AN ACT to provide that an environmental document under the state environmental policy act is not required in connection with projects that receive public monies in the form of certain economic incentives payments.


The General Assembly of North Carolina enacts:


SECTION 1.  G.S. 113A-12 reads as rewritten:

" 113A-12.  Environmental document not required in certain cases.

No environmental document shall be required in connection with:

(1)        The construction, maintenance, or removal of an electric power line, water line, sewage line, stormwater drainage line, telephone line, telegraph line, cable television line, data transmission line, or natural gas line within or across the right-of-way of any street or highway.

(2)        An action approved under a general permit issued under G.S. 113A-118.1, 143-215.1(b)(3), or 143-215.108(c)(8).

(3)        A lease or easement granted by a State agency for:

a.         The use of an existing building or facility.

b.         Placement of a wastewater line on or under submerged lands pursuant to a permit granted under G.S. 143-215.1.

c.         A shellfish cultivation lease granted under G.S. 113-202.

(4)        The construction of a driveway connection to a public roadway.

(5)        A project for which public monies are expended if the expenditure is solely for the payment of incentives pursuant to an agreement that makes the incentive payments contingent on prior completion of the project or activity, or completion on a specified timetable, and a specified level of job creation or new capital investment."

SECTION 2.  This act becomes effective June 1, 2010, but does not apply to any pending litigation or orders issued by a court of competent jurisdiction prior to that date.

In the General Assembly read three times and ratified this the 10th day of July, 2010.






                                                                         Walter H. Dalton

                                                                         President of the Senate






                                                                         Joe Hackney

                                                                         Speaker of the House of Representatives






                                                                         Beverly E. Perdue




Approved __________.m. this ______________ day of ___________________, 2010