Executive summary 8 I. Introduction 26 II. State government capability 28
NORTH CAROLINA DEPARTMENT OF ADMINISTRATION
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- NC State Environmental Review Clearinghouse
- Office of State Property
- State Building Commission
- State Construction Office
- Executive Order 123, the “Uniform Floodplain Management Policy”
NORTH CAROLINA DEPARTMENT OF ADMINISTRATIONUnder Chapter 143-341 of the North Carolina General Statutes, the Department of Administration acts as the business manager for North Carolina State government. The Secretary of the Department is appointed by the Governor. The Department oversees government operations such as building construction, purchasing and contracting for goods and services, managing state vehicles, acquiring and disposing of real property, and facilities management for all State government buildings and grounds. The Department of Administration is also responsible for operating auxiliary services such as courier mail delivery, the sale of state and federal surplus property, and telecommunications services for state agencies. The Office of State Construction within the Department of Administration administers Executive Order 123, “Uniform Floodplain Management Policy,” and also provides staff to the State Building Commission (see discussion below). The State Clearinghouse administers the North Carolina Environmental Review Process (see discussion below). NC State Environmental Review ClearinghouseThe North Carolina Environmental Review Clearinghouse operates and manages the NC Environmental Review Process. The purpose of this process is to notify potentially affected state and local government agencies and the public of proposed activities in their jurisdiction and offer them the opportunity to review and comment on the adequacy of the environmental impact documents prepared for the proposals before final decisions are made. The State Clearinghouse provides the following services to carry out this process: 1) administers the state and local agency review and comment process for environmental review documents prepared pursuant to the National Environmental Policy Act (NEPA) and the State Environmental Policy Act (SEPA); and 2) publishes the North Carolina Environmental Bulletin, a bi-weekly summary of environmental documents being circulated for review and comment. The North Carolina General Assembly adopted into law the State Environmental Policy Act (SEPA) in 1971 (N.C.G.S. 113A, Article 1). The law requires state agencies to review and report the environmental effects of all activities that involve an action by a state agency, an expenditure of public monies or private use of public land, and that have a potential negative environmental effect upon natural resources (including floodplains and wetlands), public health and safety, natural beauty, or historical or cultural elements of the state. The Department of Administration has issued guidelines for the disclosure process. The Department of Environmental and Natural Resources (DENR) sets forth substantive guidelines and minimum criteria for environmental impact statements and assessments. As its title implies, the State Environmental Policy Act, like the National Environmental Policy Act (NEPA), is policy-oriented in nature. Both the State and federal laws set the course for government action, but lack the regulatory muscle of some other environmental legislation. They both require an assessment and public disclosure of any potential impacts that a proposed government action may have, but neither SEPA nor NEPA imposes any restrictions or limitations on the action. As the administrative body for SEPA, the State Clearinghouse is not a policy-setting or regulatory body, but merely serves as a conduit for the environmental review process. Nevertheless, it is an important agency in terms of notification and dissemination regarding the potential impact of major projects. An assessment of the adverse impacts related to natural hazards can be a useful and enlightening part of the review process. When individuals or institutions that will be affected by state action are notified of potential impacts that could endanger the public health and safety, further action to reduce those impacts can be taken. The Division of Emergency Management should carefully monitor the bi-weekly Environmental Bulletin published by the State Clearinghouse to identify projects with potential adverse impacts related to natural hazards. Office of State PropertyThe Division of State Property is the administering agency for the acquisition and disposition of all state owned land or any interest in land by deed, lease, easement, or allocation. It is responsible for administrating the allocation and reallocation of land, buildings, or space in buildings by and between agencies, institutions or departments of the State. It provides relocation assistance to persons displaced by state projects to insure that individuals do not suffer disproportionate injuries due to construction of public projects. The Office can also provide damage estimates for state-owned land and other properties following a disaster declaration. Acquisition of land that is subject to repeated or substantial hazard impacts is a major premise behind the State of North Carolina’s approach to mitigation. Moving people and structures out of harm’s way is one of the most effective and permanent solutions to the risks posed by natural hazards. The Office of State Property is the administering agency for all such acquisitions undertaken by the State. (Note that local government acquisition of hazardous lands does not involve action by the Office of State Property.) State Building CommissionThe State Building Commission is a statutory body, empowered by N.C.G.S. 143-135.25 to develop procedures to direct and guide the State’s capital facilities development and management program. The State Construction Office of the Department of Administration provides staff to the State Building Commission. The Commission consists of nine members, three each appointed by the Governor, the President Pro Tempore and the Speaker of the House. The duties of the Commission include establishing standard procedures for designer selection, coordination of plan review and approval, post occupancy evaluation, designer and contractor evaluation, and is responsible for studying and recommending ways to improve effectiveness and efficiency of the state’s capital facilities management program. State Construction OfficeOperating under N.C.G.S. 143-31.1, the Executive Budget Act and N.C.G.S. 143-341, the Department of Administration Act, the purpose of the State Construction Office is to provide professional architectural and engineering services and management leadership to state agencies. The Office carries out its responsibility by:
