A BILL TO BE ENTITLED
AN ACT to (I) prohibit aN ELECTRIC PUBLIC UTILITY FROM RECOVERING FROM RATEPAYERS ANY COSTS RELATED TO THE MANAGEMENT OF COAL COMBUSTION RESIDUALS AND UNLAWFUL DISCHARGES FROM COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS and (II) require excavation of all coal ash ponds and disposal of the coal ash in lined landfills.
The General Assembly of North Carolina enacts:

PART I. PROHIBIT an electric public utility from RECOVERing from ratepayers any costs RELATED TO THE MANAGEMENT OF COAL COMBUSTION RESIDUALS AND UNLAWFUL DISCHARGES FROM COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS
SECTION 1.  G.S. 62‑133.13 reads as rewritten:
"§ 62‑133.13.  Recovery of costs related to the management of coal combustion residuals and unlawful discharges from coal combustion residuals surface impoundments to the surface waters of the State.

(a)	For the purposes of this section, "coal combustion residuals surface impoundment" has the same meaning as in G.S. 130A‑309.201. For the purposes of this section, "costs related to unlawful discharges to the surface waters of the State" include any corrective actions required of the electric public utility under State or federal law.
(b)	The Commission shall not allow an electric public utility to recover from the retail electric customers of the State any of the following costs:
(1)	Costs incurred on or after January 1, 2014, that are related to the management of coal combustion residuals disposed of in coal combustion residuals surface impoundments, including costs associated with complying with the provisions of Part 2I of Article 9 of Chapter 130A of the General Statutes.
(2)	Costs incurred on or after January 1, 2014, that are related to an unlawful discharge to the surface waters of the State from a coal combustion residuals surface impoundment, unless the Commission determines the discharge was due to an event of force majeure."

PART II. CLOSURE OF PONDS
SECTION 2.(a)  G.S. 130A‑309.214 is repealed.
SECTION 2.(b)  Part 2I Article 9 of Chapter 130A of the General Statutes is amended by adding a new section to read:
"§ 130A‑309.214A.  Closure of coal combustion residual surface impoundments.
(a)	Method of Closure. – All coal combustion residuals surface impoundments shall be dewatered, and the owner of the impoundment shall remove all coal combustion residuals from the impoundment, return the former impoundment to a nonerosive and stable condition, and dispose the coal combustion residuals in a municipal solid waste landfill located on the same property as the impoundment. Municipal solid waste landfills that receive coal combustion residuals pursuant to this subsection shall comply with the siting and design requirements for disposal sites established by Section .0503 of Subchapter B of Chapter 13 of Title 15A of the North Carolina Administrative Code, except that in lieu of the liner requirement of that section the landfill shall include a bottom liner system consisting of three components in accordance with this subsection. Of the required three components of the liner system, the upper two components shall consist of two separate flexible membrane liners, with a leak detection system between the two liners. The third component shall consist of a minimum of 2 feet of soil underneath the bottom of those liners, with the soil having a maximum permeability of 1 x 10‑7 centimeters per second. The flexible membrane liners shall have a minimum thickness of 0.030 inches, except that liners consisting of high‑density polyethylene shall be at least 0.060 inches thick. The lower flexible membrane liner shall be installed in direct and uniform contact with the compacted soil layer. The Department may approve an alternative to the soil component of the composite liner system if the Department finds, based on modeling, that the alternative liner system will provide an equivalent or greater degree of impermeability. The landfill shall otherwise comply with the construction, closure, and post‑closure requirements established by Section .1600 of Subchapter B of Chapter 13 of Title 15A of the North Carolina Administrative Code and shall be subject to all applicable requirements of this Chapter and all other applicable rules adopted thereunder.
(b)	Schedule of Closure. – Impoundments classified pursuant to G.S. 130A‑309.204 shall be closed according to the following schedule:
(1)	High‑risk impoundments shall be closed as soon as practicable but no later than August 1, 2019.
(2)	Intermediate‑risk impoundments shall be closed as soon as practicable but no later than August 1, 2024.
(3)	Low‑risk impoundments shall be closed as soon as practicable but no later than August 1, 2029."

PART III. EFFECTIVE DATE
SECTION 3.  This act is effective when it becomes law.