GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2021
SESSION LAW 2021-1
SENATE BILL 36
AN ACT to make certain MODIFICATIONS to 2020 COVID‑19 Relief legislation.
The General Assembly of North Carolina enacts:
EXTRA CREDIT GRANT PROGRAM EXTENSION
SECTION 1. Section 4.12(c) and Section 4.12(d) of S.L. 2020‑4, as enacted by Section 1.3 of S.L. 2020‑97, read as rewritten:
"SECTION 4.12.(c)
Grant Award. The grant amount is three hundred thirty‑five dollars
($335.00) per eligible individual. For purposes of this section, spouses who
filed a joint 2019 State income tax return are considered one eligible
individual. The Department of Revenue must award the grants as soon as practicable,
but no later than December 15, 2020. If an individual meets all the
requirements of this section for a grant award, but the return is not processed
by the Department on or before December 15, 2020, then the Department may issue
a grant award to the individual upon the processing of the return but in no
event may an award be issued on or after January 1, 2021. practicable. The
Department cannot disclose information regarding individual grants awarded
under this program except as allowed for tax information in G.S. 105‑259(b)(1)‑(55).
The Department may report on the aggregate grant awards provided under this
program.
A grant may be issued by direct deposit if the individual received a 2019 State tax refund by direct deposit. In such circumstances, the direct deposit should be to the account to which the individual's 2019 State tax refund was deposited. If the Department becomes aware that such account is no longer associated with the individual or that the owner of the account has not remitted the grant to the individual entitled to the grant, then the Department may demand that the recipient of the deposit return the grant. In such circumstances, the Department may also reissue the grant to the individual by virtue of a check mailed to the address on the individual's 2019 State income tax return. Grants issued by checks will be mailed to the address on the individual's 2019 State income tax return unless an updated address is available or the address on the individual's application. Checks issued by the Department under this subsection are valid for 90 days.
"SECTION 4.12.(d) Eligibility. The Department of Revenue must award a grant to the following individuals:
(1) Automatic grant award. An individual who filed a 2019 State income tax return on or before October 15, 2020, as provided under G.S. 105‑263 and meets both of the following conditions:
a. The taxpayer reported on Form D‑400 that either the taxpayer or, if filing a joint return, the taxpayer's spouse, was a resident of the State for the entire 2019 calendar year.
b. The taxpayer reported at least one qualifying child on line 10a of Form D‑400.
(1a) Amended return. An individual who filed a 2019 State income tax return as required under subdivision (1) of this section but who did not receive an automatic grant award because the taxpayer did not meet the eligibility conditions of that subdivision and who files an amended return satisfying the conditions of that subdivision on or before May 31, 2021.
(2) Application for grant
award. An individual who applied for a grant under this program on a form
prescribed by the Secretary of Revenue postmarked on or before October 15,
2020, May 31, 2021, and meets all the following conditions:
a. The applicant did not file a 2019 State income tax return solely because the applicant's gross income for the 2019 taxable year did not exceed the State filing requirements for the taxpayer's filing status.
b. The applicant provides a name, mailing address, and any other information required by the Secretary.
c. The applicant reports that the applicant was a resident of the State for the entire 2019 calendar year.
d. The applicant reports the applicant had at least one child that met the conditions of a qualifying child, as that term is defined in Section 24 of the Internal Revenue Code, for the 2019 calendar year. The applicant must include the name, age, and social security number of the qualifying child. A child can only be claimed as a qualifying child by one applicant.
(3) Optional application for grant award. An individual who filed a 2019 State income tax return as required under subdivision (1) of this subsection but who did not receive an automatic grant award because the taxpayer did not report a qualifying child on line 10a of Form D‑400 on or before October 15, 2020, and who does not file an amended return correcting line 10a as provided under subdivision (1a) of this section, may apply for a grant under this program on a form prescribed by the Secretary of Revenue postmarked on or before May 31, 2021. The Secretary may accept applications from paid preparers or holders of a valid power of attorney on behalf of individuals applying for a grant under this subdivision. Applications received under this subdivision do not amend a taxpayer's tax return."
REPEAL REALLOCATION AUTHORITY
SECTION 2. Section 1.9 of S.L. 2020‑97 is repealed.
EXTEND CERTAIN DEADLINES FOR USE OF AND ADJUST COVID‑19 FUNDS
SECTION 3.1. Section 2.2 of S.L. 2020‑4 reads as rewritten:
"SECTION 2.2. The
Coronavirus Relief Fund (Fund) is established. The purpose of the Fund is to
provide necessary and appropriate relief and assistance from the effects of
COVID‑19, consistent with the provisions of this act and subsequent
legislation addressing the effects of COVID‑19. The Fund shall be
maintained as a special fund and administered by OSBM to carry out the
provisions of this act and subsequent acts necessitated as a result of the
COVID‑19 outbreak. All funds allocated from the Fund must be used for necessary
expenditures incurred due to the public health emergency with respect to COVID‑19.
Only expenditures incurred during the period that begins on March 1, 2020, and
ends on December 30, 2020, the deadline established by applicable
federal law and guidance are eligible for funding from this Fund."
