2020 COVID RELIEF BILL MODIFICATIONS.

View NCGA Bill Details2021
Senate Bill 36 (Public) Filed Monday, February 1, 2021
AN ACT TO MAKE CERTAIN MODIFICATIONS TO 2020 COVID-19 RELIEF LEGISLATION.
Intro. by B. Jackson, Harrington, Hise.

Status: Ch. SL 2021-1 (Feb 10 2021)

SOG comments (1):

Identical bill

Identical to H42, filed 2/1/21.

S 36/S.L. 2021-1

Bill Summaries:

  • Summary date: Feb 10 2021 - More information

    AN ACT TO MAKE CERTAIN MODIFICATIONS TO 2020 COVID-19 RELIEF LEGISLATION. SL 2021-1. Enacted Feb. 10, 2021. Effective Feb. 10, 2021, except as otherwise provided.


  • Summary date: Feb 3 2021 - More information

    Senate amendment amends the 1st edition as follows.

    Section 3.3

    Modifies the proposed changes to Section 1.7 of SL 2020-4, as amended, to require the NC Pandemic Recovery Office (NCPRO) to include in its March 1, 2021, report the number of full-time equivalent positions established by State agencies with funds allocated from the Coronavirus Relief Fund (Fund) (previously, did not clarify establishment by State agencies). Changes the date of the monthly reporting requirement of NCPRO to the specified NCGA committee and division on allocations from the fund not fully expended as of December 30, 2020, to begin reporting on April 10, 2021, rather than April 1, 2021. 

    Section 5

    Regarding the appropriation of and authorization to use funds received from federal grants authorized under the federal Consolidated Appropriations Act, 2021, for COVID-19 Vaccine Preparedness, for Elementary and Secondary School Emergency Relief Fund II, and for Emergency Rental Assistance, names the Office of Recovery and Resiliency, Department of Public Safety and the Office of State Budget and Management as the responsible agencies for the Emergency Rental Assistance program (was, the Office of Recovery and Resiliency only).


  • Summary date: Feb 1 2021 - More information

    Section 1

    Amends Section 4.12 of SL 2020-4 (2020 COVID-19 Recovery Relief Act), as enacted in Section 1.3 of SL 2020-97 (Coronavirus Relief Act 3.0), which establishes the $335 extra tax credit program for NC families with qualifying children. Eliminates the hard deadline of January 1, 2021, for the Department of Revenue (Department) to award grants to eligible individuals. Creates an extension for individuals to file an amended 2019 tax return satisfying the eligibility conditions by May 31, 2021, so long as the individual had filed a 2019 tax return and had not received an automatic grant award. Amends the eligibility criteria for the grant applicants who did not file a 2019 tax return to allow those qualifying grant applications to be postmarked by May 31, 2021, rather than October 15, 2020. Creates a separate application option for individuals who filed a 2019 tax return and who did not receive an automatic grant due to not reporting a qualifying child by October 15, 2020, and who does not wish to file an amended return, to postmark a grant application by May 31, 2021. Provides criteria for the Secretary of Revenue in accepting such applications that are not considered amended returns. 

    Section 2

    Repeals Section 1.9 of SL 2020-97, which authorizes the NC Pandemic Recovery Office (NCPRO) to reallocate Coronavirus Relief Funds appropriated by that act or other described acts if certain conditions apply, and establishes a weekly reporting requirement on reallocations of the Office of State Budget and Management (OSBM).

