Title: DRH30237-RT-12B* (03/18)
Category: Bill Draft

GENERAL ASSEMBLY OF NORTH CAROLINA	SESSION 2003

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2003
H	D
HOUSE DRH30237-RT-12B*  (03/18)

Short Title:	Groundwater Protection Act. | (Public)
Sponsors: | Representative McComas.
Referred to: |

A BILL TO BE ENTITLED
AN ACT to protect groundwater as a current and future water resource and to ENCOURAGE redevelopment of brownfields sites.
Whereas, the General Assembly finds that the groundwater of North Carolina is a valuable public and private resource; and
Whereas, the General Assembly finds that half of the population of North Carolina relies on groundwater as a drinking water source; and
Whereas, the General Assembly finds that groundwater provides the water supply for industrial and commercial uses; and
Whereas, the General Assembly finds that maintenance of the surface water and groundwater resources of North Carolina will become increasingly important to the continued economic vitality of the State; and
Whereas, the General Assembly finds that there are contaminated areas in North Carolina, including land and other property, surface water, and groundwater, that are adversely affected by environmental contamination due to the presence of drilling waste; hazardous and toxic materials, substances, and wastes; solid waste; oil; and other wastes, contaminants, and regulated substances; and
Whereas, the General Assembly finds that the presence of environmental contamination creates both potential and actual harm to public health, safety, and welfare and to the environment; and
Whereas, the General Assembly finds that this potential and actual harm results in substantial economic losses, including reduced property values and tax revenues; decreased ability to develop and expand the beneficial use of these areas; and other opportunity costs due to the uncertainties and concerns that result from the environmental contamination of these areas; and
Whereas, the General Assembly finds that it is in the public interest that contaminated areas are cleaned up and managed in a manner that protects public health, safety, and welfare and the environment; and
Whereas, the General Assembly finds that both private citizens and local governments would benefit from a source of funding to plan for and provide alternate drinking water supplies to replace contaminated drinking water wells; and
Whereas, the General Assembly finds that North Carolina would benefit both economically and environmentally by the creation of a source of funding for State remediation of contaminated sites for which no responsible party has been identified; and
Whereas, the General Assembly finds that persons responsible for contamination would benefit from the creation of a fund to provide for prevention and mitigation of hazards on sites that become a threat to the public health, safety, and welfare and the environment because of a change in conditions after successful completion of voluntary remediation; and
Whereas, the General Assembly finds that such a fund would provide greater certainty to responsible parties with respect to the extent of their obligation to remediate and would facilitate the conversion of contaminated properties to an economically beneficial use; and
Whereas, the General Assembly finds that it is the policy of this State that persons responsible for damaging natural resources have an obligation to repair the damage or mitigate the damage to the extent possible; and
Whereas, the General Assembly finds that public health, safety, and welfare and the environment can best be protected by encouraging persons responsible for groundwater contamination to remediate contaminated sites; and
Whereas, the General Assembly finds that persons responsible for groundwater contamination may have a greater incentive to undertake voluntary remediation of contaminated areas if the remediation process is streamlined; and
Whereas, the General Assembly finds that the State would benefit both environmentally and economically from encouraging redevelopment of brownfields sites; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 130A‑310 is amended by adding two new subdivisions to read:
"(1a)	'Contiguous property owner' means a person who owns real property that is contiguous to real property on which a release of a hazardous substance has occurred or is threatened and that is or may be contaminated by the release.
(1b)	'Groundwater Mitigation and Environmental Response Fund' means the Groundwater Mitigation and Environmental Response Fund established by G.S.130A-310.14."
SECTION 2.  G.S. 130A‑310.2 reads as rewritten:
"§ 130A‑310.2.  Inactive Hazardous Waste Sites Priority List.
The Commission shall develop a system for the prioritization of inactive hazardous substance or waste disposal sites based on the extent to which the sites endanger public health, safety, and welfare and the environment. The Secretary shall apply the prioritization system to the inventory of sites to maintain an Inactive Hazardous Waste Site Priority List. The List shall rank all inactive hazardous substance or waste disposal sites in decreasing order of danger. This list shall identify the location of each site and the type and amount of hazardous substances or waste known or believed to be located on the site. The List shall also identify those sites for which the responsible party has defaulted, no responsible party can be located, or the responsible party has demonstrated to the satisfaction of the Secretary that it does not have the funds to assess the site or remedy the contamination.  The Secretary shall revise and publish the List at least once every two years. The Inactive Hazardous Sites Priority List shall be used by the Department in determining budget requests and in allocating any State appropriation which may be made for remedial action pursuant to G.S. 130A-310.6, but shall not be used so as to impede any other action by the Department, or any remedial or other action for which funds are available."
