North Carolina 2025-2026 Regular Session

North Carolina House Bill H47 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3	3
4		-	SESSION LAW 2025-2
5	4		HOUSE BILL 47
	5	+	RATIFIED BILL
6	6
7	7
8		-	H47-v-7
	8	+	H47-v-6
9	9		AN ACT TO PROVIDE ADDITIONAL APPROPRIATIONS AND EXTEND REGUL ATORY
10	10		FLEXIBILITY FOR COMM UNITIES AND CITIZENS IMPACTED BY HURRICA NE
11	11		HELENE.
12	12
13	13		The General Assembly of North Carolina enacts:
14	14
15	15		PART I. TITLE AND SCOPE OF ACT
16	16		SECTION 1.1. Title. – This act shall be known as "The Disaster Recovery Act of
17	17		2025 – Part I."
18	18		SECTION 1.2. Maximum Amounts; Effectuate Savings. – The appropriations and
19	19		allocations made in this act are for maximum amounts necessary to implement this act. Savings
20	20		shall be effected where the total amounts appropriated or allocated are not required to implement
21	21		this act.
22	22		SECTION 1.3. Scope. – Unless otherwise provided, Part II of this act applies to the
23	23		North Carolina counties in the affected area, as defined in Section 1.4 of this act.
24	24		SECTION 1.4. Definitions. – Unless otherwise provided, the following definitions
25	25		apply in this act:
26	26		(1) Affected area. – The counties designated before, on, or after the effective date
27	27		of this act under a major disaster declaration by the President of the United
28	28		States under the Stafford Act (P.L. 93-288) as a result of Hurricane Helene.
29	29		(2) CDBG-DR. – Community Development Block Grant – Disaster Recovery.
30	30		(3) Disaster Relief Reserve. – The OSBM Disaster Relief Reserve (Budget Code
31	31		23009).
32	32		(4) FEMA. – The Federal Emergency Management Agency.
33	33		(5) Helene Fund. – The Hurricane Helene Disaster Recovery Fund established in
34	34		Section 4.1 of S.L. 2024-51.
35	35		(6) NCEM. – The Division of Emergency Management of the Department of
36	36		Public Safety.
37	37		(7) NCORR. – The Department of Public Safety, Office of Recovery and
38	38		Resiliency.
39	39		(8) OSBM. – The Office of State Budget and Management.
40	40		(9) SERDRF. – The State Emergency Response and Disaster Relief Fund
41	41		established in G.S. 166A-19.42.
42	42
43	43		PART II. HURRICANE HELENE DISASTER RECOVERY AP PROPRIATIONS AND
44	44		PROGRAMS
45	45
46	46		SUBPART II-A. DISASTER RECOVERY APPROPRI ATION, TRANSFER, AND
47	47		PROGRAMS
48	48		SECTION 2A.1. Transfer. – The State Controller shall transfer the sum of two
49	49		hundred ninety-nine million dollars ($299,000,000) from the SERDRF to the Helene Fund.
50		-	Page 2 ~~Session Law 2025-2~~ House Bill 47
	50	+	Page 2 House Bill 47-Ratified
51	51		SECTION 2A.2. Appropriation. – There is appropriated from the Helene Fund the
52	52		sum of five hundred twenty-four million dollars ($524,000,000) in nonrecurring funds as follows:
53	53		(1) Notwithstanding G.S. 143B-1040(c), one hundred twenty million dollars
54	54		($120,000,000) to the Department of Commerce, Division of Community
55	55		Revitalization (DCR), for the Home Reconstruction and Repair Program
56	56		(Program). The Program shall be CDBG-DR compliant and consistent with
57	57		the United States Department of Housing and Urban Development's Universal
58	58		Notice in 90 FR 1754, as amended, to ensure maximum reimbursement from
59	59		federal funds when those funds become available. DCR shall report to the
60	60		Joint Legislative Emergency Management Oversight Committee, the Joint
61	61		Legislative Commission on Governmental Operations, and the Fiscal
62	62		Research Division by March 31, 2025, on how the Program will be set up prior
63	63		to accepting applications.
64	64		(2) Two hundred million dollars ($200,000,000) to the Department of Agriculture
65	65		and Consumer Services for the Agricultural Disaster Crop Loss Program as
66	66		created in Subpart II-D of this act.
67	67		(3) One hundred million dollars ($100,000,000) to NCEM for the Private Road
68	68		and Bridges Repair and Replacement Program in accordance with Subpart
69	69		II-C of this act.
70	70		(4) Fifty-five million dollars ($55,000,000) for the Small Business Infrastructure
71	71		Grant Program in accordance with Subpart II-F of this act.
72	72		(5) Twenty million dollars ($20,000,000) to OSBM to distribute to State agencies
73	73		and units of local government for debris and sedimentation removal unmet
74	74		needs. NCEM shall assist OSBM in coordinating the debris removal with
75	75		relevant State agencies and local stakeholders. OSBM shall prioritize using
76	76		these funds to address identified gaps in debris cleanup not met by other
77	77		federal and State programs.
78	78		(6) Ten million dollars ($10,000,000) to the Office of the State Fire Marshal to
79	79		disburse grants to small and volunteer fire departments in counties in the
80	80		affected area that qualify for Individual and Public Assistance Categories C-G
81	81		to cover expenses incurred due to Hurricane Helene, to purchase equipment,
82	82		or to make capital improvements to assist with readiness for future emergency
83	83		response. A grant under this subdivision shall not exceed five hundred
84	84		thousand dollars ($500,000). The Office of the State Fire Marshal may use up
85	85		to two hundred fifty thousand dollars ($250,000) of the funds appropriated in
86	86		this subdivision for administrative costs related to disbursing these grants.
87	87		(7) Ten million dollars ($10,000,000) to NCEM to disburse grants to any member
88	88		organization of Volunteer Organizations Active in Disaster (VOADs) actively
89	89		involved in actual and ongoing repair and reconstruction projects.
90	90		(8) Four million dollars ($4,000,000) to the Department of Commerce for the
91	91		nonprofit corporation with which the Department contracts pursuant to
92	92		G.S. 143B-431.01(b) for targeted media campaigns to encourage both in-State
93	93		and out-of-state tourists to return to areas impacted by Hurricane Helene in
94	94		2025. The nonprofit corporation shall (i) coordinate with the Department of
95	95		Transportation to promote areas and roads that are open and accessible for
96	96		tourism and travel and (ii) promote, including through advertising, awareness
97	97		of segments of the Blue Ridge Parkway that are, or subsequently become,
98	98		open to the public.
99	99		(9) Nine million dollars ($9,000,000) to the Department of Public Instruction for
100	100		the School Extension Learning Recovery Program in accordance with Subpart
101	101		II-G of this act.
102		-	House Bill 47 ~~Session Law 2025-2~~ Page 3
	102	+	House Bill 47-Ratified Page 3
103	103		SECTION 2A.3. Additional Rental Assistance. – Effective retroactively to October
104	104		25, 2024, Section 4B.7 of S.L. 2024-53 reads as rewritten:
105	105		"SECTION 4B.7. Of the funds appropriated in this act to the Department of Health and
106	106		Human Services, Division of Social Services (Division), the sum of one million dollars
107	107		($1,000,000) in nonrecurring funds shall be allocated to county departments of social services to
108	108		provide rental assistance to individuals who reside, temporarily or permanently, in counties in
109	109		the affected area that qualify for FEMA Individual and Public Assistance Categories A-G.
110	110		Assistance shall be limited to households at or below two hundred percent (200%) of the federal
111	111		poverty level who have suffered hardship due to the impacts of Hurricane Helene. These
112	112		households shall receive a one-time payment up to two payments, as determined by the county
113	113		departments of social services, each in an amount up to the U.S. Department of Housing and
114	114		Urban Development's (HUD) local area Fair Market Rents (FMRs) measure for a two-bedroom
115	115		unit. Payments under this section shall be used to assist households facing a housing crisis, such
116	116		as imminent risk of eviction. County departments of social services may use up to five percent
117	117		(5%) of their allocated amount for administrative costs."
118	118		SECTION 2A.4.(a) Findings of Fact. – The General Assembly finds that:
119	119		(1) The Hurricane Helene Disaster Supplemental Nutrition Assistance Program,
120	120		a federal program to provide food assistance to low-income households with
121	121		food loss or damages caused by Hurricane Helene, ended in November 2024.
122	122		(2) Less than half of the ten million dollars ($10,000,000) in State funds
123	123		appropriated for administration of the program were expended.
124	124		SECTION 2A.4.(b) Disaster Supplemental Nutrition Assistance Program Funding
125	125		Adjustment. – Notwithstanding S.L. 2024-53 or any provision of the Committee Report of that
126	126		act to the contrary, the amount for Disaster Supplemental Nutrition Assistance Program in Item
127	127		22, page F-3 of that report shall be reduced by four million dollars ($4,000,000) in order to
128	128		increase funding to the Department of Commerce for targeted media campaigns in accordance
129	129		with Section 2A.2(8) of this act. The State Controller shall make any transfers necessary to
130	130		effectuate this section.
131	131		SECTION 2A.4.(c) Adjustment Reconciliation. – Section 2.1(a) of S.L. 2024-53
132	132		reads as rewritten:
133	133		"SECTION 2.1.(a) Appropriation of State Funds (Helene Fund). – Appropriations from the
134	134		Helene Fund for the budgets of State agencies and non-State entities, and for other purposes
135	135		enumerated, are made for the 2024-2025 fiscal year, according to the following schedule:
136	136
137	137		Helene Fund Appropriations FY 2024-2025
138	138
139	139		…
140	140
141	141		HEALTH AND HUMAN SERVICES
142	142		Department of Health and Human Services 71,400,00067,400,000
143	143
144	144		…
145	145
146	146		Total Appropriation 604,150,000600,150,000"
147	147
148	148		SUBPART II-B. CLOSE OUT OPERATIONS PROVI DE EMERGENCY RELIEF
149	149		SECTION 2B.1.(a) Subpart D of Part 5 of Article 13 of Chapter 143B of the General
150	150		Statutes reads as rewritten:
151	151		"Subpart D. Office of Recovery and Resiliency.
