GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	2 

SENATE BILL 1042
Appropriations Committee Substitute Adopted 7/6/89

Short Title:  1989 Capital Improvements.	(Public)
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Sponsors:
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Referred to:  
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April 27, 1989

A BILL TO BE ENTITLED
AN ACT TO MAKE APPROPRIATIONS TO PROVIDE CAPITAL IMPROVEMENTS FOR STATE DEPARTMENTS, INSTITUTIONS, AND AGENCIES, EXCEPT FOR AID TO CERTAIN GOVERNMENTAL AND NONGOVERNMENTAL ENTITIES.
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 1 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 at its next meeting.
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 funds for 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 this 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)	$27,654,500 $18,000,000

1.	Construction of New Steam
Plant - State Government
Complex in Raleigh	7,054,500 -   

2.	Reserve for Asbestos Removal	750,000 -   

3.	Life Safety Corrections -
State Government Complex	100,000 -   

4.	North Carolina Aquariums -
Emergency Repairs and
Renovations	450,000 -   

5.	Construction of New
Revenue Building	18,000,000 18,000,000

6.	Veterans Cemetery Funds	800,000 -   

7.	Indian Cultural Center -
Planning and Construction	500,000 -   

Department of Agriculture
(Total)	8,275,600 -   

1.	Construction of New
Agronomics Lab	7,100,000 -   

2.	Garden Center Building -
Charlotte Regional Farmers'
Market	320,600 -   

3.	Purchase of Harborside
Building - Beaufort	355,000 -   

4.	Irrigation System/Border
Belt Tobacco Research Station
Total Requirements	90,800
Less: Receipts from
Timber Sales	90,800
Appropriation	-    -   

5.	Museum of Natural Science -
Planning	500,000 -   

Board of Governors - University
of North Carolina
(Total)	51,407,900 -   

1.	N.C. State University
a.	Engineering Graduate
Research Center	6,000,000 -   
b.	Centennial Campus Center -
Matching Funds	6,000,000 -   
c.	Agricultural Program - Animal
Lab Facility - Planning	200,000 -   

2.	UNC -Chapel Hill
School of Business
($5,000,000 Match)	7,500,000 -   

3.	East Carolina University
a.	Joyner Library Addition	6,364,000 -   
b.	Center for Regional
Advancement	2,000,000 -   

4.	UNC - Charlotte
Classroom/Academic Support
Facility - Planning	840,000 -   

5.	Fayetteville State University
Construction of Indoor Health/
Physical Education Facility	9,677,800 -   

6.	Appalachian State University
a.	Student Activities Center	3,000,000 -   
b.	Academic Support Services
Bldg.-Planning	500,000 -   

7.	UNC - Asheville
a.	Conference Center	4,000,000 -   
b.	Kellog Center	260,000 -   

8.	UNC - Wilmington
Physical Sciences Bldg./
Renovation of Deloack Hall	656,000 -   

9.	Elizabeth City State University
Supplement for Dorm - Planning	131,000 -   

10.	Pembroke State University
Administration Building -
Planning	276,000 -   

11.	Memorial Hospital - Fire Alarm/
Sprinkler System Upgrade	4,003,100 -   

Department of Commerce
(Total)	8,000,000 -   
1.	Hazardous Waste Treatment
Commission - Reserve for
Site Acquisition	2,000,000 -  

2.	State Ports Authority
Development	6,000,000 -  

Department of Community Colleges
(Total)	4,171,459 -   
1.	Completion of Original
Five-Year Capital
Improvements Plan	3,321,459 -   

2.	Repayment of Construction
Loans Made Between Colleges	850,000 -   

Department of Crime Control
and Public Safety
(Total)	1,774,000 -   

1.	National Guard - Expansion/
Modification to Military
Center Building in Raleigh	1,774,000 -   

Department of Cultural Resources
(Total)	1,345,000 -   

1.	Ziegler House Renovation	463,000 -   

2.	Charlotte Hawkins Brown
State Historic Site -
Improvements	482,000 -   

3.	Spencer Shops - Round
House Renovations	200,000 -   

4.	Museum of the Albemarle -
Planning	150,000 -   

5.	Newbold-White House -
Land Acquisition	50,000 -   

Department of Human Resources
(Total)	10,900,000 -   

1.	Life Safety Code Improvement
Projects	2,900,000 -   

2.	Reserve Area Mental
Health Centers	1,500,000 -   

3.	Reserve - Solid Waste
Management Loan Fund	5,000,000 -   

4.	Vocational Rehabilitation
Program - Purchase Buildings
from Wayne Community College	1,500,000 -   

Department of Justice
(Total)	12,186,000 8,000,000

1.	New State Bureau of
Investigation Complex 	12,186,000 8,000,000

Department of Correction
(Total)	2,221,950 1,748,300

1.	Reserve for electrical,
heating, ventilating
repairs at various field
units.	341,700 347,800

2.	Harnett Correctional Center.
Renovate present dorms.	710,700   -  

3.	Wastewater and water system
improvements.	1,114,350 820,100

4.	Repair and renovation of
plumbing at 51 field units.	   -   517,600

5.	Morrison Youth.  Fencing for
Edwards dorm.	55,200    -  

6.	Renovate Dorm A at the North
Carolina Correctional
Institution for Women to
house a substance abuse
treatment program.	   -   62,800