SECTION 3.2. Section 3.3 of S.L. 2020‑4, as amended by Section 3 of S.L. 2020‑32, Section 4 of S.L. 2020‑49, Section 1.1(d) of S.L. 2020‑80, Section 3B(b) of S.L. 2020‑88, Section 4.9(a) of S.L. 2020‑91, and Section 1.2 of S.L. 2020‑97, reads as rewritten:
"SECTION 3.3. Allocations of Funds. OSBM shall allocate the funds appropriated in Section 3.2 of this act as follows:
(3) $237,500,000 to OSBM to
be used for the continuity of operation needs across State government. As
referenced in Section 2.2 of this act, expenditures incurred during the period that
begins on March 1, 2020, and ends on December 30, 2020, identified in
that section are eligible for funding under this subdivision. Expenditures
eligible under this subdivision may include, but are not limited to, covering
overtime costs at mental health institutions, prisons, community corrections,
juvenile facilities, and veterans homes; covering costs of pay provided to
employees of the Division of Adult Correction and Juvenile Justice at the
Department of Public Safety in accordance with The Communicable Disease
Emergency Policy established by the Office of State Human Resources; covering
costs of in‑home monitoring for all nonviolent juvenile offenders and
nonviolent, elderly, health‑compromised, and near‑release adult
offenders; covering costs of personal protective equipment, COVID‑19
testing, and hygienic supplies for the Division of Adult Correction and
Juvenile Justice at the Department of Public Safety; rent and utility
assistance; purchasing critical information technology equipment and software
licenses; enhancing telepresence services in public safety facilities and the
court system; and purchasing emergency sanitation and hygienic supplies. Provided
that the United States Department of Labor does not approve additional funding
for the Customer Call Center operated by the Division of Employment Security,
funds may also be used to hire additional time‑limited staff in the
Customer Call Center to meet the unprecedented demand for services. Up to two million dollars ($2,000,000) of the funds
allocated in this subdivision may be used to establish a temporary North
Carolina Pandemic Recovery Office in accordance with Section 4.3 of this act.
Up to five hundred thousand dollars ($500,000) of the funds allocated in this
subdivision may be further allocated to the Office of the State Auditor to
perform the requirements set forth in Section 1.8 of this act. OSBM shall
provide a report to the Joint Legislative Commission on Governmental Operations
no later than August 15, 2020, March 1, 2021, and quarterly thereafter until
all funds have been allocated, detailing the allocation of funds under this
subdivision. The Each report shall include which State agencies
received allocations, the amounts disbursed, the amount spent and in the
2019‑2020 which fiscal year, and for what purposes the funds
were used by fund code and line‑item detail.
(6) $75,000,000
to the Department of Public Instruction for emergency school nutrition
services, including innovative school meals, provided to students in response
to COVID‑19 by public school units participating in the National School
Lunch Program, School Breakfast Program, or Summer Food Service Program from
March 16, 2020, through December 30, 2020.the deadline established by
applicable federal law and guidance. Funds for these services shall be
allocated in the same manner as if the participating public school units were reimbursed by
school meal receipts or federal funds.
(12) $10,000,000 to the
Department of Public Instruction to be allocated in a manner consistent with
the formula for the Instructional Support Allotment. These funds shall be used
for contracted services provided no later than December 30, 2020, the
deadline established by applicable federal law and guidance for school
health support personnel to provide additional physical and mental health
support services for students in response to COVID‑19, including remote and
in‑person physical and mental health support services. For purposes of
this subdivision, the term "school health support personnel" shall
refer to school counselors, school nurses, school psychologists, and school
social workers.
(13) $70,000,000 to the Department of Public Instruction to be allocated to local school administrative units, charter schools, and the Innovative School District to provide a supplemental summer learning program for students whose learning has been negatively affected by the impacts of COVID‑19, in accordance with the following:
a. The summer learning program shall include the following:
1. Reading interventions for
students who were in kindergarten through grade three during the 2019‑2020
school year who were not on track to meet 2019‑2020 year‑end
expectations based on diagnostic assessments completed prior to March 16,
2020.assessments.
2. Reading interventions for
students who were in grade four during the 2019‑2020 school year who
were not on track to meet 2019‑2020 year‑end expectations as
identified by their 2019‑2020 school year reading teachers.
3. Math interventions for
students who were in kindergarten through grade four during the 2019‑2020
school year who were not on track to meet 2019‑2020 year‑end
expectations as identified by their 2019‑2020 school year math
teachers.
c. The
funds appropriated by this subdivision that are not used as described in sub‑subdivision
b. of this subdivision shall be used for (i) reading interventions for students
who were in kindergarten, grade one, and grade four during the 2019‑2020
school year and (ii) math interventions for students who were in
kindergarten through grade four during the 2019‑2020 school year, four,
as described in this subdivision.
d. Funds provided for summer learning programs may be used to deliver interventions and instruction to participating students using methods such as digital resources, printed materials, literacy coaches, and face‑to‑face instruction.
The
governing body of a public school unit receiving funds under this subdivision
shall consult with 2019‑2020 school year teachers of kindergarten
through fourth grade students to develop summer learning program plans that
deliver targeted instruction to students participating in the summer learning
program. Each public school unit's plan shall comply with the requirements of
any executive order in effect at the time of the summer learning program,
including requirements on the use of public school buildings, and shall comply
with social distancing and other public health guidelines provided by the
Department of Health and Human Services. No later than June 22, 2020, local Local
school administrative units and the Innovative School District shall submit
their summer learning program plans to the Department of Public Instruction
(Department). The Department may provide feedback as necessary to ensure that
each summer learning program provides instruction and interventions as required
by this section. Each public school unit shall begin its summer learning
program in accordance with its plan as developed pursuant to this subdivision
and shall not delay the start of its summer learning program pending feedback
from the Department.
Summer
learning programs shall not be included in scheduled instructional time for
the 2020‑2021 school year calendar, time, but shall provide a
supplement to that instruction in order to better prepare students for academic
success during the 2020‑2021 school year, success, despite
the impacts of COVID‑19. Each public school unit receiving funds under
this subdivision is encouraged to identify or prepare resources and strategies
that parents or guardians can provide at home for students who qualify for a
summer learning program and who (i) do not attend or (ii) attend and would like
additional material. Parents or guardians of students who qualify for summer
learning programs shall make the final decision regarding student attendance at
summer learning programs.
No later than February 15, 2021, and February 15, 2022, the State Board of Education shall report to the Joint Legislative Education Oversight Committee on the implementation of this subdivision and the use of funds for summer learning programs. The State Board shall submit with its report a copy of each summer learning program plan submitted and shall include any other data deemed by the State Board to be useful to the Joint Legislative Education Oversight Committee in evaluating the delivery of summer learning programs.
