North Carolina 2021-2022 Session Status: Enacted 5 R cosponsors

SB 172 — Additional COVID-19 Response and Relief.

Last action — Signed by Gov. 5/24/2021

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This bill has been enacted into law. Introduced March 01, 2021. Enacted.

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Plain-language change summary

The updated version of Senate Bill 172 clarifies that it focuses specifically on appropriating federal funds under the Consolidated Appropriations Act of 2021 for COVID-19 relief, rather than creating new reserves and funds related to various federal COVID-19 assistance programs. This shift emphasizes direct funding for specific educational and operational needs rather than establishing broader fiscal structures. This matters because it streamlines the use of federal funds, potentially allowing for quicker and more effective responses to pandemic-related challenges in North Carolina.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 S 2 SENATE BILL 172 Appropriations/Base Budget Committee Substitute Adopted 4/29/21 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 S 1 SENATE BILL 172* Short Title:
Additional COVID-19 Response & Relief.
2021 COVID-19 Response & Relief.
Senators B.
Jackson, Harrington, and Hise (Primary Sponsors).
March 2, 2021 A BILL TO BE ENTITLED AN ACT TO ESTABLISH THE STATE FISCAL RECOVERY RESERVE AND FUND, CORONAVIRUS CAPITAL PROJECTS RESERVE AND FUND, AND LOCAL FISCAL RECOVERY RESERVE AND FUND TO MAINTAIN FUNDS PAID TO THE STATE FROM THE CORONAVIRUS STATE FISCAL RECOVERY FUND, CORONAVIRUS CAPITAL PROJECTS FUND, AND CORONAVIRUS LOCAL FISCAL RECOVERY FUND;
Rules and Operations of the Senate March 2, 2021 A BILL TO BE ENTITLED AN ACT TO MAKE MODIFICATIONS TO COVID-19 RELIEF LEGISLATION AND PROVIDEADDITIONALAPPROPRIATIONS FORTHEEXPENDITUREOFFEDERAL COVID-19 PANDEMIC RELIEF FUNDS.
TO APPROPRIATE FUNDS FROM THE LOCAL FISCAL RECOVERY FUND FOR DISTRIBUTION TO NONENTITLEMENT UNITS OF LOCAL GOVERNMENT;
TOAPPROPRIATE CERTAIN FEDERALGRANTFUNDS PROVIDED TOTHESTATE UNDER THE AMERICAN RESCUE PLAN ACT;
AND TO MAKE TECHNICAL AND OTHER CHANGES.
PART I.
7 PART I.
GENERAL PROVISIONS DEFINITIONS SECTION 1.1.
APPROPRIATION OF FEDERAL CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL APPROPRIATIONS ACT FUNDS APPROPRIATION OF COVID-19 FEDERAL FUNDS SECTION 1.1.(a) Federal funds received by the State as authorized under the Consolidated Appropriations Act, 2021, (P.L.
Except as otherwise provided, the following definitions apply in this act:
116-260), are appropriated in the amounts provided in the notification of award from the federal government or any entity acting on behalf of the federal government to administer the federal funds.
(1) American Rescue Plan Act.
– The American Rescue Plan Act of 2021, P.L.
117-2.
(2) Consolidated Appropriations Act.
– The Consolidated Appropriations Act, 2021, P.L.
116-260.
(3) Coronavirus or COVID-19.
– The coronavirus disease 2019.
(4) FTA.
– Federal Transit Administration.
(5) IDEA.
– Individuals with Disabilities Education Act.
(6) Nonentitlement unit of local government.
– A city, as that term is defined in section 102(a)(5) of the Housing and Community Development Act of 1974 (42 U.S.C.
§ 5302(a)(5)), that is not a metropolitan city, as that term is defined in Section 603 of the Social Security Act.
(7) OSBM.
– The Office of State Budget and Management.
(8) SNAP.
– Supplemental Nutrition Assistance Program.
(9) Social Security Act.
– Title VI of the Social Security Act, 42 U.S.C.
§ 801, et seq., as amended by the American Rescue Plan Act.
(10) WIC.
– Special Supplemental Nutrition Program for Women, Infants, and Children.
*S172-v-2* General Assembly Of North Carolina Session 2021 REQUIRED REPORT ON USE OF FUNDS SECTION 1.2.
In addition to any report required under this act or any other law, each State agency or department that receives federal grant funds under Section 3.2 of this act shall submit a quarterly report to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division beginning on July 15, 2021, detailing the use of funds.
The report required from each State agency or department that receives federal grant funds under Section 3.2 of this act shall include the amount of funds granted, the source of the funds, how the funds were used during the quarter, and the amount of funds that remained unspent at the end of the quarterly reporting period.
The quarterly report required under this section 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.
PART II.
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ESTABLISHMENT OF RESERVES AND FUNDS ESTABLISHMENT OF STATE FISCAL RECOVERY RESERVE SECTION 2.1.
The State Controller shall establish a State Fiscal Recovery Reserve (Reserve) in the General Fund to maintain federal funds received from the Coronavirus State Fiscal RecoveryFund, pursuant to theauthorizationset forth in theSocial SecurityAct.
The State Controller shall transfer funds to the State Fiscal Recovery Fund established in Section 2.2 of this act onlyas needed to meet the appropriations set out in subsequent legislation and onlyupon request of the Director of the Budget.
Funds reserved in the Reserve do not constitute an "appropriation made by law," as that phrase is used in Section 7(1) of Article V of the North Carolina Constitution.
ESTABLISHMENT OF STATE FISCAL RECOVERY FUND SECTION 2.2.
The State Fiscal Recovery Fund (Fund) is established.
The purpose of the Fund is to respond to the public health emergency with respect to the COVID-19 public health emergencyand its negative economic impacts;
to respond to workers performing essential work during the COVID-19 public health emergency;
to provide for government services, including revenue reductions due to the COVID-19 public health emergency;
and to make necessaryinvestmentsin water,sewer,orbroadbandinfrastructure.
TheFundshallbemaintained asaspecialfundand administeredbyOSBMtocarryouttheprovisionsofthisactandsubsequent acts necessitated as a result of the COVID-19 public health emergency.
All funds allocated from the Fund shall be used in accordance with applicable federal law and guidance.
ESTABLISHMENT OF CORONAVIRUS CAPITAL PROJECTS RESERVE SECTION 2.3.
The State Controller shall establish a Coronavirus Capital Projects Reserve (Capital Reserve) in the General Fund to maintain federal funds received from the Coronavirus Capital Projects Fund, pursuant to the authorization set forth in the Social Security Act.
The State Controller shall transfer funds to the Coronavirus Capital Projects Fund established in Section 2.4 of this act only as needed to meet the appropriations set out in subsequent legislation and onlyupon request of the Director of the Budget.
Funds reserved in the Capital Reserve do not constitute an "appropriation made by law," as that phrase is used in Section 7(1) of Article V of the North Carolina Constitution.
ESTABLISHMENT OF CORONAVIRUS CAPITAL PROJECTS FUND SECTION 2.4.
The Coronavirus Capital Projects Fund (Capital Fund) is established.
The purpose of the Capital Fund is to carry out critical capital projects directly enabling work, education, and health monitoring, including remote options, in response to the COVID-19 public health emergency.
The Capital 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 Page 2 Senate Bill 172-Second Edition General Assembly Of North Carolina Session 2021 COVID-19 public health emergency.
All funds allocated from the Capital Fund shall be used in accordance with applicable federal law and guidance.
4 ESTABLISHMENT OF LOCAL FISCAL RECOVERY RESERVE SECTION 2.5.
The State Controller shall establish a Local Fiscal Recovery Reserve (Local Reserve) in the General Fund to maintain federal funds received from the Coronavirus Local Fiscal Recovery Fund, pursuant to the authorization set forth in the Social Security Act.
Funds that are reserved in the Local Reserve do not constitute an "appropriation made by law," as that phrase is used in Section 7(1) of Article V of the North Carolina Constitution.
ESTABLISHMENT OF LOCAL FISCAL RECOVERY FUND SECTION 2.6.
The Local Fiscal Recovery Fund (Local Fund) is established.
The purpose of the Local Fund is to provide funds consistent with section 603 of the Social Security Act to nonentitlement units of local government to use to mitigate the impact of the COVID-19 public health emergency.
The Local 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 public health emergency.
All funds allocated from the Local Fund shall be used in accordance with applicable federal law and guidance.
PART III.
APPROPRIATION OF CERTAIN FEDERAL GRANT FUNDS AND LOCAL FISCAL RECOVERY FUNDS TRANSFER AND APPROPRIATION OF LOCAL FISCAL RECOVERY FUNDS SECTION 3.1.(a) As soon as practicable, the State Controller shall transfer the total sum of funds in the Local Reserve established in Section 2.5 of this act to the Local Fund established in Section 2.6 of this act.
SECTION3.1.(b) There is appropriatedfromthe Local Fundto OSBM the total sum of funds in the Local Fund in nonrecurring funds to be distributed to and used by nonentitlement units of local government in accordance with applicable federal law and guidance.
SECTION 3.1.(c) OSBM shall distribute the funds appropriated in subsection (b) of this section by the later of (i) 30 days from the date the funds are allocated to the State from the Coronavirus Local Fiscal Recovery Fund created under the Social Security Act or (ii) the date to which an extension under section 603 of the Social Security Act has been granted.
The total amount distributed to a nonentitlement unit of government shall not exceed the capped amount, as determined undersection 603 oftheSocialSecurityAct.
IfOSBM is unableto meet the30-day deadline set forth in this subsection and the Social Security Act, OSBM shall submit to the chairs of the Senate Appropriations/Base Budget Committee, the chairs of the House Appropriations Committee, and the Fiscal Research Division a copy of each written extension submitted to the United States Secretary of the Treasury in accordance with section 603 of the Social Security Act.
OSBM shall submit a copy of each written extension in accordance with this subsection no later than three days from the date it submits the written extension to the United States Secretary of the Treasury.
SECTION 3.1.(d) Any funds appropriated under subsection (b) of this section that are in excess of the amount needed under subsection (c) of this section shall be returned to the United States Secretary of the Treasury in accordance with section 603 of the Social Security Act.
SECTION 3.1.(e) No later than 30 days from the date OSBM makes the last distribution required under subsection (c) of this section, OSBM shall submit a report to the chairs of the Senate Appropriations/Base Budget Committee, the chairs of the House Appropriations Committee, and the Fiscal Research Division detailing the amount of funds provided under subsection (c) of this section to each nonentitlement unit of government.
Senate Bill 172-Second Edition Page 3 General Assembly Of North Carolina Session 2021 2 APPROPRIATION OF CERTAIN FEDERAL GRANT FUNDS PROVIDED UNDER THE AMERICAN RESCUE PLAN ACT SECTION 3.2.
Except as otherwise provided in this section, federal funds received bytheStateundertheAmerican Rescue PlanAct forthe programs set forth in theschedulebelow are appropriated in the amounts provided in the notification of award from the federal government or any entity acting on behalf of the federal government to administer the federal funds.
Federal funds received by the State under the American Rescue Plan Act from the Elementary and Secondary School Emergency Relief Fund are only appropriated up to the estimated amount set forth in the schedule below for the program.
Any positions created with the 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.