152	152		"§ 143B-1040. Office of Recovery and Resiliency.
153		-	Page 4 ~~Session Law 2025-2~~ House Bill 47
	153	+	Page 4 House Bill 47-Ratified
154	154		(a) The Office of Recovery and Resiliency (Office) is created in the Department of Public
155	155		Safety. The Office shall execute multi-year recovery and resiliency projects and administer funds
156	156		provided by the Community Development Block Grant Disaster Recovery program for
157	157		Hurricanes Florence and Matthew. The Office will provide general disaster recovery
158	158		coordination and public information; citizen outreach and application case management; audit,
159	159		finance, compliance, and reporting on disaster recovery funds; and program and construction
160	160		management services. The Office shall also contract for services from vendors specializing in
161	161		housing, construction, and project management services.
162	162		(b) The Office shall develop and administer a grant program for financially distressed
163	163		local governments to assist with recovery capacity. The grants shall cover the salaries, benefits,
164	164		and operating costs for up to two three-year positions and may also be used to purchase one
165	165		vehicle per community as necessitated by the individual circumstances of each community. The
166	166		Office shall also, in consultation with the Local Government Commission, develop and
167	167		administer a one-time emergency fund for local governments in disaster-affected areas that need
168	168		immediate cash flow assistance. These funds shall be used to meet local government debt service
169	169		obligations, to meet payroll obligations for local governments, and to meet vendor payments
170	170		where nonpayment would result in negative financial outcome.
171	171		(c) Notwithstanding any other provision of law, all Community Development Block
172	172		Grant Disaster Recovery awards received by the State in response to the declarations and
173	173		executive orders described in Section 3.1 of S.L. 2016-124, or in any subsequent federally
174	174		declared disasters, shall be administered by the North Carolina Office of Recovery and Resiliency
175	175		of the Department of Public Safety, including circumstances where the designated grantee is an
176	176		agency other than the North Carolina Office of Recovery and Resiliency.
177	177		"§ 143B-1041. Interagency coordination.
178	178		(a) The Office shall establish an intergovernmental working group composed of
179	179		representatives from the Department of Environmental Quality and other relevant State agencies,
180	180		local governments, and other stakeholders to identify legislative, economic, jurisdictional, and
181	181		other challenges related to stream management and flooding reduction. Beginning January 1,
182	182		2022, and biannually thereafter, the Office shall report to the Joint Legislative Commission on
183	183		Governmental Operations and the Fiscal Research Division regarding the findings and
184	184		recommendations of the working group.
185	185		(b) The Office of Recovery and Resiliency and the Division of Emergency Management
186	186		of the Department of Public Safety, the Director of the Division of Coastal Management of the
187	187		Department of Environmental Quality, and the Secretary of the Department of Transportation, or
188	188		their respective designees, shall meet at least quarterly beginning January 1, 2022, in order to
189	189		coordinate the grant making and technical assistance activities each agency is carrying out related
190	190		to subsection (a) of this section."
191	191		SECTION 2B.1.(b) Subsection (a) of this section becomes effective October 1,
192	192		2026.
193	193		SECTION 2B.2.(a) Transfers. – The State Controller shall transfer the following
194	194		amounts from the following sources to the Disaster Relief Reserve:
195	195		(1) One hundred twenty-one million dollars ($121,000,000) from the Savings
196	196		Reserve.
197	197		(2) Ninety-six million dollars ($96,000,000) from the SERDRF.
198	198		SECTION 2B.2.(a1) Additional Transfer. – The State Controller shall transfer all
199	199		funds remaining in the Hurricane Florence Disaster Recovery Fund that remain unexpended as
200	200		of the date this act becomes law to the Savings Reserve.
201	201		SECTION 2B.2.(b) Appropriation. – The funds transferred in subsection (a) of this
202	202		section are appropriated within the Disaster Relief Reserve and are allocated to NCORR for the
203	203		completion of the homeowner recovery program for Hurricanes Matthew and Florence.
204		-	House Bill 47 ~~Session Law 2025-2~~ Page 5
	204	+	House Bill 47-Ratified Page 5
205	205		SECTION 2B.2.(c) Prioritization. – NCORR shall prioritize (i) entering into a
206	206		memorandum of understanding with the Housing Finance Agency to retrieve eligible funding for
207	207		the homeowner recovery program and (ii) spending those funds received from the Housing
208	208		Finance Agency for the remaining unmet needs for the homeowner recovery projects consistent
209	209		with subsection (b) of this section.
210	210		SECTION 2B.2.(d) Reversion of Funds. – Funds appropriated to NCORR under this
211	211		section shall revert to the Savings Reserve on October 1, 2026.
212	212		SECTION 2B.3.(a) Issuance of Notices to Proceed. – NCORR shall issue, at a
213	213		minimum, Notices to Proceed to program-selected contractors for homeowner projects for the
214	214		homeowner recovery programs for Hurricanes Matthew and Florence under the following
215	215		schedule. These percentages represent the percentage of the overall total number of projects for
216	216		the history of the homeowner recovery program:
217	217		(1) By May 1, 2025, eighty-eight and one-half percent (88.5%).
218	218		(2) By June 1, 2025, ninety percent (90%).
219	219		(3) By July 1, 2025, ninety-one and one-half percent (91.5%).
220	220		SECTION 2B.3.(b) Unawarded Projects. – The total number of homeowner projects
221	221		not awarded to contractors shall not exceed the following maximums:
222	222		(1) By May 1, 2025, 100 projects.
223	223		(2) By June 1, 2025, 70 projects.
224	224		(3) By July 1, 2025, 40 projects.
225	225		SECTION 2B.3.(c) Exclusion of Withdrawn/Ineligible Projects. – Projects
226	226		withdrawn or not eligible for reconstruction or another category of the Community Development
227	227		Block Grant – Disaster Relief homeowner recovery programs for Hurricanes Matthew and
228	228		Florence shall not count toward the requirements of this section when assessing NCORR's
229	229		compliance.
230	230		SECTION 2B.3.(d) Reporting. – NCORR shall report to the Joint Legislative
231	231		Commission on Governmental Operations (Commission) and the Fiscal Research Division (i)
232	232		within five business days of each deadline established in subsections (a) and (b) of this section,
233	233		written reports on their compliance with the schedules and benchmarks set forth in those
234	234		subsections and (ii) weekly reports, including total spending, funds available, and the number of
235	235		homeowner repair and reconstruction projects at their respective stages of completion.
236	236		SECTION 2B.3.(e) Noncompliance Reporting. – If the Commission staff determines
237	237		NCORR is not in compliance with the schedules set forth in this section, then the Commission
238	238		shall notify NCORR and the chairs of the House and Senate Appropriations Committees of their
239	239		determination. No later than five business days after receipt of the notice of noncompliance,
240	240		NCORR shall submit a written report explaining the compliance deficiencies to the chairs of the
241	241		House and Senate Appropriations Committees and the Fiscal Research Division.
242	242		SECTION 2B.4. Monthly Reporting. – Beginning August 1, 2025, NCORR shall
243	243		report monthly to the Commission and the Fiscal Research Division on all projects completed
244	244		and unawarded projects in the homeowner recovery program for Hurricanes Matthew and
245	245		Florence until NCORR is dissolved pursuant to this act. The report shall contain, at a minimum,
246	246		all information contained in the report required under subsection (d) of Section 2B.3 of this act
247	247		regarding compliance with the schedules and benchmarks in this section. The noncompliance
248	248		requirements of subsection (e) of Section 2B.3 of this act apply to this section.
249	249		SECTION 2B.5. Modify Audit Reporting Frequency. – Section 1F.2(d) of S.L.
250	250		2024-57 reads as rewritten:
251	251		"SECTION 1F.2.(d) Reporting. – In addition to the requirements of G.S. 147-64.5(a), the
252	252		State Auditor shall furnish copies of any and all audits performed under this section to the Joint
253	253		Legislative Commission on Governmental Operations and the Fiscal Research Division within
254	254		30 days of the completion of each audit. OSBM shall submit a quarterly monthly report on the
255	255		ongoing financial monitoring of the Office to the Joint Legislative Commission on Governmental
256		-	Page 6 ~~Session Law 2025-2~~ House Bill 47
	256	+	Page 6 House Bill 47-Ratified
257	257		Operations and the Fiscal Research Division in each quarter month that the Office is expending
258	258		State or federal funds for storm recovery efforts."
259	259
260	260		SUBPART II-C. PRIVATE ROAD AND BRIDGE RE PAIR AND REPLACEMENT
261	261		PROGRAM
262	262		SECTION 2C.1.(a) Private Road and Bridge Repair and Replacement Program. –
263	263		The Private Road and Bridge Repair and Replacement Program (Program) is established within
264	264		NCEM for the repair and replacement of private roads and bridges damaged or destroyed by
265	265		Hurricane Helene. NCEM shall consult with the Department of Transportation in administering
266	266		the Program and shall develop criteria and an application process to select private roads and
267	267		bridges eligible for repair or replacement consistent with this subsection. NCEM may use up to
268	268		two percent (2%) for administrative costs for the Program. NCEM shall prioritize applications
269	269		for the repair and replacement of private roads or bridges that provide the sole option for ingress
270	270		and egress for (i) emergency services to a residential property that is occupied by the owner for
271	271		more than six months of the calendar year, (ii) multiple residential homes, or (iii) recreation or
272	272		commercial facilities. These funds may be used for program costs incurred for the engineering,
273	273		design, and construction of private roads and bridges, funding to nonprofit organizations
274	274		supporting bridge repairs, and may also be used to provide technical support and assistance for
275	275		individuals and local governments to comply with no-rise certification requirements required by
276	276		FEMA under the National Flood Insurance Program.
277	277		SECTION 2C.1.(b) HOA Cost-Share. – If a qualifying private road or bridge is
278	278		owned by a homeowners association (HOA), then NCEM shall enter into a cost-share agreement
279	279		with the HOA for all project engineering and construction costs. NCEM's share of costs pursuant
280	280		to any agreement shall not exceed fifty percent (50%). Any funds that the HOA pays toward
281	281		these projects shall be non-State dollars.
