NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 1006

HOUSE BILL 296

 

 

AN ACT TO AUTHORIZE STATE LOANS AND GRANTS TO CITIES, COUNTIES, AND PUBLIC AIRPORT AUTHORITIES FOR AIRPORT DEVELOPMENT AND MAINTENANCE AND DESIGNATING THE DEPARTMENT OF CONSERVATION AND DEVELOPMENT TO ADMINISTER SAID ACT.

 

WHEREAS, the economic growth of North Carolina depends to a great extent on the development throughout the State of modern airports and airport facilities, and

WHEREAS, the State now receives as revenue from sales and other taxes on airplanes, aircraft parts, aviation gasoline and other aviation fuels, approximately five hundred thousand dollars ($500,000.00) each fiscal year: Now, therefore,

 

The General Assembly of North Carolina do enact:

 

Section 1.  Subchapter 1 of Chapter 113 of the General Statutes is hereby amended by inserting therein a new article, to be designated "Article 1B, Aviation.", which shall read as follows:

"Article 1B.

"Aviation.

"Sec. 113-28.5.  Legislative Intent. It is the declared intention of the General Assembly to authorize, subject to the limitations and conditions of this article, the provision of State aid in the form of loans and grants to the cities, counties and public airport authorities of North Carolina for the purposes of planning, acquiring, constructing, or improving municipal, county or public authority airport facilities; and to authorize related programs of education, promotion and long-range planning of such facilities.

"Sec. 113-28.6.  Designation of Administering Agency. The Department of Conservation and Development, Commerce and Industry Division, is hereby designated as the State agency to carry out the purposes of this article subject to the general supervisory powers of the Director and the Board of Conservation and Development of the Department. In exercising such powers the Department shall:

"(1)      Prepare and develop standards, criteria, and policies for the most efficient and economical expenditure of such State funds as may be appropriated for purposes of this article; including consultation with the State Highway Commission, concerning road and runway construction.

"(2)      Publish and make available to aviation interests, the Federal Aviation Agency, and the people of the State generally current information regarding such criteria, standards, and policies.

"(3)      Prepare and keep current a State airport plan and submit annual revisions of that plan to the Federal Aviation Agency.

"(4)      Make detailed and thorough study of all applications for State assistance authorized herein and make specific recommendations regarding each such application to the Board of Conservation and Development and to the Federal Aviation Agency.

"(5)      Recommend annually, or more often if the Department deems necessary, a plan of priorities and allocations of State funds to the Board of Conservation and Development.

"(6)      Represent the State before all federal agencies and elsewhere where the aviation interests of the State may be affected.

"(7)      Subject to the availability of funds for the purpose, conduct such promotional, educational and other programs as may be necessary to keep the people of the State properly informed with respect to aviation, and to further aeronautics generally throughout the State.

"(8)      In exercising the foregoing powers, the Department of Conservation and Development shall consult with and seek the advice of the committee known as 'The Governor's Aviation Committee'. Such committee shall consist of 11 members appointed by the Governor, who in making such appointments, shall designate one person from each of the Congressional Districts of the State. The Governor shall designate the Chairman. Six members shall be appointed to serve for terms of four years each, and five members shall be appointed to serve for terms of two years each. Thereafter, upon the expiration of their respective terms, the successors of said members shall be appointed for terms of four years each. At least four of these members, so appointed, shall possess a broad knowledge of aviation and airport development. All members appointed to the committee shall serve for the duration of their respective terms and until their successors are appointed and qualified. Any vacancy occurring in the membership of said committee because of death, resignation, or otherwise shall be filled by the Governor for the unexpired term of such member. Members of the committee shall meet twice each year and shall receive as compensation for their services seven dollars ($7.00) for each day actually engaged in the exercise of the duties of the committee and such travel expenses and subsistence allowances as are generally allowed other State Commissions and Boards.

"Sec. 113-28.7.  Activities Eligible for State Aid. Loans and grants of State funds may be made for the planning, acquisition, construction, or improvement of any airport owned or controlled, or which will be owned and controlled, by any city, county or public airport authority acting by itself or jointly with any other city or county. An airport development project or activity eligible for State aid under this article shall also be deemed to include projects, such as air navigation facilities, aviation easements, and the acquisition of land, lighting, marking, or elimination of airport hazards.

"Sec. 113-28.8.  Limitations on State Financial Aid. Grants and loans of funds authorized by this article shall be subject to the following conditions and limitations:

"(1)      Loans and grants may be made for such projects, activities, or facilities as would be in general eligible for approval by the Federal Aviation Agency or its successor agency or agencies in administering the Federal Aid Airport Program and/or the National Airport Plan pursuant to the Federal Airport Act, Public Law 377, 79th Congress, approved May 13, 1946, as amended.

"(2)      Loans and grants shall be limited to municipal, county and public authority airports which are, or which would be if constructed according to plans approved by the Federal Aviation Agency, a general purpose non-carrier airport as defined by the Federal Aviation Agency.

"(3)      Loans and grants of State funds shall be limited to a maximum of twenty-five percent (25%) of the total cost of any project for which aid is requested, and shall be made only for the purpose of supplementing such other funds, public or private, as may be available from federal or local sources.

"(4)      All loans and grants of State funds made or authorized pursuant to this article shall be subject to the prior approval of the Board of Conservation and Development.

"Sec. 113-28.9.  Sources of State Funds. State financial assistance under this article shall be limited to appropriations of funds made for the purpose by the General Assembly to the Department of Conservation and Development, or to private funds which may become available to the Department for such purpose.

"Sec. 113-28.10.  Acceptance, Receipt, Accounting, and Expenditure of State and Federal Funds. All North Carolina municipalities, counties and public airport authorities are hereby authorized to accept, receive, receipt for, disburse and expend State funds, and other funds, public and private, which may be made available to them to accomplish any purpose of this Act. All federal funds accepted and expended by any municipality or county shall be accepted, accounted for, and expended according to such terms and conditions as may be prescribed by the United States and not inconsistent with State law. All State funds accepted by any municipality, county or public airport authority shall be accepted, accounted for, and expended according to such terms and conditions as may be prescribed by the State Department of Conservation and Development. Unless otherwise prescribed by the federal or State agency from which funds were made available, the chief financial officer of the municipality, county or public airport authority shall deposit all funds received and keep the same in separate funds according to the purpose for which they were received. The accounting of all such funds shall be subject to the municipal and county Fiscal Control Acts."

Sec. 2.  There is hereby appropriated out of the General Fund, to the Department of Conservation and Development, in addition to all other sums appropriated to said Department, for the purpose of carrying out the provisions of this Act, the sum of two hundred and fifty thousand dollars ($250,000.00) for the fiscal year beginning on July 1, 1967 and ending June 30, 1968.

Sec. 3.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 4.  This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 29th day of June, 1967.