GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	2 

SENATE BILL 584
House Committee Substitute Favorable 6/13/89

Short Title:  Stormwater Utilities.	(Public)
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Sponsors:
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Referred to:  
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April 6, 1989

A BILL TO BE ENTITLED
AN ACT TO AUTHORIZE LOCAL GOVERNMENTS TO CONSTRUCT AND OPERATE STORM DRAINAGE SYSTEMS AS PUBLIC ENTERPRISES AND TO PROVIDE LOCAL GOVERNMENTS WITH FUNDING AND TAXING AUTHORITY TO FINANCE THE CONSTRUCTION AND OPERATION OF STORM DRAINAGE SYSTEMS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 153A-149(c) reads as rewritten:
"(c)	Each county may levy property taxes for one or more of the purposes listed in this subsection up to an effective combined rate of one dollar and fifty cents ($1.50) on the one hundred dollars ($100.00) appraised value of property subject to taxation before the application of any assessment ratio. To find the actual rate limit for a particular county, divide the effective rate limit of one dollar and fifty cents ($1.50) by the county assessment ratio. Authorized purposes subject to the rate limitation are:
(1)	To provide for the general administration of the county through the board of county commissioners, the office of the county manager, the office of the county budget officer, the office of the county finance officer, the office of the county assessor, the office of the county tax collector, the county purchasing agent, and the county attorney, and for all other general administrative costs not allocated to a particular board, commission, office, agency, or activity of  the county.
(2)	Agricultural Extension. – To provide for the county's share  of the cost of maintaining and administering programs and services offered to agriculture by or through the Agricultural Extension Service or other agencies.
(3)	Air Pollution. – To maintain and administer air pollution control programs.
(4)	Airports. – To establish and maintain airports and related aeronautical facilities.
(5)	Ambulance Service. – To provide ambulance services, rescue squads, and other emergency medical services.
(6)	Animal Protection and Control. – To provide animal protection and control programs.
(6a)	Arts Programs and Museums. – To provide for arts programs and museums as authorized in G.S. 160A-488.
(6b)	Auditoriums, coliseums, and convention and civic centers. – To provide public auditoriums, coliseums, and convention and civic centers.
(7)	Beach Erosion and Natural Disasters. – To provide for shoreline protection, beach erosion control, and flood and hurricane protection.
(8)	Cemeteries. – To provide for cemeteries.
(9)	Civil Preparedness. – To provide for civil preparedness programs.
(10)	Debts and Judgments. – To pay and discharge any valid debt of the county or any judgment lodged against it, other than debts and judgments evidenced by or based on bonds and notes.
(10a)	Defense of Employees and Officers. – To provide for the defense of, and payment of civil judgments against, employees and officers or former employees and officers, as authorized by this Chapter.
(10b)	Economic Development. – To provide for economic development as authorized by G.S. 158-12.
(11)	Fire Protection. – To provide fire protection services and  fire prevention programs.
(12)	Forest Protection. – To provide forest management and protection programs.
(13)	Health. – To provide for the county's share of maintaining and administering services offered by or through the county or district health department.
(14)	Historic Preservation. – To undertake historic preservation programs and projects.
(15)	Hospitals. – To establish, support and maintain public hospitals and clinics, and other related health programs and facility, or to aid any private, nonprofit hospital, clinic,  related facilities, or other health program or facility.
(15a)	Housing Rehabilitation. – To provide for personnel costs related to planning and administration of housing rehabilitation programs authorized by G.S. 153A-376.  This subdivision only applies to counties with a population of 400,000 or more, according to the most recent decennial federal census.
(16)	Human Relations. – To undertake human relations programs.
(16a)	Industrial Development. – To provide for industrial development as authorized by G.S. 158-7.1.
(17)	Joint Undertakings. – To cooperate with any other county, city, or political subdivision in providing any of the functions, services, or activities listed in this subsection.
