GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
S 5
SENATE BILL 187
Transportation Committee Substitute Adopted 4/6/11
House Committee
Substitute Favorable 6/27/12
Fourth Edition Engrossed 6/27/12
Corrected Copy 6/28/12
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Short Title: Modifications/2012 Appropriations Act. |
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Sponsors: |
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Referred to: |
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March 3, 2011
A BILL TO BE ENTITLED
AN ACT to make technical, clarifying, and other modifications to the Current Operations and Capital Improvements Appropriations ActS.
The General Assembly of North Carolina enacts:
PART I. GENERAL PROVISIONS
SECTION 1.1. If House Bill 950, 2012 Regular Session becomes law, then the portion of Section 2.1 of that act relating to Education reads as rewritten:
"SECTION 2.1. Appropriations from the General Fund of the State for the maintenance of the State departments, institutions, and agencies, and for other purposes as enumerated, are adjusted for the fiscal year ending June 30, 2013, according to the schedule that follows. Amounts set out in parentheses are reductions from General Fund appropriations for the 2012-2013 fiscal year.
Current Operations - General Fund 2012-2013
EDUCATION
…
University of North Carolina - Board of Governors
Appalachian State University 573,876
East Carolina University
Academic Affairs 4,447,287
Health Affairs 0
Elizabeth City State University 0
Fayetteville State University 473,656
NC A&T State University 0
NC Central University 0
NC State University
Academic Affairs 3,346,252
Agricultural Research 0
Agricultural Extension 0
UNC-Asheville 0
UNC-Chapel Hill
Academic Affairs 0
Health
Affairs
015,000,000
AHEC 0
UNC-Charlotte 0
UNC-Greensboro 103,534
UNC-Pembroke 0
UNC-School of the Arts 0
UNC-Wilmington 434,038
Western Carolina University 0
Winston-Salem State University 0
General Administration 9,808,141
University Institution Programs 15,560,828
Related Educational Programs (12,139,141)
UNC Financial Aid Private Colleges 4,500,000
NC School of Science & Math 0
UNC
Hospitals
(3,000,000)(18,000,000)
Total University of North Carolina - Board of Governors $ 24,108,471
…."
SECTION 1.2. If House Bill 950, 2012 Regular Session of the General Assembly, becomes law, then that act is amended by adding a new section to read:
"Exemptions from Management Flexibility Reductions
"SECTION 6.15. Notwithstanding the provisions of Section 6.14 of this act and G.S. 143C-6-4, and unless otherwise specifically directed in this act or in S.L. 2011-145, additional funds appropriated for the 2012-2013 fiscal year to State agencies as defined by G.S. 143C-1-1(d)(24) shall not be used to offset management flexibility adjustments enacted in this act or in S.L. 2011-145."
PART II. EDUCATION
SECTION 2.1. If House Bill 950, 2012 Regular Session of the General Assembly, becomes law, then that act is amended by adding a new section to read:
"AUTHORITY TO ESTABLISH PERSONNEL POSITIONS TO ADMINISTER THE EXCELLENT PUBLIC SCHOOLS ACT
"SECTION 7A.11. The Department of Public Instruction may establish 11 personnel positions to administer the provisions of Section 7A.1 of this act."
