reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter C - ENERGY IMPROVEMENT LOAN PROGRAM › Section .0200 - LOANS › Section 41C .0209 - REPORTS

Current through Register Vol. 39, No. 2, July 15, 2024
Reports shall be submitted by the borrower as
					 follows:
(1) progress reports shall be
				  submitted quarterly to the State Energy Office during the period of
				  implementation or while installation is in progress and shall include a
				  description of:
(a) the current
				  status;
(b) any problems;
				  and
(c) a forecast of expectations
				  or deviations from the Technical Analysis, prepared in accordance with Rule
				  .0303 of this Subchapter.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter C - ENERGY IMPROVEMENT LOAN PROGRAM › Section .0200 - LOANS › Section 41C .0210 - MONITORING

Current through Register Vol. 39, No. 2, July 15, 2024
The Financial Service Division shall monitor the use of the
					 funds under this program through review of reports. The State Energy Office
					 shall monitor those buildings or projects where the energy conservation
					 projects are in progress to verify the installation of the energy conservation
					 measures conforms to the approved Technical Analysis. At least one visit shall
					 be made to the site of each energy conservation project during the life of the
					 loan.
Authority
					 G.S.
					 143B-344.44(b)(3);
					 143B-344.44(b)(4);
Eff. August 1, 2004;
Readopted Eff. June 1,
					 2021.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter C - ENERGY IMPROVEMENT LOAN PROGRAM › Section .0200 - LOANS › Section 41C .0211 - DEFAULT

