§ 113A-256. Clean Water Management Trust Fund Board of Trustees: powers and duties.
§ 113A‑256. Clean WaterManagement Trust Fund Board of Trustees: powers and duties.
(a) Allocate GrantFunds. The Trustees shall allocate moneys from the Fund as grants. A grantmay be awarded only for a project or activity that satisfies the criteria andfurthers the purposes of this Article.
(b) Develop GrantCriteria. The Trustees shall develop criteria for awarding grants under thisArticle. The criteria developed shall include consideration of the following:
(1) The significantenhancement and conservation of water quality in the State.
(2) The objectives ofthe basinwide management plans for the State's river basins and watersheds.
(3) The promotion ofregional integrated ecological networks insofar as they affect water quality.
(4) The specific areastargeted as being environmentally sensitive.
(5) The geographicdistribution of funds as appropriate.
(6) The preservation ofwater resources with significant recreational or economic value and uses.
(7) The development of anetwork of riparian buffer‑greenways bordering and connecting the State'swaterways that will serve environmental, educational, and recreational uses.
(c) Develop AdditionalGuidelines. The Trustees may develop guidelines in addition to the grantcriteria consistent with and as necessary to implement this Article.
(d) Acquisition ofLand. The Trustees may acquire land by purchase, negotiation, gift, ordevise. Any acquisition of land by the Trustees must be reviewed and approvedby the Council of State and the deed for the land subject to approval of theAttorney General before the acquisition can become effective. In determiningwhether to acquire land as permitted by this Article, the Trustees shallconsider whether the acquisition furthers the purposes of this Article and may alsoconsider recommendations from the Council. Nothing in this section shall allowthe Trustees to acquire land under the right of eminent domain.
(e) Exchange of Land. The Trustees may exchange any land they acquire in carrying out the powersconferred on the Trustees by this Article.
(f) Land Management. The Trustees may designate managers or managing agencies of the lands acquiredunder this Article.
(g) Tax CreditCertification. The Trustees shall develop guidelines to determine whetherland donated for a tax credit under G.S. 105‑130.34 or G.S. 105‑151.12are suitable for one of the purposes under this Article and may be certifiedfor a tax credit.
(h) Rule‑makingAuthority. The Trustees may adopt rules to implement this Article. Chapter150B of the General Statutes applies to the adoption of rules by the Trustees.
(i) Repealed bySession Laws 1999‑237, s. 15.11, effective July 1, 1999.
(j) Debt. Of thefunds credited annually to the Fund, the Trustees may authorize expenditure ofa portion to reimburse the General Fund for debt service on specialindebtedness to be issued or incurred under Article 9 of Chapter 142 of theGeneral Statutes for the purposes provided in G.S. 113A‑253(c)(1) through(4). In order to authorize expenditure of funds for debt service reimbursement,the Trustees must identify to the State Treasurer and the Department ofAdministration the specific capital projects for which they would like specialindebtedness to be issued or incurred and the annual amount they intend to makeavailable, and request the State Treasurer to issue or incur the indebtedness.After special indebtedness has been issued or incurred for a capital projectrequested by the Trustees, the Trustees must direct the State Treasurer tocredit to the General Fund each year the actual aggregate principal andinterest payments to be made in that year on the special indebtedness, asidentified by the State Treasurer. (1996, 2nd Ex. Sess., c. 18, s. 27.6(a), (c); 1999‑237,s. 15.11; 2003‑340, s. 1.3; 2004‑179, s. 4.5.)