§ 105-129.3. (See note for repeal) Enterprise tier designation. - North Carolina Statutes

§ 105‑129.3.  (See notefor repeal) Enterprise tier designation.

(a)        Tiers Defined. – Anenterprise tier one area is a county whose enterprise factor is one of the 10highest in the State. An enterprise tier two area is a county whose enterprisefactor is one of the next 15 highest in the State. An enterprise tier threearea is a county whose enterprise factor is one of the next 25 highest in theState. An enterprise tier four area is a county whose enterprise factor is oneof the next 25 highest in the State. An enterprise tier five area is any areathat is not in a lower‑numbered enterprise tier.

(b)        Annual Designation.– Each year, on or before December 31, the Secretary of Commerce shall assignto each county in the State an enterprise factor that is the sum of thefollowing:

(1)        The county's rank ina ranking of counties by average rate of unemployment from lowest to highest,for the preceding 12 months.

(2)        The county's rank ina ranking of counties by average per capita income from highest to lowest, forthe preceding 12 months.

(3)        The county's rank ina ranking of counties by percentage growth in population from highest tolowest, for the preceding 12 months.

The Secretary of Commerceshall then rank all the counties within the State according to their enterprisefactor from highest to lowest, identify all the areas of the State byenterprise tier, and publish this information. An enterprise tier designationis effective only for the calendar year following the designation.

(b1)      Data. – In measuringrates of unemployment and per capita income, the Secretary shall use the latestavailable data published by a State or federal agency generally recognized ashaving expertise concerning the data. In measuring population and populationgrowth, the Secretary shall use the most recent estimates of populationcertified by the State Budget Officer.

(c)        Exception forEnterprise Tier One and Two Areas. – Notwithstanding the provisions of thissection, a county designated as an enterprise tier one area or an enterprisetier two area may not be redesignated as a higher‑numbered enterprisetier area until it has been in its enterprise tier area for at least twoconsecutive years.

(d)        Exception for Two‑CountyIndustrial Park. – For the purpose of this Article, an eligible two‑countyindustrial park has the lower enterprise tier designation of the designationsof the two counties in which it is located if it meets all of the followingconditions:

(1)        It is located in twocontiguous counties, one of which has a lower enterprise tier designation thanthe other.

(2)        At least one‑thirdof the park is located in the county with the lower tier designation.

(3)        It is owned by thetwo counties or a joint agency of the counties.

(4)        The county with thelower tier designation contributed at least the lesser of one‑half of thecost of developing the park or a proportion of the cost of developing the parkequal to the proportion of land in the park located in the county with thelower tier designation.

(d1)      (Effective fortaxable years beginning on or after January 1, 2005.) Exception for CertainMulti‑Jurisdictional Industrial Park. – For the purpose of this Article,an eligible industrial park created by interlocal agreement under G.S. 158‑7.4has the lowest enterprise tier designation of the designations of the countiesin which it is located if all of the following conditions are satisfied:

(1)        The industrial parkis located, at one or more sites, in four or more contiguous counties.

(2)        At least two of thecounties in which the industrial park is located are enterprise tier one areas.

(3)        The industrial parkis owned by four or more units of local government or a nonprofit corporationowned or controlled by four or more units of local government.

(4)        In each county inwhich the industrial park is located, the park has at least 300 developableacres. For the purposes of this subdivision, "developable acres"includes acreage that is owned directly by the industrial park or its owners orthat is the subject of a development agreement between the industrial park orits owners and a third‑party owner.

(5)        The total populationof all of the counties in which the industrial park is located is less than200,000.

(6)        In each county inwhich the industrial park is located, at least sixteen and eight‑tenthspercent (16.8%) of the population was Medicaid eligible for the 2003‑2004fiscal year based on 2003 population estimates.

(e)        Exceptions forCertain Small Counties. – The following exceptions to the provisions of thissection apply to small counties:

(1)        A county that has apopulation of less than 12,000 is designated an enterprise tier one area.

(2)        A county that meetsboth of the conditions set out below has an enterprise tier designation onelevel below the designation it would otherwise have under subsection (a) ofthis section:

a.         Its population isless than 50,000.

b.         More than eighteenpercent (18%) of its population is below the federal poverty level according tothe most recent federal decennial census.

(3)        A county that has apopulation of less than 35,000 and that would otherwise be designated anenterprise tier four or five area under this section must be designated anenterprise tier three area.

(f)         Exceptions forCertain Counties with High Unemployment. – Notwithstanding the provisions ofthis section, a county whose rank in a ranking of counties by average rate ofunemployment for the preceding 12 months, from highest to lowest, is one of the10 highest in the State is designated an enterprise tier one area. (1996, 2nd Ex. Sess., c. 13,s. 3.3; 1997‑277, s. 1; 1998‑55, s. 1; 1999‑360, ss. 1, 2;1999‑456, s. 64; 2000‑73, s. 1; 2001‑94, s. 1; 2001‑476,s. 3(a); 2004‑202, s. 10; 2004‑203, s. 5(e); 2005‑241, ss. 4,6; 2005‑406, s. 1.)