North Carolina § 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. History (1977, c. 198, s. 1; 1989, c. 751, s. 7(25); 1991 (Reg. Sess., 1992), c. 959, s. 47.) Editor's Note. - Session Laws 2003-284, ss. 12.4(a) through (e), provide: "(a) Funds appropriated to the Department of Commerce for the One North Carolina - Industrial Recruitment Competitive Fund, unless specifically allocated in this act for another purpose, shall be used to continue the Fund. The purpose of the Fund is to provide financial assistance to those businesses or industries deemed by the Governor to be vital to a healthy and growing State economy and that are making significant efforts to establish or expand in North Carolina. "(b) Moneys allocated from the One North Carolina - Industrial Recruitment Competitive Fund shall be used for the following purposes: "(1) Installation or purchase of equipment. "(2) Structural repairs, improvements, or renovations of existing buildings to be used for expansion. "(3) Construction of or improvements to new or existing water, sewer, gas or electric utility distribution lines or equipment for existing buildings. "(4) Any other purposes specifically provided by an act of the General Assembly. "Moneys may also be used for construction of or improvements to new or existing water, sewer, gas or electric utility distribution lines or equipment to serve new or proposed industrial buildings used for manufacturing and industrial operations. The Governor shall adopt guidelines and procedures for the commitment of moneys from the Fund. "(c) The Department of Commerce shall report on or before September 30, 2003, and quarterly thereafter to the Joint Legislative Commission on Governmental Operations and to the Fiscal Research Division on the commitment, allocation, and use of funds allocated from the One North Carolina - Industrial Recruitment Competitive Fund. "(d) Funds appropriated to the Department of Commerce for the 2002-2003 fiscal year for the One North Carolina - Industrial Recruitment Competitive Fund that are unexpended and unencumbered as of June 30, 2003, shall not revert to the General Fund on June 30, 2003, but shall remain available to the Department for providing financial assistance to those businesses and industries deemed by the Governor to be vital to a healthy and growing State economy and that are making significant efforts to establish or expand in North Carolina. "(e) This section becomes effective June 30, 2003." For similar provisions, see Session Laws 2001-424, ss. 20.3(a) and (b). Session Laws 2003-284, s. 1.2, provides: "This act shall be known as the 'Current Appropriations Act of 2003'." Session Laws 2003-284, s. 49.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2003-2005 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2003-2005 fiscal biennium." Session Laws 2003-284, s. 49.5, is a severability clause. Session Laws 2013-360, s. 15.10B(a), (b), as amended by Session Laws 2014-100, s. 15.8, provides: "(a) Of the funds appropriated in this act to the Department of Commerce (Department), the sum of one million two hundred fifty thousand dollars ($1,250,000) in recurring funds for the 2014-2015 fiscal year and the sum of five hundred thousand dollars ($500,000) in nonrecurring funds for the 2014-2015 fiscal year shall be allocated for the Economic Development Competitive Grant Program for Underserved and Limited Resource Communities. The Department shall establish and implement this Program to provide grants to local governments and/or nonprofit organizations to encourage the development of economic development activities, services, and projects that benefit underserved populations and limited resource communities across the State. "(b) The Department shall develop guidelines and procedures for the administration and distribution of funds allocated to the Economic Development Competitive Grant Program for Underserved and Limited Resource Communities that include, at a minimum, the following: "(1) Eligible organizations shall be nonprofit organizations and local governments that target underserved populations and/or limited resource communities. "(2) Eligible organizations shall make their application in accordance with procedures established by the Department. "(3) Eligible organizations shall not use funds allocated in this section for renting or purchasing land or buildings or for financing debt. "(4) Priority shall be given to eligible organizations that demonstrate established community partnerships and business involvement. "(5) Priority shall be given to eligible organizations that match funds and/or have at least one other significant source of funding. "(6) Priority shall be given to eligible organizations that prioritize independent fundraising to achieve financial sustainability apart from State-funded appropriations." Session Laws 2013-360, s. 15.12, as amended by Session Laws 2013-363, s. 5.10, provides: "The Department of Commerce, Labor and Economic Analysis Division (LEAD), shall develop a standardized performance metric to evaluate whether economic development nonprofits allocated State funds by the Department in the 2013-2015 biennium have achieved their own goals or performance standards. The metric shall include standards for determining whether jobs were actually created, grants were awarded, or loans were made. The information obtained as a result of the metric shall be used by the General Assembly in determining whether to fund the economic development nonprofits in future fiscal years. In order to be eligible to receive State funds, each economic development nonprofit surveyed shall provide to LEAD any information requested to help develop the metric provided for in this section." Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'" Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium." Session Laws 2013-360, s. 38.5, is a severability clause. Session Laws 2020-4, s. 4.2D(a)-(d), as added by Session Laws 2020-80, s. 1.1(e), and as amended by Session Laws 2021-1, s. 3.11, provides: "(a) Program Established. - The Department of Commerce, Office of Science, Technology, and Innovation (Office), shall administer a statewide pilot program (pilot) to promote access to innovative digital and personalized learning solutions for high school students that bridge the gap between chemistry and physical science classes and career and technical education (CTE) career pathways. The local school administrative units shall incorporate the science, technology, engineering, and mathematics (STEM) focused educational software program developed by Plasma Games, Inc., in select STEM classes and their CTE programs to encourage student interest and workforce development for chemistry-dependent industries located in North Carolina, including careers in the pharmaceutical, agricultural technology, biotechnology, textile, material science, energy, minerals and mining, and chemical manufacturing fields. The pilot shall be conducted for the 2020-2021 school year. "(b) Plans for Pilot Implementation. - A local school administrative unit participating in the pilot shall provide the Office with a plan for the placement of the STEM-focused educational technology developed by Plasma Games, Inc., in its schools. The plan shall include implementation of the educational game as a teaching tool for classroom teachers and a new learning platform for students to increase student engagement and discussion, enrich lessons with real-world applications and purpose in STEM fields, and create moments of connection for students with lasting impact on their career pathways. The plan shall also include provisions for professional development and training for teachers, administrators, and other school personnel to facilitate the implementation and success of the pilot. "(c) Funds for the Pilot. - The Office shall use the funds allocated in subdivision (62) of Section 3.3 of this act to provide funds to local school administrative units participating in the pilot. These funds shall be used for licensing fees for the educational software, Plasma Games' operating costs, and for implementation of the pilot by the local school administrative units. "(d) Reporting Requirements. - The local school administrative units participating in the pilot shall provide a report by May 1, 2021, to the Office on implementation of the pilot for that school year, including (i) the use of the funds described in subsection (c) of this section, (ii) the number of students impacted by the pilot and the number of students pursing STEM-related CTE career pathways as a result of the pilot, measured by the number of students declaring interest in a career with a chemistry-dependent industry located in North Carolina and the number of students pursuing higher education in a chemistry-related major or technical certification at a school in North Carolina, (iii) demand and feedback by teachers on the use of the STEM-focused educational technology, and (iv) any other information requested by the Office. "The Office shall provide a report by June 1, 2021, to the Senate Appropriations Committee on Education/Higher Education; House Appropriations Committee on Education; Senate Appropriations Committee on Agriculture, Natural, and Economic Resources; the House of Representatives Appropriations Committee on Agriculture and Natural and Economic Resources; and the Fiscal Research Division on the implementation of the pilot and the information reported by participating local school administrative units pursuant to this section. The report shall include any data on student outcomes related to implementation of the pilot, the expenditure of funds described in subsection (c) of this section, and recommendations by the Office on modification of the pilot and the need for continued support."