North Carolina 2025-2026 Regular Session

North Carolina House Bill H850 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 1
4		-	HOUSE BILL 850
	3	+	H D
	4	+	HOUSE BILL DRH30355-MH-60B
	5	+
5	6
6	7
7	8		Short Title: Interbasin Transfer Moratorium/Study. (Public)
8		-	Sponsors: Representatives Adams, Blackwell, Setzer, and Greene (Primary Sponsors).
9		-	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10		-	Referred to: Agriculture and Environment, if favorable, Regulatory Reform, if favorable,
11		-	Rules, Calendar, and Operations of the House
12		-	April 10, 2025
13		-	H850 -v-1
	9	+	Sponsors: Representative Adams.
	10	+	Referred to:
	11	+
	12	+	DRH30355 -MH-60B
14	13		A BILL TO BE ENTITLED 1
15	14		AN ACT TO IMPOSE A MORATORIUM ON ISSUANCE OF CERTIFICATES FOR 2
16	15		CERTAIN SURFACE WATER TRANSFERS . 3
17	16		The General Assembly of North Carolina enacts: 4
18	17		SECTION 1. Findings. – The General Assembly finds that the State's laws regulating 5
19	18		surface water transfers, originally enacted more than 30 years ago, should be comprehensively 6
20	19		reviewed and evaluated for updates in light of the State's tremendous economic and population 7
21	20		growth and the impact of natural disasters on riverine and water reservoir systems over that 8
22	21		period. In particular, the General Assembly finds that the approval of proposed transfers that are 9
23	22		significant in terms of their size compared to the overall hydrologic flow, current and future water 10
24	23		storage capacity, and cumulative water resources demands within the source river basin should 11
25	24		be temporarily paused while this review and evaluation is ongoing. 12
26	25		SECTION 2.(a) Study. – The North Carolina Collaboratory at the University of 13
27	26		North Carolina at Chapel Hill (Collaboratory) shall study the current statutory process for 14
28	27		approval of surface water transfers and provide any recommendations for legislation revising that 15
29	28		process that the Collaboratory finds is needed. As part of its study, the Collaboratory shall review 16
30	29		all of the following: 17
31	30		(1) The adequacy of the requirements for an environmental impact study set forth 18
32	31		in G.S. 143-215.22L(d) in ensuring that all impacts on upstream and 19
33	32		downstream users of water in the river basin are comprehensively and 20
34	33		equitably compiled and considered. 21
35	34		(2) Whether the information on which the Environmental Management 22
36	35		Commission (EMC) bases final certification decisions adequately takes into 23
37	36		account (i) issues of economic equity for lower income and lower population 24
38	37		communities in the source river basin that would experience potential impacts 25
39	38		on future economic growth due to the proposed transfer, (ii) negative impacts 26
40	39		of increases in water pollutant concentration caused by large surface water 27
41	40		transfers on riverine ecosystems, and (iii) whether the denial of the surface 28
42	41		transfer request would result in a substantial increase in utility rates or 29
43	42		otherwise cause a financial hardship due to alternative infrastructure 30
44	43		construction costs for the requesting party. 31
45	44		(3) Changes to the process needed to reflect the impact of recent climate trends 32
46	45		that impact the range of water flows in the State's mainstem rivers during 33
47		-	periods of extreme heat, drought, or flooding events. 34 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 850-First Edition
49		-	(4) How to build into the certification process incentives for parties requesting 1
50		-	surface water transfers to implement land use, infrastructure, and drought 2
51		-	resiliency policies that will reduce the size of transfers needed to meet future 3
52		-	water demands. 4
53		-	(5) Any other matters the Collaboratory deems relevant to its efforts to increase 5
54		-	the fairness and effectiveness of the surface water transfer certification 6
55		-	requirements. 7
56		-	SECTION 2.(b) Consultation. – In conducting the study required by subsection (a) 8
57		-	of this section, the Collaboratory will consult with the Army Corps of Engineers and other private 9
58		-	or public entities with management responsibilities over water impoundments with respect to the 10
59		-	impact of significant surface water transfers, as defined in Section 3 of this act, on those 11
60		-	impoundments continuing to meet their present levels and future projected needs for 12
61		-	hydroelectric power generation and water supply. 13
62		-	SECTION 2.(c) Report. – The Collaboratory shall report its findings, together with 14
63		-	any proposed legislation, to the 2027 General Assembly upon its convening. 15
64		-	SECTION 3. Moratorium on Certain Surface Water Transfer Certificates. – In order 16
65		-	to permit sufficient time for the General Assembly to complete the study described in Section 2 17
66		-	of this act, the EMC shall not issue a certificate authorizing a significant new surface water 18
67		-	transfer or a significant increase in an existing surface water transfer until the end of the 19
68		-	moratorium provided in this section. The moratorium in this section shall end six months after 20
69		-	the submission of the report required by Section 2(b) of this act. For purposes of this section, a 21
70		-	proposed new or increased surface water transfer is significant if it would result in a total increase 22
71		-	in transfer between river basins, as defined in G.S. 143-215.22G, in excess of 15,000,000 gallons 23
72		-	per day. 24
73		-	SECTION 4. This act is effective when it becomes law. 25
	46	+	periods of extreme heat, drought, or flooding events. 34
	47	+	(4) How to build into the certification process incentives for parties requesting 35
	48	+	surface water transfers to implement land use, infrastructure, and drought 36
	49	+	H.B. 850
	50	+	Apr 9, 2025
	51	+	HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	52	+	Page 2 DRH30355-MH-60B
	53	+	resiliency policies that will reduce the size of transfers needed to meet future 1
	54	+	water demands. 2
	55	+	(5) Any other matters the Collaboratory deems relevant to its efforts to increase 3
	56	+	the fairness and effectiveness of the surface water transfer certification 4
	57	+	requirements. 5
	58	+	SECTION 2.(b) Consultation. – In conducting the study required by subsection (a) 6
	59	+	of this section, the Collaboratory will consult with the Army Corps of Engineers and other private 7
	60	+	or public entities with management responsibilities over water impoundments with respect to the 8
	61	+	impact of significant surface water transfers, as defined in Section 3 of this act, on those 9
	62	+	impoundments continuing to meet their present levels and future projected needs for 10
	63	+	hydroelectric power generation and water supply. 11
	64	+	SECTION 2.(c) Report. – The Collaboratory shall report its findings, together with 12
	65	+	any proposed legislation, to the 2027 General Assembly upon its convening. 13
	66	+	SECTION 3. Moratorium on Certain Surface Water Transfer Certificates. – In order 14
	67	+	to permit sufficient time for the General Assembly to complete the study described in Section 2 15
	68	+	of this act, the EMC shall not issue a certificate authorizing a significant new surface water 16
	69	+	transfer or a significant increase in an existing surface water transfer until the end of the 17
	70	+	moratorium provided in this section. The moratorium in this section shall end six months after 18
	71	+	the submission of the report required by Section 2(b) of this act. For purposes of this section, a 19
	72	+	proposed new or increased surface water transfer is significant if it would result in a total increase 20
	73	+	in transfer between river basins, as defined in G.S. 143-215.22G, in excess of 15,000,000 gallons 21
	74	+	per day. 22
	75	+	SECTION 4. This act is effective when it becomes law. 23