North Carolina § 143C-3-3 - Budget requests from State agencies in the executive branch.

§ 143C-3-3. Budget requests from State agencies in the executive branch.

General Provisions. - A State agency that is not in the legislative or judicial branch of government shall submit its budget requests for the upcoming fiscal period to the Director in accordance with the schedule prescribed by the Director. The Director shall give each State agency instructions to be used in estimating the funds required to provide necessary State government programs and capital improvements. The estimates shall be itemized in accordance with the accounting classifications adopted by the Controller and shall be approved and certified by the respective head or responsible officer of the agency submitting them. University of North Carolina System Request. - Notwithstanding the requirement in G.S. 116-11 that the Board of Governors prepare a unified budget request for all of the constituent institutions of The University of North Carolina, budget requests of the University shall be subject to all of the following: Repairs and renovations requests, capital fund requests, and information technology requests shall comply with subsections (c), (d), and (e) of this section. The University of North Carolina shall not make a capital funds request proposing to construct a new facility, expand the building area (square feet) of an existing facility, or rehabilitate an existing facility to accommodate new or expanded uses unless the University has completed advanced planning through schematic design of the project with funds other than General Fund appropriations. For purposes of this subdivision, "funds other than General Fund appropriations" includes funds carried forward from one fiscal year to another pursuant to G.S. 116-30.3 and G.S. 116-30.3B. Repairs and Renovations Funds Request. - In addition to any other information requested by the Director, any State agency proposing to repair or renovate an existing facility shall accompany that request with all of the following: A description of current deficiencies and proposed corrections with a review and evaluation of that proposal prepared by the Department of Administration. An estimate of project costs approved by the Department of Administration. A certification of project feasibility as described in G.S. 143-341, except that in the case of a project of The University of North Carolina for which advance planning has not been completed, the request may be submitted without this certification. An explanation of the method by which the repair or renovation is to be financed. Capital Funds Request. - In addition to any other information requested by the Director, any State agency proposing to (i) acquire real property, (ii) construct a new facility, (iii) expand the building area (sq. ft.) of an existing facility, or (iv) rehabilitate an existing facility to accommodate new or expanded uses shall accompany that request with all of the following: An estimate of its space needs and other physical requirements, together with a review and evaluation of that estimate prepared by the Department of Administration, except that in the case of a project of The University of North Carolina for which advance planning has not been completed, the estimate of space needs may be a preliminary estimate. An estimate of project costs and cash flow requirements approved by the Department of Administration. A certification of project feasibility as described in G.S. 143-341, except that in the case of a project of The University of North Carolina for which advance planning has not been completed, the request may be submitted without this certification. An explanation of the method by which the acquisition, construction, or rehabilitation is to be financed. An estimate of maintenance and operating costs, including personnel, for the project, covering the first five years of operation. An estimate of revenues, if any, to be derived from the project, covering the first five years of operation. Information Technology Request. - In addition to any other information requested by the State Chief Information Officer (State CIO), any State agency requesting significant State resources, as defined by the State CIO, for the purpose of acquiring, operating, or maintaining information technology shall accompany that request with all of the following: A statement of its needs for information technology and related resources, including expected improvements to programmatic or business operations, together with a review and evaluation of that statement prepared by the State Chief Information Officer. A statement setting forth the requirements for State resources, together with an evaluation of those requirements by the State Chief Information Officer that takes into consideration the State's current technology, the opportunities for technology sharing, the requirements of Article 15 of Chapter 143B of the General Statutes, and any other factors relevant to the analysis, and in cases of an acquisition, an explanation of the method by which the acquisition is to be financed. A statement by the State Chief Information Officer that sets forth viable alternatives, if any, for meeting the agency needs in an economical and efficient manner. A statement setting forth the requirements for State resources, together with an evaluation of those requirements, including expected improvements to programmatic or business operations by the Secretary that takes into consideration the State's current technology, the opportunities for technology sharing, the requirements of the General Statutes, and any other factors relevant to the analysis. In the case of an acquisition, an explanation of the method by which the acquisition is to be financed. Nothing in this subsection shall be construed to prohibit expenditures for planning for a project that has been authorized by an act of the General Assembly and funded with an allocation from the State Capital and Infrastructure Fund. This subsection does not apply to requests for State resources for railroad, highway, or bridge construction or renovation. This subsection shall not apply to requests submitted by the General Assembly or the Administrative Office of the Courts. History (2006-203, s. 3; 2007-117, s. 5(a); 2011-145, s. 30.12(a); 2013-360, s. 6.12(j); 2015-241, ss. 7A.4(cc), 31.9; 2015-268, s. 9.3; 2020-81, s. 4(e).) Editor's Note. - The statutory reference in subdivision (e)(2) was changed with approval of the Reviser of Statutes to conform to the recodification by Session Laws 2015-241. Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.6, is a severability clause. Session Laws 2017-57, s. 36.2(b), provides: "Notwithstanding G.S. 143C-3-3(b) , the University of North Carolina at Chapel Hill may use the funds appropriated to it in subsection (a) of this section to develop plans for the construction of a new business school building." Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium." Session Laws 2017-57, s. 39.6, is a severability clause. Session Laws 2018-5, s. 36.2(b), provides: "Notwithstanding G.S. 143C-3-3(b) , the University of North Carolina at Wilmington may use the funds appropriated to it in subsection (a) of this section for planning for a library." Subsection (a) of the act provides for an appropriation from the Project Reserve Account, established pursuant to G.S. 143C-8-10 for the 2017-2018 fiscal year. Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'" Session Laws 2018-5, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2018-2019 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2018-2019 fiscal year." Session Laws 2018-5, s. 39.7, is a severability clause. Effect of Amendments. - Session Laws 2007-117, s. 5(a), effective July 1, 2007, deleted "and cash flow requirements" following "project costs" in subdivision (c)(2). Session Laws 2011-145, s. 30.12(a), effective July 1, 2011, added the exceptions at the end of subdivisions (c)(3), (d)(1), and (d)(3). Session Laws 2013-360, s. 6.12(j), effective July 1, 2013, in subsection (b), substituted "the requirement in" for "subsections (c), (d), and (c) of this section, pursuant to," added "that" preceding "the Board" and "requests shall comply with subsections (c), (d), and (e) of this section," and deleted "shall" following "Board of Governors" and "including" following "North Carolina"; in subsection (e), added "or" following "General Assembly," and deleted "or The University of North Carolina" following "Courts" at the end. Session Laws 2015-241, s. 7A.4(cc), effective July 1, 2015, in subsection (e), rewrote the introductory language and subdivisions (e)(2) and (e)(3). Session Laws 2015-241, s. 31.9, effective July 1, 2015, rewrote subsection (b). Session Laws 2015-268, s. 9.3, effective October 1, 2015, added the last sentence of subdivision (b)(2). Session Laws 2020-81, s. 4(e), effective July 1, 2020, added the concluding paragraph of subsection (b).