The programs and grant amounts in the schedule set forth in this subsection are estimates of North Carolina's allocations to be deposited in the State's Treasury and administered by State agencies.
The grant amounts in the schedule set forth in this subsection are estimates of North Carolina's allocations to be deposited in the State's Treasury and administered by State agencies.
This schedule is meant to be illustrative of federal grants that have been, or will be, received by the State from the Consolidated Appropriations Act, 2021, (P.L.
Program Amount Higher Education Emergency Relief Fund $701,279,800 Emergency Assistance to Non-Public Schools 82,952,000 IDEA:
116-260).
Grants to States 81,359,400 IDEA:
Program Amount Governor's Emergency Education Relief Fund (GEER II) $42,920,546 Governor's Emergency Education Relief Fund – Emergency Assistance to Nonpublic Schools (EANS) $84,824,393 Higher Education Emergency Relief Fund (HEER II) $292,693,289 Farm Stress Program Block Grants $500,000 Fisheries Disaster Assistance $5,202,534 Emergency Food Assistance Program (TEFAP) $12,813,000 Older Americans Act – Congregate and Home-Delivered Meals $5,172,595 ELC Enhancing Detection through Coronavirus Response and Relief Supplemental Funds $603,677,156 SECTION 1.1.(b) The final amount of federal funds awarded for the following programs are not yet known, but are hereby appropriated in the same manner as provided in subsection (a) of this section:
Preschool Grants 5,961,100 IDEA:
Specialty Crop Block Grants, Supplemental Nutrition Assistance Program (SNAP), CommoditySupplemental Food Program, and School Nutrition and Child and Adult Care Food Program.
Infants & Toddlers 6,298,200 Child Care Stabilization Grants 805,767,400 Child Care Entitlement to States 16,096,000 Community-Based Child Abuse Prevention 7,695,000 Child Abuse State Grants 3,067,000 Supportive Services 13,984,000 Congregate and Home Delivered Meals 23,045,000 Preventive Services 1,363,000 Family Caregiver 4,463,000 Title VII Long-Term Care Ombudsman 310,000 SNAP State Administrative Expense Grants 35,443,000 FTA Urbanized Area Formula 4,696,400 HOME Investment Partnerships Program 137,414,000 Emergency Management Performance Grants 2,660,000 National Endowment for the Arts:
*S172-v-1* General Assembly Of North Carolina Session 2021 EMERGENCY NEEDS FOR ELEMENTARY AND SECONDARY SCHOOLS OF THE STATE SECTION 1.2.
State Arts Agencies 912,000 Emergency Rental Assistance 556,611,000 Homeowner Assistance Fund 273,337,000 Elementary and Secondary School Emergency Relief Fund 3,239,272,535 Expand Genomic Sequencing 6,662,900 Epidemiology and Lab Capacity for School Testing 315,895,900 Community Health Centers Expanded Access to COVID-19 Vaccines, Build Vaccine Confidence 4,057,900 WIC Cash Value Vouchers Increase 19,930,600 Total Estimated Funding $6,350,534,135 HOMEOWNER ASSISTANCE FUND/ADMINISTERING AGENCY SECTION 3.3.
S.L.
The agency responsible for administering the Homeowner Assistance Fund funds appropriated under Section 3.2 of this act is the North Carolina Housing Finance Agency.
2021-1 is amended by adding a new section to read:
Page 4 Senate Bill 172-Second Edition General Assembly Of North Carolina Session 2021 EMERGENCY RENTAL ASSISTANCE FUNDS/ADMINISTERING AGENCY AND ALLOCATION SECTION 3.4.(a) For purposes of this section, the term "Emergency Rental Assistance funds" means funds appropriated for Emergency Rental Assistance under (i) Section 5 of S.L.
"SECTION 5A.
2021-1, as amended by Section 1.4 of S.L.
The Department of Public Instruction shall use the funds reserved pursuant to subsection (c1) of Section 5 of this act as follows:
2021-3, and (ii) Section 3.2 of this act.
(1) $500,000 shall be transferred to the Department of Natural and Cultural Resources to be allocated to the State Library for the NC Kids Digital Library project to address learning loss resulting from the COVID-19 pandemic by providingchildrenwith increasedaccess to digital learningresources in public libraries, including e-books, audiobooks, and videos.
SECTION3.4.(b) Subsections(e)through(h)ofSection5ofS.L.2021-1, asenacted by Section 1.4 of S.L.
(2) $500,000 to be allocated to the Governor Morehead School for the Blind, Eastern North Carolina School for the Deaf, and North Carolina School for the Deaf for school nutrition, cleaning and sanitizing, learning resources, including providing new instructional materials in braille for students with visual impairments, compensatory services, and Extended School Year Services related to the impacts of COVID-19.
2021-3, are repealed.
(3) $1,000,000 to be transferred to the Board of Governors of The University of North Carolina for the North Carolina New Teacher Support Program to provide mentoring and coaching support to beginning teachers who are employed in public schools most impacted by COVID-19 at no cost to the local school administrative units.
SECTION 3.4.(c) The agency responsible for administering the Emergency Rental Assistance funds is the Office of Recovery and Resiliency in the Department of Public Safety (Office).
(4) $1,000,000 to contract with a third-party entity to collect, analyze, and report data related to the overall impacts of COVID-19 on public school units, students, and families of the State, including the State's responsiveness to the COVID-19pandemic, thetransition to remote learning andreturnto in-person instruction, the systems in place for flexibility in education delivery, assessment of student performance, addressing issues of learning loss, teacher effectiveness and supports, and implementation of best practices and improvements for any significant future challenges.
SECTION 3.4.(d) The Office shall reserve or allot a maximum amount of Emergency Rental Assistance funds it receives to each of the counties set forth in this subsection as follows:
The Department shall submit a preliminary report by March 15, 2022, and a final report by December 15, 2022, to the Joint Legislative Education Oversight Committee on the findings of the third-party entity from the contract required by this subdivision.
(1) $18,143,818 to Buncombe County.
(5) $1,200,000 to be transferred to the Wildlife Resources Commission to be allocated to the Outdoor Heritage Special Fund (Budget Code:
(2) $8,869,958 to Cabarrus County.
24351;
(3) $31,175,381 to Cumberland County.
Fund Code:
(4) $16,283,963 to Durham County.
2291) for the Outdoor Heritage Advisory Council's NC Schools Go Outside grant program to provide local opportunities for young people to reengage with learning experiences in safe outdoor settings.
(5) $28,686,999 to Forsyth County.
(6) Up to $10,000,000 to be allocated as needed to each public school unit in the State, except for schools operated by the State Board of Education, to ensure that each public school unit receives a total amount from the Elementary and Secondary School Emergency Relief II (ESSER II) Fund of at least one hundred eighty dollars ($180.00) per pupil in federal grant funds according to the following:
(6) $15,060,507 to Gaston County.
a.
(7) $36,873,026 to Guilford County.
If a public school unit did not receive funds pursuant to subsection (c) of Section 313 of P.L.
(8) $11,502,293 to Johnston County.
116-260, the public school unit shall receive an amount equal to one hundred eighty dollars ($180.00) per pupil.
(9) $49,474,851 to Mecklenburg County.
b.
(10) $15,375,324 to New Hanover County.
If a public school unit received funds pursuant to subsection (c) of Section 313 of P.L.
(11) $6,107,019 to Union County.
116-260, the per pupil amount allocated under this subdivision shallbereduced so that (i)thetotal amount in federal grant funds from the ESSER II Fund is equal to one hundred eighty dollars Page 2 Senate Bill 172*-First Edition General Assembly Of North Carolina Session 2021 ($180.00) per pupil or (ii) the public school unit receives no additional funding because the total amount from the ESSER II Fund would exceed one hundred eighty dollars ($180.00) per pupil.
(12) $30,083,215 to Wake County.
The federal grant funds allocated under this subdivision shall be used for the purpose of responding to the impacts of COVID-19, including mitigating learning loss and reopening schools.
SECTION 3.4.(e) The counties set forth in subsection (d) of this section shall be provided their maximum allotment set forth in subsection (d) of this section, minus any pro rata adjustments authorized in this section, from the Office and shall manage those funds in accordance with local priorities and federal requirements.
(7) $10,000,000 to be allocated in a manner consistent with the formula for the Instructional Support Allotment.
Counties that received direct allocations from the federal Emergency Rental Assistance program shall exhaust their direct allocations before expending anyof the State allotment provided in subsection (d) of this section.
These funds shall be used for contracted services forschool healthsupportpersonnel to provideadditional physical and mental health support services for students in response to COVID-19, including remote and in-person physical and mental health support services.
The counties set forth in subsection (d) of this section are ineligible to receive any additional funds under subsection (f) of this section.
For purposes of this subdivision, the term "school health support personnel" shall refer to school counselors, school nurses, school psychologists, and school social workers.
SECTION3.4.(f) TheOfficeshallreserveorallot amaximum amountofEmergency Rental Assistance funds it receives to eligible residents in each modified council of government region as follows:
(8) $10,000,000 to be allocated to public school units participating in a federal school nutrition program administered by the Food and Nutrition Service of the United States Department of Agriculture for school nutrition services provided in response to COVID-19.
(1) $29,472,777 to Region A (Cherokee, Clay, Graham, Haywood, Jackson, Macon, and Swain Counties).
The allocation of grants shall be prioritized to public school units based on need as demonstrated by the expenditure of existing federal funding received for COVID-19 related impacts.
(2) $20,252,053 to Region B (Henderson, Madison, and Transylvania Counties).
(9) $1,000,000, in response to COVID-19, to contract with a third-party entity to conduct a statewide assessment of the cybersecurity capabilities of public schools and threats posed to public schools.
(3) $34,297,905 to Region C (Cleveland, McDowell, Polk, and Rutherford Counties).
In selecting a third-party entity to conduct theassessment,theDepartment shall not consideranyentitycurrently under contract with the Department to provide services related to cybersecurity.
(4) $31,500,652 to Region D (Alleghany, Ashe, Avery, Mitchell, Watauga, Wilkes, and Yancey Counties).
No later than June 20, 2021, the Department shall confidentiallyreporttheresults oftheassessment conductedbythethird-party entity to the chairs of the Senate Appropriations/Base Budget Committee, the chairs of the House Appropriations Committee, the chairs of the Senate Appropriations Committee on General Government and Information Technology, and the chairs of the House Appropriations Committee on Information Technology.
(5) $49,564,633 to Region E (Alexander, Burke, Caldwell, and Catawba Counties).
(10) $9,000,000, in response to COVID-19, to implement a statewide cybersecurity program to improve the cybersecurity infrastructure of the public schools.
(6) $56,766,859 to Region F (Anson, Iredell, Lincoln, Rowan, and Stanly Counties).
The program shall be operated by the Department or an entity that contracts with the Department, and these funds shall not be allocated to a public school unit.
(7) $107,644,512 to Region G (Alamance, Caswell, Davidson, Montgomery, Randolph, Rockingham, Davie, Stokes, Surry, and Yadkin Counties).
The program shall include at least the following components:
(8) $39,711,535 to Region J (Chatham, Lee, Moore, and Orange Counties).
a.
