North Carolina § 160A-311 - Public enterprise defined.

§ 160A-311. Public enterprise defined.

As used in this Article, the term "public enterprise" includes: Electric power generation, transmission, and distribution systems. Water supply and distribution systems. Wastewater collection, treatment, and disposal systems of all types, including septic tank systems or other on-site collection or disposal facilities or systems. Gas production, storage, transmission, and distribution systems, where systems shall also include the purchase or lease of natural gas fields and natural gas reserves, the purchase of natural gas supplies, and the surveying, drilling and any other activities related to the exploration for natural gas, whether within the State or without. Public transportation systems. Solid waste collection and disposal systems and facilities. Cable television systems. Off-street parking facilities and systems. Airports. Stormwater management programs designed to protect water quality by controlling the level of pollutants in, and the quantity and flow of, stormwater and structural and natural stormwater and drainage systems of all types. History (1971, c. 698, s. 1; 1975, c. 549, s. 2; c. 821, s. 3; 1977, c. 514, s. 2; 1979, c. 619, s. 2; 1989, c. 643, s. 5; 1991 (Reg. Sess., 1992), c. 944, s. 14; 2000-70, s. 3.) Local Modification. - (As to Article 16) Henderson: 2014-51, s. 1 (expires December 31, 2016); (As to Article 16) city of Asheville: 2014-51, s. 1 (expires December 31, 2016); town of Kure Beach: 1997-94 town of Stallings: 1991, c. 16; town of Ocean Isle Beach: 2000-43, s. 1; town of White Lake: 1993 (Reg. Sess., 1994), c. 631, s. 1; village of Bald Head Island: 1991, c. 16; 2014-23, s. 3(a); village of Pinehurst: 1985, c. 379, s. 3. Rural Economic Development Center to Report on Progress of Water and Sewer Improvement Grants. - Session Laws 2009-451, s. 14.31, provides: "By September 1 of each year, and more frequently as requested, the North Carolina Rural Economic Development Center, Inc., shall report to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division concerning the progress of the water/sewer improvement grants (commonly referred to as funding for Clean Water Partners) as appropriated in Section 13.13A of S.L. 2007-323 and Section 13.8 of S.L. 2008-107. Each report shall include a list of grants made since the last report, the total amount contracted, and the amount of funds remaining. This reporting requirement shall replace all previous reporting requirements and shall remain in effect until all funds from this program are expended." Session Laws 2009-451, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2009'." Session Laws 2009-451, s. 28.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2009-2011 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2009-2011 fiscal biennium." Session Laws 2009-451, s. 28.5, is a severability clause. Legal Periodicals. - For note, "Municipal Ownership of Cable Television Systems: Madison Cablevision, Inc. v. City of Morganton," see 68 N.C.L. Rev. 1295 (1990). For comment, " 'Don't Know What a Slide Rule Is For': The Need for a Precise Definition of Public Purpose in North Carolina in the Wake of Kelo v. City of New London," see 28 Campbell L. Rev. 291 (2006). For article, "Down the Drain: How North Carolina Municipalities Lost Immunity for Storm Drains in Jennings v. Fayetteville," see 88 N.C.L. Rev. 2272 (2010).