AN ACT TO PROVIDE ADDITIONAL AND REVISED USES FOR FEDERAL CORONAVIRUS RELIEF FUNDS; TO PROVIDE ADDITIONAL FUNDING FOR SCHOOL NUTRITIONAL NEEDS; TO EXTEND THE ABILITY OF CERTAIN GOVERNMENTAL RETIREES TO ENGAGE IN PART-TIME EMPLOYMENT WITHOUT AFFECTING RETIREMENT; TO PROVIDE FUNDING FOR THE IMPLEMENTATION OF THE SCHOOL BUSINESS SYSTEM MODERNIZATION PLAN; TO WAIVE MATCH REQUIREMENTS FOR A CERTAIN COMPETITIVE GRANT PROCESS FOR NONPROFITS; AND TO MAKE OTHER CHANGES. SL 2020-80. Enacted July 1, 2020. Effective July 1, 2020, except as otherwise provided.
Bill Summaries: H1023 (2019-2020 Session)
Summary date: Jul 2 2020 - View summary
Summary date: Jun 24 2020 - View summary
Senate amendments make the following changes to the 4th edition.
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Amendment #1 makes the following changes.
Further amends Section 3.1 of SL 2020-4 to increase the funds transferred from the Coronavirus Relief Reserve to the Coronavirus Relief Fund to $1,795,928,029 (was, $1,575,988,029).
Further amends subdivision 3.3(2) of SL 2020-4 to require a county that did not qualify for federal CARES Act funds but receives Office of State Budget and Management (OSBM) relief funds to allocate at least 25% to municipalities within the county if consistent with federal law.
Amends proposed subdivision 3.3(53) of SL 2020-4 to more specifically require funding bidirectional building data exchanges and patient matching services between NC HealthConnex and the State's other specified health information systems. Additionally directs OSBM to work with the NC Health Information Exchange Authority on COVID-19 on NC HealthConnex and requires contracts and interagency agreements to be executed within thirty days of the effective date.
Corrects an internal cross-reference in Section 1.1(e).
Amendment #2 adds a new Section. Amends GS 116B-67 to temporarily change claim and verification procedures for the Office of State Treasurer. Until March 15, 2021, allows claims of less than $250 to be paid from the Escheat Fund with a statutory presumption that the claimant has indemnified the State. Changes the act's long title.
Amendment #3 adds a new Section. Amends GS 106-1070 to rename the NC Sweetpotato Advisory Council as the NC Sweetpotato Quality and Branding Advisory Council (Council). Establishes the Council within the Department of Agriculture and Consumer Services, with members appointed by the NC Sweetpotato Commission (Commission; previously, appointed by the Commissioner of Agriculture (Commissioner). Provides for the Commissioner to serve as chair. Adds the Executive Director of the Commission to the Council. Provides for other advisors selected by the Commission, rather than the Commissioner. Adds member duties including advising the Commissioner on plant pest regulatory issues. Requires quarterly meetings or meeting on an as-needed basis upon the Commissioner's request. Makes conforming changes to GS 106-1066 and GS 106-1069.
Amendment #4 amends proposed Section 4.2B of SL 2020-4 to allow the Department of Commerce to use up to 5% of allocated funds from the Coronavirus Relief Fund to administer the COVID-19 Job Retention Program.
Amendment #5 adds two new Sections. Extends the sunset provision of Section 4.12 of SL 2020-3, which authorizes disbursement of funds prior to recordation of deeds in certain emergencies, from August 1, 2020, to March 1, 2021.
Amends GS 10B-10, GS 10B-25, and GS 10B-200, as amended by SL 2020-3, extending the sunset from August 1, 2020, to March 1, 2021, regarding the authorized delay in newly commissioned notaries' requirement to take the oath of office before the register of deeds, authorizing remote video notarization, and regulating remote video witnessing.
Changes the act's long title to: AN ACT TO PROVIDE ADDITIONAL AND REVISED USES FOR FEDERAL CORONAVIRUS RELIEF FUNDS; TO PROVIDE ADDITIONAL FUNDING FOR SCHOOL NUTRITIONAL NEEDS; TO EXTEND THE ABILITY OF CERTAIN GOVERNMENTAL RETIREES TO ENGAGE IN PART-TIME EMPLOYMENT WITHOUT AFFECTING RETIREMENT; TO PROVIDE FUNDING FOR THE IMPLEMENTATION OF THE SCHOOL BUSINESS SYSTEM MODERNIZATION PLAN; TO WAIVE MATCH REQUIREMENTS FOR A CERTAIN COMPETITIVE GRANT PROCESS FOR NONPROFITS; AND TO MAKE OTHER CHANGES.
Summary date: Jun 23 2020 - View summary
Senate committee substitute to the 3rd edition deletes all provisions of the 3rd edition and replaces it with the following.
Section 1.1.(a) revises Section 2.3 of SL 2020-4 (2020 COVID-19 Recovery Act) by deleting the statement of legislative intent to appropriate $150,000,000 if local governments experience a revenue shortfall and the federal CARES Act is amended to allow the use of federal funds for that purpose.