(18)	Law Enforcement. – To provide for the operation of the office of the sheriff of the county and for any other county  law-enforcement agency not under the sheriff's jurisdiction.
(19)	Libraries. – To establish and maintain public libraries.
(20)	Mapping. – To provide for mapping the lands of the county.
(21)	Medical Examiner. – To provide for the county medical examiner or coroner.
(22)	Mental Health. – To provide for the county's share of the cost of maintaining and administering services offered by or  through the area mental health, mental retardation, and substance abuse authority.
(23)	Open Space. – To acquire open space land and easements in accordance with Article 19, Part 4, Chapter 160A of the General Statutes.
(24)	Parking. – To provide off-street lots and garages for the parking and storage of motor vehicles.
(25)	Parks and Recreation. – To establish, support and maintain public parks and programs of supervised recreation.
(26)	Planning. – To provide for a program of planning and regulation of development in accordance with Article 18 of this Chapter and Article 19, Parts 3A and 6, of Chapter 160A of the General Statutes.
(27)	Ports and Harbors. – To participate in programs with the North Carolina Ports Authority and provide for harbor masters.
(28)	Register of Deeds. – To provide for the operation of the office of the register of deeds of the county.
(29)	Sewage. – To provide sewage collection and treatment services as defined in G.S. 153A-274(2).
(30)	Social Services. – To provide for the public welfare through the maintenance and administration of public assistance programs not required by Chapters 108A and 111 of the General Statutes, and by establishing and maintaining a county home.
(31)	Solid Waste. – To provide solid waste collection and disposal services, and to acquire and operate landfills.
(31a)	Stormwater. – To provide structural and natural stormwater and drainage systems of all types.
(32)	Surveyor. – To provide for a county surveyor.
(33)	Veterans' Service Officer. – To provide for the county's share of the cost of services offered by or through the county veterans' service officer.
(34)	Water. – To provide water supply and distribution systems.
(35)	Watershed Improvement. – To undertake watershed improvement projects.
(36)	Water Resources. – To participate in federal water resources development projects.
(37)	Armories. – To supplement available State or federal funds to be used for the construction (including the acquisition of land), enlargement or repair of armory facilities for the North Carolina national guard."
Sec. 2.  G.S. 153A-274 reads as rewritten:
"§ 153A-274. Public enterprise defined.
As used in this Article, ‘public enterprise' includes:
(1)	Water supply and distribution systems,
(2)	Sewage collection and disposal systems of all types, including septic tank systems or other on-site collection or disposal facilities or systems,
(3)	Solid waste collection and disposal systems and facilities,
(4)	Airports,
(5)	Off-street parking facilities,
(6)	Public transportation systems,
(7)	Structural and natural stormwater and drainage systems of all types."
Sec. 3.  G.S. 159-44 reads as rewritten:
"§ 159-44. Definitions.
The words and phrases defined in this section shall have the meanings indicated when used in this Article, unless the context clearly requires another meaning:
(1)	‘Finance officer' means the officer performing the duties of finance officer of a unit of local government pursuant to G.S. 159-24 of the Local Government Budget and Fiscal Control Act.
(2)	‘Governing board' or ‘board' means the governing body of a unit of local government.
(3)	‘Sinking fund' means a fund held for the retirement of term bonds.
(4)	‘Unit,' ‘unit of local government,' or ‘local government' means counties; cities, towns, and incorporated villages; sanitary districts; mosquito control districts; hospital districts; metropolitan sewerage districts; metropolitan water districts; county water and sewer districts; and special airport districts.
(5)	‘Utility or public service enterprise' includes:
i.	Electric power transmission and distribution systems;
ii.	Water supply facilities and distribution systems;
iii.	Sewage collection and disposal systems;
iv.	Gas transmission and distribution systems;
v.	Public transportation systems, including but not limited to bus lines, ferries, and mass transit systems;
vi.	Solid waste collection and disposal systems and facilities;
vii.	Cable television systems;
viii.	Off-street parking facilities and systems;
ix.	Public auditoriums, coliseums, stadiums and convention centers;
x.	Airport; 
xi.	Hospitals and other health-related facilities; and
xii.	Structural and natural stormwater and drainage systems of all types."