(18) $5,000,000 to the
Department of Public Instruction for the
Extended Learning and Integrated Student Supports Competitive Grant Program (Program)
for the 2019‑2020 and 2020‑2021 fiscal years. (Program). Of
these funds, the Department of Public Instruction may use up to two hundred
thousand dollars ($200,000) to administer the Program. The purpose of the
Program is to fund high‑quality, independently validated extended
learning and integrated student support service programs for at‑risk
students whose learning has been negatively affected by COVID‑19 impacts.
The programs funded shall raise standards for student academic outcomes by
focusing on the following:
Grants shall
be used to award funds for new or existing eligible programs for at‑risk
students operated by (i) nonprofit corporations and (ii) nonprofit corporations
working in collaboration with local school administrative units. Grant
participants are eligible to receive grants in an amount of up to five hundred
thousand dollars ($500,000) each year. Programs should focus on serving (i) at‑risk
students not performing at grade level as demonstrated by statewide assessments
or not on‑track to meet year‑end expectations
as of March 16, 2020, expectations, as demonstrated by existing
indicators, including teacher identification,
(ii) students at risk of dropout, and (iii) students at risk of school
displacement due to suspension or expulsion as a result of antisocial
behaviors. Priority consideration shall be given to applications demonstrating
models that focus services and programs in schools that are identified as low‑performing,
pursuant to G.S. 115C‑105.37. A grant participant shall provide
certification to the Department of Public Instruction that the grants received
under the program shall be matched on the basis of three dollars ($3.00) in
grant funds for every one dollar ($1.00) in nongrant funds. Matching funds
shall not include State funds. The Department shall also give priority
consideration to an applicant that is a nonprofit corporation working in
partnership with a local school administrative unit resulting in a match utilizing
federal funds under Part A of Title I of the Elementary and Secondary Education
Act of 1965, as amended, or Title IV of the Higher Education Act of 1965, as
amended, and other federal or local funds. Matching funds may include in‑kind
contributions for up to fifty percent (50%) of the required match. A nonprofit
corporation may act as its own fiscal agent for the purposes of this Program.
Grant recipients shall report to the Department of Public Instruction for the
year in which grant funds were expended on the progress of the Program,
including alignment with State academic standards, data collection for
reporting student progress, the source and amount of matching funds, and other
measures. Grant recipients shall also submit a final report on key performance
data, including statewide test results, attendance rates, graduation rates and
promotion rates, and financial sustainability of the program. The Department of
Public Instruction shall provide a report on the Program to the Joint
Legislative Education Oversight Committee by February 15, 2021. 2021,
and February 15, 2022. The report shall include the results of the Program
and recommendations regarding effective program models, standards, and
performance measures based on student performance;
leveraging of community‑based resources to expand student access to
learning activities; academic and behavioral support services; and potential
opportunities for the State to invest in proven models for future grants
programs.
(32) $12,425,000 to OSBM to
allocate to North Carolina Association of Free and Charitable Clinics (NCAFCC),
a nonprofit organization, to be used for distribution to its member clinics to
cover the cost of eligible health services provided during the COVID‑19
emergency and other costs allowed pursuant to federal guidance. By August 1,
2020, and by November 1, 2020, April 1, 2021, and every four months
thereafter until all funds are expended, NCAFCC shall report to the Joint
Legislative Oversight Committee on Health and Human Services and the Fiscal
Research Division on a plan for allocating the funds received under this subdivision
subdivision, and by February 1, 2021, and February 1, 2022, on
the use of these funds by recipients.
(34) $12,425,000 to OSBM to allocate to North Carolina Community Health Center Association (NCCHCA), a nonprofit organization, to be used as follows:
b. The remainder for
distribution to its member health centers to cover the cost of eligible health
services provided during the COVID‑19 emergency and other costs allowed
pursuant to federal guidance. By August 1, 2020, and by November 1,
2020, April 1, 2021, and every four months thereafter until all funds are
expended, the NCCHCA shall report to the Joint Legislative Oversight
Committee on Health and Human Services and the Fiscal Research Division on a
plan for allocating the funds received under this subdivision, subdivision,
and by February 1, 2021, and February 1, 2022, on the use of these
funds by recipients.
(39) $65,000,000 to OSBM to establish the COVID‑19 Rural Hospitals Relief Fund. OSBM shall allocate the monies in the fund as grants to hospitals designated as critical access hospitals by the Centers for Medicare and Medicaid Services and to hospitals located in (i) a tier 1 county or (ii) a tier 2 county with a population of less than 150,000. These funds shall be used to offset expenses incurred for providing patient care in North Carolina to respond to the COVID‑19 pandemic. OSBM shall award grants in an amount equal to at least $350,000 for each eligible critical access hospital and in an amount equal to at least $250,000 for each eligible hospital located in a tier 1 or tier 2 county. OSBM shall use any remaining funds to increase the amount of the grants awarded to these hospitals based on a pro rata share of the 2018 hospital operating costs for these hospitals. Grant recipients shall not use these funds for any purpose other than to offset the following costs related to patient care provided in North Carolina as a result of the COVID‑19 pandemic:
As a condition of receiving the funds allocated in this subdivision, each grant recipient shall submit a detailed written report to the House Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, and the Joint Legislative Oversight Committee on Health and Human Services by December 1, 2020, and by February 1, 2022, that contains a breakdown of all expenditures from the funds received under this subdivision; and the total amount of funds received from the Provider Relief Fund provided for in P.L. 116‑136 and any other COVID‑19 Recovery Legislation or other legislation enacted by Congress during calendar year 2020 or 2021 to support the national response to COVID‑19.
