North Carolina Administrative Code

04 NCAC 01E .0202 PRE-APPLICATION CONFERENCE (a) Authorities may advise the Department when the authority enters serious consideration of financing a project. The department shall assist the authority, as requested, within the limits of available resources. Information, liaison a…

04 NCAC 01E .0203 APPROVAL IN PRINCIPLE No application for approval of the project will be officially received until the elected board of commissioners in the county from which the application is to be made, has, by resolution, approved in principle the proposed project and the i…

04 NCAC 01E .0204 PUBLIC HEARING (a) No application will be officially received until either the elected board of county commissioners or the authority, if so designated by the elected board, has held a public hearing on the advisability of the proposed project and the issuance o…

04 NCAC 01E .0205 FORMAL APPLICATION PROCEDURES: REQUIRED DATA: INFORMATION (a) When making application for an approval of an industrial project for a prospective industry or for an existing industry, a pollution control project for a prospective industry or for an existing indus…

04 NCAC 01E .0206 FORMAL APPLICATION PROCEDURES: PUBLIC HEARING (a) Where the project has caused significant adverse public reaction as determined from the responses to the public notice or the public hearing held by the elected board of county commissioners, or the authority, or…

04 NCAC 01E .0207 PROJECT CERTIFICATION FROM DENR: OR ITS SUCCESSOR AGENCY (a) Prior to giving final consideration to the authority application, the secretary shall inform the Secretary of the Department of Environment and Natural Resources, or its successor agency, that the part…

04 NCAC 01E .0208 FORMAL APPLICATION PROCEDURES: APPROVAL (a) Where the secretary makes all the findings necessary, including discretionary approval where the operator of an industrial project does not pay an above average manufacturing wage or where there is an abandonment of an…

04 NCAC 01E .0209 FORMAL APPLICATION PROCEDURES: DENIAL (a) Where there is significant unresolved public controversy or where the secretary is unable to make one or more required findings, the secretary will so indicate in writing and with specificity the reasons for denial. (b) …

04 NCAC 01E .0210 REIMBURSEMENT OF EXTRAORDINARY EXPENSE Where the department finds it necessary to incur "extraordinary" expense pertinent to consideration of/or the approval of an authority application, the department will expect to be reimbursed for those expenses by the autho…

SECTION .0300 - REVIEW CRITERIA 04 NCAC 01E .0301 GENERAL In order for the secretary to approve a project he must make certain findings as specified in G.S. 159C-7(1) or (2) and (3). It is the purpose of this Section to specify the standards and criteria the secretary will use in…

04 NCAC 01E .0302 JURISDICTIONAL FINDINGS (a) Before the department can begin to make technical findings specified in G.S. 159C-7(1) to (3), a finding must be made that the project is either: (1) an industrial project for industry, (2) a pollution control project for industry, or…

04 NCAC 01E .0303 MANUFACTURING WAGE TEST History Note: Authority G.S. 159C-7; Eff. August 2, 1976; Temporary Amendment Eff. January 7, 1983 for a period of 120 days to expire May 7, 1983; Amended Eff. March 1, 1985; November 1, 1984; Temporary Amendment Eff. September 15, 1988 f…

04 NCAC 01E .0306 JOBS SAVED OR GENERATED TEST (a) G.S. 159C-7 specifies that in the case of either "... an industrial or a pollution project, except a pollution control project for a public utility, (a), that the jobs to be generated or saved, directly or indirectly by the propo…

04 NCAC 01E .0307 CAPABILITY TEST (a) G.S. 159C-7 specifies that in the case of either "...an industrial or a pollution control project, except for a public utility, that the proposed operator of the proposed project has demonstrated or can demonstrate the capability to operate s…

04 NCAC 01E .0308 ABANDONMENT TEST (a) G.S. 159C-7 specifies that in the case of either "an industrial or a pollution project, except a pollution project for a public utility, that the financing of such project by the authority will not cause or result in abandonment of an existi…

04 NCAC 01E .0309 THE SECRETARY'S FINDINGS (a) Unless the applicant has met his various burdens of proof, the secretary shall not make his required findings. (b) All findings shall be in writing and where adverse findings are made, they shall specifically indicate in detail which…

SUBCHAPTER 01H - PRIVATE ACTIVITY BOND VOLUME CAPACITY PROGRAM SECTION .0100 - GENERAL DESCRIPTION 04 NCAC 01H .0101 BACKGROUND The rules of this Subchapter apply to the administration of the Private Activity Bond Volume Capacity Program. Made necessary by Federal legislation, th…

04 NCAC 01H .0102 OBJECTIVES The purpose of this Subchapter is to set out the procedures and criteria by and under which the North Carolina Federal Tax Reform Allocation Committee will carry out the duties set out in Executive Order No. 37 and Chapter 588 of the 1987 General Asse…

