DISASTER RELIEF AND MITIGATION ACT OF 2021.

View NCGA Bill Details2021
House Bill 500 (Public) Filed Thursday, April 8, 2021
AN ACT TO ENACT THE DISASTER RELIEF AND MITIGATION ACT OF 2021 AND TO APPROPRIATE FUNDS.
Intro. by Bell, B. Jones, McElraft, Miller.

Status: Re-ref Com On Appropriations (House action) (Jun 1 2021)

SOG comments (1):

Long title change

House committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO ENACT THE DISASTER RELIEF AND MITIGATION ACT OF 2021.

 

H 500

Bill Summaries:

  • Summary date: Jun 1 2021 - More information

    House committee substitute makes the following changes to the 1st edition.

    Organizes the bill into Parts. Adds new content and modifies previous content as follows.

    Part I.

    Section 1.1

    Organizes GS 143B-1040, which creates the Office of Recovery and Resiliency, into new Part 5A of Article 13, GS Chapter 143B. Makes changes to refer to the NC Office of Recovery and Resiliency (NCORR) rather than the Office of Recovery and Resiliency (Office). Expands the responsibilities of NCORR to include: (1) bringing resilience expertise to disaster recovery and hazard mitigation programs administered by the Department of Public Safety (DPS); (2) serving as the State's lead agency for the coordination of resilience efforts across State agencies, the UNC System, and other stakeholders to maximize efficient planning, design, and implementation of activities that improve recovery and resilience; (3) providing support and technical assistance to build the capacity of State agencies, local governments, nonprofits, and business in the State to initiate resiliency planning, identify and prioritize resilient projects and practices, implement resiliency strategies, and evaluate program effectiveness; (4) administering funds provided by the Community Development Block Grant Disaster Recovery program (no longer limited to funds provided by the program specifically for Hurricanes Florence and Matthew only); (5) developing and administering a grant program for financially distressed local governments to assist with recovery and resiliency capacity; and (6) providing technical assistance to local governments. Removes the three-year time limit of the positions covered by the grant program for financially distressed local governments. Explicitly requires that all Community Development Block Grant Disaster Recovery awards received by the State in response to any federally declared disaster must be administered by NCORR [was. limited to awards received in response to specified declarations and executive orders described in Section 3.1 of SL 2016-124 (with respect to Hurricane Matthew, wildfires in the western part of the State, Tropical Storm Julia, or Tropical Storm Hermine) as well as subsequent federally declared disasters]. Adds new authority for funds appropriated to NCORR to be used to locate employees in key regions or to foster partnerships with councils of government in order to address capacity gaps and aid local governments to access federal funds and recovery projects and activities. Makes organizational and conforming changes.

    Amends Section 5.7 of SL 2018-136, as amended, to remove the three-year time limit of the new positions NCORR can create, and instead conditions the creation of new positions upon the availability of State and federal funds. Makes changes to refer to NCORR rather than the Office.

    Moves previous Section 3(b) of the act to Section 1.1, directing NCORR to establish an intergovernmental working group. Specifically adds representatives of relevant State agencies to the working group's composition. Expands the charge of the working group to now include identifying legislative, economic, jurisdictional, and other challenges related to stream management and flooding reduction (was, limited to identifying jurisdictional challenges only). Updates the NCGA committee name to which the working group must report, a conforming change to reflect the Committee's name change, as amended by the act. Specifies that the working group terminates at the earlier of either submitting its recommendations or by February 1, 2022.

    Makes conforming changes to eliminate proposed GS GS 143B-1001, establishing the Office of Recovery and Resiliency, as provided in previous Section 3(a). 

