Bill Summary for H 62 (2025-2026)

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Summary date: 

Mar 12 2025

Bill Information:

View NCGA Bill Details(link is external)2025-2026 Session
House Bill 62 (Public) Filed Wednesday, February 5, 2025
AN ACT TO ENACT THE FARMERS PROTECTION ACT TO PREVENT DISCRIMINATION IN FINANCING AGAINST FARMERS.
Intro. by N. Jackson, Dixon, Balkcom, Gillespie.

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Bill 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.