SECTION 3.  G.S. 130A‑310.3 reads as rewritten:
"§ 130A‑310.3.  Remedial action programs for inactive hazardous substance or waste disposal sites.
(a)	The Secretary may issue a written declaration, based upon findings of fact, that an inactive hazardous substance or waste disposal site endangers the public health or the environment. After issuing such a declaration, and at any time during which the declaration is in effect, the Secretary shall be responsible for:
(1)	Monitoring the inactive hazardous substance or waste disposal site;
(2)	Developing a plan for public notice and for community and local government participation in any inactive hazardous substance or waste disposal site remedial action program to be undertaken;
(3)	Approving an inactive hazardous substance or waste disposal site remedial action program for the site;
(4)	Coordinating the inactive hazardous substance or waste disposal site remedial action program for the site; and
(5)	Ensuring that the hazardous substance or waste disposal site remedial action program is completed.
(a1)	Within 90 days of the date on which an owner or responsible party knows or should have known of the existence of an inactive hazardous substance or waste disposal site, the owner or responsible party shall submit to the Secretary an assessment plan for the determination of the nature, concentration, and extent of hazardous substances present in each environmental medium including but not limited to groundwater, soil, sediment, surface water, and waste.
(a2)	Within 90 days of the date the Secretary notifies the responsible party that hazardous substance remediation will be necessary, the responsible party shall:
(1)	Develop an inactive hazardous substance or waste disposal site remedial action plan for the site subject to approval by the Secretary, and 
(2)	Implement the inactive hazardous substance or waste disposal site remedial action plan within time limits specified in the Department‑approved plans.
(a3)	With the approval of the Secretary, a responsible party may employ a private environmental consulting or engineering firm to implement and oversee an assessment or a remedial action.
(b)	To the extent necessary, the Secretary shall coordinate development and implementation of a remedial action with the Environmental Management Commission, the Commissioner of Agriculture, and the Pesticide Board.
(b1)	An owner, operator, or responsible party who has completed a remedial action for hazardous substances at an inactive hazardous substance or waste disposal site pursuant to this Part shall not be required to perform any remedial action for the same release pursuant to Articles 21 or 21A of Chapter 143 of the General Statutes, unless the Department makes a later determination as provided in G.S. 130A-310.7(c).
(c)	Whenever the Secretary has issued such a declaration, and at any time during which the declaration is in effect, the Secretary may, in addition to any other powers he may have, order any responsible party:
(1)	To develop an inactive hazardous substance or waste disposal site remedial action program for the site subject to approval by the Department, and
(2)	To implement the program within reasonable time limits specified in the order.
Written notice of such an order shall be provided to all persons subject to the order personally or by certified mail. If given by certified mail, notice shall be deemed to have been given on the date appearing in the return of the receipt. If giving of notice cannot be accomplished either personally or by certified mail, notice shall be given as provided in G.S. 1A‑1, Rule 4(j).
(d)	In any inactive hazardous substance or waste disposal site remedial action program implemented hereunder, the Secretary shall ascertain the most nearly applicable cleanup standard as would be applied under CERCLA/SARA, and may seek federal approval of any such program to insure concurrent compliance with federal standards. State standards may exceed and be more comprehensive than such federal standards. The Secretary shall assure concurrent compliance with applicable standards set by the Environmental Management Commission.
(e)	For any removal or remedial action conducted entirely on‑site under this Part, to the extent that a permit would not be required under 42 U.S.C. § 9621(e) for a removal or remedial action conducted entirely on‑site under CERCLA/SARA, the Secretary may grant a waiver from any State law or rule that requires that an environmental permit be obtained from the Department. The Secretary shall not waive any requirement that a permit be obtained unless either the removal or remedial action is being conducted pursuant to G.S. 130A‑310.3(c), 130A‑310.5, or 130A‑310.6, or the owner, operator, or other responsible party has entered into an agreement with the Secretary to implement a voluntary remedial action plan under G.S. 130A‑310.9(b). The Secretary shall invite public participation in the development of the remedial action plan in the manner set out in G.S. 130A‑310.4 prior to granting a permit waiver, except for a removal or remedial action conducted pursuant to G.S. 130A‑310.5.
