ECSheading
From the ECS State Policy Database
Postsecondary Finance--Facilities


Education Commission of the States • 700 Broadway, Suite 810 • Denver, CO 80203-3442 • 303.299.3600 • fax 303.296.8332 • www.ecs.org

This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format.

Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date].

State Status/Date Level Summary
CASigned into law 09/2014Postsec.University of California Project Bidding Requirements
S.B. 502
From bill summary: Existing law authorizes the board of regents of the University of California to solicit bids in writing for projects under $100,000, rather than requiring them to be put out for competitive bidding. New provision increases that threshold to ...

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CASigned into law 08/2014Community CollegeDefinition of Direct Costs for Rental of Community College Facility or Grounds
A.B. 1906
From bill summary: Until January 1, 2020, expands the definition of "direct costs" for purposes of use of renting community college facilities or grounds to include, among other things, the share of costs for maintenance, repair, restoration, and refurbishment...

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CASigned into law 07/2014Postsec.California Educational Facilities Authority.
A.B. 1668
Amends definition of "bond" for purposes of the California Educational Facilities Authority Act. Amends various powers of the California Educational Facilities Authority. http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_1651-1700/ab_1668_bill_20140721_chaptered...

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LASigned into law 06/2014Postsec.Postsecondary Capital Outlay and Short Term Loans
S.B. 321
Provides an exemption from the capital outlay procedure and capital outlay bill for certain university and higher education projects of up to $1 million dollars. Authorizes the incurrence of short term loans of up to one year for such projects; to provide that...

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NESigned into law 03/2014Postsec.Review of Postsecondary Capital Construction Projects
L.B. 546
Adds provisions requiring that all capital construction projects, including applicable financing plans, proposed by any nonprofit corporation created by the Board of Regents of the University of Nebraska or the Board of Trustees of the Nebraska State Colleges ...

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SDSigned into law 03/2014Postsec.Public Postsecondary Technical Institutes
H.B. 1142
Enhances the support for public postsecondary technical institutes by allowing the governing body of a municipality or county to contribute money from the general fund and/or the capital outlay fund to provide general operating and capital support to any posts...

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WASigned into law 03/2014Postsec.Creating Efficiencies for Higher Education Institutions
H.B. 2613
Changes the date by which four-year institutions of higher education must report on the effectiveness of financial aid in mitigating tuition increases to December 31 from August 15. Requires only institutions of higher education that increased tuition beyond l...

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SCSigned into law 02/2014Postsec.Postsecondary Facilities Finance
S.B. 22
Transfers authority for postsecondary facilities finance from the State Budget and Control Board to the State Fiscal Accountability Authority. ...

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ORSigned into law 08/2013Postsec.Finance Agreements to Purchase or Improve Property
S.B. 266
Allows for the Oregon University system to enter into "Finance Agreements" to purchase or improve property. Provides through the agreements another way for the Oregon system to borrow without tapping into the bonds which are capped by the state. Directs that i...

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NJSigned into law 08/2013Postsec.Appropriation to Secretary of Higher Education for Capital Project Grants
S.B. 2884
Appropriating over $715 million to the Office of the Secretary of Higher Education from the "Building Our Future Fund". Mandates that the funds must be used for capital project grants at New Jersey's public and private higher education institutions to increase...

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CASigned into law 07/2013Postsec.Funding Facilities at University of California
A.B. 94 - Funding Facilities at University of California
From bill summary: Authorizes the University of California to issue revenue bonds, secured by a specified pledge of revenues. Authorizes the University of California to pledge its annual general fund support appropriation, less certain amounts, to secure the p...

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LAPassed 06/2013Postsec.Bonds for the Louisiana Community and Technical Colleges System
S.B. 204
Provides relative to the issuance of bonds to finance capital improvements for the Louisiana Community and Technical Colleges System. Lists projects to be financed. Requires that each project have a minimum 12% private match. Provides no project may be finance...

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TXSigned into law 06/2013Postsec.Energy Savings Performance Contracts
S.B. 533
From fiscal note: Amends provisions regarding energy savings performance contracts and guidelines for contracts established by the Texas Higher Education Coordinating Board. Requires the coordinating board to review any reports submitted by institutions of hig...

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TXSigned into law 06/2013Postsec.Economic Development Corporation Funds for State College Housing
H.B. 2473
From fiscal note: Allows an economic development corporation to spend tax proceeds for expenditures that are for the development or construction of housing facilities on or adjacent to the campus of a public state college. Bill text: http://www.capitol.state.t...

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TXSigned into law 06/2013Postsec.Partnerships between the Texas State Technical College System and Public Junior Colleges
H.B. 2760
Permits the higher education coordinating board and a public junior college to enter into a partnership to coordinate the management and operations of the institutions and to enhance the delivery of technical education programs statewide. Requires that such a ...

