GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2023
SESSION LAW 2023-11
HOUSE BILL 2
AN ACT TO MAKE TECHNICAL, CLARIFYING, AND OTHER MODIFICATIONS TO THE CURRENT OPERATIONS APPROPRIATIONS ACT OF 2022 AND TO OTHER LEGISLATION.
The General Assembly of North Carolina enacts:
part I. General provisions
FUNDING FOR UNC CANCER RESEARCH FUND
SECTION 1.1.(a) It is the intent of this section to ensure that the University Cancer Research Fund (the Fund), established pursuant to G.S. 116‑29.1, receives funding in the amount of fifty‑nine million five hundred thousand dollars ($59,500,000) for fiscal year 2022‑2023 and to decouple the Fund from sources of revenue that vary from year to year, which may result in inconsistency and uncertainty that harm cancer research efforts. To that end, the General Assembly intends to provide recurring funding for the Fund in the Current Operations Appropriations Act of 2023 and to further enact provisional funding for the 2022‑2023 fiscal year as follows:
(1) G.S. 105‑113.39D is repealed.
(2) There is appropriated from the General Fund to the Fund the sum of twenty‑six million two hundred seven thousand five hundred twenty‑three dollars ($26,207,523) in nonrecurring funds for the 2022‑2023 fiscal year for the purpose of cancer research under UNC Hospitals, the Lineberger Comprehensive Cancer Center, or both.
(3) The Department shall 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 shall take no steps to recover those funds.
SECTION 1.1.(b) Subsection (a) of this section is effective July 1, 2022, and applies retroactively to distributions for collections on or after that date. The remainder of this section is effective when it becomes law.
REDIRECT TROPICAL STORM FRED RECOVERY FUNDS
SECTION 1.2.(a) Notwithstanding any provision of law to the contrary, funds allocated to the Department of Agriculture and Consumer Services under Section 5.9A(c)(2) of S.L. 2021‑180 that are unencumbered and unexpended for those purposes may be used by the Department of Agriculture and Consumer Services as follows:
(1) The sum of three million two hundred thousand dollars ($3,200,000) for overtime and expenses related to suppression and rehabilitation actions associated with the Ferebee Road Fire in Hyde County, the Juniper Road Two Fire in Pender County, and wildfires in Robeson County.
(2) The sum of eight hundred thousand dollars ($800,000) for anticipated fires in the spring or summer of 2023.
SECTION 1.2.(b) The reversion and reporting requirements under Sections 5.9A(e) and (l) of S.L. 2021‑180 shall apply to this section.
SECTION 1.2.(c) This section is effective when it becomes law.
Extend the deadline for expenditure of funds AS ALLOCATED TO CUMBERLAND COUNTY FOR STREAM RESTORATION
SECTION 1.3.(a) Notwithstanding Section 5.9(b) of S.L. 2021‑180 and any other provision of law to the contrary, the nonrecurring funds appropriated in Section 5.9(a)(30)d. of S.L. 2021‑180 to the Department of Public Safety to provide a directed grant to Cumberland County to be used for stream restoration on the Methodist University campus in Fayetteville shall not revert to the Disaster Relief and Mitigation Fund until June 30, 2025.
SECTION 1.3.(b) This section is effective when it becomes law.
part II. education
CONTRACT WITH GOORU FOR PANDEMIC LEARNING LOSS
SECTION 2.1. Notwithstanding any provision of law to the contrary, the Department of Public Instruction shall use funds provided pursuant to Section 3.5(a)(10) of S.L. 2021‑25, as amended by S.L. 2021‑180, to contract with Gooru, Inc., for a period of up to three years for the software program Gooru Navigator, in response to the COVID‑19 pandemic, to evaluate and improve student learning and performance and to provide students with an individualized roadmap for improving learning and performance.
