Title: S.L. 1979-731
Category: Introduced Bills

General Assembly of North Carolina	Sec.

NORTH CAROLINA GENERAL ASSEMBLY
1979 SESSION

CHAPTER 731
SENATE BILL 125

AN ACT TO MAKE APPROPRIATIONS TO PROVIDE CAPITAL IMPROVEMENTS FOR STATE DEPARTMENTS, INSTITUTIONS, AND AGENCIES.

The General Assembly of North Carolina enacts:

—TITLE/PURPOSES
Section 1.  This act shall be known as "The Capital Improvement Appropriations Act of 1979".
Sec. 2.  The appropriations made by this act are for constructing or renovating State buildings, utilities, and other capital facilities; acquiring sites therefor where necessary; and acquiring buildings and land for State government purposes.
—PROCEDURES FOR DISBURSEMENTS
Sec. 3.  The appropriations made by Sections 4 and 5 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 department, institution, or agency until an allotment has been approved by the Governor as 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 award of construction contracts for projects to be financed in whole or in part with self-liquidating appropriations, the Director of the Budget and the Advisory Budget Commission shall approve the elements of the method of financing of such projects including the source of funds, interest rate, and liquidation period.
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.
Projects listed in this act 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.
—GENERAL FUND APPROPRIATIONS/SCHEDULE OF CAPITAL IMPROVEMENTS
Sec. 4.  There is appropriated out of the General Fund the sum of eighty-three million twenty-four thousand five hundred sixty-nine dollars ($83,024,569) effective July 1, 1979, and ninety-nine million four hundred seventeen thousand two hundred sixteen dollars ($99,417,216) effective July 1, 1980, for use by the State departments, institutions, and agencies to provide for capital improvement projects according to the following schedule: Capital Improvements–General Fund	1979-80	1980-81
DEPARTMENT OF ADMINISTRATION
(TOTAL)	$2,353,000	$ 555,000
01.	Renovations and Repairs-
Government Center	500,000
02.	High-Rise Safety Codes Compliance-
Albemarle Building	5,000
03.	Energy Retrofit-Government Center	1,000,000
04.	Supplement to Helicopter Hanger
and Fuel Storage Facility	90,000
05.	Architectural Barrier Removal-
Government Center	50,000
06.	Supplement to Old Health
Building Renovation		375,000
07.	Reserve for Repairs & Completion 
of Previously Authorized Capital 
Projects	600,000
08.	Repairs at Marine Resource
Centers	Total 	150,000
	Less Receipts	42,000
	General Fund	108,000	180,000
DEPARTMENT OF AGRICULTURE
(TOTAL)	837,016	2,683,800
01.	Storage and Distribution
Facility-Butner	88,000	2,276,000
02.	Expansion of Poultry Unit-
Piedmont Station	276,000
03.	Additions to Western Farmers
Market	310,000	387,500
04.	Pesticide Storage Facility	11,000	20,300
05.	Underground Main for Irrigation
System-Horticulture Crops Station	15,456
06.	Completion of Western Animal
Disease Diagnostic Lab	43,000
07.	Two Bulk Barns-Upper Coastal
Plain Station	20,000
08.	Sanitary Unloading Dock-
Rollins Lab	15,000
09.	Bull Testing Facility-Mountain
Research Station	58,560
THE UNIVERSITY OF NORTH CAROLINA-
BOARD OF GOVERNORS
(TOTAL)	59,195,800	53,536,000
Funds for Schedule of Priorities-Capital Improvements:
01.	Utilities, Roads, Walks and
