§ 143-215.73 — Recommendation and disbursal of grants

North Carolina § 143-215.73

• Jurisdiction: North Carolina
• Ch. 143: State Departments, Institutions, and Commissions
• Art. 21: Water and Air Resources

Text

After review of grant applications, project funds shall be disbursed and monitored by the Department. (1979, c. 1046, s. 1; 1983, c. 717, s. 70; 1985 (Reg. Sess., 1986), c. 955, s. 93; 1987, c. 827, s. 154; 2006-203, s. 90.)
Part 8A. Water Resources Development Projects.
§ 143-215.73A. Water Resources Development Plan.
(a) Plan prepared. - Before 1 July in each calendar year, the Department of Environmental Quality shall prepare a statewide plan for water resources development projects for a period of six years into the future. The plan shall be known as the Water Resources Development Plan. If the plan differs from the Water Resources Development Plan adopted for the preceding calendar year, the Department shall indicate the changes and the reasons for such changes. The Department shall submit the plan to the Director of the Budget for review.
(b) Projects listed. - The plan shall list the following water resources development projects based on their status as of 1 May of the year in which the plan is prepared:
(1) Projects approved by the Congress of the United States.
(2) Projects for which the Congress of the United States has appropriated funds.
(3) Projects for which grant applications have been submitted under Part 8 of Article 21 of Chapter 143 of the General Statutes.
(4) Projects for which grant applications have been submitted under Article 4 of Chapter 139 of the General Statutes.
(5) Projects planned as federal reservoir projects but for which no federal funds are scheduled and for which local governments are seeking State financial assistance.
(c) Project priorities and funding recommendations. - The Department shall assign a priority to each project within each of the five categories listed under subsection (b) of this section either by giving the project a number, with "1" assigned to the highest priority, or by recommending no funding. The Department shall state its reasons for recommending the funding, deferral, or elimination of a project. The Department shall determine the priority of a project based on the following criteria: local interest in the project, the cost of the project to the State, the benefit of the project to the State, and the environmental impact of the project.
(c1) The Department shall provide information annually to appropriate county or municipal officials about the availability, requirements, and process to secure federal and State funding under the Water Resource Development Program.
(d) Project information. - For each project listed under subsection (b) of this section, the Water Resources Development Plan shall:
(1) Provide a brief description.
(2) If federal, list the estimated cost of each of the following phases that have not been completed as of 1 July, (i) feasibility study, (ii) construction, (iii) operation and maintenance, and the amount of State funds required to match the federal funds needed.
(3) If State or local, list the estimated cost to complete the project and amount of State funds required under G.S. 143-215.71 or G.S. 139-54.
(4) Indicate the total cost to date and the State share of that cost.
(5) Indicate the status.
(6) Indicate the estimated completion date.
(e) Distribution of the plan. - The Director of the Budget shall provide copies of the plan to the General Assembly along with the recommended biennial budget and the recommended revised budget for the second year of the biennium.
(f) Budget recommendations. - The Director of the Budget shall determine which projects, if any, will be included in the recommended biennial budget and in the recommended revised budget for the second year of the biennium. The budget document transmitted to the General Assembly shall identify the projects or types of projects recommended for funding. (1991, c. 181, s. 1; 1997-443, s. 11A.119(a); 2006-203, s. 91; 2011-145, s. 30.3(e); 2015-241, s. 14.30(u).)
§ 143-215.73B. Water resources development grants administration.
(a) Fund Creation. - There is established the Water Resources Development Grants Special Fund, a special fund within the Department of Environmental Quality to be used in accordance with this section.
(b) Fund Uses; Flexibility. - Funds within the Water Resources Development Grants Special Fund shall be used for water resources development projects as directed by an act of the General Assembly. Where the actual project costs are different from the authorized estimated project costs, the Department may adjust the allocations among projects as needed. If any funded projects are delayed and the budgeted State funds cannot be used during any given fiscal year, or if the projects are accomplished at a lower cost, the Department may use the resulting fund availability to fund any of the following:
(1) U.S. Army Corps of Engineers project feasibility studies.
