North Carolina · statute · N.C. Gen. Stat. ch. 159G · 27 active provisions
Definitions. The following definitions apply in this Chapter: (1) Affordability. - The relative affordability of a project for a community compared to other communities in North Carolina based on factors that shall include, at a minimum, water and sewer service rates, median household income, poverty rates, employment…
Revenue for water projects. This Chapter governs the use of the following revenue: (1) Revenue appropriated to the Department to match federal funds received for loans and grants for wastewater and drinking water projects and revenue received by the Department from the repayment of loans made with the use of the federa…
Water Infrastructure Fund. (a) Fund Established. - The Water Infrastructure Fund is established as a special revenue fund. The Fund is comprised of the accounts set out in this section. The Fund provides revenue through its accounts for loans and grants as provided in this Chapter to meet the water infrastructure needs…
Priority consideration for loan or grant from Wastewater Reserve or Drinking Water Reserve. The considerations for priority in this section apply to a loan or grant from the Wastewater Reserve or the Drinking Water Reserve. The Division of Water Infrastructure must consider the following items when evaluating applicati…
Fee imposed on a loan or grant from Water Infrastructure Fund. (a) [Fee Amounts. -] Except as set forth in subsection (c) of this section, a loan awarded from the Water Infrastructure Fund is subject to a fee of two percent (2%) of the loan. A grant awarded from the Water Infrastructure Fund is subject to a fee of one…
Expenditure for emergency corrective action at a wastewater treatment works. (a) The Department may use revenue in any account of the Wastewater Reserve to provide funds for emergency corrective action at a wastewater treatment works under the circumstances set out in this section. The amount expended in a fiscal year…
Annual reports on Water Infrastructure Fund. (a) Requirement. - The Department shall publish a report each year on the accounts in the Water Infrastructure Fund that are administered by the Division of Water Infrastructure. The report shall be published by November 1 of each year and cover the preceding fiscal year. Th…
Department's responsibility. The Department, through the Division, administers the following: (1) Loans and grants made from the CWSRF, the DWSRF, the Wastewater Reserve, and the Drinking Water Reserve. (2) The award of funds by the Authority from the Community Development Block Grant program to local government units…
Entities eligible to apply for loan or grant. (a) A local government unit or a nonprofit water corporation is eligible to apply for a loan or grant from the CWSRF, the DWSRF, the Wastewater Reserve, or the Drinking Water Reserve. An investor-owned drinking water corporation is also eligible to apply for a loan or grant…
Projects eligible for loan or grant. (a) CWSRF and DWSRF. - Federal law determines whether a project is eligible for a loan or grant from the CWSRF and the DWSRF. A project must meet the eligibility requirements set under federal law. (b) Wastewater Reserve. - The Department is authorized to make loans and grants from…
Loans and grants available from Wastewater Reserve. (a) Types. - The Department is authorized to make the types of loans and grants listed in this subsection from the Wastewater Reserve. Each type of loan or grant must be administered through a separate account within the Wastewater Reserve. (1) Loan. - A loan is avail…
Loans and grants available from Drinking Water Reserve. (a) Types. - The Department is authorized to make the types of loans and grants listed in this section from the Drinking Water Reserve. Each type of loan or grant must be administered through a separate account within the Drinking Water Reserve. (1) Loan. - A loan…
Grant types available from Viable Utility Reserve. (a) The Department is authorized to make the following types of grants from the Viable Utility Reserve: (1) Asset assessment and rate study grant. - An asset inventory and assessment grant is available to inventory the existing public water or wastewater system, or bot…
Criteria for loans and grants. (a) CWSRF and DWSRF. - Federal law determines the criteria for awarding a loan or grant from the CWSRF or the DWSRF. An award of a loan or grant from one of these accounts must meet the criteria set under federal law. The Department is directed to establish through negotiation with the Un…
Limits on loans and grants. (a) CWSRF and DWSRF. - Federal law governs loans and grants from the CWSRF and the DWSRF. An award of a loan or grant from one of these accounts must be consistent with federal law. (b) Certain Reserve Cost Limit. - The amount of a loan or grant from the Wastewater Reserve or the Drinking Wa…
Application to CWSRF, Wastewater Reserve, DWSRF, Drinking Water Reserve, and Viable Utility Reserve. (a) Application. - An application for a loan or grant from the CWSRF, the Wastewater Reserve, the DWSRF, or the Drinking Water Reserve, or a grant from the Viable Utility Reserve, must be filed with the Division. An app…
Environmental assessment and public hearing. (a) Establish Environmental Assessment Process; Required Information. - The Division shall establish an environmental assessment process for projects funded from the CWSRF and DWSRF programs that is sufficient to meet federal environmental assessment requirements for such pr…
Review of applications and award of loan or grant. (a) Point Assignment. - The Division of Water Infrastructure must review all applications filed for a loan or grant under this Article for an application period. The Division must rank each application in accordance with the points assigned to the evaluation criteria.…
Terms of loan and execution of loan documents. (a) Approval by Local Government Commission. - The Department may not award a loan under this Article unless the Local Government Commission approves the award of the loan and the terms of the loan. The terms of a loan awarded from the CWSRF and the DWSRF must be consisten…
Withdrawal of loan or grant. A letter of intent to offer an award for a loan or grant for a project is withdrawn if the applicant fails to enter into a construction contract for the project within two years after the date of the letter, unless the Department finds that the applicant has good cause for the failure. An a…
Disbursement of loan or grant. The Department must disburse the proceeds of a loan or grant to a recipient in a series of payments based on the progress of the project for which the loan or grant was awarded. To obtain a payment, a loan or grant recipient must submit a request for payment to the Department and document…
Inspection of project. (a) Authority. - The Department may inspect a project for which it awards a loan or grant under this Article to determine the progress made on the project and whether the construction of the project is consistent with the project described in the loan or grant application. The inspection may be p…
Rules. The Department may adopt rules to implement this Chapter. Chapter 150B of the General Statutes, the Administrative Procedure Act, governs the adoption of rules by the Department. A rule adopted to administer a loan or grant from the CWSRF or the DWSRF must be consistent with federal law. The Department must give…
Assessment of local government units; assistance. (a) The Authority and the Local Government Commission shall develop criteria to determine how local government units should be assessed and reviewed in accordance with this section, and these criteria shall address at least all of the following: (1) Whether the public w…
State Water Infrastructure Authority created. (a) Authority Established. - The State Water Infrastructure Authority is created within the Department of Environmental Quality. (b) Membership. - The Authority consists of nine members as follows: (1) The Director of the Division of Water Infrastructure of the Department o…