GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005
SESSION LAW 2006-71
SENATE BILL 1121
AN ACT to Amend the Brownfields Property Reuse Act of 1997.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 130A-310.31(b)(3) reads as rewritten:
"(3) "Brownfields
property" or "brownfields site" means abandoned, idled, or
underused property at which expansion or redevelopment is hindered by actual
environmental contamination or the possibility of environmental contamination
and that is or may be subject to remediation under any State remedial program
other than Part 2A of Article 21A of Chapter 143 of the General Statutes or
that is or may be subject to remediation under the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. §
9601 et seq.). (42 U.S.C. § 9601, et seq.) except for a site listed on
the National Priorities List pursuant to 42 U.S.C. § 9605."
SECTION 2. G.S. 130A-310.31(b)(5) reads as rewritten:
"(5) "Unrestricted use
standards" when used in connection with "cleanup",
"remediated", or "remediation" means that cleanup or
remediation of contamination compliescontaminant concentrations for each
environmental medium that are considered acceptable for all uses and that
comply with generally applicable standards, guidance, or established
methods governing the contaminants that are established by statute or adopted,
published, or implemented by the Environmental Management Commission, the
Commission, or the Department instead of the risk based standards
established by the Commission pursuant to this Part.site-specific
contaminant levels established pursuant to this Part."
SECTION 3. G.S. 130A-310.31(b)(10) reads as rewritten:
"(10) "Prospective developer" means
any person who desireswith a bona fide, demonstrable desire to
either buy or sell a brownfields property for the purpose of developing or
redeveloping that brownfields property and who did not cause or contribute to
the contamination at the brownfields property."
SECTION 4. G.S. 130A-310.34(b) reads as rewritten:
"(b) Publication of the
approved summary of the Notice of Intent in the North Carolina Register and
publication in a newspaper of general circulation shall begin a public comment
period of at least 60 30 days from the later date of publication.
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."
SECTION 5. G.S. 130A-310.34(c) reads as rewritten:
"(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 30 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 30 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.
The Department shall also direct the prospective developer to publish, at least
30 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."
SECTION 6. G.S. 130A-310.37(c) reads as rewritten:
"(c) The Department shall
not enter into a brownfields agreement for a brownfields site that is
identified by the United States Environmental Protection Agency as a federal
Superfund site pursuant to 40 Code of Federal Regulations, Part 300 (1 July
1996 Edition).site listed on the National Priorities List pursuant to 42
U.S.C. § 9605."
SECTION 7. This act becomes effective 1 January 2007.
In the General Assembly read three times and ratified this the 30th day of June, 2006.
s/ Beverly E. Perdue
President of the Senate
s/ Richard T. Morgan
Speaker Pro Tempore of the House of Representatives
s/ Michael F. Easley
Governor
Approved 2:58 p.m. this 10th day of July, 2006