Senate Bill 172-Second Edition Page 5 General Assembly Of North Carolina Session 2021 (9) $32,087,967 to Region K (Franklin, Granville, Person, Vance, and Warren Counties).
Funding for all costs related to the following for implementation of the program, as needed:
(10) $46,735,614 to Region L (Edgecombe, Halifax, Nash, Northampton, and Wilson Counties).
hardware, software, licenses, support, maintenance, training, and labor.
(11) $26,201,509 to Region M (Harnett and Sampson Counties).
b.
(12) $51,374,676 to Region N (Bladen, Hoke, Richmond, Robeson, and Scotland Counties).
Preparation for and understanding of evolving technology and evolving security threats in the State.
(13) $32,117,037 to Region O (Brunswick, Columbus, and Pender Counties).
c.
(14) $91,101,787 to Region P (Carteret, Craven, Duplin, Greene, Jones, Lenoir, Onslow, Pamlico, and Wayne Counties).
Adequate review and oversight of the program.
(15) $41,034,412 to Region Q (Beaufort, Bertie, Hertford, Martin, and Pitt Counties).
d.
(16) $21,892,087 to Region R (Camden, Chowan, Currituck, Dare, Gates, Hyde, Pasquotank, Perquimans, Tyrrell, and Washington Counties).
Integration among the various elements of the program.
SECTION 3.4.(g) Allotments as listed in subsection (f) of this section for regions with counties that did not receive a direct allocation from the federal Emergency Rental Assistance program under the Consolidated Appropriations Act or the American Rescue Plan Act are the maximum aggregate amount to be provided to recipients renting housing in the respective region, and the Office shall reserve the maximum amount to the respective region minus any pro rata adjustments authorized in this section.
e.
The Office shall provide awards to recipients residing in the region described in this subsection based upon the actual amount of monthly rent owed by the tenant pursuant to the rental agreement or the actual amount of utility costs owed by the recipient and shall not be subject to any allowable average or other formula-based calculation.
Development of systems improving accountability and responsibility related to a security threat or breach.
The Office shall continue to provide awards for each region until the maximum allotment amount in subsection (f) of this section has been exhausted.
(11) $12,000,000 to contract with Voyager Sopris Learning, Inc., to provide Language Essentials for Teachers of Reading and Spelling training for teachers for improving the literacy and language development of students, Senate Bill 172*-First Edition Page 3 General Assembly Of North Carolina Session 2021 building strong foundational early literacy skills by utilizing the Science of Reading, and recouping learning losses resulting from the COVID-19 pandemic.
SECTION 3.4.(h) In order to more effectively administer and execute the Housing Opportunities and Prevention of Evictions program, the Office shall engage the services of the applicable regional council of government created under Part 2 of Article 20 of Chapter 160A of the General Statutes, or the applicable regional planning commission created under Article 19 of Chapter 153A of the General Statutes, serving the counties set forth in subsection (f) of this section.
The funds shall be used for training programs to be delivered to educators working with (i) children in the North Carolina Prekindergarten (NC Pre-K) program, in consultation with the Department of Health and Human Services, and (ii) children in kindergarten through fifth grade.
No later than 30 days from the effective date of this section, the Office shall submit a written report to the chairs of the Senate Appropriations/Base Budget Committee, the chairs of the House Appropriations Committee, and the Fiscal Research Division on how it intends to utilize the councils of government or regional planning commissions for planning, dissemination of information, and application assistance, and any other service provided by the councils of government or regional planning commissions.
Up to fifty percent (50%) of the funds shall be used for the delivery of training programs to educators in a combination of grade levels from NC Pre-K programs through fifth grade during the 2021-2022 school year.
SECTION 3.4.(i) In accordance with applicable federal guidelines, the Office shall establish a hotline to provide eligible households with case management and other services related to the COVID-19 public health emergency.
The remaining funds shall be used to provide the training programs to educators through those grade levels during the 2022-2023 school year.
The Office may use up to ten percent (10%) of Emergency Rental Assistance funds for the hotline, housing stability services, and administrative costs;
(12) $15,000,000 for the Extended Learning and Integrated Student Supports Competitive Grant Program (Program).
however, no more than five percent (5%) of Emergency Rental Assistance funds may be used for administrative costs, which include the costs associated with establishing a hotline.
Of these funds, the Department of Public Instruction may use up to two hundred thousand dollars ($200,000) to administer the Program.
Expenses incurred under this subsection for housing stabilityservices or administrative costs shall be deducted pro rata from the maximum allotments listed in subsection (d) or (f) of this section.
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.
SECTION 3.4.(j) All funds reserved or allotted under this section shall be used in accordance with applicable federal law or guidance.
The programs funded shall raise standards for student academic outcomes by focusing on the following:
SECTION 3.4.(k) The Office shall submit a report no later than July 1, 2021, to the chairs of the House Appropriations Committee, the chairs of the Senate Appropriations/Base Budget Committee, and the Fiscal Research Division containing at least all of the following:
a.
Page 6 Senate Bill 172-Second Edition General Assembly Of North Carolina Session 2021 (1) Amount of federal funds received from the Consolidated Appropriations Act and the American Rescue Plan Act, actually expended, by county and region for rent and by county and region for utilities, under the Emergency Rental Assistance program.
Use of an evidence-based model with a proven track record of success.
(2) Amount of federal funds received from the Consolidated Appropriations Act and the American Rescue Plan Act, contractually obligated, by county and region for rent and by county and region for utilities, under the Emergency Rental Assistance program.
b.
(3) Recommendations on statewide reallotments, bycountyand region, needed in advance of the federal deadline for reallocation of unused funds, including rationalefortherecommendedreallotments andanestimateoftheoutstanding needs by county and region.
Inclusion of rigorous, quantitative performance measures to confirm effectiveness of the program.
c.
Deployment of multiple tiered supports in schools to address student barriers to achievement, such as strategies to improve chronic absenteeism,antisocial behaviors,academic growth,andenhancement of parent and family engagement.
d.
Alignment with State performance measures, student academic goals, and the North Carolina Standard Course of Study.
e.
Prioritization in programs to integrate clear academic content, in particular,science,technology,engineering,andmathematics(STEM) learning opportunities or reading development and proficiency instruction.
f.
Minimization of student class size when providing instruction or instructional supports and interventions.
g.
Expansion of student access to high-quality learning activities and academic support that strengthen student engagement and leverage community-based resources, which may include organizations that provide mentoring services and private-sector employer involvement.
h.
Utilization of digital content to expand learning time, when appropriate.
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 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 Page 4 Senate Bill 172*-First Edition General Assembly Of North Carolina Session 2021 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 workingin 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 otherfederalorlocalfunds.Matchingfundsmayincludein-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, thesource andamount ofmatching funds, and othermeasures.
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 shall provide a reporton the Program to theJoint LegislativeEducationOversight Committee by February 15 of each year following the year in which grant funds are awarded.
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.
Funds shall be available for grants through the deadline established by applicable federal law and guidance for use of funds from the ESSER II Fund.
(13) $40,000,000 to be held in reserve by the Department to be allocated to public school units to support in-person instruction programs to address learning loss and provideenrichmentactivitiesinthesummer.Theallocationofgrants shall be prioritized to public school units based on need, as demonstrated by the expenditure of existing federal funding received for COVID-19 related impacts.
(14) $26,046,144 to be held in reserve by the Department to be allocated to public school units to support COVID-19 related needs, including in-person instruction programs to address learning loss and provide enrichment activities in the summer.
The allocation of grants shall be prioritized to public school units based on need, as demonstrated by the expenditure of existing federal funding received for COVID-19 related impacts.
(15) Up to $8,012,955 to be used by the Department for administrative costs.
(16) $1,000,000, in response to COVID-19, to contract with a third-party entity to conduct a statewide assessment of the cybersecurity capabilities of public schools and threats posed to public schools.
In selecting a third-party entity to conduct theassessment,theDepartment shall not consideranyentitycurrently under contract with the Department to provide services related to cybersecurity.
The assessment required under this subdivision is confidential and not a public record as defined in G.S.
132-1.
No later than June 20, 2021, the Department shall report the results of the assessment conducted by the Senate Bill 172*-First Edition Page 5 General Assembly Of North Carolina Session 2021 third-party entity to the chairs of the Senate Appropriations/Base Budget Committee, the chairs of the House Appropriations Committee, the chairs of the Senate Appropriations Committee on General Government and Information Technology, and the chairs of the House Appropriations Committee on Information Technology.
The report submitted by the Department is confidential and not a public record as defined in G.S.
132-1.
(17) $9,000,000, in response to COVID-19, to contract with a third-party entity to implement a statewide cybersecurity program to improve the cybersecurity infrastructure of the public schools.
The third-party entity shall be a business entity with broad experience in cybersecurity services, including a history of successful contracts in this State and at least one other state, and shall not have its principal office located in the People's Republic of China or the Russian Federation.
Nothing in this subdivision is intended to contravene any existing treaty, law, agreement, or regulation of the United States.
The funds shall not be allocated to a public school unit, and the program shall include at least the following components:
a.
Funding for all costs related to the following for implementation of the program, as needed:
hardware, software, licenses, support, maintenance, training, and labor.
b.
Preparation for and understanding of evolving technology and evolving security threats in the State.
c.
Adequate review and oversight of the program.
d.
Integration among the various elements of the program.
e.
Development of systems improving accountability and responsibility related to a security threat or breach.