    Section 3.1-3.2

    Amends Section 2.2 of SL 2020-4, which establishes the Coronavirus Relief Fund (Fund), to modify permitted expenditures of funds from the Fund. Now deems expenditures incurred during the period of March 1, 2020, and ending on the deadline established by applicable federal law and guidance, eligible for funding from the Fund, rather than a hard deadline of December 30, 2020. Makes conforming changes throughout SL 2020-4 to no longer reference the December 30, 2020, deadline in the following provisions of Section 3.3 of SL 2020-4: (3) (continuity of state operations); (6) (emergency public school nutrition services); (12) (contracted services for public school health support personnel); (13) (supplemental summer learning programs); (18) (extended learning and integrated student supports competitive grant program); (32) (NC Association of Free and Charitable Clinics eligible health services); (34) (NC Community Health Center Association eligible health services); (39) (COVID-19 Rural Hospitals Relief Fund); (40) (COVID-19 Teaching Hospitals Relief Fund); (41) (COVID-19 General Hospitals Relief Fund); (63) (personal protective equipment for public schools); (68) grants to seven identified hospitals); (69) grants to eligible hospitals located in development tier two areas; (86) (scholarships for certain students with disabilities); (103a) (remote learning at the YMCA of the Triangle); (111) (Triangle Residential Options for Substance Abusers, Inc., expenses and losses); (112) (Nurse Family Partnership expenses); and (114e) (NC Health Care Facilities Association, NC Assisted Living Association, and NC Senior Living Association expenses).

    Amends Section 3.3 of SL 2020-4, as previously amended, which provides directives to OSBM to allocate specified appropriated amounts from the Fund for specified purposes. Makes the following modifications.

    Concerning funds allocated for the continuity of State operations, now requires OSBM to report to the specified NCGA committee by March 1, 2021, and quarterly thereafter until all of the funds are allocated, rather than one report by August 15, 2020, now also specifying amounts spent by year.

    Regarding the funds allocated to the Department of Public Instruction (DPI) for supplemental summer learning programs for certain students, no longer restricts the provisions to the 2019-20 school year specifically. Adds a second reporting requirement, now requiring the State Board of Education to report to the specified NCGA committee by February 15, 2022, on the use of funds for summer learning programs, in addition to its February 15, 2021, report.

    No longer restricts the provisions regarding the allocations to DPI for the Extended Learning and Integrated Student Supports Competitive Grant Program to the 2019-21 fiscal years, or service to students based on assessments by a specified date. Adds a second reporting requirement, now requiring DPI to report to the specified NCGA committee by February 15, 2022, in addition to its February 15, 2021, report.

    Adds to the reporting requirements for the NC Association of Free and Charitable Clinics (NCAFCC) regarding the allocation plan to member clinics and their uses of appropriated funds. Now requires a third report on April 1, 2021, and a quarterly report thereafter until all funds are expended, regarding allocation plans. Additionally, requires a report by February 1, 2022, on the use of the allocated funds by recipients. 

    Adds to the reporting requirements of the NC Community Health Center Association (NCCHCA) for funds appropriated to member health centers for eligible health services costs, to now require a third report on April 1, 2021, and quarterly thereafter until all funds are expended, regarding allocation plans. Additionally, requires a report by February 1, 2022, on the use of the allocated funds by recipients. 

    Adds to the reporting requirements of recipients of grants from the COVID-19 Rural Hospitals Relief Fund, the COVID-19 Teaching Hospitals Relief Fund, and the COVID-19 General Hospitals Relief Fund, now requiring a second report from recipients on expenditures in 2020 and 2021 by February 1, 2022, as specified.

    Eliminates the allocations of $9 million and $30 million to the Department of Information Technology (DIT) for the Growing Rural Economies with Access to Technology Fund. 

    No longer restricts the allocation to DPI for personal protective equipment for in-person instruction for the 2020-21 school year specifically. 

    Adds to the reporting requirements for the seven identified hospital grantees to require a second report on expenditures in 2020 and 2021 by February 1, 2022. 

    Adds to the reporting requirements for eligible hospital grantees located in development tier two designated counties, to require a second report on expenditures in 2020 and 2021 by February 1, 2022. 

    Expands the award of scholarship funds by the State Education Assistance Authority to certain students with disabilities to allow for disbursement for the spring semester (in addition to the fall semester) of the 2020-21 school year, according to the previously specified guidelines. 