NATIONAL STUDENT CLEARINGHOUSE DATA
SECTION 2.2. Notwithstanding any provision of S.L. 2022‑74 or the Committee Report described in Section 43.2 of that act to the contrary, the one hundred sixty thousand dollars ($160,000) in recurring funds for the 2022‑2023 fiscal year appropriated to the Department of Public Instruction to enter into an agreement with the Belk Center for Community College Leadership and Research at North Carolina State University shall instead be used to purchase attainment data from the National Student Clearinghouse and share the data annually with eligible and appropriate sectors, partners, and individuals as requested and approved by the Department.
CARRYFORWARD FUNDS FOR CAREER ACADEMIES FOR AT‑RISK STUDENTS
SECTION 2.3.(a) Part VI of S.L. 2021‑180, as amended by Section 2.1 of S.L. 2021‑189, is amended by adding a new section to read:
"carryforward funds for career academies for at‑risk students
"SECTION 6.17. Notwithstanding any other provision of law or a provision of the Committee Report described in Section 43.2 of this act to the contrary, the five hundred eighty‑three thousand five hundred dollars ($583,500) in nonrecurring funds appropriated in this act for each year of the 2021‑2023 fiscal biennium to the Community Colleges System Office for Career Academies for At‑Risk Students shall not revert at the end of the 2021‑2023 fiscal biennium but shall remain available until expended."
SECTION 2.3.(b) This section becomes effective June 30, 2023.
REVISE MATCHING REQUIREMENTS FOR NATIONAL COLLEGE ADVISING CORPS PROGRAM
SECTION 2.4.(a) Subdivision (18) of Section 3.5(a) of S.L. 2021‑25, as enacted by Section 7.27(a) of S.L. 2021‑180 and amended by Section 7.8 of S.L. 2022‑74, reads as rewritten:
"(18) $7,042,000 to be
transferred to the Board of Governors of The University of North Carolina to be
allocated to the National College Advising
Corps, Inc., (CAC), a nonprofit organization, in response to the decrease in
underrepresented students matriculating at institutions of higher education
during the COVID‑19 pandemic. These funds shall be used to support
existing college advisers and the placement of new college advisers in North
Carolina public schools through CAC's program for the purpose of increasing the
number of underrepresented, low‑income, or first‑generation
postsecondary degree or certificate students entering and completing their
postsecondary education at community colleges and universities. In furthering
its mission, CAC operates an innovative model of partnering with schools,
communities, families, and postsecondary institutions, including providing for
a two‑year service opportunity to recent college graduates as near‑peer
college advisers working full‑time in the public schools, with an
emphasis on engaging college advisers who have similar backgrounds to the
students the program seeks to serve. CAC uses near‑peer college advisers
to perform various services for students, including (i) attending postsecondary
campus visits, fairs, and workshops with students, (ii) assisting with
registering for college entrance exams, (iii) assisting with Free Application
for Federal Student Aid (FAFSA) registrations and completions, (iv) identifying
available scholarships, (v) assisting with postsecondary applications, and (vi)
engaging with parents. Funds made available to CAC pursuant to this subdivision
shall be matched by CAC on the basis of two dollars ($2.00) one
dollar ($1.00) in non‑State funds, other than federal funds, for
every one dollar ($1.00) in federal funds. CAC shall use the funds provided to
it under this subdivision for the following purposes, in order of priority:
a. Supporting all existing college advisers and placing new college advisers in counties designated as tier one and tier two under G.S. 143B‑437.08.
b. Placing new college advisers in counties designated as tier three under G.S. 143B‑437.08.
CAC shall use its best efforts to ensure college advisers are located in every county in the State by the end of the 2023‑2024 academic year. CAC shall submit an initial interim report by October 1, 2022, a subsequent interim report by October 1, 2023, and a final report by October 1, 2024, to the Joint Legislative Education Oversight Committee and the Fiscal Research Division on the progress of expanding the placement of college advisers, data on the effectiveness of the program in increasing access for students to postsecondary education, and the use of the funds. CAC shall also include in its final report recommendations on (i) training of school counselors in the public schools based on the experiences of college advisers in the program and (ii) best practices from the program for school counselors on continued increased access for students to postsecondary attainment goals."
