Senate amendments make the following changes to the 4th edition.
Amendment #1 makes the following changes.
Section 2A.2
Modifies the permitted uses of the $20 million allocated to the Office of State Budget and Management (OSBM) for distribution to State agencies and units of local government to include debris and sedimentation removal unmet needs (was, just debris removal unmet needs).
Amendment #2 adds the following and makes the following changes.
Section 5.8
Adds Swain County schools to those schools provided calendar flexibility for any instructional days or equivalent hours missed due to inclement weather during the months of December 2024 through February 2025.
Adds amendments to Section 12.1 of SL 2024-51 (Helene I) as follows. Modifies the end-date for the temporary change of the six-month separation requirement for Teachers' and State Employees' Retirement System (TSERS) retirees to a one-month separation so it applies to individuals retiring on or after April 1, 2024, but before March 1, 2025 (the Retirement Period) (end-date was October 1, 2024), for those who return in a position needed due to Hurricane Helene or associated recovery efforts as certified to the Retirement Systems Division of the Department of State Treasurer by the employing agency. Makes conforming changes.
Amendment #3 adds the following.
Delays the effective date of the 2024 NC State Building Code (defined) to 12 months after the first day of the month following the date the State Fire Marshal certifies, by letter to the Revisor of Statutes with copies sent to the President Pro Tempore of the Senate and the Speaker of the House of Representatives, that both of the following events have occurred: (1) the Building Code and Residential Code Councils (Councils) have completed the listed publication and distribution requirements and (2) the Residential Code Council is fully constituted. Declares that nothing in the act abrogates the duties of the Councils during the delay. Expires 12 months after the first day of the month following the notification required by the State Fire Marshal.
Amendment #4 makes the following changes and adds the following.
Section 2F.1
Changes the definition of small business under the Small Business Infrastructure Grant Program so that it means a business with a physical presence in the affected area that employs 150 (was, 50) or fewer employees.
Section 5.8
Requires the Department of Public Instruction (DPI) to provide, from the available funds appropriated in Section 6.1(a)(2) of Helene I, compensation to public school unit employees and contractors of schools participating in the National School Lunch Program or School Breakfast Program for scheduled instructional days when compensation would have been provided by school meal receipts or by federal funds either (1) as authorized by the section, or (2) for a scheduled instructional day which was provided remotely pursuant to Section 8.1(b) of Helene I. (Was, of the funds allocated to DPI from the Hurricane Helene Disaster Recovery Fund to provide compensation to public school unit employees and contractors of schools participating in the National School Lunch Program or School Breakfast Program under Section 8.1(b) of SL 2024-51, requires DPI to provide from funds available, compensation authorized by the section to public school unit employees and contractors of schools participating in the National School Lunch Program or School Breakfast Program for scheduled instructional days when compensation would have been provided by school meal receipts or by federal funds.)
Amendment #5 makes the following changes.
Section 2A.2
Increases the appropriation from the Helene Fund for the nine listed purposes by $2 million from $532,991,704 to $534,991,704.
Bill Summaries: H47 DISASTER RECOVERY ACT OF 2025 - PART I.
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Bill H 47 (2025-2026)Summary date: Mar 5 2025 - View SummaryAgriculture, Business and Commerce, Corporation and Partnerships, Occupational Licensing, Courts/Judiciary, Criminal Justice, Corrections (Sentencing/Probation), Criminal Law and Procedure, Development, Land Use and Housing, Building and Construction, Community and Economic Development, Property and Housing, Education, Elementary and Secondary Education, Environment, Environment/Natural Resources, Government, Budget/Appropriations, Public Safety and Emergency Management, State Agencies, Department of Administration, Department of Adult Correction, Department of Agriculture and Consumer Services, Department of Commerce, Department of Health and Human Services, Office of State Budget and Management, Office of State Controller, State Government, Executive, State Property, Health and Human Services, Health, Public Health, Nonprofits, Public Enterprises and Utilities, Transportation
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Bill H 47 (2025-2026)Summary date: Mar 4 2025 - View Summary
Senate committee substitute to the 3rd edition makes the following changes.
Part I
Section 1.4
Adds defined term NCORR (the Department of Public Safety, Office of Recovery and Resiliency).
Part II
Divides the Part into multiple subparts: Subpart II-A, which consists of disaster recovery appropriation, transfer, programs as modified by the committee substitute, new Subpart II-B, pertaining to close out operations and emergency relief, Subpart II-C, consisting of provisions pertaining to the Private Road and Bridge Repair Program (Road and Bridge Program) as modified by the act, Subpart II-D consisting of the retitled Agricultural Disaster Crop Loss Program (Program) (was, Hurricane Helen Agricultural Crop Loss Program) as amended by the act, new subpart II-E, pertaining to debris removal in the affected area and other Hurricane Helene recovery uses of funds, Subpart II-F, pertaining to the Small Business Infrastructure Grant Program, as amended by the act, and new Subpart II-G establishing the School Extension Learning Recovery Program (SELRP). Makes conforming changes, including to Part title.
Subpart II-A
Section 2A.1
Now directs the State Controller to transfer $307,991,704 million (was, $275 million) from SERDRF to the Helene Fund.
Section 2A.2
Increases the total appropriations from the Helene Fund from $500 million to $532,991,704 and makes the following changes to the lined allocations:
- Notwithstanding GS 143B-1040(c), increases funding back to $140 million (was, $125 million) to the Department of Commerce (DOC), Division of Community Revitalization (DCR), for the Home Reconstruction and Repair Program (Home Program) with certain directives to ensure maximum reimbursement from federal funds when available. Now requires DCR to submit a report to the specified NCGA committees and the Fiscal Research Division (FRD) by March 31, 2025, on how the Home Program will be set up before accepting applications.
