GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION LAW 2022-35
SENATE BILL 292
AN ACT to amend the charter of the city of greensboro to authorize the city to establish a small business enterprise program to promote the development of small businesses in the city and to enhance the opportunities for small businesses to participate in city contractS.
The General Assembly of North Carolina enacts:
SECTION 1. Chapter VII of the Charter of the City of Greensboro, being Chapter 1137 of the Session Laws of 1959, as amended, is amended by adding a new Subchapter to read as follows:
"SUBCHAPTER D. SMALL BUSINESS ENTERPRISE PROGRAM.
"Sec. 7.45. Small Business Enterprise Program. (a) The City may establish a race‑ and gender‑neutral small business enterprise program to promote the development of small businesses in the Greensboro Metropolitan Statistical Area and to enhance opportunities for small businesses to participate in City contracts. The City may define the term "small business enterprise" as appropriate and consistent with the City's contracting practices. The City may establish bid and proposal specifications that include subcontracting goals and good‑faith effort requirements to enhance participation by small business enterprises in City contracts. Notwithstanding the provisions of G.S. 143‑129 and G.S. 143‑131(b), the City may consider a bidder's efforts to comply with small business enterprise program requirements in its award of City contracts and, if a bidder is determined to have failed to comply with the requirements, the City may, within its discretion, refuse to award a contract to the bidder.
(b) The small business enterprise program authorized by this section is intended to supplement and not replace the requirements of G.S. 143‑128.2, 143‑131(b), or 143‑135.5. Any goals or efforts established to achieve veteran, minority, and women's business participation consistent with the requirements of G.S. 143‑128.2, 143‑131(b), or 143‑135.5 shall take precedence over goals for small business enterprise participation established under the program authorized by this section. A small business enterprise program established pursuant to this section shall be deemed consistent with the public policy of the State of North Carolina to promote and utilize small and underutilized business enterprises as set forth in G.S. 143‑128.2, 143‑128.3, and 143‑135.5."
SECTION 2. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 1st day of July, 2022.
s/ Phil Berger
President Pro Tempore of the Senate
s/ Tim Moore
Speaker of the House of Representatives