reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 9 - Department of Administration. › § 143B-426.54 - Expired pursuant to Session Laws 2013-360, s6.18(g), as amended by Session Laws 2014-100, s6.13(e), effective June 30, 2015.

§ 143B-426.54: Expired pursuant to Session Laws 2013-360, s. 6.18(g), as amended by Session Laws 2014-100, s. 6.13(e), effective June 30, 2015.
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 9 - Department of Administration. › § 143B-426.55 - Expired pursuant to Session Laws 2013-360, s6.18(g), as amended by Session Laws 2014-100, s6.13(e), effective June 30, 2015.

§ 143B-426.55: Expired pursuant to Session Laws 2013-360, s. 6.18(g), as amended by Session Laws 2014-100, s. 6.13(e), effective June 30, 2015.
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 9 - Department of Administration. › § 143B-426.56 - Expired pursuant to Session Laws 2013-360, s6.18(g), as amended by Session Laws 2014-100, s6.13(e), effective June 30, 2015.

§ 143B-426.56: Expired pursuant to Session Laws 2013-360, s. 6.18(g), as amended by Session Laws 2014-100, s. 6.13(e), effective June 30, 2015.
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 9 - Department of Administration. › § 143B-426.57 - Expired pursuant to Session Laws 2013-360, s6.18(g), as amended by Session Laws 2014-100, s6.13(e), effective June 30, 2015.

§ 143B-426.57: Expired pursuant to Session Laws 2013-360, s. 6.18(g), as amended by Session Laws 2014-100, s. 6.13(e), effective June 30, 2015.
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 10 - Department of Commerce. › § 143B-427 - Department of Commerce creation.

§ 143B-427. Department of Commerce – creation.
There is hereby recreated and reconstituted a Department to be known as the "Department of Commerce," with the organization, powers, and duties defined in Article 1 of this Chapter, except as modified in this Article. (1977, c. 198, s. 1; 1989, c. 751, s. 7(23); 1991 (Reg. Sess., 1992), c. 959, ss. 44, 45.)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 10 - Department of Commerce. › § 143B-428 - Department of Commerce - declaration of policy.

§ 143B-428. Department of Commerce – declaration of policy.
It is hereby declared to be the policy of the State of North Carolina to actively encourage the expansion of existing environmentally sound North Carolina industry; to actively encourage the recruitment of environmentally sound national and international industry into North Carolina through industrial recruitment efforts and through effective advertising, with an emphasis on high-wage-paying industry; to promote the development of North Carolina's labor force to meet the State's growing industrial needs; to promote the growth and development of our travel and tourist industries; to promote the development of our State ports; and to assure throughout State government, the coordination of North Carolina's economic development efforts. (1977, c. 198, s. 1; 1989, c. 751, s. 7(24); 1991 (Reg. Sess., 1992), c. 959, s. 46; 2003-340, s. 1.10.)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 10 - Department of Commerce. › § 143B-429 - Department of Commerce - duties.

§ 143B-429. Department of Commerce – duties.
It shall be the duty of the Department of Commerce to provide for and promote the implementation of the declared policy of the State of North Carolina as provided in G.S. 143B-428, to promote and assist in the total economic development of North Carolina in accord with such declared policy and to perform such other duties and functions as are conferred by this Chapter, delegated or assigned by the Governor and conferred by the Constitution and laws of this State. (1977, c. 198, s. 1; 1989, c. 751, s. 7(25); 1991 (Reg. Sess., 1992), c. 959, s. 47.)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 10 - Department of Commerce. › § 143B-430 - Secretary of Commerce - powers and duties.

§ 143B-430. Secretary of Commerce – powers and duties.
(a) The head of the Department of Commerce is the Secretary of Commerce. The Secretary of Commerce shall have such powers and duties as are conferred on him by this Chapter, delegated to him by the Governor, and conferred on him by the Constitution and laws of this State. The Secretary of Commerce shall be responsible for effectively and efficiently organizing the Department of Commerce to promote the policy of the State of North Carolina as outlined in G.S. 143B-428 and to promote statewide economic development in accord with that policy. Except as otherwise specifically provided in this Article and in Article 1 of this Chapter, the functions, powers, duties and obligations of every agency or subunit in the Department of Commerce shall be prescribed by the Secretary of Commerce.
(b) The Secretary of Commerce shall have the power and duty to accept and administer federal funds provided to the State through the Job Training Partnership Act, Pub. L. No. 97-300, 96 Stat. 1322, 29 U.S.C. § 1501 et seq., as amended.
(c) The Secretary of Commerce may adopt rules to administer a program or fulfill a duty assigned to the Department of Commerce or the Secretary of Commerce. (1977, c. 198, s. 1; 1989, c. 727, s. 6, c. 751, ss. 7(26), 8(18); 1991 (Reg. Sess., 1992), c. 959, s. 48; 2003-284, s. 12.6A(c).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 10 - Department of Commerce. › § 143B-431.1 - Toll-free number for information on housing assistance.

