North Carolina 2025 Session Status: In Committee 11 R cosponsors

SB 428 — IBT Reforms.

Last action — Passed 1st Reading

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

This bill is in committee in the Senate. Introduced March 24, 2025. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the Senate.

Prognosis

Stalled 26% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • In Committee

    Current position in the legislative process.

  • 11 sponsors

    2 primary, 9 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (11 R).

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

44 added · 45 removed

Plain-language change summary

The updated version of Senate Bill 428 clarifies the definition of "river basin" to ensure it includes all areas of the basin, even parts that aren't fed by groundwater. It also specifies that public water systems must describe how they will mitigate any negative impacts from water transfers, which is important to protect the environment and local communities. These changes aim to enhance transparency and accountability in managing water resources, ensuring that critical considerations are taken into account before transferring water between basins.

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FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA Mar 24, 2025 S.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 S 1 SENATE BILL 428 Short Title:
428 SESSION 2025 PRINCIPAL CLERK S D SENATE BILL DRS45236-MH-66A Short Title:
A BILL TO BE ENTITLED AN ACT TO REVISE THE LAWS GOVERNING TRANSFERS OF SURFACE WATER BETWEEN RIVER BASINS.
Rules and Operations of the Senate March 25, 2025 A BILL TO BE ENTITLED AN ACT TO REVISE THE LAWS GOVERNING TRANSFERS OF SURFACE WATER BETWEEN RIVER BASINS.
The term "river basin" includes any portion of the river basin that extends into another state.
The term "river basin" includes anyportion of the river basin that extends into another state.
– Any of the waters of the State locatedon thelandsurfacethatarenot derivedbypumping from groundwater.
– Any of the waters of the State locatedon thelandsurfacethatarenot derivedbypumpingfrom groundwater.
– The withdrawal, diversion, or pumping of surface water from one river basin and discharge of all or any part of the water in a river basin different from the origin.
– The withdrawal, diversion, or pumping of surface water from one river basin and discharge of all or anypart of the water in a river basin different from the origin.
*DRS45236-MH-66A* General Assembly Of North Carolina Session 2025 b.
*S428-v-1* General Assembly Of North Carolina Session 2025 b.
(2) Increase the amount of an existing transfer of water from one river basin to anotherby twenty-fivepercent (25%) ormore abovethe average dailyamount transferred during the year ending 1 July 1993 if the total transfer including the increase is 2,000,000 gallons or more per day.
(2) Increase the amount of an existing transfer of water from one river basin to anotherbytwenty-fivepercent (25%) ormore abovethe average dailyamount transferred during the year ending 1 July 1993 if the total transfer including the increase is 2,000,000 gallons or more per day.
Page 2 DRS45236-MH-66A General Assembly Of North Carolina Session 2025 b.
Page 2 Senate Bill 428-First Edition General Assembly Of North Carolina Session 2025 b.
DRS45236-MH-66A Page 3 General Assembly Of North Carolina Session 2025 d.
Senate Bill 428-First Edition Page 3 General Assembly Of North Carolina Session 2025 d.
(3) By giving notice by first-class mail or electronic mail to each of the following:
(3) Bygiving notice byfirst-class mail or electronic mail to each of the following:
The board of commissioners of each county in this State or the governing body of any county or city that is politically independent of a county in any state that is located entirely or partially within the receiving river basin of the proposed transfer and that also falls within, in whole or in part, the area denoted by one of the eight-digit cataloging units listed in sub-subdivision b.
The board of commissioners of each county in this State or the governing body of any county or city that is politically independent of a county in any state that is located entirely or partially within the receivingriver basin of the proposed transfer and that also falls within, in whole or in part, the area denoted by one of the eight-digit cataloging units listed in sub-subdivision b.
The applicant who petitions Page 4 DRS45236-MH-66A General Assembly Of North Carolina Session 2025 the Commission for a certificate under this section shall pay the cost of special studies necessary to comply with Article 1 of Chapter 113A of the General Statutes.
The applicant who petitions Page 4 Senate Bill 428-First Edition General Assembly Of North Carolina Session 2025 the Commission for a certificate under this section shall pay the cost of special studies necessary to comply with Article 1 of Chapter 113A of the General Statutes.
(2) An evaluation of alternatives to the proposed interbasin transfer, including watersupply sources that donot require aninterbasin transfer anduseof water conservation measures.
(2) An evaluation of alternatives to the proposed interbasin transfer, including watersupplysources that donot require aninterbasin transfer anduseof water conservation measures.
