Bill Summary for S 429 (2019-2020)

Summary date: 

Sep 10 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 429 (Public) Filed Thursday, March 28, 2019
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.
Intro. by Newton.

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Bill summary

House committee substitute deletes all provisions of the 1st edition and instead provides the following.

Changes the act's titles.

Part I.

Directs the transfer of $94,103,000 in nonrecurring funds for the 2019-20 fiscal year from the Hurricane Florence Disaster Recovery Reserve to the Hurricane Florence Disaster Recovery Fund (Fund), to be allocated as provided in Part II.

Requires that the $17 million received by the Department of Agriculture and Consumer Services (DACS) as reimbursement for specified composting programs necessitated by Hurricane Florence must revert to the Fund and be appropriated for the 2019-20 fiscal year and allocated as provided in Part II.

Directs that $1.5 million of the funds allocated to the NC Community College System Office for repair and renovation of local facilities damaged by Hurricane Florence be reallocated to offset the full time equivalent losses at affected community colleges due to enrollment declines caused by Hurricane Florence.

Directs the transfer of $5 million from the Hurricane Florence Disaster Recovery Reserve to the State Emergency Response and Disaster Relief Fund, to be appropriated to be used to ensure sufficient funds are available for relief and assistance for future emergencies, not including Hurricanes Florence and Michael. Specifies that the provisions limiting the scope of the act do not apply to this directive.

Deems departmental receipts appropriated for the 2019-20 fiscal year as provided.

Part II.

Allocates the funds appropriated and reallocated in the Fund in Part I in specified amounts to the following entities for the purposes specified: the NC Community College System Office; the Office of State Budget and Management (OSBM); the Department of Environmental Quality (DEQ); the Department of Public Safety (DPS), Office of Recovery and Resiliency; the Department of Natural and Cultural Resources; DPS, Division of Emergency Management; the UNC Board of Governors; DACS; and the Wildlife Resources Commission. Details parameters regarding the use of the funds.

Part III.

Sets forth requirements and limitations for nonrecurring funds appropriated by the act as directed grants, as defined, including reporting requirements. Specifies that directed grants to nonprofit organizations are for nonsectarian, nonreligious purposes only. Sunsets these provisions on June 30, 2021.

Specifies that the funds allocated to the Office of State Fire Marshal for financial assistance to volunteer fire departments is available to be used to repair damages not covered by insurance policy proceeds. 

Deems eligible for financial assistance set out in Section 5.11 of SL 2018-136 (Hurricane Florence Agricultural Disaster Program of 2018) persons who experienced a verifiable loss of agricultural commodities as a result of excessive rain and flooding that occurred during May 15, 2018, through December 31, 2018, whose farm is located in a county that received a Secretarial Disaster Declaration, as specified, between January 31, 2019, and February 15, 2019. Directs DACS to accept applications from eligible persons for no more than 10 consecutive business days, beginning on the date the Section becomes law. Sunsets these provisions on the date DACS has processed all applications validly received during the prescribed period.

Sets the following schedule for Coastal Area Management Act Emergency General Permits authorized in response to Hurricanes Florence and Michael and activated by the identified DEQ Secretary's statement: (1) all emergency general permits must be issued by October 12, 2019; and (2) all work authorized by the emergency general permits must be completed by October 12, 2020.

Part IV.

Defines the scope of the act to include counties designated under a major disaster declaration by the president as a result of Hurricane Florence.

Incorporates by reference specified provisions of SL 2018-134 (Hurricane Florence Emergency Response Act) and SL 2018-136 (2018 Hurricane Florence Disaster Recovery Act).

Part V.

Repeals Section 4.6 of HB 966 (2019 Disaster Recovery; Appropriations Act of 2019) if that act becomes law.

Provides that if any provision of this act and GS 143C-5-4 (enactment deadline; procedures to be followed when the Current Operations Appropriations Act does not become law prior to the end of certain fiscal years) are in conflict, the provisions of this act prevail. Provides that the appropriations and the authorizations to allocate and spend funds set out in this act remain in effect until the Current Operations Appropriations Act for the applicable fiscal year becomes law, at which time that act becomes effective and governs appropriations and expenditures. 

Part VI.

Effective July 1, 2019.

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