North Carolina SB 428: IBT Reforms.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 428

Short Title: IBT Reforms. (Public)
Sponsors: Senators Daniel, Moffitt, and Hollo (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 25, 2025
*S428-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO REVISE THE LAWS GOVERNING TRANSFERS OF SURFACE WATER 2
BETWEEN RIVER BASINS. 3
The General Assembly of North Carolina enacts: 4
SECTION 1.(a) Subdivisions (1a) and (1b) of G.S. 143-215.22G are recodified as 5
subdivisions (1b) and (1c), respectively, of that section. 6
SECTION 1.(b) G.S. 143-215.22G, as recodified by subsection (a) of this section, 7
reads as rewritten: 8
"§ 143-215.22G. Definitions. 9
In addition to the definitions set forth in G.S. 143-212 and G.S. 143-213, the following 10
definitions apply to this Part. 11
(1) "Mainstem" means that Mainstem. – That portion of a river having the same 12
name as a river basin defined in subdivision (1b) (1c) of this section. 13
"Mainstem" does not include named or unnamed tributaries. 14
(1a) Major transfer. – A new transfer between river basins greater than 30,000,000 15
gallons per day, or a modification to an existing transfer that would increase 16
the existing transfer more than 30,000,000 gallons per day. 17
(1b) "Public water system" means any Public water system. – Any unit of local 18
government or large community water system subject to the requirements of 19
G.S. 143-355(l). 20
(1c) "River basin" means any River basin. – Any of the following river basins 21
designated on the map entitled "Major River Basins and Sub-basins in North 22
Carolina" and filed in the Office of the Secretary of State on 16 April 1991. 23
The term "river basin" includes any portion of the river basin that extends into 24
another state. Any area outside North Carolina that is not included in one of 25
the river basins listed in this subdivision comprises a separate river basin. 26
... 27
(2) "Surface water" means any Surface water. – Any of the waters of the State 28
located on the land surface that are not derived by pumping from groundwater. 29
(3) "Transfer" means the Transfer. – The withdrawal, diversion, or pumping of 30
surface water from one river basin and discharge of all or any part of the water 31
in a river basin different from the origin. However, notwithstanding the basin 32
definitions in G.S. 143-215.22G(1b), the following are not transfers under this 33
Part: 34
a. The discharge of water upstream from the point where it is withdrawn. 35

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 428-First Edition
b. The discharge of water downstream from the point where it is 1
withdrawn." 2
SECTION 2. G.S. 143-215.22L reads as rewritten: 3
"§ 143-215.22L. Regulation of surface water transfers. 4
(a) Certificate Required. – No person, without first obtaining a certificate from the 5
Commission, may: 6
(1) Initiate a transfer of 2,000,000 gallons of water or more per day, calculated as 7
a daily average of a calendar month and not to exceed 3,000,000 gallons per 8
day in any one day, from one river basin to another. 9
(2) Increase the amount of an existing transfer of water from one river basin to 10
another by twenty-five percent (25%) or more above the average daily amount 11
transferred during the year ending 1 July 1993 if the total transfer including 12
the increase is 2,000,000 gallons or more per day. 13
(3) Increase an existing transfer of water from one river basin to another above 14
the amount approved by the Commission in a certificate issued under 15
G.S. 162A-7 prior to 1 July 1993. 16
(b) Exception. – Notwithstanding the provisions of subsection (a) of this section, a 17
certificate shall not be required to transfer water from one river basin to another up to the full 18
capacity of a facility to transfer water from one basin to another if the facility was in existence 19
or under construction on 1 July 1993. 20
(c) Notice of Intent to File a Petition. – An applicant shall prepare a notice of intent to 21
file a petition that includes a nontechnical description of the applicant's request and request, an 22
identification of the proposed water source. source, and a preliminary description of alternatives 23
to the transfer considered by the applicant that includes an estimate of the costs of those 24
alternatives. 25
(c1) Hearing and Public Notice on Notice of Intent and Scope. – Within 90 days after the 26
applicant files a notice of intent to file a petition, the applicant Commission shall hold at least 27
two public hearings at the applicant's expense at which the applicant shall provide information 28
to interested parties and the public regarding the nature and size of the proposed transfer, and the 29
Commission shall receive public comment on the scope of the environmental documents. The 30
Commission shall also hold at least one public meeting of these public meetings in the source 31
river basin upstream from the proposed point of withdrawal, withdrawa