Current through Register Vol. 39, No. 2, July 15, 2024
If the borrower violates any of the terms of the loan
					 agreement, the Financial Services Division shall place the borrower in default.
					 Borrowers determined to be in default shall be notified by certified mail and
					 the terms of the loan agreement and letter of credit shall be
					 executed.
Authority
					 G.S.
					 143B-344.44(b)(3);
					 143B-344.44(b)(4);
Eff. August 1, 2004;
Readopted Eff. June 1,
					 2021.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter C - ENERGY IMPROVEMENT LOAN PROGRAM › Section .0300 - TECHNICAL ANALYSIS › Section 41C .0301 - TECHNICAL ANALYSIS REQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				  application for an energy conservation loan shall be accompanied by a Technical
				  Analysis that has been conducted by a third-party Technical Analyst and
				  approved by the State Energy Office as fulfilling the energy aspects of the
				  Program.
(b) The Technical Analysis
				  shall address only the specific energy conservation measures for which the loan
				  is being requested. Each energy conservation measure analyzed shall be an
				  individual recommendation incorporating technical and economic analyses of the
				  measure, considering building, process, and equipment characteristics, and
				  energy use patterns pertinent to the improvement. The Technical Analysis shall
				  include the estimated cost of the implementation, a construction schedule, and
				  expected energy savings.
Authority
					 G.S.
					 143B-344.44(b)(3);
					 143B-344.44(b)(4);
Eff. September 1, 2004;
Readopted Eff. June 1,
					 2021.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter C - ENERGY IMPROVEMENT LOAN PROGRAM › Section .0300 - TECHNICAL ANALYSIS › Section 41C .0302 - TECHNICAL ANALYST DISQUALIFICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A third-party Technical Analyst shall not
				  have a financial interest in the commercial or industrial business, nonprofit
				  organization, local government entity, or residence or in the sale and
				  installation of any proposed energy conservation , measure. However, the
				  third-party Technical Analyst is permitted to provide construction management
				  services to an approved applicant.
(b) An outline of qualifications of the
				  Technical Analyst, documenting previous experience in energy conservation in
				  building construction, mechanical systems, or manufacturing processes shall be
				  submitted in writing to the State Energy Office.
Authority
					 G.S.
					 143B-344.44(b)(3);
					 143B-344.44(b)(4);
Eff. September 1, 2004;
Readopted Eff. June 1,
					 2021.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter C - ENERGY IMPROVEMENT LOAN PROGRAM › Section .0300 - TECHNICAL ANALYSIS › Section 41C .0303 - REPORT REQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
A third-party Technical Analyst shall submit three copies
					 of the results of a Technical Analysis in writing on a form provided by the
					 State Energy Office, which can be found at
					 http://portal.ncdenr.org/web/lr/state-energy-office. The report shall include
					 the following:
(1) a description of
				  the facility characteristics and energy data, including the operational
				  characteristics of the energy-using systems;
(2) a description and engineering analysis of
				  each energy conservation measure, including the following:
(a) an estimate of the cost of design,
				  acquisition, and installation, including monitoring equipment to assess the
				  performance of the measure, discussing assumptions as the Technical Analyst
				  deems necessary;
(b) an estimate of
				  the annual energy saved and energy cost savings by fuel type, using engineering
				  standards and practices that are recognized by the North Carolina State Board
				  of Examiners for Engineers and Surveyors, including all formulae, data, and
				  assumptions presented in arriving at the estimate;
(c) the results of a combustion efficiency
				  test, if furnace or boiler modifications or replacements are being
				  implemented;
(d) the payback period
				  of each energy conservation measure; and
(e) a proposed construction schedule for each
				  energy conservation measure; and
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter D - ENERGY POLICY ACT CREDIT BANKING AND SELLING PROGRAM › Section .0100 - GENERAL PROVISIONS › Section 41D .0101 - REPEALED - PURPOSE AND ORGANIZATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-58.4;
					 143-58.5;
Eff. May 1,
					 2007;
Repealed Eff. July 1, 2021.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter D - ENERGY POLICY ACT CREDIT BANKING AND SELLING PROGRAM › Section .0100 - GENERAL PROVISIONS › Section 41D .0102 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For the purposes of this Chapter, the following definitions
					 apply:
(1) "AFV" means the same as
				  defined in
				  G.S.143-58.4.
(2) "Alternative fuel" means the same as
				  defined in
				  G.S.
				  143-58.4.
(3) "B20" means the same as defined in
				  G.S.
				  143-58.4.
(4) "Biodiesel Fuel Use Credit" means an
				  EPAct credit given by the U.S. Department of Energy (DOE) for each 450 gallons
				  of pure biodiesel purchased for use in blends of 20% or higher. No credit shall
				  be granted for the petroleum portion of biodiesel fuel blends, pursuant to
				  10 CFR
				  490.703.
(5) "Department" means the same as defined in
				  G.S.
				  143-58.4.
(6) "E85" means the same as defined in
				  G.S.
				  143-58.4.
(7) "Energy Policy Act" means the same as
				  defined in
				  G.S.
				  143-58.4.
(8) "EPAct credit" means the same as defined
				  in G.S.
				  143-58.4.
(9) "FFV" means a flexible fuel vehicle that
				  is capable of operating on both E85 and gasoline.
(10) "LDV" means a light duty vehicle that
				  has less than an 8,500 lb gross vehicle weight rating (GVWR).
(11) "NC Alternative Fuel Consortium" means a
				  voluntary group of State agencies, institutions, and interested entities that
				  meet quarterly and is hosted by the State Energy Office to coordinate
				  alternative fuel and petroleum displacement activities in North
				  Carolina.
(12) "OEM" means original
				  equipment manufacturer.
(13) "SEO"
				  means the State Energy Office.
(14)
				  "U.S. DOE" means the United States Department of Energy.
(15) "U.S. EPA" means the United States
				  Environmental Protection Agency.
Authority
					 G.S.
					 143-58.4;
					 143-58.5;
Eff. May 1,
					 2007;
Readopted Eff. June 1,
					 2021.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter D - ENERGY POLICY ACT CREDIT BANKING AND SELLING PROGRAM › Section .0200 - CREDIT BANKING AND SELLING PROGRAM PROVISIONS › Section 41D .0201 - BANKING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) EPActs credits
				  shall be accrued and banked according to the following:
(1) The U.S. DOE Alternative Fuel
				  Transportation Program 10 CFR Part 490, which is incorporated by reference
