Conference report to the 3rd edition removes content of the previous edition and replaces it with the following. Makes conforming title changes.

Part I.

Retitles the act to the Disaster Recovery Act of 2024 – Part II.  Declares act’s intent that its appropriations and allocations are for maximum amounts necessary. Directs that savings must be effected where the total amounts appropriated or allocated are not required to implement the act. Defines affected area as the counties designated before, on, or after the effective date of the act under a major disaster declaration by the President of the United States under the Stafford Act (PL 93-288) as a result of Hurricane Helene. Also defines FEMA, Helene Fund (the Hurricane Helene Disaster Recovery Fund established in Section 4.1 of SL 2024-51), OSBM (Office of State Budget and Management), Recipient (a State agency or non-State entity, as those terms are defined in GS 143C-1-1 of the State Budget Act), and Savings Reserve. Specifies that the appropriations provisions of the act (Section 2.1(a)) apply to North Carolina counties in the affected area, unless otherwise provided.

Part II. Appropriations and Availability

Section 2.1(a)

Sets forth a schedule of appropriations from the Helene Fund for the budgets of State agencies and non-State entities, and for other purposes enumerated for the 2024-25 fiscal year:

• NC Community College System: $16.75 million
• Department of Public Instruction (DPI): $65 million
• UNC: $20 million
• Department of Health and Human Services (DHHS): $71.4 million
• Department of Commerce (DOC): $56 million
• Department of Environmental Quality (DEQ): $139 million
• Department of Public Safety (DPS): $130 million
• OBSM: $5.5 million
• Treasurer $100.5 million

2.1(a1)

Sets forth a schedule of appropriations from the OSBM Disaster Relief Reserve for the budgets of State agencies and  non-State entities, and for other purposes enumerated for the 2024-25 fiscal year:

• DPS: $40 million

Section 2.1(b)

Directs that funds received (1) on or after September 1, 2024, under the Stafford Act (PL 93-288) and other federal disaster assistance programs for State disasters as a result of Hurricane Helene and (2) by the State for  federal disaster assistance programs for PTC8 and Tropical Storm Debby, are appropriated in the amounts provided in the notifications of award from the federal government or any entity acting on behalf of the federal government to administer federal disaster recovery funds. Directs OSBM and affected State agencies to report all notifications of award, including the award amount, duration and purpose, to the specified NCGA committee and the Fiscal Research Division (FRD) of the General Assembly within 30 days of notification.

Section 2.1(c)

Directs the State Controller to make the following transfers from the Savings Reserve:

• $604,150,000 for the 2024-25 fiscal year to the Helene Fund;
• $40 million for the 2024-25 fiscal year to the OSBM Disaster Relief Reserve. 

Requires new budget fund be established in the OSBM Disaster Relief Reserve to provide necessary relief and assistance of the effects of PTC8 and Tropical Storm Debby, as provided in the act.  Directs each state agency that receive federal funds and funds appropriated from the new fund as described to budget and account for those funds separately.

Section 2.2

Sets forth the following availability of funds for Hurricane Helene disaster response derived from the Savings Reserve and other adjustments for the 2024-25 fiscal year:

• Total Hurricane Helene Fund (Fund) Availability (appropriation from PL 2024-51 and the act): $877,150,000
• Additional Hurricane Helen Response Funds (unobligated needs-based scholarship funds in the act and unobligated funds in the clean water and drinking water reserves set forth in PL 2024-51): $77.1 million
• Total Hurricane Funding Availability: $954,250,000
• Less appropriations from in SL 2024-51 and the act from both the Fund and the Additional Hurricane Helen Response Funds, funds remaining: $0

Part III.

Section 3.1. General Provisions

Directs that except as otherwise provided, funds appropriated under Part II of the act revert to the Savings Reserve if not expended or encumbered by June 30, 2030.

Declares that State funds paid under the act are in excess over funds received by a recipient from the settlement of a claim for loss or damage covered under the recipient's applicable insurance policy in effect or federal aid. Requires recipients to use best efforts and take all reasonable steps to obtain alternative funds that cover the losses or needs for which the State funds are provided, including funds from insurance policies in effect and available federal aid. Requires recipients to remit State funds to the State agency where they were provided if the recipient obtains the above alternative funds.  Provides for notice to recipients of these requirements and requires these requirements to be set forth in any instrument of agreement for funds under the act.

Prevents the Governor from using the act’s funds to make budget adjustments under GS 143C-6-4 (state budget act) or to make reallocations under GS 166A-19.40(c)(use of contingency and emergency funds). Directs that the Governor, to the extent practicable, refrain from using State funds to cover costs that will be, or likely will be, covered by federal funds.

Starting January 15, 2025 and until all funds from the act are expended, requires OSBM to report six required prongs of information quarterly to the chairs of the specified NCGA committees and the FRD on the implementation of the act,  including a summary of activities, funds returned to the Savings Reserve along with any additional reports or information required by FRD.  Requires non-State entities administering or receiving funds appropriated under the act to assist and fully cooperate with OSBM in meeting its reporting obligations.

Section 3.2

Declares the NCGA's intent to review federal funding appropriated by Congress for disaster relief and to consider actions needed to address any remaining unmet needs along with the adequacy of the measures funded by the act at that time.

Section 3.3

Declares NCGA's intent that each State agency should strive to acquire goods and services from historically underutilized business vendors, whether directly as principal contractors or indirectly as subcontractors or otherwise for rebuilding and relief efforts.

Section 3.4

Authorizes the Governor to establish time and full-time personnel positions to implement the act. Directs that those positions be time limited and exempt from the State Human Resources Act.

Part IV. Implementation of Act

Part IV-A. Education

Section 4A.1

Amends the school calendar flexibility provision of SL 2024-51 to extend the calendar flexibility from September 2024 through November 2024 (was, just September and October 2024).  Authorizes the Superintendent of Public Instruction to allow a public school unit to deem as complete up to 20 additional instructional days or equivalent hours in addition to the 20 days already granted under SL 2024-51 upon the request of a public school unit. Directs the Superintendent to only authorize additional days under to the extent necessary to address the extreme extenuating circumstances of the requesting public school unit.      

