GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
SESSION LAW 2012-203
HOUSE BILL 1009
AN ACT to amend the north carolina metropolitan sewerage districts act to MODIFY representation on the district board upon expansion, and to allow metropolitan sewerage districts to also exercise the same powers as metropolitan water districts, as recommended by the legislative research commission'S metropolitan sewerage/water system committee.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 162A-67(a)(4) reads as rewritten:
"(4)
The governing body of each political subdivision, other than counties, lying in
whole or in part within the district, shall appoint one member of the district
board. No Except as provided in G.S. 162A-68, no appointment
of a member of the district board shall be made by or in behalf of any
political subdivision of which the board or boards of commissioners shall be
the governing body. If any city or town within the district shall have a
population, as determined from the latest decennial census, greater than
that of all other political subdivisions (other than counties) and
unincorporated areas within the district, more than one-half the
combined population of all other political subdivisions (other than counties) and
unincorporated areas within the district, the governing body of any such
city or town shall appoint three members. All members and their successors
appointed by the governing bodies of political subdivisions other than counties
shall serve for a term of three years and shall be qualified voters residing in
the district and the political subdivision from which they are appointed."
SECTION 2. Article 5 of Chapter 162A of the General Statutes is amended by adding a new section to read:
"§ 162A-67.5. Determination of population and representation.
(a) For purposes of determining district board representation of political subdivisions for any appointment under this Article, population shall be determined by reference to the most recent decennial census.
(b) For purposes of determining population for district board representation, only that portion of the population residing within the district boundary itself shall be included for each political subdivision and each unincorporated area having district board representation at the time such determination is made.
(c) In determining district board representation, no appointment shall be made by or in behalf of a political subdivision which does not own or operate a public system for the collection of wastewater at the time of such appointment."
SECTION 3. G.S. 162A-68(i) reads as rewritten:
"(i)
Immediately following the inclusion of any additional political subdivision
within an existing district, members representing such additional political
subdivision shall be appointed to the district board in the manner provided in G.S. 162A-67.this
section.
(1)
Any additional unincorporated area that is included within an existing district
shall be represented by the members representing the county in which the
unincorporated area lies except that:as follows:
(1)a.
If inclusion of the additional unincorporated area extends the district into
more than one county, members representing the unincorporated area in the new
county shall be appointed in accordance with G.S. 162A-67(a)(2) immediately
following the inclusion of the additional area. Upon the inclusion of the
additional area, the board members appointed in accordance with G.S. 162A-67(a)(1)
or G.S. 162A-67(a)(1a) shall continue to serve on the district board. The
board of commissioners of the county in which the largest portion of the
district lies shall appoint qualified voters residing in the county and
district as their successors such that the county in which the largest portion
of the district lies shall always have three members on the district board. The
board of commissioners of the county in which the lesser portion of the
district lies shall appoint to the district board two qualified voters residing
in the county and district to serve a term of three years and shall appoint
qualified voters residing in the county and district as their successors such
that the county in which the lesser portion of the district lies shall always
have two members on the district board. For purposes of this subdivision, the
county in which the largest portion and lesser portion of the district lies
shall be determined with reference to the land area of the district lying
within the county as a percentage of land area of the entire district at the
time such appointment or reappointment is made.
(2)b.
If the inclusion of the additional unincorporated area has the effect of
changing the county in which the largest portion of the district lies, new
members representing the county comprising the larger portion of the district
shall be appointed in accordance with G.S. 162A-67(a)(2) immediately
following the inclusion, and no reappointment shall be made by the county in
which the lesser portion of the district lies upon expiration of the first term
of a member representing that county following the inclusion.
(2) Following the inclusion of any additional political subdivision within an existing district, the political subdivisions added shall appoint members to the district board in accordance with G.S. 162A-67(a)(4) only if the governing body of the political subdivision owns or operates a public system for the collection of wastewater at the time of such appointment.
The terms of office of the members first appointed to represent such additional subdivision or area may be varied for a period not to exceed six months from the terms provided for in G.S. 162A-67, so that the appointment of successors to such members may more nearly coincide with the appointment of successors to members of the existing board; and all successor members shall be appointed for the terms provided for in G.S. 162A-67."
SECTION 4. G.S. 162A-69 is amended by adding a new subdivision to read:
"§ 162A-69. Powers generally; fiscal year.
Each district shall be deemed to be a public body and body politic and corporate exercising public and essential governmental functions to provide for the preservation and promotion of the public health and welfare, and each district is hereby authorized and empowered:
…
(13c) To exercise any power of a Metropolitan Water District under Article 4 of this Chapter not set forth in this section.
…."
SECTION 5. This act becomes effective July 1, 2012, and applies to appointments made on or after that date.
In the General Assembly read three times and ratified this the 28th day of June, 2012.
s/ Walter H. Dalton
President of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
This bill having been presented to the Governor for signature on the 28th day of June, 2012 and the Governor having failed to approve it within the time prescribed by law, the same is hereby declared to have become a law. This 3rd day of August, 2012.
s/ Karen Jenkins
Enrolling Clerk