§ 143B-431.1. Toll-free number for information on housing assistance.
There shall be established in the Department of Commerce a toll-free telephone number to provide information on housing assistance to the citizens of the State. (1989, c. 751, s. 6; 1991 (Reg. Sess., 1992), c. 959, s. 50.)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 10 - Department of Commerce. › § 143B-431.2 - Department of Commerce - limitation on grants and loans.

§ 143B-431.2. Department of Commerce – limitation on grants and loans.
The Department of Commerce may not make a loan nor award a grant to any individual, organization, or governmental unit if that individual, organization, or governmental unit is currently in default on any loan made by the Department of Commerce. (2000-56, s. 4.)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 10 - Department of Commerce. › § 143B-431.3 - Human trafficking public awareness sign.

§ 143B-431.3. Human trafficking public awareness sign.
The Secretary of the Department of Commerce shall require that every JobLink or other center under its authority that offers employment or training services to the public prominently display in a place that is clearly conspicuous and visible to employees and the public a public awareness sign created and provided by the North Carolina Human Trafficking Commission that contains the National Human Trafficking Resource hotline information. (2017-57, s. 17.4(f); 2017-197, s. 5.8.)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 10 - Department of Commerce. › § 143B-432 - Transfers to Department of Commerce.

§ 143B-432. Transfers to Department of Commerce.
(a) The Division of Economic Development of the Department of Natural and Economic Resources, the Science and Technology Committee of the Department of Natural and Economic Resources, and the Science and Technology Research Center of the Department of Natural and Economic Resources are each hereby transferred to the Department of Commerce by a Type I transfer, as defined in G.S. 143A-6.
(b) All functions, powers, duties, and obligations heretofore vested in the following subunits of the Department of Natural Resources and Community Development are hereby transferred to and vested in the Department of Commerce by a Type I transfer as defined in G.S. 143A-6:
(1) Community Assistance Division.
(2) Employment and Training Division.
(c) All functions, powers, duties, and obligations heretofore vested in the following councils of the Department of Natural Resources and Community Development are hereby transferred to and vested in the Department of Commerce by a Type II transfer as defined in G.S. 143A-6:
(1) Repealed by Session Laws 2021-90, s. 9(b), effective July 22, 2021.
(2) Job Training Coordinating Council. (1977, c. 198, s. 1; 1989, c. 727, s. 7; c. 751, s. 7(27); 1989 (Reg. Sess., 1990), c. 1004, s. 32; 1991 (Reg. Sess., 1992), c. 959, s. 51; 2010-180, s. 7(e); 2012-201, s. 9; 2021-90, s. 9(b).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 10 - Department of Commerce. › § 143B-432.1 - Department of Commerce - Small Business Ombudsman.

§ 143B-432.1. Department of Commerce – Small Business Ombudsman.
A Small Business Ombudsman is created in the Department of Commerce to work with small businesses to ensure they receive timely answers to questions and timely resolution of issues involving State government. The Small Business Ombudsman shall have the authority to make inquiry of State agencies on behalf of a business, to receive information concerning the status of a business's inquiry, and to convene representatives of various State agencies to discuss and resolve specific issues raised by a business. The Small Business Ombudsman shall also work with the small business community to identify problems in State government related to unnecessary delays, inconsistencies between regulatory agencies, and inefficient uses of State resources. (2004-124, s. 13.9A(e).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 10 - Department of Commerce. › § 143B-433 - Department of Commerce organization.

§ 143B-433. Department of Commerce – organization.
The Department of Commerce shall be organized to include:
(1) The following agencies:
a. Repealed by Session Laws 2014-100, s. 15.2A(c), effective October 1, 2014.
b. The North Carolina Utilities Commission.
c. Repealed by Session Laws 2011-401, s. 1.5, effective November 1, 2011.
d. Repealed by Session Laws 2017-57, s. 15.19A(b), effective July 1, 2017.
e. State Banking Commission.
f. Savings Institutions Division.
g. Repealed by Session Laws 2001-193, s. 11, effective July 1, 2001.
h. Credit Union Commission.
i. Repealed by Session Laws 2004-199, s. 27(d), effective August 17, 2004.
j. The North Carolina Mutual Burial Association Commission.
k. Repealed by Session Laws 2012-120, s. 3(g), effective June 28, 2012.
l. The North Carolina Rural Electrification Authority.
m. Repealed by Session Laws 1985, c. 757, s. 179(d).
n. North Carolina Science and Technology Research Center.
o. Repealed by Session Laws 2011-145, s. 14.6(g), effective July 1, 2011.
p. Repealed by Session Laws 2010-180, s. 7(f), effective August 2, 2010.
q. Economic Development Board.
r. Labor Force Development Council.
s., t. Repealed by Session Laws 2000, c. 140, s. 76.(j), effective September 30, 2000.
u. Navigation and Pilotage Commissions established by Chapter 76 of the General Statutes.
v. Repealed by Session Laws 1993, c. 321, s. 313b.
w. The Rural Economic Development Division.
x. The Rural Infrastructure Authority.
(2) Those agencies which are transferred to the Department of Commerce including the:
a. Community Assistance Division.
b. Repealed by Session Laws 2021-90, s. 9(c), effective July 22, 2021.
c. Employment and Training Division.
d. Job Training Coordinating Council.
(3) The Division of Employment Security.
(4) Such divisions as may be established pursuant to Article 1 of this Chapter. (1977, c. 198, s. 1; 1979, c. 668, s. 2; 1981, c. 412, ss. 4, 5; 1983, c. 899, s. 1; 1985, c. 757, s. 179(d); 1989, c. 76, s. 26; c. 727, s. 8; c. 751, s. 7(28); 1991 (Reg. Sess., 1992), c. 959, s. 52; 1993, c. 321, s. 313(b); 1998-217, s. 19; 2000-140, s. 76(j); 2001-193, s. 11; 2004-199, s. 27(d); 2010-180, s. 7(f); 2011-145, s. 14.6(g); 2011-401, s. 1.5; 2012-120, s. 3(g); 2013-360, s. 15.10(e); 2014-100, s. 15.2A(c); 2017-57, s. 15.19A(b); 2021-90, s. 9(c).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 10 - Department of Commerce. › § 143B-435 - Publications.

