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EXHIBIT B TO COMPANY PERFORMANCE AGREEMENT
<br /> Provisions of N.C.General Statutes Addressing Public Records, Confidential Information,and Economic Development Projects
<br /> §132-1. "Public records"defined withholding of public records relating to the proposed expansion or
<br /> location of specific business or industrial projects when the release of
<br /> (a) "Public record"or"public records"shall mean all documents, those records would frustrate the purpose for which they were created,
<br /> papers, letters, maps, books, photographs, films, sound recordings, whenever a public agency or its subdivision performs a cost-benefit
<br /> magnetic or other tapes, electronic data-processing records, artifacts,or analysis or similar assessment with respect to economic development
<br /> other documentary material, regardless of physical form or incentives offered to a specific business or industrial project,the agency
<br /> characteristics, made or received pursuant to law or ordinance in or its subdivision must describe in detail the assumptions and
<br /> connection with the transaction of public business by any agency of methodologies used in completing the analysis or assessment. This
<br /> North Carolina government or its subdivisions.Agency of North Carolina description is a public record and is subject to all provisions of this
<br /> government or its subdivisions shall mean and include every public Chapter and other law regarding public records.
<br /> office, public officer or official (State or local, elected or appointed),
<br /> institution, board, commission, bureau, council, department, authority or (b) Disclosure of Public Records Requirements.—Whenever
<br /> other unit of government of the State or of any county, unit, special an agency or its subdivision first proposes, negotiates, or accepts an
<br /> district or other political subdivision of government. application for economic development incentives with respect to a
<br /> specific industrial or business project, the agency or subdivision must
<br /> (b) The public records and public information compiled by the disclose that any information obtained by the agency or subdivision is
<br /> agencies of North Carolina government or its subdivisions are the subject to laws regarding disclosure of public records. In addition, the
<br /> property of the people.. . agency or subdivision must fully and accurately describe the instances in
<br /> which confidential information may be withheld from disclosure,the types
<br /> §132-1.1. State tax information of information that qualify as confidential information, and the methods
<br /> (b) State and Local Tax Information. —Tax information may for ensuring that confidential information is not disclosed."
<br /> not be disclosed except as provided in G.S. 105-259. As used in this §132-6. Inspection and examination of records
<br /> subsection, "tax information"has the same meaning as in G.S. 105-259.
<br /> Local tax records that contain information about a taxpayer's income or (a) Every custodian of public records shall permit any record in
<br /> receipts may not be disclosed except as provided in G.S. 153A-148.1 the custodian's custody to be inspected and examined at reasonable
<br /> and G.S. 160A-208.1. times and under reasonable supervision by any person, and shall, as
<br /> promptly as possible,furnish copies thereof upon payment of any fees as
<br /> §132-1.2. Confidential information. may be prescribed by law...
<br /> Nothing in this Chapter shall be construed to require or authorize a (c) No request to inspect, examine, or obtain copies of public
<br /> public agency or its subdivision to disclose any information that: records shall be denied on the grounds that confidential information is
<br /> commingled with the requested nonconfidential information. If it is
<br /> (1) Meets all of the following conditions: necessary to separate confidential from nonconfidential information in
<br /> a. Constitutes a"trade secret"as defined in G.S.66-152(3). order to permit the inspection, examination, or copying of the public
<br /> b. Is the property of a private "person" as defined in G.S. records,the public agency shall bear the cost of such separation...
<br /> 66-152(2).
<br /> c. Is disclosed or furnished to the public agency in connection (d) Notwithstanding the provisions of subsections (a) and (b) of
<br /> with the owner's performance of a public contract or in this section,public records relating to the proposed expansion or location
<br /> connection with a bid, application, proposal, industrial of specific business or industrial projects may be withheld so long as
<br /> development project, or in compliance with laws, their inspection, examination or copying would frustrate the purpose for
<br /> regulations, rules, or ordinances of the United States, the which such public records were created;provided,however,that nothing
<br /> State,or political subdivisions of the State. herein shall be construed to permit the withholding of public records
<br /> d. Is designated or indicated as "confidential" or as a "trade relating to general economic development policies or activities.
<br /> secret" at the time of its initial disclosure to the public
<br /> agency. Once the State, a local government, or the specific business has
<br /> announced a commitment by the business to expand or locate a specific
<br /> §66-152. Definitions(Trade Secrets Protection Act) project in this State or a final decision not to do so and the business has
<br /> communicated that commitment or decision to the State or local
<br /> As used in this Article,unless the context requires otherwise: government agency involved with the project, the provisions of this
<br /> subsection allowing public records to be withheld by the agency no
<br /> (2) "Person" means an individual, corporation, government, longer apply.
<br /> governmental subdivision or agency,business trust,estate,trust,
<br /> partnership, association, joint venture, or any other legal or Once the provisions of this subsection no longer apply,the agency
<br /> commercial entity. shall disclose as soon as practicable, and within 25 business days,
<br /> public records requested for the announced project that are not
<br /> (3) "Trade secret"means business or technical information, including otherwise made confidential by law.
<br /> but not limited to a formula,pattern,program,device,compilation
<br /> of information,method,technique,or process that: An announcement that a business or industrial project has
<br /> a. Derives independent actual or potential commercial value committed to expand or locate in the State shall not require disclosure of
<br /> from not being generally known or readily ascertainable local government records relating to the project if the business has not
<br /> through independent development or reverse engineering selected a specific location within the State for the project. Once a
<br /> by persons who can obtain economic value from its specific location for the project has been determined, local government
<br /> disclosure or use;and records must be disclosed, upon request, in accordance with the
<br /> b. Is the subject of efforts that are reasonable under the provisions of this section.For purposes of this section,"local government
<br /> circumstances to maintain its secrecy. records" include records maintained by the State that relate to a local
<br /> government's efforts to attract the project."
<br /> The existence of a trade secret shall not be negated merely
<br /> because the information comprising the trade secret has also been §132-9. Access to records
<br /> developed, used, or owned independently by more than one person, or
<br /> licensed to other persons. (b) In an action to compel disclosure of public records which
<br /> have been withheld pursuant to the provisions of G.S. 132-6 concerning
<br /> §132-1.8. Economic development incentives public records relating to the proposed expansion or location of particular
<br /> businesses and industrial projects, the burden shall be on the custodian
<br /> (a) Assumptions and Methodologies. — Subject to the withholding the records to show that disclosure would frustrate the
<br /> provisions of this Chapter regarding confidential information and the purpose of attracting that particular business or industrial project.
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