GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

SESSION LAW 2011-150

HOUSE BILL 266

AN ACT to allow mecklenburg and wake counties and the towns of apex, cary, fuquay-varina, garner, holly springs, knightdale, morrisville, rolesville, wake forest, wendell, and zebulon to enter into leases for the siting and operation of a renewable energy facility for up to twenty years without treating it as a sale and without giving notice by publication, and exempting those local governments until june 30, 2015, from competitive bidding requirements when letting contracts for use as part of local pilot programs aimed at increasing energy efficiency.

The General Assembly of North Carolina enacts:

SECTION 1.  Section 3 of S.L. 2009-149, as rewritten by S.L. 2010-57 and S.L. 2010-63, reads as rewritten:

"SECTION 3. Section 2 of this act applies to the Cities of Asheville, Raleigh and Winston-Salem and the Towns of Chapel Hill and Carrboro only. This act also applies to Catawba County. Catawba, Mecklenburg, and Wake Counties and the Towns of Apex, Cary, Fuquay-Varina, Garner, Holly Springs, Knightdale, Morrisville, Rolesville, Wake Forest, Wendell, and Zebulon only."

SECTION 2.  Section 1 of S.L. 2007-333, as rewritten by Section 1 of S.L. 2009-149, and by S.L. 2010-57, reads as rewritten:

"SECTION 1.(a)  A municipality or county may contract for apparatus, supplies, materials, or equipment that will be used as part of any pilot program authorized by its governing board aimed at increasing energy efficiency without being subject to the requirements of G.S. 143-129, 143-131, and 143-132. Notwithstanding any provision of law, a municipality or county may award a contract under this section in its sole discretion.

"SECTION 1.(b)  This section applies to the Cities of Asheville and Raleigh and the Towns of Apex, Chapel Hill and Carrboro Carrboro, Cary, Chapel Hill, Fuquay-Varina, Garner, Holly Springs, Knightdale, Morrisville, Rolesville, Wake Forest, Wendell, and Zebulon only. This section also applies to Mecklenburg and Wake Counties."

SECTION 3.  This act is effective when it becomes law, but Section 2 of this act expires at the same time that Section 1 of S.L. 2010-57 expires.

In the General Assembly read three times and ratified this the 16^th day of June, 2011.

                                                                    s/  Walter H. Dalton

                                                                         President of the Senate

                                                                    s/  Thom Tillis

                                                                         Speaker of the House of Representatives