§ 143B-435. Publications.
The Department of Commerce may also cause to be prepared for publication, from time to time, reports and statements, with illustrations, maps and other descriptions, which may adequately set forth the natural and material resources of the State and its industrial and commercial developments, with a view to furnishing information to educate the people with reference to the material advantages of the State, to encourage and foster existing industries, and to present inducements for investment in new enterprises. Such information shall be published and distributed as the Department of Commerce may direct. The costs of publishing and distributing such information shall be paid from:
(1) State funds as other public documents; or
(2) Private funds received:
a. As donations, or
b. From the sale of appropriate advertising in such published information. (1925, c. 122, s. 11; 1973, c. 1262, s. 28; 1977, c. 198, ss. 20, 26; 1989, c. 751, s. 7(30); 1989 (Reg. Sess., 1990), c. 1066, s. 55; 1991 (Reg. Sess., 1992), c. 959, s. 55.)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 10 - Department of Commerce. › § 143B-435.1 - Clawbacks.

§ 143B-435.1. Clawbacks.
(a) Clawback Defined. – For the purpose of this Article, a clawback is a requirement that all or part of an economic development incentive will be returned or forfeited if the recipient business does not fulfill its responsibilities under the incentive law, contract, or both.
(b) Findings. – The General Assembly finds that in order for a clawback to be effective, there must be monitoring and reporting regarding the business's performance of its responsibilities and a mechanism for obtaining repayment if the clawback requiring the return of previously disbursed funding is triggered. Clawback provisions are essential to protect the State's investment in a private business and ensure that the public benefits from the incentive will be secured.
(c) Catalog. – The Department of Commerce shall catalog all clawbacks in State and federal programs it administers, whether provided by statute, by rule, or under a contract. The catalog must include a description of each clawback, the program to which it applies, and a citation to its source. The Department shall publish the catalog on its Web site and update it every six months.
(d) Report. – By April 1 and October 1 of each year, the Department of Commerce shall report to the Revenue Laws Study Committee, the chairs of the Senate Appropriations Committee on Agriculture, Natural, and Economic Resources, the chairs of the House of Representatives Appropriations Committee on Agriculture and Natural and Economic Resources, and the Joint Legislative Economic Development and Global Engagement Oversight Committee, the Senate Appropriations Committee on Natural and Economic Resources, the House of Representatives Appropriations Subcommittee on Natural and Economic Resources, and the Fiscal Research Division of the Legislative Services Commission on (i) all clawbacks that have been triggered under the One North Carolina Fund established pursuant to G.S. 143B-437.71, the Job Development Investment Grant Program established pursuant to G.S. 143B-437.52, Job Maintenance and Capital Development Fund established pursuant to G.S. 143B-437.012, the Utility Account established pursuant to G.S. 143B-437.01, and the Site Infrastructure Fund established pursuant to G.S. 143B-437.02 and (ii) its progress on obtaining repayments. The report must include the name of each business, the event that triggered the clawback, and the amount forfeited or to be repaid. (2007-515, s. 6; 2012-142, s. 13.4(b); 2013-360, s. 15.18(d); 2017-57, s. 14.1(s); 2018-142, s. 13(a).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 10 - Department of Commerce. › § 143B-436 - Advertising of State resources and advantages.

§ 143B-436. Advertising of State resources and advantages.
It is hereby declared to be the duty of the Department of Commerce to map out and to carry into effect a systematic plan for the nationwide advertising of North Carolina, properly presenting, by the use of any available advertising media, the true facts concerning the State of North Carolina and all of its resources. (1937, c. 160; 1953, c. 808, s. 4; 1973, c. 1262, s. 86; 1977, c. 198, ss. 20, 26; 1989, c. 751, s. 7(31); 1991 (Reg. Sess., 1992), c. 959, s. 56.)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 10 - Department of Commerce. › § 143B-437 - Investigation of impact of proposed new and expanding industry.