				  including subsequent amendments and editions and can be found at no charge at
https://www.ecfr.gov/cgi-bin/ECFR?page=browse
,
				  requires that 75% of LDVs acquired by state fleets shall be FFVs, compressed
				  natural gas vehicles, propane vehicles, or electric vehicles;
(2) One credit shall be earned for each OEM
				  or EPA certified retrofit FFV, compressed natural gas vehicle, propane vehicle,
				  or electric vehicle purchased;
(3)
				  Credits that exceed the annual minimum State AFV acquisition requirements shall
				  be banked through the U.S. Department of Energy's Alternative Fuel
				  Transportation Program to meet future year requirements or traded;
(4) State fleet cars can earn Biodiesel Fuel
				  Use Credits to meet 50% of their annual AFV acquisition requirements by
				  purchasing and using biodiesel; and
(5) Biodiesel Fuel Use Credits cannot be
				  traded or banked.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter D - ENERGY POLICY ACT CREDIT BANKING AND SELLING PROGRAM › Section .0200 - CREDIT BANKING AND SELLING PROGRAM PROVISIONS › Section 41D .0202 - SELLING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The State
				  Energy Office shall form a Credit Selling Work Group to determine the number of
				  excess credits to be sold as follows:
(1) The
				  Credit Selling Work Group shall consist of:
(A) the Department of Administration Motor
				  Fleet Management designee;
(B) the
				  Department of Transportation Equipment Unit designee;
(C) the State Energy Office designee;
				  and
(D) the Designees of other
				  State agencies and institutions that generate EPAct credits; and
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter D - ENERGY POLICY ACT CREDIT BANKING AND SELLING PROGRAM › Section .0300 - PROCEEDS AND DISTRIBTUTION › Section 41D .0301 - PROCEEDS AND DISTRIBUTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Funds generated by the sale or transfer of EPAct credits by the State Energy
				  Office shall be deposited into the Alternative Fuel Revolving Fund.
(b) The following shall be undertaken to
				  determine the distribution of proceeds from the Alternative Fuel Revolving
				  Fund:
(1) The State Energy Office shall
				  annually inform the NC Alternative Fuel Consortium of the amount of revenue
				  accrued to the Alternative Fuel Revolving Fund and the percentage of these
				  funds that were generated by participating State agencies, institutions, or
				  entities;
(2) The State Energy
				  Office shall organize meetings of the NC Alternative Fuel Consortium and the
				  Credit Selling Work Group to discuss and prioritize distribution of
				  funds;
(3) An annual plan for the
				  dispersion of Alternative Fuel Revolving Funds shall be prepared by the State
				  Energy Office based on recommendations of the Alternative Fuels Consortium and
				  the Credit Selling Work Group; and
(4) The Energy Policy Council shall review
				  and approve the annual plan, pursuant to
				  G.S.
				  113B-6(3).
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter D - ENERGY POLICY ACT CREDIT BANKING AND SELLING PROGRAM › Section .0300 - PROCEEDS AND DISTRIBTUTION › Section 41D .0302 - REPEALED - FUND DISBURSEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-58.4;
					 143-58.5;
Eff. May 1,
					 2007;
Repealed Eff. July 1, 2021.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter D - ENERGY POLICY ACT CREDIT BANKING AND SELLING PROGRAM › Section .0400 - REPORTS › Section 41D .0401 - REPORTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Progress
				  reports shall be submitted biannually by State departments, agencies, and
				  institutions that receive funds from the Alternative Fuel Revolving
				  Fund.
(b) The progress report shall
				  include a description of the current project, number of gallons of alternative
				  fuel or vehicles purchased, and forecast of expectation or deviation from the
				  project schedule.
Authority
					 G.S.
					 143-58.4;
					 143-58.5;
Eff. May 1,
					 2007;
Readopted Eff. June 1,
					 2021.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 41 - STATE ENERGY OFFICE › Subchapter E - ENERGY POLICY COUNCIL › Section 41E .0101 - EXPIRED - FUNCTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  113B-2;
				  143B-429;
				  143B-430;
				  143B-431;
				  143B-449;
Emergency
				  Regulation Eff. March 6, 1978, for a period of 120 days to expire on July 3,
				  1978;
Made Permanent Eff. July 3, 1978;
Transferred
				  from 04
				  NCAC 12E .0103 Eff. May 15, 2007;
Expired Eff. March 1, 2019 pursuant to
				  G.S.
				  150B-21.3A.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 42 - NORTH CAROLINA COMMISSION ON STATE PROPERTY › Section 42 .0101-.0105 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				G.S.
				143-735;
				143-736;
Temporary
				Adoption Eff. July 29, 2005;
Temporary Adoption Expired May 12,
				2006.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 43 - SURPLUS PROPERTY › Subchapter A - STATE SURPLUS PROPERTY AGENCY › Section .0100 - GENERAL PROVISIONS › Section 43A .0101 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
This Subchapter shall apply to entities engaging in the
					 sale, purchase, or transfer of surplus property through the State Surplus
					 Property Agency.
Authority
					 G.S.
					 143-64.01;
					 143-64.04;
Eff. June
					 1, 2007;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 43 - SURPLUS PROPERTY › Subchapter A - STATE SURPLUS PROPERTY AGENCY › Section .0100 - GENERAL PROVISIONS › Section 43A .0102 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For the purposes of this Chapter, the following definitions
					 apply:
(1) "Employee" includes
				  full-time exempt and non-exempt, part-time, temporary, and permanent employees
				  of a state agency as defined in
				  G.S.
				  143-64.02.
(2) "Fair Market Price" means the agreed
				  price, that price on which the seller, the State Surplus Property Agency and
				  the buyer agree.
(3) "Immediate
				  Family" means spouse or children/stepchildren under the age of 18.
(4) "SSPA" means the State Surplus Property
				  Agency.
(5) "State-Owned" means in
				  the possession of the State of North Carolina and purchased with State funds,
				  property donated to the State, or property purchased with other funds that give
				  ownership of the property to the state.
(6) "Surplus Property" means property no
				  longer needed by a State agency.
(7) "Non-Profit Tax Exempt organization" is
				  defined in
				  G.S.
				  143-64.02. Note that not all Non-Profit Tax
				  Exempt organizations are eligible to use the services of the State Surplus
				  Property Agency.
Authority
					 G.S.
					 143-64.01;
					 143-64.04;
Eff. July
					 1, 2007;
Amended Eff. April 1, 2009;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 43 - SURPLUS PROPERTY › Subchapter A - STATE SURPLUS PROPERTY AGENCY › Section .0200 - STATE SURPLUS PROPERTY › Section 43A .0201 - SENSITIVE AND CONFIDENTIAL DATA

