A BILL TO BE ENTITLED
AN ACT to direct the state water infrastructure commission to develop a statewide strategic plan and needs assessment for water and wastewater infrastructure FUNDING, AS recommended by the joint legislative Program evaluation oversight committee.
The General Assembly of North Carolina enacts:
SECTION 1.  The State Water Infrastructure Commission shall develop a statewide strategic plan for water and wastewater infrastructure funding by May 1, 2010, as recommended in the Final Report to the Joint Legislative Program Evaluation Oversight Committee titled "North Carolina's Water and Wastewater Infrastructure Funding Lacks Strategic Focus and Coordination," (Report Number 2008‑12‑07).  A needs assessment of the State's water and wastewater infrastructure shall be conducted as part of the statewide strategic plan.  The needs assessment shall include information and analysis regarding all of the following:  the condition of existing infrastructure, the demand for improvements, the cost of improvements, the financial needs of local governments, and any other areas that the Commission determines are relevant to compiling a complete assessment of the State's water and wastewater infrastructure needs.  The data gathered from the needs assessment shall be used to assist in the development of the statewide strategic plan.  The statewide strategic plan shall establish the vision, goals, and objectives for water and wastewater infrastructure funding in North Carolina.  The statewide strategic plan shall establish the State's role in financing water and wastewater infrastructure needs within the context of focus areas, including water supply, water quality, public health, and economic development and collectively across funding entities. The statewide strategic plan shall include components to do all of the following:
(1)	Identify the State's water and wastewater infrastructure needs and establish statewide priorities for meeting those needs. As part of this component, the State Water Infrastructure Commission shall address the need to have a single database that is a complete inventory of the State's water and wastewater infrastructure, that is continuously maintained, and that provides the ability to analyze in a meaningful way the current and future ability of the State to meet its water and wastewater infrastructure needs.
(2)	Establish statewide policy goals for water and wastewater infrastructure funding that are linked to performance measures and that will indicate to the General Assembly that policy goals are being met. The State Water Infrastructure Commission shall also clarify the role of the State and local governments in providing financing for water and wastewater infrastructure owned and operated at the local level.
(3)	Determine funding strategies for water and wastewater infrastructure, including sources of funding, the appropriate mix of grants and loans, and funding allocation based on statewide priorities. As part of this component, the statewide strategic plan shall identify how best to fund the State match with recurring State funds for the revolving loan programs. To assist the General Assembly in determining an appropriate mix of grants and loans, the statewide strategic plan shall, with the assistance of the Local Government Commission, develop criteria that may be used to identify which systems with water and wastewater infrastructure needs appear to have the resources to repay loans and which systems appear to lack those resources and so would require grants.
(4)	Identify any statutory changes required to implement the statewide strategic plan developed pursuant to this act.
SECTION 2.  The State Water Infrastructure Commission shall contract with an independent entity to develop a statewide strategic plan for water and wastewater infrastructure pursuant to this act.
SECTION 3.  The Department of Environment and Natural Resources, the Department of Commerce, and the North Carolina Clean Water Management Trust Fund shall cooperate with the State Water Infrastructure Commission and any entity with whom the Commission contracts to develop a statewide strategic water infrastructure plan pursuant to this act.  The North Carolina Rural Economic Development Center, if it receives State funds, shall also, as a condition of receiving those State funds, cooperate with the State Water Infrastructure Commission and any entity with whom the Commission contracts to develop a statewide strategic water infrastructure plan pursuant to this act.
SECTION 4.  Funds in the amount of three hundred seventy‑five thousand dollars ($375,000) appropriated to the Clean Water Management Trust Fund for the 2009‑2010 fiscal year shall be transferred to the Office of the Governor to be used to pay for services rendered pursuant to the contract.  In addition, funds in the amount of three hundred seventy‑five thousand dollars ($375,000) appropriated to the North Carolina Rural Economic Development Center for the 2009‑2010 fiscal year shall also be transferred to the Office of the Governor to be used to help pay for services rendered pursuant to the contract.
SECTION 5.  This act becomes effective July 1, 2009.