SECTION 2.2. If House Bill 950, 2012 Regular Session of the General Assembly, becomes law, then that act is amended by adding a new section to read:
"Funding for Bowles Center for Alcohol Studies
"SECTION 9.16. G.S. 20-7(i1) reads as rewritten:
"(i1) Restoration Fee. - Any person whose drivers license has been revoked pursuant to the provisions of this Chapter, other than G.S. 20-17(a)(2) shall pay a restoration fee of fifty dollars ($50.00). A person whose drivers license has been revoked under G.S. 20-17(a)(2) shall pay a restoration fee of one hundred dollars ($100.00). The fee shall be paid to the Division prior to the issuance to such person of a new drivers license or the restoration of the drivers license. The restoration fee shall be paid to the Division in addition to any and all fees which may be provided by law. This restoration fee shall not be required from any licensee whose license was revoked or voluntarily surrendered for medical or health reasons whether or not a medical evaluation was conducted pursuant to this Chapter. The fifty-dollar ($50.00) fee, and the first fifty dollars ($50.00) of the one-hundred-dollar ($100.00) fee, shall be deposited in the Highway Fund. Twenty-five dollars ($25.00) of the one-hundred-dollar ($100.00) fee shall be used to fund a statewide chemical alcohol testing program administered by the Forensic Tests for Alcohol Branch of the Chronic Disease and Injury Section of the Department of Health and Human Services. The remainder of the one-hundred-dollar ($100.00) fee shall be deposited in the General Fund. The Office of State Budget and Management shall annually report to the General Assembly the amount of fees deposited in the General Fund and transferred to the Forensic Tests for Alcohol Branch of the Chronic Disease and Injury Section of the Department of Health and Human Services under this subsection.
It is the intent of the General Assembly to annually
appropriate Effective with the 2011-2012 fiscal year, from the funds
deposited in the General Fund under this subsection the sum of five hundred
thirty-seven thousand four hundred fifty-five dollars ($537,455) shall be
transferred to the Board of Governors of The University of North Carolina
to be used for the operating expenses of the Bowles Center for Alcohol Studies
at The University of North Carolina at Chapel Hill.""
SECTION 2.3. If House Bill 950, 2012 Regular Session of the General Assembly, becomes law, then that act is amended by adding a new section to read:
"FUNDING FOR UNC MEDICAL SCHOOL
"SECTION 9.17.(a) Notwithstanding any provision of law to the contrary, of the funds appropriated by this act for the 2012-2013 fiscal year to the Board of Governors of The University of North Carolina the sum of forty-four million eleven thousand eight hundred eighty-two dollars ($44,011,882) in recurring funds, the recurring reduction of those funds in the amount of three million dollars (3,000,000), and the nonrecurring reduction of those funds in the amount of twenty-six million eleven thousand eight hundred eighty-two dollars ($26,011,882) shall be transferred from the UNC Hospitals Budget Code 16095 to the UNC School of Medicine Budget Code 16021 and shall be used for medical education. The transfer of the appropriation of the sum of forty-four million eleven thousand eight hundred eighty-two dollars ($44,011,882) in recurring funds and the transfer of the recurring reduction of those funds in the amount of three million dollars (3,000,000) shall be a permanent transfer of appropriation and reduction in funds from the UNC Hospitals Budget Code 16095 to the UNC School of Medicine Budget Code 16021 that shall be reflected in those budget codes for the 2012-2013 fiscal year and in the continuation budgets for those budget codes for each subsequent fiscal year."
SECTION 2.4. If House Bill 950, 2012 Regular Session of the General Assembly, becomes law, then Section 7.18 of that act is repealed.
PART III. HEALTH AND HUMAN SERVICES
SECTION 3.1.(a) If House Bill 950, 2012 Regular Session of the General Assembly, becomes law, then the portion of Section 10.25(a) of that act setting forth the allocation for County Departments of Social Services for Local Program Expenditures, Divisions of Social Services and Aging and Adult Services, under the Social Services Block Grant reads as rewritten:
"SECTION 10.25.(a) Appropriations from federal block grant funds are made for the fiscal year ending June 30, 2013, according to the following schedule:
…
SOCIAL SERVICES BLOCK GRANT
Local Program Expenditures
Divisions of Social Services and Aging and Adult Services
01.
County Departments of Social
Services
$ 32,249,206$30,452,068
(Transfer from TANF $4,148,001)
…."
SECTION 3.1.(b) If House Bill 950, 2012 Regular Session of the General Assembly, becomes law, then the portion of Section 10.25(a) of that act setting forth the allocation for Children's Health Services for Local Program Expenditures, Division of Public Health, under the Maternal and Child Health Block Grant reads as rewritten:
"SECTION 10.25.(a) Appropriations from federal block grant funds are made for the fiscal year ending June 30, 2013, according to the following schedule:
…
MATERNAL AND CHILD HEALTH BLOCK GRANT
Local Program Expenditures
Division of Public Health
01.
