Adds new GS 53-6-21 barring banks from denying or cancelling service to an agriculture producer based, in whole or in part, upon the agriculture producer's greenhouse gas emissions, use of fossil-fuel derived fertilizer, or use of fossil-fuel powered machinery. Defines agriculture producer and ESG commitment (a bank’s decision either to join an initiative or  organization whose purpose is any environmental, social, or governance goal or to otherwise commit to any environmental, social, or governance goal).  Establishes a rebuttable presumption that a bank’s denial or restriction of a service to an agricultural producer violates the statute when a bank has made any ESG commitment related to agriculture. Provides for ways for banks to overcome the presumption. Requires banks to annually certify to the Commissioner of Banks (Commissioner) that they are in compliance with the act by January 1 of each year.  Designates violations of the statute as unfair or deceptive trade practices. Allows the Commissioner to bring a civil action to enforce the statue and provides for civil penalties of up to $10,000 per violation. Requires clear proceeds of any civil penalties to be remitted to the Civil Penalty and Forfeiture Fund.
Amends GS 54B-78 and GS 54C-64 and adds new GS 54-109.23 to include credit unions, State associations, and State savings banks within the scope of new GS 53C-6-21. Requires credit unions to submit the annual certification described above to the Administrator of Credit Unions.

Statutes affected:
Filed: 54B-78, 54C-64
Edition 1: 54B-78, 54C-64