GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2019
SESSION LAW 2019-192
HOUSE BILL 961
AN ACT TO PROVIDE FOR CERTAIN FEDERAL FUNDING.
The General Assembly of North Carolina enacts:
part I. Health and Human Services Block Grants
SECTION 1.1.(a) Except as otherwise provided, appropriations from federal block grant funds are made for each year of the fiscal biennium ending June 30, 2021, according to the following schedule:
TEMPORARY ASSISTANCE FOR NEEDY FY 2019‑2020 FY 2020‑2021
FAMILIES (TANF) FUNDS
Local Program Expenditures
Division of Social Services
01. Work First Family Assistance $37,549,914 $35,549,914
02. Work First County Block Grants 80,093,566 80,093,566
03. Work First Electing Counties 2,378,213 2,378,213
04. Adoption Services – Special Children
Adoption Fund 2,026,877 2,026,877
05. Child Protective Services – Child Welfare
Workers for Local DSS 9,412,391 9,412,391
06. Funding for Counties to Assist with County
Implementation of NC FAST, Project 4 8,092 0
07. Child Welfare Program Improvement Plan 775,176 775,176
08. Child Welfare Collaborative 400,000 400,000
09. Child Welfare Initiatives 1,400,000 1,400,000
Division of Child Development and Early Education
10. Subsidized Child Care Program 53,203,069 45,813,694
11. Swap‑Child Care Subsidy 5,400,000 12,600,000
12. NC Pre‑K Services 66,300,000 68,300,000
Division of Public Health
13. Teen Pregnancy Prevention Initiatives 3,450,000 3,450,000
DHHS Administration
14. Division of Social Services 2,482,260 2,482,260
15. Office of the Secretary 34,042 34,042
16. Eligibility Systems – Operations and
Maintenance 653,815 711,349
17. NC FAST Implementation 1,817,362 0
18. Division of Social Services – Workforce
Innovation & Opportunity Act (WIOA) 93,216 93,216
Transfers to Other Block Grants
Division of Child Development and Early Education
19. Transfer to the Child Care and
Development Fund 21,773,001 21,773,001
Division of Social Services
20. Transfer to Social Services Block
Grant for Child Protective Services –
Training 1,300,000 1,300,000
21. Transfer to Social Services Block
Grant for Child Protective Services 5,040,000 5,040,000
22. Transfer to Social Services Block
Grant for County Departments of
Social Services for Children's Services 13,097,783 13,097,783
23. Transfer to Social Services Block
Grant – Foster Care Services 1,385,152 1,385,152
24. Transfer to Social Services Block 1,582,000 1,582,000
Grant – Child Advocacy Centers
25. Transfer to Social Services Block 737,067 737,067
Grant – Child Protective Services,
Child Welfare Training for Counties
TOTAL TEMPORARY ASSISTANCE FOR
NEEDY FAMILIES (TANF) FUNDS $312,392,996 $310,435,701
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
EMERGENCY CONTINGENCY FUNDS
Local Program Expenditures
Division of Child Development and Early Education
01. Subsidized Child Care $33,439,988 $33,439,988
TOTAL TEMPORARY ASSISTANCE FOR
NEEDY FAMILIES (TANF) EMERGENCY
CONTINGENCY FUNDS $33,439,988 $33,439,988
SOCIAL SERVICES BLOCK GRANT
Local Program Expenditures
Divisions of Social Services and Aging and Adult Services
01. County Departments of Social Services $19,905,849 $19,905,849
02. County Departments of Social Services
(Transfer From TANF) 13,097,783 13,097,783
03. EBCI Tribal Public Health and Human Services 244,740 244,740
04. Child Protective Services
(Transfer From TANF) 5,040,000 5,040,000
05. State In‑Home Services Fund 1,943,950 1,943,950
06. Adult Protective Services 2,138,404 2,138,404
07. State Adult Day Care Fund 1,994,084 1,994,084
08. Child Protective Services/CPS
Investigative Services – Child Medical
Evaluation Program 901,868 901,868
09. Special Children Adoption Incentive Fund 462,600 462,600
10. Child Protective Services – Child
Welfare Training for Counties
(Transfer From TANF) 1,300,000 1,300,000
11. Child Protective Services – Child
Welfare Training for Counties
(Transfer From TANF) 737,067 737,067
12. Home and Community Care Block
Grant (HCCBG) 2,696,888 2,696,888
13. Child Advocacy Centers
(Transfer from TANF $1,582,000) 1,582,000 1,582,000
14. Guardianship – Division of Social Services 1,802,671 1,802,671
15. Foster Care Services
(Transfer From TANF) 1,385,152 1,385,152
Division of Central Management and Support
16. DHHS Competitive Block Grants
for Nonprofits 4,774,525 4,774,525