(3) A description of measures to mitigate any adverse impacts that may arise from the proposed interbasin transfer.
(3) A description of measures to mitigate anyadverse impacts that mayarise from the proposed interbasin transfer.
(4) With respect to petitions for certificates for a major transfer, a demonstration that the petitioner, if the petitioner owns or operates a drinking water system, has a waterloss ratioof less thanfifteenpercent (15%).
(4) With respect to petitions for certificates for a major transfer, a demonstration that the petitioner, if the petitioner owns or operates a drinking water system, has a waterloss ratioof less thanfifteenpercent (15%).TheCommission shall specify by rule the form and manner for calculating and presenting the water loss ratio.
TheCommission shall specify by rule the form and manner for calculating and presenting the water loss ratio.
in-stream flow data for segments of the source and receiving rivers that may be affected by the transfer;
in-stream flow data for segments of the source and receiving rivers that maybe affected bythe transfer;
and any waters that are impaired pursuant to section 303(d) of the federal Clean Water Act (33 U.S.C.
and anywaters that are impaired pursuant to section 303(d) of the federal Clean Water Act (33 U.S.C.
(5) Adescriptionofallsourcesofwaterwithinthereceivingriverbasin,including surface water impoundments, groundwater wells, reinjection storage, and purchase of water from another source within the river basin, that is a DRS45236-MH-66A Page 5 General Assembly Of North Carolina Session 2025 practicable alternative to the proposed transfer that would meet the applicant's water supply needs.
(5) Adescriptionofallsourcesofwaterwithinthereceivingriverbasin,including surface water impoundments, groundwater wells, reinjection storage, and purchase of water from another source within the river basin, that is a Senate Bill 428-First Edition Page 5 General Assembly Of North Carolina Session 2025 practicable alternative to the proposed transfer that would meet the applicant's water supply needs.
143-355(l) from the source river basin, including transfers and withdrawals at the time of the petition for a certificate and any planned or reasonably foreseeable transfers or withdrawals by a public water system with service area located within the source river basin.
143-355(l) from the source river basin, including transfers and withdrawals at the time of the petition for a certificate and any planned or reasonablyforeseeable transfers or withdrawals by a public water system with service area located within the source river basin.
Evidence of statements made and conduct that Page 6 DRS45236-MH-66A General Assembly Of North Carolina Session 2025 occurs in a settlement discussion conducted under this subsection, whether attributable to a party, a mediation officer, or other person shall not be subject to discovery and shall be inadmissible in any subsequent proceeding on the petition for a certificate.
Evidence of statements made and conduct that Page 6 Senate Bill 428-First Edition General Assembly Of North Carolina Session 2025 occurs in a settlement discussion conducted under this subsection, whether attributable to a party, a mediation officer, or other person shall not be subject to discovery and shall be inadmissible in any subsequent proceeding on the petition for a certificate.
– Within 60 days of the issuance of the draftdetermination as providedin subsection(i)of this section,theCommission shall hold public hearings on the draft determination.
– Within 60 days of the issuance of the draftdetermination as providedin subsection(i)of this section,the Commission shall hold public hearings on the draft determination.
The Commission shall accept written comment on the draft determination for a minimum of 30 days following the last public hearing.
The Commission shall accept written comment on the draft determination for a minimum of 30 days followingthe last public hearing.
143-355(l) shall be used to evaluate the projected future water needs in the source river basin that will be met by public water systems.
143-355(l) shall be used to evaluate the projected future water needs in the source river basin that will be met bypublic water systems.
Information on projected future water needs for public water systems with service area located within the source river basin that is more recent than the local water supply plans may be used if the Commission finds the information to be reliable.
Information on projected future water needs for public water systems with service area located within the source river basin that is more recent than the local water supplyplans maybe used if the Commission finds the information to be reliable.
(3) The cumulative effect on the source major river basin of any water transfer or consumptive water use that, at the time the Commission considers the petition for a certificate is occurring, is authorized under this section, or is projected DRS45236-MH-66A Page 7 General Assembly Of North Carolina Session 2025 in any local water supply plan for public water systems with service area located within the source river basin that has been submitted to the Department in accordance with G.S.