Section 4A.2

Directs that students who had to withdraw from a charter school due to the impacts of  Hurricane Helene are not required to reapply for the 2025-26 school year.

Section 4A.3

Establishes a $5 million dollar tuition grant program from the funds appropriated from the Helene Fund to the Community Colleges Systems Office (Systems Office) in the act to administer and award eligible students (defined) from six listed community colleges the cost of in-state tuition and registration fees for the spring semester of the 2024-25 academic year.  Requires grant recipients to refund any grant funds if the student receives a scholarship or other grant covering tuition from other sources except for the additional need-based scholarship awards and emergency scholarship grants established by the act. Exempts students from the requirements for State funds set forth in Section 3.1 above.  Authorizes the Systems Office to add requirements to applications for grant funds at its discretion. In the event there are not sufficient funds to provide the full tuition grant amount to each eligible student, directs that each eligible student will receive a tuition grant equal to the pro rata share of funds available.            

Section 4A.4

Allocates $5.5 million in nonrecurring funds of the Helene Funds appropriated in the act to the UNC Board of Governors to UNC Asheville for it to administer a tuition grant program for eligible students (defined) for in-state tuition for the spring semester of the 2024-25 academic year.  Requires grant recipients to refund any grant funds if the student receives a scholarship or other grant covering tuition from other sources except for the additional need-based scholarship awards and emergency scholarship grants established by the act. Exempts students from the requirements for State funds set forth in Section 3.1 above.  Authorizes UNC Asheville to add requirements to applications for grant funds at its discretion. In the event there are not sufficient funds to provide the full tuition grant amount to each eligible student, directs that each eligible student will receive a tuition grant equal to the pro rata share of funds available.   

Section 4A.5

Authorizes recognized educator preparation programs (EPP’s) at six private institutions of higher education and three UNC constituent institutions to admit individual students without requiring the 19 students to meet any of the testing/degree criteria set forth in GS 115C-269.15(a) for applications for admission for the spring semester of the 2024-25 academic year only.                                                              

Section 4A.6

Defines affected institution of higher education to mean seven private institutions of higher education, three UNC constituent institutions, and fourteen community colleges. Defines Authority (State Education Assistance Authority) and Institution of Higher Education.

Establishes emergency scholarship grants up to $2,500 per student for postsecondary students enrolled in a State institution of higher education who have suffered financing hardship due to the damage and destruction from Hurricane Helene.  Directs that the grants can be used to cover any expenses that support a student's continued enrollment, including costs related to transportation, textbooks, tuition, fees, and living expenses. Requires eligible institutions of higher education to being accepting student applications by November 15, 2024. Requires grant applicants to demonstrate by documentation: (1) the student has a financial need related to the impact of Hurricane Helene and (2) the student is either enrolled an affected institution of higher education or resides, temporarily or permanently, in the affected area.  Requires grants to be awarded by institutions of higher education within two weeks of receipt of the application or as soon as otherwise practicable. Allows institutions of higher education to establish priority based on the number of applicants and available funds, including giving priority to students who have established the greatest financial need.  Allows institutions to increase the award to an eligible postsecondary student who previously received funds or solicit additional applications from eligible postsecondary students, provided that the award to an individual student does not exceed $2,500 per semester, if the institution has unexpected funds remaining.  Exempts students from the requirements for State funds set forth in Section 3.1 above. 

Allocates: (1) $5 million in nonrecurring funds to the UNC Board of Governors, (2) $10.5 million in nonrecurring fund to the State Board of Community Colleges (SBCC), and (3) $1 million for eligible postsecondary institutions from the funds appropriated by the act from the Helene Fund for the 2024-25 fiscal year so that these institutions of higher education can provide such funds to UNC constituent institutions/community colleges/and private institutions of higher education for the emergency scholarship grants described above. Allocates the $1 million for private institutions to the UNC Board of Governors for allocation to those institutions. Establishes the following priority for award of funds: (1) the specified affected institutions of higher education; (2) another UNC constituent institution/community/private institution who has an eligible postsecondary student enrolled at the institution who (i) resides, temporarily or permanently, in the affected area or (ii) has transferred to the institution due to the damage and destruction caused by Hurricane Helene. Authorizes constituent institutions/community colleges/private institutions to establish additional criteria. Prevents the Board of Governors or SBCC from establishing additional eligibility requirements for the administration of the program.  

Requires the UNC Board of Governors, the SBCC and the Authority to report on the implementation of the program at recipient institutions of higher education, including the number and type of institutions of higher education that were allocated funds, the amount of funds  allocated to each institution, the number of emergency scholarship grants awarded to students and the amount of those grants, the use of emergency scholarship grant funds by eligible  postsecondary students, any funds reimbursed to institutions due to coverage of losses by alternative funds, and any remaining funds available for awards in subsequent semesters to the specified NCGA committee and FRD. Requires private institutions to report to the Authority on the implementation of the program, including the required information listed above. 

Section 4A.7

Sets forth definitions including eligible private institution, eligible public institution, and eligible student. Requires the Authority to award scholarship grants for each semester of the 2024-2025 academic year to every eligible student to account for the additional financial hardship inflicted by the damage and destruction from Hurricane Helene. Exempts students from the requirements for State funds set forth in Section 3.1 above.  Sets the following order for allocation of funds and award amounts:

1. From funds appropriated to the UNC Board of Governors in the act for the 2024-25 fiscal year and allocated to the Authority for need-based scholarship awards pursuant to this section and from the unobligated  funds in the Scholarship Reserve Fund for Public Colleges and Universities available for use for the 2024-25 fiscal year, the Authority, in consultation with the President of The University of North Carolina and the President of the North Carolina Community College System, will administer supplemental grants to all eligible students enrolled at eligible  postsecondary institutions and shall maximize award amounts from funds available, to the extent possible, in accordance with the payment schedule adopted pursuant to GS 116-209.83 (State need-based scholarships for public institutions of higher education). 
2. From the unobligated funds available for use for need-based scholarships for students attending private institutions of higher education for the 2024-25 fiscal year, the Authority shall award all eligible students enrolled at eligible private postsecondary institutions. However, each student cannot receive any more than $850 under this provision. 

