NORTH CAROLINA GENERAL ASSEMBLY
1975 SESSION
CHAPTER 874
SENATE BILL 44
AN ACT TO MAKE APPROPRIATIONS TO PROVIDE CAPITAL IMPROVEMENTS FOR STATE INSTITUTIONS, DEPARTMENTS, AND AGENCIES.
The General Assembly of North Carolina enacts:
Section 1. This act shall be known as "The Capital Improvement Appropriations Act of 1975."
Sec. 2. The appropriations made by this act as hereinafter mentioned are for the purpose of constructing buildings and utilities; acquiring sites therefor where necessary; and acquiring lands at the institutions, departments, and agencies of the State.
Sec. 3. The appropriations made by this act to provide for capital improvements under Sections 4, 5, and 6 of this act shall be disbursed for the purposes provided by this act upon warrants drawn by the State disbursing officer, which warrants shall not be drawn for any State institution, department, or agency until an allotment has been approved by the director of the budget, and which allotment shall be approved only after full compliance with the Executive Budget Act, Article I, Chapter 143, of the General Statutes.
Prior to the execution of design contracts for projects to be financed in whole or in part with self-liquidating appropriations, the Advisory Budget Commission shall approve the method of financing such projects. Where direct appropriations are provided in this act for the purpose of furnishing movable equipment for any project, such funds for equipment shall not be subject to transfer into construction accounts except as authorized by the director of the budget. It is the intent of this act that projects listed herein shall be completed, including fixed and movable equipment and furnishings, within the limits of the amounts of the direct or self-liquidating appropriations provided herein, except as hereinafter provided.
Sec. 4. There is hereby appropriated out of the General Fund the sum of twenty‑eight million two hundred forty-five thousand nine hundred thirty- seven dollars ($28,245,937) effective July 1, 1975, and fifty-one million three hundred eighty-six thousand five hundred thirteen dollars ($51,386,513) effective July 1, 1976, for use by the State institutions, departments, and agencies to provide for capital improvement projects according to the following schedule:
DEPARTMENT 1975-76 1976-77
DEPARTMENT OF ADMINISTRATION $2,670,000 $5,975,000
1. State surplus property
warehouse-building 438,000
Receipts: Surcharge 438,000
Appropriations -0-
2. Parking deck & motor pool
dispatching
facility $2,704,000
Less: Self-
Liquidating 2,000,000
Less: 1973 and
1974
Appropriations 704.000
General Fund Appropriation 0
3. Renovation of
computer center 175,000
4. Reserve for capital
improvement cost
increases 500,000 1,500,000
5. Continue development
of mall in State
government center 65,000 1,735,000
6. Renovations and repairs
of buildings-
government center 100,000 100,000
7. Land acquisition-
government center 250,000 750,000
8. Land acquisition-
State parks 500,000 500,000
9. Renovation of Agriculture
Building 300,000 1,300,000
10. Renovation of Museum
of Natural History 90,000
11. Bicentennial plaza between
the Legislative Building
and Capitol 400,000
12. Renovation of Cultural
Resources Records Center 205,000
13. Completion of stacks-
Archives Library Building
Annex 175,000
DEPARTMENT OF AGRICULTURE 40,000
1. Calibration station-
Wilmington
Building 79,000
Movable
Equipment 1,000
80,000
Less: Receipts 72,000
General Fund
Appropriation 8,000
2. Machinery storage &
shop building-
Lewiston 32,000
BOARD OF GOVERNORS-UNIVERSITY
OF NORTH CAROLINA 11,360,500 29,222,500
1. Construction or
renovation of
educational, administrative,
maintenance, and
utilities facilities;
architectural barrier
removal; OSHA compliance;
and land acquisition 5,110,500 4,527,500
2. East Carolina
University
Medical Complex 21,000,000 $22,145,000
Less: Previous
1973 and 1974
appropriations 15,000,000
General Fund
Appropriation 6,000,000 22,145,000
3. North Carolina
Central University
Law School Building 250,000 2,250,000
4. Vocational Rehabilitation
Center at Chapel Hill 300,000
COMMUNITY COLLEGES 1,500,000
1. Construction of
Facilities 1,500,000 4,500,000
Less: Receipts 1,500,000 3,000,000
General Fund
Appropriation 1,500,000
DEPARTMENT OF
