A BILL TO BE ENTITLED
AN ACT to eliminate subbasin designations and remove the requirement for an interbasin transfer certificate for water transfers between subbasins within the same major river basin and to revise 2020 farm act tmdl transport factor calculation applicability.
The General Assembly of North Carolina enacts:

ELIMINATE SUBBASIN DESIGNATIONS FOR IBT PROCESS
SECTION 1.(a)  G.S. 143‑215.22G reads as rewritten:
"§ 143‑215.22G.  Definitions.
In addition to the definitions set forth in G.S. 143‑212 and G.S. 143‑213, the following definitions apply to this Part.
…
(1b)	"River basin" means any of the following river basins designated on the map entitled "Major River Basins and Sub‑basins in North Carolina" and filed in the Office of the Secretary of State on 16 April 1991. The term "river basin" includes any portion of the river basin that extends into another state. Any area outside North Carolina that is not included in one of the river basins listed in this subdivision comprises a separate river basin.
a.	1‑1	Broad River.

d.	2‑3	Cape Fear River, which includes Haw 		River (2‑1), Deep River (2‑2), South River 		(2‑4), and Northeast Cape Fear River (2‑5).

g.	2‑6	New River.
h.	3‑1	Catawba River, which includes South
		Fork Catawba River (3‑2).
		
j.	4‑1	Chowan River, which includes 		Meherrin River (4‑2).

m.	5‑2	French Broad River, which includes
		Nolichucky River (5‑1) and Pigeon River
		(5‑3).
		
o.	6‑1	Hiwassee River.
p.	7‑1	Little Tennessee River, which
		includes Tuskasegee (Tuckasegee) River		(7‑2).
		
r.	8‑1	Savannah River.
s.	9‑1	Lumber River, which includes Big 		Shoe Heel Creek (9‑2), and Waccamaw 		River (9‑3).

v.	9‑4	Shallotte River.
w.	10‑1	Neuse River, which includes 			Contentnea Creek (10‑2) and Trent River 		(10‑3).

z.	11‑1	New River.
aa.	12‑1	Albemarle Sound.
bb.	13‑1	Ocoee River.
cc.	14‑1	Roanoke River.
dd.	15‑1	Tar River, which includes Fishing 		Creek (15‑2) and Pamlico River and Sound 		(15‑3).

gg.	16‑1	Watauga River.
hh.	17‑1	White Oak River.
ii.	18‑1	Yadkin (Yadkin‑Pee Dee)  River,
		which includes South Yadkin River (18‑2),
		Uwharrie River (18‑3), and Rocky River
		(18‑4).

		
…."
SECTION 1.(b)  This section is effective when it becomes law and applies to water withdrawals or transfers initiated or modified on or after that date.

REVISE 2020 FARM ACT TMDL TRANSPORT FACTOR CALCULATION APPLICABILITY
SECTION 2.  Section 15 of S.L. 2020‑18, as amended by Section 14 of S.L. 2023‑137, reads as rewritten:
"SECTION 15.(a)  Notwithstanding 15A NCAC 02B .0701 (Nutrient Strategies Definitions), 15A NCAC 02B .0703 (Nutrient Offset Credit Trading), and 15A NCAC 02B .0713 (Neuse Nutrient Strategy: Wastewater Discharge Requirements), nutrient offset credits shall be applied to a wastewater permit by applying the TMDL transport factor to the permitted wastewater discharge and to the nutrient offset credits as specified in the 1999 Phase I TMDL.
"SECTION 15.(b)  Subsection (a) of this section applies only to wastewater discharge permit applications for a local government located in the Neuse River Basin.
"SECTION 15.(c)  The Department of Environmental Quality, in conjunction with affected parties, may begin the modeling necessary to determine new transport zones and delivery factors for the Neuse River Basin for point source discharges and nutrient offset credits. Once the Department has completed the watershed modeling, it shall provide the Environmental Management Commission a list of qualified professionals from which the Commission shall select at least two to validate the modeling. If each of the professionals selected by the Commission validate the model, the Commission may use the modeling and other information provided during the public comment period to adopt new transport zones and delivery factors, if warranted, by rule.
"SECTION 15.(d)  This section is effective when it becomes law. Subsection (a) of this section shall expire when the rule required by subsection (c) of this section becomes effective."

EFFECTIVE DATE
SECTION 3.  Except as otherwise provided, this act is effective when it becomes law.