Bill Summaries: H62 (2025-2026 Session)

Tracking:
  • Summary date: Mar 12 2025 - View summary

    House committee substitute to the 1st edition makes the following changes.

    Amends GS 53C-6-21 as follows. Also makes it illegal for a bank to restrict its 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. Provides that if a bank has any (was, has made any) ESG commitment related to agriculture, there is a rebuttable presumption that the bank's denial, restriction, or cancelation (was, denial or restriction) of a service to an agriculture producer violates this statute. Changes the standard to a preponderance of the evidence (was, demonstrating through clear and convincing evidence) to overcome this presumption. Removes the requirement to submit an annual report and makes conforming changes to new GS 54-109.23. No longer makes violations of the statute an unfair or deceptive trade practice. Amends the definition of agricultural producer to no longer require that the person’s engagement in the growing of crops or livestock production be for retail consumption. Amends the definition of ESG commitment so that it is a bank's decision either to join an initiative or organization that has a purpose of promoting any environmental, social, or political goal (was, governance goal), or a bank's ongoing commitment to any environmental, social, or political goal (was, governance goal). Makes conforming changes.


  • Summary date: Feb 5 2025 - View summary

    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.