North Carolina § 143B-431 - Department of Commerce - functions.

§ 143B-431. Department of Commerce - functions.

The functions of the Department of Commerce, except as otherwise expressly provided by Article 1 of this Chapter or by the Constitution of North Carolina, shall include: All of the executive functions of the State in relation to economic development and employment security, including by way of enumeration and not of limitation, the expansion and recruitment of environmentally sound industry, labor force development, the administration of unemployment insurance, the promotion of and assistance in the orderly development of North Carolina counties and communities, the promotion and growth of the travel and tourism industries, and energy resource management and energy policy development; All functions, powers, duties and obligations heretofore vested in an agency enumerated in Article 15 of Chapter 143A, to wit: Repealed by Session Laws 2014-100, s. 15.2A(b), effective October 1, 2014. The North Carolina Utilities Commission, Repealed by Session Laws 2011-401, s. 1.4, effective November 1, 2011. Repealed by Session Laws 2017-57, s. 15.19A(b), effective July 1, 2017. State Banking Commission and the Commissioner of Banks, Savings Institutions Division, Repealed by Session Laws 2001-193, s. 10, effective July 1, 2001. Credit Union Commission, Repealed by Session Laws 2004-199, s. 27(c), effective August 17, 2004. The North Carolina Mutual Burial Association Commission, The North Carolina Rural Electrification Authority, Repealed by Session Laws 2011-145, s. 14.6(f), effective July 1, 2011. All other functions, powers, duties and obligations as are conferred by this Chapter, delegated or assigned by the Governor and conferred by the Constitution and laws of this State. Any agency transferred to the Department of Commerce by a Type II transfer, as defined by G.S. 143A-6, shall have the authority to employ, direct and supervise professional and technical personnel, and such agencies shall not be accountable to the Secretary of Commerce in their exercise of quasi-judicial powers authorized by statute, notwithstanding any other provisions of this Chapter. The Department of Commerce is authorized to establish and provide for the operation of North Carolina nonprofit corporations for any of the following purposes: To aid the development of small businesses. To achieve the purposes of the United States Small Business Administration's 504 Certified Development Company Program. To acquire options and hold options for the purchase of land under G.S. 143B-437.02. The Department of Commerce is authorized to contract for the preparation of proposals and reports in response to requests for proposals for location or expansion of major industrial projects. The Department of Commerce shall have the following powers and duties with respect to local planning assistance: To provide planning assistance to municipalities and counties and joint and regional planning boards established by two or more governmental units in the solution of their local planning problems. Planning assistance as used in this section shall consist of making population, economic, land use, traffic, and parking studies and developing plans based thereon to guide public and private development and other planning work of a similar nature. Planning assistance shall also include the preparation of proposed subdivision regulations, zoning ordinances, capital budgets, and similar measures that may be recommended for the implementation of such plans. The term planning assistance shall not be construed to include the providing of plans for specific public works. To receive and expend federal and other funds for planning assistance to municipalities and counties and to joint and regional planning boards, and to enter into contracts with the federal government, municipalities, counties, or joint and regional planning boards with reference thereto. To perform planning assistance, either through the staff of the Department or through acceptable contractual arrangements with other qualified State agencies or institutions, local planning agencies, or with private professional organizations or individuals. To assume full responsibility for the proper execution of a planning program for which a grant of State or federal funds has been made and for carrying out the terms of a federal grant contract. To cooperate with municipal, county, joint and regional planning boards, and federal agencies for the purpose of aiding and encouraging an orderly, coordinated development of the State. To establish and conduct, either with its own staff or through contractual arrangements with institutions of higher education, State agencies, or private agencies, training programs for those employed or to be employed in community development activities. The Department of Commerce, with the approval of the Governor, may apply for and accept grants from the federal government and its agencies and from any foundation, corporation, association, or individual and may comply with the terms, conditions, and limitations of such grants in order to accomplish the Department's purposes. Grant funds shall be expended pursuant to the Executive Budget Act. In addition, the Department shall have the following powers and duties with respect to its duties in administering federal programs: To negotiate, collect, and pay reasonable fees and charges regarding the