- Allocates $192,491,704 for the Department of Agriculture and Consumer Services (DACS) for (1) for the Program and (2) removal and disposal in the affected area of waterway debris from State waters and vegetative debris in accordance with Subparts II-D and II-E of the act. Directs DACS to use remaining funds from the appropriations to the Agricultural Crop Loss Program established in Section 5.9A of SL 2021-180 and Section 5.4 of SL 2022-74. Removes separate $75 million allocation to DACS for the Program.
- Removes $75 million allocated for (1) natural restoration projects that enable farmers in the affected area to resume production and protect communities against additional flood damage (specifies what is considered an eligible project) and (2) cost-share, engineering, and technical assistance for eligible projects.
- Removes the Governor's Recovery Office for Western North Carolina (GROW-NC) as one of the agencies to assist the Office of State Budget and Management (OSBM) with coordination under the lined $20 million for debris removal unmet needs.
- Removes the $10 million appropriated to the Division of Emergency Management of the Department of Public Safety (NCEM) to provide grants to Volunteers Organizations Active in Disaster (VOAD) assisting with disaster response and recovery efforts in the affected area.
- Modifies the purpose of $10 million allocated to the Office of the State Fire Marshal (OSFM). Removes requirement that the OSFM use the funds to provide funds for repairs of damage to fire stations and to buildings or vehicles used by rescue squads or EMS providers. Instead, requires OSFM to disburse grants to small and volunteer fire departments in counties in the affected area that qualify for Individual and Public Assistance Categories C-G to cover expenses incurred due to Hurricane Helene, along with already covered uses of purchasing equipment, or making capital improvements to assist with readiness for future emergency response.
- Removes $10 million allocation to the Department of Health and Human Services (DHHS), Division of Social Services (DSS), to supplement rental assistance payments. Instead, appropriates those funds to NCEM to disburse grants to nonprofit organizations for actual and ongoing repair and reconstruction projects.
- Decreases the $5 million allocated to DOC for the nonprofit corporation with which DOC contracts pursuant to GS 143B-431.01(b) for targeted media campaigns and for grants to local tourisms offices in the affected area by $2 million so that the appropriation is only $3 million. Directs that corporation to coordinate with the Department of Transportation (DOT) on promoting roads and areas that are open and accessible for tourism and travel.
- Removes the $15 million to Golden L.E.A.F. (Long-Term Economic Advancement Foundation), Inc. (Golden LEAF), a nonprofit corporation, to be allocated to nonprofit organizations located in the affected area.
- Allocates $4.5 million to the Department of Public Instruction for SELRP in accordance with Subpart II-G, discussed below.
Section 2A.3
Retroactive to October 25, 2024, amends Section 4B.7 of SL 2024-53, which allows DSS to allocate the $1 million in appropriated funds to county departments of social services to assist certain households in imminent risk of eviction the affected area with up to two payments of rental assistance (currently, one payment of rental assistance).
Section 2A.4
Finds that the Hurricane Helene Disaster Supplemental Nutrition Assistance Program (SNAP Program), a federal program to provide food assistance to low-income households with food loss or damages caused by Hurricane Helene, ended in November 2024 and that less than half of the $10 million in State funds appropriated for the administration of the program were spent. Reduces the money allocated for that SNAP Program by $2 million so that the funds can be redirected to DOC for the tourism related allocations discussed above. Makes conforming change to Section 2.1(a) of SL 2024-53 to account for change.
Makes organizational changes.
Subpart II-B
2B.1
Effective October 1, 2026, abolishes NCORR by removing out NCORR’s multi-year recovery and resiliency projects and administration of funds provided by the Community Development Block Grant Disaster Recovery program for Hurricanes Florence and Matthew in GS 143B-1040 (setting up NCORR) and GS 143B-1041 (NCORR interagency coordination) from GS Chapter 143B.
2B.2
Directs the Controller to transfer the following sources to the OSBM Disaster Relief Reserve (Reserve) to allocate to NCORR as follows:
- $104.3 million from the Savings Reserve
- $104.3 million from SERDRF
- $8,408,296 from the Hurricane Florence Disaster Recovery Fund
Directs that of those transferred funds, $112,708,296 are appropriated within the Reserve and allocated to NCORR for the completion of the homeowner recovery program for Hurricanes Matthew and Florence. States the act’s intent to appropriate future funds for unmet needs. Requires NCORR to prioritize: (1) entering into a memorandum of understanding with the Housing Finance Agency to retrieve eligible funding for the homeowner recovery program and (2) spending those funds received from the Housing Finance Agency for the remaining unmet needs for the homeowner recovery projects. These funds revert to the Savings Reserve on October 1, 2026.
Section 2B.3
Limits future State funding to NCORR to future enactments of a general law by the NCGA. Provides for NCORR to issue Notices to Proceed to program-selected contractors for the homeowner program for households impacted by Hurricanes Matthew and Florence on the schedule set forth in the act. Sets a schedule concerning maximums for the total number of homeowner projects that are not awarded to contractors. Provides that disaster relief homeowner recovery programs for Hurricanes Matthew and Florence do not count toward maximums when assessing NCORR's compliance. Requires NCORR to report to the specified NCGA commission and the FRD written reports on their compliance with the deadlines set forth in the schedule pertaining to NCORR’s issuance of Notices of Intent to Proceed and the maximums schedule within five business days of each deadline as well as written reports and weekly reports on specified matters. Provides for notice if the specified NCGA commission determines that NCORR is not in compliance with the schedules set forth above.
