Is a local government required to seek approval from any other governmental agency before issuing project development bonds?
Yes, if the financing development plan involves the construction and operation a new manufacturing facility, the unit must submit the plan to the Secretary of the NC Department of Environment and Natural Resources for approval. In order to approve the plan, the Secretary must determine that the manufacturing facility will not have a materially adverse effect on the environment and that the company that will operate the facility has operated its other facilities in substantial compliance with federal and state laws, regulations, and rules for the protection of the environment.
Additionally, if the plan involves a new manufacturing facility, the unit must submit the plan to the NC Secretary of Commerce for certification that the average weekly manufacturing wages proposed by the initial users the facility are either above the average manufacturing wage paid in the county in which the district will be located or are not less than ten percent (10%) above the average weekly manufacturing wage paid in the state, unless the plan is exempt from the requirements. The NC Secretary of Commerce may exempt a plan from this requirement if the Secretary receives a resolution from the issuing unit's governing body requesting an exemption and a letter from an appropriate State official, selected by the Secretary, finding that unemployment in the county in which the proposed district is to be located is especially severe.
For purposes of these requirements, the term "manufacturing facility" means any facility that is used in the manufacturing or production of tangible personal property, including the processing resulting in a change in the condition of the property.