making or servicing of grants, loans, or other evidences of indebtedness. To establish and revise by regulation, in accordance with Chapter 150B of the General Statutes, schedules of reasonable rates, fees, or charges for services rendered, including but not limited to, reasonable fees or charges for servicing applications. Schedules of rates, fees, or charges may vary according to classes of service, and different schedules may be adopted for public entities, nonprofit entities, private for-profit entities, and individuals. To pledge current and future federal fund appropriations to the State from the Community Development Block Grant (CDBG) program for use as loan guarantees in accordance with the provisions of the Section 108 Loan Guarantee program, Subpart M, 24 CFR 570.700, et seq., authorized by the Housing and Community Development Act of 1974 and amendments thereto. The Department may enter into loan guarantee agreements in support of projects sponsored by individual local governments or in support of pools of two or more projects supported by local governments with authorized State and federal agencies and other necessary parties in order to carry out its duties under this subdivision. In making loan guarantees and grants under this subdivision the Department shall take into consideration project applications, geographic diversity and regional balance in the entire community development block grant program. In making loan guarantees authorized under this subdivision, the Department shall ensure that apportionment of the risks involved in pledging future federal funds in accordance with State policies and priorities for financial support of categories of assistance is made primarily against the category from which the loan guarantee originally derived. A pledge of future CDBG funds under this subdivision is not a debt or liability of the State or any political subdivision of the State or a pledge of the faith and credit of the State or any political subdivision of the State. The pledging of future CDBG funds under this subdivision does not directly, indirectly, or contingently obligate the State or any political subdivision of the State to levy or to pledge any taxes, nor may pledges exceed twice the amount of annual CDBG funds. The minimum size of the Section 108 Loan Guarantee is (i) seven hundred fifty thousand dollars ($750,000) for a project supported by an individual local government and (ii) two hundred fifty thousand dollars ($250,000) for a project supported as part of a loan pool; and the maximum size is five million dollars ($5,000,000) per project. The Section 108 Loan Guarantee cannot constitute more than fifty percent (50%) of total project costs. The project has ten percent (10%) equity from the corporation, partnership, or sponsoring party. "Equity" means cash, real estate, or other hard assets contributed to the project and loans that are subordinated in payment and collateral during the term of the Section 108 Loan Guarantee. The project has the personal guarantee of any person owning ten percent (10%) or more of the corporation, partnership, or sponsoring entity, except for projects involving Low-Income Housing Tax Credits under section 42 of the Internal Revenue Code or Historic Tax Credits under section 47 of the Internal Revenue Code. Collateral on the loan must be sufficient to cover outstanding debt obligations. The project has sufficient cash flow from operations for debt service to repay the Section 108 loan. The project meets all underwriting and eligibility requirements of the North Carolina Section 108 Guarantee Program Guidelines and of the Department of Housing and Urban Development regulations, except that projects involving hotels, motels, private recreational facilities, private entertainment facilities, and convention centers are ineligible for Section 108 loan guarantees. The Department of Commerce may establish a clearinghouse for State business license information and shall perform the following duties: Establish a license information service detailing requirements for establishing and engaging in business in the State. Provide the most recent forms and information sheets for all State business licenses. Prepare, publish, and distribute a complete directory of all State licenses required to do business in North Carolina. Upon request, the Department shall assist a person as provided below: Identify the type and source of licenses that may be required and the potential difficulties in obtaining the licenses based on an informal review of a potential applicant's business at an early stage in its planning. Information provided by the Department is for guidance purposes only and may not be asserted by an applicant as a waiver or release from any license requirement. However, an applicant who uses the services of the Department as provided in this subdivision, and who receives a written statement identifying required State business licenses relating to a specific business activity, shall not be assessed a penalty for failure to obtain any State business license which was not identified, provided that the applicant submits an application for each such license within 60 days after written notification by the Department or the agency responsible for issuing the license. Arrange an informal conference between the person and the appropriate agency to clarify licensing requirements or standards, if necessary. Assist in preparing