EXPEDITED STATE LEASING-BROADBAND.

View NCGA Bill Details2019-2020 Session
House Bill 1205 (Public) Filed Tuesday, May 26, 2020
AN ACT TO STREAMLINE THE PREPARATION AND FINALIZATION OF NEW LEASES AND LEASE RENEWALS ON STATE PROPERTY TO EXPEDITE DEPLOYMENT OF BROADBAND INFRASTRUCTURE.
Intro. by Arp, Saine.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Jun 23 2020)
H 1205

Bill Summaries:

  • Summary date: Jun 17 2020 - More information

    House committee substitute makes the following changes to the 1st edition.

    Modifies the proposed changes to GS 146-29.2(b1), concerning leases or interest in real property of the state for the purposes of the construction and placement of broadband infrastructure. Adds new provisions regarding determinations for dispositions made under the subsection. Now requires the Department of Administration (Department) to prepare and finalize a lease agreement within four months of receiving the lease application by the controlling agency (was, upon receipt of a new, initial request). Requires the controlling agency to coordinate with the Department in preparing a complete application package for the lease request. Requires the Department to enter into the lease pursuant to the terms of the application after four months have elapsed and the application has not been finalized.

    Eliminates the proposed changes to GS 116-31.12, concerning acquisition and disposition of real property of the UNC System by lease. 

    Appropriates from the General Fund to the Department $250,000 in recurring funds for the 2020-21 fiscal year to contract personnel to administer the communication lease review process. Allows the Department to use up to $90,000 to retain a licensed real estate appraiser who holds an MAI designation, and up to $160,000 to retain a licensed attorney who holds a current certification in real property law.

    Clarifies that the act applies to applications for new leases and lease renewals submitted on or after July 1, 2020, the effective date of the act.


  • Summary date: May 26 2020 - More information

    Amends GS 146-29.2(b1), concerning leases or interest in real property of the State for the purposes of the construction and placement of broadband infrastructure. Adds new provisions regarding determinations for dispositions made under the subsection. Requires the Department of Administration (Department) to prepare and finalize a lease agreement within four months of receiving a new, initial request. For renewals, requires the Department to prepare and finalize the lease agreement within two months of receiving the request, and if the Department fails to do so, provides for the current lease to continue until the lease is finalized. Requires the Department to coordinate with the Department of Information Technology to develop a streamlined lease development process. Requires all State agencies including the UNC System Office to cooperate with and participate in the streamlined lease development process.

    Makes conforming changes to GS 116-31.12.

    Appropriates from the General Fund to the Department $250,000 in recurring funds for the 2020-21 fiscal year to contract personnel to administer the communication lease review process. Allows the Department to use up to $90,000 to retain a licensed real estate appraiser who holds a MAI designation, and up to $160,000 to retain a licensed attorney who holds a current certification in real property law.

    Effective July 1, 2020, and expires on January 1, 2025.


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