Title: S.L. 1977-681

General Assembly of North Carolina	1977

NORTH CAROLINA GENERAL ASSEMBLY
1977 SESSION

CHAPTER 681
SENATE BILL 17

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 1977".
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 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 Governor 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 thirty million three hundred thirty-nine thousand six hundred twenty-six dollars ($30,339,626) effective July 1, 1977, and thirty-one million nine hundred eighty thousand dollars ($31,980,000) effective July 1, 1978, for use by the State departments, institutions, and agencies to provide for capital improvement projects according to the following schedule:
Capital Improvements — General Fund	1977-78	1978-79
GENERAL ASSEMBLY (TOTAL)	$	50,000	$
	01. Renovation of Elevators		50,000
DEPARTMENT OF ADMINISTRATION
   (TOTAL)		1,353,000		850,000
	01. Completion of Capitol
		Restoration		55,000
	02. Completion of Governor's
		Mansion Renovation		100,000
	03. Repairs and Alterations to
		State Buildings in the
		State Government Center		100,000		100,000
	04. Greenhouse - General
		Services		6,000
	05. Renovation of Old Health
		Building		122,000
	06. Two new elevators for
		Justice Building				100,000
	07. Architectural Barrier
		Removal - State Government
		Center		120,000
	08. Land Acquisition - State
		Government Center 		100,000		150,000
	09. Parking Deck-State
		Government Center		2,000,000
		Less receipts -
		Self-liquidating		2,000,000
		General Fund		-0-
	10. Reserve for Advance
		Planning of Capital
		Projects		250,000
	11. Land Acquisition - State
		Parks		1,000,000		1,000,000
		Less receipts - Federal BOR		500,000		500,000
		General Fund		500,000		500,000
DEPARTMENT OF AGRICULTURE (TOTAL)		1,375,000		450,000
	01. Western Farmers Market	10,000
	02. Farm shops, office, and equipment shed - 
		Umstead Farm		75,000
	03. Renovation of Three Laying
		Houses		100,000
	04. Bulk Tobacco Curing and
		Handling Facilities -
		Border Belt Research Station		40,000
	05. Reserve for capital construction - 
		Western Farmers Market		500,000
	06. Reserve for repairs to
		Dorton Arena		200,000		450,000
	07. Reroof wholesale sheds -
		Raleigh Farmers Market		225,000
	08. Reserve for Cherokee
		Farmers Market		200,000
	09. Reserve for Handicrafts
		Museum - Haywood Technical
		Institute		25,000
BOARD OF GOVERNORS - THE
UNIVERSITY OF NORTH CAROLINA (TOTAL)		9,540,000
	01. Bed Tower for East Carolina
		University Medical School
		Complex		3,820,000
	02. OSHA Compliance
		Architectural Barrier
		Removal; Renovation and construction
		of Capital Facilities		3,000,000
	03. Utilities and Site
		Improvements at Memorial
		Hospital		720,000
	04. Reserve for capital construction - NCSU
		Veterinary School		2,000,000
COMMUNITY COLLEGES (TOTAL)		1,000,000		1,000,000
	01. Reserve for capital construction	1,222,932	1,222,932
		Less receipts - Federal
		Funds		222,932		222,932
		General Fund		1,000,000		1,000,000
DEPARTMENT OF CORRECTION (TOTAL)		4,750,000		24,900,000
	01 .Replacement of Central
		Prison - Phase I		850,000		16,150,000
	02. Reserve for Repairs and
		Renovations at Existing
		Facilities		1,000,000
	03. Reserve for Prison
		Construction		2,900,000		8,750,000
DEPARTMENT OF JUSTICE (TOTAL)		456,376
	01. Renovation funds for the SBI facilities at 
		Garner Road campus		456,376
DEPARTMENT OF CULTURAL RESOURCES
	(TOTAL)		200,000		200,000
	01. Reserve for Capital
		Improvements at Historic Sites		200,000		200,000
DEPARTMENT OF HUMAN RESOURCES
	(TOTAL)		3,575,000		1,000,000
	01. Reserve for Correction of
		Code Deficiencies		1,000,000		1,000,000
	02. North Carolina School for the Deaf
		a. Upgrade Heating Controls
			and Repair Smokestack		230,000
		b. Resurface roads		100,000
	03. Eastern North Carolina
		School for the Deaf
		a. Resurface road 		65,000
	04. Governor Morehead School
		a. Reroofing 		50,000
		b. Repair Gym Dressing Room		10,000
		c. Repipe Steam and Condensate
			Lines		75,000
	05. Eastern North Carolina
		Hospital
		a. Reroof Spruill Wing		28,000
	06. Cherry Hospital
		a. Renovate McFarland
			Building 		495,000
	07. John Umstead Hospital
		a. Secondary clarifier for
			Sewage Disposal System		345,000
	08. Broughton Hospital
		a. Resurface roads		95,000
	09. Murdoch Center
		a. Boiler Insulation		85,000
	10. Reserve for Reroofing at
		Broughton, Dorothea Dix
		 and John Umstead Hospitals		250,000
	11. Reserve for Reroofing at
		Murdoch, O'Berry, and
		Western Carolina Centers		740,000
	12. Cumberland County
		Regional Detention
		Center— Fencing,
		Lighting		7,000
DEPARTMENT OF CRIME CONTROL AND
PUBLIC SAFETY (TOTAL)		332,250		130,000
	01. New Armory, Morganton 		425,000
