GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	1 

HOUSE BILL 66*

Short Title:  1989 Capital Improvements.	(Public)
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Sponsors: Representative Diamont.
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Referred to:  Appropriations.
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January 23, 1989

A BILL TO BE ENTITLED
AN ACT TO MAKE APPROPRIATIONS TO PROVIDE CAPITAL IMPROVEMENTS FOR STATE DEPARTMENTS, INSTITUTIONS, AND AGENCIES.
The General Assembly of North Carolina enacts:

––-TITLE/PURPOSES

Section 1.  This act shall be known as "The Capital Improvement Appropriations Act of 1989".
Sec. 2.  The appropriations made by the 1989 General Assembly for capital improvements are for constructing, repairing or renovating State buildings, utilities, and other capital facilities, for acquiring sites for them where necessary, and for acquiring buildings and land for State government purposes.

––-PROCEDURES FOR DISBURSEMENTS

Sec 3.  The appropriations made by the 1989 General Assembly for capital improvements shall be disbursed for the purposes provided by this act.  Expenditure of funds shall not be made by any State department, institution or agency, until an allotment has been approved by the Governor as Director of the Budget.  The allotment shall be approved only after full compliance with the Executive Budget Act, Article I of Chapter 143 of the General Statutes.  Prior to the award of construction contracts for projects to be financed in whole or in part with self-liquidating appropriations, the Director of the Budget shall approve the elements of the method of financing of those projects including the source of funds, interest rate, and liquidation period.  Provided, however, that if the Director of the Budget approves the method of financing a project, he shall report that action to the Joint Legislative Commission on Governmental Operations on a quarterly basis.
Where direct capital improvement appropriations include the purpose of furnishing fixed and movable equipment for any project, those funds for equipment shall not be subject to transfer into construction accounts except as authorized by the Director of the Budget.  The expenditure of fixed and movable equipment and furnishings shall be reviewed and approved by the Director of the Budget prior to commitment of funds.
Capital improvement projects authorized by the 1989 General Assembly shall be completed, including fixed and movable equipment and furnishings, within the limits of the amounts of the direct or self-liquidating appropriations provided, except as otherwise provided in the act.