Children's Health
Services
$ 8,487,547$ 8,569,465
…."
SECTION 3.1.(c) If House Bill 950, 2012 Regular Session of the General Assembly, becomes law, then the portion of Section 10.25(a) of that act setting forth the allocation for HIV/STD Prevention and Community Planning for Local Program Expenditures, Division of Public Health, under the Preventive Health Services Block Grant reads as rewritten:
"SECTION 10.25.(a) Appropriations from federal block grant funds are made for the fiscal year ending June 30, 2013, according to the following schedule:
…
PREVENTIVE HEALTH SERVICES BLOCK GRANT
Local Program Expenditures
Division of Public Health
01. HIV/STD Prevention and Community Planning
(Transfer from Social Services
Block Grant)
180,470
…."
SECTION 3.1.(d) If House Bill 950, 2012 Regular Session of the General Assembly, becomes law, then Section 10.25(l) of that act reads as rewritten:
"SECTION 10.25.(l) The sum of thirty-two
million two hundred forty-nine thousand two hundred six dollars ($32,249,206)thirty
million four hundred fifty-two thousand sixty-eight dollars ($30,452,068)
appropriated in this section in the Social Services Block Grant to the
Department of Health and Human Services, Division of Social Services, for the
2012-2013 fiscal year shall be used for County Block Grants. The Division shall
certify these funds in the appropriate State-level services based on prior year
actual expenditures. The Division has the authority to realign the authorized
budget for these funds among the State-level services based on current year
actual expenditures."
SECTION 3.1.(e) If House Bill 950, 2012 Regular Session of the General Assembly, becomes law, then Section 10.25 of that act is amended by adding a new subsection to read:
"SECTION 10.25.(r1) The sum of two million seven hundred twenty-eight thousand dollars ($2,728,000) appropriated in this section in the Social Services Block Grant for the 2012-2013 fiscal year to the Department of Health and Human Services, Division of Social Services, shall be used for tobacco cessation and prevention. These funds are exempt from the provisions of 10A NCAC 71R .0201(3)."
SECTION 3.2.(a) If House Bill 950, 2012 Regular Session of the General Assembly, becomes law, then Section 10.4(a) of that act reads as rewritten:
"SECTION 10.4.(a) Of the funds appropriated
to the Department of Health and Human Services, Division of Child Development
and Early Education, for the North Carolina Partnership for Children, Inc., the
sum of three million five hundred thousand dollars ($3,500,000) for the
2012-2013 fiscal year shall be used by the North Carolina Partnership for
Children, Inc., to develop and administer an early literacy initiative pilot
program, to be known as "Read NC," hire four North Carolina
Partnership for Children, Inc., development officers, and provide additional
funds for rural partnerships; provided, however, the Department shall not
expend the funds appropriated in this section for the 2012-2013 fiscal year
until January 1, 2013, pending a determination by the Office of State Budget
and Management that there is adequate funding for the Medicaid budget for the 2012-2013
fiscal year, as provided in Section 10.9G of this act.partnerships.
"Read NC" will focus on increasing the early literacy skills of
children who are most at risk for reading below grade level. The pilot
program shall be distributed geographically to ensure adequate representation
of the diverse areas of the State."
SECTION 3.2.(b) If House Bill 950, 2012 Regular Session of the General Assembly, becomes law, then Section 10.8(b) of S.L. 2011-145, as amended by Section 10.10 of that act, reads as rewritten:
"SECTION 10.8.(b) Of the funds appropriated
in this act to the Department of Health and Human Services, Division of Mental
Health, Developmental Disabilities, and Substance Abuse Services, the sum of
twenty-nine million one hundred twenty-one thousand six hundred forty-four
dollars ($29,121,644) for the 2011-2012 fiscal year and the sum of
thirty-eight million one hundred twenty-one thousand six hundred forty-four
dollars ($38,121,644) for the 2012-2013 fiscal year shall be allocated for the
purchase of local inpatient psychiatric beds or bed days; provided, however,
the Department shall not expend nine million dollars ($9,000,000) of the funds
appropriated in this section for the 2012-2013 fiscal year until January 1,
2013, pending a determination by the Office of State Budget and Management that
there is adequate funding for the Medicaid budget for the 2012-2013 fiscal
year, as provided in Section 10.9G of House Bill 950, 2012 Regular Session.days.