Drives Projects
02.	Occupational Safety and Health
Act and Barrier Removal Projects
03.	Renovation and Major Maintenance
Projects
04.	Land Acquisition
05.	Educational Television Production
Center-Advance Planning
06.	Programming-Planning for Future
Campus Physical Plant Development
07.	School of Veterinary Medicine
08.	Construction of New Facilities
09.	East Carolina University-Bed
Tower at Pitt County Memorial
Hospital (Supplement)
Subtotal - Schedule of Priorities	38,744,800	28,156,000
10.	Reserve for Traditionally Black
Institutions	20,000,000	20,000,000
11.	Agricultural Experiment Station-
N.C. State University:
a.	Greenhouse-Headhouse
Complex	251,000	4,000,000
b.	Williams Hall Addition-
Planning	200,000
12.	North Carolina Memorial Hospital:
a.	Renovations	1,380,000
DEPARTMENT OF COMMERCE
(TOTAL)	4,235,000	4,880,000
01.	New Helicopter	1,450,000
02.	State Ports-Berth C
Development-Wilmington	2,700,000	3,900,000
03.	State Ports-North Expansion
Area, Design-Wilmington		900,000
04.	Construct Three Welcome Centers	225,000	350,000
Less Receipts-Fed. Highway Adm. 	140,000	270,000
General Fund	85,000	80,000
DEPARTMENT OF CORRECTION
(TOTAL)	4,500,000	21,300,000
01.	Repairs, Renovations and
Reconstruction	1,000,000	1,000,000
02.	Reserve for New Prison
Construction	3,500,000	20,300,000
DEPARTMENT OF CRIME CONTROL
AND PUBLIC SAFETY
(TOTAL)	236,915	295,246
01.	Replace Roanoke Rapids Armory	410,750
Less Receipts-Local Funds	56,500
Less Receipts-Federal Funds	297,000
General Fund	57,250
02.	Replace Concord Armory	691,220
Less Receipts-Local Funds	88,600
Less Receipts-Federal Funds	504,300
General Fund	98,320
03.	Replace Parkton Armory	485,220
Less Receipts-Local Funds	60,500
Less Receipts-Federal Funds	357,375
General Fund	67,345
04.	Completely Renovate Warrenton Armory	15,500	420,250
Less Receipts-Local Funds		55,250
Less Receipts-Federal Funds	11,625	309,000
General Fund	3,875	56,000
05.	New Armory-Jefferson	12,000	527,220
Less Receipts-Local Funds		77,525
Less Receipts-Federal Funds	9,000	370,950
General Fund	3,000	78,745
06.	New Armory-Murphy	11,500	464,250
Less Receipts-Local Funds		69,187
Less Receipts-Federal Funds	8,625	325,125
General Fund	2,875	69,938
07.	New Armory-Marion	11,500	446,250
Less Receipts-Local Funds		65,062
Less Receipts-Federal Funds	8,625	315,375
General Fund	2,875	65,813
08.	Armory Addition at Hickory	5,500	97,500
Less Receipts-Federal Funds	4,125	72,750
General Fund	1,375	24,750
DEPARTMENT OF CULTURAL RESOURCES
(TOTAL)	1,220,000	930,250
01.	Art Museum-Completion of Interior	500,000
02.	Reserve for Spencer Shops-
Development	625,000	625,000
03.	Bennett Place-Visitor Center		223,750
04.	Stagville Preservation Center-
Development	95,000	81,500
DEPARTMENT HUMAN RESOURCES
(TOTAL)	4,531,500	3,045,000
01.	Life Safety Code and Section 504
Compliance Projects	2,000,000	2,000,000
02.	New Gymnasium-Juvenile
Evaluation Center	25,000	445,000
03.	Alcoholic Rehabilitation Center-
Greenville-Energy Conservation
Projects	33,000
04.	Renovations and Repairs
Projects-Mental Health Facilities	250,000	250,000
05.	Renovations and Repairs 
Projects-Youth Services
Facilities	100,000	100,000
06.	Renovations and Repairs-Blind
and Deaf Schools	75,000
07.	Audiometric Suite-Central
School for Deaf	11,000
08.	Reroofing-Eastern School for
Deaf	501,500
09.	Wood Chip Boiler-Dorothea Dix