SECTION 2.4.(b) Section 7.8(b) of S.L. 2022‑74 reads as rewritten:
"SECTION 7.8.(b) This
section is effective July 1, 2022, or when it becomes law, whichever is
earlier.2021."
SECTION 2.4.(c) This section is effective July 1, 2021.
part ii‑A. The University of north carolina system
ENGINEERING NC'S FUTURE FUNDS REVERSION
SECTION 2A.1. Section 8.27 of S.L. 2021‑180 reads as rewritten:
"SECTION 8.27.(a)
Of the twenty million dollars ($20,000,000) in
nonrecurring funds appropriated in this act to the Board of Governors of The
University of North Carolina for the 2021‑2022 fiscal year and allocated
as follows, any unexpended funds remaining at the end of the 2021‑2022
2022‑2023 fiscal year shall not revert to the General Fund,
but shall remain available until the end of the 2022‑2023 fiscal year:to
be used for the purposes described in this act:
(1) Twelve million five hundred thousand dollars ($12,500,000) for the College of Engineering at North Carolina State University at Raleigh.
(2) Five million dollars ($5,000,000) for The William States Lee College of Engineering at the University of North Carolina at Charlotte.
(3) Two million five hundred thousand dollars ($2,500,000) for the College of Engineering at North Carolina Agricultural and Technical State University.
"SECTION 8.27.(b) Notwithstanding any provision of law or the Committee Report referenced in Section 43.2 of this act to the contrary, the funds allocated in this act to North Carolina State University, the University of North Carolina at Charlotte, and North Carolina Agricultural and Technical State University for the Engineering North Carolina's Future program for the 2022‑2023 fiscal year shall not revert to the General Fund, but shall remain available to be used for the purposes described in this act."
part III. health and human services
REDIRECT GRANT FUNDS FROM STANLY COUNTY SENIOR CENTER TO STANLY ADULT CARE CENTER, INC.
SECTION 3.1.(a) Notwithstanding any provision of S.L. 2022‑74, the Committee Report described in Section 43.2 of S.L. 2022‑74, or any other provision of law to the contrary, the funds appropriated from the Local Project Reserve to the Department of Health and Human Services, Division of Aging and Adult Services, in the sum of one million dollars ($1,000,000) in nonrecurring funds for the 2022‑2023 fiscal year to provide a directed grant to Stanly County to support the Stanly County Senior Center shall instead be used to support the Stanly Adult Care Center, Inc., a nonprofit corporation. As used in this section, "Local Project Reserve" means the reserve established by Section 2.2(l) of S.L. 2022‑74.
SECTION 3.1.(b) This section is effective when it becomes law.
TECHNICAL CORRECTION TO FACILITATE MOVEMENT OF NC HEALTH CHOICE BENEFICIARIES INTO THE MEDICAID PROGRAM UPON ELIMINATION OF THE NC HEALTH CHOICE PROGRAM
SECTION 3.2.(a) Section 9D.15(c) of S.L. 2022‑74 is repealed.
SECTION 3.2.(b) G.S. 108A‑54(e)(8)b. reads as rewritten:
"b. What program changes
will be made by the Department in order to stay within the existing budget for
the programs Medicaid program based on the next fiscal year's
forecasted enrollment growth and enrollment mix."
SECTION 3.2.(c) G.S. 108A‑54.3A reads as rewritten:
"§ 108A‑54.3A. Eligibility categories and income thresholds.
The Department shall provide Medicaid coverage for individuals in accordance with federal statutes and regulations and specifically shall provide coverage for the following populations:
…
(3) Children under through
the age of 6 18 with family incomes equal to or less than two
hundred ten percent (210%) eleven percent (211%) of the federal
poverty guidelines.
(4) Children aged 6 through 18 with family incomes
equal to or less than one hundred thirty‑three percent (133%) of the
federal poverty guidelines.
…."
