§115C-531. (Repealed effective July 1, 2015) Capital leases of school buildings and school facilities

(a)        Definitions. - The following definitions apply in this section:

(1)        Capital lease. - A capital lease as defined by generally accepted accounting principles, regardless of how the parties describe the agreement.

(2)        Private developer. - The entity with which the school board enters into a capital lease or build-to-suit lease under the provisions of this section.

(b)        Authorization. - Local boards of education may enter into capital leases of real or personal property for use as school buildings or school facilities. The capital lease may relate to an existing building or a new school building to be constructed. The term of any capital lease, including any renewal periods, shall not exceed 40 years from the expected date that the local board of education will take occupancy of the property that is the subject of a capital lease. Subdivisions (c) and (d) of G.S. 115C-521 do not apply to a capital lease entered into under this section.

(c)        Construction, Repairs, and Renovation. - The provisions of G.S. 115C-530(b) apply to a capital lease under this section. A capital lease entered into under this section may provide that the private developer is responsible for providing, or contracting for, construction, repair, or renovation work. Construction, repair, or renovation work undertaken or contracted by a private developer is not subject to the requirements of Article 8 of Chapter 143 of the General Statutes. Construction, repair, or renovation work undertaken or contracted by the private developer involving the estimated expenditure of three hundred thousand dollars ($300,000) or more is subject to the provisions of G.S. 115C-532.

(d)       Nonsubstitution Clause. - A capital lease may not contain a nonsubstitution clause that restricts the right of a local board to continue to provide a service or activity or to replace or provide a substitute for any property financed or purchased by the capital lease.

(e)        No Deficiency Judgment; No Pledge of Taxing Power. - No deficiency judgment may be rendered against any local board of education or any unit of local government, as defined in G.S. 160A-20(h), in any action for breach of a contractual obligation authorized by this section, and the taxing power of a unit is not and may not be pledged directly or indirectly to secure any moneys due under a contract authorized by this section. A capital lease shall state that it does not constitute a pledge of the taxing power or full faith and credit of the local board of education or board of county commissioners.

(f)        Budgetary Accounting. - A capital lease entered into under this section shall be considered a continuing contract for capital outlay and is subject to G.S. 115C-441(c1); provided, however, notwithstanding any provision of G.S. 115C-441(c1) or G.S. 115C-426, in each fiscal year the appropriation of funds by the county for the payment of amounts due under the capital lease shall be at the discretion of the board of county commissioners.

(g)        Local Government Commission Approval. - Capital leases entered into under this section are subject to approval by the Local Government Commission under Article 8 of Chapter 159 of the General Statutes if they meet the standards set out in G.S. 159-148(a)(1), 159-148(a)(2), and 159- 148(a)(3). For purposes of determining whether the standards set out in G.S. 159-148(a)(3) have been met, only the five-hundred-thousand-dollar ($500,000) threshold applies.

(h)        No Agreements on Student Assignment. - A capital lease may not contain any provision with respect to the assignment of specific students or students from a specific area to any specific school.

(i)         Lien Laws Not Affected. - All laws relating to liens on private property apply to private property interests in a capital lease project undertaken under this section.

(2006-232, s. 1; 2006-259, s. 54(a); 2011-234, s. 1.)