Department of Natural Resources
and Community Development
(Total)	15,300,900 -   

1.	Reserve for Development of
the State Park System	8,000,000 -   

2.	Reserve for Civil Works
Projects	2,200,000 -   

3.	North Carolina Zoological Park
Complete North American Phase

Total Requirements	5,312,500
Less Receipts	1,062,500
Appropriation	4,250,000 -   

4.	Geological Survey Core
Repository	250,900 -   
5.	Small Watersheds Grant
Program	100,000 -   

6.	Division of Coastal Management -
Coastal Reserves	500,000 -   

Office of State Budget and Management
(Total)	50,145,611 28,152,542

1.	Reserve for Repairs and
Renovations	32,111,177 -   

2.	Reserve for Low-Level
Radioactive Waste Site
Selection	8,000,000 6,000,000

3.	Prison Construction

a.	Columbus County Unit	3,619,581     -   

b.	Harnett Correctional Center	   -    4,192,984

c.	Pender County Unit	   -    3,953,533

d.	Construction of a new 652-bed
receiving and processing
center	-    2,310,651

e.	Alamance County Unit	31,883 1,171,345

f.	Duplin County Unit	43,804 1,551,427

g.	Anson County Unit	38,813 1,518,702

h.	North Carolina Correctional
Institution for Women - Kitchen/
dining facility improvements	660,168 -  

i.	Fountain Correctional Center
Renovate building for female
misdemeanant processing	332,200    -  

j.	Nash - Sign Plant
(ENTERPRISES)	701,000 -  

k.	Harnett - Metal Products Plant
(ENTERPRISES)	-   1,531,800

l.	Harnett - Tailoring Plant
(ENTERPRISES)	-   1,028,100

m.	Renovations of Building A at
Cherry Hospital in Goldsboro
for a DWI Probation/Parole
Treatment Facility	-   894,000

n.	Satellite Jail/Work Release
Units for Misdemeanants	3,606,985 4,000,000

4.	Executive Mansion Funds
(dollar-for-dollar match)	1,000,000 -   

GRAND TOTAL - GENERAL FUND	193,382,920 55,900,842

CAPITAL IMPROVEMENTS/GENERAL FUND/STATE AID

Sec. 4.1.  Appropriations are made from the General Fund for use by the State departments, institutions, and agencies to provide for capital improvement/State aid projects according to the following schedule:
	1989-90 1990-91
Department of Commerce

1.	Biotechnology Center -
Construction and equipping of
new headquarters building
(dollar-for-dollar matching
requirement)	1,000,000 -   

Department of Cultural Resources

1.	Reserve - Library Construction	500,000 -   

Office of State Budget and Management
(Total)	12,550,000 -   

1.	Clean Water and Sewer Program	10,000,000 -   

2.	Reserve for State Aid

a.	Greensboro/High Point
Airport (Orion Air)	700,000 -   

b.	Roanoke Island Historical
Association - Land purchase	350,000 -   

c.	Charlotte Performing Arts
Center	1,000,000 -   

d.	Cunningham Air Museum	500,000 -   

e.	Myrover-Reese Substance
Abuse Treatment Facility	125,000 -  

GRAND TOTAL - GENERAL FUND
STATE AID	14,175,000 -   

––-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
57.	Manns Harbor - Cost Overrun on
Marine Maintenance Facility	1,000,000 -   
DIVISION OF HIGHWAYS TOTAL	$ 8,299,950 $ 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

DEPARTMENT OF CRIME CONTROL
AND PUBLIC SAFETY
1.	Highway Patrol - Upgrade and Replace
Underground Gas Storage Tanks	212,350 -   
2.	Highway Patrol - Air condition
and expand Dining Facility at
Highway Patrol Training Center	131,300 -   
3.	Highway Patrol - Design fee for
the Troop H, Headquarters Building
Charlotte/Monroe Area	42,380 760,920
4.	Highway Patrol - Design fee for
Communications and Logistics
Headquarters Facility	-   134,571
5.	Highway Patrol - Helicopter
Hangar at Highway Patrol
Training Center	82,800 -  
6.	Highway Patrol - Additional Parts
Storage for State Agency Vehicles	16,200 -  
HIGHWAY PATROL TOTAL	485,030 895,491

