North Carolina § 143B-135 - 234. Clean Water Management Trust Fund.

§ 143B-135. 234. Clean Water Management Trust Fund.

Fund Established. - The Clean Water Management Trust Fund is established as a special revenue fund to be administered by the Department of Natural and Cultural Resources. The Clean Water Management Trust Fund shall also be known as the "Land and Water Fund." The Fund receives revenue from the following sources and may receive revenue from other sources: Annual appropriations. Special registration plates under G.S. 20-81.12. Other special registration plates under G.S. 20-79.7. Hazard mitigation funds from the Federal Emergency Management Agency and other agencies. Fund Earnings, Assets, and Balances. - The State Treasurer shall hold the Fund separate and apart from all other moneys, funds, and accounts. Any balance remaining in the Fund at the end of any fiscal year shall be carried forward in the Fund for the next succeeding fiscal year. Payments from the Fund shall be made on the warrant of the Chair of the Board of Trustees. Fund Purposes. - Moneys from the Fund are appropriated annually to finance projects to clean up or prevent surface water pollution and for land preservation in accordance with this Part. Revenue in the Fund may be used for any of the following purposes: To acquire land for riparian buffers for the purposes of providing environmental protection for surface waters and drinking water supplies and establishing a network of riparian greenways for environmental, educational, and recreational uses. To acquire conservation easements or other interests in real property for the purpose of protecting and conserving surface waters and enhancing drinking water supplies, including the development of water supply reservoirs. To coordinate with other public programs involved with lands adjoining water bodies to gain the most public benefit while protecting and improving water quality. To restore previously degraded lands to reestablish their ability to protect water quality. To facilitate planning that targets reductions in surface water pollution. To finance innovative efforts, including pilot projects, to improve stormwater management, to reduce pollutants entering the State's waterways, to improve water quality, and to research alternative solutions to the State's water quality problems. To prevent encroachment, provide buffers, and preserve natural habitats around military installations or military training areas, or for State matching funds of federal initiatives that provide funds to prevent encroachment, provide buffers, and preserve natural habitats around military installations or military training areas. To acquire land that represents the ecological diversity of North Carolina, including natural features such as riverine, montane, coastal, and geologic systems and other natural areas to ensure their preservation and conservation for recreational, scientific, educational, cultural, and aesthetic purposes. To acquire land that contributes to the development of a balanced State program of historic properties. , (11) Repealed by Session Laws 2015-241, s. 14.4, effective July 1, 2015. Repealed by Session Laws 2015-241, s. 14.4, effective July 1, 2015. (12) To protect and restore floodplains and wetlands for the purpose of storing water, reducing flooding, improving water quality, providing wildlife and aquatic habitat, and providing recreational opportunities. History (1996, 2nd Ex. Sess., c. 18, s. 27.6(a); 2001-424, s. 32.17; 2003-340, s. 1.3; 2004-179, s. 4.4; 2005-454, s. 5; 2007-549, s. 2; 2011-145, s. 13.26(b); 2011-374, s. 2.2; 2013-360, s. 14.3(d); 2014-100, ss. 14.13A(b), 14.21(b); 2015-241, ss. 14.4, 14.30(k1), (r1), (w); 2017-197, s. 4.12; 2019-32, s. 1(a); 2020-69, s. 5.1.) Clean Water Conservation. - Session Laws 2004-179, part 4, authorizes the issuance or incurrence of special indebtedness in the maximum principal amount provided in the part to be used to finance the cost of clean water projects. Session Laws 2004-179, s. 4.2, provides: "Identification of Clean Water Projects. - The specific clean water projects for which the special indebtedness may be used are to be identified by the Clean Water Management Trust Fund Board of Trustees as provided in G.S. 113A-256(j), but are limited to the following projects: "(1) Acquisition by conservation easement or fee simple up to 17,000 acres near North Carolina military bases in order to prevent encroachment by incompatible development. "(2) Acquisition of up to 6,000 acres to expand an existing State park, provide gamelands to help protect North Carolina rivers, and provide two new State parks along North Carolina rivers; and capital improvements to an existing State park as part of its expansion." Clean Water Management Trust Fund. - Session Laws 2004-179, ss. 8.1 and 8.2, provide: "8.1 It is the intent of the General Assembly that the proceeds of special indebtedness issued under parts 2 through 4 of this act shall be applied for the purposes provided in those parts, including the acquisition by conservation easement, or otherwise, of land near military bases to prevent encroachment. This acquisition shall be a high priority because of its vital importance to the State of North Carolina. "8.2 None of the proceeds of special indebtedness authorized by parts 2 through 4 of this act may be used to acquire