North Carolina § 159G-37 - Application to CWSRF, Wastewater Reserve, DWSRF, Drinking Water Reserve, and Viable Utility Reserve.

§ 159G-37. Application to CWSRF, Wastewater Reserve, DWSRF, Drinking Water Reserve, and Viable Utility Reserve.

Application. - An application for a loan or grant from the CWSRF, the Wastewater Reserve, the DWSRF, or the Drinking Water Reserve, or a grant from the Viable Utility Reserve, must be filed with the Division. An application must be submitted on a form prescribed by the Division and must contain the information required by the Division. An applicant must submit to the Division any additional information requested by the Division to enable the Division to make a determination on the application. An application that does not contain information required on the application or requested by the Division is incomplete and is not eligible for consideration. An applicant may submit an application in as many categories as it is eligible for consideration under this Article. Certification. - The Division shall require all local governments applying for loans or grants for water or wastewater purposes to certify that no funds received from water or wastewater utility operations have been transferred to the local government's general fund for the purpose of supplementing the resources of the general fund. The prohibition in this section shall not be interpreted to include payments made to the local government to reimburse the general fund for expenses paid from that fund that are reasonably allocable to the regular and ongoing operations of the utility, including, but not limited to, rent and shared facility costs, engineering and design work, plan review, and shared personnel costs. History (2005-454, s. 3; 2011-145, s. 13.3(kkk); 2013-360, s. 14.21(i); 2013-413, s. 57(u); 2014-100, s. 14.17; 2014-115, s. 17; 2020-79, s. 1(i).) Editor's Note. - This section above was amended by Session Laws 2013-360, s. 14.21(i), and Session Laws 2013-413, s. 57(u) in the coded bill drafting format provided by G.S. 120-20.1. The amendment by Session Laws 2013-413, s. 57(u) failed to incorporate the changes made by Session Laws 2013-360, s. 14.21(i). This section is set out in the form above at the direction of the Revisor of Statutes. Session Laws 2014-100, s. 14.16, provides: "The Department of Environment and Natural Resources, Division of Water Infrastructure, and the State Water Infrastructure Authority shall give priority to loan and grant applications received from any local government meeting all of the following criteria: "(1) The local government is located in a development tier one area. "(2) The application seeks funding for a project that is required to be completed due to an EPA administrative order. "(3) The application is deemed complete by the Division and meets the minimum requirements for the program from which it is seeking funding." Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year." Session Laws 2014-100, s. 38.7, is a severability clause. Effect of Amendments. - Session Laws 2011-145, s. 13.3(kkk), effective July 1, 2011, substituted "Division of Water Resources" for "Division of Environmental Health" in the second sentence. Session Laws 2013-360, s. 14.21(i), effective July 1, 2013, in the first sentence, substituted "CWSRF, the DWSRF, the Wastewater Reserve, or the Drinking Water Reserve" for "CWSRF or the Wastewater Reserve" and "Infrastructure" for "Quality of the Department. An application for a loan or grant from the DWSRF or the Drinking Water Reserve must be file with the Division of Water Resources." Session Laws 2013-413, s. 57(u), substituted "CWSRF, the Wastewater Reserve, the DWSRF, or the Drinking Water Reserve must be filed with the" for "CWSRF or the Wastewater Reserve must be filed with the Division of Water Quality of the Department. An application for a loan or grant from the DWSRF or the Drinking Water Reserve must be filed with the" in the first sentence. For effective date, see Editor's note. Session Laws 2014-100, s. 14.17, effective July 1, 2014, added the subsection (a) designation; in present subsection (a), added the subsection heading, in the first sentence, inserted "for a load or grant from the" and "of the Department," inserted "An application must" at the beginning of the present second sentence, and inserted "or" in the present next-to-last sentence; and added subsection (b). Session Laws 2020-79, s. 1(i), effective July 1, 2020, added "and Viable Utility Reserve" at the end of the section heading; substituted "Reserve, or a grant from the Viable Utility Reserve, must be filed with the Division" for "Reserve, must be filed with the Division of Water Infrastructure of the Department" in the first sentence of subsection (a); and deleted "of Water Infrastructure" following "The Division" in the first sentence of subsection (b).