Senate committee substitute to the 1st edition makes the following changes.
Eliminates Section 1 of the previous edition, which amended GS 130A-310.39. Renumbers the remaining sections accordingly.
Alters the proposed language in GS 105-277.13 subsection (a) to reference owners of real property subject to a brownfields agreement with the Department of Environmental Quality (DEQ) under GS 130A-310.32, and to provide the exclusion under that subsection is provided for the five (was, first five) taxable years after qualifying improvements are made after July 1, 2000 (removes the written confirmation date). Specifies that subsequent qualifying improvements are also entitled to a separate exclusionary period. Changes the proposed language in subsection (b) to specify that “qualifying improvements” under the statute mean improvements made to the property after DEQ provides written confirmation of eligibility for a brownfields agreement under the Brownfields Property Reuse Act of 1997 in GS Chapter 130A.
Bill Summaries: S387 (2025-2026 Session)
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Bill S 387 (2025-2026)Summary date: Apr 29 2025 - View summary
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Bill S 387 (2025-2026)Summary date: Mar 24 2025 - View summary
Amends GS 130A-310.39 concerning fees the Department of Environmental Quality (DEQ) is required to collect pursuant to the Brownfields Property Reuse Act (Act). Clarifies that the fee for a prospective developer proposing a brownfields agreement for DEQ review is for submitted applications. Provides DHHS the discretion to set a schedule for the fees to be paid by prospective developers who enter into a brownfields agreement with DEQ, eliminating the existing requirement that fees be paid in two installments. Deletes requirements and limitations related to installment payments. Adds to the factors to be considered when setting fees for brownfields agreements to include compliance with the agreement and the Notice of Brownfields Property requirements of the Act, GS 130A-310.35. Adds a new mandated fee assessed to any prospective developer or owner of properties subject to a recorded Notice of Brownfields Property who does not comply with the Act's requirements regarding the Notice, set at an amount sufficient to cover the State's costs to enforce or correct their noncompliance. Effective January 1, 2026.
Amends GS 105-277.13, which provides a tax exclusion for qualifying improvements on brownfields properties. Modifies the definition of "qualifying improvements on brownfields properties" to mean improvements made to real property as prescribed in a recorded Notice of Brownfields Property pursuant to the Act, Part 5 of Article 9, GS Chapter 130A. Specifies that the exclusion is limited to owners subject to a recorded Notice of Brownfields Property under GS 130A-310.35, and applies to the first five taxable years beginning after completion of qualifying improvements made after the later of July 1, 2000, or the date DEQ provides written confirmation that the prospective developer and the proposed improvements are eligible to receive a brownfield agreement. Effective for taxable years beginning July 1, 2025.