Section 179D-31 - Dam and appurtenance improvement or removal grant program; special fund; established(a) There is established a dam and appurtenance improvement or removal grant program, to be developed and administered by the department for the improvement or removal of deficient dams in the State.(b) The dam and appurtenance improvement or removal grant program shall provide funding to owners of private dams for plans, design, construction, and equipment to improve or remove deficient dams and appurtenances, as determined by the department.(c) Each award shall be approved by the board before disbursement and shall be subject to conditions imposed by the board.(d) The department may award grants based on criteria that shall be developed by the department. Each applicant shall meet the following requirements:(1) The applicant shall be an owner of a high hazard or significant hazard dam or appurtenance that is regulated under this chapter;(2) The applicant shall be the owner of a regulated dam or appurtenance that has been determined to have one or more deficiencies; provided that priority shall be given to dams or appurtenances rated to be in poor or unsatisfactory condition;(3) The applicant shall indicate on the application that the proposed plans, design, construction, and equipment shall be intended for remediation or removal of the dam or appurtenance;(4) If the applicant is an entity other than an individual, the applicant shall:(A) Be licensed to conduct business in the State; and(B) Have bylaws or policies that describe the manner in which business is conducted, prohibit nepotism, and provide for the management of potential conflicts of interest;(5) The applicant shall agree to comply with all applicable federal and state laws prohibiting discrimination against any person on the basis of race, color, national origin, religion, creed, sex, age, sexual orientation, disability, or any other characteristic protected under applicable federal or state law;(6) The applicant shall agree that grant moneys are not to be used for purposes of entertainment or perquisites;(7) The applicant shall agree that all activities and improvements undertaken with funds received shall comply with applicable federal, state, and county laws, including statutes, ordinances, applicable building codes, and rules;(8) The applicant shall agree to make available to the department all records that the applicant may have relating to the grant and allow state agencies to monitor the applicant's compliance with the purpose of this chapter;(9) The applicant shall establish, to the satisfaction of the department, that sufficient funds are available for the completion of plans, design, and construction, or equipment needed for the purpose for which the grant is awarded; provided that the grant amount shall be included among the calculation of sufficient funds; and(10) The applicant shall comply with other requirements or conditions as the department or board may prescribe.(e) Notwithstanding any provision to the contrary, there is established in the department a special fund to be designated as the dam and appurtenance improvement or removal grant program special fund. The fund shall be administered by the department. The following shall be deposited into the dam and appurtenance improvement or removal grant program special fund: (1) Appropriations by the legislature;(2) Moneys derived from public or private sources to benefit dam and appurtenance improvement or removal;(3) Any other moneys collected pursuant to this section or any rules adopted pursuant to this section; and(4) Moneys derived from interest, dividends, or other income from other sources.(f) The department may expend moneys from the dam and appurtenance improvement or removal grant program special fund in accordance with this section and other purposes for the administration of the dam and appurtenance improvement or removal grant program under this section or any rule adopted pursuant to this section, including but not limited to funding for permanent or temporary positions.Amended by L 2024, c 232,§ 2, eff. 7/1/2024.Added by L 2023, c 134,§ 3, eff. 7/1/2023.