North Carolina SB 1076: Rocky Mount/Louisburg Utility Rev./Advisory.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025

SESSION LAW 2026-27
SENATE BILL 1076

*S1076-v-5*
AN ACT TO PROHIBIT THE CITY OF ROCKY MOUNT FROM TRANSFERRING THE
REVENUES OF ITS ELECTRIC AND NATURAL GAS SYSTEMS TO OTHER
MUNICIPAL FUNDS; TO ESTABLISH A PUBLIC UTILITIES ADVISORY
COMMITTEE IN THE CITY OF ROCKY MOUNT; TO PROHIBIT THE TOWN OF
LOUISBURG FROM TRANSFERRING THE REVENUES OF ITS ELECTRIC SYSTEM
TO OTHER MUNICIPAL FUNDS; AND TO DISALLOW THE TOWN OF LOUISBURG
FROM USING REVENUE DERIVED FROM RATES FOR ELECTRIC SERVICE FOR
ECONOMIC DEVELOPMENT PROJECTS.

The General Assembly of North Carolina enacts:

SECTION 1.(a) G.S. 159B-39 reads as rewritten:
"§ 159B-39. Permitted uses of revenue from electric power rates.
(a) A municipality as authorized in this Chapter shall use revenue derived from rates for
electric service to (i) pay the direct and indirect costs of operating the electric system and (ii)
transfer to other funds of the municipality a sum that reflects a rate of return on the investment
in the electric system to the extent allowed in subsection (c) of this section. system. Any
remaining revenue shall be used to produce lower rates on electric service within the area served
by the municipal electric system and to make additional debt service payments on bonds or other
indebtedness incurred by the municipality to finance improvements to the electric system. A
municipality shall not otherwise transfer revenue from an electric utility fund to any other fund
of the municipality for any other purpose not explicitly authorized by law.
(b) The direct and indirect costs of operating the electric system include all of the
following:
(1) Debt service payments on indebtedness incurred for the electric system or
secured by revenues of the electric system.
(2) Capital improvements or equipment for the electric system.
(3) Payments for the cost of power purchased under contractual arrangements.
(4) Debt service, maintenance, renewal, and replacement or other reserves
required by legal documents entered into by the municipality in connection
with the issuance of bonds or other indebtedness for the electric system.
(5) Reserves deemed necessary by the governing body of the municipality to
assure that funds are available to maintain the financial and operational
integrity of the electric system.
(6) Maintaining a rate stabilization fund to minimize the impact of periodic rate
changes that would otherwise be required to reflect changes in costs of
operations and demand for electric service.
(7) Making payments in lieu of taxes to other governmental units to reflect
property taxes that would have been collected by the other governmental unit
if the municipality were not the owner of the electric system.

Page 2 Session Law 2026-27 Senate Bill 1076
(8) Making transfers to the general fund or other funds of the municipality to
reimburse the general fund or other funds for costs paid from the fund that are
reasonably allocable to the electric system.
(c) The total amount transferred to other funds of the municipality authorized as a rate of
return on the investment of the municipality in the electric system shall be calculated using
amounts reported in the municipality's audited financial statements for the preceding fiscal year.
The amount transferred may be less than the following, but in no event may the amount
transferred exceed the greater of the following:
(1) Three percent (3%) of the gross capital assets of the electric system at the end
of the preceding fiscal year.
(2) Five percent (5%) of the gross annual revenues of the electric system for the
preceding fiscal year.
(d) The restrictions in this section shall not apply to any action required to be taken for a
municipality by the Local Government Commission in accordance with G.S. 159-181(c).
(e) This section applies only to the following cities and towns that are members of the
North Carolina Eastern Municipal Power Agency: Apex, Ayden, Belhaven, Benson, Clayton,
Edenton, Elizabeth City, Farmville, Fremont, Greenville, Hamilton, Hertford, Hobgood,
Hookerton, Kinston, LaGrange, Laurinburg, Louisburg, Lumberton, New Bern, Pikeville, Red
Springs, Robersonville, Rocky Mount, Scotland Neck, Selma, Smithfield, Southport, Tarboro,
Wake Forest, Washington, and Wilson."
SECTION 1.(b) Article 16 of Chapter 160A of the General Statutes is amended by
adding a new section to read:
"§ 160A-314.2. Permitted uses of revenue from natural gas rates.
(a) A municipality that operates a natural gas utility shall use revenue derived from rates
for natural gas service to pay the direct and indirect costs of operating the natural gas system.
Any remaining revenue shall be used to produce lower rates on natural gas service within the
area served by the municipal natural gas system and to make additional debt service payments
on bonds or other indebtedness incurred by the municipality to finance improvements to the
natural gas system. A municipality shall not otherwise transfer reve