Section 2B.4
Provides for monthly reporting by NCORR to the specified NCGA commission and the FRD on specified matters concerning projects completed and unawarded in the homeowner recovery program for Hurricanes Matthew and Florence starting August 1, 2025, until NOCORR is dissolved, as provided for in this act. Modifies the frequency of OSBM’s reports to the specified NCGA committee and the FRD on audits of NCORR as set forth Section 1F.2 of SL 2024-57 (hurricane disaster relief) from quarterly to monthly.
Subpart II-C
Section 2C.1
Allows NCEM to use up to $500,000 of the funds appropriated to the Road and Bridge Program for administrative costs.
Requires NCEM to enter into a cost-share agreement with an HOA for all project engineering and construction costs not to exceed NCEM funding 75% of the project if the road or bridge is owned by an HOA. Requires that any funds paid by the HOA as part of such an agreement be non-State funds. Prevents responsibility for further maintenance or safety of any repaired private road or bridge from being transferred to or assumed by the State or a political subdivision thereof.
Subpart II-D
Section 2D.1 and 2D.2
Expresses the general assembly’s intent to provide additional funding in a future enactment of a general law. Changes eligibility from farmers affected by Hurricane Helene to farmers with verified losses from an agricultural disaster (a secretarial disaster designation declared by the USDA Secretary for qualifying counties) in the State in 2024. Expands the types of losses to include aquaculture commodities and farm infrastructure (currently just losses of agricultural commodities). Extends the deadlines set forth in the Program’s process for verification of loss from 30 days from the relevant triggering event to 45 days past that event. Removes requirement that a person must first qualify and receive payment from certain USDA programs to qualify for assistance under the Program. Removes provisions pertaining to livestock and poultry.
Expands the types of documentation DACS may obtain as part of an audit under the Program to include documentation of insurance payments or federal funds for verified losses. Modifies defined terms agricultural or aquacultural commodity. Removes terms livestock, person, and poultry. Adds new terms agricultural disaster, department, eligibility date, program, and qualifying county. Adds a specified NCGA committee to the report DCAS must submit six months after the Program receives funds for an agricultural disaster and every six months thereafter (was, due on the first day of the month six months after the act becomes effective). Removes expiration of the Program as a potential report end date trigger. Changes the entity receiving unspent Program funds from the Helene Fund to SERDRF. Makes conforming changes.
Subpart II-E
Section 2E.1
Allows DACS to use the funds allocated for the Program in subpart II-A for the Program for the removal and disposal in the affected area of (1) waterway debris from the waters of the State and (2) vegetative debris. Gives the Commissioner of DACS the discretion to use any funds appropriated for the Program for any purpose related to Hurricane Helene recovery in the affected area. Defines vegetative debris, waters of the State, and waterway debris. Requires DACS to submit a report to the specified NCGA committees and the FRD on specified matters pertaining to the uses of the funds spent under the section within 30 days of the end of each fiscal quarter the funds are spent.
Subpart II-F
Section 2F.1
Changes the grant limits under the Small Business Infrastructure Grant Program so that the total grant amount per county cannot exceed 10% of the funds appropriated for the program (was, the lesser of the cost of the qualifying infrastructure needs or $1 million per project). Reduces the amount DOC may retain to cover administrative expenses from 3% to 1.5% of appropriated funds.
Subpart II-G
Section 2G.1
Defines participating school unit as a local school administrative unit or charter school that deemed as complete 15 or more instructional days or equivalent instructional hours. Requires participating school units to offer a School Extension Learning Recovery Program (SELRP) outside of the instructional school calendar following the end of the 2024-25 school year to provide instruction on specific subjects and enrichment to students in grades four through eight to address learning losses and negative impacts students have experienced due to unusual and extraordinary conditions related to Hurricane Helene. Limits voluntary participation to students in fourth through eighth grade during the 2024-25 school year, with priority to be given to students that have not reached reading or math proficiency by the end of the 2024-15 school year, as demonstrated by State standardized testing. Permits other students to enroll as space permits. Provides for parental consent. Provides for where enrolled students should attend SELRP, including those attending charter schools that have chosen not to participate in SELRP. Requires participating school units to submit a SELRP plan with seven listed components to DPI by the required date. Provides for a review by DPI. Specifies that teachers and other participating employees will be considered contract personnel for the duration of SELRP. Specifies such personnel will not be considered employees under the Teachers and State Employee Retirement System [TSERS] and the State Health Plan, nor will such employees be considered earning compensation under TSERS. Requires all school units to report on four specified matters related to SELRP to DPI by October 15, 2025. Requires DPI to report on four specified matters related to SELRP to the specified NCGA committee by January 15, 2026. Requires the Office of Learning Research at UNC-Chapel Hill (OLR) to study the overall effectiveness of SELRP. Requires DPI to provide OLR with information it needs to conduct the study. Provides for a report on the study results by OLR to the specified NCGA committee by no later than January 15, 2027.
Directs that of the funds appropriated to DPI in the act, $4.5 million will be used to establish the SELRP. Provides for allocation to participating school units as follow: (1) up to $200,000 statewide for the assessments (2) $20,000 to each participating school and (3) the remainder of the funds to be allocated on the basis of the average daily membership in grades four through eight.
