NC Infrastructure Protection Act.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 808

Short Title: NC Infrastructure Protection Act. (Public)
Sponsors: Representatives Loftis, McNeely, and Johnson (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: State and Local Government, if favorable, Finance, if favorable, Rules, Calendar,
and Operations of the House
April 8, 2025
*H808-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO PROHIBIT C ONTRACTS OR OTHER AG REEMENTS THAT WOULD 2
GRANT CERTAIN FOREIG N-OWNED COMPANIES AC CESS TO CRITICAL 3
INFRASTRUCTURE IN TH IS STATE AND TO REQUIRE CRIM INAL HISTORY 4
RECORD CHECKS FOR IN DIVIDUALS GRANTED AC CESS TO CRITICAL 5
INFRASTRUCTURE IN THIS STATE. 6
The General Assembly of North Carolina enacts: 7
8
PROHIBIT ACCESS TO CRITICAL INFRASTRUCTURE IN THIS STATE BY 9
CERTAIN FOREIGN-OWNED COMPANIES 10
SECTION 1.(a) Chapter 64 of the General Statutes is amended by adding a new 11
Article to read: 12
"Article 4. 13
"Prohibit Adversarial Foreign Control of Critical Infrastructure. 14
"§ 64-60. Title. 15
This Article may be cited as the "Infrastructure Protection Act." 16
"§ 64-61. Definitions. 17
The following definitions apply in this Article: 18
(1) Company. – A sole proprietorship, organization, association, corporation, 19
partnership, joint venture, limited partnership, limited liability partnership, or 20
limited liability company, including a wholly owned subsidiary, 21
majority-owned subsidiary, parent company, or affiliate of those entities or 22
business associations, that exists to make a profit. 23
(2) Critical infrastructure . – A communication infrastructure syste m, 24
cybersecurity system, electric grid, hazardous waste treatment system, or 25
water treatment facility. 26
(3) Cybersecurity. – The measures taken to protect a computer, computer 27
network, computer system, or other technology infrastructure against 28
unauthorized use or access. 29
(4) Designated country. – A country designated by the Council of State as a threat 30
to critical infrastructure under this Article. 31
(5) Governmental entity. – Any State agency, institution, board, commission, 32
bureau, council, department, divi sion, officer, or political subdivision. The 33
term includes counties, municipal corporation s, county or city boards of 34
General Assembly Of North Carolina Session 2025
Page 2 House Bill 808-First Edition
education, and other local public bodies . The term includes any other entity 1
for which the State has oversight responsibility. 2
"§ 64-62. Prohibited access to critical infrastructure. 3
(a) A governmental entity shall not enter into a contract or other agreement relating to 4
critical infrastructure in this State with a company if (i) under the agreement the company would 5
be granted direct or remote access to or control of critical infrastructure in this State, excluding 6
access specifically allowed by the business entity for product warranty and support purposes, and 7
(ii) the governmental entity knows that the company is either of the following: 8
(1) The majority of stock or other ownership interest of the company is owned, 9
held, or controlled by (i) individuals who are citizens of China, Iran, North 10
Korea, Russia, or a designated country or (ii) a company or other entity, 11
including a governmental entity, that is owned or controlled by citizens of or 12
by the government of China, Iran, Nort h Korea, Russia, or a designated 13
country. 14
(2) Headquartered in China, Iran, North Korea, Russia, or a designated country. 15
(b) The prohibition described by subsection (a) of this section applies regardless of 16
whether the company 's securities or its parent company 's securitie s are publicly traded and 17
regardless of whether the company or its parent company is listed on a public stock exchange as 18
a Chinese, Iranian, North Korean, or Russian company, or as a company of a designated country. 19
(c) A contract or other agreement entered into by a business entity organized under the 20
laws of this State or by a business entity authorized to do business in this State is against public 21
policy and void ab initio if it meets the criteria described in subsections (a) and (b) of this section 22
as applied to a governmental entity. 23
(d) The Council of State may designate a country as a threat to critical infrastructure for 24
purposes of this Article." 25
SECTION 1.(b) This section is effective when it becomes law and applies to 26
contracts entered into, modified, or renewed on or after that date. 27
28
REQUIRE CRIMINAL HISTORY RECORD CHECKS FOR INDIVIDUALS GRANTED 29
ACCESS TO CRITICAL INFRASTRUCTURE 30
SECTION 2.(a) G.S. 7A-349 reads as rewritten: 31
"§ 7A-349. Criminal history record check; denial of employment, contract, or volunteer 32
opportunity. 33
The Judicial Department may deny employment, a contract, or a volunteer opportunity to any 34