(18) If, on August 15, 2022, there are any remaining ESSER II funds from the allocations in subdivisions (1) through (11) and (13) and (14) of this section, those funds shall be reallocated to the reserve described under subsection (c1) of Section 5 of this act to be used for expenditure on or after that date to meet additional emergency needs of the elementary and secondary schools of the State, as determined by the State Board of Education." ESSER II FUNDS SECTION 1.3.
Section 5 of S.L.
2021-1 is amended by adding a new subsection to read:
"SECTION 5.(c1) After the Department of Public Instruction allocates federal grant funds to public school units pursuant to subsection (c) of Section 313 of P.L.
116-260, the State Board of Education shall reserve a portion of the remaining funds made available in the Elementaryand SecondarySchool EmergencyRelief II (ESSER II) Fund to be used to meet the emergency needs of the elementary and secondary schools of the State, pursuant to subsection (e) of Section 313 of P.L.
116-260, in accordance with Section 5A of this act." EMERGENCY RENTAL ASSISTANCE SECTION 1.4.
Section 5 of S.L.
2021-1 reads as rewritten:
"SECTION 5.(a) Funds received from federal grants authorized under the Consolidated AppropriationsAct, 2021,P.L.116-260,forCOVID-19VaccinePreparedness(DivisionM,Title III), for Elementary and SecondarySchool Emergency Relief Fund II (Division M, Title III), and for EmergencyRental Assistance (Division N, Title V) are appropriated in the amounts provided in the notification of award from the federal government or any entity acting on behalf of the federal government to administer the federal funds.
Page 6 Senate Bill 172*-First Edition General Assembly Of North Carolina Session 2021 "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 createdwith suchfundsshall terminateat theearlierofthefunds 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$546,596,104 Total Estimated Funding $2,243,956,854$2,243,955,888 … "SECTION 5.(e) To the extent that current or future federal guidelines permit, the Office of Recovery and Resiliency (Office) shall administer the federal funds received for the Emergency Rental Assistance program described in this section in accordance with the following:
(1) Local governments listed in subdivision (3) of this subsection that received direct allocations from the federal Emergency Rental Assistance program shall be provided their maximum allotment, minus any pro-rata adjustments authorized in subsection (f) of this section, from the Office as described in subdivision (3) of this subsection and shall manage those funds in accordance with local priorities and federal requirements.
Local governments that received direct allocations from the federal Emergency Rental Assistance program must exhaust their direct allocations before expending any of the State allotment provided in subdivision (3).
The State allotments provided to local governments thatreceiveddirect allocations fromthefederal Emergency Rental Assistance program may be reallotted following the submission of the report described in subsection (g) of this section.
(2) Allotments as listed in subdivision (3) of this subsection for counties that did not receive a direct allocation from the federal Emergency Rental Assistance program are the maximum aggregate amount to be provided to recipients renting housing in the respective county and the Office shall reserve the maximum amount to the respective county, minus any pro-rata adjustments authorized in subsection (f).
The Office shall provide awards to recipients residing in the local governments described in this subdivision based upon the actual amount of monthly rent owed by the tenant pursuant to the rental agreement or the actual amount of utilitycosts owed bythe recipient and shall not be subject to any allowable average or other formula-based calculation.
The Office shall continue to provide awards for each county until the maximum allotment amount has been exhausted.
(3) The Office shall reserve or allot a maximum amount of federal funds it receives to eligible residents in each county in accordance with the following schedule:
COUNTY MAXIMUM ALLOCATION Alamance County $11,177,275 Alexander County 2,607,617 Senate Bill 172*-First Edition Page 7 General Assembly Of North Carolina Session 2021 Alleghany County 1,027,666 Anson County 2,288,574 Ashe County 2,502,784 Avery County 1,464,404 Beaufort County 3,635,144 Bertie County 1,910,763 Bladen County 2,959,405 Brunswick County 8,567,652 Buncombe County 10,126,014 Burke County 7,221,473 Cabarrus County 4,950,299 Caldwell County 6,474,413 Camden County 596,667 Carteret County 4,421,190 Caswell County 1,686,049 Catawba County 11,358,378 Chatham County 4,051,162 Cherokee County 2,557,195 Chowan County 1,130,810 Clay County 911,054 Cleveland County 8,136,058 Columbus County 5,366,755 Craven County 7,314,289 Cumberland County 17,398,891 Currituck County 1,500,884 Dare County 2,244,054 Davidson County 11,879,803 Davie County 2,565,624 Duplin County 4,996,991 Durham County 9,088,034 Edgecombe County 4,823,644 Forsyth County 16,010,132 Franklin County 4,642,382 Gaston County 8,405,226 Gates County 815,259 Graham County 704,205 Granville County 4,254,418 Greene County 1,803,582 Guilford County 20,578,731 Halifax County 4,935,567 Harnett County 9,344,006 Haywood County 4,614,768 Henderson County 7,279,220 Hertford County 2,135,606 Hoke County 4,359,892 Hyde County 437,682 Iredell County 10,172,569 Jackson County 3,516,245 Johnston County 6,419,397 Jones County 777,951 Lee County 4,445,554 Page 8 Senate Bill 172*-First Edition General Assembly Of North Carolina Session 2021 Lenoir County 5,353,061 Lincoln County 4,669,742 McDowell County 3,771,421 Macon County 2,961,393 Madison County 1,660,905 Martin County 2,176,093 Mecklenburg County 27,611,773 Mitchell County 1,199,640 Montgomery County 2,233,607 Moore County 6,029,938 Nash County 7,080,463 New Hanover County 8,580,925 Northampton County 1,872,052 Onslow County 14,937,799 Orange County 7,636,241 Pamlico County 926,072 Pasquotank County 2,970,212 Pender County 3,990,020 Perquimans County 1,012,833 Person County 2,766,703 Pitt County 13,043,584 Polk County 1,483,152 Randolph County 10,953,729 Richmond County 4,228,682 Robeson County 13,728,554 Rockingham County 7,784,158 Rowan County 10,433,316 Rutherford County 5,750,933 Sampson County 5,278,982 Scotland County 3,395,528 Stanly County 4,117,222 Stokes County 3,328,179 Surry County 5,640,906 Swain County 1,183,813 Transylvania County 2,362,488 Tyrrell County 407,359 Union County 3,408,310 Vance County 4,208,012 Wake County 16,789,357 Warren County 2,036,688 Washington County 1,102,152 Watauga County 4,158,631 Wayne County 10,312,712 Wilkes County 5,778,403 Wilson County 7,371,289 Yadkin County 2,826,767 Yancey County 1,448,898 TOTAL $546,596,104 SECTION 5.(f) In accordance with applicable federal guidelines, the Office shall establish a hotline to provide eligible households with case management and other services related to the COVID-19 pandemic.
The Office may use up to ten percent (10%) of funds received from the Senate Bill 172*-First Edition Page 9 General Assembly Of North Carolina Session 2021 Emergency Rental Assistance Program for the hotline, housing stability services, and administrative costs;
however, no more than three percent (3%) of funds received for the Emergency Rental Assistance program may be used for administrative costs.
Expenses incurred under this subsection for housing stability services or administrative costs shall be deducted pro-rata from the maximum allotments by county listed in subdivision (3) of subsection (e) of this section.
SECTION 5.(g) The Office shall submit a report no later than May 15, 2021, to the Chairs of the House Appropriations Committee, the Chairs of the Senate Appropriations/Base Budget Committee, and the Fiscal Research Division containing at least all of the following:
(1) Amount of federal funds received from the Consolidated Appropriations Act, 2021, P.L.
116-260, actually expended, by county for rent and by county for utilities, under the Emergency Rental Assistance program.
(2) Amount of federal funds received from the Consolidated Appropriations Act, 2021, P.L.
116-260, contractually obligated, by county for rent and by county for utilities, under the Emergency Rental Assistance program.
(3) Recommendations on statewide reallotments, by county, needed in advance of the federal deadline for reallocation of unused funds, including rationale for the recommended reallotments and an estimate of the outstanding needs by county.
SECTION 3.4.(l) In the event that the actual total amount of federal funds received from the Emergency Rental Assistance program differs from the amount listed in subsection (d) or (f) of this section, the Office shall distribute the increased or reduced amounts proportionally in accordance with the applicable maximum allotments.
SECTION 5.(h) In the event that the actual total amount of federal funds received from the Emergency Rental Assistance program differs from the amount listed in Section 5(b) of S.L.
ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF FUND/USE OF FUNDS SECTION 3.5.
2021-1, the Office shall distribute the increased or reduced amounts proportionallyin accordance with the maximum county allotments." APPROPRIATION OF CERTAIN FEDERAL BLOCK GRANT FUNDS FOR DHHS SECTION 1.5.(a) There is appropriated from federal Child Care and Development Block Grant funds received for the fiscal year ending June 30, 2021, pursuant to the federal Consolidated Appropriations Act, 2021, to the Department of Health and Human Services, Division of Child Development and Early Education (Division), the sum of three hundred thirty-five million nine hundred twelve thousand three hundred ninety-three dollars ($335,912,393) in nonrecurring funds for the following initiatives in response to the COVID-19 pandemic:
The Elementary and Secondary School Emergency Relief Fund funds appropriated in Section 3.2 of this act shall only be used by the Department of Public Instruction to allocate federal grant funds to public school units pursuant to subsection (d) of section 2001 of the American Rescue Plan Act.
(1) Cleaning and sanitation.
CONSTRUCTION OF PART SECTION 3.6.
(2) Copayment assistance for families receiving subsidized childcare.
Nothing in this Part shall be construed as appropriating funds paid to the State from (i) the Coronavirus State Fiscal Recovery Fund pursuant to the authorization set forth in section 602 of the Social Security Act or (ii) the Coronavirus Capital Projects Fund pursuant to the authorization set forth in section 604 of the Social Security Act.
(3) The North Carolina General Assembly encourages the Division to use a portion of the funds appropriated under this section to address earlychildhood education learning loss, including summer enrichment activities.
PART IV.
(4) Upon maximizing the use of funds for initiatives under subdivisions (1) through (3) of this section, the Division may use funds for operational grants to childcare providers in accordance with Section 3.3(106a) of S.L.
TECHNICAL AND OTHER CHANGES EXTEND DATE FOR USE OF CERTAIN DISASTER RECOVERY FUNDS SECTION 4.1.(a) Funds allocated to OSBM to be used as directed grants under sub-subdivisions f.
2020-4, as amended.
and i.
The Division shall not use funds appropriated pursuant to this subsection for staff bonuses.
through l.
SECTION 1.5.(b) There is appropriated from federal Community Mental Health Services Block Grant funds received for the fiscal year ending June 30, 2021, pursuant to the federal Consolidated Appropriations Act, 2021, to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, the sum of forty-seven million four hundred sixty-five thousand eight hundred dollars ($47,465,800) in nonrecurring funds for mental health services in response to the COVID-19 Page 10 Senate Bill 172*-First Edition General Assembly Of North Carolina Session 2021 pandemic.
