H.B. 1082
GENERAL ASSEMBLY OF NORTH CAROLINA
May 26, 2022
SESSION 2021 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH10574-MQa-154
Short Title: Infrastructure Bank Feasibility Study. (Public)
Sponsors: Representative Harris.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO ESTABLISH A JOINT LEGISLATIVE STUDY COMMISSION TO STUDY
3 THE FEASIBILITY OF ESTABLISHING A STATE INFRASTRUCTURE BANK TO
4 SUSTAINABLY FINANCE INFRASTRUCTURE PROJECTS AND DRIVE ECONOMIC
5 GROWTH IN THE STATE.
6 The General Assembly of North Carolina enacts:
7 SECTION 1. There is established the Commission to Study the Feasibility of
8 Establishing a State Infrastructure Bank. The Commission shall study how the creation of such a
9 bank could strengthen economic and community development, provide financial resources for
10 infrastructure projects, and leverage State, federal, and private resources to address the need for
11 access to sustainable financial assistance for projects that will contribute to economic growth,
12 job creation, and support of local communities in the State.
13 SECTION 2. The Commission shall be composed of 17 members as follows:
14 (1) Three members of the Senate, appointed by the President Pro Tempore of the
15 Senate.
16 (2) Three members of the House of Representatives, appointed by the Speaker of
17 the House of Representatives.
18 (3) Three members to be appointed by the Governor, one of whom shall be a
19 nationally recognized expert in the area of public finance with expertise in the
20 area of state-owned banking institutions and one of whom shall have a
21 background in environmental infrastructure.
22 (4) The State Treasurer, or the Treasurer's designee.
23 (5) The State Controller, or the Controller's designee.
24 (6) A representative from the Office of State Budget and Management.
25 (7) The Secretary of Transportation, or the Secretary's designee.
26 (8) One member of the private banking community and one member with a
27 background in energy infrastructure, both appointed by the President Pro
28 Tempore of the Senate.
29 (9) One member with public health experience and one member with workforce
30 development experience, both appointed by the Speaker of the House of
31 Representatives.
32 SECTION 3. Vacancies on the Commission shall be filled by the appointing
33 authority. The Commission shall be chaired by a senator and a representative designated by the
34 appointing authority. A quorum of the Commission shall be nine members. The Commission,
35 while in the discharge of its official duties, may exercise all powers provided for under
36 G.S. 120-19 and G.S. 120-19.1 through G.S. 120-19.4, including the power to request all
*DRH10574-MQa-154*
General Assembly Of North Carolina Session 2021
1 officers, agents, agencies, and departments of the State to provide any information, data, or
2 documents within their possession, ascertainable from their records, or otherwise available to
3 them.
4 SECTION 4. The Commission may meet at any time upon the call of the chairs. The
5 Commission may meet in the Legislative Building, the Legislative Office Building, or any other
6 location as agreed upon by the Commission. The Commission may contract for professional,
7 clerical, or consultant services, as provided by G.S. 120-32.02.
8 SECTION 5. The Commission shall hold at least five public meetings in distinct
9 geographic regions of the State.
10 SECTION 6. The Legislative Services Commission, through the Legislative
11 Services Officer, shall assign professional staff to assist the Commission in its work. The House
12 of Representatives' and Senate's Directors of Legislative Assistants shall assign clerical staff to
13 the Commission, and the expenses relating to the clerical employees shall be borne by the
14 Commission. Members of the Commission shall receive subsistence and travel expenses at the
15 rates set forth in G.S. 120-3.1, 138-5, or 138-6, as appropriate.
16 SECTION 7. The Commission shall study the following issues related to the
17 establishment of a State Infrastructure Bank, including, but not limited to, the following:
18 (1) Supporting the economic development of North Carolina by increasing access
19 to capital.
20 (2) Providing financing for infrastructure related to housing development, public
21 works infrastructure, educational infrastructure, student loans, and community
22 quality of life projects.
23 (3) Providing capital for continued expansion of the State's transportation,
24 environmental, energy, and telecommunications infrastructure.
25 (4) Undertake a general assessment of the State's current network of public and
26 private financial resources and assess the impact on government services,
27 including public and private banking services, for the purpose of identifying
28 potential areas of State infrastructure needs.
29 (5) Among other resource issues, the Commission shall consider, at a minimum,
30 how a State Infrastructure Bank could be designed to generate earnings
31 beyond those necessary for continued operation of the Bank, which could be
32 used to supplement other capital resources.
33 (6) Examine various administrative and operational structures for organizing a
34 State Infrastructure Bank, including, but not limited to, boards of directors,
35 sources of deposits, oversight and audit of financial activities, and guarantees
36 of financial products.
37 (7) Consider options for integrating a State Infrastructure Bank model into the
38 existing State financial resource network, including, but not limited to, ideas
39 such as lending capital to banks and credit unions and whether the State
40 Infrastructure Bank should be created as a separate entity or involving, using,
41 modifying, or expanding the existing financial infrastructure or the functions
42 of any other State agency.
43 (8) The manner in which the State Infrastructure Bank should be regulated to
44 protect the safety and soundness of the institution and to avoid conflicts of
45 interest that could arise from State or federal regulation of the Bank.
46 (9) The extent to which the State Infrastructure Bank should be allowed to
47 compete with banking establishments operating in North Carolina.
48 (10) The oversight of the State Infrastructure Bank to protect the interests of the
49 State and the rights of individuals and entities that may access the products or
50 services, or both, of the Bank.
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General Assembly Of North Carolina Session 2021
1 (11) An outline of transition actions necessary for establishing the State
2 Infrastructure Bank.
3 SECTION 8. The Commission may make an interim report, including any legislative
4 recommendations, to the 2022 General Assembly prior to its convening and shall submit a final
5 report, including any legislative recommendations, by the end of the 2022 Regular Session of the
6 General Assembly.
7 SECTION 9.(a) There is appropriated from the General Fund to the Legislative
8 Services Commission the sum of fifty thousand dollars ($50,000) in nonrecurring funds for the
9 2022-2023 fiscal year to be used to offset the expenses incurred in connection with the operation
10 and support of the Commission to Study the Feasibility of Establishing a State Infrastructure
11 Bank created in this act.
12 SECTION 9.(b) This section becomes effective July 1, 2022.
13 SECTION 10. Except as otherwise provided, this act is effective when it becomes
14 law.
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