Sec. 4.  G.S. 159-81(3) reads as rewritten:
"(3)	‘Revenue bond project' means any undertaking for the acquisition, construction, reconstruction, improvement, enlargement, betterment, or extension of any one or combination of the following revenue-producing utility or public service enterprise facilities or systems owned or leased as lessee by the issuing unit:
a.	Water systems or facilities, including all plants, works, instrumentalities and properties used or useful in obtaining, conserving, treating, and distributing water for domestic or industrial use, irrigation, sanitation, fire protection, or any other public or private use.
b.	Sewage disposal systems or facilities, including all plants, works, instrumentalities, and properties used or useful in the collection, treatment, purification, or disposal of sewage.
c.	Systems or facilities for the generation, production, transmission, or distribution of gas (natural, artificial, or mixed) or electric energy for lighting, heating, or power for public and private uses, where gas systems shall include the purchase and/or lease of natural gas fields and natural gas reserves and the purchase of natural gas supplies, and where any parts of such gas systems may be located either within the State or without.
d.	Systems, facilities and equipment for the collection, treatment, or disposal of solid waste.
e.	Public transportation systems, facilities, or equipment, including but not limited to bus, truck, ferry, and railroad terminals, depots, trackages, vehicles, and ferries, and mass transit systems.
f.	Public parking lots, areas, garages, and other vehicular parking structures and facilities.
g.	Aeronautical facilities, including but not limited to airports, terminals, and hangars.
h.	Marine facilities, including but not limited to marinas, basins, docks, dry docks, piers, marine railways, wharves, harbors, warehouses, and terminals.
i.	Hospitals and other health-related facilities.
j.	Public auditoriums, gymnasiums, stadiums, and convention centers.
k.	Recreational facilities.
l.	In addition to the foregoing, in the case of the State of North Carolina, any other project authorized by the General Assembly.
m.	Economic development projects, including the acquisition and development of industrial parks, the acquisition and resale of land suitable for industrial or commercial purposes, and the construction and lease or sale of shell buildings in order to provide employment opportunities for citizens of the municipality.
n.	Facilities for the use of any agency or agencies of the government of the United States of America.
o.	Structural and natural stormwater and drainage systems of all types.
	The cost of an undertaking may include all property, both real and personal and improved and unimproved, plants, works, appurtenances, machinery, equipment, easements, water rights, air rights, franchises, and licenses used or useful in connection with any of the foregoing utilities and enterprises; the cost of demolishing or moving structures from land acquired and the cost of acquiring any lands to which such structures are to be moved; financing charges; the cost of plans, specifications, surveys, and estimates of cost and revenues; administrative and legal expenses; and any other expense necessary or incident to the project."
Sec. 5.  G.S. 160A-311 reads as rewritten:
"§ 160A-311. Public enterprise defined.
As used in this Article, the term ‘public enterprise' includes:
(1)	Electric power generation, transmission, and distribution systems;
(2)	Water supply and distribution systems;
(3)	Sewage collection and disposal systems of all types, including septic tank systems or other on-site collection or disposal facilities or systems;
(4)	Gas production, storage, transmission, and distribution systems, where systems shall also include the purchase and/or lease of natural gas fields and natural gas reserves, the purchase of natural gas supplies, and the surveying, drilling and any other activities related to the exploration for natural gas, whether within the State or without;
(5)	Public transportation systems;
(6)	Solid waste collection and disposal systems and facilities;
(7)	Cable television systems;
(8)	Off-street parking facilities and systems;
(9)	Airports;
(10)	Structural and natural stormwater and drainage systems of all types."
Sec. 6.  This act is effective upon ratification.