Agenda - 11-05-20; 7-a - Interim Alternative Implementation Approach (IAIA) – Upper Neuse River Basin Association (Falls Lake Rules)

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Key Core Principles* of an Interim Alternative Implementation Approach (IAIA) Under the Existing Development Falls Lake Rule for Supporting the Development of An Interlocal Agreement and/or Modification of UNRBA Bylaws to Establish the Administrative Structure for the IAIA  The IAIA is a group or joint compliance effort, but compliance under Stage I Existing Development (Stage I ED) is assessed individually for each participating jurisdiction o Participants must be members of the UNRBA, but UNRBA members are not required to participate o Only formal participants in the IAIA can vote on IAIA‐related decisions o Each jurisdiction must document and track investments and eligibility of expenditures o Point source credits belong to the jurisdiction that owns the utility that created them, unless the credits are sold or leased to another jurisdiction by the generating jurisdiction. o A jurisdiction’s adherence to the provisions of the IAIA represents compliance with the Stage I ED Rule.  Participation is based on agreement to make a 5‐year investment commitment, specified by jurisdiction, for projects determined to be eligible for credit in reduction of existing development loading as described in the IAIA Program Document. o A 5‐year timeframe for commitment is established to minimize overall administrative burden for the program o Commitments are assigned annually based on the UNRBA’s dues formula utilizing a $100,000 per year commitment from Granville County for the initial IAIA commitment. IAIA participants may revise the annual commitments in the future. o Total program commitment is the sum of each participating jurisdiction’s commitment. Jurisdictions are responsible for their assigned annual commitment, and if financial resources are made in excess of the annual commitment, the excess will be credited against the jurisdiction’s entire 5‐year commitment. o Each jurisdiction can choose from several options to expend funds (e.g., individual projects, joint projects, funding eligible projects through organizations like local soil and water districts, school systems and county health departments) o Jurisdictions can change which funding options they utilize from year to year. o Investment‐based credits generated from multi‐jurisdictions projects shall be credited to the jurisdictions in proportion to contribution levels and accounting for long‐term operation and maintenance costs, unless the project contract provides otherwise for allocation of credits. o Each jurisdiction has the option to withdraw at the end of any fiscal year included in the 5‐year commitment period with the understanding that rejoining the IAIA is not allowed.  Commitments can either be directed individually at the local level or as part of a joint project o Individual jurisdictions decide how their funds are spent to accomplish projects eligible under the IAIA Program Document o Each jurisdiction may specify how its funds are spent, and the IAIA Program Document is not prescriptive, but rather is flexible o The cost of maintenance of a project to retain its eligibility as a credit in future years shall be the responsibility of the jurisdiction in which the project is located unless otherwise described in a project contract  If a participant drops out during a year, o The jurisdiction must notify the other participating jurisdictions and DWR before the end of the current fiscal year o The withdrawing jurisdiction must contact DEQ‐DWR to notify the Department‐Division of its decision to withdraw from the IAIA 9