In addition, at the discretion of the Secretary of Health and Human Services,
existing funds allocated to LMEs for community-based mental health,
developmental disabilities, and substance abuse services may be used to
purchase additional local inpatient psychiatric beds or bed days. These beds or
bed days shall be distributed across the State in LME catchment areas,
including any catchment areas served by managed care organizations, and
according to need as determined by the Department. The Department shall enter
into contracts with the LMEs and community hospitals for the management of
these beds or bed days. The Department shall work to ensure that these
contracts are awarded equitably around all regions of the State. Local
inpatient psychiatric beds or bed days shall be managed and controlled by the LME,
including the determination of which local or State hospital the individual
should be admitted to pursuant to an involuntary commitment order. Funds shall
not be allocated to LMEs but shall be held in a statewide reserve at the
Division of Mental Health, Developmental Disabilities, and Substance Abuse
Services to pay for services authorized by the LMEs and billed by the hospitals
through the LMEs. LMEs shall remit claims for payment to the Division within 15
working days of receipt of a clean claim from the hospital and shall pay the
hospital within 30 working days of receipt of payment from the Division. If the
Department determines (i) that an LME is not effectively managing the beds or
bed days for which it has responsibility, as evidenced by beds or bed days in
the local hospital not being utilized while demand for services at the State
psychiatric hospitals has not reduced, or (ii) the LME has failed to comply
with the prompt payment provisions of this subsection, the Department may
contract with another LME to manage the beds or bed days, or, notwithstanding
any other provision of law to the contrary, may pay the hospital directly. The
Department shall develop reporting requirements for LMEs regarding the
utilization of the beds or bed days. Funds appropriated in this section for the
purchase of local inpatient psychiatric beds or bed days shall be used to
purchase additional beds or bed days not currently funded by or through LMEs
and shall not be used to supplant other funds available or otherwise appropriated
for the purchase of psychiatric inpatient services under contract with
community hospitals, including beds or bed days being purchased through
Hospital Utilization Pilot funds appropriated in S.L. 2007-323. Not later than
March 1, 2012, the Department shall report to the House of Representatives
Appropriations Subcommittee on Health and Human Services, the Senate
Appropriations Committee on Health and Human Services, the Joint Legislative
Oversight Committee on Mental Health, Developmental Disabilities, and Substance
Abuse Services, and the Fiscal Research Division on a uniform system for beds
or bed days purchased (i) with local funds, (ii) from existing State
appropriations, (iii) under the Hospital Utilization Pilot, and (iv) purchased
using funds appropriated under this subsection."
SECTION 3.2.(c) If House Bill 950, 2012 Regular Session of the General Assembly, becomes law, then Section 10.14(a)(5) of that act reads as rewritten:
"(5) Local health
department initiatives, provided, however, the Department shall not use
these funds for local health department initiatives until January 1, 2013,
pending a determination by the Office of State Budget and Management (OSBM)
that there is adequate funding for the Medicaid budget for the 2012-2013 fiscal
year, as provided in Section 10.9G of this act. Upon a determination by OSBM
that there is adequate funding for the Medicaid budget for the 2012-2013 fiscal
year, localinitiatives. Local health departments shall use these
funds only for local community health and wellness initiatives to promote
healthy behaviors, including, but not limited to, tobacco cessation, improved
nutrition, increased physical activity, disease prevention, and school nurse
positions. Funds received by local health departments pursuant to this section
shall not supplant existing funds for local health and wellness programs or
initiatives."
SECTION 3.2.(d) If House Bill 950, 2012 Regular Session of the General Assembly, becomes law, then Section 10.9G of that act is repealed.