the appropriate application and supplemental forms. Monitor the license review process to determine the status of a particular license. If there is a delay in the review process, the Department may demand to know the reasons for the delay, the action required to end the delay, and shall provide this information to the applicant. The Department may assist the applicant in resolving a dispute with an agency during the application process. If a request for a license is refused, the Department may explain the recourse available to the person under the Administrative Procedure Act. Collaborate with the business license coordinator designated in State agencies in providing information on the licenses and regulatory requirements of the agency, and in coordinating conferences with applicants to clarify license and regulatory requirements. Provide to the Department the most recent application and supplemental forms required for each license issued by the agency, the most recent information available on existing and proposed agency rules, the most recent information on changes or proposed changes in license requirements or agency rules and how those changes will affect the business community, and agency publications that would be of aid or interest to the business community. Work with the Department in scheduling conferences for applicants as provided under this subsection. Determine, upon request of an applicant or the Department, the status of a license application or renewal, the reason for any delay in the license review process, and the action needed to end the delay; and to notify the applicant or Department, as appropriate, of those findings. Work with the Department or applicant, upon request, to resolve any dispute that may arise between the agency and the applicant during the review process. Review agency regulatory and license requirements and to provide a written report to the Department that identifies the regulatory and licensing requirements that affect the business community; indicates which, if any, requirements should be eliminated, modified, or consolidated with other requirements; and explains the need for continuing those requirements not recommended for elimination. Report, on an annual basis, to the Department on the number of licenses issued during the previous fiscal year on a form prescribed by the Department. Financial statements submitted to the Department by a private company or an individual seeking assistance from the Department are not public records as defined in G.S. 132-1. all of which enumerated agencies are hereby expressly transferred by a Type II transfer, as defined by G.S. 143A-6, to this recreated and reconstituted Department of Commerce; and Prior to issuing a Section 108 Loan Guarantee agreement, the Department of Commerce must make the following findings: The Department shall create a loan loss reserve fund as additional security for loans guaranteed under this section and may deposit federal program income or other funds governed by this section into the loan loss reserve fund. The Department shall maintain a balance in the reserve fund of no less than ten percent (10%) of the outstanding indebtedness secured by Section 108 loan guarantees. Each agency shall designate a business license coordinator. The coordinator shall have the following responsibilities: History (1977, c. 198, s. 1; 1987, c. 214; 1989, c. 76, s. 25; c. 751, s. 2; 1991, c. 689, s. 153; 1991 (Reg. Sess., 1992), c. 959, s. 49; 1995, c. 310, s. 1; 1995 (Reg. Sess., 1996), c. 575, s. 1; 2001-193, s. 10; 2004-124, ss. 6.26(c), 6.26(d), 13.9A(c); 2004-199, s. 27(c); 2011-145, s. 14.6(f); 2011-297, s. 3; 2011-401, s. 1.4; 2012-187, s. 10.3; 2014-100, s. 15.2A(b); 2017-57, s. 15.19A(b).) Rural Center/Rural Jobs Fund. - Session Laws 2011-145, s. 14.20(a)-(i), as amended by Session Laws 2011-391, s. 38, provides: "(a) Appropriation. - There is appropriated from the General Fund to the North Carolina Rural Economic Development Center, Inc., (Rural Center) the sum of five million dollars ($5,000,000) for the 2011-2012 fiscal year in nonrecurring funds and the sum of five million dollars ($5,000,000) for the 2012-2013 fiscal year in nonrecurring funds to be used to provide grants to local government units for infrastructure needs as provided in this section. "(b) Definitions. - The following definitions shall apply in this section, unless otherwise provided: "(1) Economically distressed area. - An economically distressed county as defined in G.S. 143B-437.01. "(2) Private sector jobs. - Jobs that are located in or will be created in private, for-profit enterprises. "(3) Rural county. - Any of the 85 rural counties served by the Rural Center. "(c) Eligible Applicants; Eligible Projects. - A local government unit is eligible for a Rural Jobs Infrastructure Grant under the provisions of this section if it meets the eligibility requirements provided in subsection (d) of this section. The funds appropriated in this section may be used to provide grants that meet the requirements of subsections (d) and (e) of this section. Projects addressing the following infrastructure needs are eligible for receiving a Rural Jobs Infrastructure Grant under the provisions of this section: "(1) Public wastewater collection system upgrade, extension, improvements. "(2) Public wastewater treatment works. "(3) Public water system upgrade, extension, improvements. "(4) Natural gas availability. "(5) Fiber