GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

H                                                                                                                                                    1

HOUSE BILL 771

Short Title:        DOT/Utility Relocation Costs.		(Public)
Sponsors:	Representatives Shepard, R. Turner, Hurley, and Robinson (Primary Sponsors). For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site.
Referred to:	Transportation, if favorable, Finance.

April 15, 2015

A BILL TO BE ENTITLED

AN ACT to provide relief for small municipalities from the costs of municipal utility relocation related to State transportation projects.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 136‑27.1 reads as rewritten:

"§ 136‑27.1.  Relocation of water and sewer lines of municipalities and nonprofit water or sewer corporations or associations.

The Department of Transportation shall pay the nonbetterment cost for the relocation of water and sewer lines, located within the existing State transportation project right‑of‑way, that are necessary to be relocated for a State transportation improvement project and that are owned by: (i) a municipality with a population of 5,50010,000 or less according to the latest decennial census; (ii) a nonprofit water or sewer association or corporation; (iii) any water or sewer system organized pursuant to Chapter 162A of the General Statutes; (iv) a rural water system operated by a County as an enterprise system; (v) any sanitary district organized pursuant to Part 2 of Article 2 of Chapter 130A of the General Statutes; or (vi) constructed by a water or sewer system organized pursuant to Chapter 162A of the General Statutes and then sold or transferred to a municipality with a population of greater than 5,50010,000 according to the latest decennial census. A municipality with a population greater than 10,000 shall pay a percentage of the nonbetterment cost for relocation of water and sewer lines, owned by the municipality and located within the existing State transportation project right‑of‑way, that are necessary to be relocated for a State transportation improvement project. The percentage shall be based on the municipality's population, with the Department paying the remaining costs, as follows:

(1) A municipality with a population greater than 10,000, but less than 25,000, shall pay twenty‑five percent (25%) of the cost.

(2) A municipality with a population of 25,000 or greater, but less than 50,000, shall pay fifty percent (50%) of the cost.

(3) A municipality with a population 50,000 or greater shall pay one hundred percent (100%) of the costs.

SECTION 2.  This act is effective when it becomes law.