GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
S 4
SENATE BILL 187
Transportation Committee Substitute Adopted 4/6/11
House Committee
Substitute Favorable 6/27/12
Fourth Edition Engrossed 6/27/12
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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 (i) who is
no longer eligible to receive Medicaid reimbursable assistance andassistance,
(ii) for whom a community placement has not yet been arranged arranged,
and (iii) who cannot be safely and timely discharged into the
community, 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
Department may make the monthly payment from the thirty-nine million seven
hundred thousand dollars ($39,700,000) designated for implementation of the
State's plan under this subsection. 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 eight-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:
"FEDERAL GRANT MATCHING FUNDS
PART VII. EFFECTIVE DATE
SECTION 7.1. Except as otherwise provided, this act becomes effective July 1, 2012.