availability. "(6) Building restoration or upfits. "(7) Other infrastructure needs as may be determined by the Rural Center's Board of Directors. "(d) Rural Jobs Infrastructure Grants. - A Rural Jobs Infrastructure Grant is available to supplement other funds to be applied to the construction or installation costs of an eligible project. Other funds contributed to the project may include federal funds, State funds, and local funds, including contributions from private sector enterprises that may benefit from the proposed improvements. A Rural Jobs Infrastructure Grant is subject to the following provisions: "(1) Eligibility. - A local government unit is eligible for a Rural Jobs Infrastructure Grant if it is a rural county or is located in a rural county. "(2) Maximum grant amount. - Grant funds shall be available based upon the number of private sector jobs to be created as a result of the investment from the Rural Jobs Infrastructure Grant Fund. An applicant for a grant may request up to five thousand dollars ($5,000) per job to be created. An applicant for a Rural Jobs Infrastructure Grant shall not receive more than five hundred thousand dollars ($500,000) for a proposed infrastructure project. "(3) Matching funds. - A local government unit shall match a Rural Jobs Infrastructure Grant on a dollar-for-dollar basis. As part of the matching funds, recipients of grant funds under the provisions of this section shall contribute a cash match for the grant that is equivalent to at least five percent (5%) of the grant amount. The required applicant cash-matching contribution shall come from local resources and may not be derived from other State or federal grant funds or from funds provided by the Rural Center. "(e) Criteria for Grants. - All requests for Rural Jobs Infrastructure Grants shall do all of the following: "(1) Document the infrastructure needs that the project will address. "(2) Specify the number of jobs that will be created as a result of the infrastructure improvements proposed for funding assistance. "(3) Document the availability of all matching funds. "(4) Identify the private enterprises that will be creating the jobs and provide documentation that the enterprises will agree to contract to produce the number of jobs promised. "(5) Provide any additional documentation requested by the Rural Center to complete its review. "In awarding grants under this section, the Rural Center shall give preference to a resident company. For purposes of this section, the term 'resident company' means a company that has paid unemployment taxes or income taxes in this State and whose principal place of business is located in this State. An application for a project that serves an economically distressed area shall have priority over a project that does not. A Rural Jobs Infrastructure Grant to assist with water infrastructure needs is not subject to the provisions of G.S. 143-355.4. The Board of Directors of the Rural Center may establish additional criteria to effectively allocate the funds appropriated in this section. "(f) Grant Applications. - Any application for a grant under the provisions of this section shall be submitted by the local government unit to the Rural Center. An application shall be submitted on a form prescribed by the Rural Center and shall contain the information required by or subsequently requested by the Rural Center in order to make a determination on the application. An application that does not contain information required for the application or requested by the Rural Center is incomplete and is not eligible for consideration. "(g) Administrative Costs. - The Rural Center may use up to four percent (4%) of the funds appropriated in this section to cover administrative costs for the life of the grant program created under the provisions of this section. "(h) Loans Prohibited. - The Rural Center shall not use the funds appropriated in this section to make loans. "(i) Reports. - By September 1 of each year, and more frequently as requested, the Rural Center shall report to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division concerning the progress of the emergency Rural Jobs Infrastructure Grant program created under the provisions of this section." Editor's Note. - G.S. 143A-171 through 143A-180 and 143A-182 through 143A-185.1, included in Article 15 of Chapter 143A , referred to in subdivision (a)(2) of this section, were repealed by Session Laws 1977, c. 198, s. 25. G.S. 143A-180.1, 143A-180.2, and 143A-181, also included in Article 15 of Chapter 143A , were recodified as G.S. 143B-448, 143B-449, and 143B-439, respectively, by Session Laws 1977, c. 198, s. 26. This same 1977 act enacted this Article. Session Laws 1997-313, which, effective January 1, 1998, transferred the authority, powers, duties, and functions vested in the North Carolina Mutual Burial Association Commission and in the Burial Association Administrator to the North Carolina Board of Mortuary Science, and abolished the North Carolina Mutual Burial Association Commission, provides in s. 7: "(a) Effective January 1, 1998, references in the Session Laws to the North Carolina Mutual Burial Association Commission or the Burial Association Administrator shall be deemed to refer to the Board of Mortuary Science. Every Session Law that refers to the North Carolina Mutual Burial Association Commission or the Burial Association Administrator and that relates to