Makes organizational and conforming changes, including to part’s title.
Part IV
Section 4.1
Changes the start date for OBSM’s allocation reporting requirements to May 15, 2025 (was, April 1, 2025) and the frequency of those reports from monthly to quarterly. Deceases the number of NCGA committees that receive the report.
Section 4.2
Requires the Governor’s office to report to the State Auditor on all disaster relief funds allocated to Hurricane Helene relief that have been disbursed as of the enactment of the section by no later than seven business days after the act becomes law and thereafter, on a weekly basis, provide detailed documentation and reports on future disbursements of all disaster relief funds allocated to Hurricane Helene relief as they are disbursed. Specifies that failure to comply with the reporting deadlines will trigger a hearing by the specified NCGA commission. Requires the State Auditor to report to the specified NCGA commission if the Governor fails to meet a reporting deadline. Requires the State Auditor to produce a report on funds spent for Hurricane Helene relief upon request by the specified NCGA commission and to conduct additional periodic financial and performance audits of the Division of Emergency Management, GROW NC, and any additional financial or performance audits as requested by the General Assembly. Requires the State Auditor to provide and maintain a public dashboard that compares the amount of funds appropriated by the legislature with the amount expended by the executive branch for Hurricane Helene relief and any other information the State Auditor deems relevant.
Makes conforming changes, including to part’s title.
Part V
Section 5.1
Makes conforming change to account for extension of the state of emergency until June 30, 2025. Removes Section 10.3 (“Storm Debris Open Burning Regulatory Relief”) of SL 2024-51 (Helene I) from the extension of the expiration dates provided by the act. Adds Section 1D.9 of SL 2024-57 (Helene III) to the extension of the expiration dates provided by the act.
Section 5.3
Expands the use of inmates under the Statewide Misdemeanant Confinement Program to clean up local and State roadways under Section 19C.10(a) of SL 2021-180 to include removal of debris resulting from a major disaster declared by the President of the United States or the Governor. Applies to debris removal resulting from disaster declarations made before, on, or after the act becomes law.
Section 5.5
Requires DOT to contract with third-party administrator to expeditiously seek reimbursement from FEMA and the Federal Highway Administration (FHWA) for all qualifying disaster expenditures in the affected area. Requires DOT to submit monthly reports to the specified NCGA committee and the FRD by the end of each month with an itemized list to include all disaster expenditures in the affected area that qualify for federal reimbursement for which reimbursement is still pending and the expected amount.
Section 5.6
Amends the triggering event for funeral establishments to be exempt from certain requirements under GS 90-210.27A(a1) so that it only applies when a funeral establishment is destroyed by certain events (currently, applies when the preparation room of a funeral establishment is destroyed). Now allows for the Board to grant a waiver not to exceed one year (was, up to two-year waiver) from the requirements of GS 90-210.27A(a) (governing preparation rooms) and GS 90-210.27A(c) (requiring reposing rooms). Allows for further extension for up to one year from the date of loss (was, two years). Authorizes a court to enter an order upon petition of the establishment and required findings granting an additional extension of up to two years after that (was, three years). Removes regulations and requirements of the Division of Health Services from the legal requirements governing an establishment granted a waiver. Authorizes the State Board of Funeral Service to adopt rules to implement the changes to GS 90-210.27A(a1).
Section 5.8
Notwithstanding any provision of law to the contrary, allows, for any instructional days or equivalent hours missed due to inclement weather during the months of December 2024 through February 2025, Avery County Schools, Madison County Schools, Mitchell County Schools, Yancey County Schools, and Watauga County Schools to, in their discretion: (1) make up any number of the instructional days or equivalent hours missed, (2) deem as completed any number of the instructional days or equivalent hours missed up to a total of 10 days, or (3) implement a combination of both of the above. Specifies that all employees and contractors of a public school unit granted school calendar flexibility will be deemed to have worked for any scheduled instructional days missed due to inclement weather during the months of December 2024 through February 2025 that a public school unit has deemed completed and is not required to make up. Directs that employees and contractors will be compensated in the same manner they would have if they had worked on the scheduled instructional days missed. Of the funds allocated to DPI from the Hurricane Helene Disaster Recovery Fund to provide compensation to public school unit employees and contractors of schools participating in the National School Lunch Program or School Breakfast Program under Section 8.1(b) of SL 2024-51, requires DPI to provide from funds available, compensation authorized by the section to public school unit employees and contractors of schools participating in the National School Lunch Program or School Breakfast Program for scheduled instructional days when compensation would have been provided by school meal receipts or by federal funds.
Directs that employees and contractors will be compensated in the same manner they would have if they had worked on the scheduled instructional days missed.
If the funds are insufficient to provide compensation authorized by this section to public school unit employees and contractors in schools participating in the National School Lunch Program or School Breakfast Program for scheduled instructional days when compensation would have been provided by school meal receipts or by federal funds, directs DPI to develop a uniform criteria to determine the comparative economic need of eligible public school units and to ensure that priority is given to public school units with greatest economic need when awarding available funds.
Removes provisions: (1) modifying the local government cashflow loan program and (2) providing state aid to public libraries fund. Makes organizational changes.
Section 5.9
Modifies the expiration date for the waiver of collaborative practice agreement rules issued by the NC Medical Board and NC Board of Nursing under of Section 4B of SL 2024-53 (Helene II) so that the waiver now ends one year after the statewide declaration of emergency issued by the Governor in Executive Order 315 (was, ends when the order, as extended, expires).
