North Carolina § 143-215 - 72. Review of applications.

§ 143-215. 72. Review of applications.

The Secretary shall receive and review applications for the grants specified in this Part and approve, approve in part, or disapprove such applications. In reviewing each application, the Secretary shall consider: The economic, social, and environmental benefits to be provided by the projects; Regional benefits of projects to an area greater than the area under the jurisdiction of the local sponsoring entity; The financial resources of the local sponsoring entity; The environmental impact of the project; Any direct benefit to State-owned lands and properties. When the Secretary issues new or revised policies for review of grant applications and fund disbursement under this Part, those policies shall not apply to a project already approved for funding unless the project applicant agrees to the new or revised policy. For purposes of this section, a project is approved for funding when the Department enters into a contract or other binding agreement to provide any share of State funding for the project. Nothing in this subsection is intended to preclude the Secretary from issuing or enforcing policies applicable to projects approved for funding in order to comply with a requirement of State law or federal law or regulations. The following procedures apply only to grants for the purpose set forth in G.S. 143-215.71(8): A nongovernmental entity managing, administering, or executing the grant on behalf of a unit of local government may apply as a co-applicant for the grant and may be included as a responsible party on any required resolution issued by the unit of local government. Upon request signed by the grant applicant and co-applicant, the Department shall make periodic payments to the co-applicant for its share of nonfederal costs of a project prior to receipt of a final practice approval from the Natural Resources Conservation Service if the grantee has submitted a certified reimbursement request or invoice. The Department shall annually report no later than November 1 to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division regarding grants for projects funded through the Western Stream Initiative. The report shall include measures of grant administration and grant implementation efficiency and effectiveness. For purposes of this subdivision, the "Western Stream Initiative" refers to the portion of federal Environmental Quality Incentives Program funding provided to the Western North Carolina Stream Initiative for the counties of Alexander, Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell, Catawba, Cherokee, Clay, Cleveland, Graham, Haywood, Henderson, Iredell, Jackson, Lincoln, Macon, Madison, McDowell, Mitchell, Polk, Rutherford, Stokes, Surry, Swain, Transylvania, Watauga, Wilkes, Yadkin, and Yancey. History (1979, c. 1046, s. 1; 2017-57, s. 36.3(h); 2017-212, s. 4.10(b); 2020-18, s. 13(c).) Editor's Note. - Session Laws 2017-57, s. 36.3(i), made subsections (c) and (d), as added by Session Laws 2017-57, s. 36.3(h), effective July 1, 2017, and applicable to projects approved for funding on or after that date. Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.6, is a severability clause. Session Laws 2020-18, s. 13(a), (b), provides: "(a) The Department of Environmental Quality shall develop performance management procedures for projects funded as part of the Western Stream Initiative. These procedures shall include, at a minimum, the collection and reporting of the following measures for all projects receiving grant funding: "(1) Time to issue and act upon grant applications. "(2) Time to process requests for payment. "(3) Cost per grant administered. "(4) Number of applicants reviewed, approved, and denied. "(5) Number of grants administered. "(6) Total grant dollars administered. "(7) Total project cost for each project, including all funding sources, broken out into the following categories: "a. Permitting cost. "b. Site assessment, design, and engineering. "c. Management and engineering. "(8) Total linear feet of stream restored in each year. "(9) Cost per linear foot of restored stream. "(10) Reduction in sediment loading achieved. "(b) The Department of Natural and Cultural Resources shall provide to the Department of Environmental Quality all of the measures set forth in subsection (a) of this section that are relevant to funding for the Western Stream Initiative provided by the Clean Water Management Trust Fund." Session Laws 2020-18, s. 16(a), is a severability clause. Effect of Amendments. - Session Laws 2017-57, s. 36.3(h), added subsections (c) and (d). For effective date and applicability, see Editor's note. Session Laws 2017-212, s. 4.10(b), effective October 8, 2017, rewrote subdivision (d)(2). Session Laws 2020-18, s. 13(c), effective June 12, 2020, added subdivision (d)(3).