any power, duty, function, or obligation of the Commission or the Administrator that continues in effect after the provisions of this act become effective shall be construed in a manner consistent with this act. "(b) The Revisor of Statutes may on and after the effective date of this act, correct any reference or citation in the General Statutes that is amended by this act by deleting incorrect references and substituting correct references. "(c) The Revisor of Statutes may, on and after the first day of January 1998, delete any reference to the North Carolina Mutual Burial Association Commission or to the Burial Association Administrator in any portion of the General Statutes to which conforming amendments are not made by this act and substitute, as appropriate and consistent with this act, any of the following terms: North Carolina Board of Mortuary Science, Board of Mortuary Science, or Board." Subdivision (a)(2)j of this section is set out above as directed by the Revisor of Statutes. Session Laws 2000-67, ss. 14.18(a) through (e), renames the State Energy Conservation Plan as the State Energy Efficiency Program. Effective September 30, 2000, the statutory authority, powers, duties and functions, records, property, funds, etc., of the Residential Energy Conservation Assistance Program in the Energy Division of the Department of Commerce are transferred from the Department of Commerce to the Department of Health and Human Services. Similarly, effective September 30, 2000, the statutory authority, powers, duties and functions, records, property, funds, etc., of the Energy Policy Council and State Energy Efficiency Program in the Energy Division of the Department of Commerce are transferred from the Department of Commerce to the Department of Administration. Effective July 1, 2000, all vacant positions in the Energy Division of the Department of Commerce are abolished. Session Laws 2000-67, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2000'." Session Laws 2000-67, s. 28.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2000-2001 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2000-2001 fiscal year." Session Laws 2000-67, s. 28.4, is a severability clause. Session Laws 2004-199, s. 27(c), repealed G.S. 143B-431(a)(2)(i). The apparent intent of the General Assembly was to repeal G.S. 143B-431(a)(2)i., which has been set out as repealed at the direction of the Revisor of Statutes. Session Laws 2009-446, s. 1(a), provides: "The State Energy Office is transferred from the Department of Administration to the Department of Commerce. This transfer shall have all of the elements of a Type I transfer, as defined in G.S. 143A-6." Session Laws 2009-446, s. 1(i), provides: "The Residential Energy Conservation Assistance Program is transferred from the Department of Health and Human Services to the Energy Office of the Department of Commerce, which was transferred to that Department by Section 1 of this act. This transfer shall have all of the elements of a Type I transfer, as defined in G.S. 143A-6." Session Laws 2011-145, s. 14.5(a), provides: "The statutory authority, powers, duties, functions, records, personnel, property, and unexpended balances of appropriations, allocations, or other funds of the Employment Security Commission are transferred to the Department of Commerce with all of the elements of a Type I transfer as defined by G.S. 143A-6." Session Laws 2011-145, s. 14.5C, provides: "Notwithstanding any other provision of law to the contrary, the Department of Commerce may enter into contracts or, as necessary, enter into sole source contracts to timely obtain recommendations to achieve employment security organizational reform recommendations and savings." Session Laws 2011-145, s. 14.7(a) and (b), as amended by Session Laws 2012-120, s. 3(h), provides: "(a) In consultation with the Fiscal Research Division, the Department of Commerce and the ABC Commission, State Banking Commission, Credit Union Division, Utilities Commission, Utilities Commission Public Staff, and the Rural Electrification Authority shall study the following: (i) the types of services provided by the Department of Commerce to each of the agencies during each fiscal year; and (ii) formulas or methods to be used to determine the costs of the services, including the advantages and disadvantages of each formula or method. The Department of Commerce and each of the agencies shall prepare a joint recommendation as to which formula or method to determine the costs of the services should be used. In addition, the Department of Commerce and each of the agencies shall develop a memorandum of understanding that details the services to be provided by the Department of Commerce during each fiscal year. "(b) By May 1, 2012, the Department of Commerce shall report the results of the study, including formula or method recommendations, required under subsection (a) of this section, to 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. By May 1, 2012, the Department of Commerce shall also submit a copy of each memorandum of understanding required under subsection (a) of this section to the Fiscal Research Division." Session Laws 2011-145, s. 14.12(a)-(d), provides: "(a) Wake Forest University Health Sciences (hereinafter 'Wake Forest') shall reimburse the State for State funds appropriated to the Wake Forest Institute of Regenerative Medicine (hereinafter 'Institute') by returning to the State five