Current through Register Vol. 39, No. 2, July 15, 2024
The owning agency shall clear and destroy all data from
					 surplus items prior to disposal.
Authority
					 G.S.
					 143-64.01;
					 143-64.04;
Eff. April
					 1, 2009;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 43 - SURPLUS PROPERTY › Subchapter A - STATE SURPLUS PROPERTY AGENCY › Section .0300 - DISPOSAL OF SURPLUS PROPERTY › Section 43A .0301 - TRANSFER OR SALE

Current through Register Vol. 39, No. 2, July 15, 2024
The State Surplus Property Agency shall determine the
					 method of transfer, sale, or disposal of all State owned property in the best
					 interests of the State.
Authority
					 G.S.
					 143-64.01;
					 143-64.04;
Eff. July
					 1, 2007;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 43 - SURPLUS PROPERTY › Subchapter A - STATE SURPLUS PROPERTY AGENCY › Section .0300 - DISPOSAL OF SURPLUS PROPERTY › Section 43A .0302 - NOTIFICATION OF SURPLUS

Current through Register Vol. 39, No. 2, July 15, 2024
State agencies shall notify the State Surplus Property
					 Agency of the Division of Surplus Property of any personal property which is
					 surplus to their needs by entering the necessary information into the
					 electronic State Surplus Property Disposal System. In doing so, agencies may
					 suggest a fair market price which they desire to receive from any disposition
					 made.
Authority
					 G.S.
					 143-64.01;
					 143-64.04;
Eff. June
					 1, 2007;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 43 - SURPLUS PROPERTY › Subchapter A - STATE SURPLUS PROPERTY AGENCY › Section .0300 - DISPOSAL OF SURPLUS PROPERTY › Section 43A .0303 - TRADE-IN

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Agencies
				  desiring to trade-in property for new or replacement property shall gain State
				  Surplus Property Agency approval prior to said trade-in.
(b) Where an agency solicits competition for
				  the purchase of a new item and it appears that a trade-in may be advantageous,
				  the solicitation shall contain a provision requesting that a trade-in allowance
				  be offered and the agency's Purchasing Officer shall seek approval from the
				  State Surplus Property Agency prior to the issuance of a purchase
				  order.
(c) It is the responsibility
				  of the agency to document the advantages to the State of a proposed trade-in.
				  However, the State Surplus Property Agency shall be the final authority when
				  concluding advantages to the State.
(d) Advantages other than for
				  cost-effectiveness and ease of disposal shall be considered exceptions, and
				  shall be documented and approved by the agency head prior to submission to the
				  State Surplus Property Agency for final determination.
Authority
					 G.S.
					 143-64.01;
					 143-64.04;
Eff. June
					 1, 2007;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 43 - SURPLUS PROPERTY › Subchapter A - STATE SURPLUS PROPERTY AGENCY › Section .0300 - DISPOSAL OF SURPLUS PROPERTY › Section 43A .0304 - ORDER OF PRIORITY IN DISPOSITION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In
				  the disposition of state surplus property, the State Surplus Property Agency
				  shall give first priority to other agencies of the state for purchase or
				  transfer. Second priority shall be given to sales to political subdivisions and
				  non-profit tax exempt organizations within the state. Property thus sold must
				  be for the use of the recipient agency, political subdivision or non-profit tax
				  exempt organization with title being in such agency, unit or
				  organization.
(b) All titled
				  vehicles transferred between state agencies must be processed through the State
				  Surplus Property Agency with regard to titles and associated North Carolina
				  Division of Motor Vehicles documents. Vehicles shall be transferred at fair
				  market price.
(c) In making
				  transfers over one hundred fifty dollars ($150.00), the price shall be set by
				  the owning agency in consultation with the State Surplus Property Agency. The
				  price shall be based upon previous sales of similar products on the open
				  market. All transfers of property from or to a receipt-supported agency shall
				  include an exchange of funds.
(d)
				  State surplus property sold to any political subdivision or non-profit tax
				  exempt organization must be retained by the unit or organization not less than
				  12 months before disposal.
Authority
					 G.S.
					 143-64.01;
					 143-64.04;
Eff. July
					 1, 2007;
Amended Eff. April 1, 2009;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 43 - SURPLUS PROPERTY › Subchapter A - STATE SURPLUS PROPERTY AGENCY › Section .0300 - DISPOSAL OF SURPLUS PROPERTY › Section 43A .0305 - DISPOSAL BY EXECUTIVE ORDER

Current through Register Vol. 39, No. 2, July 15, 2024
Notwithstanding
					 01 NCAC
					 43A .0304, the Governor, through Executive
					 Order, may direct the disposal of surplus State property by transfer or
					 donation to any North Carolina State agency or political subdivision or to the
					 State Government of any other State within the United States, in response to a
					 declared Federal or North Carolina State Disaster.
Authority
					 G.S.
					 143-64.01;
					 143-64.04;
Eff. June
					 1, 2007;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 43 - SURPLUS PROPERTY › Subchapter A - STATE SURPLUS PROPERTY AGENCY › Section .0300 - DISPOSAL OF SURPLUS PROPERTY › Section 43A .0306 - BIDDING AND PURCHASES PROHIBITED BY EMPLOYEES AND IMMEDIATE FAMILY MEMBERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) To avoid conflicts of interest, bidding
				  on or purchase of state surplus property is prohibited to State Surplus
				  Property Agency employees and their immediate family members.
(b) All State employees specified as
				  custodian of state property for a state agency, and their immediate family
				  members, are prohibited from bidding on or purchasing the surplus property of
				  the employing state agency.
Authority
					 G.S.
					 143-64.01;
					 143-64.04;
Eff. July
					 1, 2007;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 43 - SURPLUS PROPERTY › Subchapter A - STATE SURPLUS PROPERTY AGENCY › Section .0300 - DISPOSAL OF SURPLUS PROPERTY › Section 43A .0307 - PUBLIC SALE

Current through Register Vol. 39, No. 2, July 15, 2024
Unless otherwise disposed of in accordance with
					 G.S.
					 143-64.03 or Rule .0305 of this Section,
					 State Surplus Property shall be offered for public sale. Public sale is through
					 sealed competitive bids, competitive bids, electronic bids, negative bids,
					 auction, and retail sales.
Authority
					 G.S.
					 143-64.01;
					 143-64.04;
Eff. June
					 1, 2007;
Readopted Eff. November 1,
					 2019.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 43 - SURPLUS PROPERTY › Subchapter A - STATE SURPLUS PROPERTY AGENCY › Section .0300 - DISPOSAL OF SURPLUS PROPERTY › Section 43A .0308 - FIRST-COME FIRST-SERVED