    Section 1.2

    Replaces the appropriations to NCORR provided in previous Section 3(c) as follows. Appropriates $1,179,107 from the General Fund to NCORR for each year of 2021-23 to support up to 10 full-time equivalent positions to carry out resiliency programming; leading and coordinating resilience efforts across State agencies, as well as federal, regional and local governments, universities and other stakeholders; and providing expertise and technical support to communities with resiliency planning and projects to protect communities from flooding and other natural disasters (previously appropriated $524,363 in recurring funds for 2021-22 and $594,363 in recurring funds for 2022-23 to support up to five full-time equivalent positions to provide technical support to communities with resiliency planning and projects).

    Section 1.3

    Appropriates from the General Fund to NCORR $380,763 in recurring funds for each year of 2021-23, and $10.1 million in nonrecurring funds for 2021-22, to support the NC Resilient Communities Program, as described, to be used for five enumerated purposes, including (1) creating up to three permanent full-time staff positions for the Program, and (2) providing support for local communities and regional organizations to plan for natural hazards. Allows for the appropriated funds to be used to locate NCORR staff to key regions, foster partnerships with councils of government, and to aid local governments to access federal funds for resiliency and recovery projects and activities. Requires the nonrecurring funds not expended or encumbered by June 30, 2022, to remain available to implement the Section.

    Section 1.4

    Revises the content of previous Section 4, regarding the allocation of Mitigation Program funds to NCORR to develop Flood Resilience Blueprints for major watersheds impacted by flooding. Now provides as follows. Appropriates $20 million from the General Fund to NCORR for 2021-22 to be used to develop a statewide Flood Resilience Blueprint for major watersheds impacted by flooding, with unexpended funds remaining available to implement the Section. Maintains the previously described purposes for the blueprints, directives for NCORR with regard to the blueprints, and the required content and form of the blueprints. Maintains the reporting deadline of July 1, 2022.

    Section 1.5

    Moves the content of previous Section 9 to Section 1.5, regarding appropriations to NCORR for identified Neuse River mitigation activities. Adds the following. Allows the appropriated funds to be used to create up to three permanent full-time positions to staff the identified activities, and provides for unexpended funds to remain available to implement the Section. Directs NCORR to oversee and administer the projects listed and to consult and coordinate with the appropriate local governments, federal entities, and others, as necessary, to complete the projects. 

    Section 1.6

    Moves the content of previous Section 10 to Section 1.6, regarding appropriations to NCORR to identified Lumber River flood mitigation activities and other storm damage recovery efforts. Revises the identified activities and efforts to include allocations of $14 million for the Town of Boiling Spring Lakes dam repair project, and $5 million for the Town of Southport waterfront stabilization from storm damage. Adds the following. Allows the appropriated funds to be used to create up to three permanent full-time positions to staff the identified activities, and provides for unexpended funds to remain available to implement the Section. Directs NCORR to oversee and administer the projects listed and to consult and coordinate with the appropriate local governments, federal entities, and others, as necessary, to complete the projects. 

    Part II.

    Section 2.1

    Amends GS 166A-2.1, adding the following to the responsibilities of the Division of Emergency Management (Division). Authorizes the Division to contract for services from (1) vendors specializing in housing, rehabilitation, and construction on private residential structures funded by state or federal funds provided to the State as a result of a Presidential or gubernatorial disaster declaration, and (2) vendors specializing in housing elevation, acquisition, demolition, and mitigation reconstruction on private residential structures to implement the federal Hazard Mitigation Grant Program on behalf of the State or political subdivisions. Subjects the new authorizations to the public contracting restrictions and requirements set forth in Article 8 of GS Chapter 143.

    Section 2.2

    Moves the content of previous Section 1 to Section 2.2, establishing the Disaster Relief and Mitigation Fund (Fund). Now includes State agencies in the entities that can apply to the Division for grant funds from the Fund to be used for specified disaster relief and flood mitigation projects. Transfers any remaining State matching funds appropriated in specified sections of five identified session laws from the State Emergency Response and Disaster Relief Fund to the Fund to be used for the described grant program. Makes technical changes. 

