GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
S	1
SENATE BILL 32

 
 
Short Title:	Beach Nourishment/Clean Water Funds.	()	
Sponsors:	Senator Ballantine.	
Referred to:	Agriculture/Environment/Natural Resources.	
February 5, 2001

	A BILL TO BE ENTITLED
AN ACT TO INCLUDE BEACH NOURISHMENT AND BEACH MANAGEMENT PRACTICES AS PURPOSES FOR WHICH GRANTS MAY BE MADE FROM THE CLEAN WATER MANAGEMENT TRUST FUND.

The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 113‑145.1 reads as rewritten:
"§ 113‑145.1.  Purpose.
The General Assembly recognizes that a critical need exists in this State to clean up pollution in the State's surface waters and to protect and conserve those waters that are not yet polluted. The task of cleaning up polluted waters and protecting the State's water resources is multifaceted and requires different approaches that take into account the problems, the type of pollution, the geographical area, and the recognition that the hydrological and ecological values of each resource sought to be upgraded, conserved, and protected are unique. The General Assembly recognizes that there is also a critical need to nourish beaches and to encourage beach management practices that help limit storm damage and flooding and that assist with erosion control. 
It is the intent of the General Assembly that moneys from the Fund created under this Article shall be used to help finance projects that specifically address water pollution problems and focus on upgrading surface waters, eliminating pollution, and protecting and conserving unpolluted surface waters, including urban drinking water supplies. It is the further intent of the General Assembly that moneys from the Fund also be used:  (i) to build a network of riparian buffers and greenways for environmental, educational, and recreational benefits, and (ii) to nourish beaches and assist with other beach management practices. While the purpose of this Article is to focus on the cleanup and prevention of pollution of the State's surface waters, on the establishment of a network of riparian buffers and greenways, and on beach nourishment and other beach management practices, the General Assembly believes that the results of these efforts will also be beneficial to wildlife and marine fisheries habitats."
SECTION 2.  G.S. 113‑145.3 reads as rewritten:
"§ 113‑145.3.  Clean Water Management Trust Fund: established.
(a)	Fund Established. – There is established a Clean Water Management Trust Fund in the State Treasurer's Office that shall be used to finance projects to clean up or prevent surface water pollution and to nourish beaches and assist with beach management practices in accordance with this Article.
(b)	Fund Earnings, Assets, and Balances. – The State Treasurer shall hold the Fund separate and apart from all other moneys, funds, and accounts. Investment earnings credited to the assets of the Fund shall become part of the Fund. 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.
(c)	Fund Purposes. – Moneys from the Fund may be used for any of the following purposes:
(1)	To acquire land for riparian buffers for the purposes of providing environmental protection for surface waters and urban drinking water supplies and establishing a network of riparian greenways for environmental, educational, and recreational uses.
(1a)	To nourish beaches and assist with beach management practices.
(2)	To acquire conservation easements or other interests in real property for the purpose of protecting and conserving surface waters and urban drinking water supplies.
(3)	To coordinate with other public programs involved with lands adjoining water bodies to gain the most public benefit while protecting and improving water quality.
(4)	To restore previously degraded lands to reestablish their ability to protect water quality.
(5)	To repair failing waste treatment systems if: (i) an application has first been submitted to receive a loan or grant from the Clean Water Revolving Loan and Grant Fund and the application was denied during the latest review cycle; (ii) the repair is a reasonable remedy for resolving an existing waste treatment problem; and (iii) the repair is not for the purpose of expanding the system to accommodate future anticipated growth of a community. Priority shall be given to economically distressed units of local government.
(6)	To repair and eliminate failing septic tank systems, to eliminate illegal drainage connections, and to expand waste treatment systems if the system is being expanded as a remedy to eliminate failing septic tank systems or illegal drainage connections. Priority shall be given to economically distressed units of local government.
(7)	To improve stormwater controls and management practices.
(8)	To facilitate planning that targets reductions in surface water pollution.
(9)	To fund operating expenses of the Board of Trustees and its staff.
(d)	Limit on Operating and Administrative Expenses. – No more than two percent (2%) of the annual balance of the Fund on July 1 or a total sum of eight hundred fifty thousand dollars ($850,000), whichever is less, may be used each fiscal year for administrative and operating expenses of the Board of Trustees and its staff"
SECTION 3.  G.S. 113‑145.6(b) reads as rewritten:
"(b)	Develop Grant Criteria. – The Trustees shall develop criteria for awarding grants under this Article. The criteria developed shall include consideration of the following:
(1)	The significant enhancement and conservation of water quality in the State.
(2)	The objectives of the basinwide management plans for the State's river basins and watersheds.
(3)	The promotion of regional integrated ecological networks insofar as they affect water quality.
(4)	The specific areas targeted as being environmentally sensitive.
(5)	The geographic distribution of funds as appropriate.
(6)	The preservation of water resources with significant recreational or economic value and uses.
(7)	The development of a network of riparian buffer‑greenways bordering and connecting the State's waterways that will serve environmental, educational, and recreational uses.
(8)	The nourishment of beaches and providing assistance for beach management practices that help limit storm damage and flooding and that assist with erosion control."
SECTION 4.  This act is effective when it becomes law.