Section 1.1.(b) revises Section 3.1 of SL 2020-4 by transferring $300,000,000 (was, $150,000,000) from the Local Government Coronavirus Relief Reserve (Local Reserve) to the Coronavirus Relief Fund (Fund).
Section 1.1.(c) revises Section 3.2 of SL 2020-4 by increasing the appropriations from the Fund to the Office of State Budget and Management (OSBM) to $2,095,988,029 (was, $1,425,988,029).
Section 1.1.(d) makes various revisions to Section 3.3. of SL 2020-4 regarding OSBM's allocation of appropriated funds, effective June 15, 2020, as follows.
Amends subdivision (2) by allocating $300,000,000 (was, $150,000,000) to counties ineligible to receive direct funding from the CARES Act. Directs counties to allocate 25% of these funds (previously permitted counties to allocate amount in their discretion) for use by municipalities and provides that municipalities must return allocated funds to the county absent developing a plan to spend the funds by September 1, 2020.
Amends subdivision (4) by extending the deadline regarding the conditional revision of specified US Department of Treasury guidelines to September 1, 2020 (was, June 15, 2020) in order to allocate $300,000,000 to the General Maintenance Reserve in the Highway Fund.
Amends subdivision (6) to provide that the funds allocated to Department of Public Instruction (DPI) must be used for emergency school nutrition services including innovative school meals and that school units participating in the Summer Food Service Program are eligible. Clarifies that meals are to be provided to students (previously recipients were unspecified). Changes relevant nutrition program participation period for units from March 16, 2020, to December 30, 2020 (was to end of the 2019-2020 school year).
Amends subdivision (32) by allocating $7,425,000 (was, $5,000,000) to OSBM to be allocated to the North Carolina Association of Free and Charitable Clinics and clarifying that funds can be used for other costs allowed pursuant to federal guidance in addition to emergency costs.
Amends subdivision (34) by allocating $7,425,000 (was, $5,000,000) to OSBM to be allocated to the North Carolina Community Health Center Association and clarifying that funds can be used for emergency and other costs allowed pursuant to federal guidance. Makes technical changes regarding name of association and acronym.
Amends subdivision (42) by allocating $3,550,000 (was, $2,250,000) to the Department of Health and Human Services (DHHS), Division of Social Services for $100 supplemental payments for each child receiving foster care assistance payments beginning in April 2020 and continuing until funds are exhausted (previously ended June 2020).
Amends subdivision (44) by allocating $14,500,000 (was, $4,500,000) to the Department of Commerce for marketing COVID-19 concepts, strategies, and materials, as specified. Makes conforming changes.
Enacts new subdivision (47) allocating $10,000,000 to the Department of Agriculture and Consumer Services to be used in accordance with Section 4.2A of the act (as enacted, regarding grants for small meat processing facilities).
Enacts new subdivision (48) allocating $2,000,000 to the General Assembly to cover allowable costs incurred as a result of the COVID019 pandemic.
Enacts new subdivision (49) allocating $750,000 to the Department of Information Technology, Government Data Analytics Center (GDAC) to develop a COVID-19 economic analytics and reporting tool, as specified.
Enacts new subdivision (50) allocating $4,800,000 to UNC Chapel Hill to be used for the UNC School of Medicine Asheville Campus joint program related to COVID-19 response activities.
Enacts new subdivision (51) allocating $15,000,000 to the Department of Commerce for job retention grants awarded by the Economic Investment Committee pursuant to Section 4.2B of the act (as enacted, regarding job retention grants).
Enacts new subdivision (52) allocating $120,000,000 to the Department of Public Safety, Division of Emergency Management to be used as the State match for any Federal Emergency Management Agency public assistance funds provided for the COVID-19 pandemic.
Enacts new subdivision (53) allocating $2,600,000 to OSBM to provide additional funding for NC HealthConnex for COVID-19 related operations and improvements, as specified.
Enacts new subdivision (54) allocating $3,500,000 to the Administrative Office of the Courts (AOC) to be used as a grant for Caitlyn’s Courage, Inc. in accordance with Section 4.2C of the act (as enacted).
Enacts new subdivision (55) allocating $2,000,000 to the Wildlife Resources Commission to be allocated to the Outdoor Heritage Special Fund for the Outdoor Heritage Advisory Council’s NC Schools Go Outside grant program.
Enacts new subdivision (56) allocating $400,000 to the Department of Natural and Cultural Resources for the State Library’s NC Kids Digital Library for enhancement of digital offerings.
Enacts new subdivision (57) allocating $400,000 to the Department of Natural and Cultural Resources to be allocated to the North Carolina Museum of History for virtual and online programs and access.
Enacts new subdivision (58) allocating $1,000,000 to the Department of Natural and Cultural Resources to be allocated to the North Carolina Zoological Park for health and safety enhancements related to COVID-19.
Enacts new subdivision (59) allocating $725,000 to the Department of Commerce to be allocated to the High Point International Home Furnishings Market Authority Corporation to enable the Market to open during its international shows.
Enacts new subdivision (60) allocating $1,500,000 to the Department of Commerce to contract with a nonprofit corporation for grants targeted to areas most dependent on travel and tourism, as specified.
Enacts new subdivision (61) allocating $500,000 to the Department of Commerce to be allocated to the North Carolina Biotechnology Center for grants and job placement services related to workers displaced by COVID-19, as specified.