Directs the Authority to report to the specified NCGA committee on the dollar amounts of awards disbursed, the number of student awardees, and a breakdown of the postsecondary institutions receiving awards by no later than March 15, 2025. 

Section 4A.8

Defines community partner, eligible public school unit (a public school unit located in an affected area that qualifies for FEMA Individual and Public Assistance Categories A-G), mental health services, and telehealth.  Directs that of the funds appropriated from the Helene Fund to DPI, $5 million in nonrecurring funds be used to provide increased mental health services to students, families, and school personnel in eligible public school units to assist with the recovery process, trauma care, and reintegration into academic life following the impacts of Hurricane Helene. Requires DPI to determine the amount to be allocated to each eligible public school unit by allocating each eligible public school unit an initial amount of $30,000 and then distributing the remaining funds on the basis of allotted average daily membership. Allows eligible public school units to use allocated funds to provide students access to mental health services through any of the following: (1) contracting with community partners; (2) hiring or contracting for the services of schools health personnel; or (3) hiring or contracting for the services of licensed mental health professionals not currently employed by a public school unit or identified in GS 115C-316.2 (school health personnel).  Allows for such services to be provided in person or by telehealth.  Requires DPI to report to the specified NCGA committees by no later than March 15, 2025, on the amount of funds received by each eligible public school unit and description of how the funds were used. 

Part IV-B. Health and Human Services

Section 4B.1

Allows DHHS, Division of Health Service Regulation (DHSR) to extend an initial license issued to an adult care home or a family care home located in the affected area if the initial license is due to expire within the six-month period commencing September 25, 2024, and ending March 25, 2025. Directs that the period of extension will not exceed 90 days from the expiration date of the initial license.  Directs that as used in this section, the terms "adult care home" and "family care home" are as defined in GS 131D-2.1 (pertaining licensing of adult care homes). Effective when this section comes law and expires when the statewide declaration of emergency issued by the Governor in Executive Order No. 315, concurred to by the Council of State and as extended pursuant to SL 2024-51 or any other enactment of a general law, expires.

Section 4B.2

Amends Section 4 of SL 2023-15, extending the acute hospital care at home program, to now refer to that program as an initiative.  Makes technical and conforming changes.  Changes the effective date so that it expires either as prescribed by the enabling federal statute or subsequent federal law or regulation enacted to extend the expiration date. Directs DHHS’s Secretary to notify the Revisor of Statutes of any federal law or regulation enacted to extend the expiration date of the initiative beyond December 31, 2024. 

Section 4B.3

Directs that neither the NC Medical Board nor the NC Board of Nursing may: (1) enforce any provision of the annual review rules of the quality improvement plan rules for collaborative practice agreements under specified State regulations if the physician assistant or nurse practitioner resides in or is employed in the affected area or (2) require any individual to fill out an application or pay a fee under the applicable State regulations if the individual is: (a) providing volunteer health care services in the affected area to assist with disaster recovery and relief efforts within the scope of his or her license or (b) qualifies because they reside in or are employed in the affected area. Specifies that any physician assistant or nurse practitioner holding a license or approval to practice that has been surrendered or is currently suspended due to disciplinary action does not qualify for the waivers described here.  Expires when the statewide declaration of emergency issued by the Governor in Executive Order No. 315, concurred to by the Council of State and as extended pursuant to SL 2024-51 or any other enactment of a general law, expires.

Section 4B.4

Directs that notwithstanding Section 3 of SL 2020-21 (abolishing the Office of the Coroner is Avery County upon the expiration of the current coroner’s term), the Avery County coroner elected in 2020 will serve until July 1, 2025. If a vacancy occurs in the office of Avery County coroner, a person will be appointed to serve.

Section 4B.5

Directs that funds allocated by the act to DHHS for the North Carolina Partnership for Children, Inc., to provide support through local partnerships for child care centers and family child care homes located in the affected area are not subject to (1) the administrative costs requirements under Section 9D.5(b) of SL 2023-134, (2) the child care services funding  requirements under GS 143B-168.15(b), (3) the child care subsidy expansion requirements under GS 143B-168.15(g), or (4) the match requirements under Section 9D.5(d) of SL 2023-134.

Section 4B.6

Retroactive to October 1, 2024, extends the deadline for a hospital in the affected area to comply with the Hospital Violence Prevention Act (Part 3A of Article 5, GS Chapter 131) to December 1, 2024.

Section 4B.7

Of the funds appropriated to DHHS, Division of Social Services (DSS) allocates $1 million in nonrecurring funds to county departments of social services to provide rental assistance to individuals who reside, temporarily or permanently, in counties in the affected area that qualify for FEMA Individual and Public Assistance Categories A-G. Directs that assistance is  limited to households at or below 200% of the federal poverty level who have suffered hardship due to the impacts of Hurricane Helene. Directs that those households will receive a one-time payment up to the US Department of Housing and Urban Development's (HUD) local area Fair Market Rents (FMRs) measure for a two-bedroom unit.  Specifies that payments under this section will be used to assist households facing a housing crisis, such as imminent risk of eviction. Permits county departments of social services to use up to 5% of their allocated amount for administrative costs.

