Senate amendments make the following changes to the 2nd edition.
Amendment #1
Section 2.
Modifies the five listed requirements that the Department of Environmental Quality (DEQ), Department of Agriculture and Consumer Services (DACS), and a unit of local government (as applicable), are required to waive so long as it does not conflict with the described obligations under federal law as follows. Requires that the persons or entities undertaking an activity that would normally require the specified solid waste composing permit provide the described notice to DEQ by at least ten days prior to beginning operations. Removes the waiver for stormwater and sedimentation and erosion control requirements. Instead, waives approval of erosion and sediment control plans under the described regulation where the activities do not involve removal of trees or other existing ground cover. Makes technical, clarifying, and conforming changes.
Requires persons or entities undertaking activities that would otherwise be subject to the five listed requirements that are waived by the act to provide the described notice to DEQ and DACS, except for those undertaking an activity that would normally require the specified solid waste composing permit (who are already subject to separate notice requirements under the act, described above). Limits individual sites to a maximum allowance of 25,000 cubic yards, as described. Clarifies that a waiver under the act does not exempt the activities from complying with other applicable regulations. Provides for limits on depth for mulch used for temporary erosion control. Provides for determination of normally accepted agronomic rates for materials to be used as a soil amendment, as specified. Effective when the section becomes law and expires July 1, 2027. Requires that any material managed under these provisions must be removed from the site for its intended purpose by no later than July 1, 2027.
Amendment #2
Section 2.1.
Requires all units of local government in counties designated before, on, or after the act’s effective date under a major disaster declaration by the President as a result of Hurricane Helene managing vegetative debris removal within their jurisdictions to transport the material to a composting site for reuse as mulch or soil amendment when the transportation and disposal costs for processing tree stumps and other vegetative debris at the composting site are equal to or less than the costs associated with the transportation and disposal at a landfill. Directs DEQ and DACS to comply with the requirements above to the extent they assist local governments with such debris. Effective when the section becomes law and expires on July 1, 2027.
Bill Summaries: S 266 HISTORIC FLOOD EVENT BLDG. CODE EXEMPTION.
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Bill S 266 (2025-2026)Summary date: May 7 2025 - View Summary
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Bill S 266 (2025-2026)Summary date: Apr 16 2025 - View Summary
Senate committee substitute to the 1st edition adds the following content.
Requires the Department of Insurance (DOI), by August 1, 2025, to prepare and submit to FEMA for its approval, the proposed changes set out in the act. Changes the effective date of the changes to GS 143-138 and GS 143-215.54 so that they are now effective on the later of (1) October 1, 2025, or (2) the first day of the month that is 30 days after the Commissioner of Insurance certifies that FEMA has approved the proposed changes (requires the Commissioner to provide this notice and the act’s effective date on its website). Requires DOI to report to the specified NCGA commission on the status of their activities related to the above on a quarterly basis beginning September 1, 2025, until the changes to the statutes become law.
Requires the Department of Environmental Quality, Department of Agriculture and Consumer Services, and a unit of local government (as applicable), to waive the following requirements, to the extent the requirements are State or local in origin and not otherwise required to meet federal law, as they apply to activities to process tree stumps and vegetative debris into mulch or soil amendments in the counties designated before, on, or after the act’s effective date under a major disaster declaration by the President as a result of Hurricane Helene: (1) solid waste composing rules for Type 1 facilities under the specified rule, (2) stormwater, sedimentation, and erosion control requirements; (3) air quality permit requirements for vegetative debris processing equipment under the specified rule, (4) soil amendment or compost product registration required by the Department of Agriculture and Consumer Services, and (5) State Fire Code limitations on mulch pile storage. Expires July 1, 2027.
Makes conforming changes to the act's long title.
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Bill S 266 (2025-2026)Summary date: Mar 11 2025 - View Summary
Amends GS 143-138 by adding that the owner of a lawfully established building or structure that is damaged by a historic flood event may replace or reconstruct the building or structure within the base floodplain to the same or lesser extent or volume existing immediately before the historic flood event, without regard to changes in State or local regulations adopted after the building or structure was lawfully established, subject to the following limitations. Specifies that the replacement or reconstruction that increases the extent or volume of the building or structure within the base floodplain is not authorized unless hydrologic and hydraulic analyses demonstrate that the proposed replacement or reconstruction will not result in any increase in the base flood elevation. Defines 200-year flood as a flood having a 0.5% probability of being equaled or exceeded in any given year, resulting in floodwater elevations higher than the base flood elevation associated with a 100-year flood. Defines historic flood event as a flood event that meets or exceeds a 200-year flood. Makes conforming changes to GS 143-215.54.