CORRECTION 6,070,000
1. Supplement to
1974 appropriation
for replacement
of confinement
facilities 6,000,000
2. Sewage plant
renovation-
Samarkand 30,000
3. Restroom installations-Dobbs 40,000
DEPARTMENT OF CULTURAL
RESOURCES 150,000 237,500
1. Historic Halifax restoration 60,000 100,000
2. Reed Gold Mine Restoration 50,000 62,500
3. Tryon Palace fire and
burglar alarm system 40,000
4. Duke Homestead
Restoration 75,000
DEPARTMENT OF HUMAN
RESOURCES 5,351,112 10,243,888
1. Reserve for Corrections
of Life-Safety Code
deficiencies 3,000,000 2,000,000
2. Eastern N. C. Hospital
a. X-Ray Equipment 50,000
3. N. C. School for the Deaf
a. Roof Repairs 30,000
4. Eastern N. C. School for
the Deaf
a. Air Conditioning 475,000
b. New Water Line 115,000
5. Central School for the Deaf
a. Roads and Parking 45,000
b. Storage Building 120,000
c. Sidewalks, Lighting,
Landscaping, Playground 100,000 100,000
6. The Governor Morehead School
a. Completion of Primary
School 21,112 358,888
7. Broughton Hospital
a. Re-roofing two
buildings 110,000
8. Cherry Hospital
a. Utility bridge 135,000
9. Dorothea Dix Hospital
a. Renovation of male wing 100,000 2,400,000
10. Western Carolina Center
a. Re-roof seven buildings 300,000
11. O'Berry Center
a. Re-roof four buildings 450,000
b. Air condition school
building 225,000
c. Renovation of, and
additions to, B-l and B-2
buildings 85,000 2,415,000
12. Caswell Center
a. Re-roofing three
buildings 110,000
b. Air condition school
building 160,000
c. Renovate Parrott and
Johnson Bldgs. 725,000
d. Renovate bathrooms-
McNairBldg. 125,000
e. Non-ambulatory dormitory 65,000 1,685,000
13. Murdoch Center
a. Additional oil storage 90,000
DEPARTMENT OF MILITARY AND
VETERANS AFFAIRS 60,125 195,625
1. Reserve for
Construction
of or
additions to
armories at
Clinton,
Salisbury,
And Lumberton 110,000 1,427,000
Less
Receipts –
Federal 82,500 1,070,250
Less
Receipts -
Local 178.375
General
Fund
Appropriation 27,500 178,375
2. Supplement
to 1973
appropriations
for new
armories at
Canton/
Waynesville,
High Point,
and Monroe 261,000 138,000
Less
Receipts –
Federal 195,750 103,500
Less
Receipts –
Local 32,625 17,250
General
Fund
Appropriation 32,625 17,250
DEPARTMENT OF NATURAL
AND ECONOMIC
RESOURCES 2,459,200 2,037,000
1. Division of
Parks and Recreation
a. Reserve for
development
of recreational
facilities at
federal reservoirs,
State parks, & one
million dollars
($1,000,000) for the
N.C. Zoo 1,500,000 1,250,000
2. Division of
Environmental
Management
a. Reserve for
civil
works
projects 600,000 200,000
b. Reserve for development
of Wanchese
Harbor 500,000
c. Laboratory-
Environmental
Management 262,100
3. Division of
Economic
Development
a. Science and Technology
Building sewer
hook-up 10,100
4. Division of Forest
Resources
a. Six forestry head-
quarters buildings 87,000 87,000
DEPARTMENT OF TRANSPORTATION
AND HIGHWAY SAFETY 85,000 1,975,000
1. State Ports Authority
a. Hardstand South Dock-
Wilmington 1,720,000
b. Completion of sanitary
sewer collection system-
Wilmington 85,000 255,000
Grand Total General Fund
Appropriation $28,245,937 $51,386,513
Sec. 5. There is hereby appropriated out of the Highway Fund effective July 1, 1975, the sum of one million eight hundred four thousand five hundred dollars ($1,804,500) for the use of the Department of Transportation to provide for capital improvement projects according to the following schedule:
1975-76 1976-77
DIVISION OF HIGHWAYS $901,500
1. Reserve for capital
improvement projects 901,500
DIVISION OF MOTOR VEHICLES 903,000
1. Communications Center &
Troop F Headquarters-
Hickory 561,000
Building $554,000
Movable
Equipment 7,000
2. Highway Patrol
Station 120,000
Granville County
Building 115,000
Movable
Equipment 5,000
3. Highway Patrol
Communications
Center in
Elizabethtown 222,000 _________
Grand Total Highway Fund
Appropriation $1,804,500
