AN ACT TO MODIFY THE CURRENT OPERATIONS AND CAPITAL IMPROVEMENTS APPROPRIATIONS ACT OF 2015 AND TO MAKE OTHER CHANGES IN THE BUDGET OPERATIONS OF THE STATE. Enacted July 14, 2016. Effective July 1, 2016, except as otherwise provided.
Bill Summaries: H 1030 2016 APPROPRIATIONS ACT.
Summary date: Jul 20 2016 - View SummaryAPPROP, STUDY, GS 7A, GS 7B, GS 14, GS 17C, GS 18C, GS 19A, GS 20, GS 66, GS 75A, GS 90, GS 105, GS 108A, GS 108C, GS 111, GS 113, GS 115C, GS 115D, GS 116, GS 116D, GS 116E, GS 120, GS 121, GS 124, GS 128, GS 130A, GS 131D, GS 131E, GS 135, GS 136, GS 142, GS 143, GS 143B, GS 143C, GS 146, GS 147, GS 148, GS 150B, GS 159G
Summary date: Jun 27 2016 - View Summary
Conference report makes numerous changes to the 6th edition. We will not be summarizing the conference report. You can view the conference report here: http://ncleg.net/Applications/BillLookUp/LoadBillDocument.aspx?SessionCode=2015&DocNum=8223&SeqNum=0
Summary date: Jun 2 2016 - View Summary
Senate amendments make the following changes to the 5th edition.
Amendment #3 makes a technical correction to the introductory language of the section.
Amendment #1 changes the title of new GS 116-143.10 to NC Promise Tuition Plan (previously, Reduced tuition at certain institutions).
Amends GS 116-143.10 as follows.
Amends subsection (a) to direct the UNC Board of Governors to set tuition rates, as specified, for the University of North Carolina at Pembroke and Western Carolina University (previously, for the constituent institutions listed in subsection (c): Elizabeth State University, Fayetteville State University, University of North Carolina at Pembroke, Winston-Salem State University, and Western Carolina University).
Deletes the previous language of subsections (b) and (c) of the 5th edition and replaces it with the following. Directs that, notwithstanding any other provision of law, beginning with the 2018-19 fiscal year, the Director of Budget is to authorize and increase in the base budget of UNC for a fiscal year as provided by subsection (b) of the statute upon notification by the Chancellor of the University of North Carolina at Pembroke or the Chancellor of Western Carolina that additional funds are needed by the constituent institution to cover the cost of tuition revenue loss for the fiscal year due to the tuition rate established in subsection (a) of the statute. Requires the Chancellor requesting the additional funds to provide any information requested by the Director of the Budget to document the amount of the tuition revenue loss due to the tuition rate and the need for additional funds required by the constituent institution. Requires the Director of the Budget to authorize an increase in the base budget of UNC for the appropriate fiscal year determined by the Director to be equal to the tuition revenue loss and allocate those funds to the constituent institution. Directs the Director to report the authorization of any increase in the base budget and allocation of funds made pursuant to subsection (b) to the Joint Legislative Commission on Governmental Operations at its next meeting. Keeps previous language of subsection (b) providing that any increase in the base budget authorized pursuant to subsection (b) is not to be included in the calculation of projected enrollment growth under GS 116-30.7, and establishing that the authorization provided in subsection (b) is effective only as long as tuition rates continue at the rate established by subsection (a) of the statute.
Amendment #1 amends Section 11.4(d1) of the act to make Section 11.4(d) of the act, providing for the evaluation of the admission cap on nonresident students entering the freshman class of a constituent institution, applicable to only the University of North Carolina at Pembroke and Western Carolina University (previously, applicable to Elizabeth State University, Fayetteville State University, University of North Carolina at Pembroke, Winston-Salem State University, and Western Carolina University).
Amendment #4 makes a technical correction to GS 143-215.73F(c)(4) to replace the statutory reference to GS 143-202.3 with GS 143B-131.8A.
Amendment #8 makes the following changes to Section 14.13.
Amends the findings in Section 14.13(a).
Makes a technical change to Section 14.13(b).
Amends Section 14.13(c) to direct that, of the funds appropriated in the act to the Clean Water Management Trust Fund, $500,000 for each of the fiscal years from 2016-17 through 2019-20 (previously, only provided for allocating $500,000 for the 2016-17 fiscal year) is allocated to the Chancellor of UNC-Chapel Hill to designate an entity to oversee a study and analysis of nutrient management strategies (including in situ strategies) and compilation of existing water quality data (previously, did not provide for the compilation of existing water quality data) specifically in the context of the State's nutrient-impaired water bodies. Establishes that, as part of the study, the entity must review data collected by the Department of Environmental Quality and by other stakeholders (previously, did not include data collected by other stakeholders) from water sampling in areas subject to one of the State Nutrient Management Strategies and compare trends in water quality to the implementation of the various elements of each of the State Nutrient Management Strategies. Changes the due date of the report to December 31, 2019 (was, 2018).