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TXSigned into law 06/2013Postsec.Facilities Owned by a Political Subdivision and Used Exclusively by Branch Campus
H.B. 2474 - Facilities Owned by a Political Subdivision and Used Exclusively by Branch Campus
Adds to the permissible uses of the proceeds of a junior college district branch campus maintenance tax the making of lease payments, under an agreement between the applicable junior college district and the political subdivision that levies the tax, to the po...

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HISigned into law 06/2013Postsec.Chief Procurement Officer for University of Hawaii, Independent Audit Committee
H.B. 114
Requires the Administrator of the State Procurement Office, rather than the University of Hawaii President, to serve as the chief procurement officer for specified contracts for construction and professional services.

Requires procurement for professional se...

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LASigned into law 05/2013Postsec.Naming of Buildings at Postsecondary Institutions
H.B. 207
Authorizes each public postsecondary education management board to name a building at an institution under its supervision and management in honor of a living person. http://www.legis.la.gov/legis/ViewDocument.aspx?d=855604&n=HB207%20Act...

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COSigned into law 05/2013Postsec.Postsecondary Construction Contracts
H.B. 1292
Amends provisions on public works projects. Requires the executive director of a governmental agency or the president of an institution of higher education (institution) that enters into a construction contract for a public project to disclose to the public th...

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COSigned into law 04/2013Postsec.Higher Education Revenue Bond Intercept Program
S.B. 199
Modifies the standard for determining whether bonds issued by a state-supported institution of higher education qualify for the higher education revenue bond intercept program. http://www.leg.state.co.us/clics/clics2013a/csl.nsf/fsbillcont3/657D93426CD7B106872...

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NMVetoed 03/2013Postsec.Property Tax Relating to County Higher Education Facilities
H.B. 593
Authorizes certain counties to impose a property tax, not to exceed $1.50 on each $1,000 of net taxable value of property, for the purpose of acquiring, constructing, renovating, or improving a facility of a four-year postsecondary institution located in the c...

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NMVetoed 03/2013Postsec.Utility Charges for Certain Schools
S.B. 321
Exempts certain state educational institutions from paying renewable energy charges to utility providers to help the public utility to meet renewable portfolio standard requirements. The exemption applies for institutions that 1) have main-campus enrollment of...

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ARSigned into law 02/2013Postsec.
Community College
Community College Facilities
S.B. 4
Assists community and technical colleges in acquiring capital funding. Specifies procedures for instituting millage elections. Makes technical changes to law.
http://www.arkleg.state.ar.us/assembly/2013/2013R/Pages/BillInformation.aspx?measureno=sb4...

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CASigned into law 09/2012P-12
Community College
Design-Build Contracts for District and Community College District Facilities
S.B. 1509
Primarily from bill summary: Extends until January 1, 2020 the authority of a district governing board or community college district governing board to enter into a design-build contract for both the design and
construction of a facility (was due to expire Jan...

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NJSigned into law 08/2012Postsec.Public-Private Partnership in Postsecondary Capital Construction
S.B. 2501
Establishes a new public-private partnership agreement option for construction of state and county college facilities. Allows a private entity to assume full responsibility for the on-campus facility while the state or higher education institution maintains fu...

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CASigned into law 07/2012Community CollegeFair Market Value of Community College Leases
A.B. 1748
Removes provision that previously prohibited certain community college property leases from exceeding $25,000 a year. http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1701-1750/ab_1748_bill_20120710_chaptered.pdf...

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ALSigned into law 05/2012Postsec.Building Commission-Approved Safe Space or Hallway in Postsecondary Classrooms and Dorm Buildings
H.B. 427
Requires any new construction of a building containing classrooms or dorm rooms at a public two-year or four-year institution of higher education to include an Alabama Building Commission approved safe space or hallway....

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FLSigned into law 04/2012Postsec.Capital Improvement Fee
H.B. 5201 - Capital Improvement Fee
From final bill analysis: Allows colleges to increase the fee up to 20% of tuition or the sum of tuition and out-of-state fees. Implements a new fee structure for universities allowing them to increase the Capital Improvement Trust Fund fee up to 10% of tuitio...

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FLSigned into law 04/2012Postsec.Local Development Agreement with Host Local Government
H.B. 5201 - Local Development Agreement with Host Local Government
For the 2012-13 fiscal year, permits a state university to enter into a local development agreement with an affected host local government to identify specific projects in the university's campus master plan to be constructed by the university for purposes of ...

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COSigned into law 04/2012Postsec.Higher Ed Facilities Funding
S.B. 40
Specifies and expands the higher education institutions that are eligible for state controlled maintenance funding.
http://www.leg.state.co.us/clics/clics2012a/csl.nsf/fsbillcont3/DE6E62B1C1A6F52887257981007E0669?Open&file=040_enr.pdf...