––-CAPITAL IMPROVEMENTS/GENERAL FUND

Sec. 4.  Appropriations are made from the General Fund for use by the State departments, institutions and agencies to provide for capital improvement projects according to the following schedule:
	1989-90	1990-91
DEPARTMENT OF ADMINISTRATION (Total)	$  5,541,050	$  4,508,250
1.	Construction of New Steam Plant - State Government Complex in Raleigh 3,527,250 3,527,250
2.	Reserve for Asbestos Removal	750,000	750,000
3.	Life Safety Corrections - State Government Complex 100,000	100,000
4.	North Carolina Aquariums - Repairs, Parking Lot Construction, Fixed and Movable Equipment 663,800   -  
5.	Reserve for Model Day Care Center	500,000	  -  
6.	Demolition and Removal of Buildings - State Government Complex in Raleigh   -   131,000
DEPARTMENT OF AGRICULTURE (Total)	410,700	2,045,000
1.	Biological Pest Control Facility and Support Services Center 90,100 2,000,000
2.	Garden Center Building - Charlotte Regional Farmers Market 320,600   -  
3.	Renovation of Ballentine Building - Planning   -  	45,000
4.	Irrigation System/Border Belt
	Tobacco Research Station
	Total Requirements	$90,800
	Less Receipts from
		Timber Sales	 90,800
	Appropriation	  -  	  -  
BOARD OF GOVERNORS-UNIVERSITY OF NORTH CAROLINA (Total) 20,000,000	27,500,000
1.	Reserve for Repairs, Renovations, Land Acquisition, and/or New Construction 20,000,000 27,500,000
DEPARTMENT OF COMMERCE (Total)	  -  	2,000,000
1.	Hazardous Waste Treatment
	Commission Reserve for Site
	Acquisition	  -  	2,000,000
DEPARTMENT OF COMMUNITY COLLEGES (Total)	3,321,459	  -  
1.  Capital Improvements	3,321,459	  -  
DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY (Total) 1,774,000	1,595,900
1.	State Highway Patrol - Construction of
Outside Firing Range, Highway Patrol
Training Center
Total Requirements	$ 51,700
Less Drug Enforcement
Receipts	  51,700
Appropriation	  -  	  -  
2.	National Guard - Expansion/Modification
to Military Center Building in Raleigh	1,774,000	  -  
3.	State Highway Patrol - Helicopter
Hangar at Highway Patrol Training
Center
Total Requirements	$ 82,800
Less Drug Enforcement
Receipts	  82,800
Appropriation	  -  	  -  
4.	State Highway Patrol - Air Condition
Dining Facility, Highway Patrol
Training Center
Total Requirements	$ 51,700
Less Drug Enforcement
Receipts	  51,700
Appropriation	  -  	  -  
5.	State Highway Patrol - Land Acquisition
Highway Patrol Training Center
Total Requirements	$ 72,000
Less Drug Enforcement
Receipts	  72,000
Appropriation	  -  	  -  
6.	Armory Construction
a.	National Guard Armory, Kinston
Total Requirements	$3,712,800
Less Federal Receipts	2,688,400
Less Local Receipts	512,200
Appropriation	   -  	512,200
b.	National Guard Armory, Clinton
Total Requirements	$2,608,500
Less Federal Receipts	1,884,200
Less Local Receipts	362,150
Appropriation	  -  	362,150
c.	National Guard Armory, Goldsboro
Total Requirements	$2,800,800
Less Federal Receipts	2,057,300
Less Local Receipts	371,750
Appropriation	  	  -  	371,750
d.	National Guard Armory, Hickory
Total Requirements	$2,606,300
Less Federal Receipts	1,906,700
Less Local Receipts	349,800
Appropriation	  -  	349,800
DEPARTMENT OF CULTURAL RESOURCES
(Total)	1,145,000	549,700
1.	Ziegler House Renovation	463,000	  -  
2.	Tryon Palace - Structural Repairs	  -  	311,700
3.	Charlotte Hawkins Brown State Historic Site - Improvement 482,000   -  
4.	Spencer Shops - Round House Renovation	200,000	238,000
DEPARTMENT OF HUMAN RESOURCES (Total)	11,100,000	16,600,000
1.	Life Safety Code Improvements Projects	2,500,000	3,000,000
2.	Reserve - Solid Waste Revolving Fund	5,000,000	10,000,000
3.	Reserve - Area Mental Health Facilities	3,600,000	3,600,000
DEPARTMENT OF JUSTICE (Total)	 20,186,000	  2,211,500
1.	New State Bureau of Investigation Complex in Raleigh 20,186,000	  -  
2.	Justice Academy - New Classroom and Learning Resource Center Building   -   2,211,500
DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT (Total) 2,600,900 22,800,200
1.	Division of Forest Resources County Headquarters 250,000	1,700,200
2.	Division of Coastal Management - Coastal Reserves
	a.  Masonboro	500,000	500,000
	b.  Buxton Woods and Others	  -  	500,000
3.	Reserve for Beach Access	500,000	500,000
4.	Reserve for Civil Works Projects	1,000,000	1,000,000
5.	Reserve for Development of the State Parks System   -  	10,000,000
6.	Core Repository Expansion	250,900	  -  
7.	Small Watersheds Grant Program	100,000	100,000
8.	North Carolina Zoological Park
Total Requirements	$10,625,000
Less Receipts	2,125,000
Appropriation	  -  	8,500,000
OFFICE OF STATE BUDGET AND MANAGEMENT (Total)	28,150,000	46,000,000
1.	Reserve for Repairs and Renovations	12,250,000	15,000,000
2.	Clean Water and Sewer Program	13,000,000	20,000,000
3.	Reserve for State Aid	2,900,000	5,000,000
4.	Reserve for Low-Level Radioactive Waste Site Selection   -  	6,000,000
GRAND TOTAL - GENERAL FUND	$94,229,109	$125,810,550

––-CAPITAL IMPROVEMENTS/HIGHWAY FUND

Sec. 5.  Appropriations are made from the Highway Fund for use of the Department of Transportation to provide for capital improvement projects according to the following schedule:

	1989-90	1990-91
DIVISION OF HIGHWAYS
1.	Bridge Maintenance Office and Warehouse - Boone $    200,900	$  -  
2. 	Equipment Shop - Burnsville	566,600	  -  
3.	Equipment Shop - Shallotte	438,000	  -  
4.	Maintenance Office - Monroe	217,800	  -  
5.	Repair Shop - Williamston	492,900	  -  
6.	Materials and Test Lab - Statesville	283,800	  -  
7.	Maintenance Yard Security Fence - Albemarle 40,900	  -  
8.	Maintenance Yard Security Fence - Mt. Pleasant 18,900	  -  
9.	Roof Replacement - Shelby	15,000	  -  
10.	Maintenance Yard Security Fence - Lincolnton 22,700	  -  
11.	Maintenance Yard Security Fence - Shelby	29,600	  -  
12.	Maintenance Facility - Ocracoke	124,600	  -  
13.	Roof Replacements - Statewide	226,150	226,150
14.	Landscape/Sign Shop Renovation and Addition - Boone 43,400	  -  
15.	Ferry Office and Restrooms - Pamlico River	460,100	  -  
16.	Salt Storage Shed - Hudson	69,100	  -  
17.	Landscape/Sign Shop Renovation - Elkin	9,900	  -  
18.	Maintenance Building Addition - N. Wilkesboro 38,000	  -  
19.	Maintenance Building Addition - Smethport	35,600	  -  
20.	Sign Shop - Union	100,000	732,100
21.	Storage Warehouse - Warrensville	53,900	  -  
22.	Foreman and Inspector Office Addition - Graham 19,400	  -  
23.	Bridge Maintenance Office Addition - Hudson 11,800	  -  
24.	Bridge Maintenance Office Addition - Monroe 24,700	  -  
25.	Bridge Maintenance Office Addition - Burgaw 24,700	  -  
26.	Roof Replacement - Central Equipment Office - Raleigh 164,100	  -  
27.	Bridge Maintenance Office Building - Hendersonville 87,600	  -  
28.	Blacksmith/Warehouse/Lumber Shed - Hendersonville 181,000	  -  
29.	Equipment Shop - Mocksville	100,000	581,000
30.	Repair Shop - Creswell	50,000	412,000
31.	Landscape Office and Warehouse - Graham	111,900	  -  
32.	Office, Assembly Room, and Office Addition - Maury 462,600	  -  
33.	Office, Assembly Room, and Office Addition - Kinston 25,100	  -  
34.	Roof Replacement - Storage Warehouse - Raleigh 10,400	  -  
35.	Division Equipment Shop - Carthage	200,000	1,843,400
36.	Equipment Shop - Sandy Ridge	60,000	476,300
37.	Landscape Warehouse - Wentworth	77,200	  -  
38.	Bridge Maintenance Office
Building - Franklin	88,300	  -  
39.	Paint Warehouse and Truck Shed - Camp Burton 70,200	  -  
40.	Bridge Maintenance Office
Renovation - Lexington	23,100	  -  
41.	District Equipment Shop - Asheboro	100,000	841,500
42.	Equipment Shop - Marion	90,000	698,800
43.	Maintenance Warehouse - Hillsborough	86,300	  -  
44.	Bridge Maintenance Office Building - Union	88,700	  -  
45.	New Division Complex - Fayetteville	500,000	  -  
46.	Maintenance Facility - Cherry Branch	250,000	  -  
47.	Maintenance Facility - Cedar Island	250,000	  -  
48.	Division Office Addition - Durham	655,000	  -  
49.	Salt Storage Facilities - Statewide	  -  	1,400,000
50.	District Shop - Washington	  -  	85,000
51.	Salt Storage Building - Wentworth	  -  	15,000
52.	Equipment Shop - Spindale	  -  	50,000
53.	Fuel Service Facility - Sparta	  -  	10,000
54.	Bridge Maintenance Warehouse/Lumber Shop - Union   -  	10,000
55.	Equipment Shop - Walnut Cove	  -  	50,000
56.	Equipment Shop - Wentworth	  -  	75,000
		DIVISION OF HIGHWAYS TOTAL	7,299,950	$  7,506,250
DIVISION OF MOTOR VEHICLES
1.	Building Additions (5 Locations)	892,500	  -  
2.	Resurface Parking Lots (6 locations)	91,800	  -  
3.	Roof Replacements (7 locations)	89,300	  -  
4.	Warehouse and Office Building - Raleigh	1,681,300	  -  
5.	Building Additions (5 locations)	  -  	692,800
6.	New Office Building - Asheville	  -  	656,200
7.	New Office Building - Greensboro	  -  	1,023,900
8.	Roof Replacements (7 Locations)	  -  	94,300
9.	Resurface Parking Lots (6 Locations)	  -  	97,000
DIVISION OF MOTOR VEHICLES
TOTAL	$  2,754,900	$  2,564,200
GRAND TOTAL - HIGHWAY FUND	$ 10,054,850	$ 10,070,450