Hospital	826,000
10.	Western Carolina Center
Renovations	710,000
11.	Chapels at Mental Retardation
Centers-Matching		250,000
DEPARTMENT OF NATURAL RESOURCES AND
COMMUNITY DEVELOPMENT
(TOTAL)	3,010,500	8,567,100
01.	Replacement of Claridge
Nursery Facilities	337,000
02.	Reserve for State Parks-Development	1,000,000	1,000,000
Less Receipts-Federal-BOR	500,000	500,000
Subtotal, General Fund	500,000	500,000
03.	Reserve for State Parks-Acquisition	500,000
Less Receipts-Federal-BOR		250,000
Subtotal, General Fund		250,000
04.	Reserve for Civil Works & Small
Watershed Projects	700,000	700,000
05.	Zoo Development-Completion of
African Phase	201,500	7,117,100
06.	Underground Irrigation System-
Claridge Nursery	108,000
07.	Cone Drying Shed and Seed Extractary
Equipment-Claridge Nursery	109,000
08.	Chatham County Forestry Headquarters	55,000
09.	Wanchese Harbor-Continued
Development	1,000,000
DEPARTMENT OF JUSTICE 
(TOTAL)	123,000
01.	Renovations Garner Road Facility	123,000
DEPARTMENT OF PUBLIC EDUCATION
(TOTAL)	2,781,838	3,624,820
01.	Community Colleges-Capital
Construction Grants	2,841,838	3,849,820
Less Receipts-Federal	225,000	225,000
Subtotal, General Fund	2,616,838	3,624,820
02.	Public Schools-Thermal Energy
Storage Construction	165,000
GRAND TOTAL GENERAL FUND
APPROPRIATION	$83,024,569	$99,417,216
—HIGHWAY FUND APPROPRIATIONS/SCHEDULE OF CAPITAL IMPROVEMENTS
Sec. 5.  There is hereby appropriated out of the Highway Fund the sum of two million two hundred seven thousand two hundred eighty-two dollars ($2,207,282) effective July 1, 1979, and two million seven hundred sixty-seven thousand one hundred forty-two dollars ($2,767,142) effective July 1, 1980, for the use of the Department of Transportation to provide for capital improvement projects according to the following schedule:
Capital Improvements–Highway Fund	1979-80	1980-81
DEPARTMENT OF TRANSPORTATION
(TOTAL)	$ 2,207,282	$ 2,767,142
01.	Equipment Shop at Charlotte	225,000	2,000,000
Less Receipts-Sale of Land		500,000
Subtotal, Highway Fund		1,500,000
02.	Burner Replacement-Department
of Motor Vehicle Building	30,000
03.	Roof Replacement at Six
Locations	244,000
04.	Renovation and Construction
Projects at Maintenance and
Equipment Facilities-Division of
Highways	708,282	267,142
05.	Reserve for Ferry Maintenance
Facility-Mann's Harbor	1,000,000	1,000,000
GRAND TOTAL HIGHWAY FUND
APPROPRIATION	$ 2,207,282	$ 2,767,142
—UNIVERSITY SELF-LIQUIDATING PROJECTS
Sec. 6.  The purpose of this section is to authorize construction, by certain constituent institutions of The University of North Carolina, of the capital improvements projects listed herein for each such institution, and to authorize the financing of the said capital improvements projects with funds available to said institutions from gifts, grants, receipts, self-liquidating indebtedness, or other funds, or any combination of such funds, but not including funds appropriated from the General Fund of the State.
G.S. 116-187 is amended by replacing the period at the end of that section with a comma, and adding after it the following phrase, "and for North Carolina Memorial Hospital."
G.S. 116-189(4) is rewritten to read as follows:
"(4)	The word 'institution' shall mean each of the institutions enumerated in G.S. 116-2 and North Carolina Memorial Hospital."