(3) The cumulative effect on the source major river basin of any water transfer or consumptive water use that, at the time the Commission considers the petition for a certificate is occurring, is authorized under this section, or is projected Senate Bill 428-First Edition Page 7 General Assembly Of North Carolina Session 2025 in any local water supply plan for public water systems with service area located within the source river basin that has been submitted to the Department in accordance with G.S.
Information on projected future water needs that is more recent than the local water supply plans may be used if the Commission finds the information to be reliable.
Information on projected future water needs that is more recent than the local water supply plans maybe used if the Commission finds the information to be reliable.
The determinationshallincludeaspecificfinding asto measuresthatarenecessary or advisable to mitigate or avoid detrimental impacts on the receiving river basin.basin, and whether drought mitigation and resiliency infrastructure improvements in the source basin are necessary to avoid detrimental impacts to affected communities in the source basin during droughts and other low-flow conditions.
The determinationshallincludeaspecificfindingasto measuresthatarenecessary or advisable to mitigate or avoid detrimental impacts on the receiving river basin.basin, and whether drought mitigation and resiliency infrastructure improvements in the source basin are necessary to avoid detrimental impacts to affected communities in the source basin during droughts and other low-flow conditions.
The extent to which access to potential sources of surface water or groundwater within the receiving river basin is no longer available due to depletion, contamination, or the declaration of a capacity use area under Part 2 of Article 21 of Chapter 143 of the General Statutes.
The extent to which access to potential sources of surface water or groundwater within the receivingriver basin is no longer available due to depletion, contamination, or the declaration of a capacity use area under Part 2 of Article 21 of Chapter 143 of the General Statutes.
The Page 8 DRS45236-MH-66A General Assembly Of North Carolina Session 2025 Commission must also specifically find that the applicant has submitted sufficient evidence that, at the time of the petition, the applicant's water loss ratio, as determinedundersubdivision(d)(4)ofthis section,is less thanfifteen percent (15%).
The Page 8 Senate Bill 428-First Edition General Assembly Of North Carolina Session 2025 Commission must also specifically find that the applicant has submitted sufficient evidence that, at the time of the petition, the applicant's water loss ratio, as determinedundersubdivision(d)(4)ofthis section,is less thanfifteen percent (15%).
(7) Ifthewatertobewithdrawnortransferredisstoredinamultipurposereservoir constructed by the United States Army Corps of Engineers, the purposes and water storage allocations established for the reservoir at the time the reservoir was authorized by the Congress of the United States.
(7) Ifthewatertobewithdrawnortransferredisstoredinamultipurpose reservoir constructed by the United States Army Corps of Engineers, the purposes and water storage allocations established for the reservoir at the time the reservoir was authorized by the Congress of the United States.
In making this determination, the Commission shall be guided by the approved environmental document and the policy set out in subsection (t) of this section.
In making this determination, the Commission shall be guided bythe approved environmental document and the policy set out in subsection (t) of this section.
DRS45236-MH-66A Page 9 General Assembly Of North Carolina Session 2025 (4) There are no reasonable alternatives to the proposed transfer.
Senate Bill 428-First Edition Page 9 General Assembly Of North Carolina Session 2025 (4) There are no reasonable alternatives to the proposed transfer.
– The Commission may grant the certificate in whole or in part, or deny the certificate.
– The Commission may grant the certificate in whole or in part, or denythe certificate.
(1) A water conservation plan that specifies the water conservation measures that will be implemented by the applicant in the receiving river basin to ensure the efficient use of the transferred water.
(1) A water conservation plan that specifies the water conservation measures that will be implemented bythe applicant in the receiving river basin to ensure the efficient use of the transferred water.
Except in circumstances of technical or economic infeasibility or adverse environmental impact, this drought management plan shall include mandatory reductions in the permitted amount of the transfer based on the severity and duration of a drought occurring within the source river basin and shall provide for the mandatory implementation of a drought management plan by the applicant that equals or exceeds the most stringent water conservation plan implemented by a public water system that withdraws water from the source river basin.
Except in circumstances of technical or economic infeasibility or adverse environmental impact, this drought management plan shall include mandatoryreductions in the permitted amount of the transfer based on the severity and duration of a drought occurring within the source river basin and shall provide for the mandatory implementation of a drought management plan by the applicant that equals or exceeds the most stringent water conservation plan implemented by a public water system that withdraws water from the source river basin.