    Section 2.3

    Moves the content of previous Section 2 to Section 2.3, establishing the Transportation Infrastructure Fund (Fund). Specifies that the funds can be used for activities consistent with the three previously specified activities and projects. Makes technical changes. 

    Section 2.4

    Moves the content of previous Section 7 to Section 2.4, appropriated funds to the Division to support NC 2-1-1 activities. Specifies that the appropriations are for 2021-22.

    Part III.

    Section 3.1

    Moves the content of previous Section 5 to Section 3.1, appropriating funds to the Department of Natural and Cultural Resources (DNCR)'s Land and Water Fund and amending GS 143B-135.244 to include in the annual report by the Clean Water Management Trust Fund Board of Trustees, beginning in 2024, a review of all projects funded by the Clean Water Management Trust Fund over time pursuant to GS 143B-135.234(c)(12) and the extent to which each project reduced flooding during flooding events. Makes a technical change to the proposed changes to GS 143B-135.244.

    Part VI.

    Section 4.1

    Moves the content of previous Section 6 to Section 4.1, appropriating funds to the Department of Environmental Quality (DEQ) to staff the Resilient Coastal Communities Program and for coastal planning and management grants.

    Section 4.2

    Moves the content of previous Section 7.1, revising the content as follows. Now appropriates $30 million (was, $20 million) from the General Fund to DEQ for 2021-22 for allocation to the Coastal Storm Damage Mitigation Fund (Fund; correcting Fund name). Authorizes up to $2 million of the funds to be allocated to the NC Coastal Federation to provide grants for living shorelines, oyster reefs, and marsh restoration in order to protect other coastal communities in order to protect other coastal communities that are vulnerable to storm surge and tidal flooding. Specifies that any unexpended funds must remain available to implement the Section. 

    Section 4.3

    Moves the content of previous Section 8 to Section 4.3, appropriating funds to DEQ's Division of Mitigation Services and amending GS 143-214.11A. Specifies that any unexpended funds must remain available to implement the Section. 

    Eliminates previous Section 11, which proposed to reenact GS 105-130.34 and GS 105-151.12 (proposed to be recodified it as GS 105-153.11), and amending the tax credit allowed for real property donations by C corporations or individuals and pass-through entities set forth in each statute.

    Part V.

    Section 5.1

    Moves the content of previous Section 12, amending Section 3.9 of SL 2020-97, revising one of the authorized uses of unencumbered funds appropriated to the NC Forest Service under Section 4.1 of SL 2016-124 by the Department of Agriculture and Consumer Services.

    Part VI.

    Adds the following new content. Amends Article 12Q of GS Chapter 120, renaming the Joint Legislative Emergency Management Oversight Committee as the Joint Legislative Emergency Management, Disaster Recovery, and Resiliency Activities Oversight Committee (Committee). Changes the charge of the Committee to now include continually examining issues related to emergency management, disaster recovery, and resiliency activities in the State (was, to continually examine issues related to emergency management in order to make ongoing recommendations to the NCGA on ways to promote effective emergency preparedness, management, response, and recovery). Makes the previously authorized examination areas mandatory and revises the subject areas as follows. Now includes, among others unchanged by the act: (1) examining the extent to which the design, location, and construction of buildings help reduce or eliminate damages caused by natural disasters in the Committee's examination of whether the State building code sufficiently addresses issues related to commercial and residential construction in hurricane and flood prone areas; (2) hurricanes and other natural disaster preparedness, evacuation, response and recovery (was, hurricane preparedness, evacuation and response); and (3) flood mapping, prevention, mitigation, preparedness, and response (was, flood and natural disaster preparation and response). Now allows for the President Pro Tempore and the Speaker of the House to designate one or more cochairs (was, one cochair). Revises the qualifications of appointed members to include considering members who have knowledge and expertise relating to areas that are most often impacted by natural disasters and most frequently the focus of a declaration of a state of emergency (was, relating to areas most impacted by disasters and emergencies). 