04 NCAC 01H .0103 DEFINITIONS (a) Act - shall mean the Tax Reform Act of 1986, as amended. (b) Committee - shall mean the North Carolina Federal Tax Reform Allocation Committee created by Executive Order No. 37. (c) Department - shall mean the North Carolina Department of Commerc…

SECTION .0200 - APPLICATIONS AND PROCEDURES 04 NCAC 01H .0201 GENERAL This Section provides the application procedures which shall be followed, including data and information submissions, before the committee will make the final decision relating to allocations of capacity for pr…

04 NCAC 01H .0202 INFORMATION AND APPLICATIONS (a) Issuers and interested parties may obtain general information pertinent to this program at: (1) The North Carolina Department of Commerce, Commerce Finance Center, 4318 Mail Service Center, Raleigh, NC 27699, (919) 814-4613. (2) …

04 NCAC 01H .0203 FORMAL PROCEDURES: APPROVAL When the committee can approve the Allocation of Capacity, the chairman, or his designee, will indicate in writing and describe any terms or conditions of the allocation, including the expiration date of the allocation. Any unused por…

04 NCAC 01H .0204 FORMAL PROCEDURES: DENIAL When the committee is unable to approve the application, the chairman, or his designee, will so indicate in writing, including with specificity, the reasons for such denial. History Note: Authority G.S. 143B-429; 143B-430; Ch. 588 (1987…

SECTION .0300 - REVIEW CRITERIA 04 NCAC 01H .0301 GENERAL It is the purpose of this Section to specify the standards and the criteria the committee will use in making decisions. History Note: Authority G.S. 143B-429; 143B-430; Ch. 588 (1987 Session Law); Eff. December 1, 1987; Pu…

04 NCAC 01H .0302 ESTABLISHMENT OF AVAILABILITY CAPACITY The committee will determine the amount of the Uniform Bond Limitations for Private Activity Bonds available in North Carolina for the pertinent years. These formulas are contained in federal legislation. History Note: Auth…

04 NCAC 01H .0303 CONSIDERATIONS OF THE CAPACITY RESOURCE USAGE AND DEMAND The committee will consult with informed authorities, with Issuers, and with legislative lenders. When it appears that the demand for the resource will be so large that the needs of all issuers might not b…

section .0500 - Qualified Energy Conservation Bonds 04 NCAC 01H .0501 procedures and CRITERIA FOR ALLOCAtion of qualified energy conservation bonds (a) The North Carolina Tax Reform Allocation Committee (the "Committee") shall allocate Qualified Energy Conservation Bond ("QECB") …

Subchapter 01I – industrial development fund section .0100 – purpose and definitions 04 ncac 01i .0101 BACKGROUND AND OBJECTIVES (a) BASIC - The purpose of the North Carolina Industrial Development Fund is to assist town, city or county governments with incentive industrial finan…

04 NCAC 01I .0102 DEFINITIONS (a) These definitions apply to all parts of the Industrial Development Fund including the Basic Emergency Economic Development Assistance, Utility Account and Clean Water Bonds for Economic Development: (1) "Department" means the North Carolina Depar…

SECTION .0200 – GENERAL REQUIREMENTS 04 NCAC 01I .0201 DATE OF RECEIPT OF APPLICATIONS The Department shall receive applications after November 15, 1987 on a first-come, first-serve basis. An application shall be assigned a processing number when it is received and is judged suff…

04 NCAC 01I .0202 APPLICATION CATEGORIES AND REQUIREMENTS (a) Applicants may apply for funding under the following categories: (1) Basic IDF; (2) Emergency Economic Development Assistance; (3) The Utility Account; and (4) Clean Water Bonds Proceeds. (b) There is no set minimum am…

SECTION .0300 – SELECTION PROCESS 04 NCAC 01I .0301 REVIEW OF APPLICATIONS AND FUNDING (a) When an application is deemed complete, it shall be assigned a processing number. (b) Applications may be submitted directly to the Secretary of the Department. They may also be submitted t…

04 NCAC 01I .0302 ELIGIBILITY REQUIREMENTS Applications shall show that: (1) This funding is a vital part of the proposal to create the jobs set out and that the jobs shall not be created if the project goes unfunded; (2) For Emergency Economic Development Assistance Projects, th…

04 ncac 01i .0303 REVIEW: APP/FUNDING/EMGCY ASST PROJ DEFINED/RULE .0102(h) History Note: Authority S.L. 1989, c. 754; Eff. September 1, 1990; Temporary Repealed Eff. January 11, 1999; Codifier determined that agency findings did not meet criteria for temporary rule; Temporary Re…