282	282		SECTION 2C.1.(c) Ownership Restriction. – If a private road or bridge is repaired
283	283		or replaced through the Program, the ownership or responsibility for maintenance or safety of the
284	284		repaired or replaced road or bridge shall not transfer to or be assumed by the State or a political
285	285		subdivision thereof by virtue of the repair or replacement under this Program.
286	286		SECTION 2C.1.(d) Federal Funding. – If federal assistance or alternative funds are
287	287		available for the same purposes in subsection (a) of this section, NCEM shall not duplicate efforts
288	288		or benefits and take all reasonable steps to obtain that federal assistance or alternative funds prior
289	289		to obligating funds for the Program with State funds.
290	290		SECTION 2C.1.(e) Reporting Requirement. – NCEM shall annually report to the
291	291		Joint Legislative Emergency Management Oversight Committee and the Fiscal Research
292	292		Division beginning on June 30, 2025, and ending on June 30, 2029, on the Program. The report
293	293		shall include, at a minimum, all of the following:
294	294		(1) The criteria used for awarding funds.
295	295		(2) The locations of any roads or bridges replaced.
296	296		(3) The average grant amount requested and disbursed.
297	297		(4) The number of projects requested, declined, and funded.
298	298		(5) The identification of unmet needs remaining at the end of each fiscal year for
299	299		private road or bridge repair or replacement.
300	300
301	301		SUBPART II-D. AGRICULTURAL DISASTER CROP LOSS PROGRAM
302	302		SECTION 2D.1.(a) Intent to Appropriate Future Funds. – It is the intent of the North
303	303		Carolina General Assembly to review the funds appropriated by Congress for agricultural
304	304		disaster relief and to consider actions needed to address any remaining unmet needs. It is also the
305	305		intent of the North Carolina General Assembly to review the adequacy of the agricultural relief
306	306		measures funded by this act at that time.
307		-	House Bill 47 ~~Session Law 2025-2~~ Page 7
	307	+	House Bill 47-Ratified Page 7
308	308		SECTION 2D.1.(b) Transfer; Appropriation. – The State Controller shall transfer
309	309		one hundred million dollars ($100,000,000) from SERDRF to the Disaster Relief Reserve. The
310	310		funds transferred pursuant to this subsection are appropriated from the Disaster Relief Reserve
311	311		to the Department of Agricultural and Consumer Services for the Agricultural Disaster Crop Loss
312	312		Program as created in this subpart.
313	313		SECTION 2D.1.(c) Allocation of Funds. – Of the funds appropriated in Section 2A.2
314	314		of this act and this section to the Department of Agriculture and Consumer Services for the
315	315		Agricultural Disaster Crop Loss Program, the funds shall be allocated within the Program as
316	316		follows:
317	317		(1) Two hundred million dollars ($200,000,000) for verifiable losses from
318	318		Hurricane Helene in the affected area.
319	319		(2) One hundred million dollars ($100,000,000) for verifiable losses from an
320	320		agricultural disaster in 2024, excluding Hurricane Helene. Additionally, the
321	321		Department shall use remaining funds from Section 5.9A(c)(2) of S.L.
322	322		2021-180 and Section 5.4(a)(4) of S.L. 2022-74 for the same purpose.
323	323		SECTION 2D.2.(a) Agricultural Disaster Crop Loss Program. – The 2024
324	324		Agricultural Disaster Crop Loss Program is established within the Department of Agriculture and
325	325		Consumer Services. The Program shall be used to provide financial assistance, subject to Section
326	326		2D.1 of this act, to farmers with verified losses from an agricultural disaster in this State in 2024.
327	327		The Department may use up to one percent (1%) of funds allocated for the Program for
328	328		administrative purposes. To be eligible for financial assistance for losses of agricultural or
329	329		aquaculture commodities or farm infrastructure, a person must satisfy all of the following criteria:
330	330		(1) The person experienced a verifiable loss of agricultural or aquaculture
331	331		commodities or farm infrastructure as a result of an agricultural disaster in
332	332		2024, and the person's farm is located in an affected county for the respective
333	333		agricultural disaster.
334	334		(2) The agricultural commodity was planted before the eligibility date; for
335	335		aquaculture commodities, the commodities were being raised before the
336	336		eligibility date; or for farm infrastructure, the infrastructure existed before the
337	337		eligibility date.
338	338		SECTION 2D.2.(b) Verification of Loss. – A person seeking financial assistance for
339	339		losses of agricultural commodities under the Program shall submit to the Department a Form 578
340	340		on file with the USDA Farm Service Agency or a form provided by the Department for reporting
341	341		acreage or plantings of crops or reporting infrastructure damage or loss that is not typically
342	342		reported on Form 578, along with any other documentation deemed appropriate by the
343	343		Department, no later than 45 days after this section becomes effective. For nursery crops,
344	344		fruit-bearing trees and bushes, and specialty crops where the survival level is not immediately
345	345		known, the Department may extend this deadline by an additional 45 days, upon written request
346	346		by the person received no later than 45 days after this subpart becomes effective and upon
347	347		approval by the Department. A person receiving assistance under this Program must provide a
348	348		signed affidavit, under penalty of perjury, certifying that each fact of the loss presented by the
349	349		person is accurate.
350	350		SECTION 2D.2.(c) Criteria. – The Department shall administer the financial
351	351		assistance program authorized by this subpart in accordance with the following criteria:
352	352		(1) In determining the payment calculation for agricultural commodities, the
353	353		Department shall use a formula based on acreage, county loss estimates,
354	354		USDA National Agricultural Statistics Service averages, and any other
355	355		measure the Department deems appropriate. Funds shall be distributed based
356	356		on county averages for yields and State averages for price. Calculations shall
357	357		be based on county or State averages in price, whichever the Department
358	358		determines is appropriate.
359		-	Page 8 ~~Session Law 2025-2~~ House Bill 47
	359	+	Page 8 House Bill 47-Ratified
360	360		(2) The Department shall gather all claim information, except from those
361	361		applicants granted a deadline extension, no later than 45 days after this subpart
362	362		becomes law. The Department shall, as closely as possible, estimate the
363	363		amount of the funds needed to be held in reserve for payments related to losses
364	364		of nursery, bush, tree, and specialty crops for which losses will not be fully
365	365		known or calculated. The Department shall set aside funds as it deems
366	366		appropriate based on the estimated percentage of these losses.
367	367		(3) Payments made under this Program shall be made to the person who filed the
368	368		Form 578 or Department form for claims related to agricultural or aquaculture
369	369		commodity or farm infrastructure losses.
370	370		(4) The Department shall develop a formula to determine the payment calculation
371	371		for farm infrastructure damage or loss using measures the Department deems
372	372		appropriate. The Department shall consider any other available insurance
373	373		claims that may be available to the applicant when developing the formula
374	374		under this subdivision.
375	375		SECTION 2D.2.(d) Audit. – The Department may audit the financial and other
376	376		records of each recipient of funds in order to ensure that the funds are used in accordance with
377	377		the requirements of this Program. The Department may require any documentation or proof it
378	378		considers necessary to efficiently administer this Program, including the ownership structure of
379	379		each entity, the social security numbers of each owner, and any documentation of insurance
380	380		payments or federal funds for verified losses. In order to verify losses, the Department may
381	381		require the submission of dated, signed, and continuous records. These records may include, but
382	382		are not limited to, commercial receipts, settlement sheets, warehouse ledger sheets, pick records,
383	383		load summaries, contemporaneous measurements, truck scale tickets, contemporaneous diaries,
384	384		appraisals, ledgers of income, income statements of deposit slips, cash register tape, invoices for
385	385		custom harvesting, u-pick records, and insurance documents.
386	386		SECTION 2D.2.(e) Expenditure of Awarded Funds. – Awarded funds shall be used
387	387		for agricultural production expenses and recovery of losses due to the impacts of the agricultural
388	388		disaster. The Department shall develop guidelines and procedures to ensure that funds are
389	389		expended for the purposes allowed by this subpart and may require any documentation it
390	390		determines necessary to verify the appropriate use of financial assistance awards, including
391	391		receipts. All distributed funds are subject to federal and State income tax.
392	392		SECTION 2D.2.(f) Refund of Award. – If a person receives financial assistance
393	393		under this Program for which the person is ineligible, or if the amount of the financial assistance
394	394		received is based on inaccurate information, the person forfeits the assistance awarded under this
395	395		subpart and is liable for the amounts received. Assistance forfeited under this subpart shall bear
396	396		interest at the rate determined in accordance with G.S. 105-241.21 as of the date of receipt until
397	397		repaid. Financial assistance forfeited but not paid shall be collected by a civil action in the name
398	398		of the State, and the recipient shall pay the cost of the action. The Attorney General, at the request
399	399		of the Commissioner of Agriculture, shall institute the action in the proper court for the collection
400	400		of the award forfeited, including interest thereon.
401	401		SECTION 2D.2.(g) Definitions. – The following definitions apply in this Program:
402	402		(1) Agricultural disaster. – A secretarial disaster designation declared by the
403	403		USDA Secretary for qualifying counties in this State.
404	404		(2) Agricultural or aquaculture commodity. – As determined by the Department.
405	405		This term does not include livestock or poultry.
406	406		(3) Department. – The Department of Agriculture and Consumer Services.
407	407		(4) Eligibility date. – The date of the disaster set forth in the Secretarial
408	408		declaration for the county in which the agricultural or aquaculture
409	409		commodities or farm infrastructure are located and for which verifiable losses
410	410		are claimed.
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412	412		(5) Farm infrastructure. – Fencing, greenhouses, barns, equipment, and farm
413	413		roads or other structures or site improvements used for farming purposes.
414	414		(6) Program. – The Agricultural Disaster Crop Loss Program.
415	415		(7) Qualifying county. – A county in this State that meets one of the following
416	416		criteria:
417	417		a. A primary county or contiguous county listed by the USDA for an
418	418		agricultural disaster.
419	419		b. A county designated under a major disaster declaration by the
420	420		President of the United States under the Stafford Act (P.L. 93-288).
421	421		c. A county in this State deemed qualifying by State law because of
422	422		impacts from an agricultural disaster.
423	423		(8) USDA. – The United States Department of Agriculture.
