GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
S	1
SENATE BILL 955

 
 
Short Title:	Env. Remediation Not Capital Improvement.	()	
Sponsors:	Senator Odom.	
Referred to:	Agriculture/Environment/Natural Resources.	
April 5, 2001

A BILL TO BE ENTITLED
AN ACT to provide that environmental remediation and restoration activities are not state capital improvement projects.

The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 143‑135.27 reads as rewritten:
"§ 143‑135.27.  Definition of capital improvement project.
As used in this Article, 'State capital improvement project' means the construction of and any alteration, renovation, or addition to State buildings, as defined in G.S. 143‑336, for which State funds, as defined in G.S. 143‑1, are used and which is required by G.S. 143‑129 to be publicly advertised. 'State capital improvement project' does not include:
(1)	Remediation or cleanup of contaminated soil, surface water, or groundwater.
(2)	Mitigation or restoration of damage to natural resources, including a wetlands restoration or creation project that is intended to mitigate the impact of a State capital improvement project."
SECTION 2.  G.S. 143‑64.34 reads as rewritten:
"§ 143‑64.34.  (Effective until July 1, 2001) Exemption of certain projects.
(a)	State Capital Improvement Projects under the jurisdiction of the State Building Commission where the estimated expenditure of public money is less than one hundred thousand dollars ($100,000) are exempt from the provisions of this Article.
(b)	A capital improvement project of The University of North Carolina under G.S. 116‑31.11 where the estimated expenditure of public money is less than three hundred thousand dollars ($300,000) is exempt from this Article if:
(1)	The architectural, engineering, or surveying services to be rendered are under an open‑end design agreement;
(2)	The open‑end design agreement has been publicly announced; and
(3)	The open‑end design agreement complies with procedures adopted by the University and approved by the State Building Commission under G.S. 116‑31.11(a)(3).
(c)	A remediation, cleanup, mitigation, or restoration project that is not a State capital improvement project under G.S. 143‑135.27 is exempt from this Article."
SECTION 3.  G.S. 143‑336 reads as rewritten:
"§ 143‑336.  Definitions.
As used in this Article:
'Agency' includes every agency, institution, board, commission, bureau, council, department, division, officer, and employee of the State, but does not include counties, municipal corporations, political subdivisions, county and city boards of education, and other local public bodies.
'Community college buildings' means all buildings, utilities, and other property developments located at a community college, which is defined in G.S. 115D‑2(2).
'Department' means the Department of Administration, unless the context otherwise requires.
'Public buildings' means all buildings owned or maintained by the State in the City of Raleigh, but does not mean any building which a State agency other than the Department of Administration is required by law to care for and maintain.
'Public buildings and grounds' means all buildings and grounds owned or maintained by the State in the City of Raleigh, but does not mean any building or grounds which a State agency other than the Department of Administration is required by law to care for and maintain.
'Public grounds' means all grounds owned or maintained by the State in the City of Raleigh, but does not mean any grounds which a State agency other than the Department of Administration is required by law to care for and maintain.
'Secretary' means the Secretary of Administration, unless the context otherwise requires.
'State buildings' mean all State buildings, utilities, and other property developments except the State Legislative Building, railroads, highway structures, bridge structures, any buildings, utilities, or property owned or leased by the North Carolina Global TransPark and a remediation, cleanup, mitigation, or restoration project that is not a State capital improvement project under G.S. 143-135.27.
But under no circumstances shall this Article or any part thereof apply to the judicial or to the legislative branches of the State."
SECTION 4.  This act is effective when it becomes law.