(f)	In order to reduce or eliminate the danger to public health or the environment posed by an inactive hazardous substance or waste disposal site, an owner, operator, or other responsible party may impose restrictions on the current or future use of the real property comprising any part of the site if the restrictions meet the requirements of this subsection. The restrictions must be agreed to by the owner of the real property, included in a remedial action plan for the site that has been approved by the Secretary, and implemented as a part of the remedial action program for the site. The Secretary may approve restrictions included in a remedial action plan in accordance with standards determined as provided in subsection (d) of this section or pursuant to rules adopted under Chapter 150B of the General Statutes. Restrictions may apply to activities on, over, or under the land, including, but not limited to, use of groundwater, building, filling, grading, excavating, and mining. Any approved restriction shall be enforced by any owner, operator, or other party responsible for the inactive hazardous substance or waste disposal site. Any land‑use restriction may also be enforced by the Department through the remedies provided in Part 2 of Article 1 of this Chapter or by means of a civil action. The Department may enforce any land‑use restriction without first having exhausted any available administrative remedies. A land‑use restriction may also be enforced by any unit of local government having jurisdiction over any part of the site. A land‑use restriction shall not be declared unenforceable due to lack of privity of estate or contract, due to lack of benefit to particular land, or due to lack of any property interest in particular land. Any person who owns or leases a property subject to a land‑use restriction under this Part shall abide by the land‑use restriction."
SECTION 4.  G.S. 130A‑310.7 reads as rewritten:
"§ 130A‑310.7.  Action for reimbursement; liability of responsible parties; notification of completed remedial action.
(a)	Subject only to the defenses set forth in this section, a responsible party is a person who causes or contributes to the existence of an inactive hazardous substance or waste disposal site by any of the following:
(1)	Discharging, releasing, or depositing any hazardous substance.
(2)	Contracting or arranging for a discharge, release, or deposit of any hazardous substance.
(3)	Accepting any hazardous substance.
(4)	Transporting or arranging for the transport of any hazardous substance for the purpose of discharging, releasing, or depositing any hazardous substance.
(5)	Owning or operating a site that contains any hazardous substance.
(6)	Owning or operating a site at the time of discharge, release, or deposit of any hazardous substance.
(a1)	An innocent landowner who is a bona fide purchaser of the inactive hazardous substance or waste disposal site without knowledge or without a reasonable basis for knowing that hazardous substance or waste disposal had occurred shall not be considered a responsible party if the landowner establishes all of the following by a preponderance of the evidence:
(1)	All of the discharge, release, or deposit of hazardous substances at the site occurred before the landowner acquired the site; or the disposal was the result of:
a.	An act of God; or
b.	An act of war; or
c.	An intentional act or omission of a third party who is not an employee or agent of the landowner or who does not have a contractual relationship with the landowner.
(2)	On or before the date of purchase, the landowner made all appropriate inquiries into the previous ownership and uses of the property in accordance with generally accepted and customary commercial standards and practices. The Secretary shall take into account any specialized knowledge or experience on the part of the landowner, the relationship of the purchase price to the value of the property if the property were not contaminated, commonly known or reasonably ascertainable information about the property, and whether the contamination is detectable by appropriate inspection. In the case of property that is used for residential or similar purposes at the time of its purchase by an entity that is neither governmental or commercial, a site inspection and title search that does not reveal information that would cause a reasonable person to make further investigation shall satisfy the requirements of this subdivision.
(3)	The landowner has provided all legally required notices with respect to the discovery of a discharge, release, or deposit of any hazardous substances at the site.
