SB 149

Allows Henderson County (County) to construct community college buildings (as defined) on the campuses of Blue Ridge Community College (College). Specifies that construct and construction includes making additions, improvements, renovations, or repairs to all or any part of a community college building. Allows the county to finance the construction of these buildings in accordance with Article 8 of GS Chapter 159 (Financing Agreements and Other Financing Arrangements; Arrangements for Nongovernmental Control of Public Enterprises) and GS 160A-20 (allowing for creation of security interests). Specifies that if construction is financed by the county, then the College Board of Trustees may, in connection with the construction, transfer any of its property to the county to be used as security for the financing agreement. Requires the county to transfer the property back to the College Board of Trustees upon the satisfaction of any financing agreement. Also allows the county to construct the community college buildings using other funding sources, including NCGA appropriations. Requires the county to lease the constructed buildings to the College under the terms and conditions agreed to. Specifies that the county does not have to comply with the provisions of GS 115D-9 (powers of the State Board of Community Colleges) regarding certain fee negotiations, contracts, and capital improvements or Part 1 of Article 36 of GS Chapter 143 (general provisions of the Department of Administration Act), but the county must comply with the provisions of Article 3D of GS Chapter 143 (Procurement of Architectural, Engineering, and Surveying Services) and Article 8 of GS Chapter 143 (Public Contracts). Requires the county to consult with the College Board of Trustees about programming requirements and keep the Board informed on construction process and progress. Allows entering into a memorandum of understanding for the construction of community college buildings by the county on the campuses of the College located within the county, if deemed appropriate by the county and College, and if the terms of the memorandum will allow for the construction to be completed in a timely fashion and cost-efficient manner. Specifies that the act applies only to construction projects, including additions, improvements, renovations, and repairs, coordinated by the county for College uses and purposes.