Enacts new subdivision (62) allocating $2,500,000 to the Department of Commerce to be used in accordance with Section 4.2D of the act regarding the Plasma Games Pilot Program (as enacted).
Enacts new subdivision (63) allocating $7,000,000 to the Department of Public Instruction to provide personal protective equipment for public schools to facilitate in-person instruction for the 2020-21 school year, as specified.
Enacts new subdivision (64) allocating $5,000,000 to the Department of Public Instruction to hold in reserve to award as grants in the Department’s discretion to public school units that apply for funds to provide access to services for exceptional children.
Enacts new subdivision (65) allocating $3,000,000 to UNC Pembroke for an analytics project focusing on the COVID-19 pandemic, as specified.
Enacts new subdivision (66) allocating $2,000,000 to UNC Pembroke for the Department of Nursing for specialized training related to COVID-19.
Enacts new subdivision (67) allocating $5,000,000 to DHHS, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services to be allocated to group homes to support implementation of CDC guidance related to these facilities. Defines the term group home for purposes of the subdivision.
Enacts new subdivision (68) allocating $7,000,000 to OSBM to be allocated in equal amounts to Good Hope Hospital, Inc., Lake Norman Regional Medical Center, Cape Fear Valley Health Hoke Hospital, Catawba Valley Medical Center, Davis Regional Medical Center, Carolinas Healthcare System Blue Ridge, and AdventHealth Hendersonville to be used to offset expenses related to patient care from the COVID-19 pandemic. Specifies expenses which may be offset and requires grant recipients to provide a report of expenditures and other matter to relevant legislative committees by December 1, 2020.
Enacts new subdivision (69) allocating $2,500,000 to OSBM to be allocated to any county designated as a tier two area with a population of less than 150,000 that has a hospital within its borders meeting certain specified criteria. Directs counties to distribute allocated funds to eligible hospitals to offset expenses related to patient care from the COVID-19 pandemic. Specifies expenses which may be offset and requires grant recipients to provide a report of expenditures and other matter to relevant legislative committees by December 1, 2020. Creates civil liability for counties, county officials, and county employees who misuse funds.
Enacts new subdivision (70) allocating $4,300,000 to OSBM to be allocated to the Children’s Advocacy Centers of North Carolina, Inc., to be distributed to child advocacy centers to cover the cost of increased child caseloads and virtual counseling due to the COVID-19 pandemic.
Enacts new subdivision (71) allocating $375,000 to OSBM to be allocated to the Crossnore School and Children’s Home for COVID-19 related preventative protective measures.
Section 1.1(e) adds the following new Sections to SL 2020-4.
States legislative findings concerning the impact of the COVID-19 emergency on small livestock producers and independent meat processors.
Directs the Department of Agriculture and Consumer Services (DACS) to determine if allocations made in subdivision 3.3(47) of SL 2020-4, as amended, are sufficient to improve the COVID-19 related slowdowns and mitigate capacity reductions, and if insufficient, to notify the State Controller who must deposit funds into the Coronavirus Relief Reserve. If DACS determines sufficient funds are allocated, requires DACS to use the funds for three types of grants: capacity enhancement grants, workforce development grants, and planning grants. Describes the availability and permitted uses of each grant, with capacity enhancement and workforce development grants provided to eligible meat processing facilities and planning grants available to nonprofits and higher education institutions.
Requires DACS to develop policies and procedures for the disbursement of grants that includes specified restrictions and requirements, including that grant eligibility be restricted to meat processing facilities that either (1) contract with independent livestock producers to process animals owned by the producers, and the USDA contracts with DACS to conduct federal inspection activities authorized by federal law at the plant, or the plant is a State-inspected facility, or (2) are a catfish aquaculture operation that raises and processes catfish. Also provides for use restrictions, prioritization of projects with job creation, and matching requirements of $1 for every $2 in grant funds.
Provides for repayment of grant funding for fixtures or equipment purchased with the grant funds and disposed of, as defined, during a period of time DACS can specify following their placement in service.
Requires DACS to transfer disallowed allocations under federal law as specified for ultimate transfer back to the Coronavirus Relief Reserve.
States the purpose of the Section regarding the use of funds from the Coronavirus Relief Fund to help NC businesses and nonprofits after the COVID-19 pandemic. Directs the Department of Commerce to use funds allocated in subdivision 3.3(51) of SL 2020-4, as amended, to provide the following described grants.
Establishes the COVID-19 Job Retention Program (program), administered by the Economic Investment Committee (Committee), to provide one-time grants of up to $250,000 to a business or nonprofit that retained jobs during and after the COVID-19 pandemic and meets program requirements. Limits program eligibility to businesses and nonprofits that: (1) employ at least 90% of the number of full-time or equivalent employees during the COVID-19 period in NC as it employed for the pay period ending on or about February 28, 2020; (2) for businesses, have sales for the COVID-19 period that are at least 10% below its sales during the same period in the preceding calendar year, and for nonprofits, gross receipts for the COVID-19 period are at least 10% below its gross receipts for the same period in the preceding calendar year.; and (3) did not participate in the Paycheck Protection Program (PPP), the Main Street Loan Program, or the Rapid Recovery Loan Program, as defined. Provides 11 defined terms. Defines a business to mean an entity subject to income tax, and defines a nonprofit to mean an entity exempt from income tax under GS 105-130.11(a)(3) or GS 105-130.11(a)(6). Defines the COVID-19 period to mean the period beginning March 1, 2020, and ending May 31, 2020. Provides for grants awards to be up to two months of the business's average monthly payroll costs, as defined, from the last year plus an additional 25%. Caps the total of all funds granted under the program at $15 million. Directs the Committee to calculate the total amount of grants requested from the applications timely filed and to proportionately reduce each grant award of the total amount requested exceeds this amount. Requires applications to be filed by September 1, 2020, as specified by the Committee.