    Part VII. 

    Section 7.1

    Maintains the act's effective date of July 1, 2021, unless otherwise provided. 

    Changes the act's long title. 


  • Summary date: Apr 9 2021 - More information

    Section 1

    Establishes the Disaster Relief and Mitigation Fund (Fund) in the Department of Public Safety (DPS), Division of Emergency Management (Division). Directs that appropriations to the Fund remain available unless otherwise legislatively directed.

    Directs the Division to administer a grant program that allows local governments and nonprofits to apply for funds for (1) flood mitigation efforts, (2) predevelopment assistance to provide small and underserved communities with technical assistance to identify and design shovel-ready projects related to disaster relief and flood mitigation, or (3) matching funds for federal grants or funding for projects related to disaster relief and flood mitigation. 

    Appropriates $20 million from the General Fund to the Fund for 2021-22 to be used as specified.

    Section 2

    Establishes the Transportation Infrastructure Resiliency Fund (Fund) in the Division. Directs that appropriations to the Fund remain available unless otherwise legislatively directed.

    Directs the Division to administer a grant program to ensure transportation resilience against natural disasters. Allows awards, in consultation with the Department of Transportation (DOT), to State agencies, local governments, and nonprofits. States three authorized uses: (1) projects that update and prepare transportation infrastructure for storms, mudslides, and flooding events; (2) risk assessments for critical infrastructure routes, building on existing and future reports; and (3) creation of community-informed flood risk and vulnerability assessments that identify resilience gaps and project opportunities for transportation routes in the state to maintain vital transportation following flooding events. 

    Appropriates $20 million for 2021-22 from the General Fund to the Fund.

    Section 3

    Enacts GS 143B-1001, establishing the Office of Recovery and Resiliency (Office) within the Division, with seven identified functions including executing multiyear recovery and resiliency projects and auditing, financing, complying with, and reporting on disaster recovery funds and program and construction management services. Allows Office funds to be used to locate Office employees in key regions or foster local government partnerships to address capacity gaps and aid local access to related federal funds.

    Directs the Office to establish an intergovernmental working group with representatives from the Department of Environmental Quality (DEQ), local governments, and other stakeholders to identify jurisdictional challenges related to stream management and flooding reduction. Requires the working group to make recommendations to the specified NCGA committee by February 1, 2022. 

    Appropriates $524,363 in recurring funds for 2021-22 and $594,363 in recurring funds for 2022-23 to the Office to support up to five full-time equivalent positions to provide technical support to communities with resiliency planning and projects.

    Section 4

    Allocates Mitigation Program funds to the Office to develop Flood Resilience Blueprints for major watersheds impacted by flooding to be used in a State flood planning process, riverine and stream management, and local government stormwater maintenance programs. Directs the Office to identify major watersheds affected by flooding and direct the funds toward activities which are central to the creation of actionable blueprints, as specified. Details blueprint content and form. Encourages the Office to examine examples from other states. Directs the Office to report by July 1, 2022, to the specified NCGA committees on implementation.

    Section 5

    Appropriates $20 million from the General Fund to the Department of Natural and Cultural Resources (DNCR)'s Land and Water Fund, and authorizes the Division of Land and Water Stewardship to use the funds to provide grants, subject to project scoring criteria it develops, to State agencies, local governments, and nonprofits for projects to protect and restore floodplains and wetlands for the purpose of storing water, reducing flooding, improving water quality, providing wildlife and aquatic habitat, and providing recreational opportunities (pursuant to GS 143B-135.234(c)(12)). 

    Amends GS 143B-135.244 to include in the annual report by the Clean Water Management Trust Fund Board of Trustees, beginning in 2024, a review of all projects funded by the Clean Water Management Trust Fund over time pursuant to GS 143B-135.234(c)(12) and the extent to which each project reduced flooding during flooding events. 