SECTION 3.2.(d) G.S. 108A‑79(j1) reads as rewritten:
"(j1) In accordance with
42 C.F.R. § 431.224, a Medicaid or NC Health Choice applicant or
recipient may request that an appeal from the local appeal hearing decision
under subsection (g) of this section or an appeal of a case involving
disability be expedited if the time otherwise permitted for a hearing could
jeopardize the recipient's life, health, or ability to attain, maintain, or
regain maximum function. With regard to a request for an expedited appeal, all
of the following apply:
…."
SECTION 3.2.(e) G.S. 108D‑30 reads as rewritten:
"§ 108D‑30. Intent and Goals.
It is the intent of the General
Assembly to transform the State's current Medicaid programs program
in order to programs that provide budget predictability for the
taxpayers of this State while ensuring quality care to those in need. The new
Medicaid programs program shall be designed to achieve the following
goals:
…."
SECTION 3.2.(f) G.S. 150B‑1(d)(9) reads as rewritten:
"(9) The Department of
Health and Human Services in adopting new or amending existing medical coverage
policies for the State Medicaid and NC Health Choice programs program
pursuant to G.S. 108A‑54.2."
SECTION 3.2.(g) G.S. 150B‑1(d)(22) reads as rewritten:
"(22) The Department of
Health and Human Services with respect to the content of State Plans, State
Plan Amendments, and Waivers approved by the Centers for Medicare and Medicaid
Services (CMS) for the North Carolina Medicaid Program and the NC Health
Choice program.program."
(1) G.S. 58‑93‑5.
(2) G.S. 108A‑54.
(3) G.S. 108C‑11.
(4) G.S. 108D‑5.1.
(5) G.S. 108D‑65.
(6) G.S. 122C‑23.
(7) G.S. 150B‑21.1.
SECTION 3.2.(i) This section is 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 S.L. 2022‑74. In accordance with Section 9D.15(cc) of S.L. 2022‑74, the Secretary of the Department of Health and Human Services shall 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 approved for that elimination to take place.
EXTEND THE SUNSET ON THE USE OF FUNDS FOR THE SUBSTANCE USE NETWORK (SUN) PROJECT
SECTION 3.3.(b) This section is effective when it becomes law.
part IV. agriculture and natural and economic resources
WATER AND WASTEWATER INFRASTRUCTURE DIRECTED PROJECT AMENDMENT
SECTION 4.1. 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 by Section 12.9 of S.L. 2022‑74 shall, notwithstanding any provision of those acts to the contrary, be transferred to the Office of State Budget and Management to provide a directed grant in the same amount to Catawba County.
LINCOLN/GASTON WATER/SEWER
SECTION 4.2. Subdivision (46) of Section 12.9(e) of S.L. 2022‑74 reads as rewritten:
"(46) Eighteen million five
hundred fifty thousand dollars ($18,550,000) to Lincoln County to connect
water service between Lincoln County and Gaston County."
WATER/SEWER PROJECT TECHNICAL CORRECTIONS
SECTION 4.3.(a) Subdivision 12.9(e)(25) of S.L. 2022‑74 reads as rewritten:
"(25) One million dollars ($1,000,000) to Harnett Regional Water to construct water or sewer lines inside the Town of Erwin."
SECTION 4.3.(b) Subdivision 12.9(e)(86) of S.L. 2022‑74 reads as rewritten:
"(86) Eight million dollars
($8,000,000) to the Town of Walnut Cove to be allocated as follows:Cove.
a. Six million four hundred thousand dollars
($6,400,000) to replace a transmission main.
b. One million six hundred thousand dollars
($1,600,000) to replace asbestos lines."