of subdivision (2) of Section 2.1 of S.L.
Of the funds appropriated under this section, the sum of two million one hundred thousand dollars ($2,100,000) shall be allocated for the North Carolina Statewide Telepsychiatry Program (NC-STeP).
2019-224 that have not been expended by June 30, 2021, shall remain available to implement the purposes of the directed grant until June 30, 2024.
SECTION 1.5.(c) There is appropriated from federal Substance Abuse Prevention and Treatment Block Grant funds received for the fiscal year ending June 30, 2021, pursuant to the federal Consolidated Appropriations Act, 2021, to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, the sum of eleven million two hundred forty-nine thousand forty-six dollars ($11,249,046) in nonrecurring funds to provide services across the State to those in need due to the COVID-19 pandemic.
Funds that are not expended, made subject to an encumbrance, or disbursed to another entity, as of June 30, 2024, shall revert to the Hurricane Florence Disaster Recovery Fund in accordance with Section 3.1(c) of S.L.
ALLOCATION OF ELC ENHANCING DETECTION THROUGH CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL FUNDS SECTION 1.6.
2018-134.
Funds received pursuant to Division M, Title III of the Consolidated Appropriations Act, 2021 (P.L.
SECTION 4.1.(b) Section 3.1(c) of S.L.
116-260), and appropriated under Section 1.1(a) of this act as Enhancing Detection Through Coronavirus Response and Relief Supplemental Funds are allocated to the Department of Health and Human Services, Division of Public Health, in the amounts received in the notification of award from the federal government, for use in accordance with guidance and regulations for the Centers for Disease Control and Prevention's Emerging and Infection Disease Program (ELC) Enhancing Detection Expansion cooperative agreement as follows:
2019-224 reads as rewritten:
(1) $84,000,000 to be allocated to local health departments based upon the percentage of the State population served by each of the local health departments.
"SECTION 3.1.(c) Directed Grants;
Local health departments may not use the funds allocated under this subdivision for any purpose other than a purpose allowed under the ELC Enhancing Detection Expansion cooperative agreement grant.
Sunset.
Local health departments shall use these allocated funds to supplement and not supplant existing funds for such allowable purposes.
– This section expires on June 30, 2021.2024." SECTION 4.1.(c) This section becomes effective June 30, 2021.
(2) $15,000,000 to be allocated to the North Carolina Policy Collaboratory (Collaboratory) at the University of North Carolina at Chapel Hill through a grant agreement, subcontract, or other subrecipient agreement that addresses, formally and in writing, the arrangements for the Collaboratory to meet the programmatic, administrative, financial, and reporting requirements of the ELC Enhancing Detection Expansion cooperative agreement grant, including those necessary to ensure compliance with all applicable federal regulations and policies.
YMCA/REVISE USE OF COVID-19 FUNDS SECTION 4.2.
The Collaboratory shall use these funds to develop and manage a plan for an initiative to implement alternative COVID-19 surveillance methods throughout the State utilizing the resources of The University of North Carolina and other partnerships that complements the activities of the Division of Public Health with respect to alternative COVID-19 surveillance methods.
Section 3.3(103a) of S.L.
The plan may include, but is not limited to, wastewater surveillance and genetic sequencing to identify and catalog variant strains of SARS-CoV-2.
2020-4, as enacted by Section 1.2 of S.L.
In developing the plan, the Collaboratory, in consultation with the Division of Public Health, shall ensure the following:
2020-97 and amended by Section 3.2 of S.L.
a.
That all plan components comply with the goals and intent of the ELC Enhancing Detection Expansion cooperative agreement grant.
b.
That the plan outlines a method for implementing the alternative COVID-19 surveillance methods utilizing the resources of The University of North Carolina.
c.
That the plan includes alternative COVID-19 surveillance methods for as many of the 17 constituent institutions of The University of North Senate Bill 172*-First Edition Page 11 General Assembly Of North Carolina Session 2021 Carolina as feasible.
The plan may include additional sites at the discretion of the Collaboratoryand subject to approval bythe Division of Public Health.
The Division of Public Health shall not allocate any funds to the Collaboratory under this subdivision, and the Collaboratory shall not expend any funds allocated under this subdivision, until the CDC approves of expending ELC Enhancing Detection Expansion cooperative agreement grant funds as outlined in this subdivision and in the plan developed pursuant to this subdivision.
In the event (i) the CDC disapproves of expending these funds as outlined in this subdivision, including any components of the plan developed pursuant to this subdivision, and (ii) the Collaboratory is unable to gain subsequent CDC approval through revisions to any disapproved plan components, then the CDC-disapproved plan components shall not be implemented, and the Division of Public Health may use unexpended funds from disapproved plan components for any other CDC-approved activity allowed under the ELC Enhancing Detection Expansion cooperative agreement grant.
APPROPRIATION OF FEDERAL GRANT FUNDS TO GDAC FOR COVID-19 UPGRADES TO THE NC COVID VACCINE MANAGEMENT SYSTEM AND NC HEALTHCONNEX SECTION 1.6A.
To the extent allowed under applicable federal laws and guidance, the Department of Health and Human Services (DHHS) shall allocate to the Department of Information Technology, Government Data Analytics Center (GDAC), the sum of up to three million dollars ($3,000,000) from the COVID-19 Vaccine Preparedness grant funds described in Section 5(b) of S.L.
2021-1 or from Federal Emergency Management Agency (FEMA) funds;
provided, however, that the total amount of the allocation shall not exceed the actual costs of the projects authorized by this section.
These funds shall be used to cover the costs of (i) integration of the NC COVID Vaccine Management System (CVMS) with the statewide health information exchange network known as NC HealthConnex and (ii) added functionality to both CVMS and NC HealthConnex to support existing efforts to improve the State's public health response to COVID-19.
In the event the federal government disapproves of the DHHS allocating the COVID-19 Vaccine Preparedness grant funds described in Section 5(b) of S.L.
2021-1 or FEMA funds to the GDAC for these purposes, the DHHS shall allocate to the GDAC up to three million dollars ($3,000,000) of the ELC Enhancing Detection through Coronavirus Response and Relief Supplemental funds described in Section 1.1(a) of this act to cover the costs of the projects authorized by this section.
APPROPRIATION OF CRRSAA FUNDS RECEIVED FOR TRANSPORTATION PURPOSES AND OTHER ACTIONS TO BE TAKEN BY THE DEPARTMENT OF TRANSPORTATION SECTION 1.7.(a) Grants-In-Aid for Airports.
– Federal funds in the amount of one million eighty-five thousand four hundred eighty-six dollars ($1,085,486) received pursuant to the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (CRRSAA), for Grants-In-Aid for Airports are appropriated to the Department of Transportation (Department) in the amounts set forth in the Federal Aviation Administration (FAA) "Airports Coronavirus Recovery Grants Program Allocations," dated February 19, 2021, and any amendments, to be used and allocated by the Department in accordance with the regulations and guidance issued by the FAA.
SECTION 1.7.(b) Highway Infrastructure Programs.
– Federal funds received pursuant to the CRRSAA for Highway Infrastructure Programs are appropriated to the Page 12 Senate Bill 172*-First Edition General Assembly Of North Carolina Session 2021 Department of Transportation in the amounts set forth in the Federal Highway Administration (FHWA) "Apportionment of Highway Infrastructure Program Funds Pursuant to The Coronavirus Response and Relief Supplemental Appropriations Act, 2021," dated January 15, 2021 (FHWA Apportionment Notice), and any amendments, for use in accordance with FHWA regulations and guidance, and allocated by the Department as follows:
(1) $30,000,000 to the Department for maintenance activities within theRoadside Environmental Unit for litter removal and other activities programmed within the Roadside Environmental Unit.
Notwithstanding G.S.
143C-6-11.1, these funds are hereby incorporated into the Department Spend Plan to be spent by the Department as allocated by this section.
(2) $199,282,615 to the Highway Trust Fund to advance State Transportation Improvement Program (STI) projects delayed by the Department to prevent, prepare for, and respond to the coronavirus.
Any remaining funds shall be used to advance delayed bridge replacement and interstate maintenance.
(3) $29,454,289 to be suballocated to urbanized areas with a population of over 200,000 as set forth in the FHWA Apportionment Notice for use by the recipient in accordance with FHWA regulations and guidelines.
SECTION 1.7.(c) Transit Infrastructure Grants.
– Federal funds in the amount of seven hundred eighty-one thousandeight hundredsixty-onedollars ($781,861) receivedpursuant to the CRRSAA for the Enhanced Mobility of Seniors and People with Disabilities Program (49 U.S.C.
§ 5310) are appropriated to the Department of Transportation in the amounts set forth in the Federal Transit Administration (FTA) "Table 5:
CRRSAA Apportionments for Enhanced Mobility for Seniors and Individuals with Disabilities (Section 5310)," last updated January 11, 2021, and any amendments, to be used and allocated by the Department in accordance with the regulations, guidance, and formulas issued by the FTA and the Department.
SECTION 1.7.(d) Salary Increases Prohibited.
– CRRSAA funds appropriated by this section maynot beused to increasethesalaryorbenefits, orboth, of aDepartment employee.
SECTION 1.7.(e) Additional Funds for the Roadside Environmental Fund.
– Of the funds appropriated from the Highway Fund to the Department of Transportation for the 2020-2021 fiscal year, the sum of thirtymillion dollars ($30,000,000) in nonrecurring funds shall be allocated to the Roadside Environmental Fund for litter removal and other activities programmed within the Roadside Environmental Unit.
Notwithstanding G.S.
143C-6-11, these funds are hereby incorporated into the Department Spend Plan to be spent by the Department as allocated by this subsection.
The funds allocated and authorized for expenditure under this subsection are in addition to the ninety million dollars ($90,000,000) authorized in the Spend Plan, dated December 2, 2020 (Spend Plan), for expenditure by the Roadside Environmental Unit, and the CRRSAA funds allocated to the Roadside Environmental Unit in subdivision (1) of subsection (b) of this section.
CRRSAA funds appropriated in subsection (b) of this section shall not be used to replace funds allocated by this subsection or authorized for expenditure by the Roadside Environmental Unit in the Spend Plan.
SECTION 1.7.(f) Report.
– Each fiscal quarter, the Department of Transportation shall report to the Joint Legislative Transportation Oversight Committee on the use of the funds appropriated in this section until all the CRRSAA funds are expended or have reverted.
REPORT ON USE OF FEDERAL GRANT FUNDS SECTION 1.8.(a) The use of federal grant funds received under this Part 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 Senate Bill 172*-First Edition Page 13 General Assembly Of North Carolina Session 2021 number of full-time equivalent (FTE) positions established with funds received and, for each FTE position 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 Part, 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 Part, beginning April 1, 2021, and quarterly thereafter, shall submit the report to the Department of Public Instruction.