§ 143B-437. Investigation of impact of proposed new and expanding industry.
The Department of Commerce shall conduct an evaluation in conjunction with the Department of Environmental Quality of the effects on the State's natural and economic environment of any new or expanding industry or manufacturing plant locating in North Carolina. (1971, c. 824; 1973, c. 1262, ss. 28, 86; 1977, c. 198, ss. 19, 26; c. 771, s. 4; 1989, c. 727, s. 218(153); c. 751, s. 7(32); 1991 (Reg. Sess., 1992), c. 959, s. 57; 1997-443, s. 11A.119(a); 2015-241, s. 14.30(u).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 10 - Department of Commerce. › § 143B-437.04 - Community development block grants.

§ 143B-437.04. Community development block grants.
(a) The Department of Commerce shall adopt guidelines for the awarding of Community Development Block Grants to ensure that:
(1) No local match is required for grants awarded for projects located in counties that have one of the 25 highest rankings under G.S. 143B-437.08.
(2) To the extent practicable, priority consideration for grants is given to projects located in counties that have met the conditions of subdivision (a)(1) of this section or in urban progress zones that have met the conditions of subsection (b) of this section.
(3) Priority consideration is given to projects located in areas annexed by a municipality under Article 4A of Chapter 160A of the General Statutes in order to provide water or sewer services to low-income residents. For purposes of this section, low-income residents are those with a family income that is eighty percent (80%) or less of median family income.
(b) In order to qualify for the benefits of this section, after an area is designated an urban progress zone under G.S. 143B-437.09, the governing body of the city in which the zone is located must adopt a strategy to improve the zone and establish an urban progress zone committee to oversee the strategy. The strategy and the committee must conform with requirements established by the Secretary of Commerce. (1996, 2nd Ex. Sess., c. 13, s. 3.6; 1997-456, s. 27; 1998-55, s. 3; 2006-252, s. 2.5; 2007-323, s. 13.18(h); 2011-396, s. 11.1; 2018-5, s. 15.2(e).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 10 - Department of Commerce. › § 143B-437.05 - Regional Development.

§ 143B-437.05. Regional Development.
The Department of Commerce shall review the Economic Development Board's annual report on economic development to evaluate the progress of development in each of the economic regions defined by the Board in its Comprehensive Strategic Economic Development Plan. In its recruitment and development work, the Department shall strive for balance and equality among the economic regions and shall use its best efforts to locate new industries in the less developed areas of the State. (1996, 2nd Ex. Sess., c. 13, s. 3.10; 1997-456, s. 27.)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 10 - Department of Commerce. › § 143B-437.010 - Agrarian growth zone designation.

§ 143B-437.010. Agrarian growth zone designation.
(a) Agrarian Growth Zone Defined. – An agrarian growth zone is an area that meets all of the following conditions:
(1) It is comprised of one or more contiguous census tracts, census block groups, or both, in the most recent federal decennial census.
(2) All of the area is located in whole within a county that has no municipality with a population in excess of 10,000.
(3) Every census tract and census block group that comprises the area either has more than twenty percent (20%) of its population below the poverty level or is adjacent to another census tract or census block group in the zone that has more than twenty percent (20%) of its population below the poverty level according to the most recent federal decennial census.
(4) The zone as a whole has more than twenty percent (20%) of its population below the poverty level according to the most recent federal decennial census.
(b) Limitation and Designation. – The area of a county that is included in one or more agrarian growth zones shall not exceed five percent (5%) of the total area of the county. Upon application of a county, the Secretary of Commerce shall make a written determination whether an area is an agrarian growth zone that satisfies the conditions of subsection (a) of this section. The application shall include all of the information listed in this subsection. A determination under this section is effective until December 31 of the year following the year in which the determination is made. The Department of Commerce shall publish annually a list of all agrarian growth zones with a description of their boundaries.
(1) A map showing the census tracts and block groups that would comprise the zone.
(2) A detailed description of the boundaries of the area that would comprise the zone.
(3) A certification regarding the size of the proposed zone.
(4) Detailed census information on the county and the proposed zone.
(5) A resolution of the board of county commissioners requesting the designation of the area as an agrarian growth zone.
(6) Any other material required by the Secretary of Commerce.
(c) Parcel of Property Partially in Agrarian Growth Zone. – For the purposes of this section, a parcel of property that is located partially within an agrarian growth zone is considered entirely within the zone if all of the following conditions are satisfied:
(1) At least fifty percent (50%) of the parcel is located within the zone.
(2) The parcel was in existence and under common ownership prior to the most recent federal decennial census.
(3) The parcel is a portion of land made up of one or more tracts or tax parcels of land that is surrounded by a continuous perimeter boundary. (2006-252, s. 1.2; 2007-484, s. 33(a); 2007-515, s. 3; 2010-147, s. 1.2.)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 10 - Department of Commerce. › § 143B-437.013 - Port enhancement zone designation.