Current through Register Vol. 39, No. 2, July 15, 2024
State surplus property shall be sold on a first-come, first
					 served basis when:
(1) the property is
				  sold at a retail store to the general public; or
(2) the property is transferred to state
				  agencies, political subdivisions, or non-tax exempt organizations.
Authority
					 G.S.
					 143-64.01;
					 143-64.04;
Eff. June
					 1, 2007;
Readopted Eff. November 1,
					 2019.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 43 - SURPLUS PROPERTY › Subchapter A - STATE SURPLUS PROPERTY AGENCY › Section .0300 - DISPOSAL OF SURPLUS PROPERTY › Section 43A .0309 - REJECTION OF BIDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any and all
				  bids may be rejected if in the best interest of the state.
(b) Bids may also be rejected in whole or in
				  part if:
(1) The winning bidder has failed to
				  pay for or pick up surplus property awarded;
(2) The bid is submitted by an ineligible
				  bidder pursuant to Rule .0315 of this Section;
(3) The bid does not comply with the terms
				  and conditions of the State Surplus Property Agency;
(4) The bid is not legible or the information
				  provided is inaccurate, incomplete or needs clarification;
(5) The bid does not comply with the
				  requirements of the request and solicitation as set forth in the bid;
				  or
(6) Bid rejection is recommended
				  by the State Capitol Police, State Bureau of Investigation, Federal Bureau of
				  Investigation, or other Homeland Security entity. In such cases, the security
				  entity must provide a written statement requesting rejection and that the
				  recommendation is based on homeland security concerns. In the event of receipt
				  of a security based bid rejection recommendation, the State Surplus Property
				  Agency shall reject the bid without further supporting documentation.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 43 - SURPLUS PROPERTY › Subchapter A - STATE SURPLUS PROPERTY AGENCY › Section .0300 - DISPOSAL OF SURPLUS PROPERTY › Section 43A .0310 - RECEIPT OF BIDS

Current through Register Vol. 39, No. 2, July 15, 2024
The bidder shall ensure that the bid is received in the
					 State Surplus Property Agency by the time and date set forth in the
					 bid.
Authority
					 G.S.
					 143-64.01;
					 143-64.04;
Eff. June
					 1, 2007;
Readopted Eff. November 1,
					 2019.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 43 - SURPLUS PROPERTY › Subchapter A - STATE SURPLUS PROPERTY AGENCY › Section .0300 - DISPOSAL OF SURPLUS PROPERTY › Section 43A .0311 - INSPECTION OF PROPERTY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All property is
				  sold "as is" and "where is." Bidders may inspect property prior to submitting
				  bids. Opportunity shall be afforded for inspection up to the time a bid is
				  awarded, but no labor or materials shall be furnished to a bidder for such
				  purpose.
(b) Photographs and
				  descriptions are provided for the purpose of aiding the bidder to identify the
				  property and shall not be used to determine quality or condition of the
				  property. Descriptions by the custodian of the property shall not be considered
				  by the State Surplus Property Agency nor shall they be grounds for disputing an
				  award.
Authority
					 G.S.
					 143-64.01;
					 143-64.04;
Eff. June
					 1, 2007;
Readopted Eff. November 1,
					 2019.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 43 - SURPLUS PROPERTY › Subchapter A - STATE SURPLUS PROPERTY AGENCY › Section .0300 - DISPOSAL OF SURPLUS PROPERTY › Section 43A .0312 - STATE DOES NOT GUARANTEE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The description of the property offered for sale is compiled from information
				  available to the State Surplus Property Agency at the time the bid is prepared.
				  All property is sold "as is" and "where is."
(b) State Surplus Property Agency may
				  withdrawal the offer to sell prior to the award when in the best interest of
				  the State.
(c) The winning bidder
				  shall be responsible for any cost of weighing, packaging, crating, loading or
				  hauling of property.
Authority
					 G.S.
					 143-64.01;
					 143-64.04;
Eff. June
					 1, 2007;
Readopted Eff. November 1,
					 2019.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 43 - SURPLUS PROPERTY › Subchapter A - STATE SURPLUS PROPERTY AGENCY › Section .0300 - DISPOSAL OF SURPLUS PROPERTY › Section 43A .0313 - REFUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No refund shall
				  be made upon the following:
(1) property not
				  meeting the bidder's expectation;
(2) bidder's failure to inspect prior to
				  sale; or
(3) change of condition of
				  property from the time of award to the time of pickup.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 43 - SURPLUS PROPERTY › Subchapter A - STATE SURPLUS PROPERTY AGENCY › Section .0300 - DISPOSAL OF SURPLUS PROPERTY › Section 43A .0314 - EXTENSION TO PAY OR REMOVE PROPERTY

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Extensions to pay or remove property shall be granted under the following
				  conditions:
(1) the purchaser's inability to
				  pay or remove property is due to the actions or inactions of the State Surplus
				  Property Agency or the custodian of the property; and
(2) the State Surplus Property Officer
				  determines that space is available to allow a delay in the removal of
				  property.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 43 - SURPLUS PROPERTY › Subchapter A - STATE SURPLUS PROPERTY AGENCY › Section .0300 - DISPOSAL OF SURPLUS PROPERTY › Section 43A .0315 - FAILURE TO PAY OR REMOVE PROPERTY

