State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-546_2

§ 115C‑546.2. Allocations from the Fund; uses; expenditures; reversion to General Fund;matching requirements.

(a)        Of the moniescredited to the Fund by the Secretary of Revenue pursuant to G.S. 115C‑546.1(b),the State Board of Education may allocate up to one million dollars($1,000,000) each year to the Department of Public Instruction. These fundsshall be used by the Plant Operation Section of the School Support Division toassist each local school administrative unit with effective energy and environmentalmanagement, effective water management, hazardous material management, cleanair quality, and engineering support for safe, effective environmentalpractices. The remainder of the monies in the Fund shall be allocated to thecounties on a per average daily membership basis according to the average dailymembership for the budget year as determined and certified by the State Boardof Education. Interest earned on funds allocated to each county shall beallocated to that county.

The Department of PublicInstruction shall report to the Joint Legislative Education Oversight Committeeby April 15 of each year on the effectiveness of the program in accomplishingits purpose and on any other information requested by the Committee.

(b)        Counties shall usemonies in the Fund for capital outlay projects including the planning,construction, reconstruction, enlargement, improvement, repair, or renovationof public school buildings and for the purchase of land for public schoolbuildings; for equipment to implement a local school technology plan that isapproved pursuant to G.S. 115C‑102.6C; or for both. Monies used toimplement a local school technology plan shall be transferred to the StateSchool Technology Fund and allocated by that Fund to the local school administrativeunit for equipment.

As used in this section,"public school buildings" only includes facilities for individualschools that are used for instructional and related purposes and does notinclude centralized administration, maintenance, or other facilities.

In the event a county findsthat it does not need all or part of the funds allocated to it for capitaloutlay projects including the planning, construction, reconstruction,enlargement, improvement, repair, or renovation of public school buildings, forthe purchase of land for public school buildings, or for equipment to implementa local school technology plan, the unneeded funds allocated to that county maybe used to retire any indebtedness incurred by the county for public schoolfacilities.

In the event a county findsthat its public school building needs and its school technology needs can bemet in a more timely fashion through the allocation of financial resourcespreviously allocated for purposes other than school building needs or school technologyneeds and not restricted for use in meeting public school building needs orschool technology needs, the county commissioners may, with the concurrence ofthe affected local Board of Education, use those financial resources to meetschool building needs and school technology needs and may allocate the funds itreceives under this Article for purposes other than school building needs orschool technology needs to the extent that financial resources were redirectedfrom such purposes. The concurrence described herein shall be secured inadvance of the allocation of the previously unrestricted financial resourcesand shall be on a form prescribed by the Local Government Commission.

(c)        Monies in the Fundallocated for capital projects shall be matched on the basis of one dollar oflocal funds for every three dollars of State funds. Monies in the Fundtransferred to the State Technology Fund do not require a local match.

Revenue received from localsales and use taxes that is restricted for public school capital outlaypurposes pursuant to G.S. 105‑502 or G.S. 105‑487 may be used tomeet the local matching requirement. Funds expended by a county after July 1,1986, for land acquisition, engineering fees, architectural fees, or otherdirectly related costs for a public school building capital project that wasnot completed prior to July 1, 1987, may be used to meet the local matchrequirement.

(d)        Monies transferredinto the Fund in accordance with Chapter 18C of the General Statutes shall beallocated for capital projects for school construction projects as follows:

(1)        A sum equal to sixty‑fivepercent (65%) of those monies transferred in accordance with G.S. 18C‑164shall be allocated on a per average daily membership basis according to theaverage daily membership for the budget year as determined and certified by theState Board of Education.

(2)        A sum equal tothirty‑five percent (35%) of those monies transferred in accordance withG.S. 18C‑164 shall be allocated to those local school administrative unitslocated in whole or part in counties in which the effective county tax rate asa percentage of the State average effective tax rate is greater than onehundred percent (100%), with the following definitions applying to thissubdivision:

a.         "Effective countytax rate" means the actual county rate for the previous fiscal year,including any countywide supplemental taxes levied for the benefit of publicschools, multiplied by a three‑year weighted average of the most recentannual sales assessment ratio studies.

b.         "State averageeffective tax rate" means the average effective county tax rates for allcounties.

c.         "Salesassessment ratio studies" means sales assessment ratio studies performedby the Department of Revenue under G.S. 105‑289(h).

(3)        No county shall haveto provide matching funds required under subsection (c) of this section.

(4)        A county may usemonies in this Fund to pay for school construction projects in local schooladministrative units and to retire indebtedness incurred for school constructionprojects incurred on or after January 1, 2003.

(5)        A county may not usemonies in this Fund to pay for school technology needs.  (1987, c. 622, s. 12; c.813, ss. 18.1, 19.1, 21; 1991 (Reg. Sess., 1992), c. 1030, s. 30; 1997‑221,s. 27; 2005‑276, s. 31.1(hh); 2005‑344, s. 15.2; 2006‑66, s.7.15; 2006‑259, s. 8(i); 2008‑107, s. 7.18(a), (b).)