§ 143B-437.013. Port enhancement zone designation.
(a) Port Enhancement Zone Defined. – A port enhancement zone is an area that meets all of the following conditions:
(1) It is comprised of part or all of one or more contiguous census tracts, census block groups, or both, in the most recent federal decennial census.
(2) All of the area is located within 25 miles of a State port and is capable of being used to enhance port operations.
(3) Every census tract and census block group that comprises the area has at least eleven percent (11%) of households with incomes of fifteen thousand dollars ($15,000) or less.
(b) Limitations and Designation. – The area of a county that is included in one or more port enhancement zones shall not exceed five percent (5%) of the total area of the county. Upon application of a county, the Secretary of Commerce shall make a written determination whether an area is a port enhancement zone that satisfies the conditions of subsection (a) of this section. The application shall include all of the information listed in this subsection. A determination under this section is effective until December 31 of the year following the year in which the determination is made. The Department of Commerce shall publish annually a list of all port enhancement zones with a description of their boundaries.
(1) A map showing the census tracts and block groups that would comprise the zone.
(2) A detailed description of the boundaries of the area that would comprise the zone.
(3) A certification regarding the size of the proposed zone.
(4) Detailed census information on the county and the proposed zone.
(5) A resolution of the board of county commissioners requesting the designation of the area as a port enhancement zone.
(6) Any other material required by the Secretary of Commerce. (2011-302, s. 5; 2012-74, s. 6(a); 2012-187, s. 15.2(a).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 10 - Department of Commerce. › § 143B-437.4 - NC Green Business Fund and grant program.

§ 143B-437.4. NC Green Business Fund and grant program.
(a) Fund. – The NC Green Business Fund is established as a special revenue fund in the Department of Commerce, and the Department shall be responsible for administering the Fund.
(b) Purposes. – Moneys in the NC Green Business Fund shall be allocated pursuant to this subsection. The Department of Commerce shall make grants from the Fund to private businesses with less than 100 employees, nonprofit organizations, local governments, and State agencies to encourage the expansion of small to medium size businesses with less than 100 employees to help grow a green economy in the State. Moneys in the NC Green Business Fund shall be used for projects that will focus on the following three priority areas listed in this subsection. In selecting between projects that are within a priority area, a project that is located in an Eco-Industrial Park certified under G.S. 143B-437.08 has priority over a comparable project that is not located in a certified Eco-Industrial Park. The priority areas are:
(1) To encourage the development of the biofuels industry in the State. The Department of Commerce may make grants available to maximize development, production, distribution, retail infrastructure, and consumer purchase of biofuels in North Carolina, including grants to enhance biofuels workforce development.
(2) To encourage the development of the green building industry in the State. The Department of Commerce may make grants available to assist in the development and growth of a market for environmentally conscious and energy efficient green building processes. Grants may support the installation, certification, or distribution of green building materials; energy audits; and marketing and sales of green building technology in North Carolina, including grants to enhance workforce development for green building processes.
(3) To attract and leverage private-sector investments and entrepreneurial growth in environmentally conscious clean technology and renewable energy products and businesses, including grants to enhance workforce development in such businesses.
(c) Cap and Matching Funds. – The Department of Commerce may set a cap on a grant from the NC Green Business Fund and may require a private business to provide matching funds for a grant from the Fund. A grant to a project located in an Eco-Industrial Park certified under G.S. 143B-437.08 is not subject to a cap or a requirement to provide matching funds. (2007-323, s. 13.2(a); 2010-147, s. 5.2.)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 10 - Department of Commerce. › § 143B-437.5 - Green Business Fund Advisory Committee.

§ 143B-437.5. Green Business Fund Advisory Committee.
The Department of Commerce may establish an advisory committee to assist in the development of the specific selection criteria and the grant-making process of the NC Green Business Fund. (2007-323, s. 13.2(a).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 10 - Department of Commerce. › § 143B-437.6 - Agreements required.

§ 143B-437.6. Agreements required.
Funds may be disbursed from the NC Green Business Fund only in accordance with agreements entered into between the Department of Commerce and an eligible grantee. Each agreement must contain the following provisions:
(1) A description of the acceptable uses of grant proceeds. The agreement may limit the use of funds to specific purposes or may allow the funds to be used for any lawful purposes.
(2) A provision allowing the Department of Commerce to inspect all records of the business that may be used to confirm compliance with the agreement or with the requirements of this Part.
(3) A provision establishing the method for determining compliance with the agreement.
(4) A provision establishing a schedule for disbursement of funds under the agreement.
(5) A provision requiring recapture of grant funds if a grantee subsequently fails to comply with the terms of the agreement.
(6) Any other provision the State finds necessary to ensure the proper use of State funds. (2007-323, s. 13.2(a).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 10 - Department of Commerce. › § 143B-437.7 - Program guidelines.