424	424		SECTION 2D.2.(h) Commissioner of Agriculture Discretion. – The Commissioner
425	425		of Agriculture may also use the funds appropriated for the Program for purposes related to
426	426		Hurricane Helene recovery for farmers, including storm debris removal, streambank restoration,
427	427		stream restoration, and cropland restoration in the affected area, if the applicant under this
428	428		Program identifies that unmet need to the Department in the application.
429	429		SECTION 2D.2.(i) Reporting. – The Department shall submit a report to the Joint
430	430		Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the
431	431		Fiscal Research Division six months after the Program receives funds for an agricultural disaster
432	432		and every six months thereafter until all funds are expended containing, at a minimum, all of the
433	433		following data:
434	434		(1) The number of applicants by agricultural or aquaculture commodity or farm
435	435		infrastructure, and the county in which the person incurred the verified loss.
436	436		(2) The number and amount of grants awarded by agricultural or aquaculture
437	437		commodity or farm infrastructure.
438	438		(3) The geographic distribution of the grants awarded.
439	439		(4) The total amount of funding available to the Program, the total amount
440	440		encumbered, and the total amount disbursed to date.
441	441		(5) Any refunds made to the Program.
442	442		SECTION 2D.2.(j) Expiration and Reversion. – The Program shall expire 30 months
443	443		after this section becomes effective. Any funds allocated to the Program not expended or
444	444		encumbered by that date shall revert to the SERDRF.
445	445
446	446		SUBPART II-E. RESERVED.
447	447
448	448		SUBPART II-F. SMALL BUSINESS INFRASTRUCT URE GRANT PROGRAM
449	449		SECTION 2F.1.(a) Program; Purpose. – There is established the Small Business
450	450		Infrastructure Grant Program to be administered by the Department of Commerce. The purpose
451	451		of the program is to assist small businesses by providing grants to local governments to expedite
452	452		infrastructure repairs impacting the operation and patronage of small businesses in the affected
453	453		area.
454	454		SECTION 2F.1.(b) Definitions. – The following definitions apply in this section:
455	455		(1) Department. – The Department of Commerce.
456	456		(2) Eligible local government. – A city or county, as those terms are defined in
457	457		G.S. 160A-1 and G.S. 153A-1, located in the affected area.
458	458		(3) Program. – The Small Business Infrastructure Grant Program.
459	459		(4) Qualifying infrastructure needs. – Water, sewer, gas, telecommunications,
460	460		high-speed broadband, electrical utility, and sidewalk and curb infrastructure
461	461		serving one or more small businesses located in an eligible local government
462	462		and damaged by Hurricane Helene that, until repaired, inhibits access to or
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464	464		operations of one or more of those small businesses. The term does not include
465	465		infrastructure the small business owns or is responsible for maintaining.
466	466		(5) Small business. – A business with a physical presence in the affected area that
467	467		employs 150 or fewer employees.
468	468		SECTION 2F.1.(c) Applications; Verification. – An eligible local government with
469	469		qualifying infrastructure needs, or a small business located therein, may apply for a grant under
470	470		the program. An applicant must (i) identify with specificity the qualifying infrastructure needs,
471	471		(ii) provide a cost estimate to repair the needs, (iii) provide a short summary of the detrimental
472	472		impact on the named small businesses and how those businesses will benefit from the grant, (iv)
473	473		apply to the Department on a form prescribed by the Department, and (v) include any supporting
474	474		documentation required by the Department. The Department may accept applications until the
475	475		funds available under the program have been fully awarded. The Department shall consult with
476	476		applicants to substantiate applications prior to awarding grants under the program and prioritize
477	477		grants so as to maximize the beneficial and efficient use of program funding. Grants shall be
478	478		awarded to the eligible local government in which the qualifying infrastructure needs are located,
479	479		and the eligible local government shall be responsible for using the grant amount for repairing
480	480		the needs identified in the application.
481	481		SECTION 2F.1.(d) Grant Amount. – The total grant amount per county in the
482	482		affected area shall not exceed ten percent (10%) of the total funds appropriated for the program.
483	483		SECTION 2F.1.(e) Eligible Uses. – Grants awarded under this program shall be
484	484		used by local governments for repairing qualifying infrastructure needs that the Department, in
485	485		consultation with applicant local governments and small businesses, determines adversely affect
486	486		access to or operations of identified small businesses.
487	487		SECTION 2F.1.(f) Grant Program Limit. – The total of all funds granted under this
488	488		program may not exceed the amount allocated to the program under this section. Grants shall be
489	489		awarded on a first-come, first-served basis.
490	490		SECTION 2F.1.(g) Administrative Expenses. – The Department may retain up to
491	491		one and one-half percent (1.5%) of the funds appropriated for the grant program established by
492	492		this section for administrative expenses.
493	493		SECTION 2F.1.(h) Reporting. – Beginning December 15, 2025, and continuing
494	494		every six months thereafter, the Department shall submit a report on the program to the Joint
495	495		Legislative Economic Development and Global Engagement Oversight Committee and the Fiscal
496	496		Research Division. The duty to report pursuant to this section shall cease after the submission of
497	497		the report following when the Department has awarded the final grant under the program. Each
498	498		report shall contain, at a minimum, all of the following:
499	499		(1) The total grant amount awarded to date.
500	500		(2) The average grant amount per project.
501	501		(3) The types and number of qualifying infrastructure needs that have received
502	502		grant funding.
503	503		(4) The types and number of small businesses that have benefitted from the
504	504		program.
505	505
506	506		SUBPART II-G. SCHOOL EXTENSION LEARNING RECOVERY P ROGRAM
507	507		SECTION 2G.1.(a) Participating School Units. – For purposes of this section, a
508	508		"participating school unit" is any of the following:
509	509		(1) All local school administrative units located in the following counties:
510	510		a. Ashe County.
511	511		b. Avery County.
512	512		c. Buncombe County.
513	513		d. Burke County.
514	514		e. Haywood County.
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516	516		f. Henderson County.
517	517		g. Madison County.
518	518		h. McDowell County.
519	519		i. Mitchell County.
520	520		j. Rutherford County.
521	521		k. Transylvania County.
522	522		l. Watauga County.
523	523		m. Yancey County.
524	524		(2) Any charter school located in a county listed in subdivision (1) of this
525	525		subsection that elects to participate in the program established in this section.
526	526		SECTION 2G.1.(b) Program Established; Purpose. – Notwithstanding Part 3 of
527	527		Article 16 of Chapter 115C of the General Statutes or any other provision of law, following the
528	528		end of the 2024-2025 school year, participating school units shall offer a School Extension
529	529		Learning Recovery Program (Program) outside of the instructional school calendar. The purpose
530	530		of the Program shall be to provide instruction on specific subjects and enrichment to students in
531	531		grades four through eight to address learning losses and negative impacts students have
532	532		experienced due to unusual and extraordinary conditions related to Hurricane Helene in the
533	533		2024-2025 school year.
534	534		SECTION 2G.1.(c) Student Enrollment. – Only students in grades four through eight
535	535		that were enrolled in a school in a participating school unit during the 2024-2025 school year are
536	536		eligible to enroll in the Program. Eligible students that have not reached proficiency in reading
537	537		or mathematics, as demonstrated by the results of the State-approved annual assessment, by the
538	538		end of the 2024-2025 school year shall be given first priority to enroll in the Program. Other
539	539		eligible students may participate in the Program within space available. Participation in the
540	540		Program is voluntary.
541	541		SECTION 2G.1.(d) Parental Consent. – The parent or guardian of a student given
542	542		first priority for enrollment shall be encouraged to enroll the student in the Program, but the
543	543		parent or guardian shall make the final decision regarding the student's Program enrollment. A
544	544		parent or guardian must provide consent for a student to enroll in the Program.
545	545		SECTION 2G.1.(e) Student Assignment. – Students enrolled in the Program shall,
546	546		whenever possible, attend the Program at a school in the public school unit in which the student
547	547		was enrolled for the 2024-2025 school year. Students that were enrolled in a charter school that
548	548		has elected not to participate in the Program may attend the Program in the participating school
549	549		unit closest to the student's residence.
550	550		SECTION 2G.1.(f) Program Plan; Requirements. – A participating school unit shall
551	551		develop and submit a plan for its Program that meets the requirements of this section to the
552	552		Department of Public Instruction no later than 30 days prior to the final instructional day of the
553	553		2024-2025 school year. The Department shall notify the participating school unit of any
554	554		recommended changes to the Program plan within 21 days of receiving the proposed plan. The
555	555		Program shall be separate and apart from the 2024-2025 school year and shall not be an extension
556	556		of the 2024-2025 school year. The plan shall include at least the following as components of the
557	557		Program:
558	558		(1) Instruction shall be delivered for at least 72 hours over the course of the
559	559		Program as follows:
560	560		a. Each day of the Program shall contain a minimum of three hours of
561	561		instructional time and one hour of enrichment activity.
562	562		b. The instructional time shall not include the time for lunch service,
563	563		transition periods, and the physical activity period as required by this
564	564		section.
565	565		c. Instruction shall not be delivered on Saturdays.
566	566		d. Instruction shall be in person only.
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568	568		(2) Meal service for each instructional day.
569	569		(3) A period of physical activity during the instructional day.
570	570		(4) Transportation services to the school facility housing the Program.
571	571		(5) Grade level course offerings in reading or mathematics. The courses offered
572	572		shall be determined by the needs of students and staff competencies. The
573	573		Program may consist of any of the following:
574	574		a. Students taking courses in only reading.
575	575		b. Students taking courses in only mathematics.
576	576		c. Students taking a combination of both reading and mathematics
577	577		courses.
578	578		d. Any combination of the above.
579	579		(6) At least one enrichment activity. The participating school unit shall have
580	580		discretion in the type of enrichment activity offered, such as a sports, music,
581	581		or arts program.
582	582		(7) Identify the assessments that will be administered at the beginning and end of
583	583		the Program to evaluate student progress.
