GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

S	1 

SENATE BILL 1273

Short Title:  Gov. Capital Budget '93.	(Public)
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Sponsors: Senators Daniel and Plyler (by request).
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Referred to:  Capital Expenditures and Improvements.
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June 30, 1993

A BILL TO BE ENTITLED
AN ACT TO MAKE APPROPRIATIONS TO PROVIDE CAPITAL IMPROVEMENTS AND OTHER NONRECURRING EXPENDITURES FOR STATE DEPARTMENTS, INSTITUTIONS, AND AGENCIES.
The General Assembly of North Carolina enacts:
INTRODUCTION
Section 1.  The appropriations made by the 1993 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.

TITLE
Sec. 2.  This act shall be known as "The Capital Improvement Appropriations Act of 1993".

PROCEDURES FOR DISBURSEMENTS
Sec. 3.  The appropriations made by the 1993 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.
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 1993 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 improvement projects authorized by the 1993 General Assembly 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.

CAPITAL IMPROVEMENTS/GENERAL FUND
Sec. 4.  Appropriations are made from the General Fund for the 1993-94 fiscal year for use by the State departments, institutions, and agencies to provide for capital improvement projects according to the following schedule:

	1993-94  

DEPARTMENT OF ADMINISTRATION (Total)	$15,038,400
1.	Reserve for Repairs/Renovations - 
Old Education and Old
Revenue Buildings	12,246,500
2.	State Veterans Cemetery - Fort Bragg
Requirements	$ 1,219,500
Receipts - Federal	    751,100
State Appropriation	468,400
3.	Upgrade Satellite System
Requirements	633,700
Receipts - Federal	310,200
State Appropriation	323,500
4.	Expansion - Aquariums - Planning	250,000
5.	Reserve for Western North Carolina Government
Center - Planning	1,000,000
6.	Reserve for Veterans' Home - State Share	750,000

DEPARTMENT OF AGRICULTURE (Total)	19,720,700
1.	Continued Development of Triad Farmers Market - 
Guilford County	4,471,300
2.	Medical Waste Incinerators -
Research Stations	712,900
3.	Pesticide Storage Buildings -
Research Stations	399,200
4.	Reserve for Livestock Facility -
Development	6,500,000
5.	Western North Carolina Agricultural Center -
Covered Show Ring	837,300
6.	Eastern North Carolina Agricultural Center -
Development	5,400,000
7.	Western North Carolina Agricultural Center -
Development and Expansion	1,400,000
8.	Shop and Equipment Storage Facility - Upper
Mountain Research Station
Requirements	323,300
Timber Receipts	323,300
State Appropriation	   –    
9.	Dairy Milking Parlor - Umstead Research Station
Requirements	213,000
Timber Receipts	213,000
State Appropriation	   –    
10.	Shop/Storage - Horticultural Crops Research
Station
Requirements	168,900
Timber Receipts	168,900
State Appropriation	   –    

DEPARTMENT OF COMMERCE (Total)	2,841,100
1.	Construction of a new I-95 Welcome Center -
Northampton County
Requirements	1,364,400
Receipts - Federal	1,023,300
State Appropriation	341,100
2.	National Institute of Statistical Sciences -
Restore Funds Reverted to the General
Fund in 1991 to Match Construction Funds	2,500,000
DEPARTMENT OF COMMERCE - MCNC (Total)	4,500,000
1.	Reserve for Capital Needs and Communications	4,500,000

DEPARTMENT OF CORRECTION (Total)	1,381,500
1.	Add Dayrooms - Odom Correctional Center	381,500
2.	Water/Wastewater Improvements - Statewide	1,000,000

DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY (Total)	799,700
1.	National Guard Armory Replacement - Kinston
Requirements	3,897,700
Receipts - Federal	2,848,300
Receipts - Local	524,700
State Appropriation	524,700
2.	National Guard - Aerial Reserve Equipment
for Emergency Support Missions	275,000

DEPARTMENT OF CULTURAL RESOURCES (Total)	12,035,500
1.	Fort Fisher State Historic Site - Erosion
Control Measures
Requirements	9,700,000
Receipts - Federal	4,850,000
State Appropriation	4,850,000
2.	Museum of History - Core Exhibition
Design and Construction	5,424,100
3.	Museum of the Albemarle - Complete Design	1,000,000
4.	Elizabeth II - Master Plan Implementation -
Design	250,000
5.	Somerset Place State Historic Site -
Development - Washington County	100,000
6.	Thomas Wolfe Visitor Center - Supplement	411,400

DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL
RESOURCES (Total)	14,706,700
1.	Geological Survey Repository -
Core Sample Storage Addition	434,600
2.	State Parks - Reserve for Construction Projects
for Health, Safety, Access Improvements, and
Land Acquisition	2,100,000
3.	Small Watershed Grants	1,180,000
4.	Forestry - District and County Headquarters
Buildings/Equipment Sheds	738,100
5.	Water Resources (Civil Works) - Reserve for
Planning, Construction Projects, Operations
and Maintenance Projects, and Feasibility
Studies	7,908,000
6.	Oyster Rehabilitation Program -
Facility Development	1,500,000
7.	Partnership for the Sounds - Matching Funds	846,000

DEPARTMENT OF HUMAN RESOURCES (Total)	2,957,300
1.	Reserve - Life Safety/Certification
Improvements - Statewide	1,000,000
2.	Dorothea Dix Hospital - Male Wing Completion	1,457,300
3.	John Umstead Hospital - Sewer Plant Upgrade -
Design	250,000
4.	Eastern School for the Deaf - Student
Activity/Recreation Complex - Design	250,000

DEPARTMENT OF JUSTICE
1.	Justice Academy-B-Dorm Repairs and Equipment
Requirements	321,800
Receipts	321,800
State Appropriation	   –    

OFFICE OF STATE CONTROLLER (Total)	4,400,000
1.	State Telecommunications System - Communications
Network - Development	4,400,000

OFFICE OF STATE BUDGET AND MANAGEMENT (Total)	24,500,000
1.	Reserve for Repairs and Renovations and Americans
with Disabilities Act Improvements - Statewide	24,500,000

UNIVERSITY - BOARD OF GOVERNORS (Total)	44,000,000
1.	Reserve for funding UNC-Board of Governors
Schedule of Priorities for Capital Improvements	44,000,000
2.	University of North Carolina Hospitals at
Chapel Hill - North Carolina Children's Hospital,
North Carolina Women's Hospital, and Support
Space - Advance Planning and Design
Requirements	5,758,066
Receipts	5,758,066
State Appropriation	   –    

TOTAL CAPITAL IMPROVEMENTS/GENERAL FUND	$ 146,880,900

CAPITAL IMPROVEMENTS/HIGHWAY FUND
Sec. 5.  Appropriations are made from the Highway Fund for the 1993-94 fiscal year for use of the Department of Transportation to provide for capital improvement projects according to the following schedule:

	1993-94  

DIVISION OF HIGHWAYS
1.	Upgrade DOT Facilities to Meet ADA Standards -
Statewide	$  1,678,600
2.	Highway Building Elevator Replacement -
Raleigh	350,500
3.	Roof Replacements - Statewide	391,000
4.	Division Traffic Services Office, Shop
and Warehouse - Union	818,000
5.	Design Roadside Environmental Office/
Warehouse/Shed - Sylva	31,000
6.	Construct Equipment Shop - Sandy Ridge	717,000

TOTAL DIVISION OF HIGHWAYS	$  3,986,100

DIVISION OF MOTOR VEHICLES
1.	Roof Replacements - Statewide	76,100
2.	Resurface Six Parking Lots - Statewide	120,900
3.	Renovation to Office Building - Wilkesboro	    197,000
4.	Renovation to Office Building - Marion	197,000

TOTAL DIVISION OF MOTOR VEHICLES	$    591,000

TOTAL CAPITAL IMPROVEMENTS/HIGHWAY FUND	$  4,577,100

NONRECURRING APPROPRIATIONS/GENERAL FUND
Sec. 6.  Appropriations are made from the General Fund for the 1993-94 fiscal year for use by the State departments, institutions, and agencies to provide for nonrecurring expenditures according to the following schedule:

	1993-94
1.	DEPARTMENT OF COMMERCE
a.	Rural Economic Development Act -
Implementation	$  2,750,000
b.	Investment in Manufacturing Technology -
Match Federal Funds	1,000,000
c.	Reserve for Industrial Equipment,
Industrial Training, and Economic Development	15,750,000