percent (5%) of the royalty revenue received by the Institute from inventions arising under those research projects to which State funds were allocated by the Institute, subject to the following: "(1) The total amount to be reimbursed to the State shall be limited to the amount of State funds appropriated to the Institute plus simple interest at the rate of four percent (4%) annually from the time of disbursement until reimbursement commences; "(2) Wake Forest shall be entitled to deduct the expenses reasonably incurred in prosecuting, defending, and enforcing patent rights for the invention, except to the extent the expenses are recovered from a third party, before calculating the amount to be paid to the State; "(3) Calculation of the payments to the State shall be based upon royalty revenue proportionate to the State funds used in the research, with budgets developed consistent with federal research funding accounting guidelines; and "(4) Payments shall be used by the State in a manner consistent with Title 35 of the United States Code, section 202, subdivision (c)(7). "(b) The Institute shall comply with the following reporting requirements: "(1) By September 1 of each year, and more frequently as requested, report to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division on prior State fiscal year program activities, objectives, and accomplishments and prior State fiscal year itemized expenditures and fund sources. "(2) Provide to the Fiscal Research Division a copy of the Institute's annual audited financial statement within 30 days of issuance of the statement. "(c) Remaining allotments after September 1 shall not be released to the Institute if it does not satisfy the reporting requirements provided in subsection (b) of this section. "(d) Beginning fiscal year, 2012-2013, no more than one hundred twenty thousand dollars ($120,000) in State funds shall be used for the annual salary of any one employee of the Institute." Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2011-145, s. 32.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2011-2013 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2011-2013 fiscal biennium." Session Laws 2011-145, s. 32.5, is a severability clause. Session Laws 2011-401, ss. 1.1 to 1.3, provide: "SECTION 1.1. Transfers of agency, powers, duties. - The statutory authority, powers, duties, functions, records, personnel, property, and unexpended balances of appropriations, allocations, or other funds of the Employment Security Commission are transferred to the Department of Commerce with all of the elements of a Type I transfer as defined by G.S. 143A-6. "SECTION 1.2. Continuation of duties. - Any previous assignment of duties of a quasi-legislative and quasi-judicial nature by the Governor or General Assembly shall have continued validity with the transfer under this act. Except as otherwise specifically provided in this act, each enumerated commission, board, office, bureau, or other subunit of State government transferred to the Secretary of Commerce and the Department of Commerce, Division of Employment Security, is a continuation of the former entity for purposes of succession to all the rights, powers, duties, and obligations of the former. Where the former entities are referred to by law, contract, or other document in their former name, the Secretary of Commerce and the Department of Commerce, Division of Employment Security, are charged with exercising the functions of the former named entity. "SECTION 1.3. No action or proceeding pending on November 1, 2011, brought by or against the Employment Security Commission shall be affected by any provision of this act, but the same may be prosecuted or defended in the name of the Department of Commerce, Division of Employment Security. In these actions and proceedings, the Secretary of Commerce or the Department of Commerce shall be substituted as a party upon proper application to the courts or other administrative or quasi-judicial bodies. "Any business or other matter undertaken or commanded by any State program or office or contract transferred by this act to the Employment Safety and Security Commission, or by the commissioners or directors thereof, pertaining to or connected with the functions, powers, obligations, and duties set forth herein, which is pending on the date this act becomes effective, may be conducted and completed by the Employment Safety and Security Commission in the same manner and under the same terms and conditions and with the same effect as if conducted and completed by the original program, office, or commissioners, or directors thereof." Session Laws 2011-401, s. 4.2, provides: "By June 30, 2012, the Secretary of the Department of Commerce shall make a detailed written report to the Joint Legislative Program Evaluation Oversight Committee, the Joint Legislative Commission on Governmental Operations, and the Fiscal Research Division on the consolidation of the Employment Security Commission into the Department of Commerce and on any changes the Secretary recommends to maintain the solvency of the Employment Security Fund." Session Laws 2012-186, s. 1(a)-(c), provides: "(a) It is the intent of the General Assembly to reduce the costs of fuel used by State agencies and transition to the use of cleaner, more cost-effective, and where available, State-produced fuel resources for transportation purposes. "(b) The State Energy Office within