Amends Section 14.13(d), which requires the Environmental Review Commission to review and revise the State Nutrient Management Strategies, consisting of the specified regulations, by changing the date by which the Commission must adopt temporary rules based on its revisions to the State Nutrient Management Strategies to no later than December 31, 2020 (previously, was no later than December 31, 2019, and no earlier than October 1, 2019).
Amends Section 14.13(e) to provide that the existing rules specified in subsection (d) of Section 14.13, as well as any other rules and modifications in the Departments's December 31, 2016, report required by that subsection, are repealed on the earlier of the effective date of the temporary rules or December 31, 2020 (was, December 31, 2019).
Amends Section 14.13(g) to provide that the rules that are a part of the nutrient management strategy for the Jordan Lake watershed and the Falls Lake watershed but that have effective dates between the effective date of the act and December 31, 2020 (was, December 31, 2019), are not to take effect and are subject to the repeal set forth in subsection (e) of Section 14.13.
Amends Section 14.13(h) to provide that subsection (h) of Section 14.13, which limits the cost for nutrient offsets, expires on the earlier of the effective date of new temporary rules established under subsection (d) of Section 14.13 or December 31, 2020 (was, December 31, 2019).
Amendment #6 amends SL 2014-100 (Appropriations Act of 2014), Section 15.20(c), to require that, no later than June 30, 2016 (was, 2015), the Department of Commerce (was, the Department of Administration) must submit a final report on the results of the study on Broughton Hospital to the specified Chairs. Adds that the Department of Commerce is designated as the lead agency with respect to the study, as well as site control and disposition strategies, working closely with the Department of Health and Human Services, the Department of Administration, the City of Morganton, and the County of Burke.
Summary date: Jun 1 2016 - View Summary
Senate committee substitute, as amended, makes various changes to the 4th edition. We will not be including a summary of the Appropriations Act. For the content of the bill, please follow the View NCGA Bill Details link. Further information on the budget, including the committee report, can be found on the “News” section of the General Assembly’s website at: http://www.ncleg.net/gascripts/News/NewsArchive.pl.
Summary date: May 19 2016 - View Summary
House amendments makes the following changes to the 3rd edition.
Sec. 7.4 IT Reporting Changes
Amendment 23 deletes the provision that repealed: (1) GS Chapter 116E, Education Longitudinal Data System; (2) GS 105-259(b)(43), allowing disclosure of tax information in order to furnish requested workforce data to the North Carolina Longitudinal Data System; (3) GS 120-123(81), which prohibits members of the General Assembly from serving on the North Carolina Longitudinal Data System Board; (4) GS 143B-1321(a)(31), making it the Department of Information Technology's duty to support the operation of the Longitudinal Data Systems Board; and (5) GS 143B-1322(c)(21), making it the State CIO's duty to support the operation of the Longitudinal Data Systems Board.
Sec. 7.14 LRC Study
Amendment 23 (as amended by Amendment 26) requires the Legislative Research Commission to study options to replace the Longitudinal Data Systems Board, including examining five specified issues. Requires a report to the 2017 General Assembly upon its convening.
Sec. 8.12 Report for Schools for Students with Visual and Hearing Impairments/Foreign Exchange Students
Amendment 25 replaces the content of proposed GS 115C-150.15 (local superintendent to report deaf and blind children) with the following. Requires local superintendents to require that the specified request for written consent concerning the release of contact information and regarding the child and his or her impairment be presented to parents, guardians, or custodians of any hearing impaired or visually impaired children by October 1 of each school year. Requires local superintendents to report by November 30 of each year the names and addresses of parents, guardians, or custodians of any hearing impaired or visually impaired children who have given written consent to the directors of the Governor Morehead School for the Blind, the Eastern North Carolina School for the Deaf, and the North Carolina School for the Deaf. Specifies items that must be included in the report and requires that the report also be made to the Department of Public Instruction. Treats any information reported to the schools by a local superintendent as confidential, with an exception allowing a director or the director's designee to contact the parents, guardians, or custodians of any hearing impaired or visually impaired children whose information was included in the report. Also amends proposed GS 115C-150.14(b) to add that a school seeking to enroll foreign exchange students under the statute must submit a plan to the State Board of Education for approval before enrolling any of those students.