This limitation shall not apply in the case of a proposed resale or transfer among public water systems within the receiving river basin as part of an interlocal agreement or other regional water supply arrangement, provided that each participant in the interlocal agreement or regional water supply arrangement is a co-applicant for the certificate and will be subject to Page 10 DRS45236-MH-66A General Assembly Of North Carolina Session 2025 all the terms, conditions, and limitations made applicable to any lead or primary applicant.
This limitation shall not apply in the case of a proposed resale or transfer among public water systems within the receiving river basin as part of an interlocal agreement or other regional water supply arrangement, provided that each participant in the interlocal agreement or regional water supply arrangement is a co-applicant for the certificate and will be subject to Page 10 Senate Bill 428-First Edition General Assembly Of North Carolina Session 2025 all the terms, conditions, and limitations made applicable to any lead or primary applicant.
(8) With respect to a new or modified transfer that is a major transfer, provisions requiring that (i) the term of the certificate is 20 years and may not be renewed or extended and (ii) that the petitioner reserve no less than ten percent (10%) of gross revenues from its water and wastewater operations for the duration of the certificate to a fund that shall be used only for the planning, permitting, and construction of water treatment facilities or other water or wastewater infrastructure in the source basin that will reduce the total transfer below 15,000,000 gallons per day.
(8) With respect to a new or modified transfer that is a major transfer, provisions requiring that (i) the term of the certificate is 20 years and maynot be renewed or extended and (ii) that the petitioner reserve no less than ten percent (10%) of gross revenues from its water and wastewater operations for the duration of the certificate to a fund that shall be used only for the planning, permitting, and construction of water treatment facilities or other water or wastewater infrastructure in the source basin that will reduce the total transfer below 15,000,000 gallons per day.
DRS45236-MH-66A Page 11 General Assembly Of North Carolina Session 2025 (2) A person who holds a certificate for an interbasin transfer of water may request that the Commission modify the certificate.
Senate Bill 428-First Edition Page 11 General Assembly Of North Carolina Session 2025 (2) A person who holds a certificate for an interbasin transfer of water may request that the Commission modify the certificate.
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The Department shall provide written notice of the request for the modification and the public hearing in the Environmental Bulletin, a newspaperofgeneral circulation in thesourceriver basin, anewspaper of general circulation in the receiving river basin, and as provided in subdivision (3) of subsection (c) of this section.
The Department shall provide written notice of the request for the modification and the public hearing in the Environmental Bulletin, a newspaperof general circulation in thesourceriver basin, anewspaper of general circulation in the receiving river basin, and as provided in subdivision (3) of subsection (c) of this section.
The Commission shall not grant a request for modification if the modification would be inconsistent with the December 3, 2010 Page 12 DRS45236-MH-66A General Assembly Of North Carolina Session 2025 Settlement Agreement entered into between the State of North Carolina, the State of South Carolina, Duke Energy Carolinas, and the Catawba River Water Supply Project.
The Commission shall not grant a request for modification if the modification would be inconsistent with the December 3, 2010 Page 12 Senate Bill 428-First Edition General Assembly Of North Carolina Session 2025 Settlement Agreement entered into between the State of North Carolina, the State of South Carolina, Duke Energy Carolinas, and the Catawba River Water Supply Project.
DRS45236-MH-66A Page 13
Senate Bill 428-First Edition Page 13
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Action History

  1. Passed 1st Reading

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

  3. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 9 co-sponsors · 168 not signed on

Sponsors (2)

Co-sponsors (9)

Not signed on (168)

168 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

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Frequently asked questions

Who sponsors SB 428?
SB 428 is sponsored by Eddie D. Settle (Republican), Benton G. Sawrey (Republican), Paul Newton (Republican), Tom McInnis (Republican), Ralph Hise (Republican), Amy S. Galey (Republican), Bob Brinson (Republican), Lisa S. Barnes (Republican), Mark Hollo (Republican), Timothy D. Moffitt (Republican), and Warren Daniel (Republican).
What is the current status of SB 428?
This bill is in committee in the Senate. Introduced March 24, 2025. It must pass committee before a floor vote.
Where can I track SB 428?
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