(40) $15,000,000 to OSBM to establish the COVID‑19 Teaching Hospitals Relief Fund. OSBM shall allocate the monies in the fund as grants to the five hospitals located within the State that are classified as teaching hospitals by the Centers for Medicare and Medicaid Services (Wake Forest Baptist Medical Center, Duke University Hospital, University of North Carolina at Chapel Hill Medical Center, Vidant Medical Center, and Central Harnett Hospital) for the purpose of offsetting expenses incurred for providing patient care in North Carolina as a result of the COVID‑19 pandemic. OSBM shall award grants in an amount equal to $3,000,000 to each eligible teaching hospital. Grant recipients shall not use these funds for any purpose other than the following to offset costs related to patient care provided in North Carolina to respond to the COVID‑19 pandemic:
As a condition of receiving the funds allocated in this subdivision, each grant recipient shall submit a detailed written report to the House Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, and the Joint Legislative Oversight Committee on Health and Human Services by December 1, 2020, and by February 1, 2022, that contains (i) a breakdown of all expenditures from the appropriated funds received under this section by the categories listed in this subdivision and (ii) the total amount of funds received from the Provider Relief Fund provided for in P.L. 116‑136 and any other COVID‑19 Recovery Legislation or other federal legislation enacted by Congress during calendar year 2020 or 2021 to support the national response to COVID‑19.
(41) $15,000,000 to OSBM to establish the COVID‑19 General Hospitals Relief Fund. OSBM shall allocate the monies in the fund as grants to hospitals located within the State that are not eligible for grants under subdivision (39) or (40) of this section, for the purpose of offsetting expenses incurred for providing care to patients in North Carolina as a result of the COVID‑19 pandemic. OSBM shall award grants to eligible general hospitals based on a pro rata share of the 2018 hospital operating costs for these hospitals. Grant recipients shall not use these funds for any purpose other than to offset the following costs related to patient care provided in North Carolina to respond to the COVID‑19 pandemic:
As a condition of receiving the funds allocated in this subdivision, each grant recipient shall submit a detailed written report to the House Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, and the Joint Legislative Oversight Committee on Health and Human Services by December 1, 2020, and by February 1, 2022, that contains (i) a breakdown of all expenditures from the appropriated funds received under this section by the categories listed in this subdivision and (ii) the total amount of funds received from the Provider Relief Fund provided for in P.L. 116‑136 and any other COVID‑19 Recovery Legislation or other legislation enacted by Congress during calendar year 2020 or 2021 to support the national response to COVID‑19.
(46) $9,000,000 to the Department of Information
Technology to use for the Growing Rural Economies with Access to Technology
Fund to provide supplementary project funding to enable funding for all
qualifying GREAT program applications. GREAT program grant applications
received on or before April 1, 2020, that meet the criteria established
pursuant to G.S. 143B‑1373 shall be eligible to receive the supplementary
funding in accordance with this subdivision. Applications that may have been
eliminated as a result of the scoring process or that may have contained
proposed project areas that overlap with other applications may submit a
revision to an existing application to the Department to qualify for funding
under this subdivision. An applicant awarded a grant shall, upon finalizing the
agreement, receive an initial lump sum grant fund disbursement equal to the
total grant award amount minus amounts assessed to the grant recipient for the
matching requirement in G.S. 143B‑1373(j). A grant recipient
receiving the initial lump sum disbursement must provide evidence satisfactory
to the Department that the recipient is financially solvent and has been
providing broadband service in this State for at least two years and an
attestation that the project will be completed pursuant to the agreement. Funds
allocated under this subsection that remain unawarded on or after September 1,
2020, may be awarded for GREAT program grants that may be awarded by the
Department in a special supplementary grant process occurring after October 1,
2020.
(63) $27,000,000 to the
Department of Public Instruction to provide personal protective equipment for
public schools, in response to the COVID‑19 pandemic, to facilitate in‑person
instruction for the 2020‑2021 school year. instruction. Personal
protective equipment provided pursuant to this subdivision shall meet
applicable federal standards and guidelines from the Centers for Disease
Control and Prevention. Funds allocated pursuant to this subdivision may also
be used to provide COVID‑19 testing for public schools.
(68) $7,000,000 to OSBM to be allocated as grants in equal amounts to the following hospitals: (i) Good Hope Hospital, Inc., (ii) Lake Norman Regional Medical Center, (iii) Cape Fear Valley Health Hoke Hospital, (iv) Catawba Valley Medical Center, (v) Davis Regional Medical Center, (vi) Carolinas Healthcare System Blue Ridge, and (vii) AdventHealth Hendersonville. These funds shall be used to offset expenses incurred for providing patient care in North Carolina to respond to the COVID‑19 pandemic. Grant recipients shall not use these funds for any purpose other than to offset the following costs related to patient care provided in North Carolina as a result of the COVID‑19 pandemic:
As a condition of receiving the funds allocated in this subdivision, each grant recipient shall submit a detailed written report to the House Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, and the Joint Legislative Oversight Committee on Health and Human Services by December 1, 2020, and February 1, 2022, that contains a breakdown of all expenditures from the funds received under this subdivision and the total amount of funds received from the Provider Relief Fund provided for in P.L. 116‑136 and any other COVID‑19 recovery legislation or other legislation enacted by Congress during calendar year 2020 or 2021 to support the national response to COVID‑19.
(69) $2,500,000 to OSBM to allocate to any county designated as a development tier two area, as defined in G.S. 143B‑437.08, with a population of less than 150,000, that has a hospital located within its borders meeting all of the following criteria: (i) provided care to patients in North Carolina related to the COVID‑19 pandemic, (ii) is not affiliated with a university health system, and (iii) filed a petition in U.S. Bankruptcy Court seeking relief under Chapter 11 of the U.S. Bankruptcy Code within the five‑month period preceding the effective date of this section. The county shall distribute these allocated funds to each eligible hospital for the purpose of offsetting expenses incurred for providing care to patients in North Carolina as a result of the COVID‑19 pandemic. Any county, county officer, county official, or county employee who uses these allocated funds for any purpose other than the purpose specified in this subdivision shall be subject to a civil action by the State and held personally liable to reimburse the State. These funds shall be used to offset expenses incurred for providing patient care in North Carolina to respond to the COVID‑19 pandemic. Grant recipients shall not use these funds for any purpose other than to offset the following costs related to patient care provided in North Carolina as a result of the COVID‑19 pandemic:
(86) $6,500,000 to the Board of Governors of The University of North Carolina to be allocated to the State Education Assistance Authority (Authority) to be used to provide scholarships as an alternative educational option for certain students with disabilities during the COVID‑19 pandemic. The Authority shall award scholarship funds as follows:
a. The Authority shall first award scholarship funds to eligible students who (i) had applied for scholarship funds for the 2020‑2021 school year within the application deadlines established by the Authority and (ii) had not been awarded scholarship funds as of the date this act becomes law according to the following:
1. For applications for the
Personal Education Savings Account Program, established pursuant to Article 41
of Chapter 115C of the General Statutes, the sum of three million six hundred
fifty thousand dollars ($3,650,000). Scholarship funds shall be disbursed for
the fall semester and spring semesters of the 2020‑2021
school year only, in accordance with the amounts set forth in G.S. 115C‑592.
