by a State or federal statute enforced by an
environmental agency or that regulates a
field that is also regulated by a rule adopted
by an environmental agency.” There is an
exception for some issues that are passed
unanimously by the local governing body.
NCRWA is currently working with the
Environmental Review Commission (ERC)
and Legislators to address the following
study as it has the potential to have
significant impacts to our membership.
Section 24.(a)
provides that the ERC shall
study the statutory models for water and
sewer providers as follows:
(1)
Sanitary Districts (Part 2 of
Article 2 of Chapter 130A of the
General Statutes).
(2)
Water and Sewer Authorities
(Article 1 of Chapter 162A of the
General Statutes).
(3)
Metropolitan Water Districts
(Article 4 of Chapter 162A of the
General Statutes).
(4)
Metropolitan Sewerage Districts
(Article 5 of Chapter 162A of the
General Statutes).
(5)
County Water and Sewer
Districts (Article 6 of Chapter
162A of the General Statutes).
(6)
Any other similar organizations
that provide water or sewer
service in the State.
The Commission shall determine whether,
how, and to what extent the number of
statutory models should be reduced and
consolidated. In making these determinations,
the Commission shall consider and address
any impacts such reduction and consolidation
would have on the ongoing operations and
financing of existing organizations for the
provision of water and sewer services.
SECTION 56.(a)&(b)
states that a public
water system with expired authorizations
for water treatment plants that have been
deactivated may obtain new authorizations
that allows the system to withdraw surface
water from the same water body and at
the same rate as approved in the expired
authorizations. This only applies to those
public water systems with authorizations
that expired within the last 10 years.
SECTION 57
was monumental to our
industry in that it combined the NCDENR
Division of Water Resources (DWR) and
the Division of Water Quality (DWQ). The
specifics of this merger are still underway,
but coupled with reduced appropriations
to the new combined division, significant
staffing
reductions
are
expected
at NCDENR.
SESSION LAW (S.L.) 2013-407:
The
Underground Utility Safety and Damage
Prevention Act:
This law requires that every
utility with underground assets, such as water
and wastewater pipes, to become a member
of and participate in the NC811 program.
NCRWA was successful in getting several
beneficial amendments to the legislation prior
to it becoming law. We will be providing
a training series across the state on this
legislation so that systems are ready for the
implementation of the NC811 program. This
law becomes effective October 1, 2014.
S.L. 2013-88:
An Act to Increase the
Criminal Penalties for Interference with
Gas, Water, or Electric Lines:
A very
beneficial law for the water industry that
increases the penalty for tampering with a
water meter or pipe, including bypassing a
cut off meter or cutting a meter on that was
disconnected by your system. Included in this
law is the specific addition of “water” to the
list of utilities protected under the law. It also
makes whoever is found in a civil action to
have violated any provision in the amended
law liable to the electric, gas or water supplier
in triple the amount of losses and damages
sustained or five thousand dollars ($5,000),
whichever is greater and adds the following:
Criminal violations of this section
shall be punishable as follows:
(1)
A violation of this section is a
Class 1 misdemeanor.
(2)
A second or subsequent violation
of this section is a Class H felony.
(3)
A violation of this section that
results in significant property
damage or public endangerment is a
Class F felony.
(4)
Unless the conduct is covered
under some other provision of law
providing greater punishment, a
violation that results in the death of
another is a Class D felony.
S.L. 2013-185:
An Act to Facilitate the
Deployment of Mobile Broadband and
Other Enhanced Wireless Communications
Services by Streamlining the Processes Used
by State Agencies and Local Governments
to Approve the Placement of Wireless
Facilities in Their Jurisdictions:
Affecting
local government entities, this law provides
new requirements that must be followed for
the application and approval processes related
to cell phone towers and for collocation of
similar equipment on water towers owned by
units of local governments.
S.L. 2013-50:
An Act to Promote the
Provision of Regional Water and Sewer
Services by Transferring Ownership and
Operation of Certain Public Water and
Sewer System to a Metropolitan Water and
Sewerage District:
This controversial law
was the source of much media attention and
discussion across our industry over the past
couple of years as it was the framework
intended to transfer the publically-owned
utilities of the City of Asheville automatically
to
the
publically-owned
Buncombe
Metropolitan Water and Sewer District. This
law is currently being challenged for its
constitutionality, and we await an outcome
to see what precedence will be set for our
industry. See also S.L. 2013-388, which
modified this Law. This law also allows the
governing bodies of two or more political
subdivisions to voluntarily establish a
metropolitan water and sewerage district, after
holding public meetings, and provides for the
appointment of the board of the district, the
powers of the district, and provides for rates,
charges, rights-of -way and easements.
Fall 2013 |
NCRWA.COM
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