States legislative findings regarding the impact of the COVID-19 pandemic on domestic violence.
Requires the funds allocated in subdivision 3.3(54) in SL 2020-4, as amended, to the Administrative Office of the Courts (AOC) to be used as a grant for Caitlyn's Courage, Inc. to conduct a pilot program in at least nine judicial district with varying caseloads. Requires Caitlyn’s Courage to collaborate with AOC and the respective Chief District Court Judges in developing implementation plans.
Details the four components of the pilot project, including: (1) allowing the use of GPS tracking devices as a condition of pretrial release for defendants of crimes related to stalking, sexual assault, domestic abuse, and violations of a domestic violence protective order (DVPO); (2) establish a local implementation team of specified officials and individuals involved in the court system; (3) operate a 24-hour monitoring system that contacts victims if an offender violates a relevant pretrial release condition or a DVPO; and (4) train all program participants regarding the GPS tracking devices used by the program.
Details seven specifications the electronic monitoring devices used by the program must employ, including the ability to record the offender's immediate location at all times and the ability to automatically notify the victim if an offender is within a restricted proximity to the victim pursuant to court order.
Directs Caitlyn's Courage, Inc. to report to the specified NCGA committees and division by April 1, 2021, on the pilot program, including specified content such as current and future estimated costs of the program's implementation. Requires consultation with participating judicial districts and the ECU Department of Criminal Justice.
Requires the Office of Science, Technology, and Innovation (Office) to administer a pilot program (pilot) to promote access to innovative digital and personalized learning solutions for high school students that bridge the gap between chemistry and physical science classes and career and technical education (CTE) career pathways. Requires the local school administrative units to incorporate STEM-focused educational software programs developed by Plasma Games, Inc., in select STEM classes and their CTE programs to encourage student interest and workforce development for chemistry-dependent industries located in the state. Requires the pilot to be conducted for the 2020-21 school year.
Requires a participating local school administrative unit to provide the Office with a plan for the placement of the technology in its school and sets out requirements for the plan and its implementation.
Requires funds allocated in subdivision 3.3(62) of SL 2020-4, as amended, to be used to provide funds for participating local school administrative units to be used for licensing fees, for educational software, Plasma Games’ operating costs, and for implementation of the pilot.
Requires participating local school administrative units to provide a report by May 1, 2021, to the Office on the implementation of the pilot for the school year, including the specified information. Requires the Office to provide a report by June 1, 2021, to the specified NCGA committee and Division on the implementation of the pilot and the information reported by participating local school administrative units.
Section 1.1(f) amends Section 4.23 of SL 2020-3 (2020 COVID-19 Recovery Act), which (1) institutes a one-month separation requirement for retirement to become effective for retirees of the Teachers’ and State Employees’ Retirement System (TSERS) for individuals that retired on or after October 1, 2019, but before April 1, 2020; (2) sets forth further provisions applicable upon the expiration of the temporary changes to TSERS, including that for eligible retirees during the identified period, any time worked between March 10, 2020, and the time the changes expire is not considered work for purposes of the separation requirement; (3) provides that any earnings received between March 10, 2020, and time the changes expire are not earnings by a TSERS beneficiary law or earnings by a beneficiary of the Local Government Employees Retirement System under state law; and (4) provides that any benefits received by or paid to a law enforcement officer or retired law enforcement officer for separation allowances under Article 12D of GS Chapter 143 cannot be impacted by any work performed between March 10, 2020, and the time the changes expire. Changes the date for expiration of the Section's provisions from August 1, 2020, to August 31, 2020.
Amends Section 1.7 of SL 2020-4 to extend the reporting requirement for OSBM on the use of allocated funds under SL 2020-4, from March 1, 2021, to April 1, 2021. Makes the same extension for the State Auditor’s preliminary financial audit and final report on the Coronavirus Relief Fund required under Section 1.8 of SL 2020-4.
Authorizes the Department of Public Instruction to withhold up to $12 million for the 2020-21 fiscal year from the transportation allotment and allocate those funds as needed for transportation expenses related to emergency school nutrition services provided between July 1, 2020, and the beginning of the 2020-21 school year to participating public school units. Effective July 1, 2020.
Directs the State Board of Education (State Board) to report to the specified NCGA committee by October 15, 2021, on unpaid meal charges in local school administrative units, including specified information. Directs DPI to transfer $3.9 million in nonrecurring funds from the cash balance of the School Bus Replacement Fund to the State Public School Fund for the 2020-21 fiscal year. Appropriates the transferred funds to provide lunches at no cost to students of all grades qualifying for reduced-price meals in all participating schools for the 2020-21 school year. Provides for DPI to use excess funds appropriated to the breakfast program to implement the provisions if transferred funds are insufficient. Effective July 1, 2020.