GRAND TOTAL - HIGHWAY FUND	$11,539,880 $10,965,941

NONRECURRING APPROPRIATIONS/GENERAL FUND

Sec. 5.1.  Appropriations are made from the General Fund for nonrecurring purposes according to the following schedule:
	1989-90 1990-91
Department of Natural Resources and
Community Development

1.	Division of Marine Fisheries

a.	Oyster Rehabilitation Program	392,080 -   

b.	Purchase of Aircraft	100,000 -   

Department of Crime Control and Public Safety

1.	Division of Emergency Management
Purchase emergency management
radios for coastal area
counties	150,000 -   

Department of Commerce

1.	Montgomery County - Economic
Development	50,000 -   

Office of State Budget and Management

1.	State Aid Reserve

a.	Discovery Place - Charlotte	250,000 -   

b.	Community Self-Help	2,000,000 -   

Board of Governors - University of
North Carolina

1. UNC - Charlotte - Applied
Research Center Equipment	1,000,000 -   

GRAND TOTAL - GENERAL FUND	3,942,080

NONRECURRING APPROPRIATIONS/HIGHWAY FUND
Sec. 5.2.  Appropriations are made from the Highway Fund for nonrecurring purposes according to the following schedule:

	1989-90 1990-91
Department of Transportation

1.	For erection of hurricane
emergency evacuation signs
for coastal areas subject
to hurricane damage	100,000 -   

Department of Commerce

1.	Grant-in-Aid to Keep North
Carolina Beautiful, Inc., to
assist in their Adopt-a-
Highway Program	25,000 -   

GRAND TOTAL - HIGHWAY FUND	125,000 -   

Requested by:   Senator Royall
––-STUDY COMMISSION ON THE FUTURE OF EDUCATION
Sec. 6.  (a)	The Study Commission on the Future of Education is created.  The Commission shall be located administratively within the Department of Public Education.  The Commission shall consist of 48 members appointed as follows:
(1)	Three members of the General Assembly, three educators, three representatives of business or industry, and three citizens who are none of the above, appointed by the Governor;
(2)	Three members of the General Assembly, three educators, three representatives of business or industry, and three citizens who are none of the above, appointed by the State Superintendent of Public Instruction;
(3)	Three members of the General Assembly, three educators, three representatives of business or industry, and three citizens who are none of the above, appointed by the President Pro Tempore of the Senate; and
(4)	Three members of the General Assembly, three educators, three representatives of business or industry, and three citizens who are none of the above, appointed by the Speaker of the House of Representatives.
(b)	The State Superintendent of Public Instruction shall designate a chairman of the Commission.
(c)	The Commission shall:
(1)	Study all recent education initiatives and goals, including the Basic Education Program and the Career Development Pilot Program;
(2)	Hold public hearings throughout the State on whether and how the State should implement or continue to implement these initiatives and goals; and
(3)	Determine which of these initiatives and goals the State should implement or continue to implement; how they should be implemented to improve the quality of the State education system and to prepare young people to be well-educated, productive citizens; and how they should be funded.
(d)	The Commission shall submit an interim report of its findings and recommendations to the Governor, the State Superintendent of Public Instruction and the General Assembly on or before May 1, 1990.  The Commission shall submit a final report of its findings and recommendations to the Governor, the State Superintendent of Public Instruction, and the General Assembly on or before January 1, 1991.  Upon filing its final report, the Commission shall terminate.
(e)  Members of the Commission who are legislators shall receive subsistence and travel expenses at the rates set forth in G.S. 120-3.1.  Members who are officials or employees of the State shall be paid subsistence and travel allowances at the rates set forth in G.S. 138-6.  Other members of the Commission shall be paid per diem, subsistence, and travel allowances at the rates established in G.S. 138-5.
(f)  The Commission may contract for professional, clerical, or consultant services as it considers appropriate.
(g)  When a vacancy occurs in the membership of the Commission the vacancy shall be filled by the same appointing officer who made the initial appointment.
(h)  All State departments and agencies and local governments and their subdivisions shall furnish the Commission with any information in their possession or available to them.
(i)  Of the funds appropriated from the General Fund to the General Assembly $100,000 for the 1989-90 fiscal year shall be used to fund the Study Commission on the Future of Education.

Requested by:   Senator Ward
––-ALLOCATION OF COMMUNITY COLLEGE CAPITAL FUNDS
Sec. 7.  Funds appropriated for the 1989-90 fiscal year to the Department of Community Colleges and allocated to local institutions for capital projects shall remain available until expended and may not revert to the General Fund.

