NC INFRASTRUCTURE DEVELOPMENT ACT.

View NCGA Bill Details2013-2014 Session
Senate Bill 563 (Public) Filed Monday, April 1, 2013
A BILL TO BE ENTITLED AN ACT TO ESTABLISH THE NORTH CAROLINA INFRASTRUCTURE DEVELOPMENT AUTHORITY TO ENCOURAGE AND ENABLE PUBLIC-PRIVATE PARTNERSHIPS.
Intro. by Stein.

Status: Ref To Com On Rules and Operations of the Senate (Senate Action) (Apr 2 2013)

Bill History:

S 563

Bill Summaries:

  • Summary date: Apr 1 2013 - More information

    Adds new Part 30, "North Carolina Infrastructure Development Authority," to Article 9 of GS Chapter 143B.

    Cites legislative findings as to the need for public-private partnerships to fill the need for new and creative ways to finance, build, and maintain transportation and other infrastructure.

    Defines terms as they apply in this Part.

    Establishes the North Carolina Infrastructure Development Authority (Authority)as a public agency and declares that the exercise by the Authority of the powers conferredby Article 9 is the performance of an essential governmental function. Locates the Authority within the Department of Administration (Department)for administrative purposes but authorizes the Authority to exercise all of its powers independently of the Department except as otherwise specified un this Article.

    Provides for an 11-member Authority Board to govern the Authority with four appointments by the Governor, two members appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate, two members appointed by the General Assembly upon the recommendationof the Speaker of the House of Representatives, the Secretary of Transportation or a designee, the State Chief Information Officer or a designee, and the Chairman of the Public Utilities Commission or designee. Directs each appointing authority to appoint members who live in diverse regions of the state. Designates the Authority Board to select the Chair of the Authority. Provides additional criteria for term lengths, the filling of vacancies, the adoption of by-laws, and the removal of board members. Provides for per diem but no salaries for the appointed members of the Board. Makes the Board members subject to the State Government Ethics Act (GS Chapter 138A). Directs the Board to appoint a salaried Executive Director and provides for the ED to appoint, employ, dismiss, and fix compensation, within limitsset by the Board, for administrative employees.

    Declares that the purpose of the Authority is to foster the use of public-private partnerships to leverage public funds and provide for more rapid and efficient completion of projects for the use and benefit of the public. Specifies that the Authority is to assist other state agencies in developing a partnership that is in the best interest of the state and maximizes the benefits to the state's taxpayers and minimize costs. Provides that a purpose of the Authority is to undertake Authority Projects where specifically directed and funded through appropriations of the General Assembly. Offersas examples of Authority Projects transportation projects, public works projects, and information technology projects.

    Endows the Authority with all of the powers necessary to execute the provisions of new Part 30, specifying that among these powers are the powers of a corporate body, including the power to sue and be sued, to contract, to adopt and use a common seal, and to alter the adopted seal as needed. Delineates additional powers of the Authority.

    Authorizes the Authority to acquireby purchase, negotiation, gift, devise, or condemnation, public or private real property that it determines is necessary for any construction, expansion, enlargement, extension, improvement, or operation of an Authority Project. Requires the Authority to follow the procedure in Article 9 of GS Chapter 136 when exercising the power of eminent domain.

    Provides that property owned by the Authority is exempt from taxation under Article V, Section 2 of the state constitution and thatthe operations of the Authority are subject to the oversight of the State Auditor. Requires that revenues from Authority Projects authorized under this Article are to be used only for (1) Authority administration costs; (2) Authority Project development, right-of-way acquisition construction, operation, and maintenance; and (3) debt service on the Authority's revenue bonds or related purposes. Permits the Authority to use up to 100% of revenue from an Authority Project for debt service on the Authority's revenue bonds or a combination of debt service, operation, and maintenance expenses of the Authority Projects. Limits the Authority to using no more than 5% of total revenue from all Authority Projects for administrative costs.

    Declares theAuthority to be a municipality for the purposes of Article 5, the State and Local Government Revenue Bond Act, of GS Chapter 159. Provides for the sale of revenue bonds of the Authority issued under GS 136-89.189 and the State and Local Revenue Bond Act to be sold in accordance with Article 7 of GS Chapter 159.

    Provides that the Authority is to solicit competitive proposals for the construction of Authority Projects under the provisions of Article 8 of GS Chapter 143for the purposes of implementing new Article 30. Provides that contracts for professional engineering services and other kinds or professional or specialized services are to be solicited in accordance with procedures that the Board adopts. Provides guidelines regarding the use of alternative contracting methods.

    Requires the Authority created in this act to report on its activities tothe Joint Legislative Commission on Governmental Operations no later than January 15, 2015. Specifies that the report is to identify any barriers in existing statutes to the effective use of public-private partnerships and to recommend appropriate legislation to remove those barriers.


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