§ 166A-6.01. State disaster assistance funds; programs.
§ 166A‑6.01. Statedisaster assistance funds; programs.
(a) If a state ofdisaster is proclaimed, the Governor may make State funds available fordisaster assistance as authorized by this section. Any State funds madeavailable by the Governor for disaster assistance may be administered throughState disaster assistance programs which may be established by the Governorupon the proclamation of a state of disaster. It is the intent of the GeneralAssembly in authorizing the Governor to make State funds available for disasterassistance and in authorizing the Governor to establish State disasterassistance programs to provide State assistance for recovery from thosedisasters for which federal assistance under the Stafford Act is either notavailable or does not adequately meet the needs of the citizens of the State inthe disaster area.
(b) Disaster AssistancePrograms Type I Disaster. In the event that a Type I disaster isproclaimed, the Governor may make State funds available for disaster assistancein the disaster area in the form of individual assistance and public assistanceas provided in this subsection.
(1) Individualassistance. State disaster assistance in the form of grants to individualsand families may be made available when damage meets or exceeds the criteriaset out in 13 C.F.R. Part 123 for the Small Business Administration DisasterLoan Program. Individual assistance grants shall include benefits comparable tothose provided by the Stafford Act and may be provided for the following:
a. Provision oftemporary housing and rental assistance.
b. Repair orreplacement of dwellings. Grants for repair or replacement of housing mayinclude amounts necessary to locate the individual or family in safe, decent,and sanitary housing.
c. Replacement ofpersonal property (including clothing, tools, and equipment).
d. Repair orreplacement of privately owned vehicles.
e. Medical or dentalexpenses.
f. Funeral or burialexpenses resulting from the disaster.
g. Funding for the costof the first year's flood insurance premium to meet the requirements of theNational Flood Insurance Act of 1968, as amended, 42 U.S.C. § 4001, et seq.
(2) Public assistance. State disaster assistance in the form of public assistance grants may be madeavailable to eligible entities located within the disaster area on thefollowing terms and conditions:
a. Eligible entitiesshall meet the following qualifications:
1. The eligible entitysuffers a minimum of ten thousand dollars ($10,000) in uninsurable losses;
2. The eligible entitysuffers uninsurable losses in an amount equal to or exceeding one percent (1%)of the annual operating budget;
3. For a state ofdisaster proclaimed pursuant to G.S. 166A‑6(a) after the deadlineestablished by the Federal Emergency Management Agency pursuant to the DisasterMitigation Act of 2002, P.L. 106‑390, the eligible entity shall have ahazard mitigation plan approved pursuant to the Stafford Act; and
4. For a state ofdisaster proclaimed pursuant to G.S. 166A‑6(a) after August 1, 2002, theeligible entity shall be participating in the National Flood Insurance Programin order to receive public assistance for flooding damage.
b. Eligible entitiesshall be required to provide non‑State matching funds equal to twenty‑fivepercent (25%) of the eligible costs of the public assistance grant.
c. An eligible entitythat receives a public assistance grant pursuant to this subsection may use thegrant for the following purposes only:
1. Debris clearance.
2. Emergency protectivemeasures.
3. Roads and bridges.
4. Crisis counseling.
5. Assistance withpublic transportation needs.
(c) If a Type IIdisaster is proclaimed, the Governor may make State funds available fordisaster assistance in the disaster area in the form of the following types ofgrants:
(1) State Acquisitionand Relocation Funds.
(2) Supplemental repairand replacement housing grants available to the individuals or families in anamount necessary to locate the individual or family in safe, decent, andsanitary housing not to exceed twenty‑five thousand dollars ($25,000) perfamily.
(d) If a Type IIIdisaster is proclaimed, the Governor may make State funds available fordisaster assistance in the disaster area in the form of the following types ofgrants:
(1) State Acquisitionand Relocation Funds.
(2) Supplemental repairand replacement housing grants available to the individuals or families in anamount necessary to locate the individual or family in safe, decent, andsanitary housing not to exceed twenty‑five thousand dollars ($25,000) perfamily.
(3) Any programsauthorized by the General Assembly. (2001‑214, s. 4; 2001‑487, s. 98; 2002‑24,s. 1; 2002‑159, s. 57.5; 2006‑66, s. 6.5(a).)