Cleveland County Fair
SECTION 4.4. Notwithstanding any provision of S.L. 2021‑180 or the Committee Report described in Section 43.2 of that act to the contrary, the two hundred thousand dollars ($200,000) in nonrecurring funds for the 2021‑2022 fiscal year appropriated to the Department of Agriculture and Consumer Services to provide a directed grant to the Cleveland County Fair shall not revert to the General Fund until June 30, 2024.
guilford/rockingham county water/sewer funds
SECTION 4.5.(a) Section 14.20A of S.L. 2016‑94, as amended by Section 1 of S.L. 2017‑17, Section 2 of S.L. 2019‑75, and Section 12.8 of S.L. 2021‑180, reads as rewritten:
"ROCKINGHAM/GUILFORD COUNTY FUNDS EXTENSION
…
"SECTION 14.20A.(b)
Notwithstanding G.S. 143C‑6‑23(f1)(1) and G.S. 143C‑1‑2,
funds allocated by this section shall be held in reserve by the Office of State
Budget and Management and the allocations to each County shall be released when
the County and one or more of the municipalities specified in subsection (a) of
this section reach agreement on the funds allocated to that County by this
section through interlocal agreements or the formation of regional water and
sewer authorities or a combination of interlocal agreements and regional water
and sewer authorities. Funds not spent or encumbered by June 30, 2023, shall
be returned by the local governments or regional water and sewer authority to
the Office of State Budget and Management and revert to the General Fund.These
funds shall remain available until expended and shall not revert."
SECTION 4.5.(b) This section becomes effective June 30, 2023.
part V. Administrative office of the courts
COURT COORDINATOR FIX
SECTION 5.1.(a) Section 16.9 of S.L. 2022‑74 reads as rewritten:
"SECTION 16.9.(a) Of
the funds appropriated in this act to the Administrative Office of the Courts
to be used to hire court coordinator positions, 12 11 of the
positions hired for District Court Districts shall be allocated in accordance
with the following chart:
DISTRICT COUNTIES POSITIONS
2 Beaufort, Hyde, Martin,
Tyrrell, Washington 1
5 New Hanover, Pender 1
7 Edgecombe, Nash, Wilson 1
9 Franklin, Granville, Person,
Vance, Warren 1
11 Harnett, Johnston, Lee 1
14 Durham 1
16B Robeson 1
19D Hoke, Moore 1
21 Forsyth 1
25 Burke, Caldwell, Catawba 1
27B Cleveland, Lincoln 1
29A McDowell, Rutherford 1
"SECTION 16.9.(b) Of
the funds appropriated in this act to the Administrative Office of the Courts
to be used to hire court coordinator positions, six seven of the
positions hired for Superior Court Districts shall be allocated in accordance
with the following chart:
DISTRICT COUNTIES POSITIONS
3B Carteret, Craven, Pamlico 1
5 New Hanover, Pender 1
7A Nash 1
18 Guilford 1
19B Randolph 1
19D Hoke, Moore 1
27B Cleveland, Lincoln 1
…."
SECTION 5.1.(b) This section is effective when it becomes law.
EXTEND DEADLINE BY WHICH CERTAIN GRANT FUNDS MANAGED BY THE HUMAN TRAFFICKING COMMISSION (HTC) MUST BE DISTRIBUTED AND SPENT AND REMOVE CERTAIN CRITERIA REQUIRED OF ALL GRANT APPLICANTS TO BE ELIGIBLE FOR CERTAIN HTC GRANTS
SECTION 5.2.(a) Section 16.20A of S.L. 2021‑180 reads as rewritten:
"SECTION 16.20A.(a) Of the funds appropriated in this act from the State Fiscal Recovery Fund to the Human Trafficking Commission (Commission), the sum of three million two hundred sixty thousand dollars ($3,260,000) in nonrecurring funds for the 2021‑2022 fiscal year shall be used to award and administer grants to organizations that provide direct services to victims of human trafficking. The Commission shall develop the grant program and, in consultation with the North Carolina Council for Women and Youth Involvement, establish program guidelines. The following criteria shall apply to the grant program:
…
(3) The Commission shall allocate grant funds in
each fiscal year of the 2021‑2023 fiscal biennium.
