Senate committee substitute to the 2nd edition makes the following changes.

Changes the effective date from December 1, 2025, to December 1, 2026, and moves the content of the previous edition into Section 1 of the act.

Adds the following content and amends the act’s titles.

Amends GS Chapter 160D, Article 9, enacting new GS 160D-917, titled Camping in public spaces. Defines the following terms:

(1)   Department – The North Carolina Department of Health and Human Services (DHHS) or the county health department if designated by DHHS.

(2)   Public camping or sleeping – Lodging or residing overnight in a temporary outdoor habitation used as a dwelling or living space and evidenced by the erection of a tent or other temporary shelter, the presence of bedding or pillows, or the storage of personal belongings or lodging or residing overnight in an outdoor space without a tent or other temporary shelter. The term does not include (i) lodging or residing overnight in a motor vehicle that is registered, insured, and located in a place where it may be lawfully or (ii) camping for recreational purposes on property designated for those purposes.

Prohibits a local government from authorizing or otherwise allowing any person to regularly engage in public camping or sleeping on public property, including, public buildings or grounds and any public right-of-way under its jurisdiction. Provides an exception to this prohibition that allows the local government governing board to, by majority vote, designate property it owns that is located within its jurisdiction to be used for a continuous period of up to one year for public camping or sleeping purposes. Other than those local governments on the Local Government Commission’s “unit assistance list,” a local government so designating property must establish and maintain minimum stands and procedures designed to (i) ensure the safety and security of the designated property and the persons lodging or residing on the property, (ii) maintain sanitation, including, at a minimum, by providing access to clean and operable restrooms and running water, (iii) coordinate with the county health department to provide access to behavioral health services, which must include substance abuse and mental health treatment resources, and (iv) prohibit illegal substance use and alcohol use on the designated property and enforce the prohibition against such use.

Requires a local government’s designation to be certified by the Department to become effective. Certification requires submitting documentation proving that (i) insufficient open beds in homeless shelters in the local government exist, (ii) the designated property is not contiguous to property zoned for residential use, (iii) the designated property would not adversely and materially affect the property value or safety and security of other existing residential or commercial property in the local government and would not negatively affect the safety of children, and (iv) the local government developed a plan to satisfy the minimum standards and procedures required under new GS 160D-917(c), described above.

Establishes a timeline for certain actions related to designation and certification.

• Requires the Department within 10 days of receiving a request to certify a designation to notify a requesting local government of the date a request was received and any incorrect or missing information.
• Requires the Department within 45 days after receiving a complete submission to certify the designation. Deems a designation as having been certified on the 45th day if the Department takes no action.  
• Requires a local government to publish on its website within 30 days after the Department certifies the designation the minimum standards and procedures required under new GS 160D-917(c), described above, for so long as the local government’s property remains so designated.
• Requires a local government to publish on its website any notice by the Department recommending closure no more than five business days after receiving notice by the Department, which may inspect designated property at any time and must provide notice if it recommends closure due to a failure to comply with the statute’s requirements.

Allows for a civil action to be brought by the Attorney General or by any resident of or owner of a business located in the local government to enjoin violations under this act and provides certain remedies for successful actions. Requires that an applicant seeking an injunction to file an affidavit attesting that (i) the applicant provided written notice of the allegation to the local government’s governing board, (ii) the local government was given five business days to cure the alleged violation before the applicant sought an injunction, and (iii) the county or municipality failed to take all reasonable actions within its powers to cure the alleged violation within those five business days.

Declares that the statute does not apply during any time in which a state of emergency has been declared by the Governor pursuant to GS 166A-19.20 or a local government pursuant to GS 166A-19.22.

Effective October 1, 2026.