(4)	The landowner has exercised appropriate care with respect to hazardous substances found at the sites by taking reasonable steps to do all of the following:
a.	Stop any continuing discharge, release, or deposit.
b.	Prevent any threatened future discharge, release, or deposit.
c.	Conduct such remedial measures approved by the Secretary that prevent or limit human, environmental, or natural resource exposure to any previously discharged, released, or deposited hazardous substance and make the site safe for its intended use. Such measures might include the application of institutional controls and other means of preventing exposure. Unless necessary to prevent exposure, the innocent landowner is not required to restore groundwater contamination to State standards.
(5)	The landowner has provided and continues to provide full cooperation, assistance, and access to persons who are authorized to conduct any response, remedial action, or natural resource restoration at the property, including any cooperation and access necessary to install, operate, maintain, or secure any completed or partial response, remedial action, or natural resource restoration at the property.
(6)	The landowner has complied and continues to comply with any land‑use restrictions established or relied on in connection with the response, remedial action, or natural resources restoration at the property.
(7)	The landowner has not impeded and continues to not impede the effectiveness or integrity of any institutional control employed at the property in connection with a response, remedial action, or natural resources restoration.
(8)	The landowner has complied or has agreed to comply with any requirement to record any land‑use restrictions that may be required by the Secretary.
(9)	The landowner has complied and continues to comply with any request for information or administrative subpoena issued by the Secretary.
(10)	The landowner is not liable, potentially liable, or affiliated with any other person who is liable or potentially liable for any cost associated with the response, remedial action, or natural resources restoration at the property through any of the following:
a.	Any direct or indirect familial relationship.
b.	Any contractual, corporate, or financial relations, other than a contractual, corporate, or financial relationship that is created by an instrument through which title to the property is conveyed, an instrument through which sale or purchase of the property is financed, or by a contract for the sale of goods or services.
c.	A reorganization in bankruptcy of a business entity that is liable or potentially liable.
(a2)	A person whose interest or ownership in the inactive hazardous substance or waste disposal site is based on or derived from a security interest in the property shall be considered a responsible party. A responsible party shall be directly liable to the State for any or all of the reasonably necessary expenses of developing and implementing a remedial action program for such site. The Secretary shall bring an action for reimbursement of the Inactive Hazardous Sites Cleanup Fund in the name of the State in the superior court of the county in which the site is located to recover such sum and the cost of bringing the action.
(a3)	A responsible party shall also be directly liable to the State for any damage to natural resources that result from a discharge, release, or deposit of hazardous substances as provided in subsection (a) of this section. Damages shall be based on the replacement value of any contaminated groundwater for the period of time between the discovery of the contamination and the completion of an approved remedial action. To determine the replacement value of the contaminated groundwater, the Secretary shall multiply the groundwater recharge rate for the area of contaminated groundwater by a median per gallon water rate charged by public water systems in the State as determined by the Secretary. The Secretary may bring an action for natural resource damages for groundwater contamination in the superior court of the county in which the site is located or in any county in which the responsible party resides or has a place of business to recover the replacement value of contaminated groundwater and the cost of bringing the action. The State must show that a danger to public health, safety, or welfare or the environment existed and that the State complied with the provisions of this Part. Natural resource damages recovered pursuant to this section shall be deposited in the Groundwater Mitigation and Environmental Response Fund established by G.S. 130A-310.14.
(b)					If there are any unrecovered response costs incurred by the State at a property for which an owner of the property is not liable under this section and the remedial action increases the fair market value of the property above the fair market value of the property that existed before the remedial action was initiated, the State shall have a lien on the property. The owner of the property may substitute a lien on other property or provide other assurance of payment of unrecovered costs satisfactory to the Secretary. A lien created pursuant to this subsection shall meet all of the following requirements:
(1)	Be in an amount not to exceed the increase in fair market value of the property attributable to the response action at the time of the sale or other disposition of the property.
(2)	Arise at the time at which costs are first incurred by the State with respect to a response action at the site.
(3)	Continue until the earlier of:
a.	Satisfaction of the lien by sale or other means or
b.	Notwithstanding any statute of limitations under this Chapter, recovery of all response costs incurred at the site.