the Department of Commerce [now within the Department of Environmental Quality], in consultation with the Department of Administration, Department of Public Instruction, Department of Transportation, and other agencies as applicable, shall create an interagency task force responsible for studying the feasibility and desirability of advancing the use of alternative fuels, as defined in G.S. 143-58.4, by State agencies. As part of its study, the State Energy Office shall perform a cost-benefit analysis on each alternative fuel, using both current and projected fuel pricing, and environmental benefits, to identify the fuel or fuel mix that would be the most cost-effective for each type of vehicle used by each agency. The State Energy Office shall evaluate the cost of alternative fueled vehicles, including the purchase price, environmental considerations, and operations and maintenance costs. The State Energy Office shall also review the costs for any associated fueling infrastructure necessary to support the operation and maintenance of the vehicles that use the alternative fuels evaluated in the study. In its review of associated fueling infrastructure, the State Energy Office shall identify opportunities for the use of existing commercial or public fueling infrastructure, the potential for leveraging State funds with other public or private monies in order to develop new fueling infrastructure, and the duration of public-private fuel contracts in order to minimize the costs to the State. Based on the results of the study, the State Energy Office shall make recommendations on which fuel or fuel mix and types of alternative fueled vehicles would be appropriate for each agency, taking into account costs, geographic considerations, population densities, environmental impacts, and access to available infrastructure. "(c) The Task Force shall report the results of its study and any recommendations to the Joint Legislative Commission on Energy Policy on or before December 1, 2012." Session Laws 2013-360, s. 15.22(a), provides: "The State Energy Office is hereby transferred from the Department of Commerce to the Department of Environment and Natural Resources. This transfer shall have all of the elements of a Type I transfer, as defined in G.S. 143A-6." Session Laws 2013-360, s. 15.22(g), provides: "The programs administered under the North Carolina Energy Assistance Act for Low-Income Persons, being the Weatherization Assistance Program for Low-Income Families and the Heating/Air Repair and Replacement Program, and any other energy-related assistance program for the benefit of low-income persons in existing housing, are transferred from the Department of Commerce to the State Energy Office in the Department of Environment and Natural Resources. The transfer under this subsection shall have all of the elements of a Type I transfer, as defined in G.S. 143A-6." 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 2014-100, s. 15.2A(a), provides: "The North Carolina Alcoholic Beverage Control Commission is hereby transferred to the Department of Public Safety. This transfer shall have all of the elements of a Type II transfer, as described in G.S. 143A-6, except that the management functions of the ABC Commission shall not be performed under the direction and supervision of the Secretary of the Department of Public Safety." Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year." Session Laws 2014-100, s. 38.7, is a severability clause. Session Laws 2015-241, s. 15.18A(a), provides: "Effective July 1, 2016, the Grassroots Science Program within the Department of Commerce is transferred to the North Carolina State Museum of Natural Sciences in the Department of Natural and Cultural Resources, as enacted by Section 14.30 of this act." Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium." Session Laws 2015-241, s. 33.6, is a severability clause. Effect of Amendments. - Session Laws 2004-124, ss. 6.26(c), (d) and 13.9A(c), effective July 1, 2004, rewrote subsection (b); inserted subsection (b1); and added subsection (e). Session Laws 2004-199, s. 27(c), effective August 17, 2004, repealed subdivision (a)(2)i. Session Laws 2011-145, s. 14.6(f), effective July 1, 2011, near the end of subdivision (a)(1), deleted "the development of our State's ports" following "travel and tourism industries" and inserted "and" preceding "energy resource"; deleted subdivision (a)(2) l ., which read: "The North Carolina State Ports Authority"; and in subdivision (a)(3), deleted "provided that the authority of the North Carolina State Ports Authority to employ, direct and supervise personnel shall be provided in Part 10 of this Article" from the end. Session Laws 2011-297, s. 3, effective June 24, 2011, added subsection (f). Session Laws 2011-401, s. 1.4, effective November 1, 2011, added the subdivision (a)(1) designation, and therein inserted "and employment security" and "the administration of unemployment insurance"; and deleted subdivision (a)(2)c., which read: "The Employment Security Commission." Session Laws 2012-187, s. 10.3, effective July 16, 2012, substituted "an annual" for "a quarterly" and "fiscal year" for "quarter" in subdivision (e)(5)f. Session Laws 2014-100, s. 15.2A(b), effective October 1, 2014, repealed subdivision (a)(2)a. Session Laws 2017-57, s. 15.19A(b), effective July 1, 2017, repealed sub-subdivision (a)(2)d, which read: "The North Carolina Industrial Commission."