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62 <br /> not require the owner of any such water well to abandon, cap, or otherwise compromise the <br /> integrity of the water well." <br /> SECTION 3.5.(g) G.S. 130A-55(16)a. reads as rewritten: <br /> "a. To require the owners of developed property on which there are <br /> situated one or more residential dwelling units or commercial <br /> establishments located within the jurisdiction of the district and <br /> within a reasonable distance of any waterline or sewer collection line <br /> owned, leased as lessee, or operated by the district to connect the <br /> property with the waterline, sewer connection line, or both and fix <br /> charges for the connections. The power granted by this subdivision <br /> may be exercised by a district only to the extent that the service, <br /> whether water, sewer, or a combination thereof, to be provided by the <br /> district is not then being provided to the improved property by any <br /> other political subdivision or by a public utility regulated by the <br /> North Carolina Utilities Commission pursuant to Chapter 62 of the <br /> General Statutes. In the case of improved property that would qualify <br /> for the issuance of a building permit for the construction of one or <br /> more residential dwelling units or commercial establishments and <br /> where the district has installed water or sewer lines or a combination <br /> thereof directly available to the property, the district may require <br /> payment of a periodic availability charge, not to exceed the minimum <br /> periodic service charge for properties that are connected. In <br /> accordance with G.S. 87-97.1, when developed property is located so <br /> as to be served by a sanitary district water line and the property <br /> owner has connected to that water line, the property owner may <br /> continue to use any private water well located on the property for <br /> nonpotable purposes as long as the water well is not interconnected <br /> to the sanitary district water line and the sanitary district shall not <br /> require the owner of any such water well to abandon, cap, or <br /> otherwise compromise the integrity of the water well." <br /> SECTION 3.5.(h) G.S. 162A-6(a)(14d)reads as rewritten: <br /> "(14d) To require the owners of developed property on which there are situated one <br /> or more residential dwelling units or commercial establishments located <br /> within the jurisdiction of the authority and within a reasonable distance of <br /> any waterline or sewer collection line owned, leased as lessee, or operated <br /> by the authority to connect the property with the waterline, sewer connection <br /> line, or both and fix charges for the connections. The power granted by this <br /> subdivision may be exercised by an authority only to the extent that the <br /> service, whether water, sewer, or a combination thereof, to be provided by <br /> the authority is not then being provided to the improved property by any <br /> other political subdivision or by a public utility regulated by the North <br /> Carolina Utilities Commission pursuant to Chapter 62 of the General <br /> Statutes. In the case of improved property that would qualify for the issuance <br /> of a building permit for the construction of one or more residential dwelling <br /> units or commercial establishments and where the authority has installed <br /> water or sewer lines or a combination thereof directly available to the <br /> property, the authority may require payment of a periodic availability <br /> charge, not to exceed the minimum periodic service charge for properties <br /> that are connected. In accordance with G.S. 87-97.1, when developed <br /> property is located so as to be served by an authority water line and the <br /> property owner has connected to that water line, the property owner may <br /> continue to use any private water well located on the property for nonpotable <br /> purposes as long as the water well is not interconnected to the sanitary <br /> district water line and the sanitary district shall not require the owner of any <br /> such water well to abandon, cap, or otherwise compromise the integrity of <br /> the water well. This subdivision applies only to a water and sewer authority <br /> whose membership includes part or all of a county that has a population of at <br /> least 40,000 according to the most recent annual population estimates <br /> certified by the State Budget Officer." <br /> House Bill 44-Ratified Session Law 2015-246 Page 7 <br />