House committee substitute to the 1st edition makes the following changes.
Section 1.
No longer adds the provisions comprising the State Infrastructure Bank Board as comprising Part 23 of Article 10 of GS Chapter 143B. Instead, enacts those provisions as part of Article 6 to GS Chapter 147. Makes conforming changes to the statutory citations.
Changes the administrative location of the State Infrastructure Bank Board (Board) from the Department of Commerce to the Department of the Treasurer (Treasurer) in GS 147-86.5 (was, GS 143B-472.130). Makes technical changes. Defines other infrastructure projects as those that are publicly owned or undertaken through a public-private partnership and that are essential to the health, safety, and economic vitality of the State. Caps loan terms at 30 years in duration unless otherwise approved by a unanimous vote of the Board. Specifies that interest rates cannot be less than 50% of the market AAA municipal bond rate at the time of loan approval, except if federal law requires otherwise or if the Board finds, by a supermajority vote, that a lower rate is necessary to achieve a compelling public interest. Authorizes the Board to (1) provide loans or other financial assistance at interest rates below prevailing market rates (including 0%) if doing so would meet three listed requirements; (2) structure financial assistance packages that combine public and private funds to leverage private investment, including by any of the four listed methods; (3) solicit and receive private capital contributions, co-investments, or subordinated capital for projects meeting State infrastructure objectives so long as the participation meets the three listed requirements, including having safeguards to ensure accountability, transparency, and public benefit; and (4) provide loans to the described local government joint, regional or other entities to undertake infrastructure projects that serve multiple governmental by engaging in any or all of the six listed acts.
Authorizes a council of governments to receive assistance from the State Infrastructure Bank (Bank) if: (1) it is acting as the administrative agent for a joint infrastructure project involving two or more governmental units and (2) it is acting pursuant to an interlocal agreement or joint agency agreement that provides for repayment from pledged revenues or guarantees repayment by the participating governmental units. Proivdes that State (was, Federal) funds for funds credited to the infrastructure banking accounts do not revert. Authorizes the Bank to be capitalized through appropriations from the General Assembly, federal grants, and contributions from private entities. Allows the Board to issue revenue bonds secured by the Bank, subject to approval by the Local Government Commission (LGC) and the Treasurer. Requires the Board to annually propose a standing appropriation to ensure continued capitalization of the Bank to the NCGA. Removes instruction to Board to refrain from modifying the formula for the distribution of funds established by GS 136-189.11. Instead, now provides that nothing in GS 147-86.5 affects the transportation investment strategy formula established under GS 136-189.11. Prevents any funds administered under GS Chapter 159G, including the Clean Water State Revolving Fund and the Drinking Water State Revolving Fund, from being deposited in, transferred to, or otherwise used to capitalize the Bank. Instructs the Board to ensure that those funds remain segregated and administered solely for the purposes set forth in GS Chapter 159G.
Increases the Board’s membership under GS 147-86.6 (was, GS 143B-472.131) from six to ten members, with the new members being appointees by the Governor (2 appointees), the Speaker of the House of Representatives (1 appointee), and the President Pro Tempore of the Senate (1 appointee) with at least ten years of the described experience. Specifies that appointed members will serve four-year terms. Makes technical and conforming changes. Requires the Board to establish a Stakeholder Advisory Committee (Committee) to provide input on infrastructure priorities, financing strategies, and private sector participation, including the two described duties. Requires the Committee to include representatives from the three listed stakeholders along with any other stakeholders as determined by a supermajority of the Board. Directs the Board to convene a joint public meeting with the Committee at least annually and responds to any formal recommendations of the Committee within 60 days of receipt. Increases the specified NCGA committees who should receive the Board’s annual report to four (was, one). Now requires the Board to also submit the report to the Fiscal Research Division with the specified private investment metrics and to list of all loan applications received, loans awarded, and the terms thereof on its website or the Treasurer’s website if it does not have a website. Requires the Board to contract with the described entities to perform a financial and performance audit of the Bank, to be made available to the public. Requires Board members to disclose any potential conflicts of interest and recuse themselves from deliberations and voting on matters if any conflict exists.