any property by eminent domain." Session Laws 2012-142, s. 12.7(a), (b), provides: "(a) Notwithstanding the provisions of G.S. 113A-253(d), up to three million dollars ($3,000,000) may be used for the 2012-2013 fiscal year for the costs of administering the Clean Water Management Trust Fund, including costs to support the Board of Trustees of the Clean Water Management Trust Fund and its staff, the operating costs of the Board of Trustees of the Clean Water Management Trust Fund and its staff, and the costs of making debt payments to retire debt as provided under G.S. 113A-253(c). "(b) The Board of Trustees of the Fund shall give priority consideration to any Clean Water Management Trust Fund application requesting State matching funds for infrastructure programs and for the Readiness and Environmental Protection Initiative or any other United States Department of Defense program that provides for military buffers and protects the overall military training mission." Session Laws 2013-360, s. 14.3(a), provides: "All staff that are supported by the Clean Water Management Trust Fund and employed by the Clean Water Management Trust Fund Board of Trustees are transferred to the Department of Environment and Natural Resources and shall continue to be supported by the Clean Water Management Trust Fund, established in G.S. 113A-253, and shall be employed by the Department of Environment and Natural Resources. The Clean Water Management Trust Fund shall be administered by the Department of Environment and Natural Resources." Session Laws 2013-360, s. 14.3(k), provides: "The Natural Heritage Trust Fund shall be closed and the remaining fund balance in the Fund shall be transferred to the Clean Water Management Trust Fund established in G.S. 113A-253 as provided in this subsection. It is the intent of the General Assembly to honor the obligations from the Natural Heritage Trust Fund that were authorized prior to the effective date of this section and to ensure that any tax proceeds credited to the Natural Heritage Trust Fund are used for the purposes for which they were collected. Any encumbered funds transferred from the Natural Heritage Trust Fund to the Clean Water Management Trust Fund shall be used for the purpose for which the grant was awarded. The funds transferred from the Natural Heritage Trust Fund to the Clean Water Management Trust Fund that are unencumbered and any funds transferred from the Natural Heritage Trust Fund to the Clean Water Management Trust Fund that were encumbered but become unencumbered after the effective date of this section shall be used to acquire land under G.S. 113A-253(c)(8c) or G.S. 113A-253(c)(8d), as amended by subsection (d) of this section, or shall be used for the continued payment of debt service authorized before the effective date of this section to reimburse the General Fund for debt service on special indebtedness issued or incurred under Article 9 of Chapter 142 of the General Statutes for a natural heritage purpose." Session Laws 2013-360, s. 14.3( l ), provides: "The Revisor of Statutes may conform names and titles changed by this section, and may correct statutory references as required by this section, throughout the General Statutes. In making the changes authorized by this section, the Revisor may also adjust subject and verb agreement and the placement of conjunctions." Editor's Note. - Former G.S. 113A-253 was recodified as G.S. 143B-135.234. by Session Laws 2015-241, s. 14.30(k1), effective July 1, 2015. At the direction of the Revisor of Statutes, "this Part" was substituted for "this Article" in the introductory language of subsection (c). Session Laws 2004-179, s. 8.3, is a severability clause. Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2011-145, s. 32.5, is a severability clause. Session Laws 2012-142, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2012.'" Session Laws 2012-142, s. 27.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2012-2013 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2012-2013 fiscal year." Session Laws 2012-142, s. 27.7, is a severability clause. Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'" Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium." Session Laws 2013-360, s. 38.5, is a severability clause. Session Laws 2015-241, s. 14.30(r1), effective July 1, 2015, would have amended subdivisions (c)(10) by substituting "G.S. 143B-135.272" for "G.S. 113A-164.12," "Part 42 of this Article" for "Article 9A of Chapter 113A of the General Statutes" and "G.S. 143B-135.254" for "G.S. 113A-164.3", and subsection (d), by deleting the first sentence; however, Session Laws 2015-241, s. 14.4, repealed subdivision (c)(8e) (now (c)(10)) and subsection (d) so the amendments were not given effect. 