    Section 6

    Appropriates $1.3 million in recurring funds from the General Fund to DEQ for 2021-23 to create four additional permanent full-time positions to staff the Resilient Coastal Communities Program and for coastal planning and management grants.

    Section 7

    Appropriates $250,000 from the General Fund to the Division to support NC 2-1-1 activities. 

    Section 7.1

    Appropriates $20 million from the General Fund to DEQ for 2021-22 for allocation to the Coastal Storm Mitigation Fund.

    Section 8

    Appropriates $5 million from the General Fund to DEQ's Division of Mitigation Services for 2021-22 to create one or more pilot projects addressing chronic flooding in the Stoney Creek watershed as specified. Provides for the project to serve as the basis for expanding such projects to additional watersheds as provided.

    Appropriates $25 million from the General Fund to DEQ's Division of Mitigation Services for 2021-22 for allocation to the Natural Infrastructure Flood Mitigation program for flood reduction projects in three to six additional priority watersheds. 

    Amends GS 143-214.11A to require inclusion of specified information on flood storage projects funded under the statute in the Division of Mitigation Service's annual report required under GS 143-214.13.

    Section 9

    Appropriates $32 million to the Office for 2021-22 for Neuse River flood mitigation activities, to be allocated in specified amounts for four specified purposes. 

    Section 10

    Appropriates $36.5 million from the General Fund to the Office for 2021-22 for Lumber River flood mitigation activities, to be allocated in specified amounts for four specified purposes. 

    Section 11

    Reenacts GS 105-130.34 as it existed immediately before its expiration; reenacts GS 105-151.12 as it existed immediately before its expiration and recodifies it as GS 105-153.11. Amends the tax credit allowed for real property donations by C corporations or individuals and pass-through entities set forth in GS 105-130.34 and GS 105-153.11 as follows. Current law allows for a tax credit in the amount of 25% of the donated property interest that is useful for public beach access or use, public access to public waters or trails, fish and wildlife conservation, forestland or farmland conservation, watershed protection, conservation of natural areas, conservation of natural or scenic river areas, conservation of predominantly natural parkland, or historic landscape conservation. Amends both statutes to enact identical provisions to instead allow for a tax credit in the amount of 25% of the donated property interest that is useful for (1) farmland preservation; (2) as a buffer to limit land use activities that would restrict, impede, or interfere with military training, testing, or operations on a military installation or training area or otherwise be incompatible with the mission of the installation; (3) fish and wildlife conservation; or (4) floodplain protection in a county that was the subject of a Type II or Type III gubernatorial disaster declaration as a result of a natural disaster in the five years preceding the donation. No longer requires certification by the Department of Environmental Quality and instead requires certification by the Department of Natural and Cultural Resources that the property is suitable for one or more of the valid public benefits specified to support a credit claimed. Makes clarifying changes.

    Further amends GS 105-153.11, concerning the credit for real property donations by an individual or pass-through entity, to bar eligibility for any portion of a qualifying donation that is a basis for the credit allowed under the statute from deduction as a charitable donation under GS 105-130.9. Eliminates an outdated provision for the donation of marshland. 

    Effective for taxable years beginning on or after January 1, 2021.

    Section 12

    Amends Section 3.9 of SL 2020-97, revising one of the authorized uses of unencumbered funds appropriated to the NC Forest Service under Section 4.1 of SL 2016-124 by the Department of Agriculture and Consumer Services pursuant to the uses set forth in SL 2020-97 and Section 12.9 of SL 2017-57 to allow the Department to use the funds for the construction authorization and partial construction of a Region One headquarters and training facility for the Forest Services, including an office building with classrooms, an equipment maintenance facility, and multi-bay equipment shelters (previously provided for use for the purchase and renovation of an existing facility for use as a regional headquarters and training facility for the Forest Service). Effective on the date the act becomes law.

    Section 13

    Makes the act effective July 1, 2021, unless otherwise provided. 


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