(2) U.S. Army Corps of Engineers projects whose schedules have advanced and require State matching funds in the current fiscal year.
(3) State-local water resources development projects.
(4) NRCS-EQIP stream restoration projects.
(c) Reports. - The Department shall submit semiannual reports on the use of funds from the Water Resource Development Grant Special Fund to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the Fiscal Research Division, and the Office of State Budget and Management on or before March 1 and September 1. Each report shall include all of the following:
(1) The project name.
(2) The estimated cost of each project.
(3) The date that work on each project began or is expected to begin.
(4) The date that work on each project was completed or is expected to be completed.
(5) The actual cost of the project.
The semiannual reports also shall show those projects advanced in schedule and those projects delayed in schedule. (2021-180, s. 40.3(b).)
§ 143-215.73C: Reserved for future codification purposes.
§ 143-215.73D: Reserved for future codification purposes.
§ 143-215.73E: Reserved for future codification purposes.
Part 8B. Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund.
§ 143-215.73F. Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund.
(a) Fund Established. - The Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund is established as a special revenue fund. The Fund consists of fees credited to it under G.S. 75A-3 and G.S. 75A-38, taxes credited to it under G.S. 105-449.126, and funds contributed by non-State entities.
(b) Uses of Fund. - Revenue in the Fund may only be used for the following purposes:
(1) To provide the State's share of the costs associated with any dredging project designed to keep shallow draft navigation channels located in State waters or waters of the State located within lakes navigable and safe.
(2) For aquatic weed control projects in waters of the State that either address (i) a noxious aquatic weed designated under Article 15 of Chapter 113A of the General Statutes, (ii) cyanobacteria causing harmful algal blooms or producing cyanotoxins such as cylindrospermopsin and saxitoxins, or (iii) other aquatic vegetation not so designated, if the vegetation obstructs public water access or access by watercraft to public watercraft launching or docking areas. Funding for aquatic weed control projects is limited to one million dollars ($1,000,000) in each fiscal year.
(3) For administrative support of activities related to beach and inlet management in the State, limited to one hundred thousand dollars ($100,000) in each fiscal year.
(3a) For administrative support of Fund operations, limited to one hundred thousand dollars ($100,000) in each fiscal year.
(4) To provide funding for siting and acquisition of dredged disposal sites.
(5) For assessments and data collection regarding dredge material disposal sites located in the State.
(b1) Grants Authorized. - The Secretary is authorized to accept applications for grants for nonfederal costs of projects sponsored by (i) units of local government for the purpose set forth in subdivision (1) of subsection (b) of this section and (ii) units of local government and other entities for the purpose set forth in subdivision (2) of subsection (b) of this section.
(b2) Invoice Approval Required. - Any invoices submitted to the Secretary for reimbursement or payment from the Fund for projects undertaken for the purpose set forth in subdivision (1) of subsection (b) of this section shall be signed by the representative of [the] unit of local government sponsoring the project.
(c) Cost-Share. - Any project funded by revenue from the Fund must be cost-shared with non-State dollars as follows:
(1) The cost-share for dredging projects shall be at least one non-State dollar for every three dollars from the Fund.
(2) Repealed by Session Laws 2022-74, s. 12.1(a), effective July 1, 2022.
(3) The cost-share for an aquatic weed control project shall be at least one non-State dollar for every dollar from the Fund. The cost-share for an aquatic weed control project located within a component of the State Parks System shall be provided by the Division of Parks and Recreation of the Department of Natural and Cultural Resources. The Division of Parks and Recreation may use funds allocated to the State Parks System for capital projects under G.S. 143B-135.56 for the cost-share.
(4) The cost-share for the dredging of the access canal around the Roanoke Island Festival Park shall be paid from the Historic Roanoke Island Fund established by G.S. 143B-131.8A.