Major responsibilities, services, operations and programs carried out by the State Construction Office include: Budget and Appropriation: The State Construction Office prepared cost estimates for all proposed capital improvement projects. Project scope (size of facility and basic program requirements) is developed by the institution. Funding is normally provided on the basis of the State Construction cost estimate. Designer Selection: The State Construction Office oversees the designer selection process in accordance with procedures of the State Building Commission. The State Construction Office serves as staff to the Commission. Design Contracts: The State Construction Office negotiates the design fees, establishes the scope of work, design schedule and construction budget leading to the preparation and approval of all design contracts. Review and Approval: The State Construction Office reviews and approves plans and specifications for all capital projects (including Community College projects) at three stages of design. Purpose of the review process is to ensure compliance with the intent of the appropriation and that projects have been designed giving proper consideration to economy in first cost, in maintenance cost, and in materials and type of construction. Contract Award: The State Construction Office oversees the compliance of public bidding statutes. Construction Phase: The State Construction Office monitors the construction of capital projects, approves all change orders, resolves disputes and claims, and conducts final inspections of the completed projects. No work may be accepted by the State or by any State agency until it has been approved by the State Construction Office. Consulting Services: The State Construction Office provides technical assistance and design services to state agencies and institutions upon request. The State asbestos control program is administered by this Office. Facility Condition Assessment: The State Construction Office is responsible for assessment of all state-owned buildings over 3,000 square feet to identify deficiencies and prepare reports on those deficiencies and cost estimates for corrections. These reports become the basis for future repair and renovation requests. Executive Order 123, the “Uniform Floodplain Management Policy”The State Construction Office is responsible for administering Executive Order 123, the “Uniform Floodplain Management Policy” for State agencies. This responsibility is carried out jointly with the assistance of the North Carolina Department of Insurance and the State Coordinator of the National Flood Insurance Program (NFIP) within NCDEM. Executive Order 123 was promulgated by then Governor Hunt to provide for sound management of state-owned properties as they relate to potential flood hazards. EO 123 requires that the State Construction Office issue a Floodplain Development Permit for all development carried out by any state agency on any site with floodplain involvement. The EO sets forth standards for flood hazard reduction for all projects undertaken in areas of special flood hazard. Variances to the permit procedure may only be granted for historic structures and for wet floodproofing of non-residential structures. No variance may be granted for residential construction. The appeals board for the granting of variances consists of the Office of State Construction, the Department of Insurance, the State NFIP Coordinator, and the Secretary of the Department of Administration. With regards to highway construction within floodplains, Executive Order 123 states that the North Carolina Department of Transportation shall work directly with the Federal Department of Transportation and the Federal Emergency Management Agency to comply with the Floodplain Management Policy. The Uniform Floodplain Management Policy has potential to serve a major role in reducing vulnerability to flooding for all development carried out by State agencies. Nevertheless, some analysts have noted that the Policy is oftentimes given scant attention during the construction and review process. However, if the NC General Assembly were to elevate it from an Executive Order to the status of legislation, the Floodplain Management Policy could have more “teeth.” The State Construction Office would thereby be granted greater force to apply the Policy in the course of its routine duties. Furthermore, the Floodplain Management Policy as it is now written applies only to projects carried out directly by state agencies. If the permit requirements contained within the Policy were extended to cover all State action, including funding and other types of involvement in projects, the Floodplain Management Policy could be far more reaching in its application. Such an extension would firmly demonstrate the State of North Carolina’s commitment to protecting its citizens from the impacts of flood hazards. Until such time as legislation is enacted to strengthen the Floodplain Management Policy, at the very least the Policy needs to be updated and amended to reflect both the federal Disaster Mitigation Act of 2000 and the new Flood Insurance Rate Maps being produced by the State as part of the North Carolina Floodplain Mapping Program. The State NFIP Coordinator within NCDEM will work with the State Construction Office to carry out this mission in the coming year. 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