Section 5.10Designates responsibility to utilities for obtaining easements arising from land acquisition for pole and transformer replacement and repair. Prevents any claim for inverse condemnation or trespass by arising from pole and transformer replacement and repair in the affected area from being filed until one year after the declaration of the state of emergency pertaining to Hurricane Helene referenced in Section 3.1 of the act expires. Extends the statute of limitations for that same period. Allows a landowner to recover prejudgment interest from the date the pole or transformer replacement or repair to the date of judgment.Part VI
Section 6.1
Clarifies that any provisions extended under Part III (the extension of the state of emergency) or Section 5.1 (extending certain provisions of 2024 Helene relief bills until the expiration of the state of emergency) is retroactively effective on March 1, 2025, unless otherwise prohibited by law.
Makes organizational and technical changes.
Agriculture, Business and Commerce, Corporation and Partnerships, Occupational Licensing, Courts/Judiciary, Criminal Justice, Corrections (Sentencing/Probation), Criminal Law and Procedure, Development, Land Use and Housing, Building and Construction, Community and Economic Development, Property and Housing, Education, Elementary and Secondary Education, Environment, Environment/Natural Resources, Government, Budget/Appropriations, Public Safety and Emergency Management, State Agencies, Department of Administration, Department of Adult Correction, Department of Agriculture and Consumer Services, Department of Commerce, Department of Health and Human Services, Office of State Budget and Management, Office of State Controller, State Government, Executive, State Property, Health and Human Services, Health, Public Health, Nonprofits, Public Enterprises and Utilities, Transportation
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Bill H 47 (2025-2026)Summary date: Feb 25 2025 - View Summary
House amendment to the 2nd edition makes the following changes.
Section 2.2
Decreases the amount allocated to the Department of Commerce (DOC), Division of Community Revitalization for the Home Reconstruction and Repair Program by $15 million, from $140 million to $125 million.
Allocates $15 million to Golden L.E.A.F. (Long-Term Economic Advancement Foundation), Inc. (Golden LEAF), a nonprofit corporation, to be allocated to nonprofit organizations located in the affected area. Requires a nonprofit organization receiving a grant from Golden LEAF to use those funds to provide grants for small business revitalization or other disaster recovery efforts. Requires Golden LEAF to prioritize nonprofit organizations with demonstrated expertise in small business revitalization. Limits subgrants made by a nonprofit organization to $50,000. Makes a clarifying change to who can receive a grant from NCEM.
Section 2.3
Expands the additional permitted uses of funds under the Private Road and Bridge Repair Program to include program costs incurred for the engineering, design, and construction of private roads and bridges, and funding to nonprofit organizations supporting bridge repairs.
Section 2.4
Revises the provisions pertaining to required refunds of awards under the Agricultural Crop Loss Program so that the refund provisions are also triggered if a person received financial assistance for which they were ineligible (was, only that the amount of the financial assistance received is based on inaccurate information). States that should a triggering event occur, the recipient forfeits the assistance awarded and that it bears interest at the statutory rate set forth in GS 105-241.21 until repaid. Now requires for forfeited financial assistance that is not repaid to be recouped through a civil action by the Attorney General at the request of the Commissioner of Agriculture (was, collection by Department of Revenue).
Section 2.5
Changes the definition of small business in the Small Business Infrastructure Grant Program to mean a business that employees 150 or fewer employees (was, 50 or fewer employees).
Section 4.1
Changes the start date for OBSM’s allocation reporting requirements to April 1, 2025 (was, May 15, 2025) and the frequency of those reports from quarterly to monthly. Increases the number of NCGA committees that receive the report.
Section 5.6
Allows the Department of the State Treasurer (Department) to forgive the remaining balance of any cashflow loan made to local governments under the cashflow loan program (Section 4E.5 of SL 2024-53, as amended) if three listed conditions are met, including proof by documentation that the local government has used the funds for disaster relief and applied for all other relevant disaster relief fundings sources, including insurance and federal aid. Makes conforming changes.
Section 5.7
Directs that in administering aid to the Public Libraries Fund in the affected area, the Department of Natural and Cultural Resources cannot reduce a grant to a local library system based on reductions in local funding for the system imposed by the governing body of a unit of local government when the reduction is imposed as part of a general budget reduction reflecting negative impacts on local economic or fiscal conditions caused by Hurricane Helene. Expires on July 1 of the fiscal year that follows the date of expiration of the statewide declaration of emergency issued by the Governor in Executive Order 315, concurred to by the Council of State, and extended pursuant to SL 2024-51 or any other enactment of a general law.
Section 5.8
Allows reconstruction or repair of a nonconforming residential structure in the affected area when all of six listed criteria are met, including that the structure serve the same or similar residential use, there are no alternatives for replacing the structure to provide the same or similar benefits to the owner in compliance with current law, and that the structure will be rebuilt to comply with a local government’s current development regulations to the maximum extent possible. Defines development regulation. Expires June 30, 2030.
Agriculture, Business and Commerce, Corporation and Partnerships, Occupational Licensing, Courts/Judiciary, Criminal Justice, Corrections (Sentencing/Probation), Criminal Law and Procedure, Development, Land Use and Housing, Building and Construction, Community and Economic Development, Property and Housing, Environment, Environment/Natural Resources, Government, Budget/Appropriations, Public Safety and Emergency Management, State Agencies, Department of Administration, Department of Adult Correction, Department of Agriculture and Consumer Services, Department of Commerce, Department of Health and Human Services, Office of State Budget and Management, Office of State Controller, State Government, Executive, State Property, Health and Human Services, Health, Public Health, Nonprofits, Transportation
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Bill H 47 (2025-2026)Summary date: Feb 11 2025 - View Summary
House committee substitute to the 1st edition makes the following changes.