Directs OSBM to reduce the appropriations from the Civil Penalty and Forfeiture Fund to the School of Technology Fund by $18 million in nonrecurring funds for 2020-21; instead appropriates that amount from the Civil Penalty and Forfeiture Fund to the State Public School Fund, and directs OSBM to reduce the General Fund appropriations from the State Public School Fund by that amount. Appropriates from the General Fund the $18 million now available in nonrecurring funds for 2020-21 to DPI to implement the School Business System Modernization Plan set out in SL 2017-57. Requires DPI to transfer up to $650,000 of the funds to the Government Data Analytics Center (GDAC) to leverage existing public-private partnerships for ongoing support of the annual school report card data system and the School Finance Reporting system; requires up to $400,000 of those funds to be used for the annual school report card data system and $250,000 for the School Finance Reporting system. Requires GDAC to enter into contracts and interagency data sharing agreements to accomplish the required reporting system under SL 2017-57, by October 1, 2020. Requires DPI to continue partnering to accomplish the continued development, deployment, and ongoing provision of a data integration service that consolidates data from financial, human resources, licensure, student information, and EVAAS. Effective July 1, 2020.
Requires the Division of Central Management and Support of the Department of Health and Human Services to waive the 15% match requirement for the competitive grant process for nonprofit organizations for the 2020-21 fiscal year required under Section 11A.14(b)(2) of SL 2017-57, as amended.
Provides for the continued validity of 2019 legislation appropriating funds from the Coronavirus Relief Fund to an entity covered by the act, unless expressly repealed or amended by the act or any of the following: SL 2020-4; SL 2020-14; SB 805; SB 808; SB 816; SB 836; HB 1071; HB 1087; and HB 1229.
Directs OSBM to deposit any remaining funds in the Coronavirus Relief Reserve in the General Fund as nontax revenue for the 2020-21 fiscal year if permitted by federal law or guidance, to remain until legislatively appropriated.
Authorizes OSBM to use up to $645 million appropriated from the Coronavirus Relief Fund in SB 805 for revenue replacement and to establish the Statewide Reserve for Appropriations required by that act, if SB 805 or similar legislation becomes law and federal law or guidance permits. Additionally repeals SB 805’s requirement to reduce the Reserve’s negative appropriation balance if that act becomes law.
Provides for the effect of the act’s headings. Includes a severability clause. Changes the act's short title to Coronavirus Relief Fund/Additions & Revisions. Changes the long title to AN ACT TO PROVIDE ADDITIONAL AND REVISED USES FOR FEDERAL CORONAVIRUS RELIEF FUNDS; TO PROVIDE ADDITIONAL FUNDING FOR SCHOOL NUTRITIONAL NEEDS; TO EXTEND THE ABILITY OF CERTAIN GOVERNMENTAL RETIREES TO ENGAGE IN PART-TIME EMPLOYMENT WITHOUT AFFECTING RETIREMENT; TO PROVIDE FUNDING FOR THE IMPLEMENTATION OF THE SCHOOL BUSINESS SYSTEM MODERNIZATION PLAN; TO WAIVE MATCH REQUIREMENTS FOR A CERTAIN COMPETITIVE GRANT PROCESS FOR NONPROFITS; AND TO MAKE TECHNICAL CHANGES.Agriculture, Animals, Business and Commerce, Courts/Judiciary, Criminal Justice, Criminal Law and Procedure, Education, Elementary and Secondary Education, Employment and Retirement, Government, Budget/Appropriations, Cultural Resources and Museums, General Assembly, Public Safety and Emergency Management, State Agencies, UNC System, Department of Agriculture and Consumer Services, Department of Commerce, Department of Natural and Cultural Resources (formerly Dept. of Cultural Resources), Department of Health and Human Services, Department of Information Technology, Department of Justice, Department of Public Instruction, Department of Public Safety, Department of Transportation, Office of State Auditor, Local Government, Health and Human Services, Health, Health Care Facilities and Providers, Mental Health, Social Services, Child Welfare, Public Assistance, Nonprofits, Transportation
House amendments to the 2nd edition make the following changes.
Amendment #1 deletes the proposed change to GS 166A-19.15 and GS 143-129 and instead amends GS 166A-19.15 as follows. Authorizes political subdivisions to award contracts for the repair, rehabilitation, or construction of private residential structures funded by State or federal funds provided to the political subdivision because of a disaster declaration by the Governor covering the political subdivision. Allows a political subdivision, for purposes of contracts awarded under this provision, to contract with contractors prequalified by the Division of Emergency Management for that disaster. Exempts the political subdivision from the procedures for prequalifying contractors under GS 143-135.8.
Amendment #2 increases the amount appropriated from the Savings Reserve by $5 million, to be allocated to the Department of Agriculture and Consumer Services for the Division of Soil and Water Conservation's Swine Buyout program.