Part IV-C. Agriculture, Natural, and Economic Resources

Section 4C.1

Amends Section 10.6 (pertaining to food bank and food assistance program funds) of SL 2021-180 (2021 appropriations act), as amended, which provides for Golden Long-Term Economic Advancement Foundation (Golden LEAF) grants to nonprofits to assist those entities to (1) either partner with a NC food bank or (2) expand the capacity of current partner food banks. Authorizes that for grants awarded prior to October 1, 2024, funds may also be used by nonprofit organizations located in a county declared a major disaster by the President of the United States under the Stafford Act (P.L. 93-288) as a result of Hurricane Helene, for repair or replacement of infrastructure and equipment damaged as a result of Hurricane Helene.

Section 4C.2

Declares the NCGA's intent to appropriate funds to OSBM for Golden LEAF to administer grants to governmental entities and organizations exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, to be used  (1) to repair, replace, construct, or improve infrastructure, buildings, or equipment damaged  because of Hurricane Helene that are located in the affected area and (2) to construct or improve infrastructure to support disaster relief occasioned by Hurricane Helene within the affected area.

Section 4C.3

Defines Golden LEAF, interest-only period (period of time, not to exceed 12 months from the date that a loan is awarded, within which a qualifying business may make interest-only payments on a loan), net loan funds, program, qualifying business, and total estimated losses. Directs, that of the funds appropriated from the Hurricane Helene fund to the DOC $50 million is allocated to Golden LEAF to be used to administer a program to make bridge loans to qualifying businesses suffering economic distress as a result of Hurricane Helene.  Lists nine prongs of the program, including:

• That a qualifying business certify in writing that it will use all loan proceeds provided to it under the program for purposes consistent with the allowable uses of loan proceeds under the Economic Injury Disaster Loan program and the Business Physical Disaster Loan program of the Small Business Administration;
• That loans under the program are capped at $100,000 per business;
• The loan term cannot extend beyond June 30, 2030;
• The loan’s interest rate cannot exceed 1% during the interest only period and not more than 6% thereafter.  Directs that the expiration of the interest-only period, the loan will be fully amortized over the then remaining term of the loan.
• Allows a lender, as authorized by Golden LEAF, to take prudent and commercially reasonable efforts to remedy a default, a likelihood of default, or bankruptcy filing by a business, including restructuring the terms of a loan and entering  into settlement agreements, provided that, if a loan is restructured, the  following requirements are met:

(1)  the interest rate is not reduced below the lesser of (i) six percent (6%)  or (ii) the prime rate and (2) the term of the loan is not extended beyond June 30, 2030.

• Provides for specified terms in loan agreements;
• Requires that lenders direct businesses to an appropriate entity that assists in applying for federal assistance;
• Allows the lender to retain the interest paid;
• Terminates award of new loans on October 31, 2028.

Directs that funds authorized by section 4C.3 are not subject to the provisions of GS 143C-6-23 oversight and reporting requirements of State grant funds). Funds allocated by this section that have not been expended or encumbered by October 31, 2028, will revert to the Savings. Net loan funds, including repayments of loans, available to Golden LEAF prior to October 31, 2028, may be loaned in accordance with the provisions of Section 4C.3. Beginning December 15, 2025, and every six months thereafter, requires Golden LEAF to remit the net loan funds it has received from lenders OSBM to be placed into the Savings Reserve.

Beginning December 15, 2025, and continuing every six months thereafter, Golden LEAF must submit a report on the program to the specified NCGA committee and the FRD, with information on eight required matters, including number of recipients of loans for each represented North American Industry Classification System Code, number of loans repaid, defaulted upon, or those defaulted upon that have been recaptured. Specifies that the duty to report ceases when Golden LEAF has remitted all of the net loan funds to OSBM. 

Effective when the section becomes law and applies to bridge loans made using funds allocated by section 4C.3 that occur on or after that date. 

Section 4C.4

Amends Section 10.1 (concerning flexibility for drinking water and wastewater infrastructure projects) of SL 2024-51 (The Disaster Recovery Act of 2024) by expanding the definition of the term infrastructure funding provision so that it is now an appropriation to the Wastewater Reserve (was, to the Clean Water Reserve) or the Drinking Water Reserve for wastewater or drinking water infrastructure projects in any prior act of the NCGA. Also allows the Department of Environmental Quality (DEQ) to transfer funds between the Wastewater Reserve and the Drinking Water Reserve (was, between the Clean Water Reserve and the Drinking Water Reserve) accounts in the Water Infrastructure Fund and limits the applicability to those accounts that do not originate from federal sources, in order to provide emergency loans to local governments.

Section 4C.5

Amends GS 159G-24 to allow the waiver of fees imposed on a loan awarded from the Water Infrastructure Fund for emergency loans from the Wastewater Reserve or Drinking Water Reserve when the Governor has declared a state of emergency due to a natural disaster or due to a pending disaster.

Section 4C.6

Specifies that emergency loans issued by DEQ from the Wastewater Reserve or Drinking Water Reserve to a local government do not require approval by the Local Government Commission. Applies only to emergency loans to local governments in the affected area.

Section 4C.7

Establishes a local government bridge loan program with the purpose of rapidly distributing emergency financial assistance to local governments in the affected area so they can make emergency repairs pending federal disaster relief. Defines emergency repairs as repairs, including temporary measures that allow the preservation or restoration of drinking water and wastewater services, performed by or on behalf of a local government unit on public water or wastewater systems that are intended to restore those systems to operational capacity following damage incurred by Hurricane Helene.

Requires that $100 million in nonrecurring funds from the funds appropriated from the Helene Fund to DEQ in Section 2.1 of this act be used by DEQ’s Division of Water Infrastructure (Division) for purposes consistent with the following loan program. Specifies that funds allocated by this section not expended or encumbered by October 31, 2028, revert to the Savings Reserve; loan repayments are also remitted to the Savings Reserve. Makes the Division responsible for administering the loan program. Local government units are eligible to apply for a loan and loans may only be used for (1) temporary financial liquidity as necessary to implement emergency repairs until receipt of federal disaster relief and (2) any other purpose specifically provided for by an act of the NCGA. Prohibits loan amounts from exceeding the amount necessary to restore a public water or wastewater system to operational capacity and makes loans available only to the extent that other funding sources for emergency repairs are not reasonably available to the local government unit.