Part I
Section 1.4
Adds defined terms CDBG-DR (Community Development Block Grant – Disaster Recovery), FEMA, NCEM (Division of Emergency Management of the Department of Public Safety), and OSBM (Office of State Budget and Management).
Part II
Makes organizational changes.
Section 2.1
Now directs the State Controller to transfer $275 million (was, $500 million) from SERDF to the Helene Fund.
Section 2.2
Appropriates $500 million from the Helene Fund as follows:
1. Notwithstanding GS 143B-1040(c), $140 million to the Department of Commerce (DOC), Division of Community Revitalization, for the Home Reconstruction and Repair Program (Home Program) with certain directives to ensure maximum reimbursement from federal funds when available.
2. $75 million to the Department of Agriculture and Consumer Services (DACS), Division of Soil & Water Conservation for (1) natural restoration projects that enable farmers in the affected area to resume production and protect communities against additional flood damage (specifies what is considered an eligible project) and (2) cost-share, engineering, and technical assistance for eligible projects. Allows using the funds across programs to maximize impact and federal funding.
2A. $75 million to DACS for the Hurricane Helene Agricultural Crop Loss Program, described below.
3. $100 million to NCEM for the Private Road and Bridge Repair and Replacement as set forth in Section 2.3 of the act, described below.
4. $55 million for the Small Business Infrastructure Grant Program (SBIGF), as set forth in Section 2.4 of the act, described below.
5. $20 million to the Office of State Budget and Management (OBSM) to distribute to State agencies and units of local government for debris removal unmet needs. Directs the Governor's Recovery Office for Western North Carolina (GROW-NC) and NCEM to assist OSBM in coordinating the debris removal with relevant State agencies and local stakeholders. Requires OBSM to prioritize using the funds to address gaps in debris cleanup not met by other federal and State programs.
6. $10 million to NCEM to provide grants to Volunteers Organizations Active in Disaster (VOAD) assisting with disaster response and recovery efforts in the affected area.
7. $10 million to the Office of the State Fire Marshal (OSFM) to provide funds for repairs of damage to fire stations and to buildings or vehicles used by rescue squads or EMS providers. Requires OSFM to disburse any remaining funds in equal amounts to all fire departments in the affected area to purchase equipment or make capital improvements to assist with readiness for future emergency response. Authorizes OSFM to use up to $250,000 for administrative costs related to grant disbursement.
8. $10 million to the Department of Health and Human Services, Division of Social Services (DSS) to supplemental rental assistance payments in line with Section 4B.7 of SL 2024-53.
9. $5 million to DOC for the nonprofit corporation with which DOC contracts pursuant to GS143B-431.01(b) for targeted media campaigns to encourage both in-state and out-of-state tourists to return to areas impacted by Hurricane Helene in 2025, and for grants to local tourism offices in the affected area for the activities of those offices and for development of a coordinated market strategy.Section 2.3
Establishes the Private Road and Bridge Repair and Replacement Program (Program) within NCEM to disburse grants for the repair and replacement of private roads and bridges damaged or destroyed by Hurricane Helene. Requires NCEM to consult with the Department of Transportation (DOT) in administering the Program and develop criteria and an application process to select private roads and bridges eligible for repair or replacement. Prioritizes applications for the repair and replacement of private roads or bridges that provide the sole option for ingress and egress for (1) emergency services to a residential property that is occupied by the owner for more than six months of the calendar year, (2) multiple residential homes, or (3) recreation or commercial facilities. Allows the funds to be used to provide technical support and assistance for individuals and local governments to comply with no-rise certification requirements required by FEMA under the National Flood Insurance Program. Directs NCEM to not duplicate efforts if federal assistance or alternate funds are available. Starting on June 20, 2025, and ending on June 30, 2029, requires NCEM to submit annual reports on five specified matters pertaining to the Program to the specified NCGA committee and the Fiscal Research Division.
Section 2.4
Establishes the Hurricane Helene Agricultural Crop Loss Program within DACS to provide financial assistance to farmers affected by Hurricane Helene. Requires the following in order to be eligible for financial assistance for losses of agricultural commodities: (1) the person experienced a verifiable loss of agricultural commodities or farm infrastructure as a result of Hurricane Helene, and the person’s farm is located in an affected area; and (2) the agricultural commodity was planted but not harvested on or before September 24, 2024, or for aquaculture commodities, the commodities were being raised on or before that date. Defines agricultural commodity as any crop, flowering plant, freshwater aquaculture species, fruit, grain, native grass, ornamental plant, sod, tree, or vegetable (excludes stored grain). Defines farm infrastructure as fencing, greenhouses, barns, equipment, and farm roads or other structures or site improvements used for farming purposes. Sets out requirements for documenting the loss. Requires that a person first qualify for and receive payment through the USDA Livestock Indemnity Program and be a participant in a livestock or poultry indemnity program administered by the USDA Farm Service Agency. Sets out requirements for submitting documentation of loss and indemnity from the USDA Livestock Indemnity Program. Requires a person receiving assistance to provide a signed affidavit, under penalty of perjury, certifying that each fact of the loss presented is accurate. Sets out five criteria that DACS must follow in administering the program, including setting parameters for calculating payments. Allows DACS to audit the recipient’s financial and other records to ensure that the funds are used according to the program’s requirements; sets out further regulations governing these audits. Requires awarded funds to be used for agricultural production expenses and recovery of losses due to the impacts of Hurricane Helene; specifies that funds are subject to State and federal income tax. Requires a person to refund funds if they provided inaccurate information. Requires DACS to report to the specified NCGA division no later than the first day of the month six months after this section becomes effective, and every six months thereafter until all funds are expended or the program expires. Sets out information that must be included in the reports. Sets this program to expire 30 months after this section becomes effective; any funds that are not expended or encumbered at that point revert to the Helene Fund.