Sec. 6. When each project appropriated in Section 4 of this act, other than those projects under the Department of Community Colleges and the University of North Carolina Board of Governors, is placed under construction contract, direct appropriations therefor shall be encumbered to include all costs for construction, design, investigation, administration, movable equipment and a reasonable contingency. Surplus direct appropriations remaining in the project budget after encumbering costs described above shall be placed in a project reserve fund credited to the Department of Administration. Use of this project reserve fund shall be at the discretion of the director of the budget solely to allow for award of contracts where bids exceed appropriated funds, on condition that such projects supplemented shall have been designed within the physical scope intended by the applicable appropriation or any authorized change therein, and all means to award contracts within the appropriation shall have been reasonably attempted in the opinion of the director of the budget. The project reserve fund shall not be used in connection with any projects under the University of North Carolina Board of Governors or the Department of Community Colleges. At the discretion of the Advisory Budget Commission, any balances in the project reserve fund shall revert to the original source.
Sec. 7. Upon the request of a department, agency, or institution for which a capital improvement appropriation is herein made, the Governor, with a majority vote of the membership of the Advisory Budget Commission, is authorized and empowered to postpone any capital improvement project as provided in this act upon finding that the project cannot be carried out as originally intended by the General Assembly.
Sec. 8. The Advisory Budget Commission may, when in its opinion it is in the best interest of the State to do so, and upon the request of a department, institution, or agency, authorize an increase .or a decrease in size, scope, direct or self-liquidating appropriation, of any project or projects enumerated in this act within the funds available to that department, agency, or institution.
Sec. 9. The Advisory Budget Commission may, when in its opinion it is in the best interest of the State to do so, and upon the request of a department, agency, or institution, authorize the construction of a capital improvement project not specifically provided for or authorized by the General Assembly when funds become available by gifts, grants, federal receipts, patient receipts or receipts becoming a part of special funds by act of the General Assembly. No funds appropriated under this act for a specific capital improvement shall be used or expended for any capital improvement not specifically provided for or authorized by the General Assembly, nor shall any such funds be transferred from one department of government to another except through the project reserve.
Sec. 10. The director of the budget is authorized and empowered to advance from the land-purchase appropriations made in this act, funds necessary for purchase of recreational land for which there is either no specific appropriation or only a partial appropriation, when reimbursement of such advances will be later effected by assured gifts or grants.
Sec. 11. There is appropriated in Section 4 of this act a lump sum to the University of North Carolina Board of Governors. Expenditure of funds in this appropriation shall be in accordance with the provisions of Chapter 1244, 1971 Session Laws, and the provisions of this act, except where specifically excluded.
Other lump sums appropriated in Sections 4 or 5 of this act shall be used for specific projects of capital improvements in accordance with the priority needs of the respective agencies and as approved by the Governor and the Advisory Budget Commission.
Sec. 12. There is appropriated under Section 4 of this act to the Department of Administration the sum of five hundred thousand dollars ($500,000) in 1975-76 and one million five hundred thousand dollars ($1,500,000) as reserves for capital improvements cost increases to supplement appropriated construction projects authorized by the General Assembly. This reserve may be used at the discretion of the director of the budget solely to allow for award of contracts where bids exceed appropriated funds, on the condition that such supplemented projects shall have been designed within the physical scope intended by the applicable appropriation or any authorized changes therein and all other means to award contracts shall have been reasonably attempted in the opinion of the director of the budget.