person who refuses to consent to a criminal history check authorized under G.S. 143B-1209.31 35
and may dismiss a current employee, terminate a contractor, or terminate a volunteer relationship 36
if that employee, contractor, or volunteer refuses to consent to a criminal history record check 37
authorized under G.S. 143B-1209.31. The Judicial Department shall require a criminal history 38
record check for any individual granted access to a communication infrastructure system or 39
cybersecurity system under the Judicial Department's authority." 40
SECTION 2.(b) This section becomes effective October 1, 2025. 41
SECTION 3.(a) G.S. 62-43 reads as rewritten: 42
"§ 62-43. Fixing standards, classifications, etc.; testing service. 43
(a) The Commission may, after notice and hearing, had upon its own motion or upon 44
complaint, ascertain and fix just and reasonable standards, classifications, regulations, practices, 45
or service to be furnished, imposed, observed or followed by any or all public utilities; ascertain 46
and fix adequate and reasonable standards for the measurement of quant ity, quality, pressure, 47
initial voltage or other condition pertaining to the supply of the product, commodity or service 48
furnished or rendered by any and all public utilities; prescribe reasonable regulations for the 49
examination and testing of such product, commodity or service and for the measurement thereof; 50
establish or approve reasonable rules, regulations, specifications and standards to secure the 51
General Assembly Of North Carolina Session 2025
House Bill 808-First Edition Page 3
accuracy of all meters and appliances for measurement; and provide for the examination and 1
testing of any and all appliances used for the measurement of any product, commodity or service 2
of any public utility. 3
(b) The Commission shall fix, establish and promulgate standards of quality and safety 4
for gas furnished by a public utility and prescribe rules and re gulations for the enforcement of 5
and obedience to the same. 6
(c) The Commission shall adopt rules to require a criminal history record check for any 7
individual granted access to the electric power grid or to a communication infrastructure system 8
under the Commission's regulatory authority." 9
SECTION 3.(b) This section is effective when it becomes law. Rules adopted 10
pursuant to this section shall be adopted to take effect as soon as practicable but no later than 11
October 1, 2026. 12
SECTION 4.(a) G.S. 90A-24 reads as rewritten: 13
"§ 90A-24. Operator qualifications and examination. 14
(a) The Board of Certification, with the advice and assistance of the Secretary of 15
Environmental Quality shall establish minimum requirements of education, experience and 16
knowledge fo r each grade of certification for water treatment facility operators, and shall 17
establish procedures for receiving applications for certification, conducting examinations and 18
making investigations of applicants as may be necessary and appropriate to the en d that prompt 19
and fair consideration be given every application and the water treatment facilities of the State 20
may be adequately supervised by certified operators. 21
(b) All applicants for initial certification as a water treatment facility operat or shall 22
consent to a criminal history record check. Refusal to consent to a criminal history record check 23
may constitute grounds for the Board of Certification to deny certification to an applicant. The 24
Board shall provide to the State Bureau of Investigation the f ingerprints of the applicant to be 25
checked, a form signed by the applicant consenting to the criminal history record check and the 26
use of fingerprints and other identifying information required by the State or National 27
Repositories, and any additional information required by the State Bureau of Investigation. The 28
Board shall keep all information obtained pursuant to this subsection confidential. The cost of 29
the criminal history record check and the fingerprinting shall be paid by the applicant. The 30
Secretary of State shall collect any fees required by the State Bureau of Investigation and shall 31
remit the fees to the State Bureau of Investigation for expenses associated with conducting the 32
criminal history record check." 33
SECTION 4.(b) Article 13A of Chapter 143B of the General Statutes is amended by 34
adding a new section to read: 35
"§ 143B -1209.59. Criminal record checks for the Water Treatment Facility Operators 36
Board of Certification. 37
(a) The State Bureau of Investigation may provide to the Water Treatment Facility 38
Operators Board of Certification from the State and National Repositories of Criminal Histories 39
the criminal history of a prospective water treatment facility operator. The Board of Certification 40
shall provide to the Bureau, along with the request, the fingerprints of the prospective water 41