584	584		SECTION 2G.1.(g) Employment of School Personnel. – Notwithstanding Articles
585	585		19, 20, 21, and Part 3 of Article 22 of Chapter 115C of the General Statutes, a participating school
586	586		unit shall employ teachers and other school personnel as temporary employees on a contract basis
587	587		for the period of the Program. School personnel employed as temporary employees by a
588	588		participating school unit pursuant to this section shall not be considered an "employee," as
589	589		defined in G.S. 135-1(10), or a "teacher," as defined in G.S. 135-1(25), nor shall it cause school
590	590		personnel to be considered an "employee or State employee" under G.S. 135-48.1(10). In
591	591		addition, school personnel shall not be deemed as earning "compensation," as defined in
592	592		G.S. 135-1(7a), and shall not be eligible to accrue paid leave during their temporary employment.
593	593		SECTION 2G.1.(h) Program Assessments. – No later than April 1, 2025, the
594	594		Department of Public Instruction shall make available to all public school units that may
595	595		participate in the Program under subsection (a) of this section a list of all assessments that were
596	596		used to evaluate students in a program conducted pursuant to S.L. 2021-7. Participating school
597	597		units shall select an assessment per grade and subject for students in grades four through eight
598	598		from the list provided by the Department that shall be taken at the beginning of the Program and
599	599		at the conclusion of the Program. Each participating school unit shall ensure that the results of
600	600		all assessments administered to a student shall be provided to all teachers of record for that
601	601		student for the 2025-2026 school year.
602	602		SECTION 2G.1.(i) Participating Unit Reporting Requirements. – By October 15,
603	603		2025, school units shall report all of the following to the Department of Public Instruction:
604	604		(1) The number of students offered first priority enrollment in the Program, and
605	605		the total number of students that enrolled in the Program.
606	606		(2) The attendance record of enrolled students.
607	607		(3) Results of the assessment given to students at the beginning and end of the
608	608		Program.
609	609		(4) The number of students who progressed to the next grade level and the number
610	610		of students who were retained in the same grade level after participating in the
611	611		Program.
612	612		SECTION 2G.1.(j) Department Reporting Requirements. – No later than January
613	613		15, 2026, the Department of Public Instruction shall report to the Joint Legislative Education
614	614		Oversight Committee on the following:
615	615		(1) Implementation of the School Extension Learning Recovery Program.
616	616		(2) The information required to be reported under subsection (i) of this section.
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618	618		(3) A copy of each Program plan submitted to the Department, including any
619	619		changes recommended by the Department, the reason the change was
620	620		recommended, and whether the recommendation was followed.
621	621		(4) Any other data or information the Department deems relevant.
622	622		SECTION 2G.1.(k) Study. – The Office of Learning Research at the University of
623	623		North Carolina at Chapel Hill (OLR) shall study the overall effectiveness of the School Extension
624	624		Learning Recovery Program, as well as the impact of various individual Program plan designs
625	625		on academic student outcomes. The Department of Public Instruction shall provide OLR any
626	626		information or data it requests to conduct the study to the extent allowed under State and federal
627	627		law. OLR shall report the results of the study to the Joint Legislative Education Oversight
628	628		Committee no later than January 15, 2027.
629	629		SECTION 2G.1.(l) Appropriation. – Of the funds appropriated to the Department of
630	630		Public Instruction in this act, the sum of nine million dollars ($9,000,000) in nonrecurring funds
631	631		shall be used for the School Extension Learning Recovery Program, as established by this section.
632	632		The Department shall allocate these funds to participating school units as follows:
633	633		(1) Up to two hundred thousand dollars ($200,000) may be used statewide for the
634	634		assessments required by subsection (h) of this section.
635	635		(2) Twenty thousand dollars ($20,000) to each participating school unit.
636	636		(3) The remainder of the funds under this section shall be allocated on the basis
637	637		of average daily membership in grades four through eight.
638	638		SECTION 2G.1.(m) Reversion. – Funds appropriated to the Department of Public
639	639		Instruction under this section shall revert to the Helene Fund on October 15, 2025.
640	640
641	641		PART III. EXTENSION OF STATE OF EMERGENC Y
642	642		SECTION 3.1. In accordance with G.S. 166A-19.20(c)(2), the statewide declaration
643	643		of emergency issued by the Governor in Executive Order No. 315, concurred to by the Council
644	644		of State, and extended by Section 3.1 of S.L. 2024-51, is further extended until June 30, 2025.
645	645		This provision has no effect on Executive Order No. 322, issued by the Governor on October 16,
646	646		2024.
647	647
648	648		PART IV. REVERSION, LIMITATIONS ON USE O F FUNDS, AUDIT, AND
649	649		REPORTING OF FUNDS
650	650		SECTION 4.1.(a) Reversion. – Except as otherwise provided, funds appropriated
651	651		under Part II of this act shall revert to the Savings Reserve if not expended or encumbered by
652	652		June 30, 2030.
653	653		SECTION 4.1.(b) Receipt of Allocations. – A recipient of State funds under this act
654	654		shall use best efforts and take all reasonable steps to obtain alternative funds that cover the losses
655	655		or needs for which the State funds are provided, including funds from insurance policies in effect
656	656		and available federal aid. State funds paid under this act are declared to be excess over funds
657	657		received by a recipient from the settlement of a claim for loss or damage covered under the
658	658		recipient's applicable insurance policy in effect or federal aid. Where a recipient is an institution
659	659		of higher education or a non-State entity, the requirement regarding alternative funds, and the
660	660		calculation of alternative funds received, under this subsection includes seeking private donations
661	661		to help cover the losses or needs for which State funds are provided. An agency awarding State
662	662		funds for disaster relief shall include a notice to the recipient of the requirements of this
663	663		subsection.
664	664		SECTION 4.1.(c) Remittance of Funds. – If a recipient obtains alternative funds
665	665		pursuant to subsection (b) of this section, the recipient shall remit the funds to the State agency
666	666		from which the State funds were received. A recipient is not required to remit any amount in
667	667		excess of the State funds provided to the recipient under this act. The State agency shall transfer
668	668		these funds to the Savings Reserve.
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670	670		SECTION 4.1.(d) Contract Requirements. – Any contract or other instrument
671	671		entered into by a recipient for receipt of funds under this act shall include the requirements set
672	672		forth in subsections (b) and (c) of this section.
673	673		SECTION 4.1.(e) Limitation on Powers of Governor. – The Governor may not use
674	674		the funds described in this act to make budget adjustments under G.S. 143C-6-4 or to make
675	675		reallocations under G.S. 166A-19.40(c). Nothing in this act shall be construed to prohibit the
676	676		Governor from exercising the Governor's authority under these statutes with respect to funds
677	677		other than those described in this act.
678	678		SECTION 4.1.(f) Directive. – The Governor shall ensure that funds allocated in this
679	679		act are expended in a manner that does not adversely affect any person's or entity's eligibility for
680	680		federal funds that are made available, or that are anticipated to be made available, as a result of
681	681		natural disasters. The Governor shall also, to the extent practicable, avoid using State funds to
682	682		cover costs that will be, or likely will be, covered by federal funds.
683	683		SECTION 4.1.(g) Allocation Reporting Requirements. – Beginning May 15, 2025,
684	684		for the previous quarter, OSBM shall report to the chairs of the House of Representatives and
685	685		Senate Appropriations Committees and to the Fiscal Research Division of the General Assembly
686	686		on the implementation of this act on a quarterly basis until the end of the quarter in which all
687	687		funds are expended and shall also provide any additional reports or information requested by the
688	688		Fiscal Research Division. In reporting on the use of State disaster recovery and assistance funds
689	689		expended pursuant to this act and federal funds received by State agencies for disaster relief and
690	690		recovery efforts, OSBM shall include, regardless of which State agency, federal agency, or
691	691		non-State entity that administers the funds, all of the following for each program:
692	692		(1) The purpose of the program.
693	693		(2) The responsible department or agency.
694	694		(3) Current, year-to-date, and total cumulative funds appropriated, receipted from
695	695		non-State sources, expended, encumbered, and obligated by program and by
696	696		source of funds.
697	697		(4) A summary of activities.
698	698		(5) The total program spending by county, where practicable.
699	699		(6) Funds returned to the Savings Reserve pursuant to subsection (c) of this
700	700		section, as applicable.
701	701		Non-State entities that administer or receive any funds appropriated in this act shall
702	702		assist and fully cooperate with OSBM in meeting OSBM's obligations under this section.
703	703		SECTION 4.1.(h) Relationship to Previous Reporting Requirements. – Subsection
704	704		(g) of this section supersedes Section 7.1(h) of S.L. 2024-51, as amended by Section 5.6 of S.L.
705	705		2024-53, and Section 3.1(g) of S.L. 2024-53 (collectively, the prior reporting requirements). In
706	706		cases of any conflict between the prior reporting requirements and subsection (g) of this section,
707	707		the language in subsection (g) of this section shall prevail.
708	708		SECTION 4.2.(a) Reporting Requirements to State Auditor. – The Office of the
709	709		Governor of North Carolina shall report to the Office of the State Auditor all disaster relief funds
710	710		allocated to Hurricane Helene relief that have been disbursed as of the enactment of this section
711	711		and thereafter shall regularly report future disbursements of all disaster relief funds allocated to
712	712		Hurricane Helene relief as they are disbursed. These reports shall include detailed information
713	713		on all expenditures for personnel, administrative expenses, capital, supplies, and direct aid and
714	714		any documents relevant to funds appropriated by or received by the State of North Carolina for
715	715		disaster relief for Hurricane Helene.
716	716		SECTION 4.2.(b) Auditor Reporting Time Line. – The Office of the Governor shall
717	717		send the required information and documents, in accordance with subsection (a) of this section,
718	718		relating to funds already disbursed to the Office of the State Auditor as soon as practicable but
719	719		no later than 15 business days after this act becomes law. Thereafter, the Office of the Governor
720	720		of North Carolina shall send the required information and documents relating to subsequent
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722	722		disbursements to the Office of the State Auditor on a weekly basis after each disbursement of
723	723		disaster relief funds.
724	724		SECTION 4.2.(c) Audit Requirements. – The State Auditor shall produce a report
725	725		of funds expended for Hurricane Helene relief in North Carolina upon the request of the Joint
726	726		Legislative Commission on Governmental Operations. The State Auditor shall conduct
727	727		additional periodic financial and performance audits of the Division of Emergency Management,
728	728		GROW NC, and any additional financial or performance audits as requested by the General
729	729		Assembly. The audits shall include, at a minimum, all areas of examination as prescribed by
730	730		G.S. 147-64.6.