Notwithstanding G.S. 115C‑592, a student who receives an award of
scholarship funds for the fall or spring semester of the 2020‑2021
school year pursuant to this subdivision who applies for a scholarship for the
2021‑2022 school year shall not receive priority in the award of a
scholarship under G.S. 115C‑592(a)(1).
2. For applications for the
Special Education Scholarships for Students with Disabilities Program,
established pursuant to Part 1H of Article 9 of Chapter 115C of the General
Statutes, the sum of two million eight hundred fifty thousand dollars
($2,850,000). Scholarship funds shall be disbursed for the fall semester and
spring semesters of the 2020‑2021 school year only, in accordance
with the amounts set forth in G.S. 115C‑112.6. Notwithstanding
G.S. 115C‑112.5(2)f., a student who receives an award of scholarship
funds for the fall or spring semester of the 2020‑2021 school year
pursuant to this subdivision who applies for a scholarship for the 2021‑2022
school year (i) shall be deemed to meet the eligibility requirements of
G.S. 115C‑112.5(2)f.1. and (ii) shall not receive priority in the
award of a scholarship under G.S. 115C‑112.6(a2)(1).
b. After awarding scholarship funds pursuant to sub‑subdivision a. of this subdivision, the Authority shall, to the extent feasible, distribute any remaining funds as scholarship funds to additional eligible students for the fall or spring semester of the 2020‑2021 school year, including reopening the application period under the Personal Education Savings Account Program or the Special Education Scholarships for Students with Disabilities Program or both. The provisions of this subdivision shall apply to the award of any additional scholarship funds under those programs.
(103a) $19,850,000 to YMCA of the Triangle Area, Inc., (YMCA) for the North Carolina Alliance of YMCAs (Alliance) which shall develop and administer a grant program to facilitate remote learning opportunities during the COVID‑19 pandemic. For purposes of the grant program, the YMCA shall serve only as the fiscal agent for the Alliance. The following shall apply to the grant program developed and administered by the Alliance pursuant to this subdivision:
e. Applicants shall
demonstrate the ability to use all grant funds before December 30, 2020.the
deadline established by applicable federal law and guidance.
(111) $500,000 to OSBM to provide
a grant to Triangle Residential Options for Substance Abusers, Inc., a
nonprofit corporation, to be used for (i) offsetting increased operational
expenses incurred for providing comprehensive residential substance use
disorder treatment associated with the COVID‑19 pandemic, for the period
beginning March 1, 2020, and ending December 30, 2020, on the
deadline established by federal law and guidance and (ii) any other COVID‑19
related losses or expenses incurred during that time period, as allowed under
the Coronavirus Aid, Relief, and Economic Security (CARES) Act, P.L. 116‑136.
(112) $1,000,000 to OSBM to be
allocated to the Nurse Family Partnership, a nonprofit corporation
located in North Carolina, to help offset COVID‑19 related expenses
incurred for the following services provided and supplies used within the State
between March 1, 2020, and December 30, 2020: the deadline
established by federal law and guidance:
(114e) $23,000,000 to OSBM, one‑half to be allocated to the North Carolina Health Care Facilities Association (NCHCFA) and one‑quarter each to be allocated to the North Carolina Senior Living Association (NCSLA) and North Carolina Assisted Living Association (NCALA). NCHCFA shall use its allocated funds to purchase and distribute, free of charge, to licensed skilled nursing facilities; and the NCSLA and NCALA shall use its allocated funds to purchase and distribute, free of charge, to licensed adult care homes and family care homes, as those terms are defined in Article 1 of Chapter 131D of the General Statutes, the following materials to their member facilities:
The NCSLA and NCALA shall collaborate together to assure equitable distribution of the materials described in this subdivision to adult care homes and family care homes. By February 1, 2021, by April 1, 2021, and by February 1, 2022, the NCSLA, NCHCFA, and NCALA shall each submit a report on their use of these allocated funds to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division.
(115) $30,000,000 to the Department of Information
Technology to use for the Growing Rural Economies with Access to Technology
Fund to provide funding for a special supplementary GREAT Act grant process in
accordance with Section 4.17 of this act."
"SECTION 1.7.(a) In addition to any report
required under this act or any other law, OSBM the North Carolina
Pandemic Recovery Office established in Section 4.3 of this act shall
provide a report to the Joint Legislative Commission on Governmental Operations
and the Fiscal Research Division by April March 1, 2021,
detailing the use of funds allocated under Section 3.3 of this act.from
the Fund. For each allocation from the Fund, the Pandemic Recovery Office shall
report the following:
(1) The amount disbursed as of December 30, 2020.
(2) The amount expended as of December 30, 2020.
(3) The amount obligated as of December 30, 2020.
(4) The amount, if any, reallocated pursuant to Section 1.9 of S.L. 2020‑97 as of December 30, 2020. For each reallocation, the report shall clearly identify where the funds were reallocated from, the amount the original allocation was reduced by, the activity or activities the funds were reallocated to, and the amount the activity or activities were increased by.
(5) The amount remaining to be spent as of December 30, 2020.
