GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2003

 

 

SESSION LAW 2003-37

HOUSE BILL 1205

 

 

AN ACT to facilitate the implementation of the "Clean smokestacks act" by exempting sanitary landfills used for the disposal of waste generated by investor-owned public utility coal-fired generating units that are subject to the "clean smokestacks act" from the requirement that franchises be obtained for the operation of those landfills.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  G.S. 130A-294(b1) is amended by adding a new subdivision to read:

"(5)      As used in this subdivision, 'coal-fired generating unit' and 'investor-owned public utility' have the same meaning as in G.S. 143-215.107D(a). Notwithstanding subdivisions (a)(4), (b1)(3), or (b1)(4) of this section, no franchise shall be required for a sanitary landfill used only to dispose of waste generated by a coal-fired generating unit that is owned or operated by an investor-owned utility subject to the requirements of G.S. 143-215.107D."

SECTION 2.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 5th day of May, 2003.

 

 

                                                                    s/ Marc Basnight

                                                                         President Pro Tempore of the Senate

 

 

                                                                    s/ Richard T. Morgan

                                                                         Speaker of the House of Representatives

 

 

                                                                    s/ Michael F. Easley

                                                                         Governor

 

 

Approved 12:39 p.m. this 14th day of May, 2003