JMAC/ABC/OTHER REVISIONS. (NEW)

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View NCGA Bill Details(link is external)2025-2026 Session
Senate Bill 664 (Public) Filed Tuesday, March 25, 2025
AN ACT TO ALLOW FLEXIBILITY IN THE EVENT OF NONCOMPLIANCE WITH A JMAC AGREEMENT; TO AMEND THE ABC LAWS TO EXPAND USE OF ALTERNATING PROPRIETORSHIPS AND MAKE CORRECTIONS CONCERNING "TO GO" MIXED BEVERAGES TO CONFORM WITH FEDERAL LAW; TO PROVIDE AN EXEMPTION FROM NONBETTERMENT COSTS FOR CERTAIN MUNICIPALITIES; AND TO MAKE A TECHNICAL CORRECTION TO THE MEGASITES READINESS PROGRAM.
Intro. by B. Newton, McInnis.

Status: Ordered Engrossed (House action) (Jun 25 2025)

SOG comments (5):

Long title change

Committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO ALLOW FLEXIBILITY IN THE EVENT OF NONCOMPLIANCE WITH A JMAC AGREEMENT.

Long title change

Amendments to the 2nd edition changed the long title. Previous long title was AN ACT TO ALLOW FLEXIBILITY IN THE EVENT OF NONCOMPLIANCE WITH A JMAC AGREEMENT, TO AMEND ABC LAWS TO EXPAND USE OF ALTERNATING PROPRIETORSHIPS, AND TO AMEND MEGASITES AND SELECTSITES READINESS PROGRAMS.

Long title change

Committee substitute to the 3d edition changed the long title. Previous long title was AN ACT TO ALLOW FLEXIBILITY IN THE EVENT OF NONCOMPLIANCE WITH A JMAC AGREEMENT, TO AMEND ABC LAWS TO EXPAND USE OF ALTERNATING PROPRIETORSHIPS, AND TO AMEND MEGASITES AND SELECTSITES READINESS PROGRAMS.

Long title change

Previous title was AN ACT TO ALLOW FLEXIBILITY IN THE EVENT OF NONCOMPLIANCE WITH A JMAC AGREEMENT AND TO AMEND THE ABC LAWS TO EXPAND USE OF ALTERNATING PROPRIETORSHIPS.

Long title change

Previous title was AN ACT TO ALLOW FLEXIBILITY IN THE EVENT OF NONCOMPLIANCE WITH A JMAC AGREEMENT; TO AMEND THE ABC LAWS TO EXPAND USE OF ALTERNATING PROPRIETORSHIPS, EXPAND CULINARY PERMITS, AND MAKE CORRECTIONS CONCERNING "TO-GO" MIXED BEVERAGES TO CONFORM WITH FEDERAL LAW; TO PROVIDE THAT CONTRACTS FOR CONSTRUCTION OF WATER AND SEWAGE SYSTEMS OR FACILITIES MAY BE AWARDED WHEN AT LEAST TWO COMPETITIVE BIDS HAVE BEEN RECEIVED; TO PROVIDE AN EXEMPTION FROM NONBETTERMENT COSTS FOR CERTAIN MUNICIPALITIES; TO MAKE THE STATE, CITY, OR PUBLIC AUTHORITY REQUIRING THE RELOCATION OF UTILITY FACILITIES RESPONSIBLE FOR THE COST OF RELOCATION; AND TO MAKE A TECHNICAL CORRECTION TO THE MEGASITES READINESS PROGRAM.

Bill History:

S 664

Bill Summaries:

  • Summary date: Jun 25 2025 - View Summary

    House amendment to the 5th edition makes the following changes. Makes conforming changes to the act's long title. 

    Removes provisions that would have expanded the locations where a culinary permit can be issued under GS 18B-1001(11) to include food businesses and eating establishments.

    Removes provisions that would have amended GS 143-132 (concerning minimum number of bids for public contracts) to prevent any contract to which GS 143-129 (procedure for letting of public contracts) applies for construction of water systems or facilities, or sewage disposal systems or facilities, from being awarded by any board or governing board of the State, or any political subdivision of the State, unless two competitive bids have been received from reputable and qualified contractors regularly engaged in their respective lines of endeavor. 

    Removes provisions that would have added a new subsection (c1) to GS 136-19.5 stating that if relocation of utility facilities is required by construction of a project on the federal interstate system and is approved for reimbursement under the Federal-Aid Highway Act (as amended), the owner or operator of the facilities shall perform any necessary work upon notice from the Department of Transportation and the State must pay the entire expense properly attributable to the work (after deducting any increase in the value of the new facility and any salvage value derived from the old facility), along with conforming changes to GS 136-18.

    Removes provisions that would have added a new GS 160A-296.2, which states that if a city requires or directs the removal or relocation of facilities installed or operated in the city’s rights of way by any of several kinds of telecommunications provider, the owner or operator must remove or relocate the facilities and the city shall reimburse the owner or operator for the costs of the relocation or removal. 

