Bill Summaries: S547 (2021)

Tracking:
  • Summary date: Apr 6 2021 - View summary

    Enacts new GS 153A-460 to allow a county, and GS 160A-499.5 to allow a city, to build facilities or equipment of a broadband service for the purpose of leasing the facilities or equipment to one or more lessees who are not a governmental unit. Allows the use property taxes, grants, or any other unrestricted funds in exercising this authority. Sets out four steps that must be taken before beginning construction, including conducting a feasibility study and adopting a resolution at a regular meeting after at least 10 days of notice.

    Amends GS 153A-149 and GS 160A-209 to allow property taxes to be levied to build facilities and equipment of a broadband service. Effective for taxes imposed for taxable years beginning on or after July 1, 2021.

    Amends GS 159-81 to allow facilities or equipment of a broadband service for the purpose of leasing the facility or equipment to be a revenue bond project.

    Amends GS 160A-272 to require when a city council considers a resolution at a regular meeting to rent or lease property, that the public notice be given by publication in a newspaper having general circulation in the city or by electronic means or both. Allows the council to approve a lease without treating it as a sale of property when it is for the operation and use of any facilities and equipment of a broadband service (was, operation and use of components of wired or wireless network); maintains the cap on the lease at a term of up to 25 years and makes conforming deletions. Sets out requirements for a lease by a city for facilities and equipment of a broadband service pertaining to the solicitation of proposals. Allows proposals to be rejected for any reason in the city's best interest and requires the governing body to publicly disclose the reason for the rejection. Specifies that for the lease of part of a city-owned public enterprise to be operated and used as facilities or equipment of a broadband service, a city is not required to submit the question of whether the lease should be undertaken to its voters. Sets out requirements for determining the term of a proposed lease. Effective July 1, 2021.

    Amends GS 160A-340.2 to exclude from Article 16A, Provision of Communications Service by Cities, of GS Chapter 160A, facilities or equipment of a broadband service built by a city for the purpose of leasing the facility or equipment.

    Amends GS 143-128.1C, concerning public-private partnership construction contracts, by adding that for this statute, the term public-private project includes a capital improvement project that includes construction of facilities or equipment of a broadband service in conjunction with, or part of, another construction project undertaken by the city or county.

    Effective July 1, 2021. 


  • Summary date: Apr 5 2021 - View summary

    To be summarized.