GENERAL ASSEMBLY OF NORTH CAROLINA
Apr 8, 2021
SESSION 2021 HOUSE PRINCIPAL CLERK
HOUSE BILL DRH40303-NBa-115A
Short Title: Disaster Relief and Mitigation Act of 2021. (Public)
Sponsors: Representative Bell.
1 A BILL TO BE ENTITLED
2 AN ACT TO ENACT THE DISASTER RELIEF AND MITIGATION ACT OF 2021.
3 The General Assembly of North Carolina enacts:
5 ESTABLISHMENT OF THE DISASTER RELIEF AND MITIGATION FUND
6 SECTION 1.(a) There is established the Disaster Relief and Mitigation Fund (Fund)
7 in the Department of Public Safety, Division of Emergency Management (Division). Any funds
8 appropriated to the Fund shall remain available for expenditure as provided in this section unless
9 directed otherwise by the General Assembly.
10 SECTION 1.(b) The Division shall administer a grant program that allows units of
11 local government and nonprofit corporations to apply for funds to be used for any of the
13 (1) Flood mitigation efforts that stabilize areas and reduce future damage.
14 (2) Predevelopment assistance to provide small and underserved communities
15 with technical assistance to identify and design shovel-ready projects related
16 to disaster relief and flood mitigation.
17 (3) Matching funds for federal grants and other federal funding for projects
18 related to disaster relief and flood mitigation.
19 SECTION 1.(c) There is appropriated from the General Fund to the Disaster Relief
20 and Mitigation Fund in the Department of Public Safety, Division of Emergency Management,
21 the sum of twenty million dollars ($20,000,000) in nonrecurring funds for the 2021-2022 fiscal
22 year to be used for the purposes set out in this section.
24 ESTABLISHMENT OF THE TRANSPORTATION INFRASTRUCTURE RESILIENCY
26 SECTION 2.(a) There is established the Transportation Infrastructure Resiliency
27 Fund (Fund) in the Department of Public Safety, Division of Emergency Management (Division).
28 Any funds appropriated to the Fund shall remain available for expenditure as provided in this
29 section unless directed otherwise by the General Assembly.
30 SECTION 2.(b) The Division shall administer a grant program to ensure
31 transportation resilience against natural disasters. The Division shall consult with the Department
32 of Transportation prior to awarding grants to State agencies, units of local government, and
33 nonprofit corporations. Funds may be used for any of the following:
34 (1) Projects that update and prepare transportation infrastructure for storms,
35 mudslides, and flooding events.
General Assembly Of North Carolina Session 2021
1 (2) Risk assessments for critical transportation routes, building on existing and
2 future reports such as the I-95 and I-40 Flood Resilience Feasibility Study.
3 (3) Create community-informed flood risk and vulnerability assessments that
4 identify resilience gaps and project opportunities for transportation routes in
5 North Carolina to help maintain vital transportation functions following
6 flooding events.
7 SECTION 2.(c) There is appropriated from the General Fund to the Transportation
8 Infrastructure Resiliency Fund in the Department of Public Safety, Division of Emergency
9 Management, the sum of twenty million dollars ($20,000,000) in nonrecurring funds for the
10 2021-2022 fiscal year to be used for the purposes set out in this section.
12 MAKE NORTH CAROLINA OFFICE OF RECOVERY AND RESILIENCY
14 SECTION 3.(a) Subpart A of Part 5 of Chapter 143B of the General Statutes is
15 amended by adding a new section to read:
16 "§ 143B-1001. The North Carolina Office of Recovery and Resiliency.
17 (a) There is established within the Division of Emergency Management the North
18 Carolina Office of Recovery and Resiliency (NCORR), which shall be organized and staffed in
19 accordance with applicable law and within the limits of authorized appropriations.
20 (b) NCORR shall having the following functions:
21 (1) To execute multiyear recovery and resiliency projects.
22 (2) To administer funds provided by the Community Development Block Grant
23 Disaster Recovery program.
24 (3) To provide general disaster recovery coordination and public information,
25 citizen outreach, and application case management.
26 (4) To audit, finance, comply with, and report on disaster recovery funds and
27 program and construction management services.
28 (5) To contract for services from vendors specializing in housing, construction,
29 and project management services.
30 (6) To develop and administer a grant program for financially distressed local
31 governments to assist with recovery and resiliency capacity.
32 (7) To provide technical assistance to local governments.
33 (c) Funds for NCORR may be used to locate NCORR employees in key regions or to
34 foster partnerships with councils of government in order to address capacity gaps and aid local
35 governments to access federal funds for resiliency and recovery projects and activities."