Sets out requirements for the loan application. Requires applications to be reviewed on a rolling basis with priority given to those that demonstrate the most immediate need.

Requires sending selected applicants a letter of intent to award the loan that sets out loan conditions; once the conditions are met, the Division must send an offer to award the loan and the applicant must then provide notice as to whether it accepts the offer. The loans are interest-free and mature upon the earlier of: (1) receipt of federal disaster relief or (2) June 30, 2030.

Requires the Division to report to the specified NCGA committee and division by April 1, 2025, and annually thereafter until all of the funds are allocated, and annually until all allocated funds have been repaid or accounted. Sets out information that must be included in the report.

Requires DEQ to adopt emergency rules to implement this section. Specifies that temporary and permanent rules adopted to replace emergency rules adopted under this section are not subject to Part 3 (review by the Rules Review Commission) of Article 2A of GS Chapter 150B.

Section 4C.8

Establishes an emergency infrastructure bridge loan program for commercial underground storage tanks with the purpose of rapidly distributing emergency financial assistance to owners or operators of commercial underground storage tanks, supplying owners or operators with the short-term financial liquidity necessary to immediately conduct emergency services in the affected area, pending federal disaster relief or payment or reimbursement by insurance. Defines emergency services as infrastructure repair and testing related to commercial underground storage tanks located in the affected area, including line and tank testing, product pump-out and disposal, and repair or replacement of: (1) aboveground piping, (2) dispensers, and (3) electronics.

Requires that $22 million in nonrecurring funds from the funds appropriated from the Helene Fund to DEQ in Section 2.1 of this act be used by DEQ’s Division of Water Management (Division) for purposes consistent with the following loan program. Specifies that funds allocated by this section not expended or encumbered by October 31, 2028, revert to the Savings Reserve; loan repayments are also remitted to the Savings Reserve. Makes the Division responsible for administering the loan program. Owners or operators are eligible to apply for a loan and loans may only be used for (1) temporary financial liquidity as necessary to conduct emergency services until receipt of federal disaster relief or payment or reimbursement by insurance and (2) any other purpose specifically provided for by an act of the NCGA. Prohibits loan amounts from exceeding the amount necessary to restore a commercial underground storage tank to operational capacity and makes loans available only to the extent that other funding sources for emergency repairs are not reasonably available to the owner or operator.

Sets out requirements for the loan application. Requires applications to be reviewed on a rolling basis with priority given to those that demonstrate the most immediate need.

Requires sending selected applicants a letter of intent to award the loan that sets out loan conditions; once the conditions are met, the Division must send an offer to award the loan and the applicant must then provide notice as to whether it accepts the offer. The loans are interest-free and mature upon the earlier of: (1) receipt of federal disaster relief or (2) June 30, 2030.

Requires the Division to report to the specified NCGA committee and division by April 1, 2025, and annually thereafter until all of the funds are allocated, and annually until all allocated funds have been repaid or accounted. Sets out information that must be included in the report.

Requires DEQ to adopt emergency rules to implement this section. Specifies that temporary and permanent rules adopted to replace emergency rules adopted under this section are not subject to Part 3 (review by the Rules Review Commission) of Article 2A of GS Chapter 150B.

Section 4C.9

Amends GS 143-215.94B (Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund) by adding that when a state of emergency has been declared by the Governor due to a natural disaster or due to a pending disaster, DEQ may, with the consent of the owner, operator, or landowner, issue reimbursements to contractors or third parties who are under contract with the owner, operator, or landowner to address occurrences described in the statute under which (1) the Commercial Fund is used for the payment of specified costs up to $1 million per occurrence resulting from a discharge or release of a petroleum product from a commercial underground storage tank or (2) when two or more discharges or releases at any one facility, the first of which was discovered or reported on or after June 1988, result in more than one plume of soil, surface water, or groundwater contamination, the Commercial Fund is used for the payment of the costs of the cleanup of environmental damage in excess of the multiple discharge amount up to the applicable aggregate maximum.

Section 4C.10

Allows DEQ, upon agreement of a permittee and without need of a permit modification under this section, to authorize the permittee to temporarily store storm-related debris at a mine when a state of emergency has been declared by the Governor due to a natural disaster such as a hurricane, for up to one year from the end of the state of emergency. Defines storm-related debris as construction and demolition debris and yard trash that originates from designated counties in an emergency area.

Section 4C.11

Repeals Section 15.1 of SL 2024-45, which concerns dock, pier, and walkway replacement in the coastal area.

Amends GS 113A-118 by adding the following. Exempts from permitting under Article 7 (Coastal Area Management), fixed docks, floating docks, fixed piers, floating piers, or walkways damaged or destroyed by natural elements, fire, or normal deterioration, activity to rebuild the dock, pier, or walkway to its pre-damage condition, as it will be considered repair of the structure, without regard to the percentage of framing and structural components required to be rebuilt. Provides that at the time of the repair, the width and length of the dock, pier, or walkway structure may be enlarged by not more than the lesser of 5 feet or 5%, and the structure may be heightened, without need for a permit. Requires the owner to comply with all other applicable State and federal laws. Excludes from this provision docks and piers (1) greater than 6 feet in width, (2) greater than 800 square feet of platform area, or (3) that are adjacent to a federal navigation channel. Effective on the later of the following and applies to applications for permits pending or filed on or after that date: (1) January 1, 2025, or (2) the first day of the month following the date that the Secretary of DEQ certifies that the NOAA has approved the change to GS 113A-118.

Requires DEQ, by November 15, 2024, to submit to the US NOAA the proposed change made to GS 113A-118; requires DEQ to report to the Environmental Review Commission on the status of their activities under this section quarterly, beginning January 1, 2025, continuing until this reporting requirement is repealed.

Section 4C.12

Repeals Section 16 of SL 2024-45, which authorized the establishment of a measurement line for dune building projects conducted pursuant to permitted terminal groin construction.