…
"SECTION 16.20A.(c)
The Commission shall review each proposal submitted and, if it determines it
meets the requirements of subsection (b) of this section, shall enter into a
contract with the grantees to provide the human trafficking services. If the
Commission determines a proposal does not contain all of the information
required by subsection (b) of this section, the Commission shall notify the
grantee of the deficiency, which shall be corrected before any funds for the
2021‑2022 fiscal year are disbursed. Funds allocated for the 2021‑2022
fiscal year shall be disbursed to each grantee in a lump sum at
the discretion of the Human Trafficking Commission, based on a risk assessment
and approval of an organization's financial reports, and only after the
grantee has submitted a complete detailed proposal. Funds allocated for the
2022‑2023 fiscal year shall be disbursed by the Commission to the
grantees on a quarterly basis so long as the grantees have submitted the
detailed proposal required by subsection (b) of this section in the 2021‑2022
fiscal year. The Commission shall post on its website the detailed proposal
required by subsection (b) of this section and the report required by
subsection (d) of this section.
"SECTION 16.20A.(d) On or before March 1 and September 1 of 2022 and 2023, and every six months thereafter until funds are exhausted, each grantee shall submit a report to the Commission that includes all of the following:
…
"SECTION 16.20A.(e) On or before March 1 and September 1 of 2022 and 2023, and every six months thereafter until funds are exhausted, the Commission shall submit a report on the grant program established pursuant to this section to the Senate Appropriations Committee on Justice and Public Safety, the House of Representatives Appropriations Committee on Justice and Public Safety, the Joint Legislative Oversight Committee on Justice and Public Safety, and the Fiscal Research Division that contains all of the following:
…
"SECTION 16.20A.(f)
The Commission may use up to two hundred twenty thousand dollars ($220,000) of
the funds appropriated in this section to administer the grant programs for
victims of human trafficking described in this section and in Section 16.20B of
this act in the 2021‑2023 fiscal biennium.act."
SECTION 5.2.(b) Section 16.20B of S.L. 2021‑180 reads as rewritten:
"SECTION 16.20B.(a) Of
the funds appropriated in this act from the State Fiscal Recovery Fund to the
Administrative Office of the Courts, Human Trafficking Commission (Commission),
the sum of one million one hundred forty thousand dollars ($1,140,000) in
nonrecurring funds for the 2021‑2022 fiscal year shall be used to
develop, strengthen, or expand human trafficking victim service programs. These
funds shall be allocated each fiscal year of the 2021‑2023 fiscal
biennium as follows:
…
"SECTION 16.20B.(c)
The Commission shall review each proposal submitted and, if it determines it
meets the requirements of subsection (b) of this section, shall enter into a
contract with the grantees to provide the human trafficking services. If the
Commission determines a proposal does not contain all of the information
required by subsection (b) of this section, the Commission shall notify the
grantee of the deficiency, which shall be corrected before any funds for the
2021‑2022 fiscal year are disbursed. Funds allocated for the 2021‑2022
fiscal year shall be disbursed to each grantee in a lump sum at
the discretion of the Human Trafficking Commission, based on a risk assessment
and approval of an organization's financial reports, and only after the
grantee has submitted a complete detailed proposal. Funds allocated for the
2022‑2023 fiscal year shall be disbursed by the Commission to the
grantees on a quarterly basis so long as the grantees have submitted the
detailed proposal required by subsection (b) of this section in the 2021‑2022
fiscal year. The Commission shall post on its website the detailed proposal
required by subsection (b) of this section and the report required by
subsection (d) of this section. Grant recipients shall comply with all
reporting requirements in G.S. 143C‑6‑23 and the contract
between the recipient and the Commission.
"SECTION 16.20B.(d) On or before March 1 and September 1 of 2022 and 2023, and every six months thereafter until funds are exhausted, each grantee shall submit a report to the Commission that includes all of the following:
…
"SECTION 16.20B.(e) On or before March 1 and September 1 of 2022 and 2023, and every six months thereafter until funds are exhausted, the Commission shall submit a report on the grants awarded pursuant to subsection (a) of this section to the Senate and House Appropriations Committees on Justice and Public Safety, the Joint Legislative Oversight Committee on Justice and Public Safety, and the Fiscal Research Division that contains all of the following:
…."