Sec. 12C.1 Child Welfare System Changes
Amendment 24 adds the requirement that the Division of Social Services, when implementing the requirements of the federal Program Improvement Plan (Plan), to collaborate with county departments of social services to develop a model of oversight that supports program outcome and a county's ability to meet performance standards as outlined in the Plan. Specifies that oversight may include support for continuous quality improvement, staff training, and data analysis. Requires the Division, during the first two years of implementing the Plan, to ensure the three new positions funded by the act are used to carry out the activities detailed in the plan. Requires the positions to be used in child welfare services to continually improve outcomes for children and families.
Sec. 38.3.(c) Reduce Taxation of Mill Machinery
Amendment 27 amends GS 105-164.13 by adding a new subdivision (5n) adding an additional exemption to the general exemption from sales and use tax for mill machinery and mill machinery parts or accessories. New subdivision (5n) exempts from sales and use tax sales of mill machinery and mill machinery parts or accessories (excluding electricity) to large manufacturing and distribution facilities. A large manufacturing and distribution facility is defined as a facility used primarily for manufacturing or assembling products and distributing products certified by the Secretary of Commerce as investing at least $80 million in the facility and employing at least 550 workers within five years and maintaining that level of employment throughout the facility’s operation. Failure to achieve the required level of investment or employment results in forfeiture of the tax exemption and liability for avoided past sales and use tax plus interest. Payment of the tax liability is due within 30 days after the date of forfeiture. In the event of forfeiture, privilege taxes already paid shall be credited against the sales and use tax owed. The credit expires for sales occurring on or after July 1, 2018.
House amendments make the following changes to the 3rd edition.
Sec. 3.1 Current Operations and Expansion/Highway Fund
Amendment 1 amends funding allocations in the Highway Fund by decreasing funding for aviation by $8.7 million and increasing funding for highway maintenance by $8.7 million.
Amendment 2 amends funding allocations in the Highway Fund by increasing funding for construction by $2.5 million and decreasing funding for highway maintenance by $2.5 million.
Sec. 5.3 Intent to Provide Funding for SBI Airplane
Amendment 1 adds a new Sec. 5.3 stating the intent of the General Assembly to provide funding for a state plane to be used by the SBI.
Sec. 8.13 Virtual Charter School Changes
Amendment 16 amends Sec. 8.13 revising the eligibility requirements for virtual charter schools by restoring the withdrawal rate criteria to that already established in Sec. 8.35(c)(4) of SL 2014-100.
Amendment 21 amends Sec. 8.13 (as amended by Amendment 16) specifying that a student will not be counted in measuring a virtual charter school’s withdrawal rate when the student (1) expressed intent to be enrolled for less than the full school year prior to enrolling; (2) is withdrawn from the school; (3) is no longer eligible to attend a North Carolina public school; (4) withdraws for a family, personal, or medical reason; or (5) withdraws within the first 30 days after enrollment.
Sec. 8.21 Pilot Program to Raise the High School Dropout Age from Sixteen to Eighteen
Amendment 11 amends Sec. 8.21 by deleting the five-year timeframe for the pilot program and authorizing the pilot program to continue for subsequent school years. Also makes conforming change to reporting deadlines.
Sec. 12A.8.(a) Revise List Of Initiatives/Competitive Grants/Nonprofit Organizations
Amendment 8 amends SL 2015-241 to decrease the 2016-17 appropriation to the Department of Health and Human Services, Division of Central Management and Support, from $10,653,911 to $5,315,118.
Sec. 12C.1 Child Welfare System Changes
Amendment 22 amends Sec. 12C.1 requiring the Division of Social Services to include in its statewide strategic plan for child protective services measures to ensure that Native American children are served in a culturally appropriate manner, including adoption and foster care placements.
Sec. 12C.4 Funding For Child Welfare Grant Program for State-Recognized Tribes
Amendment 22 adds new Sec. 12C.4 allocating $60,000 from the Child Welfare Program Improvement Plan Fund to the Division of Social Services to establish a grant program for State-recognized tribes to recruit foster parents, increase the number of foster homes for tribal children, and train county social services workers on culturally appropriate services for tribal children.
Sec. 12F.1.(c) Medication-Assisted Opioid Use Disorder Treatment Pilot Program
Amendment 3 clarifies that the priority for pilot program selection given to participating federally qualified health centers is for those that have received supplemental grant funds from the US Department of Health and Human Services, Health Resources and Services Administration, for opioid use disorders.
Sec. 12F.6 Improve Controlled Substances Reporting System Access and Utilization
Amendment 8 makes a technical change to citation of section to now read Sec. 12F.6(d).
Sec. 12H.13 Study Rates Paid to Federally Qualified Health Centers and Rural Health Clinics
Amendment 7 adds a new Sec. 12H.13 requiring the Department of Health and Human Services, Division of Medical Assistance, to study the Medicaid and NC Health Choice rates paid to federally qualified health centers and rural health clinics. Specifies items that must be included in the study. The Department’s report and findings must be submitted to the House and Senate Health and Human Services Appropriations subcommittees by March 1, 2017.