Requested by:   Senator Royall
––-ALLOCATION OF COMMUNITY COLLEGE CAPITAL
Sec. 8. (a)	Of the funds appropriated to the Department of Community Colleges for the 1989-90 fiscal year for capital construction, $3,321,459 shall be allocated as follows to complete the State Board of Community Colleges' original capital construction priority list:
1.	Cape Fear Community College	$  500,000
2.	Catawba Valley Comm. College	$  650,000
3.	Caldwell Comm. College & Tech. Inst.	$  100,000
4.	Randolph Comm. College	$1,200,000
5.	Halifax Comm. College	$  410,459
6.	Isothermal Comm. College	$  461,000.
(b)	Of the funds appropriated to the Department of Community Colleges for the 1989-90 fiscal year for capital construction, $850,000 shall be allocated as follows to repay construction funds borrowed from other community colleges:
1.	Carteret Comm. College	$   80,000
2.	College of the Albemarle	$  225,000
3.	Isothermal Comm. College	$   50,000
4.	Richmond Comm. College	$  145,000
5.	Vance-Granville Comm. College	$  350,000.

Requested by:   Senators Conder and Plyler
––-FOCUSED INDUSTRIAL TRAINING PROGRAM
Sec. 9.  Notwithstanding the provisions of G.S. 96-5(f), there is appropriated from the Worker Training Trust Fund to the Department of Community Colleges $350,000 for the 1989-90 fiscal year and $500,000 for the 1990-91 fiscal year to expand the Focused Industrial Training Program administered by the Department of Community Colleges.
The Department shall report on the use of these funds to the chairmen of the Senate and House of Representatives committees on appropriations and appropriations on education, the Joint Legislative Commission on Governmental Operations, and the Fiscal Research Division, prior to January 1, 1991.

Requested by:   Senators Ward and Tally
––-UNC EXTENSION FEES/CHARGES REVIEW
Sec. 10.  The Board of Governors of The University of North Carolina shall review its policies on fees and charges for extension courses offered at any of its constituent institutions to ensure that the fees provide reasonable access to exclusive degree offerings in geographic areas, that the fees are consistent with statutes providing for different charges for residents and nonresidents, and that the fees do not lead to unnecessary competition among colleges in the same geographic services area.  The Board shall report to the General Assembly by May 1, 1990, on its findings and on any changes or proposed changes in its extension course fees policies.

Requested by:   Senator Swain
––-VETERANS CEMETERIES FUNDS
Sec. 12.  (a)	Of the funds appropriated to the Department of Administration by Section 4 of this act for the 1989-90 fiscal year, $800,000 may be used for fees, advanced planning, site improvements, and construction costs of the two veterans cemeteries to be established in the 3rd and 11th United States Congressional Districts in accordance with Article 8A of Chapter 65 of the General Statutes.
(b)	Funds allocated by subsection (a) of this section shall provide for the employment of one project manager and administrative expenses.  The project manager shall be a time-limited position of no more than two years at a pay grade 74, subject to the provisions of Chapter 126 of the General Statutes.
(c)	Funds allocated by subsection (a) of this section that are not expended by the end of the 1989-90 fiscal year may not revert, but shall be used for fees, planning, site improvements, or construction costs for the veterans cemetery to be established in the 7th United States Congressional District in accordance with Article 8A of Chapter 65 of the General Statutes.

Requested by:   Senator Royall
––-LIBRARY CONSTRUCTION FUNDS
Sec. 13.  (a)	Of the funds appropriated to the Department of Cultural Resources in Section 4 of this act, $500,000 for the 1989-90 fiscal year shall be used for the construction of public libraries.
(b)	A maximum of one construction grant per public library system may be awarded.  Each construction grant shall be for no more than ten percent (10%) of the funds allocated by this section.
(c)	All construction grants to public libraries shall be contingent on a local dollar-for-dollar match.

Requested by:   Senator Royall
––-HIGHWAY FUNDS/ADJUSTMENT TO REFLECT ACTUAL REVENUE
Sec. 14.  Section 52 of Chapter 500 of the 1989 Session Laws, the Current Operations Appropriations Act of 1989, reads as rewritten:
"Sec. 52.  Any unreserved credit balance in the Highway Fund on June 30 of each of the fiscal years shall support appropriations in the succeeding fiscal year.  If all of the balance is not needed for these appropriations, the Director of the Budget may use the remaining excess to establish a reserve for access and public roads, a reserve for purchase of rights-of-way, a reserve for unforeseen happening of a state of affairs requiring prompt action as provided in G.S. 136-44.1, and other required reserves.  Actual revenue in excess of estimated revenue shall be placed in the reserve for highway construction and maintenance.  If all the remaining excess is not used to establish these reserves, the remainder shall be allocated to the State-funded maintenance or construction appropriations in the manner approved by the Board of Transportation.  The Board of Transportation shall report monthly to the Joint Legislative Commission on Governmental Operations about the use of the reserve for highway construction and maintenance.  The Board of Transportation shall sent copies of the monthly reports to the Chairman of the Senate Appropriations Committee on Natural and Economic Resources, the Chairman of the Highway Fund SUbcommittee of the Appropriations Committee of the House of Representatives, the Chairman of the Senate Transportation Committee, and the Chairman of the Highways Subcommittee of the Infrastructure Committee of the House of Representatives."