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NDSigned into law 11/2011Postsec.Authorization to Issue Revenue Bonds
H.B. 1477
Amends and reenacts section 15 of chapter 3 of the 2011 Session Laws, relating to authorization of the state board of higher education to issue revenue bonds; to provide legislative intent; to provide an appropriation; and to provide an effective date.
http://...

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PASigned into law 11/2011P-12
Postsec.
Thresholds for Contracts Put Out for Bid
S.B. 296
Increases the maximum amount of a contract before it must be put out for bids. Under current law, a district must seek written or phone price quotes from at least three contractors or suppliers for contracts over $4,000 but not more than $10,000. This increase...

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CASigned into law 10/2011Postsec.Best Value Construction Contract Pilot Program
S.B. 835
From bill summary: Expands the Best Value Construction Contract Pilot Program, which currently allows a University of California campus in San Francisco to award construction contracts based on the best
value procedures, to apply to all campuses of the Univers...

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CASigned into law 09/2011Postsec.Definition of "Private College" or "Private Participating College"
A.B. 1163
Amends definition of a "private college" or "private participating college" for purposes of the California Educational Facilities Authority to mean a private college that does not restrict the admission of a student based on his/her race or ethnicity, provide...

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NYSigned into law 08/2011Postsec.Energy Efficiency, Clean Energy Assistance for Not-for-Profit Postsecondary Institutions
S.B. 3755
Relates to the eligibility of certain independent not-for-profit institutions of higher education to receive assistance from the New York power authority in establishing energy efficiency and clean energy initiatives. http://assembly.state.ny.us/leg/?default_f...

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SCSigned into law 08/2011Postsec.The South Carolina Higher Education Efficiency & Administrative Policies Act of 2011
S.B. 172

Transparency and Efficiency
Requires each public institution of higher learning to maintain a transaction register that includes a complete record of all funds expended, from whatever source for whatever purpose. Provides that the register must be prominently...

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OHSigned into law 06/2011P-12
Postsec.
K-12 and Higher Education Construction Contracts
H.B. 153 - K-12 and Higher Education Construction Contracts
Sections 9.33 to 9.335: Makes certain provisions related to a public authority's contracting for construction (that are already applicable to school districts) applicable to any state institution of higher education. Defines "construction manager at risk" as a...

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OHSigned into law 06/2011P-12
Postsec.
Reporting on Costs of Capital Facilities Projects
H.B. 153 - Reporting on Costs of Capital Facilities Projects
Directs public entities (including a state agency and a state institution of higher education), upon completion of a capital facilities project funded wholly or partially through state funds, to submit a report about the project to the director of administrati...

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OHSigned into law 06/2011Community College
Postsec.
Capital Bonding Requirements for Community Colleges
H.B. 153 - Capital Bonding Requirements for Community Colleges
Creates new section to outline the capital bonding requirements for community colleges. Pages 336-339 of 1000: http://www.legislature.state.oh.us/BillText129/129_HB_153_EN_part1.pdf...

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OHSigned into law 06/2011P-12
Postsec.
Renting Facilities to Postsecondary Institutions
H.B. 153 - Renting Facilities to Postsecondary Institutions
Permits a district board to rent or lease facilities under its control to any public or nonpublic institution of higher education for the institution's use in providing evening and summer classes. Page 160 of 1000: http://www.legislature.state.oh.us/BillText12...

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OHSigned into law 06/2011P-12
Postsec.
Auxiliary Facilities May Be Transferred to 501(c)(3)
H.B. 153 - Auxiliary Facilities May Be Transferred to 501(c)(3)
Authorizes the the board of trustees of a state institution, with the approval of the chancellor of the Ohio board of regents and the controlling board, to enter into a financing agreement with a conduit entity (i.e., 501(c)(3)) and an independent funding sour...

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OHSigned into law 06/2011P-12
Postsec.
Leasing Campus Housing Facilities to Nonpublic Vendors
H.B. 153 - Leasing Campus Housing Facilities to Nonpublic Vendors
Permits each university to enter into a lease agreement with a nonpublic vendor to provide housing services in campus housing facilities to students of the university. Permits the lease agreement to require the vendor to construct new campus housing facilities...

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TXSigned into law 06/2011Postsec.High-Performance, Sustainable Design, Construction, and Renovation Standards for Certain Facilities
H.B. 51
From fiscal analysis: Establishes high-performance sustainable-design standards for the construction or renovation of state buildings, including those of institutions of higher education. Makes the State Energy Conservation Office (SECO) responsible for settin...

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TXSigned into law 06/2011Community College
Postsec.
Abandoned Property of Junior Colleges
H.B. 650
Adds junior colleges to provisions in property code relating to property presumed to be abandoned and valued at $100 or less. http://www.capitol.state.tx.us/tlodocs/82R/billtext/pdf/HB00650F.pdf#navpanes=0...