Section 2.5
Establishes the SBIGF, administered by DOC to assist small businesses by providing grants to local governments to expedite infrastructure repairs impacting the operation and patronage of small businesses in the affected area. Sets forth five defined terms. Sets the maximum amount of a grant award as the lesser of the cost of the qualifying infrastructure needs or $ 1 million per project. Directs local governments to use the grants under the SBIGF for qualifying infrastructure needs that DOC determines adversely affect access to or operations of identified small businesses. Provides for an application process and requirements by an eligible local government with qualifying infrastructure needs or a small business therein. Specifies that grants will be awarded on a first-come, first-served basis to the eligible local government in which the qualifying infrastructure needs are located, and the eligible local government will be responsible for using the grant amount for repairing the needs identified in the application. Allows DOC to retain up to 3% of the appropriated funds or administrative expenses. Starting on December 15, 2025, and continuing every six months thereafter, requires DOC to submit report to the specified NCGA committee and the Fiscal Research Division (FRD) on the grants awarded under the SBIGF, including information on the four listed matters in the act. Terminates reporting requirement after award of the final grant by DOC.
Part III
Section 3.1
Further extends the statewide declaration of emergency initially issued by the Governor in Executive Order No. 315 and extended by Section 3.1 of SL 2024-51 until June 1, 2025. Directs this has no effect on the Governor’s Executive Order 322 (October 16, 2024).
Part IV
Section 4.1
Specifies that funds appropriated under Part II of the act revert to the Savings Reserve if not expended or encumbered by June 30, 2030, except as otherwise provided by the act. Requires recipients of State funds under the act to use best efforts and take all reasonable steps to obtain alternative funds to cover losses or needs for which State funds are provided, including insurance funds. Requires institutions of higher education or non-State entities to seek private donations to help cover the losses or needs for which Sate funds are provided. Provides for notice to State aid recipients of this requirement. Requires recipients of alternative funds to remit the funds to the State agency from which the State funds were received not exceeding the amount of State funds provided to the recipient. Directs that any contract or other instrument entered into for the receipt of funds to include the alternate funds requirements set out above
Prevents the Governor from using the funds described in the act to make budget adjustments or reallocations. Direct the Governor to ensure that funds allocated in the act are expended in such a manner that does not adversely affect any person's or entity's eligibility for federal funds that are made available, or are anticipated to be made available, as a result of natural disasters and to avoid using State funds to cover costs that will, or likely will, be covered by federal funds.
Requires OSBM to report to the chairs of specified NCGA committees and to the Fiscal Research Division on the implementation of the act on a quarterly basis until the end of the quarter in which all funds are expended. Requires the reports to include six listed categories of information including (1) the 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; (2) purpose of the program, responsible department or agency and summary of activities; (3) total program spending by county, where practicable; and (4) funds returned to the Savings Reserve, where appropriate. Requires non-State entity fund recipients to fully cooperate with OSBM so that it can meet its reporting requirements. Directs that if this reporting requirement conflicts the reporting requirements set forth in other Helene recovery bills (Section 7.1(h) of SL 2024-51, as amended by Section 5.6 of SL 2024-53, and Section 3.1(g) of SL 2024-53), then this new requirement supersedes those requirements.
Part V
Section 5.1
Extends the expiration date of the following provisions of SL 2024-51 (Helene I), SL 2024-53 (Helene II), and SL 2024-57 (Helene III) providing regulatory flexibility that are (i) expiring, ending, or otherwise limited in applicability, on any day of March 2025 or (ii) for which no expiration date is specified to the date of expiration of the statewide declaration of emergency issued by the Governor in Executive Order No. 315, concurred to by the Council of State, and extended pursuant to SL 2024-51, this act, or any other enactment of a general law:
- Helene I:
- Section 10.1 ("Funding Flexibility for Drinking Water and Wastewater 50 Infrastructure Projects").
- Section 10.3 ("Storm Debris Open Burning Regulatory Relief").
- Section 16.1 ("Extend Grace Period for Corporations, Nonprofits, and LLCs in FEMA-designated Counties to Correct Grounds for Administrative Dissolution").
- Helene II:
- Section 4E.1 ("Authorize State Agencies to Exercise Regulatory Flexibility for Employment-Related Certifications").
- Section 4E.3 ("Flexibility for Building Permit Issuance/Inspections in Disaster Area").
- Helene III:
- Section 1D.6 ("Temporary Pump and Haul Wastewater Permits").
- Section 1D.7 ("Authorize Waiver of Submission and Approval of Sedimentation Pollution Control Plan Prior to Initiation of Land-Disturbing Activities in Certain Circumstances").
- Section 1D.8 ("Tree Ordinance Restriction in Disaster Declared Counties").
- Section 1E.1 ("Extend Certain Concealed Handgun Permits").
