Senate committee substitute to the 3rd edition makes the following changes. Makes conforming changes to the act’s long and short titles. Makes organizational changes. Converts the act’s whereas clauses to findings and makes technical changes.

Adds the following new content.

Section 4.

Amends GS 14-288.1 to define emergency area and temporary housing. Now amends GS 14-288.6 (Looting; trespass during emergency) in subsection (a) to include trespassing in an emergency area during a declared state of emergency, removing reference to riots, storms, and other specified types of disaster. Amends subsection (b) to make it a Class F felony to loot property that is temporary housing, or a Class H felony if the property looted is not temporary housing. Applies to offenses committed on or after December 1, 2025.

Section 5.

In the event the Secretary of the US Department of Health and Human Services or the Centers for Medicare and Medicaid Services issues a temporary waiver or modification under the specified federal law, authorizes all rules of the NC Medical Care Commission (Commission) pertaining to hospitals to be automatically modified or waived under GS 131E-84 (emergencies under the Hospital Licensure Act) to the extent necessary to allow for consistency with a federal waiver or modification and to continue in place at least until the federal waiver or modification has expired. Clarifies that this does not prevent the Division of Health Service Regulation (Division) from further waiving or modifying any rules of the Commission while a temporary waiver or modification.

Section 6.

Establishes definitions of eligible building, fire-resistant window requirements, and Helene-affected county.

Allows the owner of an eligible building in a Hurricane Helene-affected county to restore the building with window assemblies that have the same fire-protection rating that existed in the building as of September 27, 2024, without having to comply with the current provisions of the North Carolina State Building Code. Specifies that this exemption applies only to provisions mandating a higher or upgraded fire-protection rating or fire-resistant glazing for window openings, and only for work to restore Hurricane Helene-related damage, not expansion or changes.

Makes clear that all other provisions of the State Building Code remain in effect regardless of the exemption. Requires a building owner to submit an affidavit to the local building inspector identifying the specific window installations under the exemption and certifying the building is eligible. Requires an eligible building owner to claim the exemption within two years of the effective date of the act. Specifies that any subsequent renovation or replacement of the exempt windows must comply with the building code then in effect.

Exempts any state or local government inspector or official from liability for any damages arising directly or indirectly from a building owner's use of the exemption.

Permits the Office of the State Fire Marshal and the North Carolina Building Code Council to adopt rules to implement the exemption. Requires the State Fire Marshal to produce a form for local code enforcement officials containing the affidavit requirements.

Applicable to eligible buildings for which a Certificate of Occupancy is issued after the act becomes law.

Section 7.

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. Requires the Department of Insurance (DOI), by August 1, 2025, to prepare and submit to FEMA for its approval, the proposed changes to GS 143-138 and GS 143-215.54. Makes changes to GS 143-138 and GS 143-215.54 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.

Section 8.

Requires the Department of Environmental Quality (DEQ), Department of Agriculture and Consumer Services (DACS), 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 comply with 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, so long as they provide the described notice to DEQ by at least ten days prior to beginning operations; (2) 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; (3) air quality permit requirements for vegetative debris processing equipment under the specified rule; (4) soil amendment or compost product registration required by DACS, and (5) State Fire Code limitations on mulch pile storage.

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.

Section 9.

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.

Section 10.
Changes the act’s effective date to when it becomes law, except as otherwise provided.