Amends GS 113A-115.1 by adding that the Coastal Resources Commission must, for the purpose of a dune-building and beach-planting project, authorize local governments with a permit to construct a terminal groin under this statute to establish a measurement line that represents the location of the first line of stable and natural vegetation that is covered by the dune-building and beach-planting project. Requires that the measurement line be (1) established in coordination with the Division of Coastal Management using on-ground observation and survey or aerial imagery for all areas of oceanfront that undergo dune-building and beach-planting projects and (2) applicable for a period of no less than two years from the completion of the dune building and beach planting project. Effective on the later of the following and applies to applications for permits pending or filed on or after that date: (1) January 1, 2025, or (2) the first day of the month following the date that the Secretary of DEQ certifies that the NOAA has approved the change to GS 113A-115.1.

Requires DEQ, by November 15, 2024, to submit to the US NOAA the proposed change made to GS 113A-115.1; requires DEQ to report to the Environmental Review Commission on the status of their activities under this section quarterly, beginning January 1, 2025, continuing until this reporting requirement is repealed.

Section 4C.13

Suspends the requirement that the Economic Investment Committee make a finding regarding the participation and incentives offered by affected local governments for projects located in a development tier three area; requires that the affected local government be in a county declared a major disaster as of September 28, 2024, by the President. Expires January 31, 2025.

Part IV-D. Justice and Public Safety

Section 4D.1

Allows a person to hire or contract with a security firm or corporation licensed, registered, or certified in another state to provide services described in GS 74C-3(a)(1) (armored car profession), (6) (security guard and patrol profession), and (7) (guard dog service profession) in the affected area. Sets out proof that the security firm or corporation must give to the Private Protective Services Board for each individual employed to provide services under this section, about liability insurance, active license, and firearm registration permits.

Prohibits a security firm or corporation from providing such services on State, local government, public school unit, constituent institution of UNC, or community college property located in the affected area.

Expires when the statewide declaration of emergency issued by the Governor in Executive Order No. 315, concurred to by the Council of State and as extended by SL 2024-51 or any other enactment of a general law, expires.

Part IV-E. General Government

Section 4E.1

Requires a State agency to do the following if the agency determines that, due to the impacts of Hurricane Helene in the affected area, it is in the public interest: (1) delay the renewal dates of employment-related certifications issued by the agency under its statutes for residents of the affected area or (2) delay or modify any educational or examination requirements for employment-related certifications implemented by the agency under its statutes for residents of the affected area. Defines employment-related certification as a permit, license, or other similar certification, registration, or authorization issued by a State agency to an individual necessary for that individual to continue in employment or remain qualified to engage in a particular occupation or profession.

Allows State agencies to adopt emergency rules to implement this section; prohibits commencing the adoption of temporary rules. Provides that emergency rules expire on March 1, 2025.

The above provisions expire March 1, 2025.

Requires each State agency to report, by March 1, 2025, to the specified NCGA committee and commission on its use of this flexibility. Requires State agencies to exercise this authority to the maximum extent practicable in order to protect the economic well-being of the citizens and business in the affected area, while also protecting public health, safety, and welfare.

Section 4E.2

Enacts new GS 143-151.22 allowing the North Carolina Code Officials Qualification Board (Board), when a state of emergency has been declared by the Governor due to a natural disaster or due to a pending disaster, to issue temporary standard or limited certificates to retired qualified Code-enforcement officials to conduct Code enforcement in the emergency area for the duration of the state of emergency. The certificate will expire upon the earlier of the termination of the state or emergency or 12 months; allows renewal if the state of emergency has not expired after 12 months. Exempts a qualified Code-enforcement official who is on inactive status and is issued a temporary standard or limited certificate from the continuing education requirements unless the person has been inactive or retired for over two years and not continuously employed by a city or county inspection department.

Section 4E.3

Allows a local government in the affected area to adopt a resolution providing that the local government’s inspection department is, due to the damage and disruption caused by Hurricane Helene, unable to (1) review residential building plans within the statutorily required number of days, (2) issue building permits for commercial and multifamily buildings within the statutorily required number of days, or (3) conduct inspections required by the North Carolina State Building Code in a timely fashion. Allows the local government, once the resolution has been adopted, to use and contract with a licensed professional engineer or licensed architect to perform independent third-party plan review, inspections, or other work of the inspection department. Applies to applications for building permits made on or after September 26, 2024, and expires March 1, 2025.

Section 4E.4

Provides that for matters under the jurisdiction of the Industrial Commission, statutory and Industrial Commission rule deadlines are extended to the dates in the 11 October 2024 Order of the Chief Justice of the Supreme Court of North Carolina Extending the 29 September 2024 Amended Order for Certain Designated Counties for parties located in an affected county named in that order. Effective retroactive to September 26, 2024, and will expire as to parties located in a county in the affected area and in accordance with orders issued by the Chief Justice extending the effect of the order referenced in this section.

Section 4E.5

Requires $100 million of the funds appropriated to the Department of State Treasurer from the Helene Fund to be used by the Local Government Commission for cashflow loans to local governments in the affected area. Requires the interest-free loans to be used for disaster response activities. Requires repayment to begin one year after the loan’s initiation and requires loans to be repaid by the earlier of five years of initiation or June 30, 2030. Allows the Department of State Treasurer to use funds appropriated for cashflow loans for administrative expenses, up to 2% of loan initiations. Exempts the Department of State Treasurer and the Local Government Commission from the rulemaking requirements in administering this section.