731	731		SECTION 4.2.(d) Public Dashboard. – The State Auditor shall provide and maintain
732	732		a public online dashboard that compares the amount of funds appropriated by the legislature with
733	733		the amount expended by the executive branch for Hurricane Helene relief and any other
734	734		information the State Auditor deems relevant.
735	735
736	736		PART V. DISASTER REC OVERY REGULATORY AN D PROCUREMENT
737	737		FLEXIBILITY
738	738
739	739		EXTENSION OF EXPIRATION DATES FOR CERTAIN REGULATORY
740	740		FLEXIBILITY PROVISIONS
741	741		SECTION 5.1. The following provisions of S.L. 2024-51 (Helene I), S.L. 2024-53
742	742		(Helene II), and S.L. 2024-57 (Helene III) providing regulatory flexibility and (i) expiring,
743	743		ending, or otherwise limited in applicability on any day of March through June 2025 or (ii) for
744	744		which no expiration date is specified are, notwithstanding any provisions of those acts to the
745	745		contrary, extended to the date of expiration of the statewide declaration of emergency issued by
746	746		the Governor in Executive Order No. 315, concurred to by the Council of State, and extended
747	747		pursuant to S.L. 2024-51, this act, or any other enactment of a general law:
748	748		(1) Helene I:
749	749		a. Section 10.1 ("Funding Flexibility for Drinking Water and Wastewater
750	750		Infrastructure Projects").
751	751		b. Section 16.1 ("Extend Grace Period for Corporations, Nonprofits, and
752	752		LLCs in FEMA-Designated Counties to Correct Grounds for
753	753		Administrative Dissolution").
754	754		(2) Helene II:
755	755		a. Section 4E.1 ("Authorize State Agencies to Exercise Regulatory
756	756		Flexibility for Employment-Related Certifications").
757	757		b. Section 4E.3 ("Flexibility for Building Permit Issuance/Inspections in
758	758		Disaster Area").
759	759		(3) Helene III:
760	760		a. Section 1D.6 ("Temporary Pump and Haul Wastewater Permits").
761	761		b. Section 1D.7 ("Authorize Waiver of Submission and Approval of
762	762		Sedimentation Pollution Control Plan Prior to Initiation of
763	763		Land-Disturbing Activities in Certain Circumstances").
764	764		c. Section 1D.8 ("Tree Ordinance Restriction in Disaster Declared
765	765		Counties").
766	766		d. Section 1D.9 ("Right to Connect Temporary Housing to Wastewater
767	767		Treatment System").
768	768		e. Section 1E.1 ("Extend Certain Concealed Handgun Permits").
769	769		f. Section 1F.4 ("Authorize the Office of the State Fire Marshal to
770	770		Promulgate Rules for Temporary Manufactured and Modular
771	771		Dwellings").
772	772
773		-	Page 16 ~~Session Law 2025-2~~ House Bill 47
	773	+	Page 16 House Bill 47-Ratified
774	774		FACILITATE PERMANENT INSTALLATION OF BROADBAND
775	775		INFRASTRUCTURE
776	776		SECTION 5.2. To facilitate the permanent installation of broadband infrastructure
777	777		damaged by Hurricane Helene, all of the following shall apply:
778	778		(1) If a roadway constructor is repairing, rebuilding, or reconstructing roads or
779	779		related roadway infrastructure located within an affected county that is one
780	780		quarter of a mile or longer in total length, then the roadway constructor shall
781	781		collaborate and cooperate with any broadband provider that is repairing or
782	782		rebuilding the broadband infrastructure that is or was located in or along the
783	783		original road right-of-way. The roadway constructor shall coordinate with the
784	784		broadband provider to install its cable and equipment at the appropriate time
785	785		during the road or related roadway construction process in order to facilitate
786	786		the permanent broadband solution and avoid the necessity of improvements
787	787		being made immediately upon the conclusion of the road or related roadway
788	788		construction process that may extend disruptions to the flow of traffic.
789	789		(2) If a roadway constructor has allowed the installation of a temporary backbone
790	790		broadband service or repair within a roadway right-of-way as an immediate
791	791		means of restoring the backbone broadband service after damage by Hurricane
792	792		Helene, then, upon presentation of data by the broadband provider of the
793	793		backbone broadband service that the permanent installation of that temporary
794	794		backbone broadband service or repair is the most cost-effective and efficient
795	795		means of achieving the permanent solution for the original damaged backbone
796	796		broadband service, then the roadway constructor shall fully cooperate with the
797	797		broadband provider to enable the broadband provider to convert the temporary
798	798		solution to the permanent solution.
799	799		(3) The Department of Transportation and local governments shall allow the
800	800		underground installation of broadband infrastructure within rights-of-way as
801	801		needed for repair of broadband infrastructure damaged by Hurricane Helene
802	802		in affected counties.
803	803
804	804		ALLOW USE OF INMATES TO CLEAN UP DEBRIS ON PUBLIC ROADS AND
805	805		ROADSIDES
806	806		SECTION 5.3.(a) The Department of Adult Correction shall coordinate with the
807	807		Department of Transportation to allow for the use of inmates to clean up debris resulting from
808	808		Hurricane Helene on public roads and roadsides in the affected areas. Except for the requirement
809	809		that the number and location of prisoners be agreed to far enough in advance of each budget, the
810	810		coordination required under this section shall be in accordance with G.S. 148-26(b).
811	811		SECTION 5.3.(b) Section 19C.10(a) of S.L. 2021-180 reads as rewritten:
812	812		"SECTION 19C.10.(a) Notwithstanding G.S. 162-58, and consistent with the provisions of
813	813		Article 3 of Chapter 148 of the General Statutes, sheriffs having custody of inmates under the
814	814		Statewide Misdemeanant Confinement Program may utilize those inmates to maintain the
815	815		cleanliness of areas along local and State roadways.roadways, which may include the removal of
816	816		debris resulting from a major disaster declaration by the President of the United States under the
817	817		Stafford Act (P.L. 93-288) or a disaster declared by the Governor under G.S. 166A-19.21."
818	818		SECTION 5.3.(c) Subsection (b) of this section is effective when it becomes law
819	819		and applies to debris removal resulting from disaster declarations made before, on, or after that
820	820		date.
821	821
822	822		PROPERTY DISTRIBUTED AND ACQUIRED BY LOCAL GOVERNMENTS AND
823	823		VOADS TO AID IN DISASTER RECOVERY
824		-	House Bill 47 ~~Session Law 2025-2~~ Page 17
	824	+	House Bill 47-Ratified Page 17
825	825		SECTION 5.4.(a) Article 3 of Chapter 143 of the General Statutes is amended by
826	826		adding a new section to read:
827	827		"§ 143-49.2. Purchases by Volunteer Organizations Active in Disasters.
828	828		In consideration of public service, any member organization of Volunteer Organizations
829	829		Active in Disasters (hereinafter "VOAD member") in the State of North Carolina may purchase
830	830		heavy construction equipment and motor vehicles under State contract through the Department
831	831		of Administration if the equipment and motor vehicles are purchased for the purpose of aiding in
832	832		disaster recovery in this State. The Department of Administration shall make its services
833	833		available to these organizations in the purchase of the equipment and motor vehicles under the
834	834		same laws, rules, and regulations applicable to nonprofit organizations as provided in
835	835		G.S. 143-49(6). Any proceeds or benefit received by a VOAD member from the disposition or
836	836		sale of equipment or motor vehicles purchased under this section shall be used for a public
837	837		purpose only."
838	838		SECTION 5.4.(b) Article 3A of Chapter 143 of the General Statutes is amended by
839	839		adding a new Part to read:
840	840		"Part 4. Miscellaneous.
841	841		"§ 143-64.8. Distribution of surplus property for disaster recovery.
842	842		(a) Notwithstanding any provision of Part 1 or Part 2 of this Article, the Department of
843	843		Administration as the State Surplus Property Agency and State agency for federal surplus
844	844		property shall regularly publish on its website a list of all heavy construction equipment and
845	845		motor vehicles in its possession and control for review and consideration by units of local
846	846		government and member organizations of Volunteer Organizations Active in Disasters
847	847		(hereinafter "VOAD member") as to the useability of the equipment and motor vehicles for
848	848		disaster recovery efforts in the State of North Carolina. The Department shall loan the property
849	849		to units of local government and VOAD members on a first-come basis for a period of five years
850	850		without assessing or collecting any service charge or fee; provided, however, any distribution of
851	851		property obtained from the United States of America shall comply with federal guidelines for the
852	852		distribution of federal surplus property and the provisions of G.S. 143-64.2(f). Property loaned
853	853		to a unit of local government or VOAD member under this section shall not be transferred to
854	854		another entity by the unit or VOAD member. After the expiration of the five-year time period,
855	855		the property loaned under this section shall become the property of the unit of local government
856	856		or VOAD member, as appropriate, and they may sell or otherwise dispose of the property. Any
857	857		proceeds or benefit received by a VOAD member from the disposition or sale of the property
858	858		shall be used for a public purpose only. The use of proceeds or benefits received from the sale of
859	859		the property by a unit of local government is for a public purpose.
860	860		(b) The Department of Administration shall maintain a record of each piece of
861	861		construction equipment and each motor vehicle distributed under subsection (a) of this section,
862	862		the unit of local government or VOAD member to which the equipment and/or motor vehicle
863	863		was distributed, and the approximate value of the equipment and/or motor vehicle at the time of
864	864		distribution. Not later than February 1 of each fiscal year, the Department shall submit a report
865	865		detailing the distributions to the House Appropriations Committee on General Government, the
866	866		Senate Appropriations Committee on General Government and Information Technology, and the
867	867		Fiscal Research Division."
868	868
869	869		DEPARTMENT OF TRANSP ORTATION THIRD -PARTY ADMINISTRATOR FOR
870	870		FEMA AND FHWA REIMBU RSEMENTS
871	871		SECTION 5.5. The Department of Transportation shall enter into a contract with a
872	872		third-party administrator to expeditiously seek reimbursement from FEMA and the Federal
873	873		Highway Administration (FHWA) for all qualifying disaster expenditures in the affected area.