––-TWO-THIRDS BONDS

Sec. 6.  Proceeds realized from the sale of bonds under AN ACT TO AUTHORIZE THE ISSUANCE OF NOT IN EXCESS OF SEVENTY-THREE MILLION DOLLARS BONDS OF THE STATE TO PROVIDE FUNDS, WITH OTHER AVAILABLE FUNDS, FOR THE CONSTRUCTION OF STATE FACILITIES AND THE PURCHASE OF EQUIPMENT, SUCH AUTHORIZED BONDS TO BE ISSUED WITHOUT AN ELECTION DURING THE BIENNIUM ENDED JUNE 30, 1991, IN AN AMOUNT NOT IN EXCESS OF SUCH AUTHORIZED AMOUNT AND NOT IN EXCESS OF TWO-THIRDS OF THE AMOUNT BY WHICH THE STATE'S OUTSTANDING INDEBTEDNESS SHALL HAVE BEEN REDUCED DURING THE 1987-89 BIENNIUM, shall be used for capital projects according to the following schedule:
	1989-90	1990-91
DEPARTMENT OF ADMINISTRATION
1.	Construction of New Revenue Building and Equipment $  36,000,000	$  -  
OFFICE OF STATE BUDGET AND MANAGEMENT
1.	Reserve for Low-Level Radioactive Waste Site Selection 8,000,000	  -  
DEPARTMENT OF AGRICULTURE
1.	New Agronomic Building	7,100,000	  -  
DEPARTMENT OF COMMERCE
1.	State Ports Authority - Development	11,900,000	  -  
DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT
1.	State Parks System - Development	10,000,000	  -  
GRAND TOTAL - TWO-THIRDS BONDS	$73,000,000	$  -  
Sec. 7.  If the State Treasurer and the Governor determine that the projects authorized in Section 6 of this act may not meet bond restrictions of the Tax Reform Act of 1986, the Governor may distribute the bond proceeds to support projects authorized in Section 4 of this act which can comply with such restrictions and any projects in Section 6 which cannot be completed with Two-Thirds Bonds proceeds would be reauthorized from General Fund appropriations.

––-UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS AND OTHER LUMP SUM APPROPRIATIONS

Sec. 8.  There is appropriated in Section 4 of this act a lump sum to the Board of Governors of The University of North Carolina.  Expenditure of funds in this appropriation shall be in accordance with the provisions of G.S. 116-11(9)a. and G.S. 116-11(9)b., and of this act, except where specifically excluded.  Other lump sums designated as reserves appropriated in Section 4 of this act shall be used for specific capital improvement projects in accordance with the priority needs of the respective departments and as approved by the Governor.  Funds authorized in Section 4 of this act to the Office of State Budget and Management in the amount of twelve million two hundred fifty thousand dollars ($12,250,000) in 1989-90 and fifteen million dollars ($15,000,000) in 1990-91 are for the repair and renovation of State facilities, other than those in the State's university system, and may not be used for new building construction or additions to existing facilities.

––-ENCUMBERED APPROPRIATIONS AND PROJECT RESERVE FUND

Sec. 9.  When each capital improvement project appropriated by the 1989 General Assembly, other than those projects under The University of North Carolina Board of Governors, is placed under construction contract, direct appropriations shall be encumbered to include all costs for construction, design, investigation, administration, movable equipment and a reasonable contingency.  Unencumbered direct appropriations remaining in the project budget shall be placed in a project reserve fund credited to the Office of State Budget and Management.  Funds in the Project Reserve may be used for emergency repair and renovation projects at State facilities with the approval of the Director of the Budget.  The project reserve fund may be used, at the discretion of the Director of the Budget, to allow for award of contracts where bids exceed appropriated funds, if those projects supplemented were designed within the physical scope intended by the applicable appropriation or any authorized change in it, and if, in the opinion of the Director of the Budget, all means to award contracts within the appropriation were reasonably attempted.  At the discretion of the Director of the Budget any balances in the project reserve fund shall revert to the original source.