The Department of Public Instruction, beginning May 1, 2021, and quarterly thereafter, 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 agencyor department receiving federal grant funds under this Part, beginning April 1, 2021, shall submit the report to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division.
SECTION 1.8.(b) The appropriation of funds under this Part 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.
PART II.
VARIOUS CHANGES TO COVID-19 PANDEMIC RELIEF LEGISLATION MEDICAID TEMPORARILY-INCREASED REIMBURSEMENT RATES SECTION 2.1.
Section 4.6 of S.L.
2020-4 reads as rewritten:
"SECTION 4.6.
In addition to the five percent (5%) rate increases already requested by the Department of Health and Human Services (DHHS) in the 1135 Medicaid disaster State Plan amendment (SPA) submitted to the Centers for Medicare and Medicaid Services on April 8, 2020, for certain provider types, DHHS shall increase the fee-for-service Medicaid rates paid directly by the Division of Health Benefits for all remaining provider types by five percent (5%).
The rate increases authorized under this section shall be effective March 1, 2020.
Any rate increases authorized under this section shall expire on the earlier of the following dates:
(1) The date the declared nationwide public health emergency as a result of the 2019 novel coronavirus expires.
(2) The date Executive Order No.
116, Declaration of a State of Emergency to Coordinate Response and Protective Actions to Prevent the Spread of COVID-19 expires or is rescinded.
(3) March 31, 2021.June 30, 2021." STUDENT CONNECTIVITY FUNDS FOR COMPLEMENTARY INTERNET SERVICE SECTION2.2.
Section3.3ofS.L.2020-4, as amendedbySection3ofS.L.2020-32, Section4ofS.L.2020-49,Section1.1(d)ofS.L.2020-80,Section3B(b)ofS.L.2020-88,Section 4.9(a) of S.L.
2020-91, Section 1.2 of S.L.
2020-97, and Section 3.2 of S.L.
"(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 Senate Bill 172-Second Edition Page 7 General Assembly Of North Carolina Session 2021 COVID-19 pandemic.
"SECTION 3.3.
Of the funds allocated under this subdivision, the Alliance and YMCA may use a total of five hundred thousand dollars ($500,000) for administrative costs.
Allocations of Funds.
For purposes of the grant program, the YMCA shall serve only as the fiscal agent for the Alliance.
– OSBM shall allocate the funds appropriated in Section 3.2 of this act as follows:
The following shall apply to the grant program developed and administered by the Alliance pursuant to this subdivision:
… (8) $21,000,000 to the Department of Public Instruction to improve Internet internet connectivity for students, in response to COVID-19, by providing communityand homemobile Internet internet access points.
Thesefundsshall be used only for the purchase of devices and not for subscription services.
For Page 14 Senate Bill 172*-First Edition General Assembly Of North Carolina Session 2021 purposes of this subdivision, the term "subscription services" does not include internet service provided as part of the purchase price of a device or internet service purchased for a device without an ongoing monthly subscription.
…." 6 EXTEND WAIVER OF UNC STUDENT INTEREST CHARGES ON PAST DUE ACCOUNTS SECTION 2.3.
Section 2.28 of S.L.
2020-3 reads as rewritten:
"SECTION 2.28.
Notwithstanding G.S.
147-86.23, a constituent institution of The University of North Carolina shall not accrue or charge any interest to a past-due account receivable held by a student between March 13, 2020, and September 15, 2020.December 31, 2021." PROVIDE TEMPORARY EXCEPTION TO LEAVE RULES FOR UNC STATE EMPLOYEES SECTION 2.4.(a) Employees of The University of North Carolina who are subject to the North Carolina Human Resources Act may use accrued sick, vacation, and bonus leave for any coronavirus disease 2019 (COVID-19) related absences, including child care or inability to telework.
This section does not apply to leave options related to (i) terminal leave payouts for transfers, separations, or reductions in force, (ii) terminal use of leave prior to retirement, or (iii) unpaid time due to placement on a temporary emergency furlough.
SECTION 2.4.(b) This section expires December 31, 2021.
EXTEND VIRTUAL CHARTER SCHOOL ENROLLMENT AUTHORITY SECTION 2.5.
Section 3.2 of S.L.
2020-97 reads as rewritten:
"SECTION 3.2.(a) Notwithstanding Section 8.35(b) of S.L.
2014-100, as amended by Section 7.13 of S.L.
2018-5, the two virtual charter schools participating in the pilot program pursuant to Section 8.35 of S.L.
2014-100, as amended, shall be permitted to increase student enrollment for the 2020-2021 school year and 2021-2022 school year only as follows:
(i) North Carolina Cyber Academy shall be permitted to increase its enrollment by 1,000 students and (ii) North Carolina Virtual Academy shall be permitted to increase its enrollment by 2,800 students.
A virtual charter school permitted an increase in student enrollment pursuant to this section shall give enrollment priority to students for the 2021-2022 2022-2023 school year who were enrolled in the school for the 2020-2021 school year prior to the date this act became law.
"SECTION 3.2.(b) The virtual charter schools shall provide an interim report reports by March 15, 2021, and March 15, 2022, and a final report by November 15, 2021, 2022, to the Joint Legislative Education Oversight Committee, on the impact of the increase in student enrollment permitted bysubsection (a) of this section, including data on where students had been previously enrolled by local school administrative unit, charter school, or nonpublic school, the grade level of students, the withdrawal rate of students after enrollment, and any student performance and accountability data." ABUSE CLAIM FILING DEADLINE SECTION 2.6.(a) Subsection (b) of Section 4.2 of S.L.
2019-245 reads as rewritten:
"SECTION 4.2.(b) Effective from January1, 2020, until December 31, 2021, December 31, 2022, this section revives any civil action for child sexual abuse otherwise time-barred under G.S.
1-52 as it existed immediately before the enactment of this act." SECTION 2.6.(b) This section is effective when it becomes law.
REQUIRE LOCAL GOVERNMENTS TO ISSUE TEMPORARY CERTIFICATE OF COMPLIANCE/OCCUPANCY TO HEALTH SERVICE FACILITIES Senate Bill 172*-First Edition Page 15 General Assembly Of North Carolina Session 2021 SECTION 2.7.(a) Notwithstanding G.S.
136-18(5), 136-18(29), 136-93, 160D-1116, and any other provision of law to the contrary, a local government shall issue a temporary certificate of compliance and temporary certificate of occupancy to a health service facility (facility) allowing for the full operational use of the facility in the following circumstances:
(1) The facility building is currently under construction, and the scheduled construction completion date for the building will occur before recission of the COVID-19 emergency declaration.
(2) Subject to subdivision (3) of this section, the facility building complies with all applicable State and local laws and the terms of the building permit, and the facility building may be safely occupied.
(3) The only portions of the construction project remaining to be completed are off-site improvements to public roadways that were identified by the Traffic Impact Analysis for the project and required as conditions for the approval of the permit, and the facility agrees to (i) complete the roadway improvements within 18 months of the date of the certificate of occupancy and (ii) post a corresponding performance bond or letter of credit.
The performance bond completion date and letter of credit expiration date, and all other terms of both instruments, shall remain in force notwithstanding the recission of the COVID-19 emergency declaration prior to the completion of the roadway improvements.
For purposes of this section, the term "local government" has the same meaning as in G.S.
160D-1116, the term "health service facility" has the same meaning as in G.S.
131E-176, and the term "COVID-19 emergency declaration" means Executive Order No.
116 issued March 10, 2020.
SECTION 2.7.(b) This section is effective when it becomes law and expires upon recission of the COVID-19 emergency declaration or upon completion of the roadway improvements as agreed to by the facility, whichever is later.
VACCINE ADMINISTRATION/PHARMACY TECHNICIANS AND INTERNS SECTION 2.8.(a) Section 3D.3 of S.L.
2020-3 reads as rewritten:
"… "SECTION3D.3.(c1) TheStateHealthDirectorshallamend,reissue,orreplaceanyexisting statewide standing order issued pursuant to this section, to ensure that the statewide standing order is consistent with federal law and guidance pertaining to qualified individuals who may administer a COVID-19 vaccine, including P.L.
109-148, "The Public Readiness and Emergence Preparedness Act," as amended, and associated declarations of public health emergencies and advisory opinions issued by the Secretary of the United States Department of Health and Human Services.
"SECTION 3D.3.(d) All of the following individuals shall be immune from any civil or criminal liability for actions authorized by this section as follows:
(1) The State Health Director acting pursuant to this section.
(2) Any pharmacist or qualified individual under State or federal law who administers a COVID-19 immunization or vaccine pursuant to a statewide standing order issued under this section.
…." SECTION 2.8.(b) This section is effective when it becomes law.
PHARMACISTS/LONG-ACTING INJECTABLES SECTION 2.9.(a) G.S.
90-85.15B is amended by adding a new subsection to read:
Page 16 Senate Bill 172*-First Edition General Assembly Of North Carolina Session 2021 "(c1) An immunizing pharmacist may administer a long-acting injectable medication to persons at least 18 years of age pursuant to a specific prescription order by a prescriber.
An immunizing pharmacist who administers a long-acting injectable medication pursuant to this section shall do all of the following:
(1) Maintain a record of any administration of a long-acting injectable performed by the immunizing pharmacist to the patient in a patient profile or record.
(2) Within 72 hours after the administration of the long-acting injectable performed by the immunizing pharmacist to the patient, notify the patient's primary care provider identified by the patient." SECTION 2.9.(b) G.S.
90-85.3(i1) reads as rewritten:
"(i1) "Immunizingpharmacist"means alicensedpharmacist whomeets all ofthefollowing qualifications:
… (6) Administers vaccines vaccines, long-acting injectable medications, or immunizations in accordance with G.S.
90-18.15B." SECTION 2.9.(c) The North Carolina Board of Pharmacy may adopt temporary rules to implement this section.
SECTION 2.9.(d) This section becomes effective October 1, 2021.
NOTARY/VIDEO WITNESS EXTENSIONS SECTION 2.10.(a) G.S.
10B-25(n) reads as rewritten:
"(n) This section shall expire at 12:01 A.M.
on March 1, 2021;
December 31, 2021;
provided, however, all notarial acts made in accordance with this section and while this section is in effect shall remain effective and shall not need to be reaffirmed." SECTION 2.10.(b) G.S.
10B-200(b) reads as rewritten:
"(b) This Article expires March 1, 2021.December 31, 2021." SECTION 2.10.(c) This section becomes effective March 1, 2021.
VIRTUAL EDUCATION REQUIREMENTS/REAL ESTATE APPRAISERS SECTION 2.11.(a) The North Carolina Appraisal Board may amend, extend, or adopt emergency rules to modify any educational requirements implemented by the Board, in accordance with Section 3.20 of S.L.
2020-97.
Notwithstanding Section 3.20(e) of S.L.
2020-97, any emergency rules adopted pursuant to this section shall expire on December 31, 2021.
SECTION 2.11.(b) This section is effective when it becomes law.
TEMPORARY SUSPENSION OF DHHS INSPECTIONS FOR CERTAIN LICENSED FACILITIES SECTION 2.12.