Requested by:   Senator Marvin
––-USE OF DRUG ENFORCEMENT RECEIPTS
Sec. 15.  The Department of Crime Control and Public Safety shall use the $258,200 of drug law enforcement receipts in its budget for the 1989-90 fiscal year for operating expenses related to drug law enforcement activities of the Highway Patrol and for other one-time equipment purchases. The Department of Crime Control and Public Safety shall report to the Joint Legislative Commission on Governmental Operations on its intended use of these funds in compliance with Section 63 of Chapter 500 of the 1989 Session Laws, the Current Operations Appropriations Act of 1989.

Requested by:   Senator Marvin
––-UNDERGROUND STORAGE TANK FUNDS
Sec. 16.  Of the funds appropriated in Section 5 of this act to the Department of Crime Control and Public Safety, the sum of $212,350 for the 1989-90 fiscal year shall be used to begin the upgrading and replacement of underground gasoline storage tanks to meet the standards required by the Environmental Protection Act.  The Department of Crime Control and Public Safety, Division of Highway Patrol, shall report to the Senate Appropriations Committee on Justice and Public Safety and to the Fiscal Research Division by April 15, 1990, on additional costs needed to meet the standards required by the Environmental Protection Act and on receipts that are available to the Highway Patrol Division to offset these costs.

Requested by:   Senator Marvin
––-STATE LAW ENFORCEMENT FIRING RANGE STUDY
Sec. 17.  The Department of Crime Control and Public Safety and the Department of Justice shall study the feasibility of constructing a firing range to be used by the Highway Patrol, the State Bureau of Investigation, and other State law enforcement agencies and shall submit a report and recommendations to the Senate Appropriations Committee on Justice and Public Safety and to the Fiscal Research Division by May 1, 1990.  The report shall include a list of all firing ranges currently available for use by State law enforcement agencies, an analysis of the man-hours lost due to travel to and from these facilities, the cost of maintaining the present facilities, any other costs associated with current arrangements for the use of firing ranges by State law enforcement agencies, and recommendations of possible sites for the location or construction of a firing range for the use of all State law enforcement personnel.

Requested by:  Senator Marvin
––-LAW ENFORCEMENT DRIVING TRACK FUNDS
Sec. 17.1.  Of the unexpended funds appropriated for the 1987-88 fiscal year to the Department of Crime Control and Public Safety in Section 5 of Chapter 795 of the 1987 Session Laws for the law enforcement precision driving track, $239,400 shall be placed in a reserve for the construction of an observation tower.  These funds shall be spent as directed by the 1990 Session of the 1989 General Assembly.

Requested by:   Senator Marvin
––-PRISON CONSTRUCTION
Sec. 18. (a) Of the funds appropriated in Section 4 of this act to the Office of State Budget and Management for the purpose of construction of prison facilities, the Office of State Budget and Management may contract for and supervise all aspects of administration, technical assistance, design, construction, or demolition of prison facilities without being subject to the requirements of the following statutes and rules implementing those statutes: G.S. 143-135.26(1), 143-128, 143-129, 143-132, 143-134, 143-131, 143-135.26, 143-64.10 through 143-64.13, 113A-1 through 113A-10, 113A-50 through 113A-66, 133-1.1(b), and 133-1.1(g). All contracts for the design, construction, or demolition of these facilities shall include a penalty for failure to complete the work by a specified date.
(b) The Office of State Budget and Management shall report to the Cochairmen of the Prison Construction Subcommittee of the Joint Legislative Commission on Governmental Operations at least monthly and shall report quarterly to the Chairmen of the Appropriations Committee and the Base Budget Committee in the Senate, the Chairman of the Appropriations Committee in the House, the Joint Legislative Commission on Governmental Operations, and the Fiscal Research Division on the funds appropriated by this section. The report shall include information on which contractors have been selected, what contracts have been entered into, the projected and actual occupancy dates of facilities contracted for, the number of prison beds to be constructed on each project, the location of each project, and the projected and actual cost of each project.
(c) The Office of State Budget and Management and the Department of Correction shall provide quarterly reports to the Chairmen of the Appropriations Committee and the Base Budget Committee in the Senate, the Chairman of the Appropriations Committee in the House, the Joint Legislative Commission on Governmental Operations, and the Fiscal Research Division on expenditures of funds appropriated by the 1989 General Assembly for capital projects of the Department of Correction. The reports shall include information on the location and the projected and actual cost of each project, both on contract and in-house, which contractors have been selected and what contracts have been entered into, and the projected and actual occupancy dates of the facilities. These reports shall continue to be made until the completion of these projects.

