Vetoed by Governor Roy Cooper III

Vote Smart's Synopsis:

Vote to adopt a conference report that establishes various regulatory provisions, including the removal of computer equipment and televisions from the list of banned items allowed in solid waste landfills.

Highlights:

• Authorizes a local health department to determine site suitability for a ground absorption sewage treatment and disposal system under rules adopted by the Environmental Review Commission where all of the following are indicated (Sec. 12):

• The system can be installed so that the effluent will be non-pathogenic, non-infectious, non-toxic, and non-hazardous;

• The effluent will not contaminate groundwater or surface water; and 

• The effluent will not be exposed on the ground surface or be discharged to surface waters where it could come into contact with people, animals, or vectors.

• Authorizes the Department of Environmental Quality to make grants from the Viable Utility Reserve to do any of the following (Sec. 14):

• Provide physical interconnection and extension of public water or wastewater infrastructure to provide regional service;

• Rehabilitate existing public water or wastewater infrastructure;

• Decentralize an existing public water system or wastewater system into smaller viable parts;

• Fund a study for rates, asset inventory and assessment, and merger and regionalization options;

• Fund other options deemed feasible and 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. 

• Specifies that the amount of a grant from the Viable Utility Reserve cannot exceed the construction costs of a project, and is available only to the extent that other funding sources are not reasonably available to the applicant (Sec. 14).

• Prohibits grants awarded under the Viable Utility Reserve from exceeding $15 million to any single local government unit, unless 2 or more local governments are merging into a single utility, in which case the grant awarded cannot exceed $30 million (Sec. 14).

• Requires the Rule-Making Authority and the Local Government Commission to develop criteria to determine how local government units should be assessed and reviewed, and the criteria must address at least all of the following (Sec. 14):

• Whether the public water or wastewater system serves less than 10,000 customers;

• Whether the public water or wastewater system has an established, operational, and adequately funded program for its repair, maintenance, and management;

• Whether the annual debt service is disproportionate to the public water or wastewater system’s annual revenue; 

• Whether the local government unity has appropriated funds from its utility or public service enterprise fund in 2 or more of the preceding 5 fiscal years without maintaining a reserve fund sufficient to provide for operating expenses, capital outlay and debt service; and 

• 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 2 or more of the preceding 5 fiscal years.

• Authorizes the sale of malt beverages and wine at any stadiums with a permanently constructed seating capacity of 2,000 or more, eased for a year or more to a for-profit corporation registered in the state, if the permittee on only sells malt beverages and wine at events that are not sponsored or funded by the public college or university and the board of trustees of the public college or university has voted to allow it (Sec. 23).

Full Bill Text

Vote Smart's Synopsis:

Vote to adopt a conference report that establishes various regulatory provisions, including the removal of computer equipment and televisions from the list of banned items allowed in solid waste landfills.

Highlights:

• Authorizes a local health department to determine site suitability for a ground absorption sewage treatment and disposal system under rules adopted by the Environmental Review Commission where all of the following are indicated (Sec. 12):

• The system can be installed so that the effluent will be non-pathogenic, non-infectious, non-toxic, and non-hazardous;

• The effluent will not contaminate groundwater or surface water; and 

• The effluent will not be exposed on the ground surface or be discharged to surface waters where it could come into contact with people, animals, or vectors.

• Authorizes the Department of Environmental Quality to make grants from the Viable Utility Reserve to do any of the following (Sec. 14):

• Provide physical interconnection and extension of public water or wastewater infrastructure to provide regional service;

• Rehabilitate existing public water or wastewater infrastructure;

• Decentralize an existing public water system or wastewater system into smaller viable parts;

• Fund a study for rates, asset inventory and assessment, and merger and regionalization options;

• Fund other options deemed feasible and 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. 

• Specifies that the amount of a grant from the Viable Utility Reserve cannot exceed the construction costs of a project, and is available only to the extent that other funding sources are not reasonably available to the applicant (Sec. 14).

• Prohibits grants awarded under the Viable Utility Reserve from exceeding $15 million to any single local government unit, unless 2 or more local governments are merging into a single utility, in which case the grant awarded cannot exceed $30 million (Sec. 14).

• Requires the Rule-Making Authority and the Local Government Commission to develop criteria to determine how local government units should be assessed and reviewed, and the criteria must address at least all of the following (Sec. 14):

• Whether the public water or wastewater system serves less than 10,000 customers;

• Whether the public water or wastewater system has an established, operational, and adequately funded program for its repair, maintenance, and management;

• Whether the annual debt service is disproportionate to the public water or wastewater system’s annual revenue; 

• Whether the local government unity has appropriated funds from its utility or public service enterprise fund in 2 or more of the preceding 5 fiscal years without maintaining a reserve fund sufficient to provide for operating expenses, capital outlay and debt service; and 

• 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 2 or more of the preceding 5 fiscal years.

• Authorizes the sale of malt beverages and wine at any stadiums with a permanently constructed seating capacity of 2,000 or more, eased for a year or more to a for-profit corporation registered in the state, if the permittee on only sells malt beverages and wine at events that are not sponsored or funded by the public college or university and the board of trustees of the public college or university has voted to allow it (Sec. 23).

Full Bill Text