36 SECTION 3.(b) NCORR shall establish an intergovernmental working group
37 composed of representatives from the Department of Environmental Quality, local governments,
38 and other stakeholders to identify jurisdictional challenges related to stream management and
39 flooding reduction. The working group shall make recommendations to the Joint Legislative
40 Emergency Management Oversight Committee by February 1, 2022.
41 SECTION 3.(c) There is appropriated from the General Fund to the Department of
42 Public Safety, North Carolina Office of Recovery and Resiliency, the sum of five hundred
43 twenty-four thousand three hundred sixty-three dollars ($524,363) in recurring funds for the
44 2021-2022 fiscal year and five hundred ninety-four thousand three hundred sixty-three dollars
45 ($594,363) in recurring funds for the 2022-2023 fiscal year. The funds shall be used to support
46 up to five full-time equivalent positions to provide technical support to communities with
47 resiliency planning and projects to protect communities from flooding and other natural disasters.
49 FLOOD RESILIENCE BLUEPRINT
50 SECTION 4. Ten million dollars ($10,000,000) of Community Development Block
51 Grant. – Mitigation Program funds are hereby allocated to the Department of Public Safety, North
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1 Carolina Office of Recovery and Resiliency (NCORR), to be used to develop Flood Resilience
2 Blueprints for major watersheds impacted by flooding, including the Cape Fear River and the
3 Neuse River Basins. These watershed blueprints shall form the backbone of a State flood
4 planning process that increases community resilience to flooding, shall be a resource for riverine
5 and stream management to reduce flooding, and should support the establishment and furtherance
6 of local government stormwater maintenance programs. NCORR shall identify the major
7 watersheds affected by flooding and direct these funds toward the activities which are central to
8 the creation of actionable blueprints, namely flood risk assessment, identification of data gaps,
9 and recommendations to reduce flood risk for each target watershed. When developing the
10 blueprints, NCORR shall incorporate local knowledge, community goals, and hydrologic
11 modeling to create a decision tool for flood mitigation investments and strategies from local
12 watersheds up to whole river basins. A successful blueprint should ultimately lead to a prioritized
13 set of projects and funding strategies that the State can implement. NCORR is encouraged to
14 examine examples from other states such as the Louisiana Coastal Master Plan or the flood
15 resilience planning processes in South Carolina and Virginia. NCORR shall report by July 1,
16 2022, to the Oversight Committee on Agriculture and Natural and Economic Resources and the
17 Joint Legislative Emergency Management Oversight Committee the implementation of this
20 TARGETED FUNDING FOR FLOOD MITIGATION/NORTH CAROLINA LAND AND
21 WATER FUND
22 SECTION 5.(a) There is appropriated from the General Fund to the North Carolina
23 Land and Water Fund in the Department of Natural and Cultural Resources the sum of twenty
24 million dollars ($20,000,000) in nonrecurring funds for the 2021-2022 fiscal year. The Division
25 of Land and Water Stewardship shall use the funds to provide grants to counties, municipalities,
26 nonprofit corporations, and other State agencies for projects addressing the purposes specified in
27 G.S. 143B-135.234(c)(12). The Division shall develop criteria to score projects based on the
28 ability of a project to reduce flood risks.
29 SECTION 5.(b) G.S 143B-135.244 reads as rewritten:
30 "§ 143B-135.244. Clean Water Management Trust Fund: reporting requirement.
31 The Chair of the Board of Trustees shall report no later than December 1 each year to the
32 Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the
33 Environmental Review Commission, the Subcommittees of the House of Representatives and
34 Senate Appropriations Committees with jurisdiction over natural and economic resources, and
35 the Fiscal Research Division of the General Assembly regarding the implementation of this Part.
36 The report shall include a list of the projects awarded grants from the Fund for the previous
37 12-month period. The list shall include for each project a description of the project, the amount
38 of the grant awarded for the project, and the total cost of the project. In 2024 and annually
39 thereafter, the report shall also include a review of all projects funded over time pursuant to
40 G.S. 143B-135.234(c)(12) and the extent to which each project reduced flooding during flooding
43 FUND ADDITIONAL POSITIONS AND OTHER PURPOSES/DIVISION OF COASTAL
44 MANAGEMENT/COASTAL RESILIENCY PROGRAM
45 SECTION 6. There is appropriated from the General Fund to the Department of
46 Environmental Quality, Division of Coastal Management, the sum of one million three hundred
47 thousand dollars ($1,300,000) in recurring funds for the 2021-2023 fiscal biennium to be used
48 for the following purposes:
49 (1) Create four additional permanent full-time positions to staff the Resilient
50 Coastal Communities Program.
51 (2) Coastal planning and management grants.
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General Assembly Of North Carolina Session 2021
2 FUND NC 2-1-1 SYSTEM
3 SECTION 7. There is appropriated from the General Fund to the Department of
4 Public Safety, Division of Emergency Management, the sum of two hundred fifty thousand
5 dollars ($250,000) in nonrecurring funds to support NC 2-1-1 activities.
7 ADDITIONAL FUNDS FOR COASTAL STORM MITIGATION
8 SECTION 7.1. There is appropriated from the General Fund to the Department of
9 Environmental Quality the sum of twenty million dollars ($20,000,000) in nonrecurring funds
10 for the 2021-2022 fiscal year to be allocated to the Coastal Storm Mitigation Fund.