Division of Mental Health, Developmental Disabilities, and Substance Abuse Services
17. Mental Health Services – Adult and
Child/Developmental Disabilities Program/
Substance Abuse Services – Adult 4,149,595 4,149,595
DHHS Program Expenditures
Division of Services for the Blind
18. Independent Living Program 3,603,793 3,603,793
Division of Health Service Regulation
19. Adult Care Licensure Program 402,951 402,951
20. Mental Health Licensure and
Certification Program 200,880 200,880
Division of Aging and Adult Services
21. Guardianship 3,825,443 3,825,443
DHHS Administration
22. Division of Aging and Adult Services 679,541 679,541
23. Division of Social Services 654,220 654,220
24. Office of the Secretary/Controller's Office 132,047 132,047
25. Legislative Increases/Fringe Benefits 236,278 236,278
26. Division of Child Development and
Early Education 13,878 13,878
27. Division of Mental Health, Developmental
Disabilities, and Substance Abuse Services 27,446 27,446
28. Division of Health Service Regulation 121,719 121,719
TOTAL SOCIAL SERVICES BLOCK GRANT $74,055,372 $74,055,372
LOW‑INCOME ENERGY ASSISTANCE BLOCK GRANT
Local Program Expenditures
Division of Social Services
01. Low‑Income Energy Assistance
Program (LIEAP) $40,298,638 $40,298,638
02. Crisis Intervention Program (CIP) 40,298,638 40,298,638
Local Administration
Division of Social Services
03. County DSS Administration 6,618,366 6,618,366
DHHS Administration
Division of Central Management and Support
04. Division of Social Services 10,000 10,000
05. Office of the Secretary/DIRM 128,954 128,954
06. Office of the Secretary/Controller's Office 18,378 18,378
07. NC FAST Development 2,287,188 2,287,188
08. NC FAST Operations and Maintenance 2,539,033 2,539,033
Transfers to Other State Agencies
Department of Environmental Quality
09. Weatherization Program 8,692,641 8,552,641
10. Heating Air Repair and Replacement
Program (HARRP) 5,881,761 5,701,761
11. Local Residential Energy Efficiency Service
Providers – Weatherization 544,742 514,742
12. Local Residential Energy Efficiency Service
Providers – HARRP 327,169 277,169
13. DEQ – Weatherization Administration 544,742 514,742
14. DEQ – HARRP Administration 277,169 277,169
Department of Administration
15. N.C. Commission on Indian Affairs 87,736 87,736
TOTAL LOW‑INCOME ENERGY
ASSISTANCE BLOCK GRANT $108,555,155 $108,125,155
CHILD CARE AND DEVELOPMENT FUND BLOCK GRANT
Local Program Expenditures
Division of Child Development and Early Education
01. Child Care Services $232,109,943 $239,499,318
02. Smart Start Subsidy 7,392,654 7,392,654
03. Transfer from TANF Block Grant
for Child Care Subsidies 21,773,001 21,773,001
04. Quality and Availability Initiatives
(TEACH Program $3,800,000) 55,217,124 55,217,124
DHHS Administration
Division of Child Development and Early Education
05. DCDEE Administrative Expenses 9,710,886 9,710,886
Division of Social Services
06. Local Subsidized Child Care
Services Support 18,533,357 18,533,357
07. Direct Deposit for Child Care Payments 505,100 505,100
Division of Central Management and Support
08. NC FAST Development 464,290 0
09. NC FAST Operations and Maintenance 1,104,504 1,201,697
10. DHHS Central Administration – DIRM
Technical Services 645,162 645,162
11. DHHS Central Administration 7,346 7,346
Division of Public Health
12. Child Care Health Consultation Contracts 62,205 62,205
TOTAL CHILD CARE AND DEVELOPMENT
FUND BLOCK GRANT $347,525,572 $354,547,850
MENTAL HEALTH SERVICES BLOCK GRANT
Local Program Expenditures
01. Mental Health Services – Child $4,779,087 $4,779,087
02. Mental Health Services – Adult/Child 18,531,361 18,531,360
03. Mental Health Services – First
Psychotic Symptom Treatment 1,976,970 1,976,970
DHHS Administration
Division of Mental Health, Developmental Disabilities, and Substance Abuse Services
04. Administration 200,000 200,000
TOTAL MENTAL HEALTH SERVICES
BLOCK GRANT $25,487,418 $25,487,417
SUBSTANCE ABUSE PREVENTION AND TREATMENT BLOCK GRANT
Local Program Expenditures
Division of Mental Health, Developmental Disabilities, and Substance Abuse Services
01. Substance Abuse – HIV and IV Drug $3,500,747 $2,550,915
02. Substance Abuse Prevention 9,110,422 9,110,422
03. Substance Abuse Services – Treatment for
Children/Adults
(Medication‑Assisted Opioid Use Disorder