(6) The number of full‑time equivalent (FTE) established by State agencies with funds allocated from the Fund. For each FTE established, the report shall include a position number, the position status, the date the position was established, the hire date, and the date on which the position is to be abolished.
(7) A brief description as to how each allocation was used.
"SECTION 1.7.(b) Beginning April 10, 2021, the Pandemic Recovery Office shall submit a monthly report to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division on allocations from the Fund that were not fully expended as of December 30, 2020. A final report is due no later than 30 days after the date of the final expenditure of funds allocated from the Fund.
"SECTION 1.7.(c)
Additionally, each Beginning April 1, 2021, each State agency or
department that receives federal grant funds under Section 4.1 of this act
shall provide submit a quarterly report to the Joint
Legislative Commission on Governmental Operations and the Fiscal Research
Division no later than 90 days from the day the grant period ends detailing
the use of funds. The report required from OSBM under this section shall
include the amount of funds allocated to each State agency, State department,
and nonprofit organization; how the funds were used by each State agency, State
department, and nonprofit organization; and the amount of funds allocated to
each State agency, State department, and nonprofit organization that remained
unspent as of December 30, 2020. detailing the use of funds. The
report required from each State agency or department that receives federal
grant funds under Section 4.1 of this act this subsection shall
include the amount of funds granted, the source of the funds, how the funds
were used, and the amount of funds that remained unspent at the end of the
grant period. The quarterly report required under this subsection shall end
upon submission of the final report from each State agency or department, which
shall be no later than 90 days from the date the grant period ends for the
relevant funds."
SECTION 3.4. Section 4.2C(f) of S.L. 2020‑4, as enacted by Section 1.1(e) of S.L. 2020‑80, reads as rewritten:
"SECTION 4.2C.(f) In
consultation with participating judicial districts and the East Carolina
University Department of Criminal Justice, Caitlyn's Courage, Inc., shall
report on the effectiveness of the pilot programs created by this section to
the Joint Legislative Oversight Committee on Justice and Public Safety, the
Joint Legislative Oversight Committee on Health and Human Services, and the
Fiscal Research Division of the North Carolina General Assembly in an interim
report by April 1, 2021.2021, and in a final report by April 1,
2022."
SECTION 3.5. Section 4.3 of S.L. 2020‑4 reads as rewritten:
"SECTION
4.3.(a) OSBM shall establish a temporary North Carolina
Pandemic Recovery Office (Office) to oversee and coordinate funds made available under COVID‑19
Recovery Legislation. This Office shall
also provide technical assistance and ensure coordination of federal funds
received by State agencies and local governments and ensure proper reporting
and accounting of all funds. The authorization set forth in this section
expires 12 months from the effective date of this act, on December
31, 2021, and the Office shall cease to operate upon expiration of the
authorization.
"SECTION 4.3.(b) Beginning March 1, 2021, and ending on the date the Office ceases to operate under subsection (a) of this section, the Office shall submit a monthly report to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division that includes each of the following:
(1) For each month since March 1, 2020, the number of staff hired to support the Office's duties and responsibilities, including the position numbers, whether the position is permanent or temporary, the start date and end date for each temporary position, the funding source for each position, and the total amount of funds spent on salary and benefits for personnel.
(2) For each month since March 1, 2020, an accounting of nonpersonnel expenditures.
(3) A description of the Office's activities during the 2020 calendar year.
(4) A description of the Office's activities related to the Fund that remain to be completed in the 2021 calendar year.
"SECTION 4.3.(c) The General Assembly finds that the need for a fully staffed Office declines as funds from the Fund are expended and reports are submitted to the federal government. Therefore, the Office shall reduce its level of staffing accordingly as the duties and responsibilities of the Office decline."
SECTION 3.6. Section 4.15(f) of S.L. 2020‑4, as enacted by Section 1.3 of S.L. 2020‑97, reads as rewritten:
"SECTION 4.15.(f)
Study. Up to $50,000 of the funds allocated by this section may be used by
the Department to study issues arising from the COVID‑19 pandemic with
transportation and product diversification within the North Carolina dairy
industry. The Department shall report its findings and any recommendations for
legislative action to the Joint Legislative Oversight Committee on Agriculture
and Natural and Economic Resources and the Fiscal Research Division no later
than April 1, 2022. Nothing in this subsection shall be construed as
allowing the expenditure of funds from the Coronavirus Relief Fund past
December 30, 2020."
SECTION 3.7. Section 8 of S.L. 2020‑64 reads as rewritten:
"
"SECTION 8.(b)
Transfer. The State Controller shall transfer the sum of six hundred forty‑five
eighty‑four million four hundred thousand dollars ($645,400,000)
($684,400,000) from the Coronavirus Relief Reserve established in
Section 2.1 of S.L. 2020‑4 to the Coronavirus Relief Fund established in
Section 2.2 of that same act.
"SECTION 8.(c)
Appropriation. There is appropriated from the Coronavirus Relief Fund to the
Office of State Budget and Management (OSBM) the sum of six hundred forty‑five
eighty‑four million four hundred thousand dollars ($645,400,000)
($684,400,000) in nonrecurring funds for the 2020‑2021 fiscal
year to be used to offset General Fund appropriations across State government
for allowable expenditures of funds from the Coronavirus Relief Fund.
"SECTION 8.(d)
Creation of Reserve. There is created in the General Fund a Statewide Reserve
for Appropriations (Reserve) (Budget Code: 190XX). The Reserve shall have a
beginning negative appropriation balance of six hundred forty‑five eighty‑four
million four hundred thousand dollars ($645,400,000). ($684,400,000).
By December 30, 2020, June 30, 2021, the Reserve shall have a
balance of zero dollars ($0.00).
."
