Bill Summary for S 387 (2025-2026)
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| View NCGA Bill Details | 2025-2026 Session |
AN ACT TO AMEND THE BROWNFIELDS PROPERTY REUSE ACT AND THE BROWNFIELDS PROPERTY TAX BENEFIT.Intro. by McInnis, Moffitt, Jarvis.
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Bill summary
House committee substitute to the 2nd edition makes the following changes.
Amends GS 105-277.13 by removing the proposed changes to what is considered qualifying improvements on brownfields property, and qualifying improvements, reverting to the original language. Adds however, that subsequent qualifying improvements also means improvements made to real property subject to a brownfields agreement entered into by the Department of Environmental Quality and the owner.
Adds the following.
Amends GS 130A-310.39 to provide that initial fees apply to prospective developers who submit an application for a proposed brownfields agreement (was, who submit a proposed brownfields agreement). Allows DEQ to specify a schedule for prospective developers to pay the full fee (formerly required payment of the fee in two installments at specified times). Requires when DEQ, in an effort to implement and monitor the brownfields agreement, must recover costs unanticipated in the agreement, that DEQ give the prospective developer or then current owner documentation supporting any fee it charges a prospective developer or current owner under this statute. Requires a property owner subject to a recorded Notice of Brownfields Property that is out of compliance with the requirements for the Notice pay a fee to DEQ and the Department of Justice equal to the costs to the State to enforce or otherwise seek to correct noncompliance.