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Unless extended in accordance with Rule .0314 of this Chapter, if the bidder
				  fails to pay in full for the property by the time and date indicated on the
				  notice of award, the award shall be rescinded, and the defaulting bidder shall
				  be charged with loss to the State, if any, together with all expenses of the
				  sale.
(b) If the bidder does not
				  remove the property purchased by the time and date indicated on the notice of
				  award, the State Surplus Property Agency shall retain the purchase price, and
				  resell the property a second time and retain all proceeds therefrom.
(c) Bidders who fail to pay shall be
				  ineligible for award of future bids.
Authority
					 G.S.
					 143-64.01;
					 143-64.04;
					 143-64.05;
Eff. June
					 1, 2007;
Readopted Eff. November 1,
					 2019.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 43 - SURPLUS PROPERTY › Subchapter A - STATE SURPLUS PROPERTY AGENCY › Section .0300 - DISPOSAL OF SURPLUS PROPERTY › Section 43A .0316 - BOND

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The selling entity or the State Surplus
				  Property Agency may require performance bonds for the purchase of commodities
				  when hazards to the environment may occur on property and require additional
				  costs.
(b) The selling entity or
				  the State Surplus Property Agency shall set the amount and terms of the bond
				  based on an assessment of the property and estimated value.
(c) Selling agencies shall document the need
				  for performance bonds.
(d) Selling
				  agencies shall request a bond release from the State Surplus Property Agency
				  once the requirements of the bond have been met by the bidder.
(e) Selling agencies shall submit a letter
				  verifying compliance with the terms of the bond to the State Surplus Property
				  Agency for any refund in whole or in part of the performance bond.
(f) The State Surplus Property Agency shall
				  make a determination on releasing the performance bond based on the bidder's
				  level of compliance with the terms of the bond.
Authority
					 G.S.
					 143-53(a);
					 143-64.01;
					 143-64.04;
					 143-64.05;
Eff. June
					 1, 2007;
Readopted Eff. November 1,
					 2019.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 43 - SURPLUS PROPERTY › Subchapter A - STATE SURPLUS PROPERTY AGENCY › Section .0300 - DISPOSAL OF SURPLUS PROPERTY › Section 43A .0317 - DEMOLITION OF STATE BUILDINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The State Surplus Property Agency may, if in the best interest of the State, be
				  responsible for bids and awards of contracts for the demolition of state
				  buildings, including those of universities, hospitals, and other state
				  entities.
(b) The State Surplus
				  Property Office shall send a request for bid to any interested party upon
				  request as well as to entities on a list maintained by the State Surplus
				  Property Office. Request for bids may be sent to the State Surplus Office via
				  mail, email, or through the online listserv request at
				  https://ncadmin.nc.gov/citizens/state-surplus-property/email-notifications.
(c) The owning entity shall submit a letter
				  of approval pursuant to
				  G.S.
				  143-341(4) from the Council
				  of State regarding the demolition of a state building to the State Surplus
				  Property Agency.
(d) The bidder
				  shall obtain all necessary permits, insurances, licenses, performance bonds and
				  other requirements to complete the demolition.
Authority
					 G.S.
					 143-64.01;
					 143-64.04;
					 143-64.05;
Eff. June
					 1, 2007;
Readopted Eff. November 1,
					 2019.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 43 - SURPLUS PROPERTY › Subchapter A - STATE SURPLUS PROPERTY AGENCY › Section .0300 - DISPOSAL OF SURPLUS PROPERTY › Section 43A .0318 - TIMBER SALES, PINESTRAW, AND FOREST COMMODITIES SALES

Current through Register Vol. 39, No. 2, July 15, 2024
The State Surplus Property Agency shall dispose of timber,
					 pine straw, and other forest commodities owned by state agencies through a
					 public sale. A request for bid shall be sent to any interested party upon
					 request as well as to entities on a list maintained by the State Surplus
					 Property Office.
Authority
					 G.S.
					 143-64.01;
					 143-64.04;
Eff. June
					 1, 2007;
Readopted Eff. November 1,
					 2019.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 43 - SURPLUS PROPERTY › Subchapter A - STATE SURPLUS PROPERTY AGENCY › Section .0300 - DISPOSAL OF SURPLUS PROPERTY › Section 43A .0319 - SURPLUS WEAPONS AND FIREARMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  With the exception of service side arms within the scope of
				  G.S.
				  20-187.2, surplus weapons and firearms
				  possessed by the North Carolina State Highway Patrol, North Carolina Division
				  of Adult Correction and Juvenile Justice of the Department of Public Safety and
				  the North Carolina State Bureau of Investigation, may be sold through the State
				  Surplus Property Agency to a federally licensed firearm dealer upon written
				  request pursuant to
				  G.S.
				  143-63.1(d) to sell weapons
				  on their behalf.
(b) The written
				  request shall include the following information for each weapon:
(1) description by make and model
				  number;
(2) serial number;
				  and
(3) any federal or state
				  restrictions on the sale of non-firearm weapons.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 43 - SURPLUS PROPERTY › Subchapter A - STATE SURPLUS PROPERTY AGENCY › Section .0300 - DISPOSAL OF SURPLUS PROPERTY › Section 43A .0320 - PAYMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All payments
				  shall be in the form of cash, credit, debit, cashier's or certified check,
				  postal money order, or other methods as approved by the Department of
				  Administration Fiscal Officer which may include electronic payments.
(b) Payment for retail sales items shall be
				  made at the time of purchase and shall be made at the retail site where the
				  property is located.
(c) Payment in
				  full for all purchases other than those made at a retail site shall be made by
				  the time and date indicated on the notice of award and shall be made directly
				  to the State Surplus Property Agency.
(d) Entities shall not accept payments on
				  behalf of the State Surplus Property Agency.
(e) Extensions to pay or remove property
				  shall be in accordance with
				  01 NCAC
				  43A .0314.
(f) No property may be removed by the bidder
				  prior to full payment of the purchase price.
(g) Entities shall not release property prior
				  to verifying that payment in full has been made to the State Surplus Property
				  Agency. Entities shall assume all responsibility related to the
				  release.
Authority
					 G.S.
					 143-64.01;
					 143-64.04;
Eff. June
					 1, 2007;
Readopted Eff. November 1,
					 2019.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 43 - SURPLUS PROPERTY › Subchapter B - FEDERAL SURPLUS PROPERTY › Section .0100 - GENERAL PROVISIONS › Section 43B .0101-.0102