    Removes provisions that would have amended the scope of “public service corporation” as used in GS 160A-651 for regional transportation authorities, regional public transportation authorities (GS 160A-621), and regional sports authorities (GS 160A-479.15).


  • Summary date: Jun 24 2025 - View Summary

    House committee substitute to the 4th edition makes the following changes. Makes organizational changes, including adding in part headings. Makes conforming changes to act’s titles and effective date.

    Adds the following content.

    Part II.

    Section 2.

    Authorizes a distillery participating in an alternating proprietorship may sell any product it produces or distills at the permitted locations described at any time the sale of spirituous liquor is allowed on the premises under GS 18B-1105(a). Permits those distilleries to contract for a host distillery to manage sales of spirituous liquor for the other distillery. Clarifies that each distillery is responsible for maintaining appropriate records and remitting the appropriate taxes. Specifies that only the host distillery is required to have a mixed beverage permit, if required, if the host distillery sells the other distillery's spirituous liquor in mixed beverages.

    Section 3.

    Expands the locations for whom culinary permit can be issued under GS 18B-1001(11) to include food businesses and eating establishments.

    Section 4.

    Modifies the packaging requirements for a single serving of unfortified wine that is sold by vehicle delivery under either (1) an on-premises unfortified wine permit, (2) an on-premises fortified wine permit, and (3) a mixed beverages permit in GS 18B-1001 so that the packaging complies with GS 20-138.7 (transporting open container offenses) and is in an unopened manufacturer's original container or is transported in a locked container, in the trunk, or in the area behind the last upright seat in a motor vehicle not equipped with a trunk (currently statute specifies that notwithstanding GS 20-138.7, the only requirement is if the container continues to be sealed and is in the passenger area of the vehicle). Makes conforming changes to GS 20-138.7.

    Effective October 1, 2025, and applies to offenses committed on or after that date. 

    Part III.

    Section 5.

    Amends GS 143-132 (concerning minimum number of bids for public contracts) as follows. Prevents any contract to which GS 143-129 (procedure for letting of public contracts) applies for construction of water systems or facilities, or sewage disposal systems or facilities, from being awarded by any board or governing board of the State, or any political subdivision of the State, unless two competitive bids have been received from reputable and qualified contractors regularly engaged in their respective lines of endeavor. Otherwise applies all requirements of GS 143-132(a) to those contracts. Defines sewage disposal systems or facilities and water systems or facilities. Applies to contracts entered into on or before December 31, 2030.

    Part IV.

    Section 6.

    Increases the population required to trigger the Department of Transportation’s obligation to pay the nonbetterment costs for the relocation of water and sewer lines under GS 136-27.1 from 10,000 or less to 20,000 or less. Makes conforming changes. Effective retroactively to January 1, 2025.

    Part V.

    Section 7.

    Adds a new subsection (c1) to GS 136-19.5 stating that if relocation of utility facilities (as defined in 23 USC 123 and applied by the US Department of Transportation in 23 CFR 645.105) is required by construction of a project on the federal interstate system and is approved for reimbursement under the Federal-Aid Highway Act (as amended), the owner or operator of the facilities shall perform any necessary work upon notice from the Department of Transportation and the State must pay the entire expense properly attributable to the work (after deducting any increase in the value of the new facility and any salvage value derived from the old facility). Makes conforming changes to GS 136-18.

    Adds a new GS 160A-296.2, which states that if a city requires or directs the removal or relocation of facilities installed or operated in the city’s rights of way by any of several kinds of telecommunications provider [owner or operator of broadband services, video programming services pursuant to a franchise issued by the Secretary of state, telephone or telegraph lines, or a wireless facility (as defined in GS 160D-931(22)], the owner or operator must remove or relocate the facilities and the city shall reimburse the owner or operator for the costs of the relocation or removal. This reimbursement requirement does not apply to a city with a population of less than 5,000.

    Amends GS 160A-479.15 adding the owner or operator of broadband services, video programming services pursuant to a franchise issued by the Secretary of State, telephone or telegraph lines, or a wireless facility [as defined in GS 160D-931(22)] to the scope of “public service corporation” that a regional sports authority can require to remove or relocate its facilities.

    Similarly amends the scope of “public service corporation” as used in GS 160A-621 for regional public transportation authorities.

    Similarly amends the scope of “public service corporation” as used in GS 160A-651 for regional transportation authorities.

    Part VI.

    Section 8.

    Removes reference to "public" in describing the upgrades to infrastructure in Section 11.11 of SL 2025-74 (megasite readiness programs). 


  • Summary date: Jun 10 2025 - View Summary

    House committee substitute to the 3rd edition makes the following changes.

    Amends GS 18B-903 by no longer specifying that nothing in (c) of the statute limits alternating proprietorships in which the holder of a permit under GS 18B-1103 leases or otherwise makes available its facility to another holder of a specified permit.

