NORTH CAROLINA GENERAL ASSEMBLY

1973 SESSION

 

 

CHAPTER 956

HOUSE BILL 1491

 

 

AN ACT ESTABLISHING GUIDELINES FOR ESTABLISHING CHARGES AND SETTING RATES OF WATER AND SEWER UTILITIES.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Paragraph (a) of Section 133 of Chapter 62 of the General Statutes of North Carolina is hereby amended by deleting the words "other than motor carriers" and by adding in lieu thereof the words "other than motor carriers and certain water and sewer utilities."

Sec. 2.  There is hereby added to Chapter 62 of the General Statutes of North Carolina a new section G.S. 62-133.1 which shall read as follows:

"§ 62-133.1.  Small water and sewer utility rates. — (a) In fixing the rates for any water or sewer utility, the Commission may fix such rates on the ratio of the operating expenses to the operating revenues, such ratio to be determined by the Commission, unless the utility requests that such rates be fixed under G.S. 62-133(b). Nothing in this paragraph shall be held to extinguish any remedy or right not inconsistent herewith. This paragraph shall be in addition to other provisions of this Chapter which relate to public utilities generally, except that in cases of conflict between such other provisions, this section shall prevail for water and sewer utilities.

(b)        A water or sewer utility may enter into uniform contracts with non-users of its utility service within a specific subdivision or development for the payment by such non-users to the utility of a fee or charge for placing or maintaining lines or other facilities or otherwise making and keeping such utility's service available to such non-users; or such a utility may, by contract of assignment, receive the benefits and assume the obligations of uniform contracts entered into between the developers of subdivisions and the purchasers of lots in such subdivisions whereby such developer has contracted to make utility service available to lots in such subdivision and purchasers of such lots have contracted to pay a fee or charge for the availability of such utility service; provided, however, that the maximum non-user rate shall be as established by contract, except that the contractual charge to non-users of the utility service can never exceed the lawfully established minimum rate to user customers of the utility service."

Sec. 3.  Except as herein amended, the provisions of Chapter 62 of the General Statutes of North Carolina shall remain in full force and effect. To the extent that other laws or clauses of law are in conflict with the provisions of this act, such laws and clauses are, to that extent, hereby repealed.

Sec. 4.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 7th day of March, 1974.