––-PROJECT COST INCREASE

Sec. 10.  Upon the request of the administration of a State department or institution, the Director of the Budget may when in his opinion it is in the best interest of the State to do so, increase the cost of a capital improvement project.  Provided, however, that if the Director of the Budget increases the cost of a project he shall report that action to the Joint Legislative Commission on Governmental Operations on a quarterly basis.  The increase may be funded from gifts, federal or private grants, special fund receipts, excess patient receipts remaining at the end of a fiscal year at North Carolina Memorial Hospital, or direct capital improvement appropriations to that department or institution.

––-NEW PROJECT AUTHORIZATION

Sec. 11.  Upon the request of the administration of any State department or institution, the Governor, may authorize the construction of a capital improvement project not specifically authorized by the General Assembly if such project is to be funded by gifts, federal or private grants, special fund receipts, or self-liquidating indebtedness.  Provided, however, that if the Director of the Budget authorizes the construction of such a capital improvement project he shall report that action to the Joint Legislative Commission on Governmental Operations on a quarterly basis.

––-ADVANCE PLANNING OF CAPITAL IMPROVEMENT PROJECTS

Sec. 12.  Funds which become available by gifts, federal or private grants, receipts becoming a part of special funds by act of the General Assembly or any other funds available to a State department or institution may be utilized for advance planning through the working drawing phase of capital improvement projects upon approval of the Director of the Budget.  The Director of the Budget may make allocations from the Advance Planning Fund for advance planning through the working drawing phase of capital improvement projects, except that this revolving fund may not be utilized by the Board of Governors of The University of North Carolina or the State Board of Community colleges.

––-APPROPRIATIONS LIMITS/REVERSION OR LAPSE

Sec. 13.  Except as permitted in previous sections of this act, the appropriations for capital improvements made by the 1989 General Assembly may be expended only for specific projects set out by the 1989 General Assembly and for no other purpose.  Construction of all capital improvement projects enumerated by the 1989 General Assembly shall be commenced or self-liquidating indebtedness with respect to them shall be incurred within 12 months following the first day of the fiscal year in which the funds are available.  If construction contracts on those projects have not been awarded or self-liquidating indebtedness has not been incurred within that period, the direct appropriation for those projects shall revert to the original source, and the self-liquidating appropriation shall lapse; except that direct appropriations may be placed in a reserve fund as authorized in Section 9.  This deadline with respect to both direct and self-liquidating appropriations may be extended up to an additional 12 months if circumstances and conditions warrant such extension.

––-CLEAN WATER AND SEWER PROGRAM

Sec. 14.  Funds appropriated in Section 4 of this act to the North Carolina Clean Water Loan and Grant Program shall be allocated under the provisions of Chapter 159G of the General Statutes, the North Carolina Clean Water Revolving Loan and Grant Act of 1987.

––-NORTH CAROLINA ZOOLOGICAL PARK FUNDS

Sec. 15.  Of the funds appropriated to the Department of Natural Resources and Community Development in Section 4 of this act, the sum of eight million five hundred thousand dollars ($8,500,000) for the 1990-91 fiscal year shall be used for the North Carolina Zoological Park, provided the North Carolina Zoological Park Society raises the sum of two million one hundred twenty-five thousand dollars ($2,125,000) to match this allocation on the basis of one dollar for every four State dollars.  The Society shall periodically inform the Department of the amount of matching funds it has raised.  The Department may expend the funds allocated by this section only to the extent that the required matching funds have been raised.  The funds allocated by this section shall not revert at the end of the fiscal year, but shall remain available to the Department for the purpose stated in this section.

––-SECOND YEAR APPROPRIATIONS

Sec. 16.  If reversions for fiscal year 1989-90 as of June 30, 1990, are one hundred seventy-seven million dollars ($177,000,000) or more, then the capital improvement projects enumerated in Section 4 of this act for fiscal year 1990-91 are enacted in full.  Should reversions for fiscal year 1989-90 as of June 30, 1990, be less than one hundred seventy-seven million dollars ($177,000,000), the Director of the Budget shall apply a pro rata reduction to all capital improvement projects in Section 4 of this act for 1990-91 sufficient to equal the actual reduction in reversions below one hundred seventy-seven million dollars ($177,000,000).

––-EFFECTIVE DATE

Sec. 17.  This act shall become effective July 1, 1989.