    Deletes Section 3 of the act, which amended Section 11.11 of SL 2022-74 (concerning megasites), Section 4 of the act, which amended Section 11.12 of SL 2023-134 (concerning selectsites), and Section 5 of the act, which amended Section 4C.13 of SL 2024-53 (concerning JDIG). Makes conforming changes to the act’s titles.

    Specifies that Section 1 of the act applies to awards in effect on or after the date the act becomes law.


  • Summary date: Apr 10 2025 - View Summary

    Senate amendments to the 2nd edition makes the following changes.

    Amendment #1.  

    Modifies the applicable employment level under GS 143B-437.012(j)(2)a (job maintenance and capital development fund) so that if the grant agreement is for a business that has qualified as a major employer under subsection (d) of this section, a provision requiring the business to maintain the employment level at the project that is the subject of the agreement that is the lesser of the level required in subdivision (d)(1) of GS 143B-437.012 (i.e., $2 million of private funds in the described property improvements, employment of at least 2,000 full-time employees or the equivalent full-time contractors as described, and the project is located in a development tier one area at the time the business applies for a grant). Specifies that the act’s changes to GS 143B-437.012 apply to awards in effect on or after the act becomes law.  

    Amendment #2 changes the effective date of Section 4C.13(b) of SL 2024-53 (temporary moratorium for certain Job Development Investment Grant requirements) from January 31, 2025, to July 31, 2025, retroactive to October 25, 2024. Makes organizational changes and conforming changes to the act’s long title.


  • Summary date: Apr 8 2025 - View Summary

    Senate committee substitute to the 1st edition makes the following changes. Makes conforming changes to the act’s long title.

    Expands the use of alternating proprietorships under GS 18B-903 (duration, renewal and transfer of ABC permits) to include permits issued under GS 18B- 1101 (unfortified wineries), GS 18B-1102 (fortified wineries), GS 18B-1103 (repealed by SL 2022-44), or GS 18B-1105 (distilleries), in addition to breweries. Makes conforming changes.

    Amends the Megasites Readiness Program (Program) established in SL 2022-74, as amended, as follows. Broadens its purpose related to infrastructure by removing references to “publicly owned” water or “public” infrastructure, so that it just refers to water and infrastructure. Includes electric infrastructure as part of the listed infrastructures. Removes electrical utility lines. Expands the type of tax-exempt statuses to include 501(c)(12)’s (benevolent local life insurance associations) that a NC nonprofit entity may fall under to be in partnership with one or more local governments or a group thereof to constitute a government partnership.

    Removes requirement that all other funds allocated to the NC Megasite Fund (Fund), after its first $1 million, be appropriated for local government grants for the acquisition of megasites as described. Instead, allows funds to be used for the six listed purposes of the Program. Requires money to be disbursed from the Fund to the Economic Development Partnership of North Carolina (EDPNC) on a quarterly basis in four equal installment per year. Makes a technical change.

    Makes the following changes to the NC Selectsite Fund (NCSF) in Section 11.12 of SL 2023-134. Makes technical change to citation of SL 2022-74. Extends the deadline for unspent funds appropriated by Section 11.4(d)(1) (appears to intend Section 11.4(b)(1) of SL 2022-74) to be transferred to the NC Selectsite Fund from June 30, 2023, to April 1, 2025.  

    Broadens the allowed uses of the $10 million for the Department of Commerce (DOC) to allocate as described, to also include (1) assisting local  governments or a  partnership of  local governments in the acquisition of a newly identified or existing selectsite, (2) providing infrastructure support as specified, and (3) supporting local government on-site preparation. Increases the number of selectsites that should be evaluated and selected under the NCSF from fifteen to twenty. Broadens its purpose related to infrastructure by removing references to “publicly owned” water or “public” infrastructure, so that it just refers to water and infrastructure. Includes electric infrastructure as part of the listed infrastructures. Removes electrical utility lines. Requires further unspent funds allocated from EDPNC to be used for  engaging a national  site  selection firm through a  competitive bid process to produce a supplemental report identifying and evaluating up to five, and no less than three, additional selectsites from the  initial  disaster  declared counties resulting from Tropical Storm Helene. Requires money to be disbursed from the NCSF to EDPNC on a quarterly basis in four equal installment per year.


  • Summary date: Mar 31 2025 - View Summary

    Amends GS 143B-437.012, concerning the Job Maintenance and Capital Development Fund, to add to the required content of the grant agreement to include a provision requiring the business to maintain an employment level, including full-time and equivalent full-time contract employees, at the specified levels. Requires for a major employer who fails to maintain the level of employment by more than 100 employees, a 1% reduction of the grant for every one employee below that threshold (was, the grant must be reduced in proportion to the extent the business fails to maintain employment at this specified level and that the business is not eligible for a grant in any year in which the employment level is less than 80% of what is required). Makes additional conforming, clarifying, and technical changes.