SECTION 3.3. If House Bill 950, 2012 Regular Session of the General Assembly, becomes law, then Section 10.9A of that act reads as rewritten:
"SECTION 10.9A.(a) The State
Auditor shall conduct a performance audit of the North Carolina Medicaid
Program and the Division of Medical Assistance operated within the Department
of Health and Human Services. The audit shall examine the program's
effectiveness; results of the program; the utilization of outside vendor
contracts, including the number, cost, and duration of such contracts; fiscal
controls and Medicaid forecasting; and compliance with requirements of the
Centers for Medicare and Medicaid Services and the requirements of State law.audit
the Department of Health and Human Services, Division of Medical Assistance,
and the State Medicaid Program operated within the Department. The audit shall
include the State Auditor's examination of at least all of the following:
(1) The administrative functions and responsibilities of permanent Division staff.
(2) The administrative functions that are performed either partially or entirely through contracts, cooperative agreements, Memorandums of Understanding (MOUs) with external entities, such as independent contractors, private vendors, universities, county governments, and other State or federal agencies. To identify these administrative functions, the State Auditor shall develop an inventory of all administrative contracts for purchased services, including a brief description of the scope of work, cost, and the period of performance for each contract.
(3) The amount of funds, staff, and other resources dedicated to the performance of each administrative function of the Division.
(4) The timeliness and compliance with State and federal mandates when carrying out the functions of the Division, including all of the following:
a. The production of accurate, multiyear projections of Medicaid recipient participation, consumption of services, and costs.
b. The oversight of the Medicaid program to ensure that program participation by Medicaid eligible recipients, consumption of services, and expenditures are within the budget authorized by the General Assembly for each fiscal year, including early detection of expenditure trends that indicate potential budget shortfalls.
c. The timeliness of preparing and submitting Medicaid State Plan amendments to obtain approval from the Centers for Medicare and Medicaid Services to comply with State and federal laws and regulations.
d. The collection, distribution, and maintenance of statistical data and other information on the Medicaid eligible population, eligible recipient participation, consumption of services, Medicaid patient health outcomes, provider participation and related issues, and costs.
e. The timeliness of distribution and the presentation of complete and accurate information with supportive documentation to the Secretary of the Department of Health and Human Services, the Governor's Office, and the General Assembly regarding funding needs and policy issues.
"SECTION 10.9A.(b) The State
Auditor shall give a preliminary report on the performance audit
required by this section to the Joint Legislative Commission on Governmental
Operations and to the Fiscal Research Division by November 1, 2012, and shall
complete the performance audit by February 1, 2013.
"SECTION 10.9A.(c) Of the
funds appropriated to the Department of Health and Human Services, Division of
Medical Assistance, from the General Fund for the 2012-2013 fiscal year to fund
contracts, the Department shall transfer to the North Carolina Office of the
State Auditor the amount of funds necessary to complete the performance
audit required by this section."
SECTION 3.4. If House Bill 950, 2012 Regular Session of the General Assembly, becomes law, then Section 10.11(a) of that act is amended by adding a new subdivision to read:
"(4) The impact of implementing the 1915(b)/(c) Medicaid waiver and other mental health system reforms on public guardianship services, including at least all of the following:
a. Guardianship roles, responsibilities, and procedures.
b. The effect on existing relationships between guardians and wards.
c. Recommended legislation to support the transition of public guardianship services from the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services within the Department of Health and Human Services to county departments of social services."
SECTION 3.5. If House Bill 950, 2012 Regular Session of the General Assembly, becomes law, then Section 10.9E(a) of that act reads as rewritten:
"SECTION 10.9E.(a) TheBy
September 15, 2012, the Department of Health and Human Services, Division
of Medical Assistance, shall develop and submit to the Centers for Medicare and
Medicaid Services an application for a home- and community-based services
program under Medicaid State Plan 1915(i) authority for elderly
individuals who (i) are typically served in special care and memory care units
that meet the criteria of the State-County Special Assistance Program and (ii)
have been diagnosed with a progressive, degenerative, irreversible disease that
attacks the brain and results in impaired memory, thinking, and behavior. The
home- and community-based services program developed by the Department pursuant
to this section shall focus on providing these elderly individuals with
personal care services necessary to ameliorate the effects of gradual memory
loss, impaired judgment, disorientation, personality change, difficulty in
learning, and loss of language skills."
