North Carolina § 143C-8-1 - Legislative intent; purpose.

§ 143C-8-1. Legislative intent; purpose.

Legislative Intent. - The General Assembly recognizes the need to establish a comprehensive process for capital improvement planning and budgeting that is fully integrated with State financial planning and debt management. Capital Improvement Planning and Budgeting Process. - The capital improvement planning and budgeting process shall include the following elements: A database of facilities owned by State agencies, maintained pursuant to G.S. 143-341(4). Criteria used to evaluate capital improvement needs. A six-year capital improvement needs estimate. A six-year capital improvements plan. Recommendations for capital improvements set forth in the Recommended State Budget as specified in G.S. 143C-3-5. Office of State Budget and Management to Manage Planning Process. - The Office of State Budget and Management has responsibility for management of the capital improvement planning process. The Director of the Budget may assign to any State agency or institution such duties and responsibilities as may, in the Director's judgment, be necessary to the successful administration of the capital improvement planning process. History (1997-443, s. 34.9; 2000-140, s. 93.1(a); 2001-424, s. 12.2(b); 2006-203, s. 3; 2016-119, s. 2(c).) Reporting on Capital Projects. - Session Laws 2012-142, s. 26.5(a)-(c), provides: "(a) Definitions. - The following definitions apply in this section: "(1) Capital project. - Any capital improvement, as that term is defined in G.S. 143C-1-1 , that is not complete by the effective date of this section and that is funded in whole or in part with either State funds or statutorily or constitutionally authorized indebtedness of any kind. This term includes only projects with a total cost of one hundred thousand dollars ($100,000) or more. "(2) Construction phase. - The status of a particular capital project as described using the terms customarily employed in the design and construction industries. "(3) New capital project. - A capital project that is authorized in this act or subsequent to the effective date of this act. "(b) Reporting. - The following reports are required: "(1) By October 1, 2012, and every six months thereafter, each State agency shall report on the status of agency capital projects to the Joint Legislative Commission on Governmental Operations and to the Joint Legislative Oversight Committee on Capital Improvements. "(2) By October 1, 2012, and quarterly thereafter, each State agency shall report on the status of agency capital projects to the Fiscal Research Division of the General Assembly and to the Office of State Budget and Management. "(c) The reports required by this section shall include at least the following information about every agency capital project: "(1) The current construction phase of the project. "(2) The anticipated timeline from the current construction phase to project completion. "(3) Information about expenditures that have been made in connection with the project, regardless of source of the funds expended. "(4) Information about the adequacy of funding to complete the project, including estimates of how final expenditures will relate to initial estimates of expenditures, and whether or not scope reductions will be necessary in order to complete the project within its budget. "(5) For new capital projects only, an estimate of the operating costs for the project for the first five fiscal years of its operation." Editor's Note. - Session Laws 2012-142, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2012.'" Session Laws 2012-142, s. 27.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2012-2013 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2012-2013 fiscal year." Session Laws 2012-142, s. 27.7, is a severability clause. Session Laws 2015-241, s. 31.7, as amended by Session Laws 2017-206, s. 7(b), and as amended by Session Laws 2018-142, s 24(b), provides: "(a) Definitions. - The following definitions apply in this section: "(1) Capital project. - Any capital improvement, as that term is defined in G.S. 143C-1-1 , that is not complete by the effective date of this section and that is funded in whole or in part with State funds, including receipts, non-General Fund sources, or statutorily or constitutionally authorized indebtedness of any kind. This term includes only projects with a total cost of one hundred thousand dollars ($100,000) or more. "(2) Construction phase. - The status of a particular capital project as described using the terms customarily employed in the design and construction industries. "(3) New capital project. - A capital project that is authorized in this act or subsequent to the effective date of this act. "(b) Reporting. - The following reports are required: "(1) By October 1, 2015, and every six months thereafter, each State agency shall report on the status of agency capital projects to the Joint Legislative Commission on Governmental Operations. "(2) By October 1, 2015, and quarterly thereafter, each State agency shall report on the status of agency capital projects to the Fiscal Research Division of the General Assembly and to the Office of State Budget and Management. "(c) The reports required by subsection (b) of this section shall include at least the following information about every agency capital project: "(1) The current construction phase of the project. "(2) The anticipated time line from the current construction phase to project completion. "(3) Information about expenditures that have been made in connection with the project, regardless of source of the funds expended. "(4) Information about the adequacy of funding to complete the project, including estimates of how final expenditures will relate to initial estimates of expenditures, and whether or not scope reductions will be necessary in order to complete the project within its budget. "(5) For new capital projects only, an estimate of the operating costs for the project for the first five fiscal years of its operation. "(d) In addition to the other reports required by this section, on October 1, 2015, and every six months thereafter, the Office of State Construction shall report on the status of the Facilities Condition Assessment Program (FCAP) to the Joint Legislative Commission on Governmental Operations. The report shall include (i) summary information about the average length of time that passes between FCAP assessments for an average State building; (ii) detailed information about when the last FCAP assessment was for each State building complex; and (iii) detailed information about the condition and repairs and renovations needs of each State building complex. "(e) In addition to the other reports required by this section, on October 1, 2015, and quarterly thereafter, the State Construction Office shall report to the Joint Legislative Oversight Committee on Capital Improvements on the status of plan review, approval, and permitting for each State capital improvement project and community college capital improvement project over which the Office exercises plan review, approval, and permitting authority. Each report shall include (i) summary information about the workload of the Office during the previous quarter, including information about the average length of time spent by the State Construction Office on each major function it performs that is related to capital project approval, and (ii) detailed information about the amount of time spent engaged in those functions for each project that the State Construction Office worked on during the previous quarter." 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. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium." Session Laws 2015-241, s. 33.6, is a severability clause. Effect of Amendments. - Session Laws 2016-119, s. 2(c), effective July 28, 2016, rewrote subsection (1), which read "An inventory of facilities owned by State agencies."