Bill Summary for S 266 (2025-2026)

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Summary date: 

May 7 2025

Bill Information:

View NCGA Bill Details(link is external)2025-2026 Session
Senate Bill 266 (Public) Filed Tuesday, March 11, 2025
AN ACT TO ESTABLISH EXEMPTIONS FROM CERTAIN FLOODPLAIN REQUIREMENTS FOR THE REPLACEMENT OR RECONSTRUCTION OF STRUCTURES DAMAGED BY HISTORIC FLOOD EVENTS; AND EXEMPTIONS FROM SOLID WASTE COMPOSTING RULES, STATE-ONLY STORMWATER AND SEDIMENTATION CONTROL REQUIREMENTS, STATE-ONLY AIR QUALITY PERMITS, SOIL AMENDMENT OR COMPOST PRODUCT REGISTRATION, AND FIRE CODE LIMITATIONS ON MULCH PILE STORAGE, FOR THE PROCESSING OF TREE STUMPS AND OTHER VEGETATIVE DEBRIS INTO MULCH OR SOIL AMENDMENTS IN THE COUNTIES AFFECTED BY HELENE FOR A PERIOD OF TWENTY-FOUR MONTHS.
Intro. by Moffitt, Daniel, Britt.

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Bill summary

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.