G.S. 116-189(5) is amended by deleting the word "and" which immediately precedes "(iv)" and by adding immediately following "(iv) revenue-producing parking decks and structures" the following phrase:
", and (v) education, research, patient care and community services at North Carolina Memorial Hospital,".
Prior to the execution of design contracts for the projects authorized herein, the Director of the Budget and the Advisory Budget Commission shall approve the method of funding such projects.
The Director of the Budget and the Advisory Budget Commission may, when in their opinion it is in the best interest of the State to do so, and upon the request of The University of North Carolina, Board of Governors, authorize an increase or decrease in the scope or a change in the method of funding of any project authorized by this section.
The projects hereby authorized to be constructed and financed as provided in this section are as follows:
	1979-80
APPALACHIAN STATE UNIVERSITY
01.	Parking Deck	$ 2,570,000
Less Self-Liquidating	2,570,000	$	-0-
NORTH CAROLINA STATE UNIVERSITY
01.	Improvements and Additions to
Athletic Facilities	4,900,000
Less Self-Liquidating	4,900,000	-0-
02.	McKimmon Center Addition	1,300,000
Less Self-Liquidating	1,300,000	-0-
03.	Dining Facility	2,110,000
Less Self-Liquidating	2,110,000	-0-
04.	Renovations of Erdahl-Cloyd Wing	830,000
Less Self-Liquidating	830,000	-0-
UNC-CHAPEL HILL
01 .	Student Athletic Center	21,077,000
Less Self- Liquidating	21,077,000	-0-
UNC-CHARLOTTE
01.	Cafeteria-Activities Building	1,490,000
Less Self-Liquidating	1,490,000	-0-
02.	500 Dormitory Spaces	4,500,000
Less Self-Liquidating	4,500,000	-0-
UNC-GREENSBORO
01.	Parking Facilities	780,000
Less Self-Liquidating	780,000	-0-
UNC-WILMINGTON
01.	Dormitory Spaces and Student
Cafeteria	4,441,000
Less Self-Liquidating	4,441,000	-0-
WESTERN CAROLINA UNIVERSITY
01.	Addition to Student Supply Store	888,000
Less Self-Liquidating	888,000	-0-
02.	Renovation of Robertson Hall	800,000
Less Self-Liquidating	800,000	-0-
NORTH CAROLINA MEMORIAL HOSPITAL
01.	Critical Patient Care/Support
Facility	14,200,000
Less Self-Liquidating	14,200,000	-0-
02.	Primary Care Center	2,500,000
Less Self-Liquidating	2,500,000	-0-
GRAND TOTAL SELF-LIQUIDATING
AUTHORIZATIONS	$62,386,000
—NORTH CAROLINA STATE UNIVERSITY/SCOPE INCREASE
Sec. 7.  Section 4 of the 1973 Session Laws Chapter 523, as amended by 1975 Session Laws, Chapter 918, and as amended by 1977 Session Laws, Chapter 195, is further amended by increasing the authorization for the North Carolina State University at Raleigh wholly self-liquidating residence hall on pages 769 and 770 of the 1973 Session Laws by seven hundred fifty thousand dollars ($750,000) for a total authorization of four million five hundred thousand dollars ($4,500,000).
—NORTH CAROLINA CENTRAL UNIVERSITY/SCOPE INCREASE
Sec. 8.  Section 2 of 1975 Session Laws, Chapter 725, is amended by increasing the authorization for the North Carolina Central University wholly self-liquidating renovation of Chidley Hall on page 980 of the 1975 Session Laws by one million one hundred ten thousand dollars ($1,110,000) for a total authorization of one million eight hundred thousand dollars ($1,800,000).