2.	DEPARTMENT OF CULTURAL RESOURCES
a.	Andrew Jackson Memorial - Grant	100,000
b.	The Lost Colony - Matching Funds	500,000
c.	Historical Preservation Commission - Grant	100,000

3.	DEPARTMENT OF PUBLIC INSTRUCTION
Tech Prep Program	2,900,000

4.	DEPARTMENT OF ENVIRONMENT, HEALTH, AND
NATURAL RESOURCES
Piedmont Triad Regional Water Authority -
Grant to Purchase Land for Randleman Dam	3,000,000

5.	OFFICE OF THE GOVERNOR
Reserve for Education Technology and
Education Technology to Attract Industry	20,000,000

6.	NORTH CAROLINA HOUSING FINANCE AGENCY
Housing Trust Fund	1,000,000

7.	OFFICE OF STATE BUDGET AND MANAGEMENT
a.	Reserve - A.A. Cunningham Air Museum	2,500,000
b.	Science and Math Alliance - Development	  800,000

TOTAL NONRECURRING/GENERAL FUND	$  50,400,000

WATER RESOURCES DEVELOPMENT FUNDS
Sec. 7.  A reserve for Water Resources (Civil Works) is established within the Department of Environment, Health, and Natural Resources.  The funds 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. 8.  Where allocations made in Sections 4 and 6 of this act are contingent upon federal matching funds being available, and federal matching funds do not become available by July 1, 1994, these allocations may be transferred to the Office of State Budget and Management and placed in the Reserve for Repairs and Renovations.

ENCUMBERED APPROPRIATIONS AND PROJECT RESERVE FUND
Sec. 9.  When each capital improvement project appropriated  by the 1993 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 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. 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.  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 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, excess patient receipts above those budgeted at University of North Carolina Hospitals at Chapel Hill, or self-liquidating indebtedness.

ADVANCE PLANNING OF CAPITAL IMPROVEMENT PROJECTS
Sec. 12.  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 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 1993 General Assembly may be expended only for specific projects set out by the 1993 General Assembly and for no other purpose.  Construction of all capital improvement projects enumerated by the 1993 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 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.

HIGHWAY 264 REST AREA
Sec. 14.  Funds appropriated in Chapter 900, Section 106, 1991 Session Laws (Regular Session 1992) for the construction of a rest area at U.S. Highway 264 in Beaufort County may also be used for the purchase of land to be used as a site for the rest area.

MUSEUM OF THE ALBEMARLE
Sec. 15.  Funds appropriated for the Museum of the Albemarle in Section 4 of this act shall be used for design and construction of new facilities for the Museum of the Albemarle.  The facility shall be sited in downtown Elizabeth City and funds appropriated under Section 4 of this act for this project may be used for the purchase of land if necessary.

STATE PARKS
Sec. 16.  Of the funds appropriated in Section 4 of this act to the Department of Environment, Health, and Natural Resources for land purchase in the State Parks System, the sum of up to one hundred thousand dollars ($100,000) may be spent by the Division of Parks and Recreation for operating expenses associated with the acquisition of land.

TRAINING FACILITY-COMMUNITY COLLEGE SYSTEM
Sec. 17.  Notwithstanding any other provision of law, of the funds appropriated in Section 4 of this act to the Office of State Budget and Management in a Reserve for Repairs, Renovations and Americans with Disabilities Act Improvements, the Director of the Budget may authorize the use of up to ten million dollars ($10,000,000) to design, develop, construct, and equip a workforce training facility at a site to be determined by the Director of the Budget.  Prior to making expenditures for this purpose, the Governor shall report to the President Pro Tempore of the Senate and the Speaker of the House of Representatives on the proposed expenditures.  To the extent that these funds are not made available or used for this purpose, they shall revert to the Reserve from which they were allocated.

DEPARTMENT OF AGRICULTURE LIVESTOCK FACILITY-DESIGN/BUILD
Sec. 18.  Notwithstanding any other provision of law, the Department of Agriculture may use the design/build construction process to construct the six million five hundred thousand dollar ($6,500,000) Livestock Facility as authorized in Section 4 of this act.

EFFECTIVE DATE
Sec. 19.  This act becomes effective July 1, 1993.