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North Carolina's largest business group proudly serves as the state chamber of commerce

Brownfields Redevelopment

Position: NCCBI supports State funding of sufficient N. C. Department of Environment and Natural Resources (DENR) staff to enable expeditious reviews and approvals of brownfields agreements.

NCCBI supports modifying the brownfields law to extend to other parties some version of the liability protections now afforded to prospective developers, including providing some protection to parties who caused or contributed to contamination at the property.

NCCBI supports the implementation of additional state incentives for the reuse of brownfields properties, such as tax benefits on increase in value and total investment, loans and grants, prospective no-action comfort letters, and expedited zoning review.

Explanation:  NCCBI, as a part of its “Smart Growth” initiative, supports the effective reuse of properties with actual or perceived environmental contamination, which are often referred to as “brownfields.”  Rehabilitation of these unused and underused properties encourages development of urban and other areas; enhances municipal tax bases; provides additional employment opportunities, especially to populations who can most benefit from them; more effectively utilizes existing infrastructure, thereby reducing sprawl; and enhances the community’s sense of well-being.

NCCBI actively encouraged and supported the introduction and adoption of legislation during the 1997 General Assembly to provide for brownfields agreements and procedures to encourage the remediation and reuse of brownfields.  By requiring that the site and any remediation be conducted to the point where the property will be safe for designated uses, this legislation and the brownfields agreements enable developers to reuse brownfields properties without taking on undue liability.

However, in order for the program to be effective, review of materials submitted to DENR for approval of a brownfields redevelopment plan must be expeditious.

The brownfields law, as presently structured, does not allow owners of brownfields properties who caused or contributed to contamination to qualify for liability protection and to enter into brownfields agreements with DENR.  This significantly limits the number of brownfields properties that are likely to be reused because of the need for an independent, outside developer to enter into an agreement with DENR.

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