North Carolina § 143B-472 - 128. Rural Infrastructure Authority created; powers.

§ 143B-472. 128. Rural Infrastructure Authority created; powers.

Creation. - The Rural Infrastructure Authority is created within the Department of Commerce. Membership. - The Authority shall consist of 17 members who shall be appointed as follows: The Secretary of Commerce, ex officio, or the Secretary's designee. Four members appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate, and they shall each represent a Tier 1 or Tier 2 county. Four members appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives, and they shall each represent a Tier 1 or Tier 2 county. Eight members appointed by the Governor, and they shall each represent a Tier 1 or Tier 2 county. Terms. - Members shall serve for a term of three years, except for initial terms as provided in this section. No member of the Authority shall serve for more than two consecutive terms, but a person who has been a member for two consecutive terms may be reappointed after being off the Authority for a period of at least three years. An initial term that is two years or less shall not be counted in determining the limitation on consecutive terms. Officers. - The Authority members shall select from among the membership of the Authority a person to serve as chair and vice-chair. The chair and vice-chair shall each serve for a term of one year, but may be re-elected to serve successive terms. Compensation. - Authority members shall receive no salary as a result of serving on the Authority, but are entitled to per diem and allowances in accordance with G.S. 138-5 and G.S. 138-6, as appropriate. Meetings. - The Secretary shall convene the first meeting of the Authority within 30 days after the appointment of Authority members under subsection (b) of this section. Meetings shall be held as necessary as determined by the Authority. Quorum. - A majority of the members of the Authority constitutes a quorum for the transaction of business. A vacancy in the membership of the Authority does not impair the right of the quorum to exercise all rights and to perform all duties of the Authority. Vacancies. - A vacancy on the Authority shall be filled in the same manner in which the original appointment was made, and the term of the member filling the vacancy shall be for the balance of the unexpired term. Vacancies in appointments made by the General Assembly shall be filled in accordance with G.S. 120-122. Removal. - Members may be removed in accordance with G.S. 143B-13. A member who misses three consecutive meetings of the Authority may be removed for nonfeasance. Powers and Duties. - The Authority has the following powers and duties: To receive and review applications from local government units for grants or loans authorized under G.S. 143B-472.127. To award grants or loans as provided in G.S. 143B-472.127. In awarding grants or loans under G.S. 143B-472.127(a), priority shall be given to local government units of the counties that have one of the 80 highest rankings under G.S. 143B-437.08. To formulate policies and priorities for grant and loan making under G.S. 143B-472.127, which shall include, among other things, providing for (i) at least four grant application cycles during each fiscal year, (ii) the timely distribution of grants and loans so as to allow local government units to undertake infrastructure and other projects authorized under this Part without undue delay, and (iii) the use of federal funds first instead of General Fund appropriations where the project meets federal requirements or guidelines. To establish a threshold amount for emergency grants and loans that may be awarded by the Assistant Secretary without the prior approval of the Authority. Any emergency grants or loans awarded by the Assistant Secretary pursuant to this subdivision shall meet the requirements of G.S. 143B-472.127(a) or (b), and shall comply with policies and procedures adopted by the Authority. The Assistant Secretary shall, as soon as practicable, inform the Authority of any emergency grants or loans made under this subdivision, including the name of the local government unit to which the grant or loan was made, the amount of the grant or loan, and the project for which the grant or loan was requested. To determine ways in which the Rural Economic Development Division can aid local government units in meeting the costs for preliminary project planning needed for making an application for a grant or loan under G.S. 143B-472.127. To determine ways in which the Rural Economic Development Division can effectively disseminate information to local government units about the availability of grants or loans under G.S. 143B-472.127, the application and review process, and any other information that may be deemed useful to local government units in obtaining grants or loans. To review from time to time the effectiveness of the grant or loan programs under G.S. 143B-472.127 and to determine ways in which the programs may be improved to better serve local government units. No later than September 1 of each year, to submit a report to the Senate Appropriations Committee on Natural and Economic Resources, the House Appropriations Subcommittee on Natural and Economic Resources, and