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-49;
					 143-64.1 to
					 143-64.5;
Eff.
					 February 1, 1976;
Readopted Eff. February 27, 1979;
Transferred from T01-05C Eff. November 25, 1986;
Amended Eff. July
					 1, 1987;
Transferred from T01-04G Eff. November 1,
					 1995;
Amended Eff. February 1, 1996;
Repealed Eff. June
					 1, 2007.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 43 - SURPLUS PROPERTY › Subchapter B - FEDERAL SURPLUS PROPERTY › Section .0200 - STATE SURPLUS PROPERTY › Section 43B .0201-.0215

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-49;
Eff. February 1,
					 1976;
Readopted Eff. February 27, 1979;
Transferred
					 from T01-05C Eff. November 25, 1986;
Amended Eff. November 1, 1988;
					 July 1, 1987; February 1, 1996; March 1, 1994; July 1, 1991;
Transferred from T01-05C Eff. November 25, 1986;
Transferred from
					 T01-04G Eff. November 1, 1995;
Repealed Eff. June 1,
					 2007.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 43 - SURPLUS PROPERTY › Subchapter B - FEDERAL SURPLUS PROPERTY › Section .0200 - STATE SURPLUS PROPERTY › Section 43B .0216 - PAYMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-49;
Eff. February 1,
					 1976;
Readopted Eff. February 27, 1979;
Transferred
					 from T01-05C Eff. November 25, 1986;
Repealed Eff. July 1,
					 1987;
Transferred from T01-04G Eff. November 1,
					 1995.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 43 - SURPLUS PROPERTY › Subchapter B - FEDERAL SURPLUS PROPERTY › Section .0200 - STATE SURPLUS PROPERTY › Section 43B .0217-.0223

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 130A-309.14;
					 143-64.04;
					 143-63.1(d);
					 143-49;
Eff. August
					 1, 1992; November 1, 1988; September 1, 1985; February 1, 1976;
Eff. Readopted Eff. February 27, 1979;
Transferred from T01-05C
					 Eff. November 25, 1986;
Transferred from T01-04G Eff. November 1,
					 1995;
Amended Eff. February 1, 1996; November 1, 1988; July 1,
					 1987;
Repealed Eff. June 1, 2007.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 43 - SURPLUS PROPERTY › Subchapter B - FEDERAL SURPLUS PROPERTY › Section .0200 - STATE SURPLUS PROPERTY › Section 43B .0224 - EXPIRED - RECYCLABLE MATERIAL

