Bill Summary for H 1087 (2019-2020)

Summary date: 

Jun 17 2020

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 1087 (Public) Filed Thursday, May 14, 2020
AN ACT TO IMPROVE VIABILITY OF THE WATER AND WASTEWATER SYSTEMS OF CERTAIN UNITS OF LOCAL GOVERNMENT BY REQUIRING LOCAL GOVERNMENT COMMISSION APPROVAL OF GRANT APPLICATIONS; TO REQUIRE CERTAIN WATER AND WASTEWATER SYSTEMS TO UNDERGO A REVIEW OF INFRASTRUCTURE MANAGEMENT, ORGANIZATIONAL MANAGEMENT, AND FINANCIAL MANAGEMENT; TO CREATE AND PROVIDE FUNDING FOR THE VIABLE UTILITY RESERVE TO PROVIDE GRANT MONEY FOR LOCAL GOVERNMENT UNITS; TO PROVIDE A STATUTORY PROCESS FOR MERGER AND DISSOLUTION OF WATER AND WASTEWATER SYSTEMS ESTABLISHED UNDER CHAPTER 162A OF THE GENERAL STATUTES; TO PROMOTE THE IMPORTANCE OF INTERLOCAL AGREEMENTS TO THE OPERATION OF WATER AND WASTEWATER SYSTEMS; TO STUDY SUBBASIN TRANSFERS AND HISTORICAL CHARTERS; TO REALLOCATE CERTAIN UNUSED FUNDS FROM THE PFAS RECOVERY FUND; TO PROVIDE FUNDS FOR THE SOUTHERN REGIONAL AREA HEALTH EDUCATION CENTER AND FOR WATER RESOURCES PROJECTS; AND TO INCORPORATE FLOOD STORAGE CAPACITY ENHANCEMENT PROJECTS INTO THE ACTIVITIES AND PURPOSES OF THE DIVISION OF MITIGATION SERVICES.
Intro. by Lambeth.

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Bill summary

Senate committee substitute makes the following changes to the 4th edition.

Part II

Makes organizational changes to the funding provisions.

Adds the following new content.

Directs for the funds appropriated to the Division of Water Infrastructure for the 2018-19 fiscal year by SL 2018-5 and deposited in the PFAS Recovery Fund to be transferred and reallocated in specified amounts to the following projects: (1) to the Compensatory Mitigation Fund to dissolve the conservation easement associated with the Little Alamance Creek stream restoration project held by the State, with additional needed funds provided by the Department of Environmental Quality (DEQ) from available DEQ funds; (2) to the Oil or Other Hazardous Substances Pollution Protection FUnd for DEQ to investigate and remediate petroleum product discharges into State waters that are ineligible for funding from programs addressing leaking underground storage tanks; (3) to provide a grant to MountainTrue for recreational water quality testing; and (4) to respond to contamination and other related water and wastewater infrastructure needs to the Towns of Maysville, Benson, Angier, and Kenansville. Effective June 30, 2020.

Part III

Appropriates from the Volkswagon Litigation Environmental Mitigation Fund (Fund) $30,681,886 to fund Phase I of the August 28, 2018, Beneficiary Mitigation Plan (Plan), consistent with the specified trust agreement established in the consent decree resolving the identified federal court case and in accordance with Section 13.2 of SL 2017-57, as amended. Requires allocation of the appropriated funds for diesel bus and vehicle replacements or upgrades and Level 2 and DC charging stations. Authorizes DEQ, as the designated lead agency under the trust agreement, to transfer and use up to $1,534,094 for administrative purposes in executing the Plan. Requires unencumbered funds at the end of the 2019-21 fiscal biennium to be returned to DEQ pursuant to the trust agreement.

Part IV

Directs DEQ to transfer, $12,283,657 in nonrecurring funds from the cash balance of the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund, and the Department of Commerce to transfer $12,283,657 in nonrecurring funds from the cash balance of the Film and Entertainment Grant Fund, to the Division of Water Resources by August 15, 2020. Appropriates the transferred funds to the Division of Water Resource to be allocated, along with funds carried forward from previous years, in specified amounts for 15 identified projects for 2020-21 totaling $28,410,270 as State matching funds for an estimated $82,396,979 in federal funds. States legislative intent to use funds carried forward from previous years to supplement the funds appropriated. Provides a schedule of specified amounts carried forward for use in 14 specified projects, totaling $12,857,035. Provides for flexibility in funding in the event of actual costs varying from estimates, or delays in project commencement. Restricts use of funds to no more than 50% of the nonfederal portion of funds for projects in which a local government participates, applicable to funds appropriated by this act and funds appropriated prior to the current fiscal biennium proposed for reallocation to such projects.

Makes conforming organizational changes. Changes the act's long title.

Requires DEQ to submit semiannual reports on the use of funds to the specified NCGA committee and division, and the Office of State Budget and Management (OSBM) with specified content.

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