874	874		No later than the end of each month, the Department shall submit a report to the Joint Legislative
875	875		Transportation Oversight Committee and the Fiscal Research Division that contains an itemized
876		-	Page 18 ~~Session Law 2025-2~~ House Bill 47
	876	+	Page 18 House Bill 47-Ratified
877	877		list of all disaster expenditures in the affected area that qualify for federal reimbursement for
878	878		which reimbursement is still pending and the expected amount, including the total amount spent
879	879		for each expenditure, the expected amount of reimbursement to be received for each expenditure,
880	880		the reimbursement amount received to date, the dates the work plans and reimbursement
881	881		applications were submitted, and the expected dates of reimbursement.
882	882
883	883		FUNERAL ESTABLISHMENT EXEMPTION WAIVER
884	884		SECTION 5.6.(a) G.S. 90-210.27A(a1) reads as rewritten:
885	885		"(a1) If the preparation room of a funeral establishment is damaged or destroyed by fire,
886	886		weather, weather event, or other natural disaster, the Board may suspend the requirements of
887	887		subsection (a) subsections (a) and (c) of this section, in part or whole, for a period not to exceed
888	888		180 days, two years, provided that the funeral establishment remains in compliance with the
889	889		requirements of G.S. 90-210.25(d1) and G.S. 90-210.25(a2)(2) and (d) and all other applicable
890	890		State laws, rules, regulations, and requirements of the Division of Health Services and regulations
891	891		of the municipality town, municipality, or county where the funeral establishment is located. To
892	892		receive a suspension an extension of more than 90 days, two years from the date of loss, the
893	893		applicant must show good cause for additional time.funeral establishment may petition a court
894	894		of competent jurisdiction who, upon finding that granting the requested extension would not
895	895		negatively affect the public health, safety, and welfare, may grant an additional extension not to
896	896		exceed three years from the date of loss or one year from the date of the court's order, whichever
897	897		is greater."
898	898		SECTION 5.6.(b) The North Carolina Board of Funeral Service may adopt rules to
899	899		implement the provisions of this section.
900	900
901	901		RECONSTRUCTION OF NONCONFORMING RESIDENTIAL STRUCTURES
902	902		SECTION 5.7.(a) Notwithstanding any local government development regulation to
903	903		the contrary, and to the extent allowed by federal law, reconstruction or repair of a
904	904		nonconforming residential structure in the affected area shall be allowed when all of the
905	905		following criteria are met:
906	906		(1) The structure shall not be enlarged beyond its original footprint.
907	907		(2) The structure shall serve the same or similar residential use.
908	908		(3) There are no alternatives for replacing the structure to provide the same or
909	909		similar benefits to the structure owner in compliance with current law.
910	910		(4) The structure will be reconstructed so as to comply with a local government's
911	911		current development regulations to the maximum extent possible.
912	912		(5) If located in an area regulated by a unit of local government pursuant to a
913	913		floodplain or flood damage prevention regulation, the structure will be
914	914		compliant with the regulation.
915	915		(6) Reconstruction shall comply with any federal law requiring local government
916	916		implementation and enforcement.
917	917		SECTION 5.7.(b) For purposes of this section, "development regulation" means a
918	918		unified development ordinance, zoning regulation, subdivision regulation, historic preservation
919	919		or landmark regulation, or any other regulation adopted pursuant to Chapter 160D of the General
920	920		Statutes or a local act or charter that regulates land use or development. The term shall not include
921	921		(i) a floodplain or flood damage prevention regulation, (ii) local regulations adopted pursuant to
922	922		G.S. 143-138(e) or adopted pursuant to the North Carolina State Building Code, (iii) erosion and
923	923		sedimentation or stormwater control regulations adopted to comply with requirements of federal
924	924		law, or (iv) any other regulations adopted to comply with requirements of federal law.
925	925		SECTION 5.7.(c) This section is effective when it becomes law and expires June
926	926		30, 2030.
927	927
928		-	House Bill 47 ~~Session Law 2025-2~~ Page 19
	928	+	House Bill 47-Ratified Page 19
929	929		SCHOOL CALENDAR FLEXIBILITY AND SCHOOL NUTRITION COMPENSATION
930	930		SECTION 5.8.(a) Calendar Flexibility. – Notwithstanding G.S. 115C-84.2(a)(1) or
931	931		any other provision of State law to the contrary, for any instructional days or equivalent hours
932	932		missed due to inclement weather during the months of December 2024 through February 2025,
933	933		the governing body of a public school unit may, in their discretion, (i) make up any number of
934	934		the instructional days or equivalent hours missed, (ii) deem as completed any number of the
935	935		instructional days or equivalent hours missed up to a total of 10 days, or (iii) implement a
936	936		combination of both of the above. This section applies only to public school units located in the
937	937		following counties:
938	938		(1) Ashe County.
939	939		(2) Avery County.
940	940		(3) Buncombe County.
941	941		(4) Burke County.
942	942		(5) Haywood County.
943	943		(6) Henderson County.
944	944		(7) Madison County.
945	945		(8) McDowell County.
946	946		(9) Mitchell County.
947	947		(10) Rutherford County.
948	948		(11) Transylvania County.
949	949		(12) Watauga County.
950	950		(13) Yancey County.
951	951		SECTION 5.8.(b) Employee Compensation. – All employees and contractors of a
952	952		public school unit granted school calendar flexibility under subsection (a) of this section shall be
953	953		deemed to have worked for any scheduled instructional days missed due to inclement weather
954	954		during the months of December 2024 through February 2025 that a public school unit has deemed
955	955		completed and is not required to make up. Employees and contractors shall be compensated in
956	956		the same manner they would have if they had worked on the scheduled instructional days missed.
957	957		SECTION 5.8.(c) School Nutrition Compensation. – Notwithstanding any provision
958	958		of Section 6.1(a)(2) of S.L. 2024-51 to the contrary, of the funds appropriated to the Department
959	959		of Public Instruction in Section 6.1(a)(2) of S.L. 2024-51, the Department shall provide, from
960	960		within funds available, compensation to public school unit employees and contractors of schools
961	961		participating in the National School Lunch Program or School Breakfast Program for scheduled
962	962		instructional days when compensation would have been provided by school meal receipts or by
963	963		federal funds either (i) as authorized by this section or (ii) for a scheduled instructional day which
964	964		was provided remotely pursuant to Section 8.1(b) of S.L. 2024-51. Employees and contractors
965	965		compensated using funds described in this section shall be compensated in the same manner they
966	966		would have had they worked on the scheduled instructional days missed or provided remotely.
967	967		If the funds described by this section are insufficient to provide compensation
968	968		authorized by this section to public school unit employees and contractors in schools participating
969	969		in the National School Lunch Program or School Breakfast Program for scheduled instructional
970	970		days when compensation would have been provided by school meal receipts or by federal funds,
971	971		the Department of Public Instruction shall develop a uniform criteria to determine the
972	972		comparative economic need of public school units to which this section applies and shall ensure
973	973		that priority is given to public school units with greatest economic need when awarding available
974	974		funds.
975	975		SECTION 5.8.(d) Reporting Requirement. – No later than May 1, 2025, the
976	976		Department of Public Instruction shall report to the Joint Legislative Education Oversight
977	977		Committee and the Fiscal Research Division the following information for each public school
978	978		unit listed in this section:
979		-	Page 20 ~~Session Law 2025-2~~ House Bill 47
	979	+	Page 20 House Bill 47-Ratified
980	980		(1) The number of instructional days or hours missed due to inclement weather
981	981		during the months of December 2024 through February 2025.
982	982		(2) The number of days deemed complete pursuant to this section.
983	983		(3) Any makeup days scheduled for days missed during the months of December
984	984		2024 through February 2025.
985	985		(4) Any compensation provided to employees and contractors pursuant to
986	986		subsection (c) of this section.
987	987
988	988		EXTEND QUALITY IMPROVEMENT PLAN FLEXIBILITY
989	989		SECTION 5.9. Section 4B.3 of S.L. 2024-53 reads as rewritten:
990	990		"SECTION 4B.3.(a) Waiver of Collaborative Practice Agreement Rules. – Notwithstanding
991	991		any other provision of law to the contrary, neither the North Carolina Medical Board nor the
992	992		North Carolina Board of Nursing shall enforce any provision of the annual review rules or the
993	993		quality improvement plan rules for collaborative practice agreements under (i) 21 NCAC 36
994	994		.0806, .0810, .0813, (ii) 21 NCAC 32S .0204, .0213, and (iii) 21 NCAC 32M .0110 and .0115 if
995	995		the physician assistant or nurse practitioner resides in or is employed in the affected area.
996	996		"SECTION 4B.3.(b) Waiver of Fees. – Notwithstanding any other provision of law to the
997	997		contrary, neither the North Carolina Medical Board nor the North Carolina Board of Nursing
998	998		shall enforce any provision of the rules listed in subsection (a) of this section to the extent they
999	999		require any individual to fill out an application or pay a fee, provided that individual (i) is
1000	1000		providing volunteer health care services in the affected area to assist with disaster recovery and
1001	1001		relief efforts within the scope of his or her license or (ii) qualifies under subsection (a) of this
1002	1002		section.
1003	1003		"SECTION 4B.3.(c) Limitation. – Any physician assistant or nurse practitioner holding an
1004	1004		approval to practice or a license that has been surrendered or is currently suspended due to
1005	1005		disciplinary action does not qualify for the waivers under this section.
1006	1006		"SECTION 4B.3.(d) Expiration. – This section expires when one year after the statewide
1007	1007		declaration of emergency was issued by the Governor in Executive Order No. 315, concurred to
1008	1008		by the Council of State and as extended pursuant to S.L. 2024-51 and any other enactment of a
1009	1009		general law, expires.315."