the Fiscal Research Division that details all of the following: Total number of awards made in the previous fiscal year. Geographic display of awards made. Total number of jobs created in the previous fiscal year. Recommended policy changes that would benefit economic development in rural areas of the State. In order to provide for staggered terms, two persons appointed to the positions designated in subdivision (b)(2) of this section and two persons appointed to the positions designated in subdivision (b)(3) of this section shall be appointed for initial terms ending on June 30, 2020. Two persons appointed to the positions designated in subdivision (b)(2) of this section, two persons appointed to the positions designated in subdivision (b)(3) of this section, and four persons appointed to the positions designated in subdivision (b)(4) of this section shall be appointed for initial terms ending on June 30, 2021. Four persons appointed to the positions designated in subdivision (b)(4) of this section shall be appointed for initial terms ending on June 30, 2022. History (2013-360, s. 15.10(a); 2013-363, s. 5.13(b); 2018-5, s. 15.2(d); 2019-32, s. 5.) Editor's Note. - Session Laws 1999-2, s. 2(c), as amended by Session Laws 2013-360, s. 15.10A(a), provides: "The General Assembly also approves the provisions in the Consent Decree concerning the governance of the nonprofit corporation by 15 directors holding staggered, four-year terms, five directors to be appointed by the Governor of the State of North Carolina, one of whom shall be the chair of the Rural Infrastructure Authority created in G.S. 143B-472.128, or the chair's designee, five by the President Pro Tempore of the North Carolina Senate, and five by the Speaker of the North Carolina House of Representatives; and that the Governor shall appoint the first Chair among his appointees, and the directors shall elect their own Chair from among their number for subsequent terms. Members of the General Assembly may not be appointed to serve on the board of directors while serving in the General Assembly." Session Laws 2013-360, s. 15.10A(b), (c), as amended by Session Laws 2013-363, s. 5.9(a), provides: "(b) Upon the next occurring vacancy in the office of a director of the board of directors of the Golden LEAF Foundation appointed by the Governor, the Governor shall appoint the chair of the Rural Infrastructure Authority created in G.S. 143B-472.128, or the chair's designee, to the board of directors in accordance with subsection (a) of this section. "(c) The Attorney General shall take all necessary actions to implement the provisions of this section, including notifying the court in the action entitled State of North Carolina v. Philip Morris Incorporated, et al., 98 CVS 14377, in the General Court of Justice, Superior Court Division, Wake County, North Carolina, and the administrators of the State Specific Account established under the Master Settlement Agreement of the intent of the General Assembly to direct one or more of the Governor's appointments to the board of directors of the Golden LEAF Foundation, a nonprofit corporation created pursuant to subparagraph VI.A.1 of the Consent Decree and the Final Judgment entered in the action of 98 CVS 14377 on December 21, 1998." Session Laws 2013-360, s. 15.10A(d), as added by Session Laws 2013-363, s. 5.9(b), provides: "This section becomes effective upon the Attorney General taking all necessary actions to implement the provisions of this section as provided in subsection (c) of 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 2018-5, s. 15.2(g), made the amendment of subdivision (j)(2) of this section by Session Laws 2018-5, s. 15.2(d), effective June 12, 2018, and applicable to economic development awards made and related determinations occurring on or after January 1, 2019. Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'" Session Laws 2018-5, s. 39.7, is a severability clause. Session Laws 2019-32, s. 7, provides: "This act becomes effective July 1, 2019. All rules, regulations, and decisions made by the predecessor boards and authorities reconstituted in this act shall remain in full force and effect until and unless duly modified by the successor entities." Effect of Amendments. - Session Laws 2013-363, s. 5.13(b), effective July 1, 2013, added the second sentence in subdivision (j)(2). Session Laws 2018-5, s. 15.2(d), deleted "after the adjustment of that section" following "G.S. 143B-437.08" in subdivision (j)(2). For effective date and applicability, see editor's note. Session Laws 2019-32, s. 5, substituted "17 members" for "16 members" in subsection (b); rewrote subdivision (b)(1), which formerly read: "The Secretary of Commerce, who shall serve as a nonvoting ex officio member, except in the case of a tie"; substituted "Four members" for "Five members" in subdivisions (b)(2) and (b)(3); substituted "Eight members" for "Five members" in subdivision (b)(4); deleted the fourth sentence of subsection (c), which formerly read: "Initial terms shall commence on July 1, 2013"; and rewrote the last paragraph of subsection (c). For effective date and applicability, see editor's note. §§ 143B-472.129 through 143B-472.134: Reserved for future codification purposes. :ao§143B-472.134