CLARIFY EQIP FUNDING/DREDGING COST-SHARE. (NEW)

View NCGA Bill Details2021
House Bill 121 (Public) Filed Friday, February 19, 2021
AN ACT TO CLARIFY FUNDING OF CERTAIN WATER RESOURCES PROJECTS UNDER THE ENVIRONMENTAL QUALITY INCENTIVES PROGRAM, TO EXEMPT CERTAIN DREDGING PROJECTS FOR FERRY CHANNELS FROM SHALLOW DRAFT NAVIGATION CHANNEL DREDGING AND AQUATIC WEED FUND COST-SHARE REQUIREMENTS, AND TO EXTEND THE HATTERAS-OCRACOKE PASSENGER FERRY LEASE.
Intro. by K. Hall.

Status: Ch. SL 2021-108 (Aug 16 2021)

SOG comments (2):

Long title change

Senate committee substitute to the 2nd edition changed the long title. Original title was AN ACT TO CLARIFY FUNDING OF CERTAIN WATER RESOURCES PROJECTS UNDER THE ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.

Long title change

Senate committee substitute to the 3rd edition changed the long title. Previous long title was AN ACT TO CLARIFY FUNDING OF CERTAIN WATER RESOURCES PROJECTS UNDER THE ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.

Bill History:

H 121/S.L. 2021-108

Bill Summaries:

  • Summary date: Aug 16 2021 - More information

    AN ACT TO CLARIFY FUNDING OF CERTAIN WATER RESOURCES PROJECTS UNDER THE ENVIRONMENTAL QUALITY INCENTIVES PROGRAM, TO EXEMPT CERTAIN DREDGING PROJECTS FOR FERRY CHANNELS FROM SHALLOW DRAFT NAVIGATION CHANNEL DREDGING AND AQUATIC WEED FUND COST-SHARE REQUIREMENTS, AND TO EXTEND THE HATTERAS-OCRACOKE PASSENGER FERRY LEASE. SL 2021-108. Enacted Aug. 16, 2021. Effective Aug. 16, 2021.


  • Summary date: Aug 4 2021 - More information

    Senate committee substitute amends the 3rd edition as follows. 

    Amends new subsection (c1) of GS 143-215.73F, which governs the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund, to now exempt dredging projects located in a development tier one area (previously, did not include location criteria) for a ferry channel maintained by the North Carolina Department of Transportation (DOT) from the non-State funds cost-sharing requirements of the statute, now further specified by statutory subdivision.

    Amends Section 3 of SL 2021-33, extending the term of the lease for the operation of a passenger ferry vessel between Hatteras and Ocracoke by DOT, now requiring the term to end by September 12, 2021, rather than August 15, 2021. 

    Authorizes DOT to use up to $220,000 of the funds appropriated from the Highway Fund to DOT for 2021-22 to extend the passenger ferry lease authorized by SL 2021-33, as amended.

    Makes conforming changes to the act's long title.


  • Summary date: Jun 15 2021 - More information

    Senate committee substitute amends the 2nd edition as follows. 

    Enacts a new subsection to GS 143-215.73F, which governs the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund, to exempt dredging projects for a ferry channel maintained by the North Carolina Department of Transportation from the non-State funds cost sharing requirements of the statute. Makes conforming changes to the act's titles. 


  • Summary date: Mar 3 2021 - More information

    House committee substitute amends the 1st edition as follows. 

    Eliminates the proposed additional definitions and directives that apply to Environmental Quality Incentives Program (EQIP) projects, proposed to be excluded from the local match requirements of SL 2020-79, Section 11(f), except for specifying that a single project consists of all the landowners and other participants under a project design contract approved by the Natural Resource Conservation Service under the EQIP program along a contiguous stretch of stream. 


  • Summary date: Feb 19 2021 - More information

    Amends SL 2020-79, Section 11(f) as follows. Section 11(f) specifies that funds appropriated for a water resources development project are to be used to provide no more than 50% of the nonfederal portion of funds for the project (applicable to funds appropriated under the act and to funds appropriated prior to the 2019-21 fiscal biennium that are unencumbered and proposed for reallocation to provide the nonfederal portion of funds for water resources development projects). Adds that this limitation does not apply to, and there is no local match requirement for, the Environmental Quality Incentives Program (EQIP). Also excludes funds made available as part of EQIP in any fiscal year from the following: Section 36.3(e) of SL 2013-360; Section 36.2(e) of SL 2014-100; and Section 31.3(e) of SL 2015-241 (each limiting the use of funds appropriated for a water resources development project to no more than 50% of the nonfederal portion of funds for the project, applicable to funds appropriated in the act and to funds appropriated prior to the applicable biennium that are unencumbered and proposed for reallocation to provide the nonfederal portion of funds for water resources development projects). Specifies that for these purposes, a single project consists of all the landowners and other participants under a project design contract approved by the Natural Resource Conservation Service under the EQIP program along a contiguous stretch of stream. Considers an EQIP project to be funded when the applicant is working with a partner who has a project agreement or statement of work with the Natural Resources Conservation Service of the US Department of Agriculture (NRCS), the NRCS has approved the project agreement, and the local Soil and Water Conservation District Board has approved a resolution sponsoring the project. Requires any remaining balance of funds appropriated for EQIP projects to be paid out to each of the original grantees for the full grant award amount, but allows the Secretary to keep 10% of the State share until the NRCS has provided a final practice approval for the project. Requires exempting projects funded under the EQIP from local matching requirements; review under GS 143-215.72 (review of applications for grants for the nonfederal share of water resources development projects); or any additional review, guidelines, or reimbursement payment policies under the Water Resources Development Grant Program.


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