GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2007
SESSION LAW 2007-394
SENATE BILL 1241
AN ACT TO AUTHORIZE THE CONSTRUCTION AND THE FINANCING, WITHOUT APPROPRIATIONS FROM THE GENERAL FUND, OF CERTAIN CAPITAL IMPROVEMENTS PROJECTS OF THE CONSTITUENT INSTITUTIONS OF THE UNIVERSITY OF NORTH CAROLINA.
The General Assembly of North Carolina enacts:
PART I. SELF-LIQUIDATING PROJECTS
SECTION 1. The purpose of this act is: (i) to authorize the construction or acquisition by certain constituent institutions of The University of North Carolina of the capital improvements projects listed in this act for the respective institutions, and (ii) to authorize the financing of these projects with funds available to the institutions from gifts, grants, receipts, self-liquidating indebtedness, Medicare reimbursements for education costs, or other funds, or any combination of these funds, but not including funds received for tuition or appropriated from the General Fund of the State.
SECTION 2. The capital improvements projects, and their respective costs, authorized by this act to be constructed or otherwise acquired and financed as provided in Section 1 of this act, are as follows:
Appalachian State University
Frank Residence Hall Renovation $7,461,000
Steam Distribution Improvements - Phase IV $3,086,000
East Carolina University
Family Medicine Center - Supplement $6,000,000
North Carolina State University
Companion Animal Hospital $34,000,000
Residence Halls - Improvements and Infrastructure
Expansion $13,000,000
The University of North Carolina at Chapel Hill
College of Arts and Sciences - Digital Multimedia
Center and Music Library $4,000,000
Rosenau Hall Laboratory Building - Comprehensive
Renovation $1,124,000
Science Complex - Phase I $20,000,000
Hanes Hall $750,000
Genomic Sciences Building $12,500,000
Electrical Infrastructure Improvements $9,300,000
Information Technology Infrastructure Improvements $11,800,000
Translational Medicine Program Facility Renovation $4,000,000
Henry Stadium Renovation $2,000,000
Carmichael Auditorium - Supplement $2,000,000
Woollen Gymnasium - Supplement $2,000,000
McColl Building Expansion and Renovation $6,500,000
Bell Tower Development Parking $30,000,000
Chilled Water Infrastructure $39,600,000
The University of North Carolina at Pembroke
New Football/Multipurpose Tower $2,000,000
The University of North Carolina at Wilmington
Residence Halls - Improvements $5,000,000
Marine Biotechnology Research Facility $15,000,000
Western Carolina University
Residence Halls - Construction/Acquisition $44,560,000
SECTION 3. At the request of the Board of Governors of The University of North Carolina and upon determining that it is in the best interest of the State to do so, the Director of the Budget may authorize an increase or decrease in the cost of, or a change in the method of, funding the projects authorized by this act. In determining whether to authorize a change in cost or funding, the Director of the Budget may consult with the Joint Legislative Commission on Governmental Operations.
SECTION 4. Pursuant to G.S. 116D-26, the Board of Governors may issue, subject to the approval of the Director of the Budget, at one time or from time to time, special obligation bonds of the Board of Governors for the purpose of paying all or any part of the cost of acquiring, constructing, or providing for the projects authorized by Section 2 and Section 7 of this act. The maximum principal amount of bonds to be issued shall not exceed the specified project costs in Section 2 and Section 7 of this act plus five percent (5%) of such amount to pay issuance expenses, fund reserve funds, pay capitalized interest and pay other related additional costs, plus any increase in the specific project costs authorized by the Director of the Budget pursuant to Section 3 of this act.
SECTION 5. With respect to the Marine Biotechnology Research Facility project at the University of North Carolina at Wilmington, the institution may accomplish construction and financing through lease arrangements to and from a special purpose entity created or existing for that purpose and through working with other State agencies.
SECTION 6. With respect to the Residence Halls project at Western Carolina University, the institution may accomplish construction and financing through lease arrangements to and from the Western Carolina University Research and Development Corporation.
SECTION 7. The University of North Carolina at Chapel Hill may accomplish the financing of the acquisition and implementation of certain components of its enterprise administrative systems, including, but not limited to, Student, Human Resources, Payroll, and Finance, in an amount not to exceed fifty-nine million dollars ($59,000,000). Costs related to the project may include, but not be limited to, costs of applicable hardware, software, consulting services, project and support staff, renovation of the Porthole Building on the campus of the University of North Carolina at Chapel Hill, training services, leases of space for the project, and any technical infrastructure components required to implement the systems for the duration of the project. The project shall be deemed to be a "capital facility" and a "special obligation bond project" for purposes of G.S. 116D-22(5).
The University of North Carolina at Chapel Hill must report semiannually on its enterprise administrative systems project to the Joint Legislative Oversight Committee on Information Technology, the chairs of the Senate and House Finance and Appropriations Committees, and the Fiscal Research Division. The report must be made on January 1 and July 1 of each year until the project is fully funded and operational. The report must include all of the following:
(1) A summary of project implementation to date and planned implementation activities.
(2) A summary of expenditures to date by funding source and of planned expenditures by funding source.
(3) A summary of issued debt and planned issuances.
PART II. REVISE UNIVERSITY GENERAL OBLIGATION INDEBTEDNESS
SECTION 8. Pursuant to Section 2(b) of S.L. 2000-3, the General Assembly finds that it is in the best interest of the State to respond to current educational and research program requirements at Elizabeth City State University by (i) changing the scope of "Mitchell-Lewis Residence Hall - Replacement" to a comprehensive renovation project and by (ii) reducing the scope of the "Land Acquisition" project and transferring unused funds to "Lane Hall Classroom Building - Comprehensive Renovation" and "Electrical Distribution System Upgrade" and "Campus Infrastructure Improvements." Section 2(a) of S.L. 2000-3 is therefore amended in the portion under Elizabeth City State University by:
(1) Renaming "Mitchell-Lewis Residence Hall - Replacement" to read "Mitchell-Lewis Residence Hall - Comprehensive Renovation," and
(2) Reducing the allocation to "Land Acquisition" by six hundred fifty thousand dollars ($650,000), and
(3) Increasing the allocation to "Lane Hall Classroom Building - Comprehensive Renovation" by six hundred thousand dollars ($600,000), and
(4) Increasing the allocation to "Electrical Distribution System Upgrade" by twenty-five thousand dollars ($25,000), and
(5) Increasing the allocation to "Campus Infrastructure Improvements" by twenty-five thousand dollars ($25,000).
SECTION 9. Pursuant to Section 2(b) of S.L. 2000-3, the General Assembly finds that it is in the best interest of the State to respond to current educational and research program requirements at North Carolina Central University by reducing the scope of "Hoey Building - Comprehensive Renovation" and transferring unused funds to "Pearson Cafeteria - Expansion" and "Eagleson Residence Hall - Comprehensive Renovation." Section 2(a) of S.L. 2000-3 is therefore amended in the portion under North Carolina Central University by:
(1) Reducing the allocation to "Hoey Building - Comprehensive Renovation" by two million three hundred thousand dollars ($2,300,000),
(2) Increasing the allocation to "Pearson Cafeteria - Expansion" by one million dollars ($1,000,000), and
(3) Increasing the allocation to "Eagleson Residence Hall - Comprehensive Renovation" by one million three hundred thousand dollars ($1,300,000).
PART III. EFFECTIVE DATE
SECTION 10. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 1st day of August, 2007.
s/ Beverly E. Perdue
President of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 2:42 a.m. this 20th day of August, 2007