§ 143B-437.7. Program guidelines.
The Department of Commerce shall develop guidelines related to the administration of the NC Green Business Fund and to the selection of projects to receive allocations from the Fund, including project evaluation measures. At least 20 days before the effective date of any guidelines or nontechnical amendments to guidelines, the Department of Commerce must publish the proposed guidelines on the Department's Web site and provide notice to persons who have requested notice of proposed guidelines. In addition, the Department must accept oral and written comments on the proposed guidelines during the 15 business days beginning on the first day that the Department has completed these notifications. For the purpose of this section, a technical amendment is either of the following:
(1) An amendment that corrects a spelling or grammatical error.
(2) An amendment that makes a clarification based on public comment and could have been anticipated by the public notice that immediately preceded the public comment. (2007-323, s. 13.2(a).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 10 - Department of Commerce. › § 143B-437.8 - Reports.

§ 143B-437.8. Reports.
Grants made to non-State entities through the NC Green Business Fund shall be subject to the oversight and reporting requirements of G.S. 143C-6-23. The Department of Commerce shall publish a report on the commitment, disbursement, and use of funds allocated from the NC Green Business Fund at the end of each fiscal year. The report is due no later than September 1 and must be submitted to the following:
(1) Repealed by Session Laws 2017-57, s. 14.1(z), effective July 1, 2017.
(2) The chairs of the House of Representatives and Senate Finance Committees.
(3) The chairs of the House of Representatives and Senate Appropriations Committees.
(4) The Fiscal Research Division of the General Assembly. (2007-323, s. 13.2(a); 2017-57, s. 14.1(z).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 10 - Department of Commerce. › §§ 143B-437.10: Recodified as G.S. 143B-437.010 by Session Laws 2007-484, s.33(a), effective July 1, 2007.

§ 143B-437.10: Recodified as G.S. 143B-437.010 by Session Laws 2007-484, s.33(a), effective July 1, 2007.
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 10 - Department of Commerce. › §§ 143B-437.11: Recodified as G.S. 143B-437.012 by Session Laws 2008-187, s. 26(a), effective August 7, 2008.

§ 143B-437.11: Recodified as G.S. 143B-437.012 by Session Laws 2008-187, s. 26(a), effective August 7, 2008.
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 10 - Department of Commerce. › §§ 143B-437.14 through 143B-437.16: Recodified as Part 32 of Article 7 of Chapter 143B, G.S. 143B-344.42 through G.S. 143B-344.44, by Session Laws 2013-360, s. 15.22(b), effective July 1, 2013.

§§ 143B-437.14 through 143B-437.16: Recodified as Part 32 of Article 7 of Chapter 143B, G.S. 143B-344.42 through G.S. 143B-344.44, by Session Laws 2013-360, s. 15.22(b), effective July 1, 2013.
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 10 - Department of Commerce. › § 143B-437.15 - 143B-437.14 through 143B-437.16: Recodified as Part 32 of Article 7 of Chapter 143B, G.S. 143B-344.42 through G.S. 143B-344.44, by Session Laws 2013-360, s. 15.22(b), effective July 1, 2013.

§§ 143B-437.14 through 143B-437.16: Recodified as Part 32 of Article 7 of Chapter 143B, G.S. 143B-344.42 through G.S. 143B-344.44, by Session Laws 2013-360, s. 15.22(b), effective July 1, 2013.
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 10 - Department of Commerce. › § 143B-437.16 - 143B-437.14 through 143B-437.16: Recodified as Part 32 of Article 7 of Chapter 143B, G.S. 143B-344.42 through G.S. 143B-344.44, by Session Laws 2013-360, s. 15.22(b), effective July 1, 2013.

§§ 143B-437.14 through 143B-437.16: Recodified as Part 32 of Article 7 of Chapter 143B, G.S. 143B-344.42 through G.S. 143B-344.44, by Session Laws 2013-360, s. 15.22(b), effective July 1, 2013.
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 10 - Department of Commerce. › § 143B-437.50 - Legislative findings and purpose.

§ 143B-437.50. Legislative findings and purpose.
The General Assembly finds that:
(1) It is the policy of the State of North Carolina to stimulate economic activity and to create new jobs for the citizens of the State by encouraging and promoting the expansion of existing business and industry within the State and by recruiting and attracting new business and industry to the State.
(2) Both short-term and long-term economic trends at the State, national, and international levels have made the successful implementation of the State's economic development policy and programs both more critical and more challenging; and the decline in the State's traditional industries, and the resulting adverse impact upon the State and its citizens, have been exacerbated in recent years by adverse national and State economic trends that contribute to the reduction in the State's industrial base and that inhibit the State's ability to sustain or attract new and expanding businesses.
(3) The economic condition of the State is not static and recent changes in the State's economic condition have created economic distress that requires a reevaluation of certain existing State programs and the enactment of a new program as provided in this Part that are designed to stimulate new economic activity and to create new jobs within the State.
(4) The enactment of this Part is necessary to stimulate the economy, facilitate economic recovery, and create new jobs in North Carolina; and this Part will promote the general welfare and confer, as its primary purpose and effect, benefits on citizens throughout the State through the creation of new jobs, an enlargement of the overall tax base, an expansion and diversification of the State's industrial base, and an increase in revenue to the State and its political subdivisions.
(5) The purpose of this Part is to stimulate economic activity and to create new jobs within the State.
(6) It is not the intent of the General Assembly that grants provided through this Part be used as venture capital funds, business incubator funds, or business start-up funds or to otherwise fund the initial capitalization needs of new businesses.
(7) Nothing in this Part shall be construed to constitute a guarantee or assumption by the State of any debt of any business or to authorize the taxing power or the full faith and credit of the State to be pledged. (2002-172, s. 2.1(a); 2003-416, s. 2.)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 10 - Department of Commerce. › § 143B-437.56A - Multilocation projects.

