1. (a) The owner or owners of any affected property may deliver to any local government that has jurisdiction over the affected property a written petition requesting the local government to establish a brownfield redevelopment district, as a separate public corporation for the purposes of this chapter, for the affected property. The petition shall be executed by the owners of all affected properties who elect to be included within the district and shall set forth in the petition, or by attachments, all of the following:

   1. (1) The name and address of each owner.
   2. (2) A confirmation of the ownership of the affected properties to be included in the district.
   3. (3) The designation of a person, who may or may not be an owner of any affected property, to act as a representative of the owners before the local government.
   4. (4) A request that the local government adopt a resolution approving the formation of the district as a public corporation, approving the form of the articles of incorporation of the district, and authorizing the representative of the owners to form the district.

   5. (5) A proposed form of the articles of incorporation of the district which shall include all of the following:

      1. a. The names of the owners of the affected properties to be included within the district.
      2. b. A statement that the district is organized pursuant to this section by authority of the resolution adopted by the local government, a copy of which shall be attached to the articles of incorporation.
      3. c. The name of the district which shall be in the form of “The Brownfield Redevelopment District of the City (or Town) of,” including such words or numerals sufficient to distinguish the district from other districts established by the local government (e.g., “West,” “1,” or “I”).
      4. d. A description by any reasonable reference method, including metes and bounds, tax assessment tracts, subdivision lots, or deeds of the affected properties to be included in the district.
      5. e. The location of the principal office of the district which shall be within the boundaries of the district and may be the principal office of the local government.
      6. f. The number and terms of office of the directors of the district.
      7. g. The period of the duration of the district, which shall not exceed 30 years from the October 1 which next succeeds the date of establishment of the district.
      8. h. That the district shall be a nonprofit corporation and no part of the net earnings which remain after payment of expenses shall inure to the benefit of any person other than the local government.
      9. i. That upon dissolution of the district as provided by law, title to any property then owned by the district shall immediately vest in the local government.

2. (b) The governing body of the local government shall consider the petition as soon as practicable after receipt and, if the governing body determines that formation of the district is in the public interest, shall adopt a resolution upon original introduction of the petition for immediate consideration at a meeting of the body. The resolution need not be by unanimous consent and shall become effective immediately without publication and shall include all of the following:

   1. (1) A legislative determination that the establishment and incorporation of the district is necessary and in the public interest.
   2. (2) A legislative determination that all of the affected properties to be included in the district are located within the corporate limits or territorial boundaries of the local government.
   3. (3) The approval of the proposed form of the articles of incorporation of the district as set forth in the petition.
   4. (4) The authorization of the records clerk of the local government to provide to the representative of the owners of the affected property a certified copy of the resolution and of the proceedings of the governing body of the local government regarding the adoption of the resolution.
   5. (5) The authorization of the representative of the owners to proceed to establish, form, and incorporate the district by recording the articles of incorporation in the office of the judge of probate of the county in which the principal office of the local government is located.

3. (c)

   1. (1) Upon receipt of the resolution and proceedings of the governing body of the local government by the representative of the owners of the affected property, the representative shall complete, execute, and acknowledge the articles of incorporation before an officer authorized by the laws of this state to take acknowledgments of deeds and file the articles of incorporation in the office directed by the resolution.
   2. (2) Upon filing the articles of incorporation, the district shall come into existence as a public corporation under the name provided in the articles of incorporation and have all authority and powers provided by this chapter. The recorded articles of incorporation shall be conclusive evidence of the legal and valid incorporation of the district in all courts.
4. (d) A municipality or county may only establish a brownfield redevelopment district that includes affected property within the corporate limits or territorial boundaries thereof, provided a county may include any affected property within a municipality that is within the county so long as a majority of the members of the governing body of the municipality consent.
5. (e) A brownfield redevelopment district established pursuant to this chapter shall constitute a governmental entity as defined in Chapter 93 of Title 11 for purposes of limiting the damages for which the district and all of the district’s directors, officers, and agents may be liable.
6. (f) Upon establishing a brownfield redevelopment district, the applicants of qualifying property located within the district who meet the criteria provided in Section 22-30E-8 shall qualify for those limitations of liability provided in Section 22-30E-9(a) and (g), provided that each applicant of a qualifying property located within the district shall covenant not to sue any other applicant within the district commensurate with the release of liability provided to each applicant.

(Act 2023-356, §2)