Makes various changes to statutes as recommended by the Department of Environmental Quality (DEQ), as described.
Section 1
Adds a new GS 143B-279.21, requiring the governing authority having control over public buildings or schools governed by the governing body of a public school unit with facilities for group meetings to permit the use of such buildings without charge (except custodial and utility fees) to DEQ for public hearings, except during the school day or in a way that would interfere with normal school activities or functions and subject to reasonable rules and regulations of the governing body of the public school. Entitles DEQ to use any school governed by the governing body of a public school unit or other state county or municipal building or any other building supported or maintained in whole or in part by or through tax revenues. Does not allow DEQ to use any tax-exempt church property for hearings without the express consent of the church involved.
Adds a subdivision (70) to GS 115C-47 requiring local boards of education to adopt policies to allow DEQ to access facilities that can facilitate group meetings on school property.
Adds a new Section 115C-238.35A requiring charter schools to adopt policies to allow DEQ to access facilities that can facilitate group meetings on school property.
This section would apply beginning with the 2025-26 school year.
Section 2
Amends GS 130A-310.7(a) clarifying that a landowner who purchases property with knowledge that disposal of hazardous substances or waste occurred on the property or with a reasonable basis for knowing that disposal of hazardous substances or waste occurred on the property is a responsible party if they conduct any activity that causes exposure to or migration of the existing contamination.
Section 3
Adds a new GS 130A-295.07 requiring that an “off-site recycling facility” (as defined) comply with the requirements of Article 9 of GS Chapter 130A (solid waste management) and with 15A NCAC 13A .0113). Clarifies that a hazardous waste facility that accepts hazardous waste from off-site for recycling and meets the definition of “commercial” in GS 130A-290 is subject to the requirements of Article 9 and rules adopted by the Environmental Management Commission applicable to commercial hazardous waste facilities.
Section 4
Clarifies under GS 130A-310.39 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 a prospective developer or owner of a property subject to a recorded Notice of Brownfields Property that is out of compliance with the Notice pay a fee to DEQ and the Department of Justice sufficient to cover the costs to the State to enforce or otherwise seek to correct noncompliance.
These fees are to be credited to the Brownfields Property Reuse Act Implementation Account.
If a prospective developer fails to pay the full amount of any fee due under this statute, interest on the unpaid portion of the fee accrues at the rate established by the Secretary of Revenue from the time the fee is due until it is paid. A lien for the amount of the unpaid fee plus interest attaches to the real and personal property of the prospective developer and to the property until the fee an interest is paid. DEQ also may collect unpaid fees and interest in any manner that a unit of local government may collect delinquent taxes.
Section 4
Amends GS 105-277.13 clarifying that brownfields property tax exclusion applies from the first five taxable years beginning after completion of qualifying improvements or the date upon which DEQ provides written confirmation that the prospective developer and the proposed improvements are eligible to receive a brownfields agreement (was completion of qualifying improvements or the date of the brownfields agreement). This subsection is effective January 1, 2026.
Clarifies that “qualifying improvements” are those made to real property “as prescribed in a recorded Notice of Brownfields Property” (was “real property that is subject to a brownfields agreement"). Adds column headings to table of percentage of appraised value excluded. This subsection is effective for taxes imposed for taxable years beginning on or after July 1, 2025.
Section 5
Amends GS 130A-309.05 adding headings to subsections. Amends subsection (c) to state that recovered material is not subject to permitting requirements and allows DEQ to require a person who owns or has control over the material to demonstrate that it meets the requirements of subsection (c) (as before) or may require the person to obtain a beneficial use determination in accordance with new subsection (d).
Adds a subsection (d) to GS 130A-309.05 to permit DEQ to determine whether nonhazardous solid waste may be used or reused for a particular site or application as an alternative to disposal at a permitted solid waste facility. Outlines a process for obtaining a beneficial use determination and permits DEQ, after reviewing an application for beneficial use determination, (a) to authorize management of a specified type of nonhazardous solid waste at a site other than a permitted solid waste facility or (b) to issue a beneficial use determination with appropriate conditions for use of specific types of solid waste. Allows DEQ to require submittal of a demonstration that solid waste is being managed in a manner to protect public health or the environment. Makes beneficial use determinations valid for no longer than five years and requires requests for renewal to be made at least 60 days in advance of expiration date of the approval. Requires applicants to submit to DEQ annual report detailing usage of the material and certifying compliance with GS Chapter 130A Article 9. Allows DEQ to suspend, revoke or modify authorizations for noncompliance or if new information impacts the determination of protection of public health or the environment. Requires DEQ to provide notice on its website of approved beneficial use determinations. Allows DEQ to adopt rules and establish application fees for reuse determinations, which fees are the be credited to the Solid Waste management Account.
Becomes effective January 1, 2026.
Section 6
Amends definition of “targeted interest rate project” to include projects awarded a loan for which DEQ encourages a special focus (in addition to federal law).
Section 7
Amends GS 143-214.15 emphasizing prioritization of management practices for mitigation lands or conservation easements that promote wildlife and biological diversity and still allow, where feasible, opportunities for public recreation (was maximize opportunities for public recreation and promote wildlife and biological diversity). Further amends the statute to require the Stewardship Program to maximize use of mitigation land holdings as ecological research sites and for hunting leases when the Stewardship Program determines it is feasible to do so. Removes language regarding requests for proposal to sell land to private individuals, corporations, and other nongovernmental entities.
Section 8
Amends GS 14-130 clarifying that, for purposes of crime of trespass on public lands, “state-owned lands” includes lands subject to a conservation agreement held by the State or a State agency.
Makes technical changes to GS 1-539.1 to update language to more modern usage to the clarify that “owner” in that statute includes the holder (as defined in GS 121-35) of any conservation easement that includes the right to cut or prohibit the cutting of timber.

Statutes affected:
Filed: 115C-47, 130A-310.7, 130A-310.39, 105-277.13, 130A-309.05, 159G-20, 143-214.15, 14-130, 1-539.1