North Carolina § 166A-19 - 42. State Emergency Response and Disaster Relief Fund.

§ 166A-19. 42. State Emergency Response and Disaster Relief Fund.

Account Established. - There is established a State Emergency Response and Disaster Relief Fund as a reserve in the General Fund. Any funds appropriated to the Fund shall remain available for expenditure as provided by this section, unless directed otherwise by the General Assembly. Use of Funds. - The Governor may spend funds from the Fund for the following purposes: To cover the start-up costs of State Emergency Response Team operations for an emergency that poses an imminent threat of a Type I, Type II, or Type III disaster. To cover the cost of first responders to a Type I, Type II, or Type III disaster and any related supplies and equipment needed by first responders that are not provided for under subdivision (1) of this subsection. To provide relief and assistance in accordance with G.S. 166A-19.41 from the effects of an emergency. Reporting Requirement. - The Governor shall report to the Joint Legislative Commission on Governmental Operations and to the Chairs of the Appropriations Committees of the Senate and House of Representatives on any expenditures from the State Emergency Response and Disaster Relief Fund no later than 30 days after making the expenditure. The report shall include a description of the emergency and type of action taken. History (2006-66, s. 6.5(b); 2012-12, s. 1(b); 2015-241, s. 6.19(b).) Editor's Note. - This section was formerly codified as G.S. 166A-6.02. It was recodified as G.S. 166A-19.42 by Session Laws 2012-12, s. 1(b), effective October 1, 2012. Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.6, is a severability clause. Session Laws 2018-134, 3rd Ex. Sess., s. 1.1, provides: "This act shall be known as 'The Hurricane Florence Emergency Response Act.'" Session Laws 2018-134, 3rd Ex. Sess., s. 4.1, provides: "Notwithstanding G.S. 143C-4-2 , the State Controller shall transfer the sum of fifty-six million five hundred thousand dollars ($56,500,000) for the 2018-2019 fiscal year from the Savings Reserve in the General Fund to the Hurricane Florence Disaster Recovery Fund and these funds are appropriated within the Fund and shall be allocated as follows: "(1) Six million five hundred thousand dollars ($6,500,000) to the Department of Public Instruction to supplement or replace lost compensation of school lunch employees due to school closures resulting from Hurricane Florence. "(2) Fifty million dollars ($50,000,000) for the following purposes related to Hurricane Florence: "a. To provide the State match for federal disaster assistance programs. "b. To pay for the costs and the relief and assistance authorized by G.S. 166A-19.42(b). This sub-subdivision applies to the North Carolina counties that are or become designated under a major disaster declaration by the President of the United States under the Stafford Act (P.L. 93-288) as a result of Hurricane Florence." Session Laws 2018-134, 3rd Ex. Sess., s. 5.1, provides: "It is the intent of the General Assembly that, during this time of rebuilding and relief efforts, each State agency should strive to acquire goods and services from historically underutilized business vendors, whether directly as principal contractors or indirectly as subcontractors or otherwise." Session Laws 2018-138, s. 1.5, provides: "Notwithstanding Section 4.1 of S.L. 2018-134 [3rd Ex. Sess.] and Section 4.1 of S.L. 2018-136 [3rd Ex. Sess.], of the funds appropriated in the Hurricane Florence Disaster Recovery Fund to the Department of Public Safety for state match for federal disaster assistance the following may be used as follows: "(1) Up to twenty million dollars ($20,000,000) may be made available by the Office of Recovery and Resiliency in the Department of Public Safety (Office) to provide loans to local governments in counties designated under a major disaster declaration by the President of the United States under the Stafford Act (P.L. 93-288) as a result of Hurricane Florence to assist with cash flow management while the local governments await federal reimbursement. The Office shall enter into agreements with local governments to ensure the proper use of the funds and the return of the funds to the State once the local governments have received federal reimbursement. The Office shall operate the program on a revolving loan fund basis to assist the maximum number of local governments possible. Funds returned to the State shall be deposited in the Hurricane Florence Disaster Recovery Fund created in S.L. 2018-136. "(2) Five million dollars ($5,000,000) to the Back@Home North Carolina in the Department of Health and Human Services, a time-limited program, to prevent homelessness and create stability and long-term self-sufficiency for individuals displaced by Hurricane Florence." Effect of Amendments. - Session Laws 2015-241, s. 6.19(b), effective July 1, 2015, substituted "State Emergency Response and Disaster Relief Fund" for "State Emergency Response Account" in the section heading and in subsections (a) and (c); substituted "Fund" for "Account" two times; added subdivision (b)(3); and deleted the last paragraph of (b), which read: "All other types of emergency assistance authorized by this Part shall continue to be financed by the funds made available under G.S. 166A-19.41."