Treatment Pilot Program $500,000;
First Step Farm of WNC, Inc. $100,000) 28,203,732 29,500,823
05. Crisis Solutions Initiatives – Collegiate
Wellness/Addiction Recovery 1,085,000 1,085,000
06. Crisis Solutions Initiatives – Community
Paramedic Mobile Crisis Management 20,000 20,000
DHHS Program Expenditures
Division of Central Management and Support
07. Competitive Grants 1,600,000 1,600,000
DHHS Administration
Division of Mental Health, Developmental Disabilities, and Substance Abuse Services
08. Administration 454,000 454,000
09. Controlled Substance Reporting System
Enhancement 427,655 427,655
10. Veterans Initiatives 250,000 250,000
Division of Public Health
11. HIV Testing for Individuals in Substance
Abuse Treatment 1,300,000 0
TOTAL SUBSTANCE ABUSE PREVENTION
AND TREATMENT BLOCK GRANT $45,951,556 $44,998,815
MATERNAL AND CHILD HEALTH BLOCK GRANT
Local Program Expenditures
Division of Public Health
01. Women and Children's Health Services
(Safe Sleep Campaign $45,000; Sickle Cell
Centers $100,000; Prevent Blindness $575,000;
March of Dimes $350,000; Teen Pregnancy
Prevention Initiatives $650,000;
17P Project $52,000; Nurse‑Family
Partnership $550,000; Perinatal & Neonatal
Outreach Coordinator Contracts $440,000;
Mountain Area Pregnancy Services $250,000;
Carolina Pregnancy Care Fellowship $400,000) $14,719,224 $14,719,224
02. Oral Health 48,227 48,227
03. Evidence‑Based Programs in Counties
With Highest Infant Mortality Rates 1,575,000 1,575,000
DHHS Program Expenditures
04. Children's Health Services 1,427,323 1,427,323
05. Women's Health – Maternal Health 169,864 169,864
06. Women and Children's Health – Perinatal
Strategic Plan Support Position 68,245 68,245
07. State Center for Health Statistics 158,583 158,583
08. Health Promotion – Injury and
Violence Prevention 87,271 87,271
DHHS Administration
09. Division of Public Health Administration 552,571 552,571
TOTAL MATERNAL AND CHILD
HEALTH BLOCK GRANT $18,806,308 $18,806,308
PREVENTIVE HEALTH SERVICES BLOCK GRANT
Local Program Expenditures
01. Physical Activity and Prevention $3,030,116 $3,030,116
02. Injury and Violence Prevention
(Services to Rape Victims – Set‑Aside) 160,000 160,000
DHHS Program Expenditures
Division of Public Health
03. HIV/STD Prevention and
Community Planning 137,648 137,648
04. Oral Health Preventive Services 150,000 150,000
05. Laboratory Services – Testing,
Training, and Consultation 21,000 21,000
06. Injury and Violence Prevention
(Services to Rape Victims – Set‑Aside) 53,206 53,206
07. Performance Improvement and
Accountability 592,123 592,123
08. State Center for Health Statistics 82,505 82,505
DHHS Administration
Division of Public Health
09. Division of Public Health 65,000 65,000
TOTAL PREVENTIVE HEALTH
SERVICES BLOCK GRANT $4,291,598 $4,291,598
COMMUNITY SERVICES BLOCK GRANT
01. Community Action Agencies $24,170,204 $20,539,214
02. Discretionary Funding 921,096 921,096
03. Office of Economic Opportunity 981,096 981,096
04. Office of Economic Opportunity – Workforce
Investment Opportunities Act (WIOA) 60,000 60,000
TOTAL COMMUNITY SERVICES
BLOCK GRANT $26,132,396 $22,501,406
GENERAL PROVISIONS
SECTION 1.1.(b) Information to Be Included in Block Grant Plans. – The Department of Health and Human Services shall submit a separate plan for each Block Grant received and administered by the Department, and each plan shall include the following:
(1) A delineation of the proposed allocations by program or activity, including State and federal match requirements.
(2) A delineation of the proposed State and local administrative expenditures.
(3) An identification of all new positions to be established through the Block Grant, including permanent, temporary, and time‑limited positions.
(4) A comparison of the proposed allocations by program or activity with two prior years' program and activity budgets and two prior years' actual program or activity expenditures.
(5) A projection of current year expenditures by program or activity.
(6) A projection of federal Block Grant funds available, including unspent federal funds from the current and prior fiscal years.
(7) The required amount of maintenance of effort and the amount of funds qualifying for maintenance of effort in the previous year delineated by program or activity.