		Less receipts - Local Funds 		53,125
		Less receipts - Federal
		Funds		318,750
		General Fund		53,125
	02. New Armory, Gastonia		559,000
		Less receipts - Local Funds		69,875
		Less receipts - Federal
		Funds		419,250
		General Fund		69,875
	03. New Armory, Reidsville/Eden				650,000
		Less receipts - Local Funds				81,250
		Less receipts - Federal
		Funds				487,500
		General Fund 				81,250
	04. New Armory, Edenton				390,000
		Less receipts - Local Funds				48,750
		Less receipts - Federal
		Funds				292,500
		General Fund				48,750
	05. Armory Additions, Ahoskie		60,000
		Less receipts - Federal Funds		45,000
		General Fund		15,000
	06. Armory Addition, Asheville		90,000
		Less receipts - Federal Funds		67,500
		General Fund		22,500
	07. New Armory, Raeford		559,000
		Less receipts - Local Funds		69,875
		Less receipts - Federal Funds		419,250
		General Fund		69,875
	08. New Armory, Albemarle		425,000
		Less receipts - Local Funds		53,125
		Less receipts - Federal Funds		318,750
		General Fund		53,125
	09. New Armory, Scotland Neck		390,000
		Less receipts - Local Funds		48,750
		Less receipts - Federal Funds		292,500
		General Fund		48,750
DEPARTMENT OF NATURAL AND ECONOMIC
RESOURCES (TOTAL)		5,420,000		2,750,000
	01. Division of Environmental
		Management 
		a. Reserve for Civil Works
		Projects 
			(01) Reserve for civil works		320,000		750,000
			(02) Reserve for Wanchese
			Harbor 		500,000		500,000
			(03) Watershed projects -
			Chicod Creek and Swift
			Creek		500,000		300,000
	02. Division of Parks and
		Recreation
		a. Reserve for Capital
		Improvements at State Parks and 
		Water-Based Recreation Areas		1,200,000		1,200,000
		b. Continuation of Phase I Development - 
		North Carolina Zoological Park		2,900,000
DEPARTMENT OF COMMERCE (TOTAL)		2,288,000		700,000
	01. State Ports Authority 
		a. Reserve for capital construction 		2,265,000		700,000
	02. Division of Economic
		Development 
		a. Reroof Science &
		Technology Building		23,000
GRAND TOTAL - GENERAL FUND
APPROPRIATION		$30,339,626		$31,980,000
—HIGHWAY FUND APPROPRIATIONS/SCHEDULE OF CAPITAL IMPROVEMENTS
Sec. 5.  There is hereby appropriated out of the Highway Fund the sum of one million six hundred twenty-five thousand six hundred dollars ($1,625,600) effective July 1, 1977, and one million one hundred thousand six hundred dollars ($1,100,600) effective July 1, 1978, for the use of the Departments of Transportation and Crime Control and Public Safety to provide for capital improvement projects according to the following schedule:
Capital Improvements - Highway Fund 	1977-78	1978-79
DEPARTMENT OF CRIME CONTROL
AND PUBLIC SAFETY (TOTAL)		$ 575,600		$ 300,600
	01. Division of Highway Patrol
		a. Renovation to support housing services at the
		Governor Morehead School
		Garner Road campus		435,600		300,600
		b. To move transmitters to
		Archdale Building		35,000
		c. Communications center for
		Troop G - Asheville		-105,000
DEPARTMENT OF TRANSPORTATION
(TOTAL)		1,050,000		800,000
	01. Division of Highways
		a. Reserve for Capital
		Improvement Projects		200,000		300,000
		b. Reserve for renovation at
		Marine Repair Facility		500,000		500,000
	02. General Administration
		a. Renovation of space to house
		a consolidated computer operation		350,000
GRAND TOTAL - HIGHWAY FUND 
APPROPRIATION		$ 1,625,600		$1,100,600
—FEDERAL REVENUE SHARING/CAPITAL APPROPRIATION
Sec. 5.5. To the end of providing maximum flexibility for the expenditure of appropriations consistent with federal regulations governing expenditure of general shared federal revenue, the items below, which are elements of 1977-79 Capital Improvement Appropriations to the indicated departments as enumerated in Section 4 of this act, are to be financed from the General Revenue Sharing Trust Fund of the State:
	Capital Improvements	1977-78	1978-79
Administration
	01. Completion of Capitol Restoration		55,000
	02. Completion of Mansion Restoration		100,000
	03. Old Health Building Renovation		122,000
	04. Elevators - Justice Building				100,000
	05. Land Acquisition - Government Center		100,000		150,000
	06. Land Acquisition - State Parks		500,000		500,000
	07. Access for Handicapped		120 000		_______
	Sub-Total	997,000	750,000
Agriculture
	01. Western Farmers Market		510,000
	02. Cherokee Farmers Market		200,000
	03. Farm Shop - Umstead		75,000
	04. Bulk Tobacco Barns		40,000
	05. Poultry Laying Houses		100,000
	06. Repairs to Dorton Arena		200,000		450,000
	07. Repairs to Farmers Market		225,000
	08. Handicraft Museum		25,000		_______
	Sub-Total	1,375,000	450,000
Board of Governors
	01. Renovations, Maintenance &
		Utility Projects, OSHA, &
		Architectural Barrier Removal		3,000,000
	02. Memorial Hospital - Utility &
