GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 2
HOUSE BILL 185
Committee Substitute Favorable 3/11/25
Short Title: Transylvania Rural Development Authority. (Local)
Sponsors:
Referred to:
February 26, 2025
*H185 -v-2*
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 under 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 as follows: three members by the Governor, 12
and six members by the General Assembly under G.S. 120-121, three of whom are appointed 13
upon the recommendation of the President Pro Tempore of the Senate, and three of whom are 14
appointed upon the recommendation of the Speaker of the House of Representatives. Each 15
member shall be a resident of Transylvania County and shall serve a term of five years. In order 16
to stagger the members' terms, each appointing authority shall, in appointing the initial members, 17
appoint one member to serve a term of two years, one member to serve a term of three years, and 18
one member to serve a term of five years. A member shall hold office until the member's 19
successor is appointed and qualified. Vacancies for unexpired terms shall be promptly filled by 20
the original appointing authority, and the person appointed shall serve for the remainder of the 21
unexpired term. A member shall receive no compensation for the member's services but shall, 22
within the limit of available funds, be entitled to reimbursement of necessary expenses, including 23
travel expenses, incurred in the discharge of duties. 24
(b) The members of the Authority shall select from among their membership a 25
person to serve as chair, vice-chair, and any other officers they deem necessary to conduct the 26
business of the Authority. The Authority shall adopt rules and regulations consistent with the 27
provisions of Chapter 988 of the Session Laws of 1965, as amended, as necessary for the proper 28
discharge of its duties. The chair may appoint committees that are authorized by the Authority's 29
rules and regulations. The Authority shall meet regularly at the times and places specified in its 30
rules and regulations, and special meetings may be called pursuant to those rules. All meetings 31
shall be open to the public. A majority of the members shall constitute a quorum for all purposes. 32
(c) A member of the Authority may only be removed by the original appointing 33
authority for inefficiency or neglect of duty or misconduct in office. No member shall be removed 34
unless the member has been given a copy of the charges at least 10 days prior to the hearing and 35
has been given an opportunity to be heard in person or by counsel. 36 General Assembly Of North Carolina Session 2025
Page 2 House Bill 185-Second Edition
SECTION 3. Staff; Employees. – Within the limits of available funds, the Authority 1
may appoint a secretary, legal counsel, technical experts, and any other officers, agents, and 2
employees as it may require and shall determine their qualifications, duties, and compensation. 3
The Authority may delegate to one or more of its members, agents, or employees the powers and 4
duties it deems necessary to carry out its powers and duties, subject always to the supervision 5
and control of the Authority. 6
SECTION 4. Interest of Members or Employees. – No member or employee of the 7
Authority shall (i) acquire any interest, direct or indirect, in any development project or any 8
property included, or planned to be included, in any development project, or in any area which 9
the member or employee may have reason to believe may be included in any development project 10
or (ii) have any interest, direct or indirect, in any contract or proposed contract for materials or 11
services to be furnished or used by the Authority or in connection with any development project. 12
The acquisition of any interest in a development project or in any property or contract as 13
described in this section shall constitute misconduct in office. If any member or employee of the 14
Authority shall have already owned or controlled within the preceding two years any interest, 15
direct or indirect, in any property later included or planned to be included in any development 16
project under the jurisdiction of the Authority, or has any interest in any contract for material or 17
services to be furnished or used in connection with any development project, the member or 18
employee shall disclose the interest in writing to the Authority, and the disclosure shall be entered 19
upon the minutes of the Authority. Failure to make a disclosure required by this section shall 20
constitute misconduct in office. 21
SECTION 5. Certificate of Incorporation. – The Authority shall file a copy of this 22
act with the Secretary of State and, upon receipt of the act, the Secretary of State shall issue a 23
certificate of incorporation. In any suit, action, or proceeding involving or relating to the validity 24
or enforcement of any contract or act of the Authority, a copy of the certificate of incorporation 25
duly certified by the Secretary of State shall be admissible in evidence and shall be conclusive 26
proof of the legal establishment of the Authority. 27
SECTION 6. Environmental Issues. – Notwithstanding any other provision of law, 28
neither Transylvania County or any other county, the State of North Carolina, or any other 29
governmental unit that provides funds to the Authority for a development project or other project 30
shall be liable for any environmental issues, known or unknown, related to the project solely 31
because of providing funds. 32
SECTION 7. This act applies only to Transylvania County. 33
SECTION 8. This act is effective when it becomes law. 34