SECTION 3.8.(a) Section 3.1 of S.L. 2020‑4, as amended by Section 1 of S.L. 2020‑32, Section 1.1(b) of S.L. 2020‑80, and Section 1.1(a) of S.L. 2020‑97, reads as rewritten:
"SECTION 3.1. Transfer
of Funds from Reserves to Relief Fund. The State Controller shall transfer
the sum of two billion three hundred sixty‑three twenty‑four
million three hundred ninety thousand six hundred forty‑six dollars ($2,363,390,646)
($2,324,390,646) for the 2019‑2020 fiscal year from the
Reserve established in Section 2.1 of this act, and the sum of three hundred
million dollars ($300,000,000) for the 2019‑2020 fiscal year from the
Local Government Coronavirus Relief Reserve established in Section 2.3 of this
act, to the Fund established in Section 2.2 of this act. All interest earned on
funds held in the Reserve shall be transferred to the Coronavirus Relief
Fund."
SECTION 3.8.(b) Section 3.2 of S.L. 2020‑4, as amended by Section 2 of S.L. 2020‑32, Section 1.1(c) of S.L. 2020‑80, and Section 1.1(b) of S.L. 2020‑97, reads as rewritten:
"SECTION 3.2.
Appropriation of Funds from Relief Fund to OSBM. There is appropriated from
the Fund to OSBM the sum of two billion six hundred sixty‑three twenty‑four
million three hundred ninety thousand six hundred forty‑six dollars ($2,663,390,646)
($2,624,390,646) in nonrecurring funds for the 2019‑2020
fiscal year to be allocated and used as provided in Section 3.3 of this act.
The funds appropriated in this section shall not revert at the end of the 2019‑2020
fiscal year. Notwithstanding any provision of law to the contrary in this act
or any other act appropriating funds from the Fund, funds appropriated from the
Fund shall (i) remain available to expend until the deadline established by
applicable federal law or guidance and (ii) be returned in accordance with that
applicable federal law or guidance if unexpended by that deadline."
SECTION 3.9. Section 4(b) of S.L. 2020‑27 reads as rewritten:
"SECTION 4.(b) There
is appropriated from the Coronavirus Relief Fund to the Office of State Budget
and Management (OSBM) the sum of twenty‑two million dollars ($22,000,000)
in nonrecurring funds for the 2020‑2021 fiscal year to be
allocated to the Department of Public Instruction to fund an increase in
Average Daily Membership (ADM), as reflected in the revised allotted 2020‑2021
fiscal year ADM, for low‑wealth counties due to the impacts of COVID‑19.
These funds shall be available for expenditure until the deadline established
by applicable federal law and guidance."
SECTION 3.10. Section 8(b) of S.L. 2020‑79 reads as rewritten:
"SECTION 8.(b)
Appropriation. There is appropriated from the Coronavirus Relief Fund to the
Office of State Budget and Management (OSBM) the sum of four million eight
hundred thousand dollars ($4,800,000) in nonrecurring funds for the 2020‑2021
fiscal year to the Board of Governors of The University of North Carolina
to be allocated to the Southern Regional Area Health Education Center (SR AHEC)
to be used for residencies in the SR AHEC service areas and for COVID‑19
related response activities. These funds shall be available for expenditure until
the deadline established by applicable federal law and guidance."
SECTION 3.11. Section 4.2D(d) of S.L. 2020‑4, as enacted by Section 1.1.(e) of S.L. 2020‑80, reads as rewritten:
"SECTION 4.2D.(d) Reporting Requirements. The local school administrative units participating in the pilot shall provide a report by May 1, 2021, to the Office on implementation of the pilot for that school year, including (i) the use of the funds described in subsection (c) of this section, (ii) the number of students impacted by the pilot and the number of students pursing STEM‑related CTE career pathways as a result of the pilot, measured by the number of students declaring interest in a career with a chemistry‑dependent industry located in North Carolina and the number of students pursuing higher education in a chemistry‑related major or technical certification at a school in North Carolina, (iii) demand and feedback by teachers on the use of the STEM‑focused educational technology, and (iv) any other information requested by the Office.
The Office shall provide a report
by June 1, 2021, to the Joint Legislative Education Oversight Committee,
Joint Legislative Oversight Committee on Agriculture and Natural and Economic
Resources, Senate Appropriations Committee on Education/Higher Education;
House Appropriations Committee on Education; Senate Appropriations Committee on
Agriculture, Natural, and Economic Resources; the House of Representatives
Appropriations Committee on Agriculture and Natural and Economic Resources; and
the Fiscal Research Division on the implementation of the pilot and the
information reported by participating local school administrative units pursuant
to this section. The report shall include any data on student outcomes related
to implementation of the pilot, the expenditure of funds described in
subsection (c) of this section, and recommendations by the Office on
modification of the pilot and the need for continued support."
SECTION 3.12. Section 1.7(b) of S.L. 2020‑97 reads as rewritten:
"SECTION 1.7.(b) This
section applies to all contracts entered into on or after the date it becomes
law and expires on December 30, 2020.31, 2021."
GREAT ACT REVISIONS
SECTION 4.1.(a) There is transferred from the General Fund to the State Capital and Infrastructure Fund, established pursuant to G.S. 143C‑3‑4.1, the sum of thirty‑nine million dollars ($39,000,000) for the 2020‑2021 fiscal year.
SECTION 4.1.(b) There is appropriated from the State Capital and Infrastructure Fund to the Growing Rural Economies with Access to Technology Fund, established pursuant to G.S. 143B‑1373(b), the sum of thirty‑nine million dollars ($39,000,000) for the 2020‑2021 fiscal year. Of the funds appropriated in this section, thirty million dollars ($30,000,000) shall be distributed in the special supplementary grant process established in Section 4.17 of S.L. 2020‑4, as amended in this act. The remaining amount shall be used to fund supplementary project grants previously awarded. The funds appropriated in this section shall remain available until expended and shall not revert.