    Adds to the reporting requirements of the NC Health Care Facilities Association, the NC Senior Living Association, and the NC Assisted Living Association, to require the Associations to submit a second and third report to the specified NCGA committee and division, by April 1, 2021, and February 1, 2022, respectively, on their use of allocated funds. 

    Section 3.3

    Amends Section 1.7 of SL 2020-4, as amended, as follows. Requires that the NCPRO, instead of OSBM, report to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division on the use of funds allocated from the Coronavirus Relief Fund (Fund). Changes the due date from April 1 to March 1, 2021. Requires that the report include, for each allocation from the Fund, the amounts disbursed, expended, and obligated as of December 30, 2020; the amount, if any, reallocated pursuant to Section 1.9 of S.L. 2020-97 (which allowed the NCPRO, in consultation with the Director of the Budget, to reallocate Coronavirus Relief Funds appropriated by the act or any of the specified acts under the four named conditions) as of December 30, 2020, as well as where the funds were reallocated from, the amount the original allocation was reduced by, the activity or activities the funds were reallocated to, and the amount the activity or activities were increased by; the amount remaining to be spent as of December 30, 2020; the number of full-time equivalent (FTE) established with funds allocated from the Fund, along with specified information about each FTE; and a brief description as to how each allocation was used. Adds the requirement that the NCPRO report monthly, beginning April 1, 2021, to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division on allocations from the Fund that were not fully expended by December 30, 2020. Requires a final report no later than 30 days after the final expenditure of funds. Requires that reports from State agencies and departments receiving federal grant funds under Section 4.1 of SL 2020-4 to now be submitted quarterly, beginning April 1, 2021. Instead of the previously required items, requires the quarterly reports to detail the use of the funds. Specifies that the quarterly reports end with the submission of the final report, which must be no later than 90 days from the date the grant period ends for the relevant funds.

    Section 3.4

    Amends Section 4.2C(f) of SL 2020-4 , as enacted by Section 1.1(e) of SL 2020-80, by amending the report due from Caitlyn’s Courage on the effectiveness of the domestic violence prevention pilot programs to now require an interim report by April 1, 2021, and a final report by April 1, 2022 (was, one report due on April 1, 2021).

    Section 3.5

    Amends Section 4.3 of SL 2020-4 by extending the authorization of the existence of the NCPRO until December 31, 2021. Adds the requirement that the NCPRO report to the specified NCGA commission and division beginning March 1, 2021, until the date the NCPRO ceases to operate. Requires that the report include: (1) for each month since March 1, 2020, the number of staff hired to support the NCPRO’s duties and responsibilities, including specified information on each position; (2) for each month since March 1, 2020, an accounting of non-personnel expenditures; (3) a description of NCPRO’s activities during the 2020 calendar year; and (4) a description of NCPRO’s activities related to the Fund that remain to be completed in the 2021 calendar year. States the NCGA’s finding that the need for a fully staffed NCPRO declines as funds from the Fund are expended and reports are submitted to the federal government; requires NCPRO to reduce its level of staffing accordingly.

    Section 3.6

    Amends Section 4.15(f) of SL 2020-4, as enacted by Section 1.3 of SL 2020-97, concerning the use of funds to study issues arising from the pandemic on transportation and produce diversification within the dairy industry, by removing the specification that nothing in (f) is to be construed as allowing the expenditure of funds from the Fund past December 30, 2020.

    Section 3.7

    Amends Section 8 of SL 2020-64 by increasing the amount to be transferred from the Coronavirus Relief Reserve to the Fund to $684.4 million (was, $645.4 million). Makes conforming changes to the amounts appropriated from the Fund and to the Statewide Reserve for Appropriations (Reserve); also changes the date by which the Reserve must have a $0 balance from December 30, 2020, to June 30, 2021.