- Section 1F.4 ("Authorize the Office of the State Fire Marshal to Promulgate Rules for Temporary Manufactured and Modular Dwellings").
Section 5.2
Extends the time by which the Board of Funeral Service (BFS) may suspend the requirements governing funeral establishment preparation rooms which is strictly private, of suitable size for the embalming of dead bodies from 180 days to two years after a triggering event, including a weather event under GS 90-210.27A (funeral establishments). Now requires a funeral establishment to comply with the licensee requirements and permitting requirements under GS 90-210.25 (licensing) during that time (was, establishment had to comply with certain embalming requirements during that time). Removes requirement for establishment to comply with requirements and regulations of the Division of Health Services (DHS) during that time. Requires an establishment seeking an extension beyond the two-year period to petition a court of competent jurisdiction who, upon finding that granting the requested extension would not negatively affect the public health, safety, and welfare, may grant an additional extension not to exceed three years from the date of loss or one year from the date of the court's order, whichever is greater (was, applies to the Board for an extension up to 90 days). Authorizes the BFS to adopt rules to implement these changes.
Section 5.3
Requires the following to facilitate permanent installation of broadband infrastructure damaged by Hurricane Helene:
- For roadway constructors repairing roads or related roadway infrastructure located within an affected county that is one quarter of a mile or longer in total length, then the roadway constructor must collaborate and cooperate with any broadband provider that is repairing or rebuilding the broadband infrastructure that is or was located in or along the original road right-of-way as specified in the act.
- In instances where a roadway constructor has allowed the installation of a temporary backbone broadband service or repair within a roadway right-of-way as an immediate means of restoring the backbone broadband service after damage by Hurricane Helene, requires that constructor to cooperate with the broadband service provider to convert the temporary solution to the permanent solution if the broadband service provider provides evidence that the temporary solution is the most cost effective and efficient means of achieving a permanent solution.
- For the Department of Transportation (DOT) and local governments to allow the underground installation of broadband infrastructure within rights-of-way as needed for repair of broadband infrastructure damaged by Hurricane Helene in affected counties.
Section 5.4
Requires the Department of Adult Correction to coordinate with the Department of Transportation to for the use of inmates to clean up debris resulting from Hurricane Helene on public roads and roadsides in the affected areas. Requires this coordination to be in accordance with GS 148-26(b) (setting out parameters for the employment of minimum and medium custody prisoners in the maintenance and construction of public roads of the State), except for the requirement that the number and location of prisoners be agreed to far enough in advance of each budget.
Section 5.5
Adds new GS 143-49.2 (purchases by volunteer organizations active in disasters) allowing any VOAD member organization in the State to purchase heavy construction equipment and motor vehicles under State contract through the Department of Administration (DOA) if the purchases are used to aid disaster recovery in the State. Instructs DOA to use the same laws applicable to nonprofit organizations under GS 143-49(6) (powers and duties of the Secretary of Administration). Directs that any proceeds or benefits from the disposition or sale of the purchased goods can only be used for a public purpose.
Adds new GS 143-64.8 (distribution of surplus property for disaster recovery) requiring DOA to regularly publish on its website a list of heavy construction equipment and motor vehicles in its possession and control for review and consideration by units of local government and VOAD member organizations as to the useability of such equipment/vehicles for disaster recovery in the State. Directs DOA to lend out that equipment to local government units and VOAD member organizations on a first-come, first-served basis for five years without assessing or collecting any service charge or fee so long as property distributed that was originally obtained from the United States of America complies with federal guidelines for the distribution of federal property and State law. Prohibits transfer of loaned property. Provides for ownership of the property by the loanee after the five-year period expires. Directs that any proceeds or benefits from the disposition or sale of the property can only be used for a public purpose. Requires DOA to maintain records of each piece of construction equipment and motor vehicle distributed, including the recipient and the value of the thing distributed. Requires DOA to submit an annual report by February 1 of each year to the specified NCGA committees and the FRD.
Part VI
Section 6.1
Specifies that the headings to the parts and sections of the act are a convenience do not expand, limit, or define the text of the act, except for effective dates referring to a part or section.
Section 6.2
Contains severability clause.
Makes technical, organizational, and clarifying changes.
Agriculture, Business and Commerce, Corporation and Partnerships, Occupational Licensing, Courts/Judiciary, Criminal Justice, Corrections (Sentencing/Probation), Criminal Law and Procedure, Development, Land Use and Housing, Building and Construction, Community and Economic Development, Property and Housing, Environment, Environment/Natural Resources, Government, Budget/Appropriations, Public Safety and Emergency Management, State Agencies, Department of Administration, Department of Adult Correction, Department of Agriculture and Consumer Services, Department of Commerce, Department of Health and Human Services, Office of State Budget and Management, Office of State Controller, State Government, Executive, State Property, Health and Human Services, Health, Public Health, Nonprofits, Transportation
- Helene I:
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Bill H 47 (2025-2026)Summary date: Feb 4 2025 - View Summary
Part I
Titles the act “The Disaster Recovery Act of 7 2025 – Part I.” 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 Helene Fund (the Hurricane Helene Disaster Recovery Fund established in Section 4.1 of SL 2024-51), and SERDF (the State Emergency Response and Disaster Relief Fund established in GS 166A-19.42). Specifies that Part II applies to North Carolina counties in the affected area, unless otherwise provided.
Part II
Directs the State Controller to transfer $500 million from SERDF to the Helene Fund.