SEC. 49-35-9 Agreements reached before consideration by commission; public notice; notice to property owners; public hearings.

(1) (a) If the department and a brownfield party reach a proposed agreement, then at
least thirty (30) days before the date that the commission considers the proposed brownfield
agreement under Section 6 of this act, the department shall publish a public notice in a newspaper of
general circulation in the county or counties in which the brownfield agreement site is located. The
public notice shall (i) describe the proposed brownfield agreement, including the proposed
brownfield agreement site; (ii) request public comment on the proposed agreement within thirty (30)
days after the date of publication of the notice; and (iii) provide the date and location of the
commission's consideration of the proposed brownfield agreement. A copy of the proposed
brownfield agreement shall be filed for public inspection in the county courthouse of the county or
counties in which the proposed brownfield agreement site is located.

(b) The commission shall notify in writing the governing authority of the local government in which the
proposed site is located.

(c) At the time of publication of the public notice under paragraph (a) of this subsection, an applicant
brownfield party shall notify by certified mail, each record owner of property contiguous to the
brownfield agreement site identified by the brownfield party after examination of the land records of
the county or counties in which the brownfield agreement site is located at the address contained in
the county records, if available. No brownfield agreement shall be declared invalid based on failure
of any person to receive notice under this subsection.

(d) The commission may by regulation require additional public notice.

(2) The department may conduct a public hearing on the proposed brownfield agreement in the
county in which the majority of the proposed brownfield agreement site is located, or in any other
location in the local area of the proposed brownfield agreement site that is convenient to the
members of the public who may have an interest in the proposed brownfield agreement. The
department shall publish a notice of the hearing in a newspaper of general circulation in the county or
counties in which the proposed brownfield agreement site is located. The department shall provide to
the commission for review before its consideration of the proposed brownfield agreement all public
comments and the transcript of any public hearing on the proposed brownfield agreement.

Source: Laws, 1998, Ch. 528, § 5, SB 2989, eff July 1, 1998.