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 2017-197, s. 4.12, was contingent upon Senate Bill 257, 2017 Regular Session, becoming law. Senate Bill 257 was enacted as Session Laws 2017-57. Session Laws 2019-32, s. 7, provides: "This act becomes effective July 1, 2019. All rules, regulations, and decisions made by the predecessor boards and authorities reconstituted in this act shall remain in full force and effect until and unless duly modified by the successor entities." Session Laws 2020-18, s. 13(a), (b), effective June 12, 2020, 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." Effect of Amendments. - Session Laws 2004-179, s. 4.4, effective August 5, 2004, inserted "are appropriated annually and" preceding "may be used" in subsection (c); added "and to retire debt incurred for this purpose under Article 9 of Chapter 142 of the General Statutes" at the end of subdivisions (c)(1)-(c)(4). Session Laws 2005-454, s. 5, effective January 1, 2006, deleted "established" from the end of the section heading; rewrote subsection (a); substituted "to finance projects to clean up or prevent surface water pollution in accordance with this Article. Revenue in the Fund" for "and" in subsection (c); rewrote subdivisions (c)(5) and (c)(6); substituted "finance stormwater quality projects" for "improve stormwater controls and management practices" in subdivision (c)(7); and substituted "1 July" for "July 1" in subsection (d). Session Laws 2007-549, s. 2, effective August 31, 2007, added subdivision (c)(8a). Session Laws 2011-145, s. 13.26(b), effective July 1, 2011, deleted "under G.S. 143-15.3B" from the end of subdivision (a)(1). Session Laws 2011-374, s. 2.2, effective June 27, 2011, inserted "and for land preservation" in the introductory paragraph of subsection (c); and substituted "and enhancing drinking water supplies, including the development of water supply reservoirs" for "and urban drinking water supplies" in subdivision (c)(2). Session Laws 2013-360, s. 14.3(d), effective August 1, 2013, added "to be administered by the Department of Environment and Natural Resources" in subsection (a); deleted "Scenic River" preceding "Special" in subdivision (a)(2); added subdivision (a)(3); deleted "and to retire debt incurred for this purpose under Article 9 of Chapter 142 of the General Statutes" at the end of subdivisions (c)(1), (c)(2), (c)(3), and (c)(4); deleted subdivisions (c)(5), (c)(6), and (c)(7); added subdivisions (c)(8b), (c)(8c), (c)(8d), and (c)(8e); rewrote subsection (d), which formerly read "Limit on Operating and Administrative Expenses. - No more than two percent (2%) of the annual balance of the Fund on 1 July or a total sum of one million two hundred fifty thousand dollars ($1,250,000), whichever is greater, may be used each fiscal year for administrative and operative expenses of the Board of Trustees and its staff." Session Laws 2014-100, s. 14.13A(b), effective July 1, 2014, in subdivision (c)(8e), inserted "the sum of" and "and any fees collected under G.S. 113A-164.12 near the beginning." Session Laws 2014-100, s. 14.21(b), effective July 1, 2014, deleted the former second sentence in subsection (b), which read: "Investment earnings credited to the assets of the Fund shall become part of the Fund." Session Laws 2015-241, s. 14.4, effective July 1, 2015, deleted subdivisions (c)(10) and (11), pertaining to funding and conservation planning of natural areas and funding of Board of Trustees, respectively, and deleted subsection (d), pertaining to limitation on operating and administrative expenses. Session Laws 2015-241, s. 14.30(r1), (w), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Environment and Natural Resources" in the introductory language of subsection (a); in subsection (c), deleted former repealed subdivisions and redesignated the remaining subdivisions and in subdivision (10), substituted "G.S. 143B-135.272" for "G.S. 113A-164.12," substituted "Part 42 of this Article" for "Article 9A of Chapter 113A of the General Statutes" and substituted "G.S. 143B-135.254" for "G.S. 113A-164.3"; and deleted the former first sentence of subsection (d), which read: "For the fiscal year beginning July 1, 2013, the limit on operating and administrative expenses of the Board of Trustees and its staff is one million two hundred fifty thousand dollars ($1,250,000)." See Editor's note. Session Laws 2017-197, s. 4.12, effective July 1, 2017, substituted "Department of Natural and Cultural Resources" for "Department of Environmental Quality" in subsection (a). Session Laws 2019-32, s. 1(a), inserted the second sentence of subsection (a); added subdivision (a)(4); deleted "and urban" following "protection for surface waters" in subdivision (c)(1); rewrote subdivision (c)(7), which formerly read: "To provide buffers around military bases or for State matching funds for the Readiness and Environmental Protection Initiative, a federal funding initiative that provides funds for military buffers"; and added subdivision (c)(12). For effective date and applicability, see editor's note. Session Laws 2020-69, s. 5.1, effective July 1, 2020, added the first occurrence of "and" in subdivision (c)(1). Opinions of Attorney General Environmental Impact Statements. - The preparation of an Environmental Impact Statement (EIS) may be included in funding for a project that otherwise qualifies for grant funds, although the preparation of an EIS is not, in itself, one of the authorized uses of Clean Water Management Trust Fund moneys under this section. See opinion of Attorney General to Mr. David McNaught, Director, Clean Water Management Trust Fund, 1998 N.C.A.G. 11 (2/20/98). Construction of a regional wastewater system may be funded with Clean Water Management Trust Fund moneys only if the construction meets the criteria set out in former subdivisions (c)(5) or (6) of this section. See opinion of Attorney General to Mr. David McNaught, Director, Clean Water Management Trust Fund, 1998 N.C.A.G. 11 (2/20/98).