—ELIZABETH CITY STATE UNIVERSITY/SCOPE INCREASE
Sec. 9.  Section 4 of 1971 Session Laws, Chapter 693, as amended by 1973 Session Laws, Chapter 692, and as amended by 1977 Session Laws, Chapter 194, is further amended by increasing the authorization for the Elizabeth City State University wholly self-liquidating 200-student dormitory building project on page 699 of the 1971 Session Laws by two hundred thousand dollars ($200,000) for a total authorization of one million eight hundred thousand dollars ($1,800,000).
—ENCUMBERED APPROPRIATIONS AND PROJECT RESERVE FUND
Sec. 10.  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 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 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 in the opinion of the Director of the Budget all means to award contracts within the appropriation shall have been reasonably attempted. 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 Director of the Budget any balances in the project reserve fund shall revert to the original source.
—UNIVERSITY OF NORTH CAROLINA BOARD OF GOVERNORS AND OTHER LUMP SUM APPROPRIATIONS
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 G.S. 116-11(9)a and G.S. 116-11(9)b, and this act, except where specifically excluded. Other lump sums designated as reserves appropriated in Sections 4 or 5 of this act shall be used for specific capital improvement projects in accordance with the priority needs of the respective agencies and as approved by the Director of the Budget and the Advisory Budget Commission, and any funds remaining in a project account following encumbrance of all construction and equipment costs and reasonable contingency shall revert to the respective reserve.
—SPECIAL RESERVE FOR THE HISTORICALLY BLACK INSTITUTIONS
Sec. 12.  Funds appropriated in Section 4 of this act to the Board of Governors of The University of North Carolina include a special capital improvements reserve of forty million dollars ($40,000,000) for the purchase of educational equipment and capital improvements projects at the historically black institutions of The University of North Carolina, which are Elizabeth City State University, Fayetteville State University, North Carolina Agricultural and Technical State University, North Carolina Central University, and Winston-Salem State University. From this reserve, an educational equipment fund of at least one million dollars ($1,000,000) shall be distributed among the five institutions. The remainder of the special reserve shall be used to establish specific capital improvements projects designed to improve the campus environment at each of the institutions. The Board of Governors shall establish specific capital improvements projects at each of the historically black institutions to accomplish these purposes. The Board of Governors is authorized to make such transfers between these established projects as may be required to accomplish the purposes of this appropriation.
—GOVERNOR AND ADVISORY BUDGET COMMISSION/POSTPONEMENT OF PROJECTS
Sec. 13.  Upon the request of a department, institution, or agency for which a capital improvement appropriation is made in this act, the Director of the Budget and the Advisory Budget Commission are 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.
—ADVISORY BUDGET COMMISSION/APPROPRIATION MODIFICATIONS
Sec. 14.  The Director of the Budget and the Advisory Budget Commission may, when in their opinion it is in the best interest of the State to do so, and upon the request of the pertinent department, agency, or institution, authorize an increase or decrease in size and scope of a direct or self-liquidating capital appropriation. Changes to a project or projects enumerated in this act may come from gifts, federal or private grants, excess patient receipts collected above those budgeted by the North Carolina Memorial Hospital, special fund receipts, or, from within the funds appropriated for capital improvements in this act to that department, agency, or institution. Further, the Director of the Budget is authorized to increase from the sources of funds referred to in this section the cost of a project or projects enumerated in this act, but solely to allow for award of contracts where bids exceed appropriated funds, and on condition that such projects supplemented shall have been designed within the size and physical scope intended by the applicable appropriation or any authorized changes therein, and in the opinion of the Director of the Budget all means to award contracts within the appropriation shall have been reasonably attempted.
The reserve for repairs and completion of previously authorized capital projects appropriated in 1979-80 to the Department of Administration in Section 4 of this act shall be allocated at the discretion of the Advisory Budget Commission.
—GOVERNOR AND ADVISORY BUDGET COMMISSION/NEW PROJECT
Sec. 15.  The Director of the Budget and the Advisory Budget Commission may, when in their opinion it is in the best interest of the State to do so, and upon the request of a department, institution, or agency, authorize the construction of a capital improvement project not specifically provided for or authorized by the General Assembly. Funds which become available by gifts, excess patient receipts collected above those budgeted by the North Carolina Memorial Hospital, federal or private grants, or receipts becoming a part of special funds by act of the General Assembly may be used for this purpose. 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.