    Section 3.8

    Amends Section 3.1 of SL 2020-4, as amended, by decreasing the amount that is to be transferred from the Reserve to the fund for the 2019-20 fiscal year to $2,324,390,646 (was, $2,363,390,646). Amends Section 3.2 of SL 2020-4, as amended, by reducing the amount of funds appropriated from the Fund to OSBM for the 2019-20 fiscal year that was to be used as provided for the 46 specified allocations in Section 3.3 of the act to $2,624,390,646 (was, $2,663,390,646).

    Section 3.9

    Amends Section 4(b) of SL 2020-27 by no longer limiting the appropriation of funds from the Fund to OSBM for the Department of Public Instruction to fund an increase in average daily membership to the 2020-21 fiscal year and adds that the funds are to be available until the deadline established by applicable federal law and guidance.

    Section 3.10

    Amends Section 8(b) of SL 2020-27 by no longer limiting the appropriation of funds from the Fund to OSBM for the Southern Regional Area Health Education Center to the 2020-21 fiscal year and adds that the funds are to be available until the deadline established by applicable federal law and guidance.

    Section 3.11

    Amends Section 4.2D(d) of SL 2020-4, as enacted by SL 1.1(e) of SL 2020-80, by expanding the list of NCGA committees to whom the Office of Science, Technology, and Innovation must report on the pilot program 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.

    Section 3.12

    Amends Section 1.7(b) of SL 2020-97 by changing the expiration of the provision allowing State departments, institutions, and agencies subject to Article 3 of GS Chapter 143 to obtain in the open market necessary supplies, materials, equipment, printing, or services to address the COVID-19 pandemic without authorization or approval of the Secretary of Administration, until December 31, 2021 (was, set to expire on December 30, 2020).

    Section 4.1

    Transfers $39 million from the General Fund to the State Capital and Infrastructure Fund for 2020-21. Appropriates those same funds to the Growing Rural Economies with Access to Technology Fund for 2020-21. Requires that $30 million of the funds be distributed using the special supplementary grant process established in SL 2020-4, with the remaining amount used to fund supplementary project grants previously awarded.

    Section 4.2

    Amends Section 4.17 of SL 2020-4, as enacted by Section 1.3 of SL 2020-97, as follows. Makes changes to account for funds made available to the program in Section 4.1 above. Deletes the existing timeline for distributing grants under the Growing Rural Economies with Access to Technology grant program (grant program) and now requires that awards be issued beginning no later than March 1, 2021. Amends the guidelines for awarding and administering grants by removing the requirement that recipients provide matching funds. Adds that the Office of Broadband Infrastructure may limit the number of grant recipients receiving funds appropriated in the act that are also eligible to receive the supplemental grant award authorized in Section 3.14(d) of SL 2020-97. Also amends Section 3.14(d) by adding that a project may receive a single supplementary grant award.

    Section 5

    Provides that the funds received from federal grants authorized under the federal Consolidated Appropriations Act, 2021, for COVID-19 Vaccine Preparedness, for Elementary and Secondary School Emergency Relief Fund II, and for Emergency Rental Assistance are appropriated in the amounts provided in the notification of award from the federal government or entity acting on the federal government’s behalf. Sets out estimates of the amounts of North Carolina's allocations from the Consolidated Appropriations for those programs. Allows the responsible agencies, with the Director of the Budget’s approval, to spend funds in the amounts received from the federal grants. Terminates positions created by the funds at the earlier of the funds being fully expended or the deadline established by applicable federal law and guidance.

    Requires that the use of federal grant funds received under this section be detailed in quarterly reports. Specifies the information to be included in those reports. The reporting requirements end upon submission of the final report from each entity receiving federal grant funds, which is to be no later than 90 days from the date the grant period ends for the relevant funds. Requires public schools to report to the Department of Public Instruction (DPI) beginning March 1, 2021; requires DPI to report to the specified NCGA commission and division beginning April 1, 2021. Requires state agencies and departments to report to the specified NCGA commission and division beginning April 1, 2021.

    Specifies that the appropriation of funds under this section does not obligate the State or create an ongoing obligation for future appropriations for programs or other purposes for which the funds are used.


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