SECTION 3.6. If House Bill 950, 2012 Regular Session of the General Assembly, becomes law, then Section 10.23A(f) of that act reads as rewritten:
"SECTION 10.23A.(f) Of the amount appropriated to the Fund established in subsection (d) of this section, the sum of thirty-nine million seven hundred thousand dollars ($39,700,000) is designated for implementation of the State's plan to provide temporary, short-term assistance only to adult care homes as they transition into the State's Transitions to Community Living Initiative. These funds shall only be used for this purpose. The General Assembly recognizes that while transformation of the system is being undertaken, adult care homes provide stable and safe housing and care to many of North Carolina's frail and elderly population, and it is necessary during this time of transition and transformation of the statewide system that the industry remain able to provide such care.
Upon certification by the Department of Health and Human
Services, in consultation with a local adult care home resident discharge team,
as defined in G.S. 131D-2.1(3a), that a resident who is no longer eligible
to receive Medicaid reimbursable assistance and for whom a community placement
has not yet been arranged cannot be safely and timely discharged into the community,community,
from the sum of thirty-nine million seven hundred thousand dollars
($39,700,000) designated for implementation of the State's plan under this
subsection, the Department may make a monthly payment to the adult care
home to support the facility's continuing provision of services to the
resident. The monthly payment provided by the Department to an adult care home
pursuant to this subsection shall not exceed six hundred ninety-four dollars
($694) per month per resident for a period not to exceed three months for each
resident. At the expiration of this three-month period, the monthly payment
shall be reduced by twenty-five percent (25%) and shall not exceed five hundred
twenty dollars and fifty cents ($520.50) per month per resident. Upon
implementation of the home-and community-based services program for elderly
individuals typically served in special care or memory care units, to be
developed by the Department under Medicaid State Plan 1915(i) authority
pursuant to Section 10.9E of this act, the Department shall terminate all monthly
payments pursuant to this subsection for continuing services provided to
residents of special care or memory care units. The Department shall terminate
all monthly payments pursuant to this subsection on June 30, 2013.
Notwithstanding any other provision of this subsection, the Department is
prohibited from making any monthly payments under this subsection to an adult
care home for services provided to any resident during the pendency of an
appeal by or on behalf of the resident under G.S. 108A-70.9A.
The Department of Health and Human Services shall administer these funds but may, as needed, contract with a vendor for administration."
PART IV. NATURAL AND ECONOMIC RESOURCES
SECTION 4.1. If House Bill 950, 2012 Regular Session of the General Assembly, becomes law, then notwithstanding any provision of law to the contrary, the sum of two hundred eighty-two thousand four hundred twelve dollars ($282,412) in recurring funds shall be transferred from the Department of Environment and Natural Resources to the Department of Health and Human Services to support Division of Environmental Health operations associated with the Department of Environment and Natural Resources' Regional Offices.
SECTION 4.2. If House Bill 950, 2012 Regular Session of the General Assembly, becomes law, then notwithstanding any provision of law to the contrary, 8.75 full-time equivalents shall be transferred from the Department of Environment and Natural Resources to the Department of Agriculture and Consumer Services for the restoration of Division of Soil and Water Conservation employees associated with Department of Environment and Natural Resources' Regional Offices.
SECTION 4.3. If House Bill 950, 2012 Regular Session of the General Assembly, becomes law, then that act is amended by adding a new section to read:
"Soil and Water Conservation Clarifications
"SECTION 11.6.(a) Of the funds appropriated in this act to the Soil and Water Conservation Division of the Department of Agriculture and Community Services for the Conservation Reserve Enhancement Program, the recurring sum of two hundred seventy-five thousand dollars ($275,000) designated for the Roanoke and Pasquotank River basins and for the implementation of amended Conservation Reserve Enhancement Program agreements in the Neuse, Tar-Pamlico, Chowan, and Jordan Lake basins may be used for operation and implementation of the Conservation Reserve Enhancement Program in any of the State's river basins eligible for the Conservation Reserve Enhancement Program.
