SB 803 — Capital Appropriation - Repairs & Renovations.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 21 SENATE BILL 803 Appropriations/Base Budget Committee Substitute Adopted 6/10/20 Short Title:

Senators Brown, Harrington, and B.

Jackson (Primary Sponsors).

Rules and Operations of the Senate May 20, 2020 A BILL TO BE ENTITLED AN ACT TO FUND REPAIRS AND RENOVATIONS PROJECTS FOR STATE AGENCIES AND THE CONSTITUENT INSTITUTIONS OF THE UNIVERSITY OF NORTH CAROLINA AND TO ENACT VARIOUS STATUTORY CHANGES RELATING TO FUNDING AND COMMENCING CAPITAL PROJECTS FROM THE STATE CAPITAL AND INFRASTRUCTURE FUND.

SECTION 1.(a) There is transferred from the General Fund to the State Capital and Infrastructure Fund thea sum ofsufficient one hundred nineteen million dollars ($119,000,000) in nonrecurring fundsfunding for the 2020-2021 fiscal year.

SECTION1.(b) Thereis appropriatedfromtheStateCapital and InfrastructureFund to the Office of State Budget and Management thea sum ofsufficient one hundred nineteen million dollars ($119,000,000) in nonrecurring fundsfunding for the 2020-2021 fiscal year to be allocated for repairs and renovations projects pursuant to G.S.

SECTIONNotwithstanding 2.(b)G.S. Funds allocatedunderthis sectionthat maybe expendedon projects where the recipient intends or expects to receive insurance proceeds or State or federal aid or assistance shall be used only to the extent that funds received from the settlement of a claim for loss or damage covered under the recipient's applicable insurance policy, or other aid or assistance, are insufficient to cover all damages sustained as a result of Hurricane Florence.

143C-8-13, ofthefunds allocatedin subdivision(2)ofthis subsection, asum sufficient shall be allocated to the Department of Revenue for security improvements at various locations throughout the State.

SECTION2.(b) Funds allocatedunderthis sectionthat maybe expendedon projects where the recipient intends or expects to receive insurance proceeds or State or federal aid or assistance shall be used only to the extent that funds received from the settlement of a claim for loss or damage covered under the recipient's applicable insurance policy, or other aid or assistance, are insufficient to cover all damages sustained as a result of Hurricane Florence.

*S803-v-1* General Assembly Of North Carolina Session 2019 "§ 143C-8-13.

*S803-v-2* General Assembly Of North Carolina Session 2019 (a) Use of Funds.

… (c) InNotwithstanding making campus allocations of funds allocated to the Board of Governors of The University of North Carolina for the purposes described in subsection (a) of this section, the Board of Governors shall negatively weight the availability of non-State resources and carryforward funds available for repairs and renovations and shall include information about the manner in which this subsection was complied with in any reportprovision submittedof pursuant to this section." SECTION 3.(b) G.S.

143C-8-7 to the contrary, the chancellor of a constituent institution of The University of North Carolina may pay for projects for repairs and renovations with funds available to the constituent institution according to the following:

(1) The project meets all of the following requirements:

a.

The total project costs do not exceed one million dollars ($1,000,000).

b.

The project is one of the types set forth in subdivisions (1) through (13)ofsubsection(a)ofthis section,regardless ofwhethertherelevant facilities and related infrastructure are supported from the General Fund or the State Capital and Infrastructure Fund.

(2) The constituent institution reports on projects undertaken pursuant to this subsection to the Board of Governors of The Universityof North Carolina and the Fiscal Research Division on a quarterly basis.

The report shall include all of the following information for each project:

a.

The facility at which the project is being undertaken.

b.

The nature and scope of the project.

c.

The source of funds for the project.

d.

The category of projects set forth in subsection (a) of this section that the project falls within.

(3) Any funds from a General Fund appropriation that are contractually obligated for a project pursuant to this subsection shall not revert at the end of the fiscal year but shall remain available to fund the completion of the project.

(d) In making campus allocations of funds allocated to the Board of Governors of The University of North Carolina for the purposes described in subsection (a) of this section, the Board of Governors shall negatively weight the availability of non-State resources and carryforward funds available for repairs and renovations and shall include information about the manner in which this subsection was complied with in any report submitted pursuant to this section." SECTION 3.(b) G.S.

(b) Notwithstanding any other provision of law to the contrary, the Department of Agriculture and Consumer Services is authorized to utilize the types of funds described in subsection (a) of this section to build equipment structures that meet the description contained in Page 2 Senate Bill 803-First Edition General Assembly Of North Carolina Session 2019 G.S.

The Page 2 Senate Bill 803-Second Edition General Assembly Of North Carolina Session 2019 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.

Nothing in this subsection shall be construed to prohibit expenditures for planning for a project that has been authorized byan act of the General Assembly and funded with an allocation from the State Capital and Infrastructure Fund." Senate Bill 803-First Edition Page 3 General Assembly Of North Carolina Session 2019 SECTION 3.(e) G.S.

Senate Bill 803-Second Edition Page 3 General Assembly Of North Carolina Session 2019 … (b) Creation and Source of Funds.

(4) Projects and grants identified in the Current Operations Appropriations ActAct. or that have been authorized and funded by an act of the General Assembly.

Page 4 Senate Bill 803-First Edition General Assembly Of North Carolina Session 2019 (f) Funds Available Only Upon Appropriation.

Page 4 Senate Bill 803-Second Edition General Assembly Of North Carolina Session 2019 (6) A project shall not begin until the fiscal year authorized by the General Assembly." SECTION 3.(g) G.S.

Senate Bill 803-Second803-First Edition Page 5