Sec. 12H.13 ACOS Participating in Medicare Programs
Amendment 9 adds new Sec. 12H.13, which amends Article 3 of GS Chapter 58 by adding a new GS 58-3-5.1, which exempts from insurance regulation any accountable care organization approved by the Centers for Medicare and Medicaid Services (CMS) to participate in Medicare programs. The exemption is limited to activities performed by an accountable care organization under its agreement with CMS for Medicare programs.
Sec. 12H.13 Evaluate Medicaid and NC Health Choice Behavioral Health Provider Classification
Amendment 19 adds a new Sec. 12H.13, requiring the Department of Health and Human Services Division of Medical Assistance to evaluate the classification of agencies providing behavioral health services as high categorical risk provider types and propose an evaluation tool to be used to classify the categorical risk of different categories of behavioral health agencies. Report must be submitted to the Joint Legislative Oversight Committee on Medicaid and NC Health Choice by December 1, 2016.
Sec. 15.4 Regional Food Commercialization Centers
Amendment 10 adds new Sec. 15.4, which decreases funding for state water and wastewater infrastructure grants by $250,000 and allocates this amount to the Department of Commerce for regional food commercialization centers.
Sec. 15.6 Extend Reporting Deadline for Broughton Hospital Study
Amendment 18 adds a new Sec. 15.6, amending SL 2014-100, by extending the final report deadline for the Broughton Hospital facility study to June 30, 2016, and designating the Department of Commerce as the lead agency for the study and site control and disposition strategies.
Part XVII-D. National Guard, Section 17 D.1
Amendment 13 adds new Sec. 17D.1, which decreases funding for National Guard armory and facility development programs by $69,000 and allocates this sum for planning of helipads at the Joint Forces headquarters in Raleigh.
Sec. 27.3 Connect NC Bond Administration
Amendment 15 adds new Sec. 27.3, requiring the Office of State Budget and Management to allocate funds from the Reserve Connect NC Bond Administration to support the North Carolina Community College System Office and State Construction Office in providing oversight and assistance for capital improvement projects funded from the Connect NC Bond.
Sec. 35.11A DOT/Moratorium On Restructuring And Outsourcing
Amendment 20 adds a new Sec. 35.11A imposing a moratorium on the Department of Transportation (DOT) eliminating filled positions or increasing outsourcing until February 1, 2017, when DOT must report on cost savings from position elimination and outsourcing to the Senate and House Appropriations Subcommittees on Transportation.
Sec. 35.17 Division of Aviation/Memorandum Of Understanding With The State Bureau Of Investigation
Amendment 1 deletes Sec. 35.17, which required the Division of Aviation to enter into a memorandum of understanding with the State Bureau of Investigation for use of a state plane.
Sec. 35.17A Reserve for General Maintenance & Secondary Road Maintenance and Improvement Fund
Amendment 1 adds new Sec. 35.17A, which increases by $4.35 million the funding for both the Reserve for General Maintenance Fund and the Secondary Road Maintenance and Improvement Fund.
Sec. 35.19(a) Restore Funding for Small Construction Projects
Amendment 2 adds new Sec. 35.19(a) amending SL 2015-241 to provide that $2.5 million in nonrecurring funding shall be allocated each fiscal year for small transportation construction projects. Requires the appropriations for 2016-17 to the Reserve for General Maintenance and the Secondary Road Maintenance and Improvement Fund each be reduced by $1.25 million.
Sec. 36.19A Delay Statewide Compensation System Project Implementation
Amendment 6 adds a new Sec. 38.19A, which delays implementation of the Statewide Compensation System Project until no earlier than February 1, 2017.
Sec. 37.7(d) Enhance Oversight Of Certain Capital Projects
Amendment 5 deletes proposed new GS 146-29.2(g), which would have required leases and rentals of state-owned property for communications towers and equipment be approved by the Governor and Council of State.
Sec. 39.6 Appropriations Limitations And Directions Apply
Amendment 8 makes technical changes.
House committee substitute makes various changes to the 2nd edition. We will not be including a summary of the Appropriations Act. For the content of the bill, please follow the View NCGA Bill Details link. Further information on the budget, including the committee report, can be found on the “News” section of the General Assembly’s website at:http://www.ncleg.net/gascripts/News/NewsArchive.pl(link is external).
Summary date: May 17 2016 - View Summary
House committee substitute makes various changes to the 1st edition. We will not be including a summary of the Appropriations Act. For the content of the bill, please follow the View NCGA Bill Details link. Further information on the budget, including the committee report, can be found on the “News” section of the General Assembly’s website at: http://www.ncleg.net/gascripts/News/NewsArchive.pl.
Summary date: May 3 2016 - View Summary