12 PILOT PROGRAM FOR NATURAL INFRASTRUCTURE FLOOD MITIGATION
13 WITHIN THE DIVISION OF MITIGATION SERVICES
14 SECTION 8.(a) There is appropriated from the General Fund to the Department of
15 Environmental Quality, Division of Mitigation Services, the sum of five million dollars
16 ($5,000,000) in nonrecurring funds for the 2021-2022 fiscal year. The funds shall be used in
17 accordance with G.S. 143-214.11A to create one or more pilot projects addressing chronic
18 flooding in the Stoney Creek watershed impacting businesses, roadways, and access to
19 emergency services in Wayne County and Goldsboro. The pilot shall also serve as the basis for
20 expanding natural infrastructure flood mitigation projects to additional watersheds and scaling
21 solutions to enhance community resilience across North Carolina.
22 SECTION 8.(b) There is appropriated from the General Fund to the Department of
23 Environmental Quality, Division of Mitigation Services, the sum of twenty-five million dollars
24 ($25,000,000) in nonrecurring funds for the 2021-2022 fiscal year to be allocated to the Natural
25 Infrastructure Flood Mitigation program to be used for flood reduction projects in no less than
26 three and up to six additional priority watersheds.
27 SECTION 8.(c) G.S. 143-214.11A is amended by adding a new subsection to read:
28 "(e) The Division shall include in the annual report required by G.S. 143-214.13
29 information on projects funded under this section. The report shall include a list and description
30 of projects funded, the amount of State funds and total budget for each project, and the amount
31 of flood storage capacity enhanced or restored for each project."
33 NEUSE RIVER FLOOD MITIGATION
34 SECTION 9. There is appropriated from the General Fund to the Department of
35 Public Safety, North Carolina Office of Recovery and Resiliency, the sum of thirty-two million
36 two hundred thousand dollars ($32,200,000) in nonrecurring funds for the 2021-2022 fiscal year
37 to be allocated as follows and with regard to the Neuse River flood mitigation activities:
38 (1) $5,200,000 for Seven Spring Levee.
39 (2) $5,000,000 for Stoney Creek acquisitions.
40 (3) $12,000,000 for 301/Railroad elevation.
41 (4) $10,000,000 for buyouts.
43 LUMBER RIVER FLOOD MITIGATION
44 SECTION 10. There is appropriated from the General Fund to the Department of
45 Public Safety, North Carolina Office of Recovery and Resiliency, the sum of thirty-six million
46 five hundred thousand dollars ($36,500,000) in nonrecurring funds for the 2021-2022 fiscal year
47 to be allocated as follows and with regard to Lumber River flood mitigation activities:
48 (1) $18,000,000 for channel widening.
49 (2) $5,000,000 for Lumberton CSX/Floodgates.
50 (3) $3,500,000 for Fairbluff levee.
51 (4) $10,000,000 for buyouts.
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2 MILITARY PRESERVATION AND RURAL RESILIENCY TAX CREDIT
3 SECTION 11.(a) G.S. 105-130.34 is reenacted as it existed immediately before its
4 expiration and reads as rewritten:
5 "§ 105-130.34. Credit for certain real property donations.
6 (a) Credit. – Any C Corporation that makes a qualified donation of an interest in real
7 property located in North Carolina during the taxable year that is useful for (i) public beach access
8 or use, (ii) public access to public waters or trails, (iii) fish and wildlife conservation, (iv)
9 forestland or farmland conservation, (v) watershed protection, (vi) conservation of natural areas
10 as that term is defined in G.S. 113A-164.3(3), (vii) conservation of natural or scenic river areas
11 as those terms are used in G.S. 113A-34, (viii) conservation of predominantly natural parkland,
12 or (ix) historic landscape conservation (i) for farmland preservation, (ii) as a buffer to limit land
13 use activities that would restrict, impede, or interfere with military training, testing, or operations
14 on a military installation or training area or otherwise be incompatible with the mission of the
15 installation, (iii) for fish and wildlife conservation, or (iv) for floodplain protection in a county
16 that, in the five years preceding the donation, was the subject of a Type II or Type III
17 gubernatorial disaster declaration, as provided in G.S. 166A-19.21, as a result of a natural disaster
18 is allowed a credit against the tax imposed by this Part equal to twenty-five percent (25%) of the
19 fair market value of the donated property interest. To be eligible for this credit, the interest in
20 real property must be donated in perpetuity for one of the qualifying uses listed in this subsection
21 and accepted in perpetuity for the qualifying use for which the property is donated. The person
22 to whom the property is donated must be the State, a local government, or a body that is both
23 organized to receive and administer lands for conservation purposes and qualified to receive
24 charitable contributions pursuant to G.S. 105-130.9. Lands required to be dedicated pursuant to
25 local governmental regulation or ordinance and dedications made to increase building density
26 levels permitted under a regulation or ordinance are not eligible for this cred