Section 3E.3(c) of S.L.
2020-3 reads as rewritten:
"SECTION 3E.3.(c) This section is effective when it becomes law and expires 60 days after Executive Order No.
116 is rescinded, or December 31, 2020, December 31, 2021, whichever is earlier." HEALTH CARE PROVIDER LIABILITY CLARIFICATION SECTION 2.13.(a) Section 3D.7(b) of S.L.
2020-3 reads as rewritten:
"SECTION 3D.7.(b) This section is effective when it becomes law and applies to acts or omissions occurring during the time of Executive Order No.
116 issued on March 10, 2020, by Governor Roy A.
Cooper, and any subsequent time period during which a state of emergency is declared to be in effect during calendar year 2020 by the Governor in response to COVID-19." SECTION 2.13.(b) This section is effective when it becomes law and applies retroactively to acts and omissions occurring on or after May 4, 2020.
Senate Bill 172*-First Edition Page 17 General Assembly Of North Carolina Session 2021 VACCINE VOLUNTEERS SECTION 2.14.(a) G.S.
90-21.132(7) is amended by adding a new sub-subdivision to read:
"(7) Health care provider.
– … j.
An individual who volunteers to assist a State agency, department, or approved organization in the administration of COVID-19 vaccinations, including clinical, clinical support, and nonclinical support activities." SECTION 2.14.(b) This section is effective when it becomes law and applies retroactively to acts or omissions occurring during the time of Executive Order No.
116 issued on March 10, 2020, by Governor Roy A.
Cooper.
ADULT CARE HOMES LICENSURE CLARIFICATION SECTION 2.15.(a) G.S.
131D-2.4 reads as rewritten:
"§ 131D-2.4.
Licensure of adult care homes for aged and disabled individuals;
impact of prior violations on licensure;
compliance history review;
license renewal.
(a) Definitions.
– The following definitions apply in this section:
(1) Person.
– An individual;
a trust or estate;
a partnership;
a corporation;
or any grouping of individuals, each of whom owns five percent (5%) or more of a partnership or corporation, who collectively own a majority interest of either a partnership or a corporation.
(2) Owner.
– Any person who has or had legal or equitable title to or a majority interest in an adult care home.
(3) Affiliate.
– An adult care home that shares with another adult care home any of the following:
For the first round of grants awarded through the grant program developed and administered pursuant to this subdivision, all of the following shall apply:
A common owner.
b.
A common principal.
c.
A common licensee.
(4) Principal.
– Any person who is or was the owner or operator of an adult care home, an executive officer of a corporation that does or did own or operate an adult care home, a general partner of a partnership that does or did own or operate an adult care home, or a sole proprietorship that does or did own or operate an adult care home.
(a1) Licensure.
– Except for those facilities exempt under G.S.
131D-2.3, the Department of Health and Human Services shall inspect and license all adult care homes.
The Department shall issue a license for a facility not currently licensed as an adult care home for a period of six months.
If the licensee demonstrates substantial compliance with Articles 1 and 3 of this Chapter and rules adopted thereunder, the Department shall issue a license for the balance of the calendar year.
A facility not currently licensed as an adult care home that was licensed as an adult care home within the preceding 12 months is considered an existing health service facility for the purposes of G.S.
131E-184(a)(8).
(b) Compliance History Review.
– Prior to issuing a new license or renewing an existing license, the Department shall conduct a compliance history review of the facility and its principals and affiliates.
The Department may refuse to license a facility when the compliance history review shows a pattern of noncompliance with State law by the facility or its principals or affiliates, or otherwise demonstrates disregard for the health, safety, and welfare of residents in current or past facilities.
The Department shall require compliance history information and make its determination according to rules adopted by the Medical Care Commission.
(c) Prior Violations.
– No new license shall be issued for any adult care home to an applicant for licensure under any of the following circumstances for the period of time indicated:
Page 18 Senate Bill 172*-First Edition General Assembly Of North Carolina Session 2021 (1) Was the owner, principal, or affiliate of a licensable facility under this Chapter, Chapter 122C, or Article 7 of Chapter 110 of the General Statutes and was responsible for the operation of the facility that had its license revoked until five years after the date the revocation became effective.
(1a) Was the owner, principal, or affiliate of a licensable facility under this Chapter, Chapter 122C, or Article 7 of Chapter 110 of the General Statutes and was responsible for the operation of the facility that had its license summarily suspended until five years after the date the suspension was lifted or terminated.
(2) Is the owner, principal, or affiliate of an adult care home and is responsible for the operation of the facility that was assessed a penalty for a Type A or Type B violation until the earlier of one year from the date the penalty was assessed or until the home has substantially complied with the correction plan established pursuant to G.S.
131D-34 and substantial compliance has been certified by the Department.
(3) Is the owner, principal, or affiliate of an adult care home and is responsible for the operation of the facility that had its license downgraded to provisional status or had its admissions suspended as a result of violations under this Article, Chapter 122C, or Article 7 of Chapter 110 of the General Statutes until six months from the date of restoration from provisional to full licensure, termination of the provisional license, or lifting or termination of the suspension of admissions, as applicable.
A provisional license or suspension of admissions for which an appeal is pending is exempt from consideration under this subdivision.
(4) Repealed by Session Laws 2017-184, s.
1, effective October 1, 2017.
(5) Is or was the owner, principal, or affilate of an adult care home and is responsible for the operation of the facility where outstanding fees, fines, and penalties imposed by the State against the facility have not been paid.
Fines and penalties for which an appeal is pending are exempt from consideration under this subdivision.
An applicant for new licensure may appeal a denial of certification of substantial compliance under subdivision (2) of this subsection byfiling with the Department a request for review bythe Secretary within 10 days of after the date of denial of the certification.
Within 10 days of after receipt of the request for review, the Secretaryshall issue to the applicant a written determination that either denies certification of substantial compliance or certifies substantial compliance.
The decision of the Secretary is final.
(d) License Renewals.
– License renewals shall be valid for one year from the date of renewal unless revoked earlier bythe Secretaryfor failure to comply with any part of this section or any rules adopted hereunder.
under this section.
Licenses shall be renewed annually upon filing and the Department's approval of the renewal application.
The Department shall not renew a license if outstanding fees, fines, and penalties imposed by the State against the home have not been paid.
Fines and penalties for which an appeal is pending are exempt from consideration.
The renewal application shall contain all necessary and reasonable information that the Department may require.
(e) In order for an adult care home to maintain its license, it shall not hinder or interfere with the proper performance of duty of a lawfully appointed community advisory committee, as defined by G.S.
131D-31 and G.S.
131D-32.
(f) The Department shall not issue a new license for a change of ownership of an adult care home if outstanding fees, fines, and penalties imposed by the State against the home have not been paid.
Fines and penalties for which an appeal is pending are exempt from consideration.
The consent of the current licensee is not a required prerequisite to a change of ownership of an Senate Bill 172*-First Edition Page 19 General Assembly Of North Carolina Session 2021 adult care home if the current licensee has (i) been removed from the facility pursuant to Articles 3 and 7 of Chapter 42 of the General Statutes or (ii) abandoned the facility, as determined by the Department's reasonable discretion.
(g) Any applicant for licensure who wishes to contest the denial of a license is entitled to an administrative hearing as provided in Chapter 150B of the General Statutes.
The applicant shall file a petition for a contested case within 30 days after the date the Department mails a written notice of the denial to the applicant." SECTION 2.15.(b) This section supersedes anyprovision of 10A NCAC 13F .0201, or any other provision of the North Carolina Administrative Code, to the contrary.
As promptly as practicable, the Medical Care Commission shall amend and update 10A NCAC 13F .0201 and any other impacted rule to reflect the changes enacted by this section.
SECTION2.15.(c) Thissectionapplies to (i)applications fornewlicenses submitted to the Department of Health and Human Services, Division of Health Service Regulation (DHSR), on or after the effective date of this section, (ii) applications for the renewal of existing licenses submitted to the DHSR on or after the effective date of this section, and (iii) licenses downgraded by DHSR within the six-month period preceding the effective date of this section.
LIMIT PAPERWORK FOR CERTAIN UNCLAIMED PROPERTY SECTION 2.16.
Section 2.6(b) of S.L.
2020-80 is repealed.
TEMPORARY FLEXIBILITY QIPS/EXTEND SUNSET SECTION 2.17.
Section 3D.5(e) of S.L.
2020-3 reads as rewritten:
"SECTION 3D.5.(e) This section is effective when it becomes law and expires December 31, 2021.December 31, 2022." PRESCRIPTION DRUG ACCESS FOR CERTAIN EXPIRED IDENTIFICATION SECTION 2.18.(a) Notwithstanding the provisions of subsection (h) of G.S.
90-91, subsection (d) of G.S.
90-93, subsection (a) of G.S.
90-106.1, G.S.
90-113.52, or any other provision of law to the contrary, a pharmacist may dispense the following controlled substances to individuals who present (i) a valid prescription for the controlled substance, if one is required under current law, and (ii) a North Carolina drivers license or identification card that expired while Executive Order No.
116 (2020), Declaration of a State of Emergency to Coordinate Response and Protective Actions to Prevent the Spread of COVID-19, remains in effect:
(1) Paregoric, U.S.P.
(2) Any Schedule II controlled substances.
(3) Any of the Schedule III controlled substances listed in subdivisions (1) through (8) of subsection (d) of G.S.
90-91.
(4) Any Schedule V controlled substances.
(5) Pseudoephedrine products.
SECTION 2.18.(b) This section is effective when it becomes law and expires six months after the date the Governor signs an executive order rescinding said Executive Order No.
116 (2020), Declaration of a State of Emergency to Coordinate Response and Protective Actions to Prevent the Spread of COVID-19, or December 31, 2021, whichever is earlier.
ALLOW TOURISM DEVELOPMENT AUTHORITIES TO ACCESS PPP LOANS SECTION 2.19.(a) Chapter 153A of the General Statutes is amended by adding a new Article to read:
"Article 21.
"Tourism Development Authorities.
"§ 153A-406.
Definitions.
The following definitions apply in this Article:
Page 20 Senate Bill 172*-First Edition General Assembly Of North Carolina Session 2021 (1) Economic Aid Act.
– The Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (Title III) of the Consolidated Appropriations Act, 2021, P.L.
View plain text versions (6)