(c1) Cost-Share Exemption for DOT Ferry Channel Projects. - Notwithstanding the cost-share requirements of subdivision (1) of subsection (c) of this section, no cost-share shall be required for dredging projects located, in whole or part, in a development tier one area for a ferry channel used by the North Carolina Department of Transportation.
(d) Return of Non-State Entity Funds. - Non-State entities that contribute to the Fund for a particular project or group of projects may make a written request to the Secretary that the contribution be returned if the contribution has not been spent or encumbered within two years of receipt of the contribution by the Fund. If the written request is made prior to the funds being spent or encumbered, the Secretary shall return the funds to the entity within 30 days after the later of (i) receiving the request or (ii) the expiration of the two-year period described by this subsection.
(e) Definitions. - For purposes of this section, "shallow draft navigation channel" means (i) a waterway connection with a maximum depth of 18 feet, inclusive of the depth of overdepth for navigational depth compliance, between the Atlantic Ocean and a bay or the Atlantic Intracoastal Waterway, (ii) a river entrance to the Atlantic Ocean through which tidal and other currents flow, or (iii) other interior coastal waterways. The term includes the Atlantic Intracoastal Waterway and its side channels, Beaufort Harbor, Bogue Inlet, Carolina Beach Inlet, Mason Inlet, Rich Inlet, Tubbs Inlet, the channel from Back Sound to Lookout Back, channels connected to federal navigation channels, Lockwoods Folly River, Manteo/Shallowbag Bay, Southport Small Boat Harbors, including Oregon Inlet, Masonboro Inlet, New River, New Topsail Inlet, Rodanthe, Hatteras Inlet, Rollinson, Shallotte River, Silver Lake Harbor, and the waterway connecting Pamlico Sound and Beaufort Harbor.
(f) Report. - The Department shall report annually no later than October 1 regarding projects funded under this section to the Fiscal Research Division and the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources. The report shall include project type (dredging or weed control), project location, brief project description, entity receiving the funding, and amount of funding provided.
(g) Rules. - The Department shall adopt rules to implement the grant programs authorized under subsection (b1) of this section. (2013-360, s. 14.22(h); 2014-100, s. 14.19(a); 2015-241, ss. 14.6(a), 14.30(bbb); 2016-94, ss. 14.12(a), 14.19; 2017-190, s. 3.2(b); 2017-197, s. 4.11; 2018-5, s. 13.6; 2021-108, s. 2; 2021-180, s. 12.5(a); 2021-185, s. 5; 2022-74, s. 12.1(a); 2023-137, s. 10; 2024-1, s. 4.12.)
Part 8C. Deep Draft Navigation Channel Dredging and Maintenance Fund.
§ 143-215.73J. Deep Draft Navigation Channel Dredging and Maintenance Fund.
(a) Fund Established. - The Deep Draft Navigation Channel Dredging and Maintenance Fund is established as a special revenue fund. The Fund consists of General Fund appropriations, gifts, or grants, including monies contributed by a non-State entity for a particular dredging project or group of projects and any other revenues specifically allocated to the Fund by an act of the General Assembly.
(b) Uses of the Fund. - Revenue credited to the Fund may only be used for costs associated with projects providing safe and efficient navigational access to a State Port, including the design, construction, expansion, modification, or maintenance of deep draft navigation channels, turning basins, berths, and related structures, as well as surveys or studies related to any of the foregoing and the costs of disposal of dredged material.
(c) Conditions on Funding. - State funds credited to the Fund from the sources described in subsection (a) of this section must be cost-shared on a one-to-one basis with funds provided by the State Ports Authority, provided that:
(1) Funds contributed to the Fund by a non-State entity are not considered State funds and may be used to provide the cost-share required by this subsection.
(2) The Secretary may waive or modify the cost-share requirement for any project that supplements Corps funding for a study authorized by the Corps related to navigational access to a State Port, based on availability of alternate funding sources.
(d) Return of Non-State Entity Funds. - Non-State entities that contribute to the Fund for a particular project or group of projects may make a written request to the Secretary that the contribution be returned if the contribution has not been spent or encumbered within two years of receipt of the contribution by the Fund. If the written request is made prior to the funds being spent or encumbered, the Secretary shall return the funds to the entity within 30 days after the later of (i) receiving the request or (ii) the expiration of the two-year period described by this subsection.