		Site Improvements		720,000
	03. Reserve for Vet School		2,000,000
	04. East Carolina University - Bed
		Tower		3,820,000		
	Sub-Total 	9,540,000	-0-
Correction
	01. Central Prison Replacement, Phase I		850,000		16,150,000
	02. New Single Cell Construction		2,900,000		8,750,000
	Sub-Total	3,750,000	24,900,000
Cultural Resources
	01. Capital Reserve for Historic Sites		200,000		200,000
	Sub-Total	200,000	200,000
Crime Control & Public Safety
	01. Armories		332,250		130,000
	Sub-Total	332,250	130,000
Commerce
	01. Reserve for State Ports		2,265,000		700,000
	Sub-Total	2,265,000	700,000
Human Resources
	01. Code Deficiencies Reserve		1,000,000		1,000,000
	02. Reroofing, Mental Hospitals		250,000
	03. Reroofing, Mental Retardation Centers		740,000
	04. Road Repair, Broughton		95,000
	05. Sewage System, Butner		345,000
	06. Boiler Insulation, Murdoch		85,000
	07. McFarland Building Renovation-Cherry		495,000
	08. Heating Controls-N.C. School for
		Deaf		230,000
	09. Road Repair-Eastern School for Deaf		65,000
	10. Reroofing-Eastern North Carolina
		Hospital		28,000
	11. Road Repair-N. C. School for Deaf		100,000
	12. Reroofing-Governor Morehead		50,000
	13. Repair Gym Dressing Room-Governor
		Morehead		10,000
	14. Repipe Steam Lines-Governor Morehead		75,000		_______
	Sub-Total	3,568,000	1,000,000
Justice
	01. Renovation of Garner Road Facility		456,376		________
	Sub-Total	456,376	-0-
Natural Resources & Community Development
	01. State Parks Capital Reserve		1,200,000		1,200,000
	02. Reserve for Zoo		2,900,000		________
	Sub-Total	4,100,000	1,200,000
   GRAND TOTAL - REV. SHAR./CAPITAL		$26,583,626		$29,330,000
—ENCUMBERED APPROPRIATIONS AND PROJECT RESERVE FUND
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. 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 Governor and the Advisory Budget Commission any balances in the project reserve fund shall revert to the original source.
—UNC BOARD OF GOVERNORS AND OTHER LUMP SUM APPROPRIATIONS
Sec. 7. 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 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 Governor 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.
—GOVERNOR AND ABC/POSTPONEMENT OF PROJECTS
Sec. 8.  Upon the request of a department, institution, or agency for which a capital improvement appropriation is made in this act, the Governor 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. 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 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, grants, federal receipts other than patient receipts, special fund receipts, or, from within the funds appropriated in this act to that department, agency, or institution.
—GOVERNOR AND ADVISORY BUDGET COMMISSION /NEW PROJECTS
Sec. 10.  The Governor 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, grants, federal receipts other than patient receipts 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 ADVANCES/REIMBURSEMENT
Sec. 11.  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.
—COMMUNITY COLLEGES/MOVABLE EQUIPMENT
Sec. 12.  No construction contracts for capital improvements within the Department of Community Colleges shall be let until it has been clearly established that funds are available for related movable equipment.
—ADVANCE PLANNING RESERVE/DEPARTMENT OF ADMINISTRATION
Sec. 13.  There is appropriated in Section 4 of this act to the Department of Administration the sum of two hundred fifty thousand dollars ($250,000) in fiscal year 1977‑78 as a reserve for the advance planning of capital projects and the preparation of program cost estimates on high priority capital projects. This reserve may be used as requested by a department and as approved by the Governor and the Advisory Budget Commission.
Advance planning shall be generally limited to the schematic design phase and in no case shall advance design proceed beyond the design development phase.
This reserve shall not be utilized in connection with projects under the Board of Governors of The University of North Carolina or the Department of Community Colleges.
All amounts provided from the reserve shall be repaid to the reserve at such time as final design and construction monies become available.
Sec. 14.  (deleted)
—APPROPRIATIONS LIMITS/REVERSION OR LAPSE
Sec. 15.  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. 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 Governor and the Advisory Budget Commission when, in their discretion, existing circumstances and conditions warrant such extension.
—EFFECTIVE DATE
Sec. 16.  This act shall become effective July 1, 1977.
In the General Assembly read three times and ratified, this the 22nd day of June, 1977.

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