GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2005

 

 

SESSION LAW 2006-78

HOUSE BILL 2129

 

 

AN ACT to establish the community conservation assistance program in the department of environment and natural resources, as recommended by the environmental review commission.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  Article 21 of Chapter 143 of the General Statutes is amended by adding a new Part to read:

"Part 11. Community Conservation Assistance Program.

"§ 143-215.74M. Community Conservation Assistance Program.

(a)       Program Established. - There is established the Community Conservation Assistance Program. The Program shall be implemented and supervised by the Soil and Water Conservation Commission.

(b)       Purposes. - The purpose of the Program shall be to reduce the input of nonpoint source pollution into the waters of the State. The Program shall be subject to the following requirements and limitations:

(1)       Subject to subdivision (5) of this subsection, priority designations for inclusion in the Program for State funding shall be established by the Soil and Water Conservation Commission. The Soil and Water Conservation Commission shall allocate the cost share and technical assistance funds under the Program.

(2)       Areas shall be included in the Program as the funds are appropriated and technical assistance becomes available from the local Soil and Water Conservation District.

(3)       Funding may be provided to assist community conservation practices approved by the Soil and Water Conservation Commission.

(4)       State funding shall be limited to seventy-five percent (75%) of the average cost for each practice with the assisted applicant providing twenty-five percent (25%) of the cost, which may include in-kind support of the practice, with a maximum of seventy-five thousand dollars ($75,000) per year to each applicant.

(5)       Priority designation for inclusion in the Program for State funding shall be given to projects that improve water quality. To be eligible for cost-share funds under this subdivision, a project shall be evaluated before funding is awarded and after the project is completed to determine the impact on water quality.

(6)       Participation in the Program shall be voluntary.

(c)       Availability of Funds. - State funds for the Program shall remain available until expended.

(d)       Advisory Committee. - The Program shall be reviewed, prior to implementation, by the Community Conservation Assistance Program Advisory Committee. The Advisory Committee shall meet quarterly to review the progress of the Program. The Advisory Committee shall consist of the following members:

(1)       The Director of the Division of Soil and Water Conservation or the Director's designee, who shall serve as the Chair of the Advisory Committee.

(2)       The President of the North Carolina Association of Soil and Water Conservation Districts or the President's designee.

(3)       The Director of the Cooperative Extension Service at North Carolina State University or the Director's designee.

(4)       The Executive Director of the North Carolina Association of County Commissioners or the Executive Director's designee.

(5)       The Executive Director of the North Carolina League of Municipalities or the Executive Director's designee.

(6)       The State Conservationist of the Natural Resources Conservation Service of the United States Department of Agriculture or the State Conservationist's designee.

(7)       The Executive Director of the Wildlife Resources Commission or the Executive Director's designee.

(8)       The President of the North Carolina Conservation District Employees Association or the President's designee.

(9)       The President of the North Carolina Association of Resource Conservation and Development Councils or the President's designee.

(10)     The Director of the Division of Water Quality or the Director's designee.

(11)     The Director of the Division of Forest Resources or the Director's designee.

(12)     The Director of the Division of Land Resources or the Director's designee.

(13)     The Director of the Division of Coastal Management or the Director's designee.

(14)     The Director of the Division of Water Resources or the Director's designee.

(15)     The President of the Carolinas Land Improvement Contractors Association or the President's designee.

(e)       Report. - The Soil and Water Conservation Commission shall report no later than 31 January of each year to the Environmental Review Commission and the Fiscal Research Division. The report shall include a summary of projects that received State funding pursuant to the Program, the results of the evaluation conducted pursuant to subdivision (5) of subsection (b) of this section, findings regarding the effectiveness of each project to accomplish its primary purpose, and any recommendations to assure that State funding is used in the most cost-effective manner and accomplishes the greatest improvement in water quality."

SECTION 2.  G.S. 14-234(d3) reads as rewritten:

"(d3)    Subsection (a) of this section does not apply to an application for or the receipt of a grant under the Agriculture Cost Share Program for Nonpoint Source Pollution Control created pursuant to G.S. 143-215.74 Part 9 of Article 21 of Chapter 143 of the General Statutes or the Community Conservation Assistance Program created pursuant to Part 11 of Article 21 of Chapter 143 of the General Statutes by a member of the Soil and Water Conservation Commission if the requirements of G.S. 139-4(e) are met, and does not apply to a district supervisor of a soil and water conservation district if the requirements of G.S. 139-8(b) are met."

SECTION 3.  G.S. 139-4(d) and (e) read as rewritten:

"(d)      In addition to the duties and powers hereinafter conferred upon the Soil and Water Conservation Commission, it shall have the following duties and powers:

…

(9)       To create, implement, and supervise the Agriculture Cost Share Program for Nonpoint Source Pollution Control pursuant to G.S. 143-215.74 created pursuant to Part 9 of Article 21 of Chapter 143 of the General Statutes and the Community Conservation Assistance Program created pursuant to Part 11 of Article 21 of Chapter 143 of the General Statutes.

(10)     To review and approve or disapprove the application of a district supervisor for a grant under the Agriculture Cost Share Program for Nonpoint Source Pollution Control or the Community Conservation Assistance Program as provided by G.S. 139-8(13).139-8(b).

….

(e)       A member of the Commission may apply for and receive a grant under the Agriculture Cost Share Program for Nonpoint Source Pollution Control and the Community Conservation Assistance Program if:

(1)       The member does not vote on the application or attempt to influence the outcome of any action on the application; and

(2)       The application is approved by the Secretary of Environment and Natural Resources."

SECTION 4.  G.S. 139-8(b) reads as rewritten:

"(b)      A district supervisor may apply for and receive a grant under the Agriculture Cost Share Program for Nonpoint Source Pollution Control created pursuant to Part 9 of Article 21 of Chapter 143 of the General Statutes or the Community Conservation Assistance Program created pursuant to Part 11 of Article 21 of Chapter 143 of the General Statutes if:

1.         The district supervisor does not vote on the application or attempt to influence the outcome of any action on the application; and

2.         The application is approved by the Commission."

SECTION 5.  The Community Conservation Assistance Program Advisory Committee shall review the Program prior to expenditure of any funds from the Program.  The Advisory Committee shall report on the findings of its Program review to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Chairs of the Appropriations Committees of the Senate and the House of Representatives, the Director of the Fiscal Research Division of the Legislative Services Office, and the Environmental Review Commission no later than 31 March 2007.

SECTION 6.  The first report required pursuant to G.S. 143-215.74M(e), as enacted by Section 1 of this act, is due on or before 31 January 2008.

SECTION 7.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 29th day of June, 2006.

 

 

                                                                    s/ Beverly E. Perdue

                                                                         President of the Senate

 

 

                                                                    s/ James B. Black

                                                                         Speaker of the House of Representatives

 

 

                                                                    s/ Michael F. Easley

                                                                         Governor

 

 

Approved 3:04 p.m. this 10th day of July, 2006