Sec. 13. It is the intention of this act that it shall be the announced policy of the Department of Community Colleges that no construction contracts for capital improvements be let until it has been clearly established that funds are available for related movable equipment.
Sec. 14. Subject to any transfers and changes between appropriations as permitted in previous sections of this act, the appropriations for capital improvements made herein shall be expended only for specific projects set out. Construction of all capital improvement projects enumerated in this act shall be commenced or self-liquidating indebtedness with respect thereto shall be incurred within eighteen months following the first day of the fiscal year in which the funds are available. If construction on such project or projects has not been commenced or self-liquidating indebtedness has not been incurred within that period, the direct appropriation for such project or projects shall revert to the original source, and the self-liquidating appropriation shall lapse; except that direct appropriations may be placed in the project reserve fund; provided, however, that this deadline with respect to both direct and self-liquidating appropriations may be extended with the approval of the Governor and the Advisory Budget Commission when, in their discretion, existing circumstances and conditions warrant such extension.
Sec. 15. The several departments, institutions, and agencies of the State are authorized and empowered to make application to any agency of the United States of America for grants-in-aid for the construction of the several projects in this act, within the scope and intent of the projects enumerated in this act. The Advisory Budget Commission and the Department of Administration, in its pertinent divisions, shall be furnished with copies of all requests for federal funds and this information shall be kept current. Receipt of monies from said grant or trusts and gifts shall be deposited with the State Treasurer and expended in accordance with the terms of said grants which are not contrary to the laws of this State.
Sec. 16. Notwithstanding the provisions of G.S. 146-30 or any other pertinent statute, the net proceeds of any sale, lease, rental, transfer, or other disposition of the telephone, electric, water and sewer systems, facilities, properties, assets, plants, works, and instrumentalities (identified as enterprises or projects by Article 1 of General Statutes Chapter 116) in the jurisdiction of and operated by institutions of The University of North Carolina shall not, prior to July 1, 1976, be approved for use by the director of the budget or the Advisory Budget Commission.
Sec. 17. The Department of Human Resources is faced with the threat of losing revenues in the institutional programs because of physical facilities not meeting standards established by the Occupational Safety and Health Act, Medicaid, Medicare, and Life Safety Codes.
It is the intent of the General Assembly that the three million dollars ($3,000,000) appropriated for 1975-76 and the two million dollars ($2,000,000) appropriated for 1976-77 to the Department of Human Resources for this purpose be used by the Secretary to correct those deficiencies most necessary to provide for the maximum safety and care of patients and to assure the standards required for the continued receipt of third party insurance payments for those patients.
The use of funds for the correction of these deficiencies may be restricted by the director of the budget and the Advisory Budget Commission, when in their opinion the expenditure would not aid in the receipt of third party insurance payments.
Sec. 18. Subject to legislative action to transfer the Division of Youth Development and the training schools of the Department of Correction to the Department of Human Resources, it is the intent of the General Assembly that all funds appropriated in this and previous acts for capital improvement projects in the Division of Youth Development and at the schools shall be transferred to the Department of Human Resources.
Sec. 19. The appropriation of six million dollars ($6,000,000) for the biennium to the Department of Correction in Section 4 of this act and the fifteen million dollars ($15,000,000) reserve appropriated to the Department of Correction in Chapter 1202 of the 1973 Session Laws are to be used to design and build prisons by contract or forced account and to alleviate present overcrowding of prison facilities through either operations or capital projects as may be approved by the Governor and the Advisory Budget Commission.
Sec. 20. It is the intent of this General Assembly that, of the appropriations enumerated above in this act, the item below is to be financed from the General Revenue Sharing Trust Fund of the State, and that all the provisions of this act which are applicable to the remaining items in this act are also applicable to those funded from the General Revenue Sharing Trust Fund of the State, to the end of providing maximum flexibility for the expenditure of the appropriation made herein consistent with federal regulations governing expenditure of general shared federal revenue.
1975-76
Department of Correction
Supplement to 1974 appropriation for
replacement of confinement facilities $4,713,789
Sec. 21. This act shall become effective July 1, 1975.
In the General Assembly read three times and ratified, this the 26th day of June, 1975.