§ 143B-437.56A. Multilocation projects.
(a) General Rule. – Except as provided in subsection (b) of this section, if a project will be located in more than one development tier area, the location with the highest area designation determines the standards applicable under this Part to the project.
(b) Incipient Enhancement. – For purposes of G.S. 143B-437.56(d), if a project will be located in more than one development tier area, the location with the lowest area designation determines the percentage of the annual grant approved for disbursement payable to the Utility Account pursuant to G.S. 143B-437.61 if (i) the project will have at least one location in a development tier three area, (ii) the project will have at least one location in a development tier one or two area, and (iii) at least sixty-six percent (66%) of the number of eligible positions created or the total benefits of the project to the State, as calculated pursuant to G.S. 143B-437.52, or both are located in the lowest area designation.
(c) Coincident Bonus. – The annual grant approved for disbursement payable to a business meeting all of the requirements of this subsection shall be increased by twenty percent (20%). The amount of increase allowed pursuant to this subsection shall not be included for purposes of calculating the award limitations provided in G.S. 143B-437.52 and G.S. 143B-437.56(e). The requirements for the increase allowed in this section are the following:
(1) The business was awarded the grant for locating a company headquarters, as defined in G.S. 143B-437.01.
(2) The business announces during the base period the relocation from another state to a development tier one or two area a manufacturing operation of (i) the business or (ii) a business that controls, is controlled by, or is under common control with the business.
(3) The relocation will result in the business creating a number of positions to be filled by new full-time employees in this State (i) equal to or greater than the applicable minimum number of jobs set forth for the location in G.S. 143B-437.53(a) and (ii) with withholdings equal to or greater than the amount of the bonus allowed under this subsection. The positions required by this subdivision must qualify as eligible positions under the agreement but for the requirement of being filled during the base period.
(4) The number of positions required in subdivision (3) of this subsection are filled for the year in which the annual grant is increased. (2016-94, s. 15.7(b); 2022-72, s. 5.1(a).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 10 - Department of Commerce. › § 143B-437.58 - Grant recipient to submit records.

§ 143B-437.58. Grant recipient to submit records.
(a) No later than March 1 of each year, for the preceding grant year, every business that is awarded a grant under this Part shall submit to the Department of Revenue an annual payroll report showing withholdings as a condition of its continuation in the grant program and identifying eligible positions that have been created during the base period that remain filled at the end of each year of the grant. Annual reports submitted to the Department of Revenue shall include social security numbers of individual employees identified in the reports. Upon request of the Committee, the business shall also submit a copy of its State and federal tax returns to the Department of Revenue. The Committee may inspect the information submitted to the Department of Revenue pursuant to this section at the Department of Revenue for purposes of award verification and calculation. Payroll and tax information, including social security numbers of individual employees and State and federal tax returns, submitted under this subsection is tax information subject to G.S. 105-259. Aggregated payroll or withholding tax information submitted or derived under this subsection is not tax information subject to G.S. 105-259. When making a submission under this section, the business must pay the Department of Revenue a fee of the greater of two thousand five hundred dollars ($2,500) or three one-hundredths of one percent (.03%) of an amount equal to the grant less the maximum amount to be transferred pursuant to G.S. 143B-437.61. The fee is due at the time the submission is made. The Secretary of Commerce, the Secretary of Revenue, and the Director of the Office of State Budget and Management shall determine the allocation of the fee imposed by this section among their agencies. The proceeds of the fee are receipts of the agency to which they are credited.
(b) The Committee may require any information that it considers necessary to effectuate the provisions of this Part.
(c) The Committee may require any business receiving a grant to submit to an audit at any time.
(d) The reporting procedures of this section are in lieu of any other general reporting requirements relating to private entities that receive State funds. (2002-172, s. 2.1(a); 2003-416, s. 2; 2004-124, s. 32G.1(d); 2006-168, s. 1.7; 2006-264, s. 69(f); 2009-394, s. 4; 2013-360, s. 15.21(a); 2018-5, s. 15.1(f).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 10 - Department of Commerce. › § 143B-437.59 - Failure to comply with agreement.

