Transylvania Rural Development Authority.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 3
HOUSE BILL 185
Committee Substitute Favorable 3/11/25
Committee Substitute #2 Favorable 5/6/25

Short Title: Transylvania Rural Development Authority. (Local)
Sponsors:
Referred to:
February 26, 2025
*H185-v-3*
A BILL TO BE ENTITLED 1
AN ACT ESTABLISHING THE TRANSYLVANIA RUR AL DEVELOPMENT 2
AUTHORITY. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. Establishment. – There is established a separate and independent body 5
corporate and politic to be known as the Transylvania Rural Development Authority (the 6
"Authority"). The Authority shall have all the powers and duties granted to a rural development 7
authority established unde r Chapter 988 of the Session Laws of 1965, as amended by Chapter 8
931 of the Session Laws of 1969 and S.L. 2023-143. The board of commissioners of Transylvania 9
County shall have no authority over the Authority. 10
SECTION 2. Membership; Organization; Removal. – (a) There shall be nine 11
members of the Authority who shall be appointed by the Transylvania Economic Alliance. Each 12
member shall be a resident of Transylvania County and shall serve a term of five years. In order 13
to stagger the members' terms, the appointing authority shall, in appointing the initial members, 14
appoint one member to serve a term of two years, one member to serve a term of three years, and 15
one member to serve a term of five years. A member shall hold office until the member's 16
successor is appointed and qualified. Vacancies for unexpired terms shall be promptly filled by 17
the appointing authority, and the person appointed shall serve for the remainder of the unexpired 18
term. A member shall receive no compensation for the member's services but s hall, within the 19
limit of available funds, be entitled to reimbursement of necessary expenses, including travel 20
expenses, incurred in the discharge of duties. 21
(b) The members of the Authority shall select from among their membership a 22
person to serve as ch air, vice-chair, and any other officers they deem necessary to conduct the 23
business of the Authority. The Authority shall adopt rules and regulations consistent with the 24
provisions of Chapter 988 of the Session Laws of 1965, as amended, as necessary for the proper 25
discharge of its duties. The chair may appoint committees that are authorized by the Authority's 26
rules and regulations. The Authority shall meet regularly at the times and places specified in its 27
rules and regulations, and special meetings may be called pursuant to those rules. All meetings 28
shall be open to the public. A majority of the members shall constitute a quorum for all purposes. 29
(c) A member of the Authority may only be removed by the appointing authority 30
for inefficiency or neglect of duty or misconduct in office. No member shall be removed unless 31
the member has been given a copy of the charges at least 10 days prior to the hearing and has 32
been given an opportunity to be heard in person or by counsel. 33
SECTION 3. Staff; Employees. – Within the limits of available funds, the Authority 34
shall appoint the Transylvania Economic Alliance to operate the Authority. The Authority may 35
General Assembly Of North Carolina Session 2025
Page 2 House Bill 185-Third Edition
delegate to one or more of its members, agents, or employees the powers and duties which it 1
deems necessary to carry out its powers and duties, subject always to the supervision and control 2
of the Authority. 3
SECTION 4. Interest of Members or Employees. – No member or employee of the 4
Authority shall (i) acquire any interest, direct or indirect, in any development project or any 5
property included, or planned to be included, in any development project, or in any area which 6
the member or employee may have reason to believe may be included in any development project 7
or (ii) have any interest, direct or indirect, in any contra ct or proposed contract for materials or 8
services to be furnished or used by the Authority or in connection with any development project. 9
The acquisition of any interest in a development project or in any property or contract as 10
described in this section shall constitute misconduct in office. If any member or employee of the 11
Authority shall have already owned or controlled within the preceding two years any interest, 12
direct or indirect, in any property later included or planned to be included in any develop ment 13
project under the jurisdiction of the Authority, or has any interest in any contract for material or 14
services to be furnished or used in connection with any development project, the member or 15
employee shall disclose the interest in writing to the Authority, and the disclosure shall be entered 16
upon the minutes of the Authority. Failure to make a disclosure required by this section shall 17
constitute misconduct in office. 18
SECTION 5. Certificate of Incorporation. – The Authority shall file a copy of this 19
act with the Secretary of State and, upon receipt of the act, the Secretary of State shall issue a 20
certificate of incorporation. In any suit, action, or proceeding involving or relating to the validity 21
or enforcement of any contract or act of the Authority, a copy of the certificate of incorporation 22
duly certified by the Secretary of State shall be admissible in evidence and shall be conclusive 23
proof of the legal establishment of the Authority. 24
SECTION 6. Environmental Issues. – Notwithstanding any other provision of law, 25
neither Transylvania County or any other county, the State of North Carolina, or any other 26
governmental unit that provides funds to the Authority for a development project or other project 27
shall be liable for any environmental issues, known or unknown, related to the project solely 28
because of providing funds. 29
SECTION 7. This act applies only to Transylvania County. 30
SECTION 8. This act is effective when it becomes law. 31