Amendment #3 decreases the amount of the funds allocated to Golden L.E.A.F from the funds appropriated to the Savings Reserve by $5 million. Adds an allocation of those funds of $5 million to the Department of Agriculture and Consumer Services, Division of Soil and Water Conservation, for stream debris removal.
Amendment #4 amends Subdivision 2.1(10) of SL 2019-224 to allow the Wildlife Resource Commission to also coordinate with local governments in the inspection, investigation, removal, and disposal of abandoned and derelict vessels.
Amendment #5 amends the allocation of funds appropriated from the Savings Reserve to require that $30 million of the funds allocated to the Department of Transportation be used for current and future activities related to recovery from Hurricane Dorian such as debris removal and repair of highway infrastructure damage (was, for cash-flow assistance for federal disaster recovery activities such as debris removal, repair of highway infrastructure damage, and other recovery activities related to Hurricane Dorian).
Adds that for the purposes of subsection 3.1(a) (allowing any State agency that received funds under this act or any of the specified enactments to reallocate unexpended and obligated program funds to the same program or purposes for damage caused by Hurricanes Matthew, Florence, Michael, Dorian, or future storms), the term State agency includes the Golden L.E.A.F, Inc.
Amendment #7 amends the allocation of funds appropriated from the Savings Reserve to require that $20 million of the funds allocated to the North Carolina Office of Recovery and Resiliency be used to assist distressed communities impacted by Hurricane Matthew, Hurricane Florence, Tropical Storm Michael, or Hurricane Dorian. Requires the Office to enter into agreements with local governments to ensure the proper use of the funds and the return of the funds to the State once the local governments have received federal reimbursement. Allows loans to be used for cash-flow assistance while awaiting federal reimbursement. Requires the program to be operated on a revolving loan fund basis. Also increases the amount appropriated from the Savings Reserve by $17.6 million and allocates those additional funds to the Department of Environmental Quality to match additional federal funds recently made available for the Clean Water State Revolving Fund and the Drinking Water State Revolving Fund.Development, Land Use and Housing, Building and Construction, Community and Economic Development, Environment, Environment/Natural Resources, Government, Budget/Appropriations, General Assembly, Public Safety and Emergency Management, State Agencies, Community Colleges System Office, Department of Environmental Quality (formerly DENR), Department of Public Safety, Office of State Budget and Management, Local Government
House committee substitute to the 1st edition adds the following content.
Requires the State Controller to transfer $70,812,336 in nonrecurring funds for 2019-20 from the Savings Reserve to the Hurricane Florence Disaster Recovery Fund to be used to provide a State match for Hurricane Florence federal disaster assistance programs.
Appropriates $186,353,258 in nonrecurring funds from the Savings Reserve for 2019-20, to be allocated as follows: (1) $38,173,258 to the State Emergency Response and Disaster Relief Fund to be used for the four specified purposes; (2) $40 million to the North Carolina Office of Recovery and Resiliency to be used for the three specified purposes; (3) $1,350,000 to the Department of Environmental Quality to be used for the two specified purposes; (4) $30,000 to the Wildlife Resources Commission to be used for the specified purpose; (5) $36 million to the Department of Transportation to be used for the four specified purposes; (6) $42.1 million to the Division of Emergency Management to be used for the three specified purposes; (7) $5.2 million to Elizabeth City State University for the specified purpose; (8) $1.7 million to the Department of Public Instruction as a directed grant to Hyde County for the specified purpose; (9) $20 million to the Office of State Budget and Management for the Golden L.E.A.F. Inc., for the specified purpose, and (10) $1.8 million as a directed grant to Hyde County for the specified purposes.
Appropriates $357,813 in recurring funds for 2019-20 and $753,125 for 2020-21 from the General Fund to the Department of Public Safety with $250,000 in recurring funds in each year of the biennium allocated for a grant to the United Way of North Carolina to support the NC 2-1-1 program; and $107,813 in recurring funds in 2019-20 and $503,125 in recurring funds for 2020-21 allocated to the Division of Emergency Management for positions to support the management of federal grants and other Division operations with the positions effective January 1, 2020. Repeals these provisions if HB 966 (Appropriations Act of 2019) becomes law.
Specifies that Section 1.1 and 1.2 apply to the following counties: (1) for disaster relief and recovery related to Hurricane Matthew, counties identified in Part II of SL 2016-124; (2) for disaster relief and recovery related to Hurricane Florence or Michael, those counties identified in SL 2018-136 or SL 2019-3; (3) those declared a major disaster by the President under the Stafford act as a result of Hurricane Dorian.
Allows a State agency that received funding under this act or any of the following to reallocate unexpended and unobligated program funds to the same program or purposes for damage caused by Hurricanes Matthew, Florence, Michael, Dorian or future storms: SL 2016-124 (An Act to Enact the Disaster Recovery Act of 2016), SL 2017-119 (An Act to Enact the Disaster Recovery Act of 2017), Section 5.6 of SL 2018-5 (Disaster Recovery – 2018), SL 2018-134 (The Hurricane Florence Emergency Response Act), SL 2018-136 (2018 Hurricane Florence Disaster Recovery Act), SL 2018-138 (An Act to Provide Additional Disaster Relief in Response to Hurricane Florence), SL 2019-3 (An Act to Extend the Deadline to Apply for the Hurricane Florence Agricultural Disaster Program of 2018 for Certain Counties that Received a Presidential or Secretarial Disaster Declaration as a Result of Hurricane Michael After the Original Deadline), and SL 2019-224 (An Act to Enact the 2019 Disaster Recovery Act Consistent with the Provisions of House Bill 966 of the 2019 Regular Session and to Appropriate Funds).
