A BILL TO BE ENTITLED
AN ACT TO ESTABLISH THE LEGISLATIVE STUDY COMMISSION ON WATER AND WASTEWATER INFRASTRUCTURE TO ASSESS THE STATE'S NEEDS FOR THE FUNDING OF WATER AND WASTEWATER INFRASTRUCTURE IN NORTH CAROLINA.
Whereas, North Carolina is projected to grow by approximately three million people to a population of more than 12.2 million between now and 2030, making North Carolina the 7th most populous state; and 
Whereas, there are 535 public water systems and 409 public sewer systems owned and operated by units of local government statewide; and
Whereas, North Carolina's public water systems are projected to serve 70 percent more people by 2030 than they did in 2006; and
Whereas, steady economic growth is predicated upon the availability of adequate water and wastewater infrastructure; and 
Whereas, the Water 2030 study completed in 2006 revealed that $16.63 billion is needed in water and sewer improvements between 2005 and 2030; and 
Whereas, the North Carolina Department of Environment and Natural Resources conducts needs surveys of water and sewer systems in North Carolina; and 
Whereas, much of the existing infrastructure has outlived its projected life, resulting in a need for replacement and leading to the loss of 35 billion gallons of water each year; and
Whereas, the price paid for water has increased 160 percent since 1986; and
Whereas, the participation of State government in the funding of public water and wastewater infrastructure through the provision of loans and grants is essential to the State's public health, economic, and environmental future; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1.(a)  There is created the Legislative Study Commission on Water and Wastewater Infrastructure. The Commission shall consist of 16 members appointed as follows:
(1)	Four members of the House of Representatives appointed by the Speaker of the House of Representatives.
(2)	Four members of the Senate appointed by the President Pro Tempore of the Senate.
(3)	Two members appointed by the Governor.
(4)	The Secretary of the North Carolina Department of Environment and Natural Resources or the Secretary's designee.
(5)	The Secretary of the North Carolina Department of Commerce or the Secretary's designee. 
(6)	The President of the North Carolina Rural Economic Development Center or the President's designee.
(7)	The Executive Director of the North Carolina Clean Water Management Trust Fund or the Executive Director's designee.
(8)	The Executive Director of the North Carolina League of Municipalities or the Executive Director's designee.
(9)	The Executive Director of the North Carolina Association of County Commissioners or the Executive Director's designee. 
SECTION 1.(b)  The Legislative Study Commission on Water and Wastewater Infrastructure shall focus on the development of an ongoing process to identify and regularly report to the North Carolina General Assembly on statewide water and wastewater infrastructure needs and to improve the delivery of State appropriated water and wastewater programs. The Commission shall specifically do all of the following:
(1)	Evaluate the information provided through the drinking water and wastewater needs assessment prepared by the Environmental Protection Agency (EPA) every four years, the drinking water and wastewater needs surveys currently done by the North Carolina Department of Environment and Natural Resources in support of the EPA needs assessment; the data compiled as part of Water 2030 by the North Carolina Rural Economic Development Center, Inc., and any other existing data sets in order to determine what information currently exists and where there may be gaps in the data.
(2)	Conduct at least five meetings of stakeholders in locations across the State as part of determining the ongoing method for regularly determining and reporting on the State's water and wastewater infrastructure needs.
(3)	Select a method for identifying and reporting on infrastructure needs in the future.
(4)	Review infrastructure funding priorities currently set out in State law to determine whether the priorities appropriately reflect the State's most pressing needs in light of future growth projections.
(5)	Recommend changes to infrastructure funding priorities and appropriations processes to ensure that funds are used to meet the State's most pressing needs.
(6)	Ascertain the capacity and role of the State in bridging identified gaps between funding priorities and available funds.
(7)	Determine what steps funding agencies can take to improve the delivery of existing funding programs, including the following options:
a.	Developing common application requirements;
b.	Scheduling regular joint meetings between funders and applicants;
c.	Where projects are jointly funded, exploring options to share and improve oversight responsibilities; and
d.	Coordinating reporting requirements to produce a single integrated funders report on an annual basis.
(8)	Prepare a report on the key findings of the work of the Commission.
SECTION 1.(c)  The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall each designate a co‑chair. The Commission may meet at anytime upon the joint call of the co‑chairs.  A quorum of the Commission shall be a majority of its members.
Vacancies on the Commission shall be filled by the same appointing authority as made the initial appointment.
Subject to the approval of the Legislative Services Commission, the Commission may meet in the Legislative Building or the Legislative Office Building.
The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Commission in its work. The House of Representatives' and the Senate's Supervisors of Clerks shall assign clerical support staff to the Commission, and the expenses relating to the clerical employees shall be borne by the Commission.
In addition, the State agencies and nonprofits serving on the Commission shall cooperate in providing information and additional staff resources as needed to accomplish the work of the Commission.
The Commission, while in the discharge of its official duties, may exercise all powers provided for under G.S. 120‑19 and G.S. 120‑19.1 through G.S. 120‑19.4. The Commission may contract for professional, clerical, or consultant services as provided by G.S. 120-32.02.
Members of the Commission shall receive subsistence and travel expenses at the rates set forth in G.S. 120‑3.1, 138‑5, or 138‑6, as appropriate.
SECTION 1.(d)  The Legislative Study Commission on Water and Wastewater Infrastructure may submit an interim report to the 2009 General Assembly, Regular Session 2010, on or before May 1, 2010, and the Commission shall submit a final report on its findings and recommendations no later than the convening of the 2011 Regular Session of the General Assembly.  The Commission shall terminate upon the earlier of the filing of its final report or the convening of the 2011 General Assembly.
SECTION 2.  This act becomes effective July 1, 2009.