SECTION 4.2.(a) Section 4.17(a) of S.L. 2020‑4, as enacted by Section 1.3 of S.L. 2020‑97, reads as rewritten:
"SECTION 4.17.(a) From
the funds appropriated in Section 3.3(115) of this act, act, or by
any other act enacted during the 2020‑2021 fiscal year for this purpose, the
Department of Information Technology shall provide a special supplementary
grant process to accelerate the provision of broadband access through the
Growing Rural Economies with Access to Technology grant program. Grants may be
awarded with funds appropriated in this act for applications submitted
on or before October 23, 2020. The Department shall post applications no later
than October 28, 2020, and shall begin issuing awards no later than November
9, 2020. The Department shall award all grants pursuant to this act on or
before December 30, 2020. March 1, 2021. Except as otherwise
provided in this Part, notwithstanding any provision of G.S. 143B‑1373
to the contrary, the Department may establish a final schedule and process for
the special supplementary grant process."
SECTION 4.2.(b) Section 4.17(b)(8) of S.L. 2020‑4, as enacted by Section 1.3 of S.L. 2020‑97, reads as rewritten:
"(8) For the purposes outlined in this act, notwithstanding G.S. 143B‑1373(i), the Office shall use the following guidelines in awarding and administering grants:
Applications
receiving the highest score shall receive priority status for the awarding of
grants pursuant to G.S. 143B‑1373. As a means of breaking a tie for
applications receiving the same score, the Office shall give priority to the
application proposing to serve the highest number of new households or
businesses at the lowest cost per household or business. Applicants awarded
grants shall enter into an agreement with the Office. The agreement shall contain
all of the elements outlined in G.S. 143B‑1373(d) and any other
provisions the Office may require. The agreement shall contain a provision
governing the time line and minimum requirements and thresholds for
disbursement of grant funds measured by the progress of the project;
provided, however, that an applicant awarded a grant shall, upon finalizing the
agreement, receive an initial lump sum grant fund disbursement equal to the
total grant award amount minus amounts assessed to the grant recipient for the
matching requirement in G.S. 143B‑1373(j). A grant recipient
receiving the initial lump sum disbursement must provide evidence satisfactory
to the Office that the recipient is financially solvent and has provided all
required documentation to the Office for any prior GREAT grant application or
award and an attestation that the matching funds required pursuant to
G.S. 143B‑1373(j) are available at the time the agreement is
executed. the project. At project completion, the grant recipient
shall certify and provide to the Office evidence consistent with Federal
Communications Commission attestation that either speeds greater than those
identified in the application guidelines or the proposed upstream and
downstream broadband speeds identified in the application guidelines, and for
which a base speed multiplier was awarded pursuant to G.S. 143B‑1373(g)(6),
are available throughout the project area prior to any end user connections. A
single grant award shall not exceed two million eight hundred thousand dollars
($2,800,000). No combination of grant awards involving any single county may
exceed five million six hundred thousand dollars ($5,600,000)."
SECTION 4.2.(c) The Office of Broadband Infrastructure may limit the number of grant recipients receiving funds appropriated in this act that are also eligible to receive the supplemental grant award authorized in Section 3.14(d) of S.L. 2020‑97.
SECTION 4.2.(d) Section 3.14(d) of S.L. 2020‑97 reads as rewritten:
"SECTION 3.14.(d) Notwithstanding the grant amount limitations in G.S. 143B‑1373, the Department shall provide a supplementary grant award of fifteen thousand dollars ($15,000) from the Growing Rural Economies with Access to Technology Fund for each grant project awarded during the 2020‑2021 fiscal year that has also received a grant from the Federal Communications Commission Rural Digital Opportunity Fund Auction Phase I. A project may only receive a single supplementary grant award under this subsection."
NEW FEDERAL GRANTS FOR VACCINES, RENTAL ASSISTANCE, AND EDUCATION
SECTION 5.(b) The programs and grant amounts in the schedule set forth in this subsection are estimates of North Carolina's allocations from the Consolidated Appropriations Act, 2021, P.L. 116‑260, for the programs listed in this subsection to be deposited in the State's Treasury and administered by the responsible agency. The responsible agencies may, with approval of the Director of the Budget, spend funds in the amounts received from the federal grants in this schedule. Positions created with such funds shall terminate at the earlier of the funds being fully expended or the deadline established by applicable federal law and guidance for use of the funds.
Program (Responsible Agency) Amount
COVID‑19 Vaccine Preparedness
(Department of Health and Human Services) $94,768,784
Elementary and Secondary School Emergency Relief Fund II
(Department of Public Instruction) $1,602,591,000
Emergency Rental Assistance
(Office of Recovery and Resiliency, Department of Public Safety;
Office of State Budget and Management) $546,597,070
Total Estimated Funding $2,243,956,854
SECTION 5.(c) The use of federal grant funds received under this section shall be detailed in quarterly reports as provided in this subsection. A report required under this subsection shall include the amount of federal funds received; the amount of grant funds expended; how the funds were used, including program information such as number of people served and geographic distribution; the amount spent on administration; and the amount of funds that remained unspent. In addition, a report required under this subsection shall provide the number of full‑time equivalent (FTE) positions established with funds received and, for each FTE established, a position number, position status, date the position was established, hire date, and date on which the position is to be abolished. The requirement to submit a report under this subsection shall end upon submission of the final report from each entity that receives federal grant funds under this section, which shall be no later than 90 days from the date the grant period ends for the relevant funds. The required quarterly report, the reporting entity, and the timing are as follows:
(1) Each public school unit receiving federal grant funds under this section, beginning March 1, 2021, shall submit the report to the Department of Public Instruction. The Department of Public Instruction, beginning April 1, 2021, shall collate and submit the reports into a single, consolidated report to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division.
(2) Each State agency or department receiving federal grant funds under this section, beginning April 1, 2021, shall submit the report to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division.
SECTION 5.(d) The appropriation of funds under this section does not obligate the State or create an ongoing obligation of the State for future appropriations for programs or other purposes for which the funds shall be used.
EFFECTIVE DATE
SECTION 6. Except as otherwise provided, this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 4th day of February, 2021.
s/ Mark Robinson
President of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Roy Cooper
Governor
Approved 9:47 a.m. this 10th day of February, 2021