North Carolina § 143-355 - 4. Water system efficiency.

§ 143-355. 4. Water system efficiency.

Local government water systems and large community water systems shall require separate meters for new in-ground irrigation systems on lots platted and recorded in the office of the register of deeds in the county or counties in which the real property is located after July 1, 2009, that are connected to their systems. This section shall not apply to lots with privately owned septic tanks systems or other types of privately owned innovative on-site wastewater systems if a lockable cutoff valve approved by the water system and a testable backflow prevention device approved by the water system for the appropriate level of risk associated with the irrigation system or other identified risk are installed on the water supply line for the irrigation system. The lockable cutoff value shall be installed on the water supply line for the irrigation system within 24 inches of the water meter and the testable backflow device shall be installed on the water supply line for the irrigation system. To be eligible for State water infrastructure funds from the Drinking Water State Revolving Fund or the Drinking Water Reserve or any other grant or loan of funds allocated by the General Assembly whether the allocation of funds is to a State agency or to a nonprofit organization for the purpose of extending waterlines or expanding water treatment capacity, a local government or large community water system must demonstrate that the system: Has established a water rate structure that is adequate to pay the cost of maintaining, repairing, and operating the system, including reserves for payment of principal and interest on indebtedness incurred for maintenance or improvement of the water system during periods of normal use and periods of reduced water use due to implementation of water conservation measures. The funding agency shall apply guidelines developed by the State Water Infrastructure Authority in determining the adequacy of the water rate structure to support operation and maintenance of the system. Has implemented a leak detection and repair program. Has an approved water supply plan pursuant to G.S. 143-355. Meters all water use except for water use that is impractical to meter, including, but not limited to, use of water for firefighting and to flush waterlines. Does not use a rate structure that gives residential water customers a lower per-unit water rate as water use increases. Has evaluated the extent to which the future water needs of the water system can be met by reclaimed water. Has implemented a consumer education program that emphasizes the importance of water conservation and that includes information on measures that residential customers may implement to reduce water consumption. History (2008-143, s. 9; 2010-142, s. 13; 2010-180, s. 16; 2011-374, s. 3.2; 2013-360, s. 14.21( l ); 2017-130, s. 7.) Editor's Note. - Session Laws 2008-143, s. 18, provides: "The Department of Environment and Natural Resources shall develop recommendations, in consultation with the technical working group that consists of scientists from the University of North Carolina and industry experts, for water efficiency standards for water-using fixtures in residential and commercial building and in-ground irrigation systems. The Department shall also develop recommendations for efficient metering of water use by local government and large community water systems. The Department shall submit its recommendations to the Commissioner of Insurance, the Chair of the Building Code Council, and the Environmental Review Commission no later than January 1, 2009." Session Laws 2008-143, s. 20, provides: "Nothing in this act shall be construed to expand or limit the authority of a unit of government or public water supply system to regulate water use from a well located outside of its jurisdiction, a well not connected to its water system, or any other private well." The preamble to Session Laws 2011-374 provides: "Whereas, S.L. 2007-518 directed the Environmental Review Commission to study the allocation of surface water resources and their availability and maintenance in the State; and "Whereas, pursuant to this directive, the Environmental Review Commission commissioned a study and report on water allocation issues and policy options; and "Whereas, the resulting water allocation report included a recommendation that the State create an expedited regulatory process for the construction of new water supply reservoirs; and "Whereas, the resulting water allocation report found that certain areas of the State, including the Piedmont, are expected to experience significant population growth over the next 30 years and do not have adequate water supplies to support the expected growth; Now, therefore," Session Laws 2011-374, ss. 3.4, 3.5, provide: "3.4. The Department of Environment and Natural Resources shall provide statewide outreach and technical assistance as needed regarding water efficiency, which shall include the development of best management practices for community water efficiency and conservation. These best management practices shall address at least all of the following practices: "(1) Integrating water efficiency and conservation into water supply plans. "(2) Conducting regular water audits to identify revenue and nonrevenue water and water losses. "(3) Adopting water loss abatement programs. "(4) Metering and submetering of existing multiunit residential, commercial, and industrial complexes. "(5) Retrofitting fixtures, equipment, and irrigation systems to make them more water efficient. "(6) Landscaping in a manner that conserves water use and is regionally appropriate. "(7) Employing water reuse practices that include harvesting rainwater and using grey water. "(8) Pricing water to achieve comprehensive conservation and adopting full-cost accounting in line with the recommendation approved by the State Water Infrastructure Commission in November 2010. "3.5. Nothing in Sections 3.1 through 3.4 of this act shall be construed to authorize the adoption of rules to implement those sections. Nothing in Sections 3.1 through 3.4 of this act shall be construed or implemented in a way so as to negatively impact economic development." Effect of Amendments. - Session Laws 2010-142, s. 13, effective July 22, 2010, substituted "Drinking Water State Revolving Fund or the Drinking Water Reserve" for "Drinking Water Revolving Fund or the Drinking Water Reserve Fund" in the introductory paragraph of subsection (b). Session Laws 2010-180, s. 16, effective August 2, 2010, inserted "on lots platted and recorded in the office of the register of deeds in the county or counties in which the real property is located after July 1, 2009" in subsection (a). Session Laws 2011-374, s. 3.2, effective October 1, 2011, added "and that includes information on measures that residential customers may implement to reduce water consumption" in subdivision (b)(7). Session Laws 2013-360, s. 14.21( l ), effective July 1, 2013, substituted "Authority" for "Commission" in the last sentence of subdivision (b)(1). Session Laws 2017-130, s. 7, effective October 1, 2017, added the second and third sentences in subsection (a).