AN ACT TO MAKE TECHNICAL, CLARIFYING, AND OTHER MODIFICATIONS TO THE CURRENT OPERATIONS APPROPRIATIONS ACT OF 2022 AND TO OTHER LEGISLATION. SL 2023-11. Enacted April 3, 2023. Effective July 1, 2022, except as otherwise provided.
Bill Summaries: H2 2022 BUDGET TECHNICAL CORRECTIONS. (NEW)
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Bill H 2 (2023-2024)Summary date: Apr 3 2023 - View SummaryCourts/Judiciary, Court System, Administrative Office of the Courts, Criminal Justice, Education, Elementary and Secondary Education, Higher Education, Environment, Environment/Natural Resources, Government, Budget/Appropriations, Public Records and Open Meetings, Public Safety and Emergency Management, State Agencies, Community Colleges System Office, UNC System, Department of Agriculture and Consumer Services, Department of Environmental Quality (formerly DENR), Department of Health and Human Services, Department of Public Instruction, Department of Public Safety, Office of State Budget and Management, Health and Human Services, Health, Health Care Facilities and Providers, Health Insurance, Mental Health, Social Services, Adult Services, Public Assistance, Public Enterprises and Utilities
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Bill H 2 (2023-2024)Summary date: Mar 14 2023 - View Summary
Senate committee substitute to the 1st edition adds the following provisions.
Part I.
States the NCGA’s intent to ensure that the University Cancer Research Fund (Fund) receives funding in the amount of $59.5 million for 2022-23 and to decouple the Fund from sources of revenue that vary from year to year. States the intent to provide recurring funding for the Fund in the Current Operations Appropriations Act of 2023 and to further enact provisional funding for 2022-23 follows: (1) repeals GS 105-113.39D (required that 6.4% of the tax on other tobacco products go to the University Cancer Research Fund); (2) appropriates from the General Fund to the Fund $26,207,523 for 2022-23 for cancer research under UNC Hospitals, the Lineberger Comprehensive Cancer Center, or both; and (3) the Department must treat any portion of other tobacco product tax collections, including transfers made to the Fund by the Department of Revenue from July 2022 through December 31, 2022, as properly dispersed and take no steps to recover those funds. Effective July 1, 2022, and applies retroactively to distributions for collections on or after that date.
Allows funds allocated to the Department of Agriculture and Consumer Services under Section 5.9A(c)(2) of SL 2021-180 ($50 million to the Department of Agriculture and Consumer Services for the Agricultural Crop Loss Program) that are unencumbered and unexpended for those purposes to be used as follows: (1) $3.2 million for overtime and expenses related to suppression and rehabilitation action associated with the Ferebee Road Fire in Hyde County, the Juniper Road Two Fire in Pender County, and wildfires in Robeson County and (2) $800,000 for anticipated fires in the spring or summer of 2023. Specifies that the reversion and reporting requirements under Sections 5.9A(e) and (l) of SL 2021-180 apply.
Specifies that the funds appropriated in Section 5.9(a)(30)d of SL 2021-180 to the Department of Public Safety for a directed grant to Cumberland County to be used for stream restoration on the Methodist University campus do not revert to the Disaster Relief and Mitigation Fund until June 30, 2025 (currently revert June 30, 2023).
Part II.
Requires the Department of Public Instruction (DPI) to use the $9 million appropriated by Section 3.5(a)(10) of SL 2021-25 (as amended by SL 2021-180) (contractor funds to track and improve student learning/performance as a result of the COVID-19 pandemic) to contract with Gooru Inc. Requires the contract to be for a period of up to three years for the software program Gooru Navigator to evaluate and improve student learning and performance and to provide students with an individualized roadmap for improving learning and performance in response to the COVID-19 pandemic.
Requires that $160,000 in recurring funds for 2022-23 that were appropriated to DPI for an agreement with the Belk Center for Community College Leadership and Research at NC State University be used instead to purchase attainment data from the National Student Clearinghouse and share the data annually with eligible and appropriate sectors, partners, and individuals.
