S105 - 2021 Appropriations Act. (SL 2021-180)

Overview: OVERVIEW AND ANALYSIS: Section 7.64 of S.L. 2021-180 directs local boards of education and charter schools to inquire, in writing, of the public water system, public sewer system, or public water and sewer system, currently serving the site or closest to the site as to whether that public system has capacity to serve the proposed school facility. This inquiry must be made before any application for any development approval under Chapter 160D of the General Statutes. The public system must respond to the local board of education or charter school within a reasonable time, not to exceed 30 days, as to whether it has capacity to serve the proposed school facility. Unless the public system does not have capacity to serve the proposed school facility or is under a moratorium precluding expansion, the public system must reserve the necessary capacity for the proposed school facility for 24 months from the date of the written inquiry from the local board of education or charter school.

Any local board of education or charter school denied service by a public water system, public sewer system, or public water and sewer system between October 1, 2020, and the date this section becomes effective can seek reconsideration by the public water system, public sewer system, or public water and sewer system. During this time period for this situation, the public water system, public sewer system, or public water and sewer system has 15 days to respond as to whether it has capacity to serve the proposed school facility.

This section became effective November 18, 2021.