GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2023

SESSION LAW 2023-66

HOUSE BILL 364

AN ACT to AUTHORIZE THE FINANCING, WITHOUT APPROPRIATIONS FROM THE GENERAL FUND or the state capital and infrastructure fund, OF CERTAIN CAPITAL IMPROVEMENT PROJECTS OF THE CONSTITUENT INSTITUTIONS OF THE UNIVERSITY OF NORTH CAROLINA and to authorize the transfer of personal property BETWEEN CONSTITUENT INSTITUTIONS OF THE UNIVERSITY OF NORTH CAROLINA.

The General Assembly of North Carolina enacts:

PART I. UNC SELF‑LIQUIDATING CAPITAL PROJECTS

SECTION 1.(a)  The purpose of this section is to authorize the financing of the capital improvement projects listed in this section for the respective institutions of The University of North Carolina with funds available to the institutions from gifts, grants, receipts, self‑liquidating indebtedness, Medicare reimbursements for education costs, hospital receipts from patient care, or other funds, or any combination of these funds, but not including funds received for tuition or appropriated from the General Fund or State Capital and Infrastructure Fund of the State unless previously authorized by General Statute.

SECTION 1.(b)  The capital improvement projects, and their respective costs, authorized by this section to be financed as provided in subsection (a) of this section, including by revenue bonds, by special obligation bonds as authorized in subsection (d) of this section, or by both, are as follows:

Appalachian State University

App 105 Phase 3 – Women's Softball & Indoor Tennis                                        $10,000,000

North Carolina State University

University Towers – Acquisition & Renovation                                                   $52,000,000

University of North Carolina at Chapel Hill

Avery Residence Hall Renovation                                                                        $30,000,000

Bingham Hall Comprehensive Renovation                                                             $9,000,000

Business School/McColl Addition                                                                        $15,000,000

Chilled Water Infrastructure Expansion – Phase 1                                               $15,000,000

Nursing School/Carrington Hall Redevelopment                                                  $10,000,000

University of North Carolina at Pembroke

Campus Recreation/Baseball & Softball Outdoor Complex                                   $3,420,000

Western Carolina University

Athletic Facility Improvements                                                                             $30,000,000

SECTION 1.(c)  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 listed in this section. 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 1.(d)  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 listed in subsection (b) of this section. The maximum principal amount of bonds to be issued shall not exceed the specified amounts in subsection (b) of this section 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 subsection (c) of this section.

PART II. AUTHORIZE THE TRANSFER OF PERSONAL PROPERTY BETWEEN CONSTITUENT INSTITUTIONS OF THE UNIVERSITY OF NORTH CAROLINA

SECTION 2.  G.S. 116‑13 is amended by adding a new subsection to read:

(c)      With the prior approval of the President of The University of North Carolina, constituent institutions of The University of North Carolina may transfer personal property, including, without limitation, personal property of athletic departments, to another constituent institution of The University of North Carolina, including its athletic department, at no cost and without obtaining prior approval from the State Surplus Property Agency under Article 3A of Chapter 143 of the General Statutes or any other approval otherwise required by law.

PART III. EFFECTIVE DATE

SECTION 3.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 19th day of June, 2023.

                                                                    s/  Phil Berger

                                                                         President Pro Tempore of the Senate

                                                                    s/  Howard Penny, Jr.

                                                                         Presiding Officer of the House of Representatives

                                                                    s/  Roy Cooper

                                                                         Governor

Approved 8:58 a.m. this 30th day of June, 2023