SECTION 1.1.(c) Changes in Federal Fund Availability. – If the Congress of the United States increases the federal fund availability for any of the Block Grants or contingency funds and other grants related to existing Block Grants administered by the Department of Health and Human Services from the amounts appropriated in this act, the Department shall allocate the increase proportionally across the program and activity appropriations identified for that Block Grant in this section. In allocating an increase in federal fund availability, the Office of State Budget and Management shall not approve funding for new programs or activities not appropriated in this act.
If the Congress of the United States decreases the federal fund availability for any of the Block Grants or contingency funds and other grants related to existing Block Grants administered by the Department of Health and Human Services from the amounts appropriated in this act, the Department shall develop a plan to adjust the Block Grants based on reduced federal funding.
Notwithstanding the provisions of this subsection, for fiscal years 2019‑2020 and 2020‑2021, increases in the federal fund availability for the Temporary Assistance to Needy Families (TANF) Block Grant shall be used only for the North Carolina Child Care Subsidy program to pay for child care in four‑ or five‑star rated facilities for 4‑year‑old children and shall not be used to supplant State funds.
Prior to allocating the change in federal fund availability, the proposed allocation must be approved by the Office of State Budget and Management. If the Department adjusts the allocation of any Block Grant due to changes in federal fund availability, then a report shall be made to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division.
SECTION 1.1.(d) Except as otherwise provided, appropriations from federal Block Grant funds are made for each year of the fiscal biennium ending June 30, 2021, according to the schedule enacted for State fiscal years 2019‑2020 and 2020‑2021 or until a new schedule is enacted by the General Assembly.
SECTION 1.1.(e) All changes to the budgeted allocations to the Block Grants or contingency funds and other grants related to existing Block Grants administered by the Department of Health and Human Services that are not specifically addressed in this section shall be approved by the Office of State Budget and Management. The Office of State Budget and Management shall not approve funding for new programs or activities not appropriated in this section. Additionally, if budgeted allocations are decreased, the Office of State Budget and Management shall not approve any reduction of funds designated for subrecipients in subsection (a) of this section under (i) Item 03 of the Substance Abuse Prevention and Treatment Block Grant or (ii) Item 01 of the Maternal and Child Health Block Grant. The Office of State Budget and Management shall consult with the Joint Legislative Oversight Committee on Health and Human Services for review prior to implementing any changes. In consulting, the report shall include an itemized listing of affected programs, including associated changes in budgeted allocations. All changes to the budgeted allocations to the Block Grants shall be reported immediately to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division. This subsection does not apply to Block Grant changes caused by legislative salary increases and benefit adjustments.
SECTION 1.1.(f) Except as otherwise provided, the Department of Health and Human Services shall have flexibility to transfer funding between the Temporary Assistance for Needy Families (TANF) Block Grant and the TANF Emergency Contingency Funds Block Grant so long as the total allocation for the line items within those block grants remains the same.
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) FUNDS
SECTION 1.1.(g) The sum of eighty million ninety‑three thousand five hundred sixty‑six dollars ($80,093,566) for each year of the 2019‑2021 fiscal biennium appropriated in this act in TANF funds to the Department of Health and Human Services, Division of Social Services, shall be used for Work First County Block Grants. The Division shall certify these funds in the appropriate State‑level services based on prior year actual expenditures. The Division has the authority to realign the authorized budget for these funds among the State‑level services based on current year actual expenditures. The Division shall also have the authority to realign appropriated funds from Work First Family Assistance for electing counties to the Work First County Block Grant for electing counties based on current year expenditures so long as the electing counties meet Maintenance of Effort requirements.
SECTION 1.1.(h) The sum of nine million four hundred twelve thousand three hundred ninety‑one dollars ($9,412,391) appropriated in this act to the Department of Health and Human Services, Division of Social Services, in TANF funds for each fiscal year of the 2019‑2021 fiscal biennium for child welfare improvements shall be allocated to the county departments of social services for hiring or contracting staff to investigate and provide services in Child Protective Services cases; to provide foster care and support services; to recruit, train, license, and support prospective foster and adoptive families; and to provide interstate and post‑adoption services for eligible families.
Counties shall maintain their level of expenditures in local funds for Child Protective Services workers. Of the Block Grant funds appropriated for Child Protective Services workers, the total expenditures from State and local funds for fiscal years 2019‑2020 and 2020‑2021 shall not be less than the total expended from State and local funds for the 2012‑2013 fiscal year.
SECTION 1.1.(i) The sum of two million twenty‑six thousand eight hundred seventy‑seven dollars ($2,026,877) appropriated in this act in TANF funds to the Department of Health and Human Services, Special Children Adoption Fund, for each fiscal year of the 2019‑2021 fiscal biennium shall be used in accordance with G.S. 108A‑50.2. The Division of Social Services, in consultation with the North Carolina Association of County Directors of Social Services and representatives of licensed private adoption agencies, shall develop guidelines for the awarding of funds to licensed public and private adoption agencies upon the adoption of children described in G.S. 108A‑50 and in foster care. Payments received from the Special Children Adoption Fund by participating agencies shall be used exclusively to enhance the adoption services program. No local match shall be required as a condition for receipt of these funds.