Amends Part VI of SL 2021-180, as amended, by adding that the $583,500 appropriated for each year of the 2021-23 biennium to the Community Colleges System Office for Career Academies for At-Risk Students does not revert at the end of the 2021-23 biennium but remains available until expended. Effective June 30, 2023.
Amends Section 3.5(a) of SL 2021-25, as amended, by amending the match that is required of funds, so that funds made available to the National College Advising Corps (CAC) be matched by CAC on the basis of $1 (was, $2) for every $1 in federal funds. Amends the effective date of Section 7.8 of SL 2022-74 (which amended SL 2021-25 by revising the allocation of funds from the elementary and secondary school emergency relief fund for the national college advising corps) so that the changes are effective July 1, 2021 (was, the earlier of July 1, 2022, or when the act became law). Effective July 1, 2021.
Part II-A.
Amends Section 8.27 of SL 2021-180 to provide that unexpended funds from the $20 million appropriated to the UNC Board of Governors for the College of Engineering at NC State, the William States Lee College of Engineering at UNC-Charlotte, and the College of Engineering at NC A&T that remain at the end of the 2022-23 fiscal year do not revert, but remain available (was, unexpended funds remaining at the end of 2021-22 remain available until the end of the 2022-23 fiscal year). Adds that the funds allocated to those same universities for the Engineering North Carolina’s Future program for the 2022-23 fiscal year do not revert.
Part III.
Requires that the $1 million appropriated in SL 2022-74 from the Local Project Reserve to the Department of Health and Human Services, Division of Aging and Adult Services, for a directed grant to Stanly County for the Stanly County Senior Center, must be used instead to support the Stanly Adult Care Center, Inc.
Repeals Section 9D.15(c) of SL 2022-74, which amended GS 108A-54.3A by changing the populations that were required to be given Medicaid coverage by (1) including children through the age of 18 with family incomes equal to or less than 210% of the federal poverty guidelines and (2) no longer including children aged 6 through 18 with family incomes equal to 133% of the federal poverty guidelines. Instead, amends GS 108A-54.3A by changing the populations that are required to be given Medicaid coverage by (1) including children through the age of 18 with family incomes equal to or less than 211% of the federal poverty guidelines and (2) no longer including children aged 6 through 18 with family incomes equal to 133% of the federal poverty guidelines. Amends GS 108A-53 by amending the information that must be presented to the Joint Legislative Oversight Committee on Medicaid and NC Health Choice and the Office of State Budget and Management by January 1 of each year concerning the Medicaid and NC Health Choice programs to require including what program changes will be made in order to stay within the existing budget for the Medicaid program (was, programs) based on the next fiscal year’s forecasted enrollment growth and enrollment mix. Amends GS 108A-79(j1) to allow only a Medicaid applicant or recipient (was, Medicaid or NC Health Choice) to request that an appeal from the local appeal hearing decision or an appeal of a case involving disability be expedited in certain circumstances. Amends GS 108D-30 to refer to "Medicaid program" instead of "programs." Amends GS 150B-1(d) by no longer exempting the NC Health Choice program from rule making in (1) adopting new or amending existing medical coverage policies and (2) with respect to the content of State Plans, State Plan Amendments, and Waivers approved by CMS. Requires the Revisor of Statutes to substitute “Medicaid programs” with “Medicaid program” in GS 58-93-5, GS 108A-54, GS 108C-11, GS 108D-5.1, GS 108D-65, GS 122C-23, and GS 150B-21.1. Effective on the date that the NC Health Choice program is eliminated, as approved by the Centers for Medicare and Medicaid Services (CMS) in accordance with Section 9D.15(a) of SL 2022-74. In accordance with Section 9D.15(cc) of SL 2022-74, requires the Secretary of the Department of Health and Human Services to report to the Revisor of Statutes and the Fiscal Research Division when the elimination of the NC Health Choice program has been approved by CMS and the specific date is approved for that elimination to take place.
Specifies that the $1 million provided under the federal Substance Abuse Prevention and Treatment Block Grant in SL 2021-180 for the 2022-23 fiscal year for the Substance Use Network project remains available in the 2023-24 fiscal year.
Part IV.
