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GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 3
SENATE BILL 605
Agriculture, Energy, and Environment Committee Substitute Adopted 5/6/25
Third Edition Engrossed 5/7/25
Short Title: IBT Subbasin/TMDL Transport Factor. (Public)
Sponsors:
Referred to:
March 26, 2025
*S605-v-3*
A BILL TO BE ENTITLED 1
AN ACT TO ELIMINATE CERTAIN SUBBASIN DES IGNATIONS AND REMOVE THE 2
REQUIREMENT FOR AN I NTERBASIN TRANSFER C ERTIFICATE FOR WATER 3
TRANSFERS BETWEEN THOSE CERTAIN SUBBASINS WITHIN THE SAME MAJOR 4
RIVER BASIN AND TO R EVISE 2020 FARM ACT TMDL TRANSPORT FACTO R 5
CALCULATION APPLICABILITY. 6
The General Assembly of North Carolina enacts: 7
8
ELIMINATE SUBBASIN DESIGNATIONS FOR IBT PROCESS 9
SECTION 1.(a) Legislative Findings. – The General Assembly finds the following, 10
with respect to eliminating the Haw River, Deep River, and Contentnea Creek subbasin 11
designations: 12
(1) These subbasins serve rapidly growing areas facing urgent water supply and 13
economic development pressures. 14
(2) Flexibility in intrabasin transfers within the Neuse and Cape Fear major river 15
basins strengthens drought resilience and supports emergency water 16
management. 17
(3) Reducing unnecessary regulatory barriers allows municipalities and utilities 18
in t hese subbasins to better plan and finance regional water infrastructure, 19
improving affordability for consumers. 20
(4) Existing watershed planning and management systems within the Cape Fear 21
River and Neuse River major river basins mitigate potential environm ental 22
impacts caused by intrabasin transfers. 23
SECTION 1.(b) G.S. 143-215.22G reads as rewritten: 24
"§ 143-215.22G. Definitions. 25
In addition to the definitions set forth in G.S. 143-212 and G.S. 143-213, the following 26
definitions apply to this Part. 27
… 28
(1b) "River basin" means any of the following river basins designated on the map 29
entitled "Major River Basins and Sub -basins in North Carolina" and filed in 30
the Office of the Secretary of State on 16 April 1991. The term "river basin" 31
includes any portion of the river basin that extends into another state. Any area 32
outside North Carolina that is not included in one of the river basins listed in 33
this subdivision comprises a separate river basin. 34
a. 1-1 Broad River. 35
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 605-Third Edition
b. 2-1 Haw River. 1
c. 2-2 Deep River. 2
d. 2-3 Cape Fear River.River, which includes Haw 3
River (2-1) and Deep River (2-2). 4
e. 2-4 South River. 5
f. 2-5 Northeast Cape Fear River. 6
g. 2-6 New River. 7
h. 3-1 Catawba River. 8
i. 3-2 South Fork Catawba River. 9
j. 4-1 Chowan River. 10
k. 4-2 Meherrin River. 11
l. 5-1 Nolichucky River. 12
m. 5-2 French Broad River. 13
n. 5-3 Pigeon River. 14
o. 6-1 Hiwassee River. 15
p. 7-1 Little Tennessee River. 16
q. 7-2 Tuskasegee (Tuckasegee) River. 17
r. 8-1 Savannah River. 18
s. 9-1 Lumber River. 19
t. 9-2 Big Shoe Heel Creek. 20
u. 9-3 Waccamaw River. 21
v. 9-4 Shallotte River. 22
w. 10-1 Neuse River.River, which includes 23
Contentnea Creek (10-2). 24
x. 10-2 Contentnea Creek. 25
y. 10-3 Trent River. 26
z. 11-1 New River. 27
aa. 12-1 Albemarle Sound. 28
bb. 13-1 Ocoee River. 29
cc. 14-1 Roanoke River. 30
dd. 15-1 Tar River. 31
ee. 15-2 Fishing Creek. 32
ff. 15-3 Pamlico River and Sound. 33
gg. 16-1 Watauga River. 34
hh. 17-1 White Oak River. 35
ii. 18-1 Yadkin (Yadkin-Pee Dee) River. 36
jj. 18-2 South Yadkin River. 37
kk. 18-3 Uwharrie River. 38
ll. 18-4 Rocky River. 39
…." 40
SECTION 1.(c) This section is effective when it becomes law and applies to water 41
withdrawals or transfers initiated or modified on or after that date. 42
43
REVISE 2020 FARM ACT TMDL TRANSPORT FACTOR CALCULATION 44
APPLICABILITY 45
SECTION 2. Section 15 of S.L. 2020 -18, as amended by Section 14 of S.L . 46
2023-137, reads as rewritten: 47
"SECTION 15.(a) Notwithstanding 15A NCAC 02B .0701 (Nutrient Strategies 48
Definitions), 15A NCAC 02B .0703 (Nutrient Offset Credit Trading), and 15A NCAC 02B .0713 49
(Neuse Nutrient Strategy: Wastewater Discharge Requirements), nutrient offset credits shall be 50
General Assembly Of North Carolina Session 2025
Senate Bill 605-Third Edition Page 3
applied to a wastewater permit by applying the TMDL transport factor to the permitted 1
wastewater discharge and to the nutrient offset credits as specified in the 1999 Phase I TMDL. 2
"SECTION 15.(b) Subsection (a) of this section applies only to wastewater discharge permit 3
applications for a local government located in the Neuse River Basin with a customer base of 4
fewer than 15,000 connections.Basin. 5
"SECTION 15.(c) The Department of Environmental Quality, in conjunction with affected 6
parties, may begin the modeling necessary to determine new transport zones and delivery factors 7
for the Neuse River Basin for point source discharges and nutrient offset credits. Once the 8
Department has completed the watershed modeling, it shall provide the Environmental 9
Management Commission a list of qualified professionals from which the Commission shall 10
select at least two to validate the modeling. If each of the professionals selected b y the 11
Commission validate the model, the Commission may use the modeling and other information 12
provided during the public comment period to adopt new transport zones and delivery factors, if 13
warranted, by rule. 14
"SECTION 15.(d) This section is effective wh en it becomes law. Subsection (a) of this 15
section shall expire when the rule required by subsection (c) of this section becomes effective." 16
17
EFFECTIVE DATE 18
SECTION 3. Except as otherwise provided, this act is effective when it becomes 19
law. 20