North Carolina § 143-215 - 73M. Coastal Storm Damage Mitigation Fund.

§ 143-215. 73M. Coastal Storm Damage Mitigation Fund.

Fund Established. - The Coastal Storm Damage Mitigation Fund is established as a special revenue fund. The Fund consists of General Fund appropriations, gifts, grants, devises, monies contributed by a non-State entity for a particular beach nourishment or damage mitigation project or group of projects, and any other revenues specifically allocated to the Fund by an act of the General Assembly. Uses of the Fund. - Revenue credited to the Fund may only be used for costs associated with beach nourishment, artificial dunes, and other projects to mitigate or remediate coastal storm damage to the ocean beaches and dune systems of the State. Conditions on Funding. - Any project funded by revenue from the Fund must be cost-shared with non-State dollars on a basis of at least one non-State dollar for every one dollar from the Fund. Return of Non-State Entity Funds. - Non-State entities that contribute to the Fund for a particular project or group of projects may make a written request to the Secretary that the contribution be returned if the contribution has not been spent or encumbered within two years of receipt of the contribution by the Fund. If the written request is made prior to the funds being spent or encumbered, the Secretary shall return the funds to the entity within 30 days after the later of (i) receiving the request or (ii) the expiration of the two-year period described by this subsection. Report. - The Department shall report annually no later than October 1 regarding projects funded under this section to the Fiscal Research Division and the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources. The report shall include project type, project location, brief project description, entity receiving the funding, and amount of funding provided. History (2017-209, s. 6; 2018-5, s. 13.10(b).) Editor's Note. - Session Laws 2017-209, s. 6, effective October 4, 2017, made this part effective October 4, 2017. Session Laws 2017-209, s. 21(a), is a severability clause. Session Laws 2018-138, s. 1.3(8), provides: "Eighteen million five hundred thousand dollars ($18,500,000) to the Department of Environmental Quality for the Coastal Storm Damage Mitigation Fund. Notwithstanding G.S. 143-215.73 M(c), funds allocated by this subdivision may be used to provide no more than fifty percent (50%) of the nonfederal share for a federally funded eligible project, and no more than fifty percent (50%) of the total cost of an eligible project that is not federally funded. For purposes of this subdivision, an 'eligible project' is a project that mitigates or remediates coastal storm damage to the ocean beaches and dune systems of the State." Effect of Amendments. - Session Laws 2018-5, s. 13.10(b), effective July 1, 2018, added subsection (e). PART 9. NONPOINT SOURCE POLLUTION CONTROL PROGRAM.