—RECREATIONAL LAND AND ARMORIES CONSTRUCTION ADVANCES/REIMBURSEMENT
Sec. 16.  The Director of the Budget is authorized and empowered to advance from capital improvement appropriations funds necessary for the purchase of recreational land and for the construction of or addition to National Guard armories for which there is either no specific appropriation or only a partial appropriation, when reimbursement of such advance will be later effected by assured gifts, grants or federal funds.
—COMMUNITY COLLEGES/MOVABLE EQUIPMENT
Sec. 17.  No construction contracts for capital improvements within the Department of Community Colleges shall be let until it has been clearly established to the Director of the Budget that funds are available for related movable equipment.
—TEXTILE EQUIPMENT FUNDS/NORTH CAROLINA STATE UNIVERSITY AT RALEIGH
Sec. 18.  Funds appropriated in Section 4 of this act to the Board of Governors of The University of North Carolina to fund the Schedule of Priorities - Capital Improvements, include one million six hundred thousand dollars ($1,600,000) in 1980-81 to update equipment for teaching laboratories of the School of Textiles at North Carolina State University at Raleigh. These funds shall be used exclusively for this purpose and shall be available only to the extent that they are matched by the textiles industry. Matching requirements will be met with cash and/or equipment contributions realized on or after January 1, 1978. The Board of Governors will be responsible for determining the value of any equipment donated pursuant to this section and for ensuring that the intent of this section is fulfilled.
—STATE ZOO CONSTRUCTION FUNDS
Sec. 19.  The appropriations in Section 4 of this act to the Department of Natural Resources and Community Development for Zoo Development represent the final commitment of State funds for construction of physical facilities at the State Zoo, and it is the intent of the General Assembly that there will be no further General Fund appropriations for this purpose after completion of the African Phase of development.
—REPAIR OF MARINE RESOURCES CENTERS/SETTLEMENTS FROM ARCHITECTS OR CONTRACTORS
Sec. 20.  Funds are appropriated to the Department of Administration in Section 4 of this act for the repair of the three Marine Resources Centers. If the State receives any settlement from architects or contractors involved in the construction of these centers, the funds received shall be used to reduce this appropriation, and an amount equal to the settlement shall revert to the General Fund.
—REVERT CAPITAL IMPROVEMENTS/REROOF TWO BUILDINGS AT THE EASTERN NORTH CAROLINA SCHOOL FOR THE DEAF
Sec. 21.  Unexpended and unencumbered funds appropriated in Chapter 1136 of the 1977 Session Laws to the Department of Human Resources for renovations and air conditioning of the Caswell Annex at Cherry Hospital shall revert to the General Fund on July 1, 1979. Of these funds, five hundred one thousand five hundred dollars ($501,500) are appropriated in Section 4 of this act to reroof the Vestal and McAdams Buildings at the Eastern North Carolina School for the Deaf.
—APPROPRIATIONS LIMITS/REVERSION OR LAPSE
Sec. 22.  Subject to any transfers and changes between appropriations as permitted in previous sections of this act, the appropriations for capital improvements made in this act shall be expended only for specific projects set out in this act. Construction of all capital improvement projects enumerated in this act shall be commenced or self-liquidating indebtedness with respect thereto shall be incurred within 18 months following the first day of the fiscal year in which the funds are available. If construction contracts on such project or projects have not been awarded 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 Director of the Budget and the Advisory Budget Commission when, in their discretion, existing circumstances and conditions warrant such extension.
—EFFECTIVE DATE
Sec. 23.  This act shall become effective July 1, 1979.
In the General Assembly read three times and ratified, this the 31st day of May, 1979.

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