SECTION 1.1.(j) The sum of one million four hundred thousand dollars ($1,400,000) appropriated in this act in TANF funds to the Department of Health and Human Services, Division of Social Services, for each fiscal year of the 2019‑2021 fiscal biennium shall be used for child welfare initiatives to (i) enhance the skills of social workers to improve the outcomes for families and children involved in child welfare and (ii) enhance the provision of services to families in their homes in the least restrictive setting.
SECTION 1.1.(k) Of the three million four hundred fifty thousand dollars ($3,450,000) allocated in this act in TANF funds to the Department of Health and Human Services, Division of Public Health, for each year of the 2019‑2021 fiscal biennium for teen pregnancy prevention initiatives, the sum of five hundred thousand dollars ($500,000) in each year of the 2019‑2021 fiscal biennium shall be used to provide services for youth in foster care or the juvenile justice system.
SECTION 1.1.(k1) The total requirements for NC Pre‑K shall remain unchanged due to the additional sum of four million one hundred thousand dollars ($4,100,000) in recurring funds for the 2019‑2020 fiscal year and the additional sum of six million one hundred thousand dollars ($6,100,000) in recurring funds for the 2020‑2021 fiscal year from TANF funds appropriated in this section. Funds made available after the adjustment in this subsection shall remain unspent until otherwise appropriated by the General Assembly.
SECTION 1.1.(k2) The total requirements for the Child Care Subsidy program shall remain unchanged due to the additional sum of five million four hundred thousand dollars ($5,400,000) in nonrecurring funds for the 2019‑2020 fiscal year and the additional sum of twelve million six hundred thousand dollars ($12,600,000) in nonrecurring funds for the 2020‑2021 fiscal year from additional TANF funds appropriated in this section. Funds made available after the adjustment in this subsection shall remain unspent until otherwise appropriated by the General Assembly.
SOCIAL SERVICES BLOCK GRANT
SECTION 1.1.(l) The sum of nineteen million nine hundred five thousand eight hundred forty‑nine dollars ($19,905,849) for each year of the 2019‑2021 fiscal biennium appropriated in this act in the Social Services Block Grant to the Department of Health and Human Services, Division of Social Services, and the sum of thirteen million ninety‑seven thousand seven hundred eighty‑three dollars ($13,097,783) for each year of the 2019‑2021 fiscal biennium transferred from funds appropriated in the TANF Block Grant shall be used for county block grants. The Division shall certify these funds in the appropriate State‑level services based on prior year actual expenditures. The Division has the authority to realign the authorized budget for these funds, as well as State Social Services Block Grant funds, among the State‑level services based on current year actual expenditures.
Of the funds allocated in this subsection for each year of the 2019‑2021 fiscal biennium for county block grants, three million dollars ($3,000,000) shall be used to assist counties in the implementation of Project 4, Child Services, in North Carolina Families Accessing Services Through Technology (NC FAST). These funds shall be available in each fiscal year of the fiscal biennium for this purpose.
SECTION 1.1.(m) The sum of one million three hundred thousand dollars ($1,300,000) appropriated in this act in the Social Services Block Grant to the Department of Health and Human Services, Division of Social Services, for each fiscal year of the 2019‑2021 fiscal biennium shall be used to support various child welfare training projects as follows:
(1) Provide a regional training center in southeastern North Carolina.
(2) Provide training for residential child caring facilities.
(3) Provide for various other child welfare training initiatives.
SECTION 1.1.(n) The Department of Health and Human Services is authorized, subject to the approval of the Office of State Budget and Management, to transfer Social Services Block Grant funding allocated for departmental administration between divisions that have received administrative allocations from the Social Services Block Grant.
SECTION 1.1.(o) Social Services Block Grant funds appropriated for the Special Children Adoption Incentive Fund shall require a fifty percent (50%) local match.
SECTION 1.1.(p) The sum of five million forty thousand dollars ($5,040,000) appropriated in this act in the Social Services Block Grant for each fiscal year of the 2019‑2021 fiscal biennium shall be allocated to the Department of Health and Human Services, Division of Social Services. The Division shall allocate these funds to local departments of social services to replace the loss of Child Protective Services State funds that are currently used by county governments to pay for Child Protective Services staff at the local level. These funds shall be used to maintain the number of Child Protective Services workers throughout the State. These Social Services Block Grant funds shall be used to pay for salaries and related expenses only and are exempt from 10A NCAC 71R .0201(3) requiring a local match of twenty‑five percent (25%).
