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.
If you have comments on any of the NCCBI positions
or other issues,
please
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