Part IV-F. Salaries and Benefits

Section 4F.1

Specifies that the following deadlines apply to individuals who provide written certification to the Retirement Systems Division that as of September 25, 2024, their primary place of residence was located in the affected area: (1) the application deadline for short-term disability benefits is 425 days following the first day of the waiting period; (2) the application deadline for extended short-term disability benefits will be 240 days after short-term disability ceases, after salary continuation payments cease, or after monthly payments for Workers' Compensation cease, whichever is later; (3) the application deadline for long-term disability benefits shall be 240 days after short-term disability ceases, after salary continuation payments cease, or after monthly payments for Workers' Compensation cease, whichever is later; (4) the deadline for beneficiaries of the Disability Income Plan of North Carolina (DIPNC) to provide a statement of income prior to possible suspension of benefits will be 180 days after a request is made; (5) the deadline for beneficiaries of DIPNC to provide a statement of income prior to possible termination of benefits is 240 days after a request is made; (6) the deadline for beneficiaries of disability retirement benefits under the Local Governmental Employees' Retirement System (LGERS) to provide a statement of income prior to possible suspension of benefits is 180 days after a request is made; (7) the deadline for beneficiaries of disability retirement benefits under LGERS to provide a statement of income prior to possible termination of benefits is 240 days after a request is made; (8) any member of the Legislative Retirement System (LRS) with an effective retirement date of August 1, 2024, or September 1, 2024, may enroll in the Contributory Death Benefit by submitting the required election, so long as the required election is received by the Retirement Systems Division on or before December 31, 2024; (9) any member of LGERS with an effective retirement date of August 1, 2024, or September 1, 2024, is entitled to enroll in the Contributory Death Benefit by submitting the required election, provided that the required election is received by the Retirement Systems Division on or before December 31, 2024; (10) any member of the Teachers' and State Employees' Retirement System (TSERS) with an effective retirement date of August 1, 2024, or September 1, 2024, is entitled to enroll in the Contributory Death Benefit by submitting the required election, provided that the required election is received by the Retirement Systems Division on or before December 31, 2024; (11) any member of the Consolidated Judicial Retirement System (CJRS) with an effective retirement date of August 1, 2024, or September 1, 2024, is entitled to enroll in the Contributory Death Benefit by submitting the required election, provided that the required election is received by the Retirement Systems Division on or before December 31, 2024; (12) coverage under the Contributory Death Benefit must not be discontinued for lack of required contributions relating to the months of September 2024, October 2024, or November 2024, provided that the required contribution is received by the Retirement Systems Division by December 31, 2024; (13) any member of LRS with an effective retirement date of October 1, 2024, shall have 60 days after the first payment on account of any benefit becomes normally due and the first payment date has occurred to revoke or change their retirement benefit option or the designated beneficiary for survivor benefits; (14) any member of LGERS with an effective retirement date of October 1, 2024, shall have 60 days after the first payment on account of any benefit becomes normally due and the first payment date has occurred to revoke or change their retirement benefit option or the designated beneficiary for survivor benefits; (15) any member of TSERS or CJRS with an effective retirement date of October 1, 2024, shall have 60 days after the first payment on account of any benefit becomes normally due and the first payment date has occurred to revoke or change their retirement benefit option or the designated beneficiary for survivor benefits. Expires when the statewide declaration of emergency issued by the Governor in Executive Order No. 315, concurred to by the Council of State and as extended by SL 2024-51 and any other enactment of a general law, expires.

Specifies that any Disability Income Plan of North Carolina (DIPNC) beneficiary receiving long-term disability benefits with an effective date between September 2, 2021, and September 30, 2022, must not have the long-term disability benefit discontinued after 36 months of long-term disability merely because the beneficiary has not been approved for, or has not received, primary social security benefits, subject to the following: (1) before the end of the 36th month of long-term disability benefits, the beneficiary must submit a written request to the Retirement Systems Division that the DIPNC benefits continue beyond 36 months; (2) the beneficiary must certify to the Retirement Systems Division that as of September 25, 2024, the beneficiary's primary place of residence was located within the affected area; and (3) the beneficiary must certify to the Retirement Systems Division that the beneficiary applied for primary Social Security benefits on or before September 25, 2024, that the beneficiary has not received a determination from the Social Security Administration, and that the beneficiary will provide any Social Security Administration determination to the Retirement Systems Division within 30 days of receiving it. Requires continuing payment of benefits beyond 36 months upon receiving the written request and certifications from a beneficiary, in an amount reduced by the Retirement Systems Division's estimate of primary Social Security disability benefits to which the beneficiary may be entitled if approved for those benefits. Requires that the long-term disability benefits cease no later than 12 months after the 36th payment has been made. Sets out requirements for a redetermination of entitlements when a beneficiary notifies the Retirement Systems Division that the beneficiary has been approved for primary Social Security disability benefits. Sets out requirements for ceasing benefits if during the additional months of long-term disability benefits a beneficiary notifies the Retirement Systems Division that the beneficiary has been denied for primary Social Security disability benefits. Specifies that if the beneficiary does not provide a Social Security determination during the additional months of long-term disability benefits, then long-term disability benefits under DIPNC must be suspended and any DIPNC benefits paid after the initial 36 months will be an overpayment. Expires October 31, 2025.

Effective retroactively to September 25, 2024.

Section 4F.2

Provides that if the State Treasurer or his designee finds that an employer's payment of employee or employer retirement contributions was or will be delayed due to Hurricane Helene, then penalties may be waived  and an exception to the due date may be granted, so long as the exception does not allow for the new due date to be set later than 90 days from the date the contributions were originally due. Expires when the statewide declaration of emergency issued by the Governor in Executive Order No. 315, concurred to by the Council of State and as extended under SL 2024-51 or any other enactment of a general law, expires.

Part IV-G. Transportation

Section 4G.1

Requires the Division of Motor Vehicles (DMV) to extend an emissions inspection mechanic license issued to a mechanic whose primary place of business or place of employment is located in the affected area if the license is going to expire within the six-month period starting September 25, 2024, and ending March 1, 2025. Expires when the statewide declaration of emergency issued by the Governor in Executive Order No. 315, concurred to by the Council of State and as extended under SL 2024-51 or any other enactment of a general law, expires.