treatment facility operator , a form signed by the prospective water treatment facility operator 42
consenting to the criminal record check and use of fingerprints and other identifying information 43
required by the State and National Repositories, and any additional information required by the 44
Bureau. The fingerprints of the prospective water treatment facility operator shall be used for a 45
search of the State's criminal history record file, and the Bureau shall forward a set of fingerprints 46
to the Federal Bureau of Investigation for a national criminal history record check. The Board of 47
Certification shall keep all information obtained pursuant to this section confidential. 48
(b) The Bureau may charge a fee to offset the cost incurred by it to conduct a criminal 49
record check under this section. The fee shall not exceed the actual cost of locating, editing, 50
researching, and retrieving the information." 51
General Assembly Of North Carolina Session 2025
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SECTION 4.(c) G.S. 90A-27 reads as rewritten: 1
"§ 90A-27. Application fee. 2
The Board may establish a schedule of fees for the issuance or renewal of a certificate to 3
cover the costs of administering the certification programs. The fee for issuing or renewing a 4
certificate may shall not exceed fifty dollars ($50.00). In addition to the fee for issuing a 5
certificate, the Board shall charge an initial applicant the fee for a criminal history record check 6
pursuant to G.S. 90A-24. The Board may impose a penalty not to exceed thirty dollars ($30.00) 7
for the late renewal of a certificate." 8
SECTION 4.(d) This section becomes effective October 1, 2025, and applies to 9
applications for initial certification received on or after that date. 10
SECTION 5.(a) G.S. 116-11 is amended by adding a new subdivision to read: 11
"(3d) The Board of Governors of The University of North Carolina shall adopt a 12
policy to require a criminal history record check for any individual granted 13
access to a communication infrastructure system or cybersecurity system of 14
The University of North Carolina." 15
SECTION 5.(b) This section is effective when it becomes law. The policy adopted 16
pursuant to this section shall be adopted to take effect as soon as practicable but no later than 17
October 1, 2026. 18
SECTION 6.(a) G.S. 130A-295 reads as rewritten: 19
"§ 130A-295. Additional requirements for hazardous waste facilities. 20
(a) An applicant for a permit for a hazardous waste facility shall satisfy the Department 21
that:of all of the following: 22
(1) Any hazardous waste facility constructed or operated by the applicant, or any 23
parent or subsidiary corporation if the applicant is a corporation, has been 24
operated in accordance, with sound waste management practices and in 25
substantial compliance with federal and state laws, regulations and rules; 26
andrules. 27
(2) The applicant, or any parent or subsidiary corporation if the applicant is a 28
corporation, is financially qualified to operate the proposed hazardous waste 29
facility. 30
(3) The applicant requires a criminal history record check for any individual 31
granted access to the hazardous waste treatment systems under its control. 32
…." 33
SECTION 6.(b) This section becomes effective October 1, 2025. 34
SECTION 7.(a) G.S. 143B-1336 reads as rewritten: 35
"§ 143B-1336. Information technology human resources. 36
… 37
(g) Criminal Records Checks. – The State CIO shall require background investigations 38
of any employee or prospective employee, including a criminal history record check, which may 39
include a search of the State and National Repositories of Criminal Histories based on the 40
person's fingerprints. A criminal history record check shall be conducted by the State Bureau of 41
Investigation upon receiving fingerprints and other information provided by the employee or 42
prospective employee. If the employee or prospective employee has been a resident of the State 43
for less than five years, the background report shall include a review of criminal information 44
from both the State and National Repositories of Criminal Histories. The criminal background 45
report shall be provided to the State CI O and is not a public record under Chapter 132 of the 46
General Statutes. The requirements of this subsection also apply to any contractor granted access 47
to a communication infrastructure system or cybersecurity system under the authority of the State 48
CIO." 49
SECTION 7.(b) This section is effective when it becomes law and applies to 50
contracts entered into, modified, or renewed on or after that date. 51
General Assembly Of North Carolina Session 2025
House Bill 808-First Edition Page 5
SECTION 8. G.S. 143B-1209.58 is recodified as G.S. 143B-1208.15. 1
2
EFFECTIVE DATE 3
SECTION 9. Except as otherwis e provided, this act is effective when it becomes 4
law. 5