A BILL TO BE ENTITLED
AN ACT providing that A WATER, SEWER, ELECTRIC, THERMAL, OR A CENTRAL DISTRICT HEATING AND COOLING SYSTEM OWNED OR LEASED BY A HOMEOWNERS ASSOCIATION OR A COMMERCIAL ASSOCIATION THAT PROVIDES WATER, SEWER, electric, OR THERMAL SERVICE, OR ANY COMBINATION OF THESE SERVICES, ONLY TO MEMBERS OR LEASEHOLDS OF MEMBERS is not a public utility.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 62‑3 reads as rewritten:
"§ 62‑3.  Definitions.
As used in this Chapter, unless the context otherwise requires, the term:
…
(23)
…
d.	The term "public utility," except as otherwise expressly provided in this Chapter, shall not include a municipality, an authority organized under the North Carolina Water and Sewer Authorities Act, electric or telephone membership corporation; or any person not otherwise a public utility who furnishes such service or commodity only to himself, his employees or tenants when such service or commodity is not resold to or used by others; provided, however, that any person other than a nonprofit organization serving only its members, who distributes or provides utility service to his employees or tenants by individual meters or by other coin‑operated devices with a charge for metered or coin‑operated utility service shall be a public utility within the definition and meaning of this Chapter with respect to the regulation of rates and provisions of service rendered through such meter or coin‑operated device imposing such separate metered utility charge. If any person conducting a public utility shall also conduct any enterprise not a public utility, such enterprise is not subject to the provisions of this Chapter. A water, sewer, electric, thermal, or a Central District Heating and Cooling (CCHP) system owned or leased by a homeowners association or a commercial association that provides water, sewer, electric, or thermal service, or any combination of these services, only to members or leaseholds of members is not subject to the provisions of this Chapter.
.…"
SECTION 2.  This act is effective when it becomes law.