Requires any State agency that reallocates funds to report, at least 30 days before the reallocation, to the chairs of the specified NCGA committees and division. Requires the report to identify six specified items, including the original funding authorization, the original program or purpose for the use of the funds, and the amount of funds to be reallocated.
Amends GS 166A-19.15(f)(1) to allow political subdivisions to award contracts for the repair, rehabilitation, or construction of private residential structures funded by State or federal funds following a disaster declared by the Governor covering the political subdivision. Authorizes a political subdivision to contract directly with pre-qualified contractors under GS 166A-19.12(23) on the basis of price, qualification, capacity, and any other objective criteria.
Amends GS 143-129 to exempt contracts for disaster recovery private residential construction or repair awarded under GS 166A-19.12(23) and GS 166A-19.15(f)(1) from Article 8, Public Contracts, of GS Chapter 143.
Amends Section 5.11(a) of SL 2016-124 to now require that all Community Development Block Grant Disaster Recovery awards received by the State in response to the declarations and executive orders described in the act as well as subsequent federally declared disasters, to be administered by the North Carolina Office of Recovery and Resiliency (was, all Community Development Block Grant Disaster Recovery Program funds received by the Department of Commerce in response to the declaration and executive orders described in the act were to be transferred to the Emergency Management Division).
Allows funds allocated to the Community Colleges System Office in Section 4.12 of SL 2018-136 to be used to offset a receipt shortfall due to enrollment declines caused by Hurricane Florence.
Amends GS 166A-19.11 by giving the Secretary of Public Safety the following additional duties: (1) notifying the Director of the Budget, the Office of the Governor, the chairs of the specified NCGA committees, the Fiscal Research Division, and any other State entities deemed necessary of the potential for using Community Development Block Grant-Disaster Recovery funds to cover the nonfederal share of matching requirements for eligible programs on June 1 of each year and within five days of a presidential disaster declaration for the State and (2) reporting annually by December 1 to the chairs of the specified NCGA committees on the amount of State funds used to pay contractors for performing CDBG-DR activities that could have been paid for using federal CDBG-DR funds during the calendar year.
Enacts new GS 166A-19.13 requiring the Department of Public Safety (DPS) to establish mechanisms to regularly solicit input from entities receiving federal or State disaster recovery funds on how to improve the administration of the funds and associated programs. Requires DPS, by December 1, 2020, to modify its policies and procedures for disaster recovery to: (1) where permitted by State law and administrative rule, require the Office of Recovery and Resiliency (Office) to use cost as a factor when awarding contracts for professional services that may be eligible for reimbursement from federal funds (exempts contracts subject to Article 3D of Chapter 143); (2) establish minimum competencies for staff who administer the Community Development Block Grant-Disaster Recovery (CDBG-DR) program; and (3) describe how the input obtained from the mechanisms will be incorporated into revisions of its policies and procedures. Requires the Office, by January 1, 2020, to develop performance metrics for all entities receiving federal or State disaster recovery funds, including average time-cycle by process step, total number of projects by process step and managed overall, outreach and intake metrics, amount of disaster recovery funds spent on administrative activities, and amount of disaster recovery funds disbursed on behalf of recipients. Requires the performance metrics to be standardized across funding streams to allow for comparisons and identification of areas needing improvement.
Amends Section 5.8 of SL 2018-136, as amended, to require the Office of Recovery and Resiliency (Office) to also provide separate quarterly reports on the use of disaster recovery and assistance funds expended from funds appropriated for disaster relief for Hurricane Dorian, with specified content, in addition to the separate quarterly reports the Office must provide for funds expended from the Hurricane Florence Recovery Fund and the State Emergency Response and Disaster Relief Fund, beginning January 1, 2019. Further amends Section 5.8 to require the Office to provide separate quarterly reports beginning January 1, 2020, to the Director of the Budget and specified NCGA committees and division on the use of CDBG-DR funds expended starting October 1, 2019, and thereafter. Details required content of the reports, including average time-cycle by process step and average cost per project. Additionally, requires the Office to provide separate quarterly reports beginning January 1, 2020, to the Director of the Budget, and specified NCGA committees and division, on the use of disaster recovery and assistance funds, other than CDBG-DR funds, expended starting October 1, 2019, and thereafter from the Hurricane Florence Recovery Fund and from the State Emergency Response and Disaster Relief Fund for Hurricane Matthew. Details required content of the reports, including average time-cycle and average cost per project. Makes conforming changes.
Directs the Office to make recommendations regarding the staffing levels necessary to (1) administer the CDBG-DR program when the Office is administering CDBG-DR funds; (2) administer the CDBG-DR program when the Office is not administering CDBG-DR funds; (3) maintain a base-level staff to provide resiliency planning and coordination, continuous disaster recovery functions, and adequate preparedness for future disasters; and (4) expand from a base-level staff to provide necessary functions immediately following a natural disaster. Details required content of each recommendation, including funding source of the recommended positions. Requires the Office to report to the specified NCGA committee and division by March 1, 2020.