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-64.02;
					 143-64.05; S.L. Extra Session
					 1999-463;
Temporary Adoption Eff. April 26, 2000;
Temporary Adoption Expired on February 9,
					 2001.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 43 - SURPLUS PROPERTY › Subchapter B - FEDERAL SURPLUS PROPERTY › Section .0300 - STATE SURPLUS PROPERTY FORMS › Section 43B .0301 - REPEALED - REQUEST FOR BIDS ON SALE OF SURPLUS STATE PROPERTY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 150B-11;
Eff. February 1,
					 1976;
Readopted Eff. February 27, 1979;
Transferred
					 from T01-05C Eff. November 25, 1986;
Amended Eff. November 1,
					 1988;
Transferred from T01-04G Eff. November 1, 1995;
Repealed Eff. June 1, 2007.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 43 - SURPLUS PROPERTY › Subchapter B - FEDERAL SURPLUS PROPERTY › Section .0300 - STATE SURPLUS PROPERTY FORMS › Section 43B .0302 - TERMS AND CONDITIONS OF SALE OF STATE SURPLUS PROPERTY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 150B-11;
Eff. February 1,
					 1976;
Repealed Eff. February 27, 1979;
Transferred from
					 T01-05C Eff. November 25, 1986;
Transferred from T01-04G Eff.
					 November 1, 1995.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 43 - SURPLUS PROPERTY › Subchapter B - FEDERAL SURPLUS PROPERTY › Section .0300 - STATE SURPLUS PROPERTY FORMS › Section 43B .0303 - REPEALED - NOTIFICATION: SALE OF SURPLUS PROPERTY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 150B-11;
Eff. February 1,
					 1976;
Readopted Eff. February 27, 1979;
Transferred
					 from T01-05C Eff. November 25, 1986;
Amended Eff. July 1,
					 1987;
Transferred from T01-04G Eff. November 1, 1995;
Repealed Eff. February 1, 1996.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 43 - SURPLUS PROPERTY › Subchapter B - FEDERAL SURPLUS PROPERTY › Section .0300 - STATE SURPLUS PROPERTY FORMS › Section 43B .0304 - REPEALED - NOTIFICATION: AWARD OF SURPLUS PROPERTY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 150B-11;
Eff. February 1,
					 1976;
Readopted Eff. February 27, 1979;
Transferred
					 from T01-05C Eff. November 25, 1986;
Amended Eff. November 1, 1988;
					 July 1, 1987;
Transferred from T01-04G Eff. November 1,
					 1995;
Repealed Eff. February 1,
					 1996.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 43 - SURPLUS PROPERTY › Subchapter B - FEDERAL SURPLUS PROPERTY › Section .0300 - STATE SURPLUS PROPERTY FORMS › Section 43B .0305 - REPEALED - INVOICE: STATE SURPLUS PROPERTY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 150B-11;
Eff. February 27,
					 1979;
Transferred from T01-05C Eff. November 25, 1986;
Transferred from T01-04G Eff. November 1, 1995;
Repealed Eff. June
					 1, 2007.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 43 - SURPLUS PROPERTY › Subchapter B - FEDERAL SURPLUS PROPERTY › Section .0400 - FEDERAL SURPLUS PROPERTY › Section 43B .0401 - ELIGIBLE INSTITUTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
It shall be the responsibility of the state agency for
					 federal surplus property to determine the eligibility of donees under
					 Public Law
					 94-519 and applicable federal rules and
					 regulations. Application blanks are available from the federal property agency
					 upon request and must be properly completed and returned by the applicant. The
					 individual authorized to obtain property for the donee organization must
					 indicate his name on the application.
Authority
					 G.S.
					 143-64.1 to
					 143-64.5;
Eff.
					 February 1, 1976;
Readopted Eff. February 27, 1979;
Transferred from T01-05C Eff. November 25, 1986;
Amended Eff. July
					 1, 1987;
Transferred from T01-04G Eff. November 1,
					 1995;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 43 - SURPLUS PROPERTY › Subchapter B - FEDERAL SURPLUS PROPERTY › Section .0400 - FEDERAL SURPLUS PROPERTY › Section 43B .0402 - UTILIZATION OF PROPERTY

Current through Register Vol. 39, No. 2, July 15, 2024
Federal law requires donable surplus property acquired from
					 the United States government be put into utilization within one year after date
					 of transfer, that the utilization conforms with federal regulations pertaining
					 to this type property and that there exists a recognizable initial need for the
					 property. Federal surplus property not put in use within 12 months after date
					 of transfer and used for one year thereafter (except as otherwise indicated in
					 1 NCAC
					 05C .0403) may be reclaimed by the federal
					 surplus property agency.
Authority
					 G.S.
					 143-64.1 to
					 143-64.5;
Eff.
					 February 1, 1976;
Readopted Eff. February 27, 1979;
Transferred from T01-05C Eff. November 25, 1986;
Transferred from
					 T01-04G Eff. November 1, 1995;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 43 - SURPLUS PROPERTY › Subchapter B - FEDERAL SURPLUS PROPERTY › Section .0400 - FEDERAL SURPLUS PROPERTY › Section 43B .0403 - COMPLIANCE AND UTILIZATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The state agency shall effect utilization reviews for compliance by donees with
				  the terms, conditions, reservations and restrictions imposed by the Federal and
				  state Government for any item of property having a unit acquisition cost of
				  five thousand dollars ($5,000) or more and any passenger motor
				  vehicle.
(b) Compliance reviews
				  shall include a survey of donee compliance with any special handling conditions
				  or use limitations imposed on items of property.
(c) Compliance reviews shall also include a
				  survey of donee compliance with the statutory requirement that items of donated
				  property acquired by the donee be placed into use within one year of
				  acquisition and used for one year thereafter. However, for items with a unit
				  acquisition cost of five thousand dollars ($5,000) or more and passenger motor
				  vehicles, regardless of acquisition cost, except vessels 50 feet or more in
				  length and aircraft with a unit acquisition cost of five thousand dollars
				  ($5,000) or more, the following restrictions shall apply:
(1) Property shall be used only for the
				  purpose(s) for which acquired and for no other purpose(s).
(2) There shall be a period of restriction
				  which will expire after such property has been used for the purpose(s) for
				  which acquired for a period of 18 months, after being placed in use, on all
				  passenger motor vehicles and other items of property with a unit acquisition
				  cost of five thousand dollars ($5,000) or more, except for such items as major
				  equipment on which the state agency may designate a further period of
				  restriction of up to three years and so indicates on the distribution
				  document.
(3) In the event property
				  is not so used or handled as required above, but federal restrictions have
				  expired, title and right to the possession of such property shall, at the
				  option of the state agency, revert to the State of North Carolina and the donee
				  shall release such property to such person as the state agency shall
				  direct.