SECTION 1.1.(q) The sum of four million seven hundred seventy‑four thousand five hundred twenty‑five dollars ($4,774,525) for each year of the 2019‑2021 fiscal biennium appropriated in this act in the Social Services Block Grant to the Department of Health and Human Services (DHHS), Division of Central Management and Support, shall be used for DHHS competitive block grants pursuant to Section 11A.14 of S.L. 2017‑57, as amended by Section 11A.4 of S.L. 2018‑5. These funds are exempt from the provisions of 10A NCAC 71R .0201(3).
SECTION 1.1.(r) The sum of one million five hundred eighty‑two thousand dollars ($1,582,000) appropriated in this act in the Social Services Block Grant for each fiscal year of the 2019‑2021 fiscal biennium to the Department of Health and Human Services, Division of Social Services, shall be used to continue support for the Child Advocacy Centers, and the funds are exempt from the provisions of 10A NCAC 71R .0201(3).
SECTION 1.1.(s) The sum of three million eight hundred twenty‑five thousand four hundred forty‑three dollars ($3,825,443) for each fiscal year of the 2019‑2021 fiscal biennium appropriated in this act in the Social Services Block Grant to the Department of Health and Human Services, Divisions of Social Services and Aging and Adult Services, shall be used for guardianship services pursuant to Chapter 35A of the General Statutes. The Department may expend funds allocated in this section to support existing corporate guardianship contracts during the 2019‑2020 and 2020‑2021 fiscal years.
SECTION 1.1.(t) Of the funds appropriated in the Social Services Block Grant to the Division of Aging and Adult Services for Adult Protective Services, the sum of eight hundred ninety‑three thousand forty‑one dollars ($893,041) shall be used to increase the number of Adult Protective Services workers where these funds can be the most effective. These funds shall be used to pay for salaries and related expenses and shall not be used to supplant any other source of funding for staff. These funds are also exempt from 10A NCAC 71R .0201(3) requiring a local match of twenty‑five percent (25%).
SECTION 1.1.(u) The sum of seven hundred thirty‑seven thousand sixty‑seven dollars ($737,067) appropriated in this act in the Social Services Block Grant for each fiscal year of the 2019‑2021 fiscal biennium shall be allocated to the Department of Health and Human Services, Division of Social Services. These funds shall be used to assist with training needs for county child welfare training staff and shall not be used to supplant any other source of funding for staff. County departments of social services are exempt from 10A NCAC 71R .0201(3) requiring a local match of twenty‑five percent (25%).
LOW‑INCOME ENERGY ASSISTANCE BLOCK GRANT
SECTION 1.1.(v) Additional emergency contingency funds received may be allocated for Energy Assistance Payments or Crisis Intervention Payments without prior consultation with the Joint Legislative Oversight Committee on Health and Human Services. Additional funds received shall be reported to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division upon notification of the award. The Department of Health and Human Services shall not allocate funds for any activities, including increasing administration, other than assistance payments, without prior consultation with the Joint Legislative Oversight Committee on Health and Human Services.
SECTION 1.1.(w) The sum of forty million two hundred ninety‑eight thousand six hundred thirty‑eight dollars ($40,298,638) for each year of the 2019‑2021 fiscal biennium appropriated in this act in the Low‑Income Energy Assistance Block Grant to the Department of Health and Human Services, Division of Social Services, shall be used for Energy Assistance Payments for the households of (i) elderly persons age 60 and above with income up to one hundred thirty percent (130%) of the federal poverty level and (ii) disabled persons eligible for services funded through the Division of Aging and Adult Services.
County departments of social services shall submit to the Division of Social Services an outreach plan for targeting households with 60‑year‑old household members no later than August 1 of each year. The outreach plan shall comply with the following:
(1) Ensure that eligible households are made aware of the available assistance, with particular attention paid to the elderly population age 60 and above and disabled persons receiving services through the Division of Aging and Adult Services.
(2) Include efforts by the county department of social services to contact other State and local governmental entities and community‑based organizations to (i) offer the opportunity to provide outreach and (ii) receive applications for energy assistance.
(3) Be approved by the local board of social services or human services board prior to submission.
CHILD CARE AND DEVELOPMENT FUND BLOCK GRANT
SECTION 1.1.(x) Payment for subsidized child care services provided with federal TANF funds shall comply with all regulations and policies issued by the Division of Child Development and Early Education for the subsidized child care program.
SECTION 1.1.(y) If funds appropriated through the Child Care and Development Fund Block Grant for any program cannot be obligated or spent in that program within the obligation or liquidation periods allowed by the federal grants, the Department may move funds to child care subsidies, unless otherwise prohibited by federal requirements of the grant, in order to use the federal funds fully.