"SECTION 11.6.(b) G.S. 139-4 reads as rewritten:
"§ 139-4. Powers and duties of Soil and Water Conservation Commission generally.
…
(d) In addition to the duties and powers hereinafter conferred upon the Soil and Water Conservation Commission, it shall have the following duties and powers:
…
(12) To develop and approve best
management practices for the Agriculture Cost Share Program for Nonpoint Source
Pollution Control and for use in the water quality protection and
water use efficiency, availability, and storage programs of the
Department of Environment and Natural Resources and to adopt rules that
establish criteria governing approval of these best management practices.
…."
"SECTION 11.6.(c) Section 3.3 of S.L. 1999-329, as amended by Section 6 of S.L. 2001-254, Section 1.2 of S.L. 2002-176, Section 6.2 of S.L. 2003-340, and Section 12.7(b) of S.L. 2005-276, reads as rewritten:
"SECTION 3.3. The Department of Environment
and Natural Resources, Agriculture and Consumer Services, in
consultation with both the Division of Water Quality of the Department of
Environment and Natural Resources and the Division of Soil and Water
Conservation, shall submit semiannual interim reports no later than 15 April
and 15 October of each year beginning 15 October 1999 to the Environmental
Review Commission, the Fiscal Research Division, and the Appropriations
Subcommittees on Natural and Economic Resources in both the Senate and the
House of Representatives. These reports shall indicate whether the pilot
program has increased the effectiveness of the annual inspections program or
the response to complaints and reported problems, specifically whether the
pilot program had resulted in identifying violations earlier, taking corrective
actions earlier, increasing compliance with the animal waste management plans
and permit conditions, improving the time to respond to discharges, complaints,
and reported problems, improving communications between farmers and Department
employees, and any other consequences deemed pertinent by the Department. These
reports shall also compare the costs of conducting operations reviews and
inspections under the pilot program with the costs of conducting operations
reviews and inspections pursuant to G.S. 143-215.10D and
G.S. 143-215.10F and the resources that would be required to expand the
pilot program to all counties.""
SECTION 4.4. If House Bill 950, 2012 Regular Session of the General Assembly, becomes law, then that act is amended by adding a new section to read:
"Clarify Use of Funds from Natural Heritage Trust Fund
"SECTION 12.10. G.S. 113-77.9(c) reads as rewritten:
"(c) Other Purposes.
- The Trustees may authorize expenditures from the Fund to pay for the
inventory of natural areas conducted under the Natural Heritage Program
established pursuant to the Nature Preserves Act, Article 9A of Chapter 113A of
the General Statutes. The Trustees may also authorize expenditures from the
Fund to pay for conservation and protection planning and for informational
programs for owners of natural areas, as defined in G.S. 113A-164.3. The
Trustees shall authorize expenditures from the Fund not to exceed seventy-five
thousand dollars ($75,000) to pay the cost of the Department of Agriculture and
Consumer Services to administer the Plant Conservation Program. The Trustees
shall authorize expenditures from the Fund not to exceed three hundred
twenty-five thousand dollars ($325,000) to pay the cost of supporting staff in
the Office of Conservation Planning and Community Affairs of the Department of
Environment and Natural Resources.Resources for activities in
addition to those conducted in support of the purposes set forth in this
section."
SECTION 4.5. If House Bill 950, 2012 Regular Session of the General Assembly, becomes law, then Section 13.9A of that act is amended by adding a new subsection to read:
"SECTION 13.9A.(c) The Department of Commerce shall transfer to the Department of Agriculture and Consumer Services position 60080945. This position shall be supported from funds appropriated for the 2012-2013 fiscal year in this act to the Department of Agriculture and Consumer Services for the North Carolina Wine and Grape Growers Council on a nonrecurring basis."
