GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 1666*

Short Title:  Governor's 1994 Capital Approp.	(Public)
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Sponsors: Representatives Nesbitt, Diamont; Crawford, Gottovi, Green, Kennedy, and McLawhorn.
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Referred to:  Appropriations.
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May 26, 1994

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

PART 1.  INTRODUCTION

Section 1.  The appropriations made by the 1993 General Assembly, Regular Session 1994, for capital improvements are for constructing, repairing or renovating State buildings, utilities, and other capital facilities, for acquiring sites for them where necessary, and acquiring buildings and land for State government purposes.

PART 2.  TITLE

Sec. 2.  This act shall be known as "The Capital Improvements Appropriations Act of 1994".

PART 3.  PROCEDURES FOR DISBURSEMENTS

Sec. 3.  The appropriations made by the 1993 General Assembly, Regular Session 1994, 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.
Where direct capital improvements 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 improvements projects authorized by the 1993 General Assembly, Regular Session 1994, 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 projects authorized by the 1993 General Assembly, Regular Session 1994, for the design phase only shall be designed within the scope of the project as defined by the approved cost estimate filed with the Director of the Budget, including costs associated with site preparation, demolition, movable and fixed equipment, and works of art as required by G.S. 143-408.4.

PART 4.  CAPITAL IMPROVEMENTS/GENERAL FUND

Sec. 4.  Appropriations are made from the General Fund for the 1994-95 fiscal year for use by the State departments, institutions, and agencies to provide for capital improvements projects according to the following schedule:

	1994-95  

DEPARTMENT OF ADMINISTRATION (Total)	$ 51,364,500
1.	Reserve for Repairs/Renovation of the Old
Education and Revenue Buildings	20,000,000
2.	State Government Visitors' Center	430,000
3.	Natural Science Museum and Wet Lab Collection 30,934,500

DEPARTMENT OF AGRICULTURE (Total)	10,979,600
1.	Eastern North Carolina Agricultural
Center-Phase I Completion	3,600,000
2.	Cattle and Livestock Exposition Center	7,379,600
3.	Dairy Milking Parlor-Umstead Research
Station-Supplement Requirements	$387,000
Timber Receipts	387,000
State Appropriation	   -   

UNIVERSITY-BOARD OF GOVERNORS (Total)	70,000,000
1.	Reserve for Funding UNC-Board of Governors Schedule
of Priorities for Capital Improvements	70,000,000

DEPARTMENT OF CULTURAL RESOURCES (Total)	15,470,000
1.	Fort Fisher State Historic Site Erosion Control Measures
Requirements	8,340,000
Receipts-Federal	4,170,000
State Appropriation	4,170,000
2.	Elizabeth II State Historic Site	10,000,000
3.	Museum of the Graveyard of the Atlantic	800,000
4.	Museum of the Cape Fear-Branch of the State
Museum of History	500,000

DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL
RESOURCES (Total)	 23,383,000
1.	North Carolina Aquariums-Planning	950,000
2.	Water Resources (Civil Works) Development Projects 2,000,000
3.	Wilmington Harbor Ocean Bar Deepening	10,906,000
4.	Falls Lake Recreation/Jordan Lake Water
Supply-Repayment	9,527,000

DEPARTMENT OF JUSTICE (Total)	12,404,300
1.	State Bureau of Investigation Operations Building 12,404,300

OFFICE OF STATE BUDGET AND MANAGEMENT (Total)	5,000,000
1.	National Institute of Statistical Sciences-Grant
for Capital Improvements	2,500,000
2.	Randleman Dam/Lake Project-Grant for Land Acquisition	   2,500,000

TOTAL CAPITAL IMPROVEMENTS/GENERAL FUND	$188,601.400

PART 5.  SPECIAL PROVISIONS

EXPENDITURE OF FUNDS FROM RESERVE FOR REPAIRS AND RENOVATIONS
Sec. 5.  Of the funds in the Reserve for Repairs and Renovations for the 1994-95 fiscal year, fifty-five percent (55%) shall be allocated to the Board of Governors of The University of North Carolina for repairs and renovations to General Fund supported facilities and related infrastructure in The University of North Carolina, including the North Carolina School of Science and Mathematics, and forty-five percent (45%) shall be allocated to the Office of State Budget and Management for necessary repairs and renovations to all other General Fund supported facilities and related infrastructure.  From this Reserve, the Board of Governors may expend thirty-three million dollars ($33,000,000), and the Office of State Budget and Management may expend twenty-seven million dollars ($27,000,000) for repairs and renovations, improvements to roads and walks, architectural barrier removal, and North Carolina Occupational Safety and Health Act projects.
Any such finding shall be included in the Board's submission to the Joint Legislative Commission on Governmental Operations on the proposed allocation of funds.