Requires that funds reserved from the General Fund to the Clean Water and Drinking Water Reserve and transferred to the Department of Environmental Quality for the Water Infrastructure Fund and allocated to Catawba County for water and wastewater infrastructure projects in SL 2022-74 be transferred to the Office of State Budget and Management for a directed grant in the same amount to Catawba County.
Amends SL 2022-74, Section 12.9(e), by no longer specifying that the $18.55 million allocated to the Drinking Water Reserve and Wastewater Reserve for Lincoln County be used to connect water services between Lincoln and Gaston counties.
Amends SL 2022-74, Section 12.9, to require that the $1 million allocated to the Drinking Water Reserve and Wastewater Reserve for the Town of Erwin go instead to Harnett Regional Water to construct water or sewer lines inside the Town of Erwin. Also amends the $8 million to the Town of Walnut Cove to no longer require that it be used in specified amounts to replace a transmission main and to replace asbestos lines.
Specifies that the $200,000 for 2021-22 appropriated to the Department of Agriculture and Consumer Services for a directed grant to the Cleveland County Fair does not revert until June 30, 2024.
Amends Section 14.20A of SL 2016-94, as amended, concerning funding for water systems in Rockingham and Guilford Counties, to specify that the funds remain available until expended (was, funds not spent or encumbered by June 30, 2023, must be returned to the Office of State Budget and Management and revert to the General Fund). Effective June 30, 2023.
Part V.
Amends Section 16.9 of SL 2022-74 (pertaining to funds for court personnel) as follows. Changes the number of court coordinator positions hired for District Court districts allocated from 12 to 11, by eliminating the position allocated for District 7 (Edgecombe, Nash, and Wilson counties). Increases the number of court coordinators hired for Superior Court districts from 6 to 7, by adding a position for District 7A (Nash County).
Amends Sections 16.20A and 16.20B of SL 2021-180 (pertaining to funds for anti-trafficking grants) to eliminate the requirement that the Human Trafficking Commission (HTC) allocate grant funds in each fiscal year of the 2021-2023 fiscal biennium. Makes conforming changes. Amends both those sections to allow the HTC to distribute the funds to each grantee at its discretion, based on a risk assessment and approval of the organization’s financial reports, after the grantee has submitted a detailed proposal. (Currently, funds are to be distributed in a lump sum after grantee has submitted a detailed proposal.) Amends both sections so that after September 1, 2023, the reporting requirement continues for both grantees and the HTC for every six months until funds are exhausted. (Currently, reporting requirement for both ends on September 1, 2023.)
Amends Section 16.21 of SL 2021-180 (pertaining to grants to organizations providing services for victims of trafficking) as follows. Eliminates the requirement that the HTC allocate grant funds in each fiscal year of the 2021-2023 fiscal biennium. Eliminates the requirement that a grant applicant demonstrate an economic loss resulting from COVID-19 and the cap on the grant tying the award amount to that economic loss. Allows the HTC to award subsequent rounds of grants beyond the first round. (Currently, only allowed to award a second round of grants.) Extends the reporting requirement so that after September 1, 2023, the reporting requirement continues for both grantees to every six months until funds are exhausted. (Currently, reporting requirement for both ends on September 1, 2023.) Makes conforming changes.
Part VI.
Incorporate the provisions of the 1st edition.
Part VII.
Makes the following changes to the funds appropriated from the Local Project Reserve to the Office of State Budget and Management, Special Appropriations for the 2022-2023 fiscal year: (1) changes the grantee from the Boys & Girls of Greater Onslow County to Onslow County for the Boys & Girls Club of Southeastern North Carolina ($50,000 grant); (2) changes the grantee from Halton School to Aspire Trade High School ($1.5 million grant). Changes the type of funding reduction to the Department of Information Technology Internal Service Fund from a $686,557 nonrecurring reduction in funds to a $686,557 recurring reduction in funds.
Part VIII.
Amends Section 39.5(a1) of SL 2021-180, as amended, to increase the salary of the District Attorney for the 2022-2023 fiscal year from $147,142 to $147,172.
Part IX.