SECTION 4.6. If House Bill 950, 2012 Regular Session of the General Assembly, becomes law, then that act is amended by adding a new section to read:
"BIOFUELS CENTER OF NORTH CAROLINA/TVA FUNDS
"SECTION 13.12AA. Subsections (a) and (b) of Section 14.14 of S.L. 2011-145 are repealed."
PART V. GENERAL GOVERNMENT
SECTION 5.1. If House Bill 950, 2012 Regular Session of the General Assembly, becomes law, then that act is amended by adding a new Part to read:
"PART XVIA. DEPARTMENT OF ADMINISTRATION
"NORTH CAROLINA STERILIZATION VICTIMS FOUNDATION FUNDING
"SECTION 16A.1. Of the funds appropriated to the Department of Administration, the sum of one hundred twenty-eight thousand six hundred eighteen dollars ($128,618) for the 2012-2013 fiscal year shall be used for the continued operation of the North Carolina Sterilization Victims Foundation on a nonrecurring basis."
PART VI. TRANSPORTATION
SECTION 6.1. If House Bill 950, 2012 Regular Session of the General Assembly, becomes law, then that act is amended by adding a new section to read:
"Department of Transportation Relocation of Municipal Utilities
"SECTION 24.22. Article 2 of Chapter 136 of the General Statutes is amended by adding a new section to read:
"§ 136-27.3. Relocation of municipalities' utilities by Department; repayment by municipalities.
When requiring municipalities to relocate utilities under its power granted in G.S. 136-18(10), the Department may enter into agreements with municipalities to provide that the necessary engineering and utility construction be accomplished by the Department on a reimbursement basis as follows:
(1) Reimbursement to the Department shall be due after completion of the work and within 60 days after date of invoice.
(2) Interest shall be paid on any unpaid balance due at a variable rate of the prime rate plus one percent (1%).""
SECTION 6.2. If House Bill 950, 2012 Regular Session, becomes law, then Section 24.18(b) of that act reads as rewritten:
"SECTION 24.18.(b) The Department of
Transportation shall disregard Executive Order No. 116, or any other executive
order pertaining to ferry tolls, and shall collect the tolls required by S.L.
2011-145 and this section, except for the Cherry Branch/Minnesott Beach route,
for which the Department of Transportation shall not collect the increased
tolls required by S.L. 2011-145 during fiscal year 2012-2013. Notwithstanding
the clarifying amendment to G.S. 136-82 made by subsection (a) of this
section and notwithstanding the increase in ferry toll revenue required by S.L.
2011-145, the Department of Transportation, Ferry Division, shall not collect
the increased tolls required by S.L. 2011-145 during the 2012-2013 fiscal year.
Notwithstanding any other provision of this act, the appropriation to the
Department of Transportation, Ferry Division, provided elsewhere in this act is
increased by the sum of two million five hundred thousand dollars ($2,500,000),
nonrecurring, and the amount provided elsewhere in this act for the Reserve for
General Maintenance in the Highway Fund is decreased by the sum of two million
five hundred thousand dollars ($2,500,000), nonrecurring."
PART VI-A. CAPITAL APPROPRIATIONS
SECTION 6A.1.(a) If House Bill 950, 2012 Regular Session of the General Assembly, becomes law, then Section 26.1 of that act is amended by adding a new subsection to read:
"SECTION 26.1.(b) The General Assembly authorizes the Department of Public Safety to complete the Greensboro Readiness Center Renovation and Expansion capital improvement project and authorizes funding for the project in accordance with this subsection. The Department of Public Safety may use up to one million three hundred seventy-three thousand three hundred thirty dollars ($1,373,330) of funds available that are authorized by Section 18.2 of S.L. 2011-145 to be used as State matching funds for this project. The remainder of the project costs shall be paid from federal matching funds. The total project cost shall not exceed the sum of five million four hundred eighty-nine thousand eight hundred twenty dollars ($5,489,820)."
SECTION 6A.1.(b) If House Bill 950, 2012 Regular Session of the General Assembly, becomes law, then Section 18.2 of S.L. 2011-145 reads as rewritten:
SECTION 7.1. Except as otherwise provided, this act becomes effective July 1, 2012.