(c)	The definitions set out in G.S. 130A‑310.31(b) apply to this subsection. Any person may submit a written request to the Department for a determination that a site that is subject to this Part has been remediated to unrestricted use standards as provided in Part 5 of Article 9 of Chapter 130A of the General Statutes. A request for a determination that a site has been remediated to unrestricted use standards shall be accompanied by the fee required by G.S. 130A‑310.39(a)(2). If the Department determines that the site has been remediated to unrestricted use standards, the Department shall issue a written notification that no further remediation will be required at the site. The notification shall state that no further remediation will be required at the site unless the Department later determines, based on new information or information not previously provided to the Department, that the site has not been remediated to unrestricted use standards or that the Department was provided with false or incomplete information. Under any of those circumstances, the Department may withdraw the notification and require responsible parties to remediate the site to unrestricted use standards."
SECTION 5.  Part 3 of Article 9 of Chapter 130A is amended by adding a new section to read:
"§ 130A-310.14.  Groundwater Mitigation and Environmental Response Fund.
(a)	There is established under the control and direction of the Department the Groundwater Mitigation and Environmental Response Fund. The Fund shall be a nonreverting, interest-bearing fund consisting of groundwater mitigation fee payments made to the Department, monies appropriated to the Fund by the General Assembly, investment interest credited to the Fund, payments for expedited review of a risk assessment or site-specific remediation standards, administrative fees for review of a site-specific remedial action, and other monies paid to or recovered on behalf of the Fund.
(b)	The Fund may be used to pay the costs of any of the following:
(1)	Assessment or remediation of environmental contamination at sites where a responsible party cannot be identified or located, or where the responsible party is unable to pay the costs of assessment or remediation, and where there is no other dedicated source of State or federal funds to undertake remediation.
(2)	Assessment or remediation of environmental contamination at sites where a responsible party fails to comply with the requirements of G.S. 130A-310.1 or G.S. 130A-310.3.
(3)	Provision of alternative drinking water supplies for third parties affected by environmental contamination either on a temporary basis until a responsible party has been identified or on a permanent basis with respect to sites described in subdivision (1) of this subsection.
(4)	Establishment, administration, and maintenance of a geographic information system capable of mapping the land and water resources of the State where contamination exists above statewide health standards.
(5)	Administration of the Brownfields Property Reuse Act of 1997.
(6)	Audits of institutional controls."
SECTION 6.  G.S. 130A‑22(a) reads as rewritten:
"(a)	The Secretary of Environment and Natural Resources may impose an administrative penalty on a person who violates Article 9 of this Chapter, rules adopted by the Commission pursuant to Article 9, or any order issued under Article 9. Each day of a continuing violation shall constitute a separate violation. The penalty shall not exceed five thousand dollars ($5,000) per day in the case of a violation involving nonhazardous waste. The penalty shall not exceed twenty‑five thousand dollars ($25,000) per day in the case of a first violation involving hazardous waste, as defined in G.S. 130A-290, involving the disposal of medical waste as defined in G.S. 130A‑290 in or upon water in a manner that results in medical waste entering waters or lands of the State, or hazardous substances as defined in G.S. 130A-310; and shall not exceed fifty thousand dollars ($50,000) per day for a second or further violation involving the disposal of medical waste as defined in G.S. 130A‑290 in or upon water in a manner that results in medical waste entering waters or lands of the State. The penalty shall not exceed twenty‑five thousand dollars ($25,000) per day for a violation involving a voluntary remedial action implemented pursuant to G.S. 130A‑310.9(c) or a violation of the rules adopted pursuant to G.S. 130A‑310.12(b). If a person fails to pay a civil penalty within 60 days after the final agency decision or court order has been served on the violator, the Secretary of Environment and Natural Resources shall request the Attorney General to institute a civil action in the superior court of any county in which the violator resides or has his or its principal place of business to recover the amount of the assessment. Such civil actions must be filed within three years of the date the final agency decision or court order was served on the violator."
SECTION 7.  Part 1 of Article 7 of Chapter 143B of the General Statutes is amended by adding a new section to read:
"§ 143B-279.12.  Use of private environmental consulting and engineering firms.