SECTION 5.2.(c) Section 16.21 of S.L. 2021‑180 reads as rewritten:
"SECTION 16.21.(b) The following criteria shall apply to the grant program:
(1) Grant applicants shall satisfy all of the following:
…
c. Demonstrate an economic loss resulting from the
COVID‑19 pandemic.
…
(3) The amount of the grant shall not exceed the
organization's economic loss resulting from the COVID‑19 pandemic.
…
…
(4) No later than June 30, 2022, and every six months thereafter until funds are exhausted, each grantee shall submit a report to the Commission that includes all of the following:
…
…."
SECTION 5.2.(d) This section is effective when it becomes law.
part VI. Public safety
EXTEND DEADLINE FOR USE OF DIRECTED GRANT FUNDS PREVIOUSLY PROVIDED TO ROWAN COUNTY SHERIFF'S OFFICE
SECTION 6.1.(a) Notwithstanding Section 5.2(b) of S.L. 2021‑180, nonrecurring funds appropriated in S.L. 2021‑180 to the Department of Public Safety and provided to the Rowan County Sheriff's Office as a directed grant to be used for expenses incurred enforcing the law shall not revert until September 30, 2023.
SECTION 6.1.(b) Notwithstanding Section 5.2(c) of S.L. 2021‑180, the funds described in subsection (a) of this section shall continue to be subject to the requirements set forth in subdivisions (1) through (3) and (5) of Section 5.2(b) of S.L. 2021‑180 until September 30, 2023.
SECTION 6.1.(c) This section is effective when it becomes law.
part vii. general government
VARIOUS CORRECTIONS TO GENERAL GOVERNMENT APPROPRIATIONS FROM S.L. 2022‑74
SECTION 7.1. Notwithstanding any provision of S.L. 2022‑74, the Committee Report described in Section 43.2 of S.L. 2022‑74, or any other provision of law to the contrary, of the funds appropriated from the Local Project Reserve to the Office of State Budget and Management, Special Appropriations, in nonrecurring funds for the 2022‑2023 fiscal year, the following changes shall be made to the recipients:
(1) The sum of fifty thousand dollars ($50,000) to provide a directed grant to the Boys & Girls Club of Greater Onslow County shall instead be granted to Onslow County for the Boys & Girls Club of Southeastern North Carolina, Inc., a nonprofit corporation.
(2) The sum of one million one hundred fifty thousand dollars ($1,150,000) to provide a directed grant to Halton School shall instead be granted to Aspire Trade High School, a nonprofit corporation.
SECTION 7.2. Notwithstanding any provision of law to the contrary, for the 2022‑2023 fiscal year, the appropriation for the Department of Information Technology Internal Service Fund (CGIA) is reduced by the amount of six hundred eighty‑six thousand five hundred fifty‑seven dollars ($686,557) in recurring funds instead of six hundred eighty‑six thousand five hundred fifty‑seven dollars ($686,557) in nonrecurring funds.
part VIII. salaries and benefits
FIX SALARY OF DISTRICT ATTORNEY POSITION
SECTION 8.1.(a) Section 39.5(a1) of S.L. 2021‑180, as amended by Section 39.5(a) of S.L. 2022‑74, reads as rewritten:
"SECTION 39.5.(a1) Effective July 1, 2022, the annual salaries, payable monthly, for the following judicial branch officials for the 2022‑2023 fiscal year are as follows:
Judicial Branch Officials Annual Salary
Chief Justice, Supreme Court $172,278
Associate Justice, Supreme Court 167,807
Chief Judge, Court of Appeals 165,153
Judge, Court of Appeals 160,866
Judge, Senior Regular Resident Superior Court 156,525
Judge, Superior Court 152,188
Chief Judge, District Court 138,306
Judge, District Court 133,967
Chief Administrative Law Judge 135,115
District Attorney 147,142147,172
Assistant Administrative Officer of the Courts 141,724
Public Defender 147,172
Director of Indigent Defense Services 151,684."