Repeals Subdivision (70) of Section 40.17(a) of SL 2021-180, as enacted in Section 40.2 of SL 2022-74 (pertaining to $14.2 million grant for Davidson-Davie Community College training center). Amends Subdivision (52) of that same law to divide out the $16.2 million originally made to Davidson-Davie Community College for the operation of its regional training and distribution center as follows: a grant of $15.2 million to the Davidson-Davie Community College for a new training center for the 2021-2022 fiscal year and a grant of $1 million to the Davidson County First Hope Ministries to be used for capital improvements and equipment.
Amends the following grants and funds allocated from the State Capital and Infrastructure Fund as follows: (1) the funds for Bladen County in the sum of $3.5 million in nonrecurring funds for the 2022-2023 fiscal year for capital improvements or equipment related to economic development are instead to be provided in the form of a grant to Bladen's Bloomin' Agri-Industrial, Inc., a nonprofit corporation, to be used for capital improvements or equipment related to economic development; (2) the funds for Foothills Conservancy of North Carolina in the sum of $250,000 in nonrecurring funds for the 2022-2023 fiscal year will instead be provided in the form of a grant to Oak Hill Ruritan Club, a nonprofit corporation, for planning and development of Oak Hill Community Park; (3) the funds for the Town of Boiling Springs in the sum of $250,000 in nonrecurring funds for the 2022-2023 fiscal year will instead be provided in the form of a grant to Boiling Springs Fire and Rescue, Inc., a nonprofit corporation, to be used for capital improvements or equipment in the fire department; (4) the funds to the Albemarle Commission in the sum of $1.374 million may also be used for capacity building and program outreach.
Amends Section 40.17(a)(65) of SL 2021-180 to change the recipient of the $300,000 in funds for the Ball’s County Creek Camp Ground from the Catawba Historical Society to the Ball’s Creek Campground and Learning Center.
Part X.
Amends GS 132-1.2 (pertaining to confidential information in public records) to make clear that public records does not require an agency to disclose information gathered to develop the report on the implementation of the North Carolina Rural Tourism Recovery Pilot Program as required by Section 11.11(d)(1) of SL 2022-74.
Part XI
Effective July 1, 2022.
Courts/Judiciary, Court System, Administrative Office of the Courts, Criminal Justice, Education, Elementary and Secondary Education, Higher Education, Environment, Environment/Natural Resources, Government, Budget/Appropriations, Public Records and Open Meetings, Public Safety and Emergency Management, State Agencies, Community Colleges System Office, UNC System, Department of Agriculture and Consumer Services, Department of Environmental Quality (formerly DENR), Department of Health and Human Services, Department of Public Instruction, Department of Public Safety, Office of State Budget and Management, Health and Human Services, Health, Health Care Facilities and Providers, Health Insurance, Mental Health, Social Services, Adult Services, Public Assistance, Public Enterprises and Utilities
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Bill H 2 (2023-2024)Summary date: Jan 25 2023 - View Summary
Requires that funds appropriated to the Department of Public Safety in SL 2021-180 (2021 Appropriations Act) that were provided as a directed grant to the Rowan County Sheriff's Office for expenses incurred enforcing the law not revert until September 30, 2023. Specifies that those funds are still subject to the requirements set forth in SL 2021-180, Section 5.2(b)(1)-(3) and (5) until September 30, 2023. Section 5.2(b)(1)-(3) and (5) provide as follows: (1) directed grants are subject to the provisions of GS 143C-6-23(b)-(k) (concerning administration, oversight and reporting requirements for state grant funds); (2) directed grants of $100,000 or less may be made in a single annual payment in the discretion of the Director of the Budget, grants of more than $100,000 must be made in quarterly or monthly payments in the discretion of the Director of the Budget and state agencies administering a directed grant must begin disbursement of funds to a non-State entity that meets all applicable requirements as soon as practicable, but no later than 100 days after the date SL 2021-180 became law; (3) beginning on the first day of a quarter following the deadline above and quarterly thereafter, State agencies administering directed grants must report the specified information to the specified NCGA Division on the status of funds disbursed for each directed grant until all funds are fully disbursed; and (4) Directed grants to nonprofit organizations are for nonsectarian, nonreligious purposes only.