(e) Definitions. - The following definitions apply in this Part:
(1) Corps. - The United States Army Corps of Engineers.
(2) State Port. - Facilities at Wilmington or Morehead City managed or operated by the State Ports Authority. (2015-241, s. 14.6(c).)
Part 8D. Coastal Storm Damage Mitigation Fund.
§ 143-215.73M. Coastal Storm Damage Mitigation Fund.
(a) Fund Established. - The Coastal Storm Damage Mitigation Fund is established as a special revenue fund. The Fund consists of General Fund appropriations, gifts, grants, devises, monies contributed by a non-State entity for a particular beach nourishment or damage mitigation project or group of projects, and any other revenues specifically allocated to the Fund by an act of the General Assembly.
(b) Uses of the Fund. - Revenue credited to the Fund may only be used for costs associated with beach nourishment, artificial dunes, and other projects to mitigate or remediate coastal storm damage to the ocean beaches and dune systems of the State.
(b1) Grants Authorized. - The Secretary is authorized to accept applications for grants for nonfederal costs of projects sponsored by units of local government for the purpose set forth in subsection (b) of this section.
(c) Conditions on Funding. - Any project funded by revenue from the Fund must be cost-shared with non-State dollars on a basis of at least one non-State dollar for every one dollar from the Fund.
(d) Return of Non-State Entity Funds. - Non-State entities that contribute to the Fund for a particular project or group of projects may make a written request to the Secretary that the contribution be returned if the contribution has not been spent or encumbered within two years of receipt of the contribution by the Fund. If the written request is made prior to the funds being spent or encumbered, the Secretary shall return the funds to the entity within 30 days after the later of (i) receiving the request or (ii) the expiration of the two-year period described by this subsection.
(e) Report. - The Department shall report annually no later than October 1 regarding projects funded under this section to the Fiscal Research Division and the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources. The report shall include project type, project location, brief project description, entity receiving the funding, and amount of funding provided.
(f) Rules. - The Department shall adopt rules to implement the grant program authorized under subsection (b1) of this section. (2017-209, s. 6; 2018-5, s. 13.10(b); 2022-74, s. 12.1(b).)
Part 9. Nonpoint Source Pollution Control Program.
§§ 143-215.74 through 143-215.74B: Recodified as Article 72 of Chapter 106, G.S. 106-850 through G.S. 106-852, by Session Laws 2011-145, s. 13.22A(t), effective July 1, 2011.
Part 9A. Application of Animal Waste.
§§ 143-215.74C through 143-215.74E: Repealed by Session Laws 1995 (Regular Session, 1996), c. 626, s. 13.
Part 10. Stream Watch Program.
§ 143-215.74F. Program authorized.
The Department of Environment, Health, and Natural Resources may establish a Stream Watch Program to recognize and assist civic, environmental, educational, and other volunteer groups interested in good water resources management and protection. The goals of the Stream Watch Program are to encourage volunteer groups to adopt streams and other water bodies and to work toward their good management and protection; to increase public awareness of and involvement in water resources management; and to promote cooperative activities among volunteer groups, local government, industry, the Department of Environment, Health, and Natural Resources, and other agencies and entities for improved protection and management of water resources. (1989, c. 412, c. 727, s. 218; 1997-443, s. 11A.119(a).)
§ 143-215.74G. Applications.
The Department may accept and approve applications to affiliate with the Stream Watch Program from volunteer groups willing to adopt a specific body of water and to conduct at least one project each year to promote the protection of the adopted body of water or to increase public understanding of water resources. (1989, c. 412.)
§ 143.215.74H. Assistance.
The Department may provide technical, organizational, and financial assistance to stream watch groups from such resources as may be available to the Department. (1989, c. 412.)
§ 143-215.74I. Projects.