Section 4.
Makes technical and conforming changes to new GS 147-69.2(25).
Section 5.
Requires the Bank to submit an initial report to the specified NCGA committee by February 1, 2026, in addition to the report due to all of the specified NCGA committees on July 1, 2026.
Makes conforming organizational changes to the act to account for new Section 5.
STATE INFRASTRUCTURE BANK BOARD.
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View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT TO ESTABLISH A STATE INFRASTRUCTURE BANK BOARD.Intro. by Reives, Bell, Howard, Ross.
Bill History:
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Thu, 10 Apr 2025 House: Filed(link is external)
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Mon, 14 Apr 2025 House: Passed 1st Reading(link is external)
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Tue, 6 May 2025 House: Reptd Fav Com Substitute(link is external)
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Tue, 6 May 2025 House: Reptd Fav(link is external)
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Tue, 6 May 2025 House: Cal Pursuant Rule 36(b)(link is external)
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Tue, 6 May 2025 House: Placed On Cal For 05/07/2025(link is external)
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Wed, 7 May 2025 House: Passed 2nd Reading(link is external)
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Wed, 7 May 2025 House: Passed 3rd Reading(link is external)
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Wed, 7 May 2025 House: Passed 3rd Reading(link is external)
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Wed, 7 May 2025 House: Special Message Sent To Senate(link is external)
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Wed, 7 May 2025 Senate: Special Message Received From House(link is external)
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Wed, 7 May 2025 Senate: Passed 1st Reading(link is external)
Bill Summaries:
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Bill H 909 (2025-2026)Summary date: May 6 2025 - View Summary
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Bill H 909 (2025-2026)Summary date: Apr 10 2025 - View Summary
Enacts GS 143B-472.130, establishing the State Infrastructure Bank Board (Board) an independent entity within the Department of Commerce. Directs the Board to establish, administer, and receive federal funds for a State infrastructure bank (bank) authorized by specified federal laws. Allows receipt and administration of State and private funds through the bank for transportation projects, water and sewer projects, and other infrastructure projects. Provides for the Board's application, receipt, and administration of federal financial assistance to fund the bank.
Authorizes the Board to provide loans and financial assistance to governmental units, including toll authorities, in the following manner: (1) federal funds, State funds, and private funds for financing the costs of transportation projects, including aviation projects; and (2) State funds and private funds for financing the costs of water and sewer projects and other infrastructure projects. Establishes conditions and repayment obligations for loans and other financial assistance provided under the statute. Provides for accounting of funds and specifies that federal funds do not revert and accrue interest and other investment income to be used for the purposes specified. Grants the Board rulemaking authority. Bars the Board from modifying the statutory Transportation Investment Strategy formula. Requires cooperation with the Division of Water Infrastructure and State Water Infrastructure Authority with respect to water and sewer projects.
Directs the State Treasurer to develop and adopt debt instruments with the assistance of the Local Government Commission and directs the Local Government Commission to develop and adopt procedures for the delivery of debt instruments to the State without any public bidding.
Details require Board review and approval for all proposed loans and other financial assistance to applicants, with a more limited review and approval required by the Local Government Commission for certain proposed loans as described.
Deems loans under the statute outstanding debt under Article 10, GS Chapter 159 (Assistance for Defaulting Units in Refinancing Debt).
Enacts GS 143B-472.131, listing the six members of the Board. Provides for member terms and compensation, Board officers, and Board meetings. Directs the Board to adopt rules for reviewing and approving loans and other financial assistance. Requires publication on the Board or Department's website. Establishes quarterly reporting requirements to the specified NCGA committee.
Repeals GS 136-18(12a), which grants the Department of Transportation the powers and duties relating to the establishment, administration, and receipt of federal funds for a transportation infrastructure banking program. Directs that the State infrastructure bank established by this subdivision be transferred to the Board.
Includes funds held by the bank with those the State Treasurer are authorized to invest under GS 147-69.2.
Applies to loans and other financial assistance applied for on or after July 1, 2025.