GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
SESSION LAW 2009-181
HOUSE BILL 1388
AN ACT to expand the public notice requirement regarding a prospective developer's intent to redevelop a brownfields property.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 130A-310.34 reads as rewritten:
"§ 130A-310.34. Public notice and community involvement.
(a) A prospective
developer who desires to enter into a brownfields agreement shall notify the
public and the community in which the brownfields property is located of
planned remediation and redevelopment activities. The prospective developer
shall submit a Notice of Intent to Redevelop a Brownfields Property and a
summary of the Notice of Intent to the Department. The Notice of Intent shall
provide, to the extent known, a legal description of the location of the
brownfields property, a map showing the location of the brownfields property, a
description of the contaminants involved and their concentrations in the media
of the brownfields property, a description of the intended future use of the
brownfields property, any proposed investigation and remediation, and a
proposed Notice of Brownfields Property prepared in accordance with
G.S. 130A-310.35. Both the Notice of Intent and the summary of the Notice
of Intent shall state the time period and means for submitting written comment
and for requesting a public meeting on the proposed brownfields agreement. The
summary of the Notice of Intent shall include a statement as to the public
availability of the full Notice of Intent. After approval of the Notice of
Intent and summary of the Notice of Intent by the Department, the prospective
developer shall provide a copy of the Notice of Intent to all local governments
having jurisdiction over the brownfields property. The prospective developer
shall publish the summary of the Notice of Intent in a newspaper of general
circulation serving the area in which the brownfields property is located
and shall file a copy of the summary of the Notice of Intent with the Codifier
of Rules, who shall publish the summary of the Notice of Intent in the North
Carolina Register.located. The prospective developer shall alsoconspicuously
post a copy of the summary of the Notice of Intent at the brownfieldssite. property,
and the prospective developer shall mail or deliver a copy of the summary to
each owner of property contiguous to the brownfields property. The prospective
developer shall submit documentation of the public notices to the Department
prior to the Department entering into a brownfields agreement.
(b) Publication of
the approved summary of the Notice of Intent in the North Carolina Register
and publication in a newspaper of general circulation circulation,
posting the summary at the brownfields property, and mailing or delivering the
summary to each owner of property contiguous to the brownfields property shall
begin a public comment period of at least 30 days from the later latest
date of publication.publication, posting, and mailing or
delivering. During the public comment period, members of the public,
residents of the community in which the brownfields property is located, and
local governments having jurisdiction over the brownfields property may submit
comment on the proposed brownfields agreement, including methods and degree of
remediation, future land uses, and impact on local employment.
(c) Any person who
desires a public meeting on a proposed brownfields agreement shall submit a
written request for a public meeting to the Department within 21 days after the
public comment period begins. The Department shall consider all requests for a
public meeting and shall hold a public meeting if the Department determines
that there is significant public interest in the proposed brownfields
agreement. If the Department decides to hold a public meeting, the Department
shall, at least 15 days prior to the public meeting, mail written notice of the
public meeting to all persons who requested the public meeting and to any
other person who had previously requested notice.each owner of property
contiguous to the brownfields property. The Department shall also direct
the prospective developer to publish, at least 15 days prior to the date of the
public meeting, a notice of the public meeting at least one time in a newspaper
having general circulation in such county where the brownfields property is
located. In any county in which there is more than one newspaper having general
circulation, the Department shall direct the prospective developer to publish a
copy of the notice in as many newspapers having general circulation in the
county as the Department in its discretion determines to be necessary to assure
that the notice is generally available throughout the county. The Department
shall prescribe the form and content of the notice to be published. The
Department shall prescribe the procedures to be followed in the public meeting.
The Department shall take detailed minutes of the meeting. The minutes shall
include any written comments, exhibits, or documents presented at the meeting.
(d) Prior to entering into a brownfields agreement, the Department shall take into account the comment received during the comment period and at the public meeting if the Department holds a public meeting. The Department shall incorporate into the brownfields agreement provisions that reflect comment received during the comment period and at the public meeting to the extent practical. The Department shall give particular consideration to written comment that is supported by valid scientific and technical information and analysis and to written comment from the units of local government that have taxing jurisdiction over the brownfields property."
SECTION 2. This act becomes effective October 1, 2009, and applies to Notices of Intent to Redevelop a Brownfields Property and summaries of Notices of Intent submitted on or after that date.
In the General Assembly read three times and ratified this the 18th day of June, 2009.
s/ Walter H. Dalton
President of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 11:33 a.m. this 26th day of June, 2009