SECTION 8.1.(b) This section is effective when it becomes law.
part IX. CAPITAL
CORRECTIONS RELATED TO VARIOUS GRANTS FROM THE STATE CAPITAL AND INFRASTRUCTURE FUND FROM THE 2021 AND 2022 BUDGETS
SECTION 9.1.(a) Subdivision (70) of Section 40.17(a) of S.L. 2021‑180, as enacted in Section 40.2(a) of S.L. 2022‑74, is repealed.
SECTION 9.1.(b) Subdivision (52) of Section 40.17(a) of S.L. 2021‑180, as enacted in Section 18.1 of S.L. 2022‑6, reads as rewritten:
"(52) The funds for Davidson‑Davie
Community College in the aggregate sum of sixteen million two hundred thousand
dollars ($16,200,000) for the 2021‑2022 fiscal year shall instead be
provided to Davidson‑Davie Community College to be used for the
construction of the Davidson‑Davie Community College Regional Training
and Distribution Center which will be used for emergency response and public
health.in the form of grants as follows:
a. Fifteen million two hundred thousand dollars ($15,200,000) for the 2021‑2022 fiscal year to be provided to Davidson‑Davie Community College for a new training center.
b. One million dollars ($1,000,000) for the 2021‑2022 fiscal year to be provided to Davidson County First Hope Ministries, a nonprofit corporation, to be used for capital improvements and equipment."
SECTION 9.2. Section 40.2 of S.L. 2022‑74 is amended by adding a new subsection to read:
"SECTION 40.2.(h) Notwithstanding any provision of law or the Committee Report referenced in Section 43.2 of this act to the contrary, the following grants and funds allocated from the State Capital and Infrastructure Fund are amended as follows:
(1) The funds for Bladen County in the sum of three million five hundred thousand dollars ($3,500,000) in nonrecurring funds for the 2022‑2023 fiscal year for capital improvements or equipment related to economic development shall instead 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 two hundred fifty thousand dollars ($250,000) in nonrecurring funds for the 2022‑2023 fiscal year shall 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 two hundred fifty thousand dollars ($250,000) in nonrecurring funds for the 2022‑2023 fiscal year shall 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 one million three hundred seventy‑four thousand dollars ($1,374,000) may also be used for capacity building and program outreach."
SECTION 9.3. Subdivision (65) of Section 40.17(a) of S.L. 2021‑180, as enacted by Section 40.2(a) of S.L. 2022‑74, reads as rewritten:
"(65) The funds for Ball's
Creek Camp Ground in the sum of three hundred thousand dollars ($300,000) for
the 2021‑2022 fiscal year shall instead be provided to Catawba County
Historical Association, Inc., Ball's Creek Campground History &
Learning Center, Inc., a nonprofit corporation, to be used for repairs and
renovations to Ball's Creek Camp Ground."
part X. Miscellaneous
CONFIDENTIALITY OF MEGASITE READINESS PROGRAM INFORMATION
SECTION 10.1. G.S. 132‑1.2 reads as rewritten:
"§ 132‑1.2. Confidential information.
Nothing in this Chapter shall be construed to require or authorize a public agency or its subdivision to disclose any information that:
…
(10) Reveals information gathered to develop the report required by Section 11.11(d)(1) of S.L. 2022‑74."
SECTION 10.2. This section is effective when it becomes law.
part XI. EFFECTIVE DATE
SECTION 11.1. Except as otherwise provided, this act is effective July 1, 2022.
In the General Assembly read three times and ratified this the 23rd day of March, 2023.
s/ Phil Berger
President Pro Tempore of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Roy Cooper
Governor
Approved 2:50 p.m. this 3rd day of April, 2023