts when it moves.

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