Sen. Berger introduces North Carolina bill regulating Eden-Duke Energy annexation deal

State Sen. Phil Berger has submitted a bill aimed at setting limits on Eden’s annexation authority and codifying an agreement with Duke Energy for the Dan River Plant Property, according to the North Carolina State Senate.

Labeled as SB 1074, the bill was filed on May 4 during the 2025 regular session and is titled: ‘Eden/Duke Energy Annexation Agreement.’

The overview below is based on the actual bill text and provides clarification on its provisions.

Essentially, the bill permits Eden to establish a binding annexation agreement with Duke Energy that prohibits involuntary annexation of the outlined Dan River Plant Property between July 1, 2025, and June 30, 2030, unless provided for in the agreement. It designates such agreements as proprietary, commercial, and aligned with state policy, making them binding on current and future city council members throughout the agreement and any extensions. Eden could receive $1 million from Duke Energy as a non-annexation payment, distributed in five annual installments of $200,000. The measure enables both parties to modify or extend the agreement by mutual consent without needing additional legislative approval and is effective upon becoming law.

In the 2025 regular session, Berger sponsored 11 other bills.

Every bill in North Carolina proceeds through a multi-stage legislative process. A legislator initiates this process by filing a bill, and it is then assigned to a committee for further consideration. Each chamber must read the bill three times. If one chamber amends a bill that the other one already approved, both bodies have to reach agreement on its final form. After identical approval in both chambers, the governor is given 10 days (or 30 if the General Assembly is out of session) to sign, veto, or allow it to become law without a signature.

Further details on bills and legislative actions are available here.

Berger received his Bachelor of Science from Averett College and his Juris Doctor from Wake Forest University School of Law in 1982.

Berger, a Republican, began serving in the North Carolina State Senate in 2023 after winning the 26th Senate district seat, following predecessor Dave Craven.