North Carolina 2023-2024 Session Status: Passed Senate 7 R cosponsors

SB 95 — Expedite Water/Wastewater Franchise Transfer.

Last action — Passed 1st Reading

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

This bill died with 2023-2024 Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

13 added · 31 removed

Plain-language change summary

The recent changes to Senate Bill 95 include the removal of outdated filing information and some formatting adjustments. This update does not alter the content or intent of the bill, which aims to speed up the process for transferring water or wastewater utilities. This streamlined language helps ensure that the focus remains on the bill’s goal of improving utility management for communities. Ultimately, this is important because faster transfers can lead to better service and reliability for residents.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 S 2 SENATE BILL 95 Agriculture, Energy, and Environment Committee Substitute Adopted 2/28/23 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 S 1 SENATE BILL 95 Short Title:
Senators Barnes and Daniel (Primary Sponsors).
February 14, 2023 A BILL TO BE ENTITLED ANACT TOEXPEDITE TRANSFER OFWATER OR WASTEWATER PUBLIC UTILITIES.
Rules and Operations of the Senate February 14, 2023 A BILL TO BE ENTITLED ANACT TOEXPEDITE TRANSFER OFWATER OR WASTEWATER PUBLIC UTILITIES.
SECTION 1.(a) G.S.
SECTION 1.
G.S.
"(f) Within 30 days of the filing of an application for the transfer of a water or wastewater franchise under this section, or for a certificate of public convenience and necessity to acquire control of or operate a water or wastewater system pursuant to G.S.
"(f) Within 30 days of the filing of an application for the transfer of a water or wastewater franchise under this section, or for a certificate of public convenience and necessity to acquire control or operate a water or wastewater system pursuant to G.S.
62-110, the Commission shall (i)determinewhetherornot theapplicationis complete andnotifytheapplicant accordingly and (ii) if the Commission determines an application is incomplete, specify all such deficiencies in the notice to the applicant.
62-110, the Commission shall (i) determine whether or not the application is complete and notify the applicant accordingly and (ii) if the Commission determines an application is incomplete, specify all such deficiencies in the notice to the applicant.
Within 210 days of the filing of a completed application, the Commission shall issue an order approving the application upon finding that the proposed transfer, including adoption of the transferring utility's currently approved rates, or the requested certificate of convenience and necessity, as applicable, is in the public interest, will not adversely affect service to the public under any existing franchise, and the person acquiring said franchise or certificate of public convenience and necessity has the technical, managerial, and financial capabilities necessary to provide public utility service to the public.
Within 180 days of the filing of a completed application, the Commission shall issue an order approving the application upon finding that the proposed transfer, including adoption of the transferring utility's currently approved rates, or the requested certificate of convenience and necessity, as applicable, is in the public interest, will not adversely affect service to the public under any existing franchise, and the person acquiring said franchise or certificate of public convenience and necessity has the technical, managerial, and financial capabilities necessary to provide public utility service to the public.
The requirements of this subsection shall only apply to water or wastewater systems with an unresolved notice of violation issued by the Department of Environmental Quality." SECTION 1.(b) For applications for transfer or certificates of public convenience and necessity for the transfer of a water or wastewater franchise under G.S.
The requirements of this subsection shall only apply to water or wastewater systems with an unresolved notice of violation issued by the Department of Environmental Quality." SECTION 2.
62-111, or for a certificate of public convenience and necessity to acquire control of or operate a water or wastewater system pursuant to G.S.
This act is effective when it becomes law and applies to applications for transfer or certificates of public convenience and necessity pending or filed on or after that date.
62-110, pending on the date this act becomes law, the Commission shall issue an order approving the application no later than 180 days after that date, if the following conditions are satisfied:
*S95-v-1*
(1) The Commission finds that the proposed transfer, including adoption of the transferring utility's currently approved rates, or the requested certificate of convenience and necessity, as applicable, is in the public interest, will not adversely affect service to the public under any existing franchise, and the person acquiring said franchise or certificate of public convenience and necessityhas the technical, managerial, and financial capabilities necessaryto provide public utility service to the public.
(2) The water or wastewater system has an unresolved notice of violation issued by the Department of Environmental Quality.
*S95-v-2* General Assembly Of North Carolina Session 2023 SECTION 2.
This act is effective when it becomes law.
G.S.
62-111(f), as enacted bySection1(a)ofthisact,appliestoapplicationsfortransferorcertificates ofpublicconvenience and necessity filed on or after that date.
Page 2 Senate Bill 95-Second Edition
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Action History

  1. Passed 1st Reading

  2. Ref To Com On Rules, Calendar, and Operations of the House

  3. Regular Message Sent To House

  4. Regular Message Received From Senate

  5. Passed 2nd Reading

  6. Passed 3rd Reading

  7. Reptd Fav

  8. Reptd Fav Com Substitute

  9. Com Substitute Adopted

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

  11. Withdrawn From Com

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

  13. Passed 1st Reading

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

  15. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 6 co-sponsors · 172 not signed on

Sponsors (1)

Co-sponsors (6)

Not signed on (172)

172 members have not signed on to this bill.

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"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

Subjects

public-safety environment transportation
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Frequently asked questions

Who sponsors SB 95?
SB 95 is sponsored by Lisa S. Barnes (Republican), Warren Daniel (Republican), Amy S. Galey (Republican), Steve Jarvis (Republican), Michael A. Lazzara (Republican), Timothy D. Moffitt (Republican), and Paul Newton (Republican).
What is the current status of SB 95?
This bill died with 2023-2024 Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 95?
Track SB 95 free on One Click Politics — get push/email alerts when it moves.

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