§ 9-2-170 — State Reservoir Management Grant Program and Fund

(a) This section shall be known and may be cited as the Alabama State Reservoir Management Development Act.
(b) For the purposes of this section, the following words have the following meanings:
(1) DEPARTMENT. The Department of Conservation and Natural Resources.
(2) LOCAL ENTITY. One or more of the following:
a. A county.
b. An incorporated municipality.
c. An unincorporated municipality.
d. A public entity of a county or municipality.
e. A local public-private partnership.
(3) LOCAL PUBLIC-PRIVATE PARTNERSHIP. Any partnership between a county, incorporated municipality, unincorporated municipality, or any other public entity of a county or municipality and a private organization.
(4) QUALIFIED LOCAL ENTITY. Local entity with an existing reservoir and reservoir debris management plan.
(5) STATE RESERVOIR. A quantity of any public spring, brook, creek, stream, river, pond, swamp, lake, reservoir, impoundment, sound, tidal estuary, bay, waterway, aquifer, or any other body or accumulation of water, surface water, or ground water, natural or artificial, that does any of the following:
a. Is contained within the borders of this state.
b. Flows through or to this state or any portion thereof.
c. Borders upon this state or any portion thereof, including those portions of the Gulf of Mexico over which this state has jurisdiction.
(c)(1) The Commissioner of the Department of Conservation and Natural Resources shall establish and administer the state reservoir management grant program for the purpose of addressing short-term and long-term projects outlined in reservoir management and reservoir debris management plans.
(2) The commissioner shall adopt rules necessary to administer the program and meet the future needs of the grant program. Initial rules to implement the program shall be adopted not later than April 1, 2022.
(d) The state reservoir management grant program shall be administered pursuant to policies developed by the department in compliance with this section. The policies shall provide for the awarding of grants to qualified local entities.
(e) There is created the State Reservoir Management Grant Fund in the State Treasury. The fund is subject to appropriations by the Legislature and gifts, grants, and other donations received by the department for the state reservoir management grant program or fund. The department may not spend appropriations for the program for purposes other than those listed in this section. Any monies appropriated to the department for reservoir management grants that are unspent at the end of a fiscal year shall be carried over for use by the program in the next fiscal year. The department is prohibited from expending more than three percent of the total amount appropriated for the program on administrative expenses in any fiscal year. Monies in the fund shall be invested by the State Treasurer for the sole benefit of the fund.
(f) Individual grants awarded by the department under this section may only be awarded for projects included in reservoir management and reservoir debris management plans. Grants may be awarded to a qualified local entity based on criteria developed by the department for projects for any of the following purposes:
(1) To control invasive aquatic species in state reservoirs.
(2) To remove debris from navigable waters within state reservoirs primarily after declared natural disasters.
(3) To install, maintain, and repair navigational aids or regulatory signs that are officially designated by the Alabama State Law Enforcement Agency.
(g) Prior to awarding a grant under this section, the qualified local entity shall obtain written concurrence from the owner or operator, or both, of the applicable state reservoir and submit it to the department. No project that receives a grant under this section shall conflict or interfere with any right or obligation of an owner or operator of such state reservoir or otherwise create any duty or liability for such owner or operator with respect to a project for which a grant is awarded.
(h) Beginning October 1, 2022, and each October 1 thereafter, applicants may submit grant applications. Applications for eligible projects shall be evaluated according to a system developed by the department. The department shall announce grant awards by February 1 of the following year. Grant applications shall be published by the department online at the time of the award announcement. Grants issued by the department shall be conditioned upon compliance with the terms of the grant, but shall not otherwise be revocable. Grant awards shall be paid within 60 days upon the department receiving written certification of the completion of the project and evidence of compliance with the terms of the grant as prescribed by the department.
(i) Any grant shall be conditioned on the completion of the project within two years of the awarding of the grant. If the grant is not completed, the applicant may not apply for additional grants within the two-year period.
(j) Each qualified state or local entity shall contribute matching funds equal to 50 percent of the total amount of the grant award. Grant funds may also be used as matching funds for any state or federal program that addresses the purposes of this section.
(k) If grant funds are returned for any reason, the funds shall be deposited in the Alabama State Reservoir Management Grant Fund and shall be available for award the next grant year.

Legislative History

(Act 2021-447, §1.)