Action History

  1. Signed by Gov. 5/24/2021

  2. Ch. SL 2021-25

  3. Reptd Fav Com Substitute

  4. Serial Referral To Rules, Calendar, and Operations of the House Stricken

  5. Cal Pursuant Rule 36(b)

  6. Added to Calendar

  7. Passed 2nd Reading

  8. Passed 3rd Reading

  9. Special Message Sent To Senate

  10. Special Message Received For Concurrence in H Com Sub

  11. Placed on Today's Calendar

  12. Concurred In H Com Sub

  13. Ordered Enrolled

  14. Ratified

  15. Pres. To Gov. 5/20/2021

  16. Withdrawn From Com

  17. Re-ref to the Com on Appropriations, if favorable, Rules, Calendar, and Operations of the House

  18. Passed 1st Reading

  19. Ref To Com On Rules, Calendar, and Operations of the House

  20. Regular Message Sent To House

  21. Regular Message Received From Senate

  22. Withdrawn From Com

  23. Placed on Today's Calendar

  24. Passed 2nd Reading

  25. Passed 3rd Reading

  26. Reptd Fav Com Substitute

  27. Com Substitute Adopted

  28. Re-ref Com On Rules and Operations of the Senate

  29. Withdrawn From Com

  30. Re-ref to Appropriations/Base Budget. If fav, re-ref to Rules and Operations of the Senate

  31. Passed 1st Reading

  32. Ref To Com On Rules and Operations of the Senate

  33. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 4 co-sponsors · 173 not signed on · 2 voted No

Sponsors (2)

Co-sponsors (4)

Not signed on (173)

173 members have not signed on to this bill.

Show all 173 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Second Reading

Passed 100 Yea · 2 Nay · 18 Other
Party YeaNayPresentNot Voting
Democratic 23102
Unaffiliated 37107
U 1001
Republican 39007
Total 1002017
% of votes cast 84%2%0%14%
How each member voted (119)
Member Party Vote
Autry — Yea
Clemmons — Yea
Cooper-Suggs — Yea
Farkas — Yea
Fisher — Yea
Gailliard — Yea
Garrison — Yea
Gill — Yea
Graham — Yea
Harris — Yea
Hunt — Yea
Hunter — Yea
Hurtado — Yea
Insko — Yea
Lucas — Yea
Martin — Yea
Richardson — Yea
Terry — Yea
vonHaefen — Yea
Wray — Yea
Bumgardner — Yea
Cleveland — Yea
Elmore — Yea
Faircloth — Yea
Hardister — Yea
Hurley — Yea
Johnson — Yea
McElraft — Yea
McNeill — Yea
Moore — Yea
Saine — Yea
Sasser — Yea
Szoka — Yea
Zachary — Yea
Boles — Not Voting
Bradford — Not Voting
Carter — Not Voting
Davis — Not Voting
Mills — Not Voting
Rogers — Not Voting
Yarborough — Not Voting
C. Smith — Nay
K. Baker — Yea
K. Smith — Yea
R. Smith — Yea
Abe Jones Democratic Yea
Allison A. Dahle Democratic Yea
Amber M. Baker Democratic Yea
Amos L. Quick, III Democratic Yea
Becky Carney Democratic Yea
Brian Turner Democratic Yea
Carolyn G. Logan Democratic Yea
Cecil Brockman Democratic Not Voting
Cynthia Ball Democratic Yea
Dante Pittman Democratic Nay
Deb Butler Democratic Yea
Eric Ager Democratic Yea
Gale Adcock Democratic Yea
Garland E. Pierce Democratic Yea
Graig Meyer Democratic Yea
James Roberson Democratic Yea
Joe John Democratic Yea
Marcia Morey Democratic Yea
Mary Belk Democratic Yea
Pricey Harrison Democratic Yea
Robert T. Reives, II Democratic Not Voting
Shelly Willingham Democratic Yea
Terence Everitt Democratic Yea
Terry M. Brown Jr. Democratic Yea
Vernetta Alston Democratic Yea
Zack Hawkins Democratic Yea
Ben T. Moss, Jr. Republican Yea
Bobby Hanig Republican Yea
Brenden H. Jones Republican Yea
Charles W. Miller Republican Yea
Chris Humphrey Republican Yea
David Willis Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Destin Hall Republican Yea
Diane Wheatley Republican Yea
Donna McDowell White Republican Yea
Donny Lambeth Republican Yea
Dudley Greene Republican Yea
Edward C. Goodwin Republican Yea
Erin Paré Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Yea
Howard Penny, Jr. Republican Yea
Hugh Blackwell Republican Yea
Jay Adams Republican Not Voting
Jeff Zenger Republican Yea
Jeffrey C. McNeely Republican Yea
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John R. Bell, IV Republican Yea
John Sauls Republican Yea
Julia C. Howard Republican Not Voting
Karl E. Gillespie Republican Yea
Keith Kidwell Republican Yea
Kelly E. Hastings Republican Yea
Kyle Hall Republican Yea
Larry C. Strickland Republican Yea
Larry W. Potts Republican Yea
Mark Brody Republican Yea
Mark Pless Republican Yea
Matthew Winslow Republican Yea
Mike Clampitt Republican Yea
Mitchell S. Setzer Republican Not Voting
Phil Shepard Republican Yea
Ray Pickett Republican Not Voting
Sam Watford Republican Yea
Sarah Stevens Republican Yea
Steve Tyson Republican Not Voting
Timothy D. Moffitt Republican Not Voting
W. Ted Alexander Republican Not Voting
William D. Brisson Republican Yea
Carla D. Cunningham U Not Voting
Nasif Majeed U Yea

Official roll call →

Motion 9 To Concur

Passed 39 Yea · 0 Nay · 11 Other
Party YeaNayPresentNot Voting
Democratic 12001
Unaffiliated 11007
Republican 16003
Total 390011
% of votes cast 78%0%0%22%
How each member voted (50)
Member Party Vote
deViere — Yea
Fitch — Yea
Woodard — Yea
Ballard — Yea
Edwards — Yea
Harrington — Yea
Johnson — Yea
Perry — Yea
Proctor — Yea
Steinburg — Yea
Bazemore — Not Voting
Foushee — Not Voting
Marcus — Not Voting
Nickel — Not Voting
Krawiec — Not Voting
D. Davis — Not Voting
J. Jackson — Yea
P. Newton — Not Voting
Dan Blue Democratic Yea
DeAndrea Salvador Democratic Yea
Gladys A. Robinson Democratic Yea
Jay J. Chaudhuri Democratic Yea
Joyce Waddell Democratic Yea
Julie Mayfield Democratic Yea
Michael Garrett Democratic Yea
Mujtaba A. Mohammed Democratic Yea
Natalie S. Murdock Democratic Not Voting
Paul A. Lowe, Jr. Democratic Yea
Sarah Crawford Democratic Yea
Sydney Batch Democratic Yea
Tracy Clark Democratic Yea
Amy S. Galey Republican Yea
Bill Rabon Republican Yea
Brent Jackson Republican Yea
Carl Ford Republican Yea
Danny Earl Britt, Jr. Republican Not Voting
David W. Craven, Jr. Republican Not Voting
Jim Burgin Republican Yea
Kevin Corbin Republican Yea
Lisa S. Barnes Republican Yea
Michael A. Lazzara Republican Yea
Michael V. Lee Republican Yea
Norman W. Sanderson Republican Yea
Phil Berger Republican Yea
Ralph Hise Republican Yea
Steve Jarvis Republican Not Voting
Tom McInnis Republican Yea
Vickie Sawyer Republican Yea
W. Ted Alexander Republican Yea
Warren Daniel Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 172?
SB 172 is sponsored by Brent Jackson (Republican), Harrington, Ralph Hise (Republican), Lisa S. Barnes (Republican), Jim Burgin (Republican), and Tom McInnis (Republican).
What is the current status of SB 172?
This bill has been enacted into law. Introduced March 01, 2021. Enacted.
Where can I track SB 172?
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