Section 4G.2

Requires the following reports to the specified NCGA committee and division for any project in which the Department of Transportation (DOT) uses: (1) the progressive design-build contracting method authorized in SL 2024-51 and the project costs exceed $500 million or (2) the construction manager-general contractor method authorized in SL 2024-51 and the project costs exceed $750 million: (a) a preliminary report no later than 30 days after the contract is finalized and (b) a final report no later than 30 days after project completion. Specifies items to be included in the report.

Part IV-H. Finance

Section 4H.1

Expands the interest waivers in Section 13.1(a)-(c) of SL 2024-51 so that they also apply to a taxpayer whose tax preparer or records necessary to meet a tax deadline are located in the affected area so long as the taxpayer submits the required form within 30 days of this act becoming law.

Part V. Technical Corrections

Section 5.1

Sets out the NCGA’s finding that additional counties, including Nash County, have been designated under a major disaster declaration by the President as a result of Hurricane Helene.

Amends Section 4.1(b) of SL 2024-51, which sets out the applicability of funds by removing the provision specifying that the funds contained in the Helene Fund can be expended in Nash County, capturing it instead under the provision allowing the expenditure of funds in counties declared a major disaster by the President as a result of Hurricane Helene.

Section 5.2

Amends Section 4.1(a) of SL 2024-51 by adding that funds appropriated from the Helene Fund in that act, received by State agencies for Hurricane Helene relief and recovery efforts must be budgeted and accounted for separately within each State agency that receives the funds.

Section 5.3

Amends Section 5.1(a) of SL 2024-51 to require that federal funds, and funds appropriated from the PTC8 Fund in that act, received by State agencies for PTC8 relief and recovery efforts must be budged and accounted for separately within each State agency that receives such funds.

Section 5.4

Amends Section 6.1 of SL 2024-51 as follows. Amends the requirements for the $250 million appropriated within the Helene Fund to the Department of Public Safety, Division of Emergency Management, for a State match for federal disaster assistance program by no longer specifying that the match is for State agencies and units of local governments and by removing requirement that portion of those funds be used to establish a revolving local program. Increases from $2 million to $7.5 million the amount for the Office of State Budget and Management (OSBM) to provide grants to the NC League of Muncipalities, NC Association of County Commissioners, and the NC Association of Regional Councils of Governments and expands the use of the funds to include supporting planning and permitting assistance and building capacity for building and trade inspectors; specifies that units of local government includes local governments, local education agencies, and community colleges.

Section 5.5

Amends Section 6.2 of SL 2024-51, which appropriates federal funds, to require that the reports of awards that must be made by the OSBM and affected State agencies be made within 30 days of notification. Sets out what must be included in the notifications.

Section 5.6

Amends Section 7.1 of SL 2024-51 by revising the quarterly reporting requirements for OSBM to now require the following. Requires OSBM, by January 15, 2025, for the previous quarter, to report to the specified chairs of NCGA committees and the specified NCGA division on the implementation of this act on a quarterly basis until the end of the quarter in which all funds are expended and also provide any additional reports or information requested by the Fiscal Research Division. Requires OSBM to include, regardless of which State agency, federal agency, or non-State entity that administers the funds, the following for each program: (1) program’s purpose; (2) responsible department or agency; (3) current, year-to-date, and total cumulative funds appropriated, receipted from non-State sources, expended, encumbered, and obligated by program and by source of funds; (4) summary of activities; (5) the total program spending by county, where practicable; and (6) funds returned to the Savings Reserve. Requires non-State entities that administer or receive any funds appropriated in the act to assist and fully cooperate with OSBM in meeting OSBM's obligations under this section.

Section 5.7

Amends Section 11.3(b) of SL 2024-51 by correcting an internal cross-reference.

Part VI. Miscellaneous

Section 6.1

Specifies that the document “Joint Conference Committee Report on the Disaster Recovery Act of 2024 – Part II” dated October 24, 2024, distributed in the Senate and the House and used to explain this act, shall indicate action by the NCGA on this act and shall, therefore, be used to construe this act, and for these purposes shall be considered a part of this act. If the Committee Report conflicts with this act, the act prevails.

Section 6.2

Provides that the headings to the parts, subparts, and sections of this act are for reference only and do not expand, limit, or define the text of this act, except for effective dates referring to a part or subpart.

Section 6.3

Includes a severability clause.

Senate committee substitute to the 1st edition makes the following changes.

Amends GS 116-350.10, pertaining to the a 24-member Board of Directors (Board) of the UNC Health System (System) as follows. Changes the composition of the Board from eight ex officio members to four ex officio members who are: the UNC President or designee, the CEO of the System, the Chancellor of UNC Chapel Hill, and the President of UNC Hospitals (was, eight ex officio members with same composition as set forth in repealed GS 116-37 by the act: certain administrators of either the UNC System, UNC Chapel Hill, UNC Faculty Physicians, or the UNC School of Medicine). Now provides for eight members at large appointed by the General Assembly with one appointed upon recommendation of the Speaker of the House annually, and one appointed upon recommendation of the President Pro Tempore of the Senate annually (was, sixteen members at large must be from the business and professional public at large who have special competence in business management, hospital administration, health care delivery, or medical practice or who otherwise have demonstrated dedication to the improvement of health care in North Carolina, and who are neither members of the Board of Governors, members of the board of trustees of a constituent institution of The University of North Carolina, nor officers or employees of the State). Specifies that 12 members at-large will be appointed by the UNC Board of Governors after consultation with the President of UNC and that three of those members must be appointed annually. Deletes provisions pertaining to initial terms. Deletes outdated language.

Amends new GS 116-350 (personnel) and GS 135-5.5 (pertaining to Teachers and State Employees Retirement System (TSERS) for employees of the UNC Health Care System) to change the triggering date for those employees who have the right to continued State employment/retirement benefits under certain conditions to November 1, 2023 (was, July 1, 2023). Makes conforming change to GS 135-5.5 to require the UNC Health Care System to continue to report the payroll of employees employed as of October 31, 2023, instead of June 30, 2023, to account for November 1 cutoff date.