A responsible party who enters into an agreement with the Secretary to implement a voluntary remedial action pursuant to this Part may hire a private environmental consulting or engineering firm approved by the Department to implement and oversee the voluntary remedial action. A voluntary remedial action that is implemented and overseen by a private environmental consulting or engineering firm shall be implemented in accordance with all federal and State laws, regulations, and rules that apply to remedial actions generally and is subject to rules adopted pursuant to this section. The Department may revoke its approval of the oversight of a voluntary remedial action by a private environmental consulting or engineering firm and assume direct oversight of the remedial action whenever it appears to the Department that the remedial action is not being implemented in accordance with federal and State laws, regulations, and rules or is not being implemented in accordance with the approved remediation plan. The Department may require the responsible party to take any action necessary to bring the remedial action into compliance with applicable requirements. The Environmental Management Commission shall adopt rules governing the selection and use of private environmental consulting and engineering firms to implement and oversee voluntary remedial actions by owners, operators, and responsible parties under all programs for the remediation of groundwater contamination administered by any agency of the Department of Environment and Natural Resources. Rules adopted under this subsection shall specify:
(1)	Standards applicable to private environmental consulting and engineering firms.
(2)	Criteria and procedures for approval of firms by the Department.
(3)	Requirements and procedures under which the Department monitors and audits a voluntary remedial action to ensure that the voluntary remedial action complies with applicable federal and State law, regulations, and under which the owner, operator, or other responsible party reimburses the Department for the cost of monitoring and auditing the voluntary remedial action.
(4)	Any financial assurances that may be required of an owner, operator, or other responsible party.
(5)	Requirements for the preparation, maintenance, and public availability of work plans and records, reports of data collection including sampling, sample analysis, and other site testing, and other records and reports that are consistent with the requirements applicable to remedial actions generally."
SECTION 8.  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:
a.	Any State remedial program or
b.	The Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. § 9601; except for sites listed in the National Priorities List promulgated pursuant to 42 U.S.C. § 9605."
SECTION 9.  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 complies with generally applicable standards, guidance, or established methods governing remediation of contaminants that are established by statute or adopted, published, or implemented by the Environmental Management Commission, the Commission, or the Department instead of the site-specific requirements that may allow remediation to less than unrestricted use standards incorporated in a brownfields agreement. "
SECTION 10.  G.S. 130A‑310.32(a) reads as rewritten:
"(a)	The Department may, in its discretion, enter into a brownfields agreement with a prospective developer who satisfies the requirements of this section. A prospective developer shall provide the Department with any information necessary to demonstrate that:
(1)	The prospective developer, and any parent, subsidiary, or other affiliate of the prospective developer has substantially complied with:
a.	The terms of any brownfields agreement or similar agreement to which the prospective developer or any parent, subsidiary, or other affiliate of the prospective developer has been a party.
b.	The requirements applicable to any remediation in which the applicant has previously engaged.
c.	Federal and state laws, regulations, and rules for the protection of the environment.
(2)	As a result of the implementation of the brownfields agreement, the brownfields property will be suitable for the uses specified in the agreement while fully protecting public health and the environment instead of being remediated to unrestricted use standards.
(3)	There is a public benefit commensurate with the liability protection provided under this Part.
(4)	The prospective developer has or can obtain the financial, managerial, and technical means to fully implement the brownfields agreement and assure the safe use of the brownfields property.
(5)	The prospective developer has complied with or will comply with all applicable procedural requirements.
(6)	The prospective developer has a bona fide intention to buy or sell the brownfields property."
SECTION 11.  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  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 12.  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 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. 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."
SECTION 13.  G.S. 130A‑310.37(c) reads as rewritten:
"(c)	The Department shall not enter into a brownfields agreement for any site on the National Priorities List promulgated pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9605. "
SECTION 14.  G.S. 105‑277.13(a) reads as rewritten:
"(a)	Qualifying improvements on brownfields properties are designated a special class of property under Article V, Sec. 2(2) of the North Carolina Constitution and shall be appraised, assessed, and taxed in accordance with this section. Except as provided in this subsection, an owner of land who is protected from liability for remediation pursuant to G.S. 130A-310.33(a) is entitled to the partial exclusion provided by this section for the first five taxable years beginning after completion of qualifying improvements made after the later of July 1, 2000, or the date of the brownfields agreement. If a person who caused or contributed to contamination at a brownfields property holds any ownership interest in the property, that owner is not eligible for the partial exclusion. After property has qualified for the exclusion provided by this section, the assessor for the county in which the property is located shall annually appraise the improvements made to the property during the period of time that the owner is entitled to the exclusion."
SECTION 15.  This act becomes effective 1 July 2003.

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