MENTAL HEALTH SERVICES BLOCK GRANT
SECTION 1.1.(z) The sum of one million nine hundred seventy‑six thousand nine hundred seventy dollars ($1,976,970) appropriated in this act in the Mental Health Services Block Grant to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, for each year of the 2019‑2021 fiscal biennium is allocated for Mental Health Services – First Psychotic Symptom Treatment.
SUBSTANCE ABUSE PREVENTION AND TREATMENT BLOCK GRANT
SECTION 1.1.(aa) The sum of two hundred fifty thousand dollars ($250,000) appropriated in this act in the Substance Abuse Prevention and Treatment Block Grant to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, for each fiscal year of the 2019‑2021 fiscal biennium shall be used to support Veterans initiatives.
MATERNAL AND CHILD HEALTH BLOCK GRANT
SECTION 1.1.(bb) If federal funds are received under the Maternal and Child Health Block Grant for abstinence education, pursuant to section 912 of Public Law 104‑193 (42 U.S.C. § 710), for the 2019‑2020 fiscal year or the 2020‑2021 fiscal year, then those funds shall be transferred to the State Board of Education to be administered by the Department of Public Instruction. The Department of Public Instruction shall use the funds to establish an abstinence until marriage education program and shall delegate to one or more persons the responsibility of implementing the program and G.S. 115C‑81(e1)(4) and (4a). The Department of Public Instruction shall carefully and strictly follow federal guidelines in implementing and administering the abstinence education grant funds.
SECTION 1.1.(cc) The sum of one million five hundred seventy‑five thousand dollars ($1,575,000) appropriated in this act in the Maternal and Child Health Block Grant to the Department of Health and Human Services, Division of Public Health, for each year of the 2019‑2021 fiscal biennium shall be used for evidence‑based programs in counties with the highest infant mortality rates. The Division shall report on (i) the counties selected to receive the allocation, (ii) the specific evidence‑based services provided, (iii) the number of women served, and (iv) any impact on the counties' infant mortality rate. The Division shall report its findings to the House of Representatives Appropriations Committee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, and the Fiscal Research Division no later than December 31 of each year.
SECTION 1.1.(dd) The sum of sixty‑eight thousand two hundred forty‑five dollars ($68,245) allocated in this section in the Maternal and Child Health Block Grant to the Department of Health and Human Services, Division of Public Health, Women and Children's Health Section, for each fiscal year of the 2019‑2021 fiscal biennium shall not be used to supplant existing State or federal funds. This allocation shall be used for a Public Health Program Consultant position assigned full‑time to manage the North Carolina Perinatal Health Strategic Plan and provide staff support for the stakeholder work group.
SECTION 1.1.(ee) The sum of one hundred thousand dollars ($100,000) allocated in this section in the Maternal and Child Health Block Grant to the Department of Health and Human Services, Division of Public Health, for each year of the 2019‑2021 fiscal biennium for community‑based sickle cell centers shall not be used to supplant existing State or federal funds.
FUNDS FOR SUICIDE PREVENTION LIFELINE
SECTION 1.1.(ff) There is appropriated from the General Fund to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, the sum of three hundred forty‑eight thousand five hundred fifty‑eight dollars ($348,558) in nonrecurring funds for the 2019‑2020 fiscal year, to be used for the Suicide Prevention Lifeline.
part II. Agriculture and Natural and Economic Resources Block Grants
COMMUNITY DEVELOPMENT BLOCK GRANTS
SECTION 2.2.(a) Federal Community Development Block Grant funds received by the Department of Commerce during the 2019‑2021 fiscal biennium are hereby appropriated and allocations of those funds are made according to the following schedule:
COMMUNITY DEVELOPMENT BLOCK GRANT
01. State Administration $1,610,278
02. Neighborhood Revitalization 10,000,000
03. Economic Development 11,000,000
04. Infrastructure 25,719,918
TOTAL COMMUNITY DEVELOPMENT
BLOCK GRANT – 2020 Program Year $48,330,196
2021 Program Year $48,330,196
SECTION 2.2.(b) If federal funds are reduced below the amounts specified in this section after the effective date of this act, then every program in each of these federal block grants shall be reduced by the same percentage as the reduction in federal funds.
SECTION 2.2.(c) Any block grant funds appropriated by the Congress of the United States in addition to the funds specified in this section shall be expended as follows: each program category under the Community Development Block Grant shall be increased by the same percentage as the increase in federal funds.
SECTION 2.2.(d) The Department of Commerce shall consult with the Joint Legislative Commission on Governmental Operations prior to reallocating Community Development Block Grant Funds. Notwithstanding the provisions of this subsection, whenever the Director of the Budget finds either of the following conditions exist:
(1) If a reallocation is required because of an emergency that poses an imminent threat to public health or public safety, then the Director of the Budget may authorize the reallocation without consulting the Commission. The Department of Commerce shall report to the Commission on the reallocation no later than 30 days after it was authorized and shall identify in the report the emergency, the type of action taken, and how it was related to the emergency.