04 ncAC 01I .0304 ELIGIBILITY REQ/EMGY ASST PROJ DEFINED/RULE .0102(h) History Note: Authority S.L. 1989, c. 754; Eff. September 1, 1990; Temporary Repeal Eff. January 11, 1999; Codifier determined that agency findings did not meet criteria for temporary rule; Temporary Repeal Ef…

section .0400 – approval criteria 04 NCAC 01I .0401 GENERAL History Note: Filed as a Temporary Amendment Eff. January 11, 1990 for a Period of 180 Days to Expire on July 9, 1990; Filed as a Temporary Rule Eff. November 16, 1987 For a Period of 180 Days to Expire on May 15, 1988; …

04 NCAC 01I .0402 REQUIRED FINDINGS (a) Before the Department shall approve a project, a finding must be made that the project: (1) shall assist a unit of Government in one of eligible tier areas of the State; and (2) the funds shall be used for renovation of buildings or infrast…

04 ncac 01i .0403 FORMAL APPLICATIONS PROCEDURES: DENIAL (a) Unless the applicant has met its various burdens of proof, the Department shall not make the required findings. (b) Where adverse findings are made, they shall specifically indicate in detail which elements of proof wer…

04 NCAC 01I .0404 FORMAL APPLICATION PROCEDURES: APPROVAL (a) Where the Department makes all the findings necessary, it shall do so in writing to the applicant at the earliest possible date after following the procedures as set forth in this Subchapter. (b) The Department shall p…

04 NCAC 01I .0405 FINDINGS REQ/APPROVAL/EMGCY PROJ DEFINED/RULE .0102(h) History Note: Authority S.L. 1989, c. 754, s. IX; Eff. September 1, 1990; Temporary Repeal Eff. January 11, 1999; Codifier determined that agency findings did not meet criteria for temporary rule; Temporary …

SECTION .0500 – RESERVATION OF FUNDS 04 NCAC 01I .0501 GENERAL Units of government may apply for a "45 day reservation" of funds, relating to a particular IDF project to induce prospective private sector employers to locate or expand and create new jobs. The Department may accept…

04 ncac 01i .0502 LIMITATIONS A request for a reservation of funds may be approved for a project if the funds required do not exceed one-half of the total of program funds available and not previously committed. The total of programs funds not previously committed shall include a…

04 ncac 01i .0503 REVERSION OF FUNDS An approval for "reservation" of funds for projects shall not predicate approval or funding of a project. When a formal and complete application for approval of a project has not been filed by the applicant that requested the reservation of fu…

section .0600 – reporting requirements 04 NCAC 01I .0601 REPORTING REQUIREMENTS History Note: Filed as a Temporary Rule Eff. November 16, 1987 For a Period of 180 Days to Expire on May 15, 1988; Authority S.L. 1987, c. 830, s. 111, Part 4II; Eff. May 1, 1988; Temporary Repeal Eff…

section .0700 – designation of eligible tiers and qualified counties 04 NCAC 01I .0701 annual designation History Note: Authority G.S. 105-129.3 ,143B-437.01; Eff. September 1, 1990; Temporary Amendment Eff. January 11, 1999; Codifier determined that agency findings did not meet …

SECTION .0800 – ENVIRONMENTAL COMPLIANCE 04 NCAC 01I .0801 COMPLIANCE WITH NORTH CAROLINA ENVIRONMENTAL RULES Any local unit of government or grantee receiving Industrial Development Funds (IDF), including Basic IDF, Utility Account funds, Emergency Economic Assistance funds or C…

section .0200 - DESIGNATION OF SEVERELY DISTRESSED COUNTIES 04 NCAC 01J .0201 designation of severly distressed counties History Note: Authority G.S. 105-130.40(c) and (d); 105-151.17(c) and (d); Chapter 568, 1987 S.L.; Chapter 111, 1989 S.L.; Temporary Rule Eff. November 16, 198…

section .0300 - LETTER OF COMMITMENT 04 NCAC 01J .0301 letter of commitment History Note: Authority G.S. 105-130.40(c) and (d); 105-151.17(c) and (d); Chapter 568, 1987 S.L.; Temporary Rule Eff. November 16, 1987 For a Period of 180 Days to Expire on May 15, 1988; Eff. May 1, 198…

section .0400 - SUBSTANTIATION OF CREDIT CLAIMED 04 NCAC 01J .0401 substantiation of credit claimed History Note: Authority G.S. 105-130.40(f); 105-151.17(f); Chapter 111, 1989 S.L.; Eff. December 1, 1989; Repealed Eff. July 1, 2012.

section .0500 - DETERMINATION OF ELIGIBILITY 04 NCAC 01J .0501 determination of eligibility History Note: Authority G.S. 105-130.40(b1); 105-151.17(b1); Chapter 753, 1989 S.L.; Eff. March 1, 1991; Repealed Eff. July 1, 2012.