1010	1010
1011	1011		UTILITY EMERGENCY AUTHORITY
1012	1012		SECTION 5.10. Utilities are responsible for obtaining easements arising from land
1013	1013		acquisition for pole and transformer replacement and repair. Notwithstanding the foregoing, in
1014	1014		order to allow utilities the necessary time to identify and resolve potential claims by private
1015	1015		landowners in the affected area, no claim for inverse condemnation or trespass arising from pole
1016	1016		and transformer replacement and repair may be filed during the period the statewide declaration
1017	1017		of emergency referenced in Section 3.1 of this act is in effect until one year after that declaration's
1018	1018		expiration. The statute of limitations for such claims shall be extended for the same period, and
1019	1019		the landowner shall be able to recover prejudgment interest from the date of the pole or
1020	1020		transformer replacement or repair to the date of the date of judgment.
1021	1021
1022	1022		EXTEND THE TIME -LIMITED REMOVAL OF BARRIERS TO ALLOW RETIREES
1023	1023		OF THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM AND THE
1024	1024		LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM TO RETURN TO
1025	1025		WORK ON A PART-TIME, TEMPORARY, OR INTERIM BASIS
1026	1026		SECTION 5.11. Section 12.1 of S.L. 2024-51 reads as rewritten:
1027	1027		"SECTION 12.1.(a) For individuals who retired under the Teachers' and State Employees'
1028	1028		Retirement System (TSERS) on or after April 1, 2024, but before October 1, 2024, March 1,
1029	1029		2025, the six-month separation from service from an employer required under G.S. 135-1(20) in
1030	1030		order for a retirement to become effective shall not apply and instead a one-month separation
1031		-	House Bill 47 ~~Session Law 2025-2~~ Page 21
	1031	+	House Bill 47-Ratified Page 21
1032	1032		shall be required, provided that the position to which the individual returns is needed due to the
1033	1033		state of emergency related to Hurricane Helene or associated Hurricane Helene recovery efforts,
1034	1034		as certified to the Retirement Systems Division of the Department of State Treasurer by the
1035	1035		employing agency.
1036	1036		"SECTION 12.1.(b) Upon the expiration of subsection (a) of this section, all of the
1037	1037		following shall apply:
1038	1038		(1) The six-month separation from an employer required under G.S. 135-1(20)
1039	1039		shall again be applicable to individuals who retired under TSERS on or after
1040	1040		April 1, 2024, but before October 1, 2024.March 1, 2025.
1041	1041		(2) In order for a member's retirement under TSERS on or after April 1, 2024, but
1042	1042		before October 1, 2024, March 1, 2025, to become effective in any month, the
1043	1043		member must perform no work for an employer, including part-time,
1044	1044		temporary, substitute, or contractor work, at any time between the expiration
1045	1045		of subsection (a) of this section and the end of the six months immediately
1046	1046		following the effective date of retirement, provided the expiration of the
1047	1047		six-month period of separation did not occur while subsection (a) of this
1048	1048		section was in effect.
1049	1049		"SECTION 12.1.(c) For individuals who retired under TSERS on or after April 1, 2024, but
1050	1050		before October 1, 2024, March 1, 2025, any time worked between September 25, 2024, and the
1051	1051		time subsection (a) of this section expires shall not be considered work for the purposes of the
1052	1052		six-month separation required under G.S. 135-1(20) or for the purposes of G.S. 135-3(d),
1053	1053		provided the position held by the individual is needed due to the state of emergency related to
1054	1054		Hurricane Helene or associated Hurricane Helene recovery efforts, as certified to the Retirement
1055	1055		Systems Division of the Department of State Treasurer by the employing agency.
1056	1056		"SECTION 12.1.(d) For individuals who retired prior to October 1, 2024, March 1, 2025,
1057	1057		any earnings received between September 25, 2024, and the time that subsection (a) of this
1058	1058		section expires shall not be treated as earned by a TSERS beneficiary under the provisions of
1059	1059		G.S. 135-3(a)(8)c., provided those earnings are related to a position needed due to the state of
1060	1060		emergency related to Hurricane Helene or associated Hurricane Helene recovery efforts, as
1061	1061		certified to the Retirement Systems Division of the Department of State Treasurer by the
1062	1062		employing agency.
1063	1063		"SECTION 12.1.(e) For individuals who retired prior to October 1, 2024, March 1, 2025,
1064	1064		any earnings received between September 25, 2024, and the time that subsection (a) of this
1065	1065		section expires shall not be treated as earned by a beneficiary of the Local Governmental
1066	1066		Employees Retirement System (LGERS) under the provisions of G.S. 128-24(5)c., provided
1067	1067		those earnings are related to a position needed due to the state of emergency related to Hurricane
1068	1068		Helene or associated Hurricane Helene recovery efforts, as certified to the Retirement Systems
1069	1069		Division of the Department of State Treasurer by the employing unit.
1070	1070		"SECTION 12.1.(f) Any benefits received by or paid to a law enforcement officer, retired
1071	1071		law enforcement officer, sheriff, or retired sheriff under Article 12D or Article 12H of Chapter
1072	1072		143 of the General Statutes shall not be impacted by any work performed between September
1073	1073		25, 2024, and the time that subsection (a) of this section expires, provided that work performed
1074	1074		is needed due to the state of emergency related to Hurricane Helene or associated Hurricane
1075	1075		Helene recovery efforts, as documented by the employing unit or agency.
1076	1076		"SECTION 12.1.(g) Subsection (a) of this section expires when the statewide declaration of
1077	1077		emergency issued by the Governor in Executive Order No. 315, concurred to by the Council of
1078	1078		State and as extended pursuant to this act and any other enactment of a general law, expires."
1079	1079
1080	1080		DELAY 2024 NORTH CAROLINA STATE BUILDING CODE EFFECTIVE DATE
1081		-	Page 22 ~~Session Law 2025-2~~ House Bill 47
	1081	+	Page 22 House Bill 47-Ratified
1082	1082		SECTION 5.12.(a) Definitions. – For purposes of this section, "2024 North Carolina
1083	1083		State Building Code" means the North Carolina State Building Code collection and amendments
1084	1084		to the Code, as adopted by the Building Code Council, effective July 1, 2025.
1085	1085		SECTION 5.12.(b) Effective Date Delay. – Notwithstanding G.S. 143-138(d),
1086	1086		Section 2 of S.L. 2013-118, Section 1F.3.(b) of S.L. 2024-57, or any other provision to the
1087	1087		contrary, the 2024 North Carolina State Building Code shall become effective 12 months after
1088	1088		the first day of the month following the date the State Fire Marshal certifies, by letter to the
1089	1089		Revisor of Statutes with copies sent to the President Pro Tempore of the Senate and the Speaker
1090	1090		of the House of Representatives, that both of the following events have occurred:
1091	1091		(1) The Building Code Council and Residential Code Council have completed all
1092	1092		of the following publication and distribution requirements:
1093	1093		a. The initial publication and printing of the adopted 2024 North Carolina
1094	1094		State Building Code, including all amendments adopted as of the
1095	1095		effective date of this act.
1096	1096		b. The distribution of copies of the initially published 2024 North
1097	1097		Carolina State Building Code to all State and local officials and
1098	1098		departments who are required to receive copies of the Code under
1099	1099		G.S. 143-138(g) without the necessity of a written request.
1100	1100		c. The making of copies of the initial publication of the 2024 North
1101	1101		Carolina State Building Code available for purchase by members of
1102	1102		the general public.
1103	1103		(2) The Residential Code Council is fully constituted in accordance with the
1104	1104		membership requirements set forth in G.S. 143-136.1.
1105	1105		SECTION 5.12.(c) Notification Required. – Upon the occurrence of both events
1106	1106		specified in subdivisions (1) and (2) of subsection (b) of this section, the State Fire Marshal shall
1107	1107		send certification as required under subsection (b) of this section.
1108	1108		SECTION 5.12.(d) No Abrogation. – Nothing in this section abrogates the duties of
1109	1109		the Building Code Council or Residential Code Council during the delay created by subsection
1110	1110		(b) of this section, including finalizing its publication, providing technical assistance, and
1111	1111		educating the public regarding changes to the North Carolina State Building Code.
1112	1112		SECTION 5.12.(e) Expiration. – This section expires 12 months after the first day
1113	1113		of the month following the notification required by the State Fire Marshal in subsection (c) of
1114	1114		this section.
1115	1115
1116	1116		PART VI. MISCELLANEO US PROVISIONS
1117	1117
1118	1118		RETROACTIVE APPLICABILITY
1119	1119		SECTION 6.1. Any provision extended under Part III or Section 5.1 of this act shall
1120	1120		be retroactively effective on March 1, 2025, unless otherwise prohibited by law.
1121	1121
1122	1122		EFFECT OF HEADINGS
1123	1123		SECTION 6.2. The headings to the parts and sections of this act are a convenience
1124	1124		to the reader and are for reference only. The headings do not expand, limit, or define the text of
1125	1125		this act, except for effective dates referring to a part or section.
1126	1126
1127	1127		SEVERABILITY CLAUSE
1128	1128		SECTION 6.3. If any section or provision of this act is declared unconstitutional or
1129	1129		invalid by the courts, it does not affect the validity of this act as a whole or any part other than
1130	1130		the part so declared to be unconstitutional or invalid.
1131	1131
1132	1132
1133		-	House Bill 47 ~~Session Law 2025-2~~ Page 23
	1133	+	House Bill 47-Ratified Page 23
1134	1134		EFFECTIVE DATE
1135	1135		SECTION 6.4. Except as otherwise provided, this act is effective when it becomes
1136	1136		law.
1137	1137		In the General Assembly read three times and ratified this the 19
1138	1138		th
1139	1139		day of March, 2025.
1140	1140
1141	1141
1142	1142		s/ Phil Berger
1143	1143		President Pro Tempore of the Senate
1144	1144
1145	1145
1146	1146		s/ Destin Hall
1147	1147		Speaker of the House of Representatives
1148	1148
1149	1149
1150		-	s/ Josh Stein
	1150	+
	1151	+
	1152	+	_____________________________________
	1153	+	Josh Stein
1151	1154		Governor
1152	1155
1153	1156
1154		-	Approved 7:26 p.m. this 19
1155		-	th
1156		-	day of March, 2025
	1157	+	Approved __________.m. this ______________ day of ___________________, 2025