(2) If the State will lose federal block grant funds or receive less federal block grant funds in the next fiscal year unless a reallocation is made, then the Department of Commerce shall provide a written report to the Commission on the proposed reallocation and shall identify the reason that failure to take action will result in the loss of federal funds. If the Commission does not hear the issue within 30 days of receipt of the report, the Department may take the action without consulting the Commission.
SECTION 2.2.(e) By September 1, 2019, and September 1, 2020, the Department of Commerce shall report to the chairs of the House of Representatives Appropriations Committee on Agriculture and Natural and Economic Resources; the chairs of the Senate Appropriations Committee on Agriculture, Natural, and Economic Resources; the Joint Legislative Economic Development and Global Engagement Oversight Committee; and the Fiscal Research Division on the use of Community Development Block Grant Funds appropriated in the prior fiscal year. The report shall include the following:
(1) A discussion of each of the categories of funding and how the categories were selected, including information on how a determination was made that there was a statewide need in each of the categories.
(2) Information on the number of applications that were received in each category and the total dollar amount requested in each category.
(3) A list of grantees, including the grantee's name, county, category under which the grant was funded, the amount awarded, and a narrative description of the project.
SECTION 2.2.(f) For purposes of this section, eligible activities under the category of infrastructure in subsection (a) of this section shall be defined as provided in the HUD State Administered Community Development Block Grant definition of the term "infrastructure." Notwithstanding the provisions of subsection (d) of this section, funds allocated to the infrastructure category in subsection (a) of this section shall not be reallocated to any other category.
SECTION 2.2.(g) Throughout each year, deobligated funds arise in the various funding categories and program years of the Community Development Block Grant (CDBG) program as a result of (i) projects coming in under budget, (ii) projects being cancelled, or (iii) projects being required to repay funds. Surplus federal administrative funds in the CDBG program may vary from year to year based upon the amount of State‑appropriated funds allocated and the amount of eligible in‑kind funds identified.
SECTION 2.2.(h) To allow the Department of Commerce and the Department of Environmental Quality to quickly deploy deobligated and surplus federal administrative funds as they are identified throughout the program year, the following shall apply to the use of deobligated CDBG funds and surplus federal administrative funds:
(1) All surplus federal administrative funds shall be divided equally between the Departments of Commerce and Environmental Quality and shall be used as provided in subdivisions (2) and (3) of this subsection.
(2) All deobligated funds allocated to the Department of Commerce and any surplus federal administrative funds, as provided for in subdivision (1) of this subsection, may be used by the Department for all of the following:
a. To issue grants in the CDBG economic development or neighborhood revitalization program category.
b. For providing training and guidance to local governments relative to the CDBG program, its management, and administrative requirements.
c. For any other purpose consistent with the Department's administration of the CDBG program if an equal amount of State matching funds is available.
(3) All deobligated funds allocated to the Department of Environmental Quality and any surplus federal administrative funds, as provided for in subdivision (1) of this subsection, may be used by the Department for all of the following:
a. To issue grants in the CDBG infrastructure program category.
b. For any other purpose consistent with the Department's administration of the CDBG program if an equal amount of State matching funds is available.
part iii. state revolving infrastructure funds
SECTION 3.1. The following recurring funds for the 2019‑2021 fiscal biennium are appropriated from the General Fund to the Department of Environmental Quality and allocated to the Division of Water Infrastructure to match maximum available federal funds for the indicated revolving funds:
(1) Eight hundred twenty‑nine thousand one hundred ninety‑eight dollars ($829,198) to the Clean Water State Revolving Fund.
(2) Two million six hundred forty‑six thousand nine hundred sixty dollars ($2,646,960) to the Drinking Water State Revolving Fund.
Part iv. Miscellaneous
SECTION 4.1. If any provision of this act and G.S. 143C‑5‑4 are in conflict, the provisions of this act shall prevail.
SECTION 4.2. The appropriations and the authorizations to allocate and spend funds which are set out in this act shall remain in effect until the Current Operations Appropriations Act, as defined in G.S. 143C‑1‑1, for the applicable fiscal year becomes law, at which time that act shall become effective and shall govern appropriations and expenditures. When the Current Operations Appropriations Act for that fiscal year becomes law, the Director of the Budget shall adjust allotments to give effect to that act from July 1 of the fiscal year.
SECTION 4.3. This act becomes effective July 1, 2019.
In the General Assembly read three times and ratified this the 25th day of July, 2019.
s/ Philip E. Berger
President Pro Tempore of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Roy Cooper
Governor
Approved 12:31 p.m. this 1st day of August, 2019