Senate committee substitute to the 1st edition makes the following changes.
Discards the first edition’s proposed text of GS 53C-6-21 and replaces it with a definition of “agriculture producer,” a prohibition on banks denying or cancelling service for agricultural producers based on greenhouse gas emissions or use of fossil-fuel derived fertilizer or powered machinery, and directs the Commissioner of Banks to monitor for compliance and take enforcement actions against banks that violate the statute.
Amends proposed GS 54-109.23 by removing the requirement for credit unions to submit the report provided in GS 53C-6-21(d) from the text of the previous edition. Makes conforming changes.
FARMERS PROTECTION ACT.
Printer-friendly: Click to view
| View NCGA Bill Details | 2025-2026 Session |
AN ACT TO ENACT THE FARMERS PROTECTION ACT TO PREVENT DISCRIMINATION IN FINANCING AGAINST FARMERS.Intro. by B. Newton, Barnes.
Bill History:
-
Tue, 25 Mar 2025 Senate: Filed
-
Wed, 26 Mar 2025 Senate: Passed 1st Reading
-
Wed, 26 Mar 2025 Senate: Ref To Com On Rules and Operations of the Senate
-
Wed, 2 Apr 2025 Senate: Withdrawn From Com
-
Wed, 16 Apr 2025 Senate: Reptd Fav
-
Wed, 16 Apr 2025 Senate: Re-ref Com On Judiciary
-
Tue, 29 Apr 2025 Senate: Reptd Fav
-
Tue, 29 Apr 2025 Senate: Re-ref Com On Rules and Operations of the Senate
-
Mon, 5 May 2025 Senate: Withdrawn From Com
-
Mon, 5 May 2025 Senate: Withdrawn From Com
-
Tue, 6 May 2025 Senate: Reptd Fav Com Substitute
-
Tue, 6 May 2025 Senate: Com Substitute Adopted
-
Tue, 6 May 2025 Senate: Re-ref Com On Rules and Operations of the Senate
-
Tue, 6 May 2025 Senate: Reptd Fav
-
Wed, 7 May 2025 Senate: Passed 2nd Reading
-
Wed, 7 May 2025 Senate: Passed 3rd Reading
-
Wed, 7 May 2025 Senate: Special Message Sent To House
-
Wed, 7 May 2025 House: Special Message Received From Senate
-
Thu, 8 May 2025 House: Passed 1st Reading
Bill Summaries:
-
Bill S 554 (2025-2026)Summary date: May 6 2025 - View Summary
-
Bill S 554 (2025-2026)Summary date: Mar 25 2025 - View Summary
Identical to H62, filed 2/5/25.
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.
