A BILL TO BE ENTITLED
AN ACT to amend the POWERS of the department of transportation to enter into debt and debt‑like agreements pursuant to any partnership agreement except to the extent that such indebtedness is authorized by law.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 136‑18(39) reads as rewritten:
"(39)	To enter into partnership agreements that set forth the manner of funding the costs of planning, designing, developing, acquiring, constructing, equipping, maintaining, and operating transportation infrastructure in this State, which costs may be funded by tolls, contracts, and other financing methods authorized by law, other than this subdivision. Any partnership agreement entered into under this subdivision may be between the Department and the North Carolina Turn Pike Authority, private entities, and authorized political subdivisions and requires the approval of the Board of Transportation. The Department shall report to the Chairs of the Joint Legislative Transportation Oversight Committee, the Chairs of the House of Representatives Appropriations Subcommittee on Transportation, and the Chairs of the Senate Appropriations Committee on the Department of Transportation, at the same time it notifies the Board of Transportation of any proposed agreement under this subdivision. The Department shall not incur, directly or indirectly, any indebtedness, including, but not limited to, contract indebtedness or capital lease obligations, pursuant to any partnership agreement entered into under this subdivision except to the extent that such indebtedness is authorized by law, other than this subdivision. Any contracts for construction of highways, roads, streets, and bridges which are awarded pursuant to an agreement entered into under this section shall comply with the competitive bidding requirements of Article 2 of this Chapter."
SECTION 2.  G.S. 143B‑350(12a) reads as rewritten:
"(12a)	To approve partnership agreements with the North Carolina Turnpike Authority, private entities, and authorized political subdivisions, if such partnership agreements set forth the manner of funding the costs of planning, designing, acquiring, constructing, equipping, maintaining, and operating transportation infrastructure in this State, with priority given to highways, roads, streets, and bridges."
SECTION 3.  This act becomes effective July 1, 2010, and applies to partnership agreements entered into on or after that date.