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TXSigned into law 06/2011P-12
Postsec.
Energy Efficiency
S.B. 898
Requires each political subdivision, institution of higher education or state agency to establish a goal to reduce electric consumption by at least 5% each state fiscal year for 10 years, starting September 1, 2011. Requires each such entity that does not meet...

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TXSigned into law 06/2011Postsec.Expedited Process for Certain Projects
S.B. 5 - Expedited Process for Certain Projects
Establishes an expedited process for a project (i.e., aquisition, construction, repair or rehabilitation of a building or other facility). Provides that board approval of a project at an institutuion of higher education if the
institution notifies the board of...

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TXSigned into law 06/2011Postsec.Property Management
S.B. 5 - Property Management
Requires a university system or institution of higher education to account for all personal property as defined by the comptroller. Requires the property records of a university system or institution of higher education to accurately reflect at all times the p...

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FLSigned into law 05/2011Postsec.Postsecondary Education Funding
S.B. 2150
From Legislative Budget Committee Summary:

Coenrollment in Public Schools and Adult Education Programs
Prohibits funding for coenrollment in public schools and adult general education programs, except that for the 2011-2012 fiscal year students may enroll i...

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NYSigned into law 03/2011Postsec.State and City University Budgetary Power
S.B. 2808 - Part D, Subparts A and B
Provides that the state university trustees may acquire property by the acceptance of conditional gifts, grants, devises or bequests. Provides that fund procurement by state and city university trustees is not subject to the prior approval of any state officer...

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SDSigned into law 03/2011Postsec.Facilities
H.B. 1008
Authorize the Board of Regents to expend higher education facilities funds to maintain and repair certain facilities occupied under capital leases.
http://legis.state.sd.us/sessions/2011/Bill.aspx?File=HB1008ENR.htm...

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TXAdopted 11/2010Postsec.Definitions Re: Deferred Maintenance, Critical Deferred Maintenance, and other Postsecondary Facility Issues
19 TAC 17.3
Makes necessary changes to existing definitions to implement modified reporting and standard changes regarding deferred maintenance and critical deferred maintenance on postsecondary campuses. Adopted as proposed in the August 27, 2010 Texas Register (pp. 2-5 ...

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TXAdopted 11/2010Postsec.Board Reports and Institutional Reports
19 TAC 17.100, 101
Makes necessary changes to direct the reporting of information pertaining to the physical condition of facilities and infrastructure by the higher education coordinating board. Additionally enables the coordinating board staff to direct the data collection eff...

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NYSigned into law 09/2010Community College
Postsec.
Funding Capital Improvements at Certain Community Colleges
A.B. 8079
Enacts the ''community college region capital financing act of 2009". Authorizes community college regions or regional boards of trustees to enter into agreements with the dormitory authority of the state of New York to borrow money or issue bonds for capital ...

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ILAdopted 07/2010Postsec.Private Colleges and Universities Capital Distribution Formula
23 IAC 1039.10, 20, 30, 40, 50, 60, 70, 80, 90
Primarily from summary in Administrative Register: On July 13, 2009, Public Act 96-37 was signed into law, creating the Private Colleges and Universities Capital Distribution Formula. This Act created a distribution formula for grants to non-profit private col...

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MDSigned into law 05/2010Postsec.
Community College
Community College Capital Projects
H.B. 1044/S.B. 234
Requires that community college capital projects that receive state funds comply with the state's High Performance Building Act; Allows community colleges to apply for waivers from this requirement under existing waiver procedures; Takes effect July 1, 2010, a...

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OKSigned into law 04/2010P-12
Postsec.
Conveyance of Real Property
S.B. 2108
Authorizes the conveyance (by school districts) of real property to an educational institution within the State System of Higher Education.
http://webserver1.lsb.state.ok.us/2009-10bills/SB/SB2108_ENR.RTF...

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WVSigned into law 04/2010Postsec.Higher Education Capital Facilities Funding
H.B. 4026
Establishes new provisions governing the financing, construction, purchase and leasing of facilities at state institutions of higher education, which could lead to the state taking responsibility for the bulk of construction and maintenance of educational faci...

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IASigned into law 03/2010P-12
Postsec.
Community College

H.B. 823
Requires public schools, community colleges, institutions under the control of the State Board of Regents, and state agencies to comply with an environmentally preferable cleaning and maintenance policy.
http://coolice.legis.state.ia.us/linc/HF823_Enrolled.pdf...

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ILSigned into law 07/2009Postsec.Private Postsecondary Facilities
H.B. 2424 - Article 25
Establishes the Private Colleges and Universities Capital Distribution Formula Act. Creates a distribution formula for funds appropriated from the Build Illinois Bond Fund to the Capital Development Board for the Illinois Board of Higher Education for grants t...

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