§ 143B-437.59. Failure to comply with agreement.
(a) If the business receiving a grant fails to meet or comply with any condition or requirement set forth in an agreement or with criteria developed by the Committee in consultation with the Attorney General, the Committee shall reduce the amount of the grant or the term of the agreement, may terminate the agreement, or both. The reduction in the amount or the term must, at a minimum, be proportional to the failure to comply measured relative to the condition or criterion with respect to which the failure occurred. The Committee may reduce the amount or term of a grant by formally approving a motion to reduce such grant in accordance with program policies adopted by the Committee for the treatment of failures by businesses to meet or comply with a condition or requirement set forth in the grant agreement, and it shall not be necessary to execute an amendment to the applicable grant agreement. The Committee shall notify any such affected business of the reduction to its grant payment, reflected in any such motion.
(b) If a business fails to maintain employment at the levels stipulated in the agreement or otherwise fails to comply with any condition of the agreement for any two consecutive years:
(1) If the business is still within the base period established by the Committee, the Committee shall withhold the grant payment for any consecutive year after the second consecutive year remaining in the base period in which the business fails to comply with any condition of the agreement, and the Committee may extend the base period for up to 24 additional months. Under no circumstances may the Committee extend the base period by more than a total of 24 months. In no event shall the term of the grant be extended beyond the date set by the Committee at the time the Committee awarded the grant.
(2) If the business is no longer within the base period established by the Committee, the Committee shall terminate the agreement.
(c) Notwithstanding the provisions of subsections (a) and (b) of this section, if the Committee finds that the business has manipulated or attempted to manipulate employee withholdings with the purpose of increasing the amount of a grant, the Committee shall immediately terminate the agreement and take action to recapture any grant funds disbursed in any year in which the Committee finds the business manipulated or attempted to manipulate employee withholdings with the purpose of increasing the amount of the grant. (2002-172, s. 2.1(a); 2003-416, s. 2; 2006-168, s. 1.8; 2009-394, s. 5; 2010-91, s. 8.)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 10 - Department of Commerce. › § 143B-437.60 - Disbursement of grant.

§ 143B-437.60. Disbursement of grant.
A business may not receive an annual disbursement of a grant if, at the time of disbursement, the business has received a notice of an overdue tax debt and that overdue tax debt has not been satisfied or otherwise resolved. A business may receive an annual disbursement of a grant only after the Committee has certified that there are no outstanding overdue tax debts and that the business has met the terms and conditions of the agreement. No amount shall be disbursed to a business as a grant under this Part in any year until the Secretary of Revenue has certified to the Committee (i) that there are no outstanding overdue tax debts of the business and (ii) the amount of withholdings received in that year by the Department of Revenue from the business. A business that has met the terms of the agreement shall make an annual certification of this to the Committee. The Committee shall require the business to provide any necessary evidence of compliance to verify that the terms of the agreement have been met. The Committee shall certify the grant amount for which the business is eligible under the agreement and the grant amount for which the business would be eligible under the agreement without regard to G.S. 143B-437.56(d). The Department of Commerce shall remit a check to the business in the amount of the certified grant amount within 90 days of receiving the certification of the Committee. (2002-172, s. 2.1(a); 2003-416, s. 2; 2006-168, s. 1.9.)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 10 - Department of Commerce. › § 143B-437.61 - Transfer to Industrial Development Fund Utility Account.

§ 143B-437.61. Transfer to Industrial Development Fund Utility Account.
At the time the Department of Commerce remits a check to a business under G.S. 143B-437.60, the Department of Commerce shall transfer to the Utility Account an amount equal to the amount certified by the Committee as the difference between the amount of the grant and the amount of the grant for which the business would be eligible without regard to G.S. 143B-437.56(d). (2002-172, s. 2.1(a); 2003-416, s. 2; 2006-168, s. 1.10; 2013-360, s. 15.18(g).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 10 - Department of Commerce. › § 143B-437.62 - Expiration.

§ 143B-437.62. Expiration.
The authority of the Committee to award new grants expires January 1, 2030. (2002-172, s. 2.1(a); 2003-416, s. 2; 2004-124, s. 32G.1(a); 2005-241, s. 3; 2006-168, s. 1.11; 2009-394, s. 6; 2015-259, s. 1(g); 2015-264, s. 91(a); 2017-57, s. 15.15(a); 2020-58, s. 7.4.)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 10 - Department of Commerce. › § 143B-437.63 - JDIG Program cash flow requirements.

§ 143B-437.63. JDIG Program cash flow requirements.
Notwithstanding any other provision of law, grants made through the Job Development Investment Grant Program, including amounts transferred pursuant to G.S. 143B-437.61, shall be budgeted and funded on a cash flow basis. The Department of Commerce shall disburse funds in an amount sufficient to satisfy grant obligations and amounts to be transferred pursuant to G.S. 143B-437.61 to be paid during the fiscal year. It is the intent of the General Assembly to appropriate funds annually to the JDIG Program established in this Part in amounts sufficient to meet the anticipated cash requirements for each fiscal year. (2004-124, s. 6.12(b); 2009-445, s. 40; 2009-570, s. 22; 2016-94, s. 15.2(a).)