WATER RESOURCES DEVELOPMENT FUNDS
Sec. 6.  The funds appropriated in Section 4 of this act to the Department of Environment, Health, and Natural Resources as a Reserve for Water Resources (Civil Works) shall be allocated by the Division of Water Resources for the following types of projects in accordance with the Department's Water Resources Development Plan:
(1)	Planning;
(2)	Construction projects;
(3)	Operations and maintenance projects; and
(4)	Feasibility studies.

FEDERAL MATCHING FUNDS
Sec. 7.  Where allocations made in Section 4 of this act are contingent upon federal matching funds being available, and federal matching funds do not become available by July 1, 1996, these allocations may be transferred to the Office of State Budget and Management and placed in the Reserve for Repairs and Renovations.

DOLLAR-FOR-DOLLAR MATCHING FUND
Sec. 8.  Of the funds appropriated to the Department of Cultural Resources in Section 4 of this act, the sum of eight hundred thousand dollars ($800,000) shall be used to provide a dollar-for-dollar matching fund for non-State funds made available to the Graveyard of the Atlantic Museum, Inc., for planning, developing, and constructing the Graveyard of the Atlantic Museum, its exhibits, and its support facilities.  The Department of Cultural Resources and the North Carolina Historical Commission, under the provisions of G. S. 121-11, shall adopt reasonable procedures, rules, and regulations regarding the provision and use of these funds in order to ensure that the best interests of the general citizenry of North Carolina are represented and that all State and matching funds are properly expended and accounted for.  Any funds remaining unexpended as of June 30, 1999, shall be reverted to the General Fund of the State of North Carolina.  The Department shall not disburse any funds until the Graveyard of the Atlantic Museum, Inc., has sufficiently certified to the Department that the National Park Service has made available land on which to construct the Museum.

ADVANCE PLANNING - NEW EMPLOYMENT SECURITY COMMISSION BUILDING
Sec. 9.  The Employment Security Commission of North Carolina may use up to one million dollars ($1,000,000) from the Special Employment Security Administrative Fund for advance planning of a new office building to be located in the Blue Ridge Road area of Raleigh.  The Employment Security Commission shall report to the Capital Planning Commission as to the scope, site, and construction schedule of the project no later than December 30, 1994.  The Department of Administration shall incorporate this building, and the subsequent availability of the Kendall Complex, into its long-range plan for the use of office space in the Raleigh area.

ART MUSEUM AMPHITHEATER
Sec. 10.  The Department of Cultural Resources, North Carolina Museum of Art, is authorized to use additional gifts and grants to supplement the Art Museum Amphitheater capital project authorized in Chapter 1044, Section 4 of the 1992 Session Laws.  The total scope of the project shall not exceed two million dollars ($2,000,000) and shall not include any funds appropriated from the General Fund of the State.

PART 6.  MISCELLANEOUS PROVISIONS

ENCUMBERED APPROPRIATIONS AND PROJECT RESERVE FUND
Sec. 11.  When each capital improvements project appropriated by the 1993 General Assembly, Regular Session 1994, 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 by 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. 12.  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.  The increase may be funded from gifts, federal or private grants, special fund receipts, excess patient receipts above those budgeted at University of North Carolina Hospitals at Chapel Hill, or direct capital improvements appropriations to that department or institution.

NEW PROJECT AUTHORIZATION
Sec. 13.  Upon the request of the administration of any State department or institution, the Governor may authorize the construction of a capital improvements 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 University of North Carolina Hospitals at Chapel Hill, or self-liquidating indebtedness.

ADVANCE PLANNING OF CAPITAL IMPROVEMENTS PROJECTS
Sec. 14.  Funds which become available by gifts, excess patient receipts above those budgeted at University of North Carolina Hospitals at Chapel Hill, federal or private grants, receipts become 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 improvements 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 improvements 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. 15.  Except as permitted in previous sections of this act, the appropriations for capital improvements made by the 1993 General Assembly, Regular Session 1994, may be expended only for specific projects set out by the 1993 General Assembly, Regular Session 1994, and for no other purpose.  Construction of all capital improvements projects enumerated by the 1993 General Assembly, Regular Session 1994, 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 by this act.  This deadline with respect to both direct and self-liquidating appropriations may be extended with the approval of the Director of the Budget up to an additional 12 months if circumstances and conditions warrant such extension.

1993-94 APPROPRIATIONS LIMITATIONS AND DIRECTIONS APPLY
Sec. 16.  Except where expressly repealed or amended by this act, the provisions of Chapters 451, 542, 550, and 561 of the 1993 Session Laws and the provisions of Chapter 24 of the 1994 Extra Session Laws remain in effect.

EFFECT OF HEADINGS
Sec. 17.  The headings to the Parts and 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.

SEVERABILITY CLAUSE
Sec. 18.  If any section or provision of this act is declared unconstitutional or invalid by the courts, it does not affect the validity of this act as a whole or any part other than the part so declared to be unconstitutional or invalid.

EFFECTIVE DATE
Sec. 19.  Except as otherwise provided, this act becomes effective July 1, 1994.