A BILL TO BE ENTITLED
AN ACT to improve and fund improvements in notification of emergency releases from certain federally licensed hydroelectric projects.
The General Assembly of North Carolina enacts:
SECTION 1.  Part 3 of Article 21 of Chapter 143 of the General Statutes is amended by adding a new section to read:
"§ 143‑215.31A.  High Flow notifications for releases from certain federally licensed project reservoirs.
(a)	Rule Adoption Required. – The Environmental Management Commission shall adopt permanent rules and may adopt temporary rules applicable to High Flow notifications for releases from dams located in the State and licensed by the Federal Energy Regulatory Commission (FERC). The rules shall apply only to dams that are (i) associated with a hydroelectric generating station also licensed by FERC and (ii) located adjacent to or less than two miles upstream from either the corporate limits of a city with a population greater than 500,000 or the boundaries of a county of the State with a population greater than 750,000.
(b)	Content of Required Rules. – The rules required by this section shall, to the extent not inconsistent with existing FERC rules, require the FERC licensee to provide notification to local first responders and emergency management personnel serving an impacted area at least three hours prior to high flow releases for which a High Flow notification is required by FERC rules. The rules may provide for a shorter period for the advance notification if needed to avoid significant damage to the dam or associated hydroelectric generating station.
(c)	Definition. – For purposes of this section, "impacted area" is the area downstream of the dam where flooding due to the high flow has the potential to cause loss of human life or significant damage to property."
SECTION 2.  The sum of one million dollars ($1,000,000) is appropriated on a nonrecurring basis for the 2020‑2021 fiscal year from the General Fund to the Division of Emergency Management of the Department of Public Safety for the development and purchase of emergency notification systems and equipment by fire departments and local government emergency management departments subject to notification under G.S. 143‑215.31A, as enacted by Section 1 of this act.
SECTION 3.  Section 2 of this act becomes effective July 1, 2020. The remainder of this act is effective when it becomes law.