Directs the Joint Legislative Program Evaluation Oversight Committee to include in the biennial work plan of the Program Evaluation Division (PED) an evaluation of DPS coordination with non-profit organizations for disaster recovery planning. Directs PED to submit is evaluation to specified NCGA committees.
Amends Section 1.1 of SL 2019-224 to decrease the transfer required from the Hurricane Florence Disaster Recovery Reserve to the Hurricane Florence Disaster Recovery Fund for the 2019-20 fiscal year from $94,103,000 to $89,103,000. Effective July 1, 2019.
Amends Section 2.1(7)d. of SL 2019-224, which allocated $2 million to develop a pilot program to help pay for the cost of up to two years' flood insurance for eligible applicants and eligible properties. Modifies who is an eligible applicant under the pilot program to no longer require that the applicant has not received flood insurance for the subject property from any federal program. Modifies eligible properties under the program to no longer require that the property has experienced a repetitive loss as defined by FEMA. Effective July 1, 2019.
Amends Section 2.1(10) of SL 2019-224, which allocated $1 million to the Wildlife Resources Commission (WRC) to inspect, investigate, and remove derelict and abandoned water vessels. Expands the purpose of the allocation to also include disposal of such vessels. Additionally authorizes WRC to coordinate with the Department of Environmental Quality (DEQ), non-governmental organizations, and private entities to perform WRC's work under the subdivision. Amends the meaning of abandoned and derelict vessel under the subdivision to mean a vessel as defined in specified state law located in coastal public trust waters that has been damaged or destroyed by weather-related events and that the WRC determines has been relinquished, left, or given up by the lawful owner without the intention to later resume any right or interest in the vessel (previously, defined the phrase to mean a water-going craft located in a canal or the Intercoastal Waterway that has been damaged or destroyed by weather-related events and that is impeding water traffic; excluded vessels moved to a dock or otherwise not located in an area of normal water traffic). No longer includes language explicitly authorizing the WRC to remove and dispose of vessels identified by the Marine Patrol of the Division of Marine Fisheries. Adds procedures for the WRC to follow before determining the vessel to have been given up by the lawful owner, including requiring 30 days' written notice to the owner and posting notice on the vessel. Allows WRC to proceed with removal and disposal of the vessel if no response is received within 30 days of the notice. Further authorizes the WRC to remove an abandoned and derelict vessel located on private property upon written request of the property owner following specified procedures. Requires the WRC to prioritize removal of vehicles blocking or otherwise impeding vessel traffic in navigable waters.
Requires recipients of State funds to use best efforts to obtain alternative funds to cover losses and needs. Declares State funds paid to be in excess over funds received by a recipient from an insurance claim settlement. Requires higher education institutions and non-State entities that receive State funds to seek private donations to help cover the losses or needs for which the funds are provided.
Sets forth limitations on expenditures relating to federal fund eligibility. Prohibits the Governor from using the described funds of the act to make reallocations under GS 166A-19.40(c) (authority of the Governor to reallocate department appropriations when certain conditions are met).
Encourages agencies to acquire goods and services from historically underutilized business vendors, whether directly or indirectly.
States the legislative intent to review funds federally appropriated for disaster relief and to consider necessary actions to meet remaining unmet needs, as well as review the adequacy of the measures funded by the act.
Prohibits State funds appropriated in the act from being used for the construction of any new residence within the 100-year flood plain, as defined, unless the construction is in an area regulated by a unit of local government pursuant to a floodplain management ordinance and the construction complies with the ordinance.
Requires homeowners in the 100-year floodplain who receive homeowner's housing assistance pursuant to the act to have in effect federal flood insurance, if available, as a precondition to receipt of State homeowner's housing assistance for losses resulting from future flooding.
Limits the use of funds loaned to small and mid-sized businesses to eligible purposes under the Small Business Administration disaster loan assistance program, designated as described. Limits payments for economic losses to documented business expenses necessary for the continued operation of the business.
States that appropriations and allocations made are for maximum amounts necessary and requires savings to be effected where total amounts appropriated or allocated are not required for implementation.
Deems funds received on or after September 1, 2019, for federal disaster assistance programs for State disasters as a result of Hurricane Dorian appropriated in the amounts provided in the award notifications. Requires the Office of State Budget and Management and affected State agencies to report all award notifications to the specified NCGA committees and division.
Details parameters for nonrecurring funds appropriated as directed grants, including that directed grants of more than $100,000 must be made in quarterly or monthly payments at the discretion of the Director of the Budget; directed grants do not revert until June 30, 2021; and directed grants are limited to nonsectarian, nonreligious purposes only. Sunsets these provisions on June 30, 2021.Development, Land Use and Housing, Building and Construction, Community and Economic Development, Environment, Environment/Natural Resources, Government, Budget/Appropriations, General Assembly, Public Safety and Emergency Management, State Agencies, Community Colleges System Office, Department of Environmental Quality (formerly DENR), Department of Public Safety, Office of State Budget and Management, Local Government
Summary date: Oct 22 2019 - View summary