The Department may encourage and assist stream watch groups to carry out projects for stream cleanup and restoration, stream surveillance and water quality monitoring, public education, the establishment of trails and greenways, recreational use of water bodies, and other activities in furtherance of the goals of the Stream Watch Program. (1989, c. 412.)
§ 143-215.74J. Reserved for future codification purposes.
§ 143-215.74K. Reserved for future codification purposes.
§ 143-215.74L. Reserved for future codification purposes.
Part 11. Community Conservation Assistance Program.
§ 143-215.74M: Recodified as Article 73 of Chapter 106, G.S. 106-860, by Session Laws 2011-145, s. 13.22A(x), effective July 1, 2011.
Part 12. Submersible Polystyrene Devices.
§ 143-215.74N. Definitions.
The following definitions apply in this Article:
(1) Department. - The Department of Environmental Quality.
(2) Dock. - An unenclosed structure used for mooring boats or for similar recreational uses, such as sunbathing or as a swimming platform, which may either float or be secured to the adjacent or underlying land.
(3) Encapsulated. - A protective covering or physical barrier between the polystyrene device and the water.
(4) Float or floating structure. - A structure supported by polystyrene foam flotation and held in place by piling and mooring devices, including boathouses, floating homes, marinas, walkways, boarding floats, or combination thereof.
(5) Fuel float. - Any floating structure used to dispense any form of fuel or used to store, maintain, or repair boat engines.
(6) Polystyrene foam flotation. - All products manufactured from expanded polystyrene foam beads with cell diameters of at least 0.125 inches used for flotation.
(7) Repair or maintenance. - The reconstruction or renewal of any part of an existing floating structure for the purpose of its maintenance.
(8) Submersible polystyrene device. - Any molded or expanded type of polystyrene foam used for flotation. (2023-137, s. 11(a).)
§ 143-215.74O. Encapsulation and design requirements for submersible polystyrene devices.
(a) Except as provided in subsection (b) of this section, no person shall install a submersible polystyrene device on a dock, buoy, or float unless the device is encapsulated by a protective covering or designed to prevent the polystyrene from disintegrating into the waters of the State.
(b) The requirements of this section do not apply to any of the following:
(1) Construction, maintenance, or operation of boats or vessels.
(2) Polystyrene foam devices manufactured into extruded closed cell beads of no more than 0.125 inches in diameter.
(c) Any of the following methods of encapsulation shall be considered sufficient to meet the requirements of this section:
(1) Concrete of at least 1 inch in thickness.
(2) Galvanized steel of at least 0.065 inches or 16 gauge in thickness.
(3) Liquid coatings of at least 0.03 inches in thickness, chemically or securely bonded to the polystyrene foam flotation.
(4) Rigid plastics of at least 0.05 inches in thickness.
(5) Fiberglass or plastic resins of at least 0.03 inches in thickness, chemically or securely bonded to the polystyrene foam flotation. (2023-137, s. 11(a).)
§ 143-215.74P. Polystyrene containment requirement for construction and maintenance activities.
Any polystyrene foam flotation or part thereof installed, removed, replaced, or repaired during construction or maintenance activities must be effectively contained. All unused or replaced polystyrene foam must be removed from the waters of the State and lawfully disposed. (2023-137, s. 11(a).)
§ 143-215.74Q. Requirements for polystyrene foam on fuel floats.
All polystyrene foam flotation used on fuel floats or floating structures used to store, maintain, or repair boat engines must be encapsulated with materials that are not subject to degradation by fuel oils or products. (2023-137, s. 11(a).)
§ 143-215.74R. Prohibited sales.
No person shall sell any polystyrene foam buoys, markers, ski floats, bumpers, fish trap markers, or similar devices unless encapsulated by a protective covering in accordance with this Article and rules adopted by the Department to implement this Article. (2023-137, s. 11(a).)
§ 143-215.74S. Rulemaking authority.
The Department shall adopt rules to implement this Article. (2023-137, s. 11(a).)
Part 1. General Provisions.

Legislative History

(1989, c. 412.)