Requested by:   Senator Marvin
––-LAND ACQUISITION COST FOR NEW DIAGNOSTIC UNIT
Sec. 19.  Of the funds appropriated to the Office of State Budget and Management for the construction of a new diagnostic unit, no more than the sum of $1,000,000 shall be allocated for the cost of land acquisition in the 1990-91 fiscal year.

Requested by:   Senator Marvin
––-CONSTRUCTION OF CHAPEL AT JOHNSTON COUNTY PRISON UNIT
Sec. 20.  Funds previously appropriated in Section 4 of Chapter 1014 of the 1985 Session Laws and in Sections 3 and 125 of Chapter 1086 of the 1987 Session Laws, for the construction of a chapel at the Johnston County prison unit, may be used to provide a chapel through either the construction of a new building, the construction of an addition to a proposed building, or the construction of an addition to an existing building at the Johnston County prison unit. The Director of the Budget shall determine the method to be used for constructing the chapel. If construction contracts for the chapel have not been awarded by June 30, 1990, the funds shall revert to the original source. This June 30, 1990, deadline may be extended by the Director of the Budget up to an additional 12 months if circumstances and conditions warrant such an extension.

Requested by:   Senator Martin of Pitt
––-FORESTRY RESOURCES REGIONAL HEADQUARTERS
Sec. 21.  The Department of Natural Resources and Community Development, Division of Forest Resources, may construct, by force account, a regional headquarters facility on its present county headquarters site in Buncombe County utilizing Division receipted monies.  This authorization allows the force account construction to exceed $50,000 but not to exceed $150,000, as required for job completion.

Requested by:   Senator Basnight
––-FORESTRY HEADQUARTERS BUILDINGS
Sec. 21.1.  Of the funds appropriated to the Office of State Budget and Management for the 1989-90 fiscal year as a reserve for repairs and renovations, $500,000 shall be allocated to the Division of Forest Resources, Department of Natural Resources and Community Development, for forestry headquarters and equipment complexes.

Requested by:   Senators Basnight and Martin of Pitt
––-INCUBATOR FACILITIES FUNDING
Sec. 22.  (a) Notwithstanding any provision of law to the contrary, funds appropriated in Section 3 of Chapter 500 of the 1989 Session Laws to the Department of Commerce for the Technological Development Authority for the 1989-90 fiscal year and for the 1990-91 fiscal year for incubator facilities shall be used to start new incubator facilities.  Any funds that have not been allocated for first time grants for new facilities as of May 15 of each fiscal year may be used for grants of up to $200,000 for that fiscal year to grant recipients of prior fiscal years to expand the capacity of existing incubator facilities.
(b)	Beginning October 1, 1989, the Technological Development Authority shall provide quarterly reports to the Joint Legislative Commission on Governmental Operations and to the Director of the Fiscal Research Division not less than 48 hours prior to the Commission's full meeting.  These reports shall include information regarding the use of funds allocated as grants during the previous quarter.

Requested by:   Senator Tally
––-LAKE RIM FISH HATCHERY REPAIRS
Sec. 23.  The Wildlife Resources Commission may use no more than $250,000 for the 1989-90 fiscal year to repair the dam at the Lake Rim Fish Hatchery in Cumberland County.

Requested by:   Senator Martin of Pitt
––-ZOOLOGICAL PARK FUNDS
Sec. 24.  Of the funds appropriated to the Department of Natural Resources and Community Development in Section 4 of this act, $4,250,000 for the 1989-90 fiscal year shall be used for the North Carolina Zoological Park, provided that the North Carolina Zoological Park Society raises $1,062,500 for the 1989-90 fiscal year to match this appropriation on a basis of four State dollars for every one non-State dollar.  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.

Requested by:   Senators Royall and Martin of Pitt
––-STATE PARKS CAPITAL FUNDS
Sec. 25.  (a)	Of the funds appropriated to the Department of Natural Resources and Community Development in Section 4 of this act for a reserve for repairs and renovations of State park facilities:
(1)	The sum of $271,895 for the 1989-90 fiscal year shall be used to establish and support six positions in the Department of Natural Resources and Community Development to manage those capital improvement projects which are authorized and funded in Section 4 of this act;
(2)	The sum of $5,728,105 for the 1989-90 fiscal year shall be used for repairs, renovations, and capital improvements throughout the State park system; and
(3)	The sum of $2,000,000 for the 1989-90 fiscal year shall be used to acquire critical parcels of inholdings for inclusion in the State park system.
(b)	No later than October 1, 1989, the Department of Natural Resources and Community Development shall provide a list of the repairs, renovations, and capital improvement projects for the 1989-90 fiscal year to the Joint Legislative Commission on Governmental Operations, the Office of State Budget and Management, and the Director of the Fiscal Research Division.
(c)	The report required by subsection (b) of this section shall include:
(1)	The project name;
(2)	A description of the projects funded in the 1989-90 fiscal year;
(3)	Funding allocation for these projects;
(4)	The dates that the projects began and were completed;
(5)	The amount of time required to complete each project;
(6)	The actual cost of each project; and
(7)	A projection of the appropriations needed for repairs, renovations, and capital improvements throughout the State park system.
(d)	No later than October 1 each year of the biennium, the Department of Natural Resources and Community Development shall provide a list of acquisitions made pursuant to subdivision (3) of subsection (a) of this section for that year of the biennium to the Joint Legislative Commission on Governmental Operations, the Office of State Budget and Management, the Director of the Fiscal Research Division, and the 1991 General Assembly.  This report shall include:
(1)	A description of the land acquired;
(2)	Funding allocation for each acquisition;
(3)	The date that each acquisition was finalized;
(4)	The actual cost of each acquisition; and
(5)	A projection of the appropriations needed to acquire critical inholdings throughout the State park system in the future.

Requested by:   Senator Martin of Pitt
––-CIVIL WORKS PROJECTS 
Sec. 26.  Of the funds appropriated to the Department of Natural Resources and Community Development in Section 4 of this act, the sum of $2,200,000 in the 1989-90 fiscal year shall be used for civil works projects.  These funds shall be allocated as follows:
(1)	Wilmington Harbor Maintenance
Dredging		               $225,000
(2)	Northeast Cape Fear River
Navigation Improvement 	          201,000
(3)	Wanchese Channel Maintenance
Dredging                     	    231,000
(4)	Wilmington Harbor Passing Lane
Study                        	    173,000
(5)	Wrightsville Beach Protection     	    353,000
(6)	Aquatic Weed Control                 	  40,000
(7)	State Local Water Resources
Development Project Grants      	 499,000
(8)	Cape Lookout Ferry Channel
Maintenance                     	 175,000
(9)	Corps of Engineers Feasibility
Studies                        	   50,000
(10)	Wilmington Harbor Turns and Bends
Study                         	   150,000
(11)	Wilmington Harbor Turning Basin
Study                           	  90,000
(12)	Neuse River (Oriental) Bank
Protection                       	 13,000.
Any funds not expended or encumbered for these purposes shall revert to the General Fund at the end of the 1989-90 fiscal year.

Requested by:   Senator Barker
––-A.A. CUNNINGHAM AIR MUSEUM FUNDS
Sec. 27.  Of the funds appropriated to the Office of State Budget and Management for fiscal year 1989-90, $500,000 shall be made available to the A. A. Cunningham Air Museum Foundation, Inc., for capital improvements to the marine and aviation museum.  These public funds shall be matched on a three-to-one, private-to-public basis.

Requested by:   Senator Royall
––-EXECUTIVE MANSION FUNDS
Sec. 28.  (a) Of the funds appropriated in Section 4 of this act to the Office of State Budget and Management for fiscal year 1989-90, $1,000,000 shall be made available to the Executive Mansion Fund, Inc., provided an equal amount of non-State funds is raised by that corporation for the Executive Mansion.
(b)	State funds made available by subsection (a) of this section may be used only as follows:
(1)	For the Fine Arts Reserve Fund, to be used for acquisitions, restoration, and operations but not for staff support; and
(2)	For immediate needs for restoration and acquisitions for the first floor public areas of the Mansion.
(c) State funds may only be released to the Executive Mansion Fund, Inc., upon receipt of actual cash, stock, securities and other items valued in a manner consistent with federal and State law and regulations regarding deductions for charitable donations; and legally binding pledges of support from corporations, foundations, and private individuals.
(d)	No State funds may be used in support of fund-raising costs, the centennial book, or to fund staff support of the Executive Mansion Fine Arts Committee or the Executive Mansion Fund, Inc.

Requested by:   Senators Martin of Pitt and Hunt of Durham
––-CENTER FOR COMMUNITY SELF-HELP FUNDS
Sec. 29.  (a) Of the funds appropriated in Section 5.1 of this act to the Office of State Budget and Management to the Center for Community Self-Help $2,000,000 for the 1989-90 fiscal year shall be used for the purpose of furthering a revolving loan program of lending, to be leveraged at a 24 to 1 ratio with other funds for home-ownership to low and moderate income families in North Carolina.  Loans made under the program shall be conditioned on the unavailability of mortgage loans for the same purposes from private lenders upon reasonably equivalent terms and conditions.  Payments of principal shall be available for further loans.
(b)	The Center for Community Self-Help will submit, within 180 days after the close of its fiscal year, audited financial statements to the State Controller.  All records pertaining to the use of State funds will be made available to the State Auditor upon request.  The Center for Community Self-Help will make quarterly reports on the use of State funds to the State Controller, in form and format prescribed by the State Controller or his designee.  The Center for Community Self-Help will make a written report by May 1 of each year for the next three years to the General Assembly on the use of the funds appropriated by this act.
(c)	The Center for Community Self-Help shall report to the Joint Legislative Commission on Governmental Operations, the House and Senate Appropriations Committees on Natural and Economic Resources, and the Department of Commerce on a quarterly basis for the life of the revolving fund as to the status of the home-ownership lending program.  The report shall include:  the amount of total monies available; the amount of total monies loaned; the total number of homes financed; and the income of the borrowers.
(d)	The Office of State Auditor may conduct an annual end-of-year audit of the revolving fund for home ownership lending of the Center for Community Self-Help for each year of the life of the revolving fund.
(e)  If the Center for Community Self-Help dissolves, the corporation will transfer the remaining assets of the revolving fund to the State and will refrain from disposing of the revolving fund assets without approval of the State Treasurer.
(f)  The Office of State Budget and Management shall disburse the funds described in subsection (a) of this section in $1,000,000 increments upon presentation by the Center for Community Self-Help of letters documenting the willingness of institutions to make matching loan capital available for this program on a 24 to 1 basis for each $1,000,000 disbursement increment.  The Office of State Budget and Management shall disburse the funds within 10 working days of the receipt of such letters.

Requested by:   Senator Martin of Pitt
––-UTILITY COMMISSION STAFF POSITIONS
Sec. 30.  There is appropriated from the fees collected pursuant to G.S. 62-300, to the North Carolina Utilities Commission $157,486 for each of the 1989-90 and 1990-91 fiscal years to establish and support two Grade 80 Public Utilities Engineer III positions to assist in the Commission's statutory responsibilities in the regulation of the regulated electric and natural gas industries in North Carolina.

––-RESERVE FOR ADVANCE PLANNING
Sec. 31.   The Division of State Construction shall report to the Joint Legislative Commission on Governmental Operations and to the Fiscal Research Division on how it intends to spend funds from the Reserve for Advance Planning at least 45 days before it spends the funds.
	The Division of State Construction shall also report the results of any project on which it uses funds from the Reserve for Advance Planning to the Joint Legislative Commission on Governmental Operations and to the Fiscal Research Division.

––-ENCUMBERED APPROPRIATIONS AND PROJECT RESERVE FUND
Sec. 32.  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 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. 33.  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 at its next meeting.  The increase may be funded from gifts, federal or private grants, special fund receipts, excess patient receipts above those budgeted at North Carolina Memorial Hospital, or direct capital improvement appropriations to that department or institution.

––-NEW PROJECT AUTHORIZATION
Sec. 34.  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, excess patient receipts above those budgeted at North Carolina Memorial Hospital, 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 at its next meeting.

––-ADVANCE PLANNING OF CAPITAL IMPROVEMENT PROJECTS
Sec. 35.  Funds which become available by gifts, excess patient receipts above those budgeted at North Carolina Memorial Hospital, 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. 36.  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 32 of this act.  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.

Requested by:   Senator Royall
––-RENOVATIONS RESERVE
Sec. 36.1.  The Board of Governors of The University of North Carolina may submit requests for funding of repairs and renovations projects from the Reserve for Repairs and Renovations appropriated to the Office of State Budget and Management in Section 4 of this act.  Eligible projects include those projects requested by the Board of Governors in the 1989-91 budget requests.

Requested by:  Senator Royall
––-CLEAN WATER AND SEWER PROGRAM
Sec. 36.2.  Funds appropriated in Section 4.1 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.

––-EFFECT OF HEADINGS
Sec. 37.  The headings to the sections of this act are a